[Rev. 11/3/2014 1:14:58 PM]

[NAC-386 Revised Date: 9-14]

CHAPTER 386 - LOCAL ADMINISTRATIVE ORGANIZATION

CHARTER SCHOOLS

General Provisions

386.010            Definitions.

386.015            “Authorized insurer” defined.

386.020            “Charter school” defined.

386.030            “Department” defined.

386.033            “Educational management organization” defined.

386.037            “Fiscal year” defined.

386.040            “Governing body” defined.

386.045            “Operational charter school” defined.

386.050            “Written charter” defined.

Formation

386.090            Committee to form charter school and governing body: Interpretation of statutory qualification for membership.

386.100            Administrative head: Selection; qualifications and responsibilities; notification of selection or replacement.

386.110            Appointment of liaison between committee to form charter school and Department.

386.120            Sponsorship of charter schools by board of trustees: Application for authorization.

386.125            Submission and contents of letter of intent to form charter school.

386.130            Application to form charter school: Forms; restrictions on submission and acceptance.

386.135            Application to form charter school: Proposed dates of enrollment for first year of operation.

386.140            Application to form charter school: Inclusion of information regarding facility, personnel and equipment.

386.150            Application to form charter school: Inclusion of information regarding educational program.

386.160            Application to form charter school: Inclusion of information regarding committee to form charter school, and governance and staffing.

386.170            Application to form charter school: Inclusion of information regarding issues of health and safety.

386.180            Application to form charter school: Inclusion of certain miscellaneous information.

386.190            Review by Department of application to form charter school for sponsorship by board of trustees of school district or college or university within Nevada System of Higher Education.

386.195            Review by Department of application to form charter school for sponsorship by State Board of Education; transmittal of application to Subcommittee on Charter Schools.

386.200            Review of application to form charter school by board of trustees of school district; approval of application by sponsor.

386.201            Review of application to form charter school by college or university within Nevada System of Higher Education; approval of application by sponsor.

386.202            Review of and restrictions on application to form charter school submitted to Subcommittee on Charter Schools after previous denials of application; approval or denial of application by State Board of Education.

386.203            Review of and restrictions on application to form charter school for sponsorship by State Board of Education originally submitted to Subcommittee on Charter Schools; approval or denial of application by State Board.

386.204            Grounds for denial by State Board of Education of application to form charter school for sponsorship by State Board.

386.205            Submission of certificate of occupancy for certain facilities.

386.210            Duty of governing body to provide written notice of changes in facility.

386.215            Provision and maintenance of insurance coverage.

386.220            Written charter: Inclusion of certain agreements; term.

386.223            Advisory committee required to comply with Open Meeting Law.

386.227            Incorporation of governing body or charter school prohibited.

386.230            Failure to become operational charter school; reapplication.

386.240            Issuance of written charter to applicant not prepared to commence operation on date of issuance; expiration, renewal, and contents of charter; submission of supplemental application before expiration.

Amendment, Renewal and Revocation of Charters; Closure

386.300            Application for renewal of written charter: Contents.

386.310            Application for renewal of initial charter: Contents.

386.320            Application for renewal of initial charter: Verification of contents; consideration at public meeting.

386.323            Request for change in sponsorship of charter school.

386.325            Amendment of written charter: Request; authority for approval by staff of sponsor.

386.326            Amendment of written charter: Request to expand instruction to grade levels of pupils other than those for which charter school is currently approved.

386.3265          Amendment of written charter: Request to occupy new or additional facility.

386.327            Revocation of charter of charter school providing education for at-risk pupils.

386.330            Procedure for revocation of written charter.

386.335            Closure: Duties of governing body, sponsor and Department; failure of compliance by licensed teacher who is member of governing body.

Operation and Finances

386.340            Location of facilities.

386.341            Compliance with Occupational Safety and Health Act.

386.342            Equipment and supplies: Removal from premises; disposition upon closure; written inventory.

386.343            Governing body: Interpretation of “parents” for purpose of membership.

386.345            Governing body: Restrictions on membership; responsibilities; submission of certain information to Department and sponsor; approval of minutes of public meetings.

386.350            Governing body: Miscellaneous duties.

386.353            Restrictions on limitation of enrollment of pupils; establishment of waiting list and lottery system for enrollment; application to limit enrollment or for waiver to enroll from waiting list.

386.355            Apportionment from State Distributive School Account: Count day; prerequisite to receive apportionments.

386.357            Apportionment from State Distributive School Account: Submission of enrollment information before payment of first apportionment in first year of operation.

386.360            Maintenance and forwarding of permanent records of pupils; failure of compliance by licensed teacher who is member of governing body.

386.365            Reporting of data required for automated system of accountability information for Nevada.

386.400            Contracts for services: Required provision; submission of certain information by governing body to sponsor and Department.

386.403            Contracts with contractors or educational management organizations: Prohibited provisions.

386.405            Contracts with educational management organizations: Initial term; renewal; prohibited provisions; approval of key personnel by governing body; annual performance review by governing body; submission of written report by educational management organization; effect of reference to a particular educational management organization in written charter.

386.407            Limitations on provision of teachers and other personnel by educational management organization.

386.409            Calculation of ratio for employment of licensed teachers; exception for vocational charter school.

386.410            Performance audits: Report of compliance.

386.412            Eligibility for available money for facilities; waiver of annual performance audits.

386.415            Vocational school: Interpretation of term for certain purposes; requirements for course of study in career and technical education.

Account for Charter Schools

386.420            Definitions.

386.425            “Account” defined.

386.430            “Operational charter school” defined.

386.435            Application for loan from Account; annual determination of balance of money in Account.

386.440            Priority for loans; considerations for approval of loans.

386.445            Repayment of loans.

Charter School Financing Law

386.450            Definitions.

386.452            “Bond financing” defined.

386.454            “Charter school” defined.

386.460            Request for bond financing: Application. [Effective through December 31, 2019.]

386.460            Request for bond financing: Application. [Effective January 1, 2020.]

386.462            Projects: Compliance with certain statutes and regulations.

386.464            Financing agreement.

386.466            Bonds: Adoption of resolution setting forth final terms.

386.468            Bonds: Approval of proposed costs of issuance.

386.470            Bonds: Generally.

386.472            Requests for information.

INTERSCHOLASTIC ACTIVITIES

General Provisions

386.600            Definitions.

386.601            “Affiliate school” defined.

386.602            “All-star team” defined.

386.603            “Association” defined.

386.604            “Board” defined.

386.605            “Commissioner” defined.

386.606            “Complaint” defined.

386.607            “Executive Director” defined.

386.608            “Game, contest or meet” defined.

386.609            “Hardship” defined.

386.610            “Homeschooled child” defined.

386.611            “Legislative Commission” defined.

386.612            “Magnet school” defined.

386.613            “Member school” defined.

386.614            “Non-association official” defined.

386.615            “Participate” defined.

386.616            “Recruit” defined.

386.617            “Sanctioned sport” defined.

386.618            “School” defined.

386.619            “Season” defined.

386.6195          “Spirit squad” defined.

386.620            “Sports official” defined.

386.6203          “Tournament” defined.

386.6207          “Transfer” defined.

386.621            “Unit of credit” defined.

386.622            “Zone of attendance” defined.

Administration

386.625            Association: Membership in National Federation of State High School Associations.

386.626            Association: Purchasing of supplies, equipment and services.

386.627            Association: Establishment of administrative regions; preparation of map of regions.

386.628            Board: Composition; role; nonvoting membership; terms of nonvoting members.

386.629            Board: Voting membership.

386.630            Board: Selection of members; vacancies in membership; terms of voting members.

386.631            Board: President and Vice President.

386.632            Board: Duties.

386.633            Board: Regular and special meetings.

386.634            Meetings of Board: Quorum.

386.635            Meetings of Board: Procedure.

386.636            Meetings of Board: Submission by member school of item for inclusion on agenda.

386.637            Meetings of Board: Submission by member of Board or Legislative Commission of item for inclusion on agenda; consideration of other items.

386.638            Meetings of Association or Board: Rules of conduct; motions.

386.639            Board: Emergency action by telephone.

386.640            Board: Selection of members to attend certain national meetings.

386.641            Legislative Commission: Composition; voting; adoption of policies; meetings.

386.642            Legislative Commission: Restrictions on authority to amend policies.

386.643            Compensation of members or employees of Board or Legislative Commission while engaged in business of Association.

386.644            Executive Director: Employment; duties; bond; annual financial statement.

386.645            Executive Director: General duties.

386.646            Executive Director: Interpretation of policies and regulations of Association; attendance of meetings of Legislative Commission; program to educate general public; newsletter.

386.647            Executive Director: Fiscal duties.

386.648            Executive Director: Duties regarding employees of Association.

386.649            Executive Director: Legislative and other duties.

386.650            Executive Director: Duties regarding play-offs and tournaments; program to encourage awareness and attendance; monitoring of travel.

386.651            Executive Director: Establishment of procedures regarding inventory of tickets for events.

386.652            Membership in Association: Nevada high school or affiliate school.

386.653            Membership in Association: Private high school.

386.654            Membership in Association: Provisional membership.

386.6543          Membership in Association: Application for associate membership.

386.6546          Membership in Association: Associate membership.

386.6549          Membership in Association: Limited membership.

386.655            Membership in Association: Amount and payment of annual dues; imposition and amount of special assessment.

386.656            Membership in Association: Withdrawal and reinstatement.

386.657            Membership in Association: Revocation of membership of affiliate school.

386.658            Principal of member school: Responsibility to Association; delegation of authority; approval of interscholastic activity.

386.659            Principal of member school: Registration of participants in sanctioned sports.

386.660            Principal of member school: Submission of information required to publish directory of schools.

386.661            Member school: Supervision of team or group.

386.662            Administrative organization: Appointment of members; election of officers.

386.663            Administrative organization: Powers and duties.

386.664            Administrative organization: Regular and special meetings.

386.665            Private schools: Selection and duties of liaison for Board; annual meetings.

386.666            Association and member schools: Responsibility for uniformity and coordination of interscholastic activities.

386.667            Classification and alignment of schools: General requirements; effective period; considerations; request for pupil or team to participate in another classification, league or region.

386.668            Classification and alignment of schools: Submission by school of recommendation for alignment.

386.6685          Classification and alignment of schools: Appeal by school.

386.669            Sanctioned sports: Designation; amendment of list; insufficient participation; prohibition.

386.670            Regulations of Association: Submission and notification of proposed amendment.

386.671            Regulations of Association: Amendment by Board; submission of amendment to Legislative Counsel.

Scheduling and Conducting Activities

386.675            Scheduling of events in manner that results in minimum loss of school time.

386.676            Establishment and submission of schedules of events; penalty.

386.677            Postponement of game, contest or meet.

386.678            Cancellation of game, contest or meet; participation in game, contest or meet after withdrawal of school from Association; penalty.

386.679            Competition with certain out-of-state schools prohibited.

386.680            Competition with certain schools prohibited without approval of Executive Director.

386.681            Provision of sufficient physical training and suitable protective clothing to participants.

386.682            Use of equipment provided by private company that sponsors participant.

386.683            Security of field of play; encouragement of sportsmanlike behavior.

386.684            Conduct of participants and spectators: Responsibility of school; authority of sports official.

386.685            Use of cameras and other recording equipment.

386.686            Possession, sale or use of alcoholic beverages prohibited; enforcement.

All-Star Competition

386.690            Participation by team that participates in sanctioned sport prohibited; approval of Board regarding preseason and postseason competition; penalty.

386.691            Approval by Association of competition; imposition of certain restrictions and requirements; submission of injury report and written summary of competition.

386.694            Conditions under which pupil may participate in competition.

Limitations on Participation

386.695            Period of season and first day of practice for sanctioned sport; prohibited and authorized out-of-season activities relating to sanctioned sport.

386.696            Restrictions on participation in out-of-season activities relating to sanctioned sport.

386.697            Participation of pupil as amateur in sanctioned sport.

386.698            Participation by member of team or spirit squad in certain activities other than as such member; establishment of requirements for eligibility of pupil to participate in postseason competition.

386.699            Maximum number of games, contests or meets during seasons for sanctioned sports.

386.700            Forfeiture of game, contest or meet if pupil exceeds maximum allowed for sanctioned sport.

386.701            Treatment of game not completed because of unforeseeable and unavoidable cause.

386.702            Tournaments; wrestling; swimming and diving, substitutions.

386.703            Miscellaneous limitations.

Rules Regarding Specific Sports

386.705            Baseball: Date for beginning practice; end of season.

386.706            Baseball: Interschool scrimmages.

386.707            Baseball: Protest of game.

386.708            Baseball: Replay of suspended game.

386.709            Baseball: Determination of championship team.

386.710            Baseball: Determination of home team and choice of dugout for games of tournament.

386.711            Baseball: Procedure when tournament is cancelled or not completed because of unforeseeable and uncontrollable cause.

386.712            Baseball: Use of coaching boxes and head protection.

386.713            Baseball: Limitations on participation by pitcher; penalty.

386.714            Baseball: Rules of conduct; 10-run rule; period for junior varsity games.

386.715            Basketball: Date for beginning practice; end of season; activities between seasons; interschool scrimmages.

386.716            Basketball: Manual of alignment of schools; determination of championship team.

386.717            Basketball: Jerseys.

386.718            Basketball: Class 1A teams.

386.719            Cross-country: Generally.

386.720            Football: Date for beginning practice; end of season; games.

386.721            Football: Required practice; interschool scrimmages.

386.722            Football: Noncontact practice.

386.723            Football: Manual of alignment of schools; determination of championship team; play-offs; 45-point mercy rule.

386.724            Football: Jerseys.

386.725            Football: Limitations on participation by pupil.

386.726            Football: Provision of adequate facilities for participants in play-off.

386.727            Boys’ golf: Date for beginning practice; end of season; time, date and location of state tournament.

386.728            Boys’ golf: Tournaments.

386.729            Girls’ golf: Date for beginning practice; end of season; time, date and location of state tournament.

386.730            Girls’ golf: Tournaments.

386.731            Soccer: Date for beginning practice; end of season; games.

386.732            Soccer: Required practice; interschool scrimmages.

386.733            Soccer: Manual of alignment of schools; tournaments; determination of championship team.

386.735            Soccer: Availability of persons to provide soccer balls during game.

386.736            Softball: Date for beginning practice; end of season.

386.737            Softball: Interschool scrimmages.

386.738            Softball: Protest of game.

386.739            Softball: Replay of suspended game.

386.740            Softball: Determination of championship team.

386.741            Softball: Determination of home team and choice of dugout for games of tournament.

386.742            Softball: Procedure when tournament is cancelled or not completed because of unforeseeable and uncontrollable cause.

386.743            Softball: Minimum length of official game.

386.744            Softball: Use of coaching boxes.

386.745            Softball: Rules of conduct; 10-run rule; period for junior varsity games.

386.746            Swimming: Generally.

386.747            Tennis: Generally.

386.748            Track and field: Generally.

386.749            Volleyball: Date for beginning practice; end of season; activities between seasons; interschool scrimmages; conduct of games and matches.

386.750            Volleyball: Format of games and matches; winner of match in which junior varsity or freshman team participates.

386.751            Volleyball: Class 1A teams with fewer than 15 members.

386.752            Wrestling: Date for beginning practice; end of season; rules and regulations; headgear.

386.753            Wrestling: Tournaments.

Spirit Squads

386.754            Compliance with Spirit Rules Book and applicable regulations; establishment of requirements for eligibility; sanctioning and nature of activities.

386.7541          Responsibilities of coach; duration of season; tryouts and selection for membership; activities between seasons.

386.7542          Number and membership of squads: Restrictions; authority of coach and school.

386.7543          Separate tryouts for fall and winter seasons; separate squad to perform stunts.

386.7544          Members of squads: Participation in sanctioned sports; participation in activities not sponsored by school.

386.7545          Attendance of and participation in certain competitions and events prohibited unless sanctioned by Association.

386.7546          Conduct of and reference to competitions and events.

386.7547          Application for sanctioning of competition or event: Requirements for submission; action on application; penalty for late submission.

386.7548          Attendance of or participation in competition or event: Ascertainment of sanctioning; penalty if not sanctioned; approval required; position of Association; prohibition; duty of coach.

Championships and Awards

386.755            Determination of championship: Participation by school in only one series of play-off games, tournaments or elimination meets; declaration based on percentage rating for regular season.

386.756            Tournaments: Determination of events for inclusion; location of events within State.

386.757            Tournaments: Conduct at location other than school.

386.758            Tournaments: Representation of participating school by band or other group.

386.759            Tournaments: Manual of formats; establishment and approval of formats.

386.760            Tournaments: Submission by class or league of proposed change in format.

386.761            Tournaments: Establishment of price of admission; disposition of proceeds.

386.762            Tournaments: Retention of proceeds by Association.

386.763            Solicitation of spectator for purpose other than admission or related services.

386.764            Director of regional or state tournament: Appointment; compensation.

386.765            Sports officials for tournaments: Assignment; compensation.

386.766            Prerequisites to scheduling or conducting state tournament for Class 1A or 2A region or regional tournament for Class 1A or 2A league; number of participants required for certain sanctioned sports.

386.767            Prerequisites to scheduling or conducting state tournament for Class 3A or 4A region or regional tournament for Class 3A or 4A league; number of participants required for certain sanctioned sports.

386.768            State tournament: Submission of schedule to member schools.

386.769            State tournament: Procedure when cancelled or not completed because of unforeseeable and unavoidable cause.

386.770            State tournament: Replacement of qualifying participant; notice of intention to use alternate member of team.

386.771            Presumption regarding game, contest or meet for varsity players; determination of standings for play-offs.

386.772            Play-off games: Determinations by Executive Director.

386.773            Awards: Determination of number; awarding of league and regional trophies and medals.

386.774            Awards: Awarding of state trophies and medals; purchase of additional medals.

386.775            Awards: Limitation on retail value.

Eligibility of Pupils and Coaches

386.776            Registration of pupils: Applicability of certain provisions.

386.777            Registration of pupils: Duties of school and pupil; rosters; scheduling of first game, contest or meet of season; penalty.

386.778            Registration of pupils: Adoption by school district of additional requirements for eligibility.

386.779            General requirements for eligibility of pupil; exception.

386.780            Maximum allowable participation by pupil.

386.781            Limitation on and record of age of pupil.

386.782            Residency of pupil: General requirements.

386.783            Residency of pupil: Burden of proof; establishment of new residence; reestablishment of former residence.

386.784            Presumption of ineligibility of pupil who transfers to another school.

386.785            Rebuttal of presumption of ineligibility of pupil who transfers to another school; period of ineligibility of pupil who returns to former residence; deviation from certain provisions.

386.786            Pupil who transfers to another school within same zone of attendance or after change in zone of attendance.

386.787            Pupil who is approved to attend magnet school or vocational or technical school that offers sanctioned sport.

386.788            Pupil who attends magnet school or vocational or technical school that does not offer sanctioned sport.

386.789            Pupil who attends charter school; requirements of charter school relating to eligibility.

386.790            Pupil assigned to option-zoned school; effect of rezoning of boundaries of certain school districts during school year.

386.791            Pupil enrolled in high school located within community college; pupil who attends high school pursuant to certain alternative program.

386.792            Pupil who attends private school that does not offer sanctioned sport.

386.793            Homeschooled children.

386.794            Siblings enrolled in high school and assigned to school pursuant to zoning regulations of school district.

386.795            Foreign exchange students and international students; penalty.

386.796            Practice or participation by pupil in any sanctioned sport for more than one school during season prohibited; waiver of prohibition.

386.797            Reestablishment of eligibility of pupil after transfer.

386.798            Waiver of requirements upon application of pupil transferring to another school.

386.799            Transfer of pupil from school that ceases to offer or does not offer sanctioned sport.

386.800            Academic eligibility: Requirements for pupils; imposition of stricter requirements by school.

386.801            Academic eligibility: Enrollment in ninth grade.

386.802            Academic eligibility: Courses and units of credit.

386.803            Academic eligibility: Adoption of certain alternative requirements by school district; continual review of academic progress.

386.804            Academic eligibility: Passing grades during season; periodic reviews of pupil’s progress.

386.805            Academic eligibility: Minimum grade point average.

386.806            Academic eligibility: Passing grades during season and minimum grade point average.

386.808            Academic eligibility: Change in recorded grade for pupil; completion of extra work to improve pupil’s grade.

386.809            Academic eligibility: Pupil who qualifies for special education services.

386.810            Academic eligibility: Homeschooled children.

386.811            Academic eligibility: Incorrect determination of grade of pupil; date of eligibility of ineligible pupil who is allowed to practice with team.

386.812            Assistance with interpretation of regulations relating to academic eligibility.

386.813            Minimum amount of practice: Pupil.

386.814            Minimum amount of practice: Team.

386.815            Minimum amount of practice: Exceptions to requirements.

386.816            Prohibition of activities on Sunday; exceptions.

386.817            Limitations on participation of pupil during season and school year; transfer of pupil to another sanctioned sport.

386.818            Participation by girl on team for boys and by boy on team for girls.

386.819            Physical examinations: Requirements for pupils; maintenance and review of records; exemption from requirements.

386.820            Pupil injured in sanctioned sport and treated by provider of health care.

386.821            Pupil soliciting or seeking enrollment in return for receiving favorable conditions or treatment.

386.822            Recruiting of pupil to participate in sanctioned sport prohibited; penalties.

386.823            Restrictions on solicitation or encouragement of prospective pupil to enroll in school; prohibited representation of athletic program; duty of coach upon receiving certain notification regarding prospective pupil.

386.824            Restriction on offer or provision of compensation or other inducement to pupil.

386.825            Attempts to circumvent requirements for eligibility of pupil.

386.826            Ineligible pupil: Scope of ineligibility.

386.827            Ineligible pupil: Participation in practice; participation in sanctioned sport.

386.828            Ineligible pupil: Prohibition on participation in game, contest or meet.

386.829            Penalties for participation of ineligible pupil; appeal of forfeiture or loss of position.

386.830            Imposition of penalties after participation of disqualified or ineligible team or pupil pursuant to court order; postponement or cancellation of event.

386.831            Coaches: Accompaniment of team or pupil representing school; effect of ejection from game, contest or meet.

386.832            Coaches: Required certification and courses.

Sportsmanship and Ethics

386.835            Standards of conduct: General requirements; penalties for violation.

386.836            Standards of conduct: Applicability of certain provisions.

386.837            Standards of conduct: Pupils.

386.838            Standards of conduct: Coaches.

386.839            Standards of conduct: Sports officials.

386.840            Standards of conduct: School administrators.

386.841            Standards of conduct: Period of compliance; penalties for violation.

386.842            Reports of violations and of violence against sports official; review of reports and imposition of penalties.

386.843            Ejection of pupil or coach from game, contest or meet.

386.844            Prevention and control of bench-clearing incidents and physical altercations; penalties.

386.845            Defamatory statements to media or through social media prohibited; investigation and imposition of penalty.

386.846            Imposition of penalties: Authority; report.

386.847            Coaches, school administrators and faculty members: Prohibited conduct; duties; reports of violations.

Appeal of Determinations; Enforcement

386.850            Appeal of certain determinations by aggrieved pupil or school; applicability of certain provisions.

386.851            Appeal of certain determinations imposing hardship on pupil.

386.852            Appeals: Pupil who attends school in district of county whose population is 100,000 or more.

386.853            Appeals: Pupil enrolled in private school or school in school district of county whose population is less than 100,000.

386.854            Appeals: Pupil determined to be ineligible to participate in sanctioned sport.

386.855            Appeals: Pupil adversely affected by determination made on appeal of determination of ineligibility.

386.856            Complaints: Preparation and submission; response; action by Executive Director or designee; appeal of decision.

386.857            Investigation of school: Cooperation required; penalty for failure to cooperate.

386.858            Reporting of violations: Duties of principal of school or designee.

386.859            Filing of complaint by person having knowledge of violation.

386.860            Imposition of penalties by Executive Director; certain determinations and penalties not subject to appeal.

386.861            Imposition of additional penalties by Association or Executive Director or during appeal; approval of suspension by Board.

Sports Officials

386.865            Effect and protest of decisions.

386.866            Registration, assignment and use of non-association officials.

Passes

386.870            Issuance by Board of lifetime and courtesy passes.

386.871            Lifetime pass: Prerequisites to issuance; use.

386.872            Courtesy pass: Prerequisites to and restriction on issuance; use; duplicate pass; revocation.

386.873            Courtesy pass: Member of Nevada State Officials’ Association.

386.874            Issuance of pass by league or region; use of pass.

386.875            Issuance of passes by director of tournament.

Broadcasting of Games, Contests, Meets and Tournaments

386.880            Rights reserved by Association; authority of Board.

386.881            Approval required to broadcast by television or radio or over Internet.

386.882            Consideration of requests for permission to broadcast.

386.883            Fees for approving requests to broadcast: Amount; obligations of person paying fee; waiver of fee.

386.884            Approval required for agreement conferring exclusive right to broadcast.

386.885            Issuance of passes to stations that broadcast by radio.

386.886            Issuance of passes to stations that broadcast by television.

 

 

CHARTER SCHOOLS

General Provisions

      NAC 386.010  Definitions. (NRS 386.540)  As used in NAC 386.010 to 386.445, inclusive, unless the context otherwise requires, the words and terms defined in NAC 386.015 to 386.050, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; A by Bd. of Education by R206-01, 4-1-2002; A by Dep’t of Education by R044-05, 10-31-2005; R171-05 & R188-05, 2-23-2006; R207-07, 6-17-2008; R169-07, 9-18-2008; R061-08, 9-18-2008)

      NAC 386.015  “Authorized insurer” defined. (NRS 386.540)  “Authorized insurer” has the meaning ascribed to it in NRS 679A.030.

     (Added to NAC by Dep’t of Education by R044-05, eff. 10-31-2005)

      NAC 386.020  “Charter school” defined. (NRS 386.540)  “Charter school” means a public school that is formed pursuant to NRS 386.500 to 386.610, inclusive, and NAC 386.010 to 386.415, inclusive.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R044-05, 10-31-2005)

      NAC 386.030  “Department” defined. (NRS 386.540)  “Department” means the Department of Education.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98)

      NAC 386.033  “Educational management organization” defined. (NRS 386.540)  “Educational management organization” means a corporation, business, organization or other entity, whether or not conducted for profit, with whom the governing body of a charter school contracts to assist with the operation, management or provision and implementation of educational services and programs of the charter school. The term includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R170-07, 9-18-2008)

      NAC 386.037  “Fiscal year” defined. (NRS 386.540)  “Fiscal year” means the 12-month period beginning on the first day of July and ending on the last day of June.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002)

      NAC 386.040  “Governing body” defined. (NRS 386.540)  “Governing body” means the governing body of a charter school that is established pursuant to NRS 386.549 and NAC 386.345.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002)

      NAC 386.045  “Operational charter school” defined. (NRS 386.540)  “Operational charter school” means a charter school in which pupils are enrolled who are receiving instruction from the charter school.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002)

      NAC 386.050  “Written charter” defined. (NRS 386.540)  “Written charter” means a written charter granted by the board of trustees of a school district, a college or university within the Nevada System of Higher Education or the State Board of Education pursuant to NRS 386.527. The written charter includes both the application to form a charter school approved by the sponsor and a written agreement signed by the sponsor and the charter school.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R169-07, 9-18-2008)

Formation

      NAC 386.090  Committee to form charter school and governing body: Interpretation of statutory qualification for membership. (NRS 386.520, 386.540, 386.549)  As used in subsection 4 of NRS 386.520 and subsection 5 of NRS 386.549, the Department will interpret the term “2 years of experience as an employed teacher” to mean 2 years of experience as an employed teacher in any state in a position for which a teaching license is required.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002)

      NAC 386.100  Administrative head: Selection; qualifications and responsibilities; notification of selection or replacement. (NRS 386.540, 386.590)

     1.  A committee to form a charter school may select a person to function as the administrative head of the proposed charter school. The governing body of a charter school may select a person to function as the administrative head of a charter school.

     2.  A person selected to function as the administrative head of a charter school pursuant to subsection 1:

     (a) Must meet the qualifications set forth in subsection 6 of NRS 386.590; and

     (b) Shall manage the programs and operations of the charter school in accordance with:

          (1) The written charter of the school; and

          (2) All other applicable federal, state and local laws and regulations.

     3.  If an administrative head of a charter school was not identified in the application to form the charter school and the charter school subsequently selects an administrative head, the name, title, address and telephone number of the administrative head must be submitted to the Department and to the sponsor of the charter school not later than 5 business days after the administrative head is selected. If the charter school replaces the administrative head, the name, title, address and telephone number of the new administrative head must be submitted to the Department and to the sponsor of the charter school not later than 30 business days after such replacement.

     4.  A person who has been convicted of a felony or a crime involving moral turpitude may not serve as an administrative head of a charter school.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002)

      NAC 386.110  Appointment of liaison between committee to form charter school and Department. (NRS 386.540)  A committee to form a charter school shall, to enable the Department to deal with a single person as the committee applies to form a charter school, appoint from among its members a person to act as liaison between the committee and the Department.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98)

      NAC 386.120  Sponsorship of charter schools by board of trustees: Application for authorization. (NRS 386.515, 386.540)

     1.  The Department will prescribe forms for the use of the board of trustees of a school district in applying for authorization to sponsor charter schools pursuant to NRS 386.515. The following information must be provided on the application:

     (a) The date on which the board of trustees voted to apply for authorization to sponsor charter schools, as reflected in the minutes of the board.

     (b) The signature of the superintendent of the school district that the board of trustees serves.

     2.  Upon completion of the forms prescribed pursuant to subsection 1, the board of trustees of a school district that applies for authorization to sponsor charter schools pursuant to NRS 386.515 shall forward the application to the Department for approval.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98)

      NAC 386.125  Submission and contents of letter of intent to form charter school. (NRS 386.525, 386.540)

     1.  A committee to form a charter school must submit to the Department a letter of intent to form a charter school. The letter of intent must be submitted in the same fiscal year in which the application to form the charter school is submitted and must be received by the Department no fewer than 15 days before the application is submitted.

     2.  The letter of intent must include:

     (a) The name of the school district in which the proposed charter school will be located;

     (b) Whether the proposed charter school will be dedicated to providing educational programs and opportunities for pupils who are at risk;

     (c) Whether the proposed charter school will operate exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive;

     (d) The date on which the proposed charter school will begin operation; and

     (e) Whether the proposed sponsor is the school district in which the charter school will be located, a college or university within the Nevada System of Higher Education or the State Board of Education. If the proposed sponsor is a school district, a college or a university, as applicable, the application may be submitted to the State Board of Education pursuant to NRS 386.525 only if the application has been denied twice by the school district, the college or the university, as applicable, pursuant to NRS 386.525.

     (Added to NAC by Dep’t of Education by R163-99, eff. 2-2-2000; A by R024-01, 11-1-2001; R193-01, 4-1-2002; R171-05, 2-23-2006; R169-07, 9-18-2008)

      NAC 386.130  Application to form charter school: Forms; restrictions on submission and acceptance. (NRS 386.520, 386.525, 386.540)

     1.  The Department will prescribe forms for the use of a committee to form a charter school in applying to:

     (a) The Department, pursuant to subsection 2 of NRS 386.520;

     (b) The board of trustees of the school district in which the proposed charter school will be located, pursuant to NRS 386.525;

     (c) A college or university within the Nevada System of Higher Education, pursuant to NRS 386.525; and

     (d) The State Board of Education, pursuant to NRS 386.525,

Ê to form a charter school.

     2.  An application to form a charter school must not propose to form a charter school in more than one county. The Department will accept only one application per year from each committee to form a charter school. The State Board of Education, a college or university within the Nevada System of Higher Education and the board of trustees of a school district shall accept only one application per year from each committee to form a charter school. An application that is submitted to:

     (a) The Department, pursuant to subsection 2 of NRS 386.520;

     (b) The board of trustees of the school district in which the proposed charter school will be located, pursuant to NRS 386.525;

     (c) A college or university within the Nevada System of Higher Education, pursuant to NRS 386.525; and

     (d) The State Board of Education, pursuant to NRS 386.525,

Ê must be submitted on forms prescribed pursuant to subsection 1 and must be submitted to the Department not later than 5 p.m. on September 1 of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation and to the proposed sponsor not later than 5 p.m. on December 15 of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation.

     3.  An application to form a charter school may not be submitted earlier than 2 fiscal years immediately preceding the fiscal year in which the proposed charter school will begin operation.

     4.  Pursuant to NRS 386.520 and 386.525, only a committee to form a charter school may submit an application to form a charter school. The Department will not accept an application from a committee whose membership includes a:

     (a) Potential contractor of the proposed charter school;

     (b) Potential lessor of a facility that the proposed charter school may lease; or

     (c) Representative of an educational management organization with which the proposed charter school may contract.

Ê The State Board of Education, a college or university within the Nevada System of Higher Education or the board of trustees of a school district shall not accept an application from a committee to form a charter school whose membership includes a person or entity described in paragraph (a), (b) or (c).

     5.  An application may be submitted only for the kind of school, as defined in NRS 388.020, that will be operated during the first year of operation. If the applicant intends to expand the kind of school for which the charter school is authorized to operate after the first year of operation, the written charter must be amended pursuant to subsection 6 of NRS 386.527.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R060-02, 12-17-2002; R011-03, 10-30-2003; R044-05, 10-31-2005; R169-07, 9-18-2008)

      NAC 386.135  Application to form charter school: Proposed dates of enrollment for first year of operation. (NRS 386.520, 386.540)  For the purposes of paragraph (d) of subsection 2 of NRS 386.520, the proposed dates of enrollment for a charter school for its first year of operation must not be more than 120 days before the date on which the charter school will open.

     (Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010)

      NAC 386.140  Application to form charter school: Inclusion of information regarding facility, personnel and equipment. (NRS 386.520, 386.540)  In addition to the items required pursuant to subsection 2 of NRS 386.520, an application submitted to the Department pursuant to that subsection by a committee to form a charter school must also include certain information regarding the facility, personnel and equipment of the proposed charter school, including, without limitation:

     1.  The name of the proposed charter school.

     2.  If the facility that the charter school will occupy exists at the time of application and is suitable for use by the charter school, but is not owned by the school district in which the charter school will be located:

     (a) The address of the charter school;

     (b) The type of facility that the charter school will occupy;

     (c) A floor plan of the facility that the charter school will occupy, including a notation of the size of the facility which is set forth in square feet;

     (d) The name and address of the owner of the facility that the charter school will occupy;

     (e) If the facility that the charter school will occupy will be leased or rented, a copy of the proposed lease or rental agreement;

     (f) If available at the time that the application is submitted, a copy of the certificate of occupancy for the facility; and

     (g) Documentation which demonstrates that the committee has obtained the insurance required by NAC 386.215 and that the proposed sponsor of the charter school is satisfied with the type and amount of insurance or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 386.550.

     3.  If the facility that the charter school will occupy is, at the time of application, being used as a public school, the name and location of that school and documentation which:

     (a) Sets forth the specific days and times during which the charter school is authorized to use the facility.

     (b) Demonstrates that the committee has obtained the insurance required by NAC 386.215 and that the proposed sponsor of the charter school is satisfied with the type and amount of insurance or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 386.550.

     4.  If the proposed charter school has not obtained a suitable facility, personnel or equipment:

     (a) A statement in writing describing why the proposed charter school has not obtained a suitable facility, personnel or equipment;

     (b) A plan for obtaining a suitable facility, personnel or equipment, including, without limitation, as applicable:

          (1) A statement in writing that explains whether an existing facility will be remodeled or a new facility will be built; and

          (2) A schedule for completing or obtaining a suitable facility, personnel and equipment, including, without limitation, if applicable, a description of and time schedule for any plan to raise funds for completing or obtaining the facility, personnel and equipment;

     (c) The date on which it is anticipated that the charter school will open;

     (d) A description of the equipment that will be used at the charter school, including, without limitation:

          (1) Office furniture and equipment;

          (2) Computer equipment;

          (3) Musical instruments;

          (4) Equipment to be used in a machinery shop; and

          (5) Supplies and other items necessary for the use of equipment described in this paragraph;

     (e) A written estimate, prepared by an authorized insurer, of the cost of obtaining insurance required by NAC 386.215 and documentation which demonstrates that the proposed sponsor of the charter school is satisfied with the type and amount of insurance provided for in the written estimate or other means that will be used to indemnify the sponsor against financial loss pursuant to paragraph (l) of subsection 1 of NRS 386.550; and

     (f) If applicable, evidence in writing that the acceptance of the application by the proposed sponsor of the charter school is necessary to obtain a facility, equipment or personnel.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002; R044-05, 10-31-2005)

      NAC 386.150  Application to form charter school: Inclusion of information regarding educational program. (NRS 386.520, 386.540)  In addition to the items required pursuant to subsection 2 of NRS 386.520, an application submitted to the Department pursuant to that subsection by a committee to form a charter school must also include certain information regarding the educational program of the proposed charter school, including, without limitation:

     1.  The grade level or levels proposed to be taught at the charter school and the anticipated enrollment in each such grade level for the first year of operation.

     2.  A calendar delineating the school year of the charter school. The calendar must set forth:

     (a) The number of days of instruction in each school year, which must be in accordance with the requirements set forth in NRS 388.090;

     (b) The number of legal holidays that will be observed by the charter school and the dates on which those holidays fall;

     (c) The beginning and ending date of each term; and

     (d) Other important dates in the school year of the charter school, including, without limitation, school days in which less than a full day of instruction will be administered.

     3.  A list of any fees, charges and deposits, including, without limitation, fees, charges and deposits for course materials or equipment, that:

     (a) Are typically imposed upon pupils or the parents or guardians of pupils attending public schools which are not charter schools; and

     (b) Are anticipated by the committee to be imposed upon the pupils or the parents or guardians of the pupils of the charter school.

     4.  A description of how progress towards the mission and goals of the charter school, as described in the written description pursuant to paragraph (b) of subsection 2 of NRS 386.520, will be measured.

     5.  A list of courses that will be offered at the charter school, including, without limitation:

     (a) For each course, the name and a description of the course, including, without limitation, the grade level at which the course will be offered; and

     (b) A designation of the courses that a pupil must complete for graduation and for promotion to each grade level.

     6.  A schedule of classes which must meet the requirements for prescribed courses and required courses of study that are set forth in chapter 389 of NRS and chapter 389 of NAC.

     7.  A schedule of examinations of achievement and proficiency that will be administered to pupils at the charter school. The schedule must:

     (a) Be aligned with any schedules of examinations of achievement and proficiency which are published by the Department and the school district in which the charter school is located, if available; and

     (b) Meet the requirements of chapter 389 of NRS and other applicable federal, state and local laws and regulations.

     8.  Information regarding credit for courses completed successfully, including:

     (a) Copies of transcripts and diplomas that the charter school will use to indicate that a pupil has completed course work successfully; and

     (b) The written policy of the charter school concerning the transfer of credit to another comparable school.

     9.  If the charter school will be dedicated to providing educational programs and opportunities for pupils who are at risk, a description of how the charter school will:

     (a) Recruit pupils who are at risk;

     (b) Serve the specific needs of pupils who are at risk; and

     (c) Measure the success of the charter school in providing an education to pupils who are at risk.

     10.  A description of the manner in which the charter school will provide services and programs to pupils with disabilities in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R011-03, 10-30-2003)

      NAC 386.160  Application to form charter school: Inclusion of information regarding committee to form charter school, and governance and staffing. (NRS 386.520, 386.540)  In addition to the items required pursuant to subsection 2 of NRS 386.520, an application submitted to the Department pursuant to that subsection by a committee to form a charter school must also include certain information regarding the committee to form the charter school, and the governance and staffing of the proposed charter school, including, without limitation:

     1.  The names, addresses and qualifications of the members of the committee to form the charter school, including, without limitation:

     (a) The resume of each member.

     (b) The state of residence of each member.

     (c) If a member serves on the committee as a teacher, as that term is defined in subsection 4 of NRS 386.520, a photocopy of his or her license to teach.

     2.  If a member of the committee to form the charter school has an association or affiliation, or had an association or affiliation, with any other charter school in this State or in another state:

     (a) The name of the member;

     (b) The name and location of the charter school with which the member has or had the association or affiliation, including, without limitation, the street address and mailing address of the charter school;

     (c) The dates on which the member was associated or affiliated with the charter school;

     (d) A statement indicating whether the member is presently associated or affiliated with the charter school or has ceased the association or affiliation;

     (e) If the association or affiliation has ceased, a statement indicating the reason for the cessation; and

     (f) A written description of the nature of the association or affiliation.

     3.  If applicable, the name, title, address and telephone number of the person selected to function as the administrative head of the charter school pursuant to NAC 386.100.

     4.  The name, title, address, telephone number and qualifications of the person who is designated to draw all orders for the payment of money belonging to the charter school pursuant to NRS 386.573.

     5.  A description of the process that will be used to:

     (a) Advertise for, select and employ administrators for the charter school; and

     (b) Select new administrators for the charter school in the event of a vacancy in one or more of those positions.

     6.  A description of the process that will be used to advertise for, select and employ instructional staff and other employees.

     7.  If known at the time of application:

     (a) The name, license number and proposed assignment of each licensed staff member; and

     (b) The name, qualifications and proposed assignment of each nonlicensed staff member.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002)

      NAC 386.170  Application to form charter school: Inclusion of information regarding issues of health and safety. (NRS 386.520, 386.540)  In addition to the items required pursuant to subsection 2 of NRS 386.520, an application submitted to the Department pursuant to that subsection by a committee to form a charter school must also include certain information regarding issues of health and safety that affect the proposed charter school, including, without limitation:

     1.  A description of the manner in which pupils will be transported to the proposed charter school, including, without limitation, the details of any contract that the charter school has entered into pursuant to subsection 1 of NRS 386.560 for the transportation of pupils and the details of any plan developed in consultation with the parents and guardians of pupils for the transportation of pupils.

     2.  Descriptions of the manner in which the proposed charter school will:

     (a) Provide health services to pupils, including, without limitation, the details of any contract that the charter school has entered into pursuant to subsection 1 of NRS 386.560 for the provision of health services to pupils; and

     (b) Maintain records related to the immunization of pupils that is required pursuant to NRS 392.435 to ensure that pupils are immunized in a timely manner.

     3.  Unless the facility that the proposed charter school will occupy is a public school, documents which indicate to the satisfaction of the Department that the facility which the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

     4.  Evidence which demonstrates to the satisfaction of the Department that the committee has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970, as amended.

     5.  A description of the procedures that will be used to provide drills for the pupils in the charter school to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000)

      NAC 386.180  Application to form charter school: Inclusion of certain miscellaneous information. (NRS 386.520, 386.540)  In addition to the items required pursuant to subsection 2 of NRS 386.520, an application submitted to the Department pursuant to that subsection by a committee to form a charter school must also include certain miscellaneous information concerning the proposed charter school, including, without limitation:

     1.  A description of the lottery system that the proposed charter school will use pursuant to NRS 386.580 if more eligible pupils apply for enrollment in the charter school than the number of spaces for pupils which are available.

     2.  The name, address, telephone number and, if applicable, the electronic mail address of the person selected to act as liaison pursuant to NAC 386.110.

     3.  Information concerning records of pupils that will be maintained by the proposed charter school in accordance with NAC 386.360, including, without limitation:

     (a) The name and title of the person who will be responsible for:

          (1) Maintaining records of pupils; and

          (2) Providing records of pupils to the school district in which the charter school is located for inclusion in the automated system of accountability information for Nevada that is established and maintained by the Department pursuant to NRS 386.650.

     (b) An example of the manner in which the cumulative record of a pupil is proposed to be stored.

     (c) The proposed location within the charter school in which records of pupils will be stored.

     (d) The name of the person who will be responsible for the records of pupils if the charter school is dissolved or the written charter of the charter school is not renewed.

     (e) The policy of the charter school regarding the retention of the records of pupils.

     4.  A proposed budget that sets forth the estimated revenues and expenditures of the charter school for the first 2 years of operation, including, without limitation, the cost of insurance required by NAC 386.215. In addition, the proposed budget must be accompanied by a statement of cash flow and a budget for the period before the charter school commences operation.

     5.  A list of rules setting forth the policies of the charter school regarding truancy and other situations in which a pupil is absent from school.

     6.  If the committee to form the charter school or the proposed charter school intends to contract or is considering contracting with an educational management organization to provide service to the charter school:

     (a) The name of the educational management organization;

     (b) A copy of the contract that will be used for the educational management organization, if a particular format is anticipated at the time the application is submitted;

     (c) The name of a contact person for the educational management organization;

     (d) The telephone number and mailing address of the educational management organization; and

     (e) A description of the service to be provided by the educational management organization.

     7.  If the proposed charter school intends to limit the enrollment of pupils pursuant to NAC 386.353, the maximum number of pupils that the charter school will enroll.

     8.  If the application was prepared by a person who is not a member of the committee to form the charter school or by another entity, including, without limitation, an educational management organization, or if such a person or entity assisted the committee in preparing the application:

     (a) The name of the person or entity;

     (b) The name and location of any public school, private school or charter school with which the person or entity has been or is presently affiliated, including, without limitation, the street address and mailing address of that school;

     (c) The dates on which the person or entity was affiliated with a school described in paragraph (b), if any such affiliation occurred;

     (d) A statement indicating whether the person or entity is presently affiliated with a school described in paragraph (b) or has ceased the affiliation;

     (e) If the affiliation has ceased, a statement indicating the reason for the cessation; and

     (f) A detailed resume listing the qualifications of the person or entity.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R193-01, 4-1-2002; R011-03, 10-30-2003; R078-03, 1-23-2004; R044-05, 10-31-2005; R169-07, 9-18-2008; R071-10, 10-15-2010)

      NAC 386.190  Review by Department of application to form charter school for sponsorship by board of trustees of school district or college or university within Nevada System of Higher Education. (NRS 386.520, 386.540)  If the Department reviews an application to form a charter school for sponsorship by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to determine whether the application is complete pursuant to subsection 3 of NRS 386.520, the Department will provide written notice to the applicant of its determination as to whether the application is complete within 30 days after receipt of the application.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R024-01, 11-1-2001; R169-07, 9-18-2008)

      NAC 386.195  Review by Department of application to form charter school for sponsorship by State Board of Education; transmittal of application to Subcommittee on Charter Schools. (NRS 386.520, 386.540)

     1.  If an application to form a charter school is submitted to the Department pursuant to NRS 386.520 for sponsorship by the State Board of Education, the Department will determine whether the application:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

     (b) Is complete in accordance with the regulations of the Department.

     2.  Within 30 days after receipt of the application, the Department will provide written notice to the applicant of its findings pursuant to subsection 1, including any items that are incomplete or noncompliant. Written notice informing the applicant that the application is incomplete or noncompliant shall be deemed denial of the application for purposes of subsection 3 of NRS 386.520.

     3.  If the Department denies an application, the application may be resubmitted within 30 days after receipt of the written notice of denial for review pursuant to this section. An application may be resubmitted pursuant to this subsection not more than once in a fiscal year.

     4.  An application that is approved pursuant to this section by 5 p.m. on December 15 of the fiscal year immediately preceding the fiscal year in which the proposed charter school will begin operation may be transmitted to the Subcommittee on Charter Schools for review pursuant to NRS 386.525 and NAC 386.203.

     (Added to NAC by Dep’t of Education by R169-07, eff. 9-18-2008)

      NAC 386.200  Review of application to form charter school by board of trustees of school district; approval of application by sponsor. (NRS 386.525, 386.540)

     1.  If the board of trustees of a school district reviews an application to form a charter school pursuant to subsection 1 of NRS 386.525, the president of the board of trustees shall:

     (a) Within 5 days after receipt of the application, designate one or more employees of the school district to verify the contents of the application by:

          (1) Performing a physical inspection of the location of the proposed charter school;

          (2) Interviewing the members of the committee to form the charter school and, where appropriate, the proposed administrators and staff members of the proposed charter school; and

          (3) Performing any other investigation necessary or useful in verifying the contents of the application.

     (b) At the meeting described in subsection 1 of NRS 386.525, consider the application along with any reports generated by the employees of the school district pursuant to paragraph (a) and determine whether the application complies with all applicable state and federal statutes and regulations.

     (c) Within 5 working days after the meeting described in subsection 1 of NRS 386.525, provide written notice to the applicant of the determinations of the board of trustees with regard to:

          (1) The completeness of the application; and

          (2) The application’s compliance with applicable state and federal statutes and regulations.

     (d) If the board of trustees denies the application, forward a copy of the written notice of the denial, including, without limitation, the reasons for the denial, to the Department within 5 days after the decision to deny the application is made.

     2.  If an application to form a charter school is approved by the sponsor, the:

     (a) Written charter must include the application, as approved by the sponsor, and a written agreement signed by the sponsor and the charter school.

     (b) Written notice provided to the Department pursuant to NRS 386.527 indicating approval of the application must include the written charter.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R045-98, 5-29-98; R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R078-03, 1-23-2004)

      NAC 386.201  Review of application to form charter school by college or university within Nevada System of Higher Education; approval of application by sponsor. (NRS 386.525, 386.540)

     1.  If a college or university within the Nevada System of Higher Education reviews an application to form a charter school pursuant to subsection 1 of NRS 386.525, the president of the college or university shall:

     (a) Within 5 days after receipt of the application, designate one or more employees of the college or university to verify the contents of the application by:

          (1) Performing a physical inspection of the location of the proposed charter school;

          (2) Interviewing the members of the committee to form the charter school and, when appropriate, the proposed administrators and staff members of the proposed charter school; and

          (3) Performing any other investigation necessary or useful in verifying the contents of the application.

     (b) At the meeting described in subsection 1 of NRS 386.525, consider the application along with any reports generated by the employees of the college or university pursuant to paragraph (a) and determine whether the application complies with all applicable state and federal statutes and regulations.

     (c) Within 5 working days after the meeting described in subsection 1 of NRS 386.525, provide written notice to the applicant of the determinations of the college or university with regard to:

          (1) The completeness of the application; and

          (2) The application’s compliance with applicable state and federal statutes and regulations.

     (d) If the college or university denies the application, forward a copy of the written notice of the denial, including, without limitation, the reasons for the denial, to the Department within 5 days after the decision to deny the application is made.

     2.  If an application to form a charter school is approved by the sponsor, the:

     (a) Written charter must include the application, as approved by the sponsor, and a written agreement signed by the college or university and the charter school.

     (b) Written notice provided to the Department pursuant to NRS 386.527 indicating approval of the application must include the written charter.

     (Added to NAC by Dep’t of Education by R207-07, eff. 6-17-2008)

      NAC 386.202  Review of and restrictions on application to form charter school submitted to Subcommittee on Charter Schools after previous denials of application; approval or denial of application by State Board of Education. (NRS 386.525, 386.527, 386.540)

     1.  If the Subcommittee on Charter Schools receives an application to form a charter school pursuant to subsection 4 of NRS 386.525 after the application has been denied twice by the board of trustees of a school district or a college or university within the Nevada System of Higher Education:

     (a) The staff of the Department, acting on behalf of the State Board of Education, shall verify the contents of the application by:

          (1) Performing a physical inspection of the location of the proposed charter school, if applicable;

          (2) Consulting with the members of the committee to form the charter school and, when appropriate, the proposed administrators and staff members of the proposed charter school; and

          (3) Performing any other investigation necessary or useful in verifying the contents of the application.

     (b) The application that is submitted to the State Board of Education must be the same application that was denied by the board of trustees, the college or the university, as applicable, except that it may be revised in response to concerns stated by the board of trustees, the college or the university, as applicable, in its second denial of the application if such a revision does not significantly alter the application.

     2.  Within 20 days after an application is received by the Subcommittee on Charter Schools, the Department will review the application and determine whether the application:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

     (b) Is complete in accordance with the regulations of the Department.

     3.  Within 30 days after an application is received by the Subcommittee on Charter Schools, the Department will provide to the applicant its findings pursuant to subsection 2, including the items that are incomplete or noncompliant. The Department may hold a meeting with the applicant or provide the information required by this subsection in another format suitable to the applicant.

     4.  Within 30 days after an application is received by the Subcommittee on Charter Schools, the Department will provide to the State Board of Education:

     (a) The findings of the Department pursuant to subsection 2;

     (b) The reasons for the first and second denial of the application by the board of trustees of a school district or a college or university within the Nevada System of Higher Education;

     (c) A copy of the proposed written agreement if the State Board approves the application pursuant to subsection 5 of NRS 386.527 or a copy of the proposed written agreement if the State Board approves the application pursuant to subsection 7 of NRS 386.527; and

     (d) Any other information the Department determines is necessary for the State Board in its review of the application.

     5.  Other than material required to convert a written charter issued by the State Board of Education pursuant to subsection 7 of NRS 386.527 to a written charter issued pursuant to subsection 5 of NRS 386.527, no additional application material will be accepted from the applicant after the submission referred to in subsection 1 unless specifically requested by the State Board, the Subcommittee on Charter Schools or the Department to assist in the review of the application.

     6.  At the meeting described in subsection 5 or 6 of NRS 386.525, as applicable, the Subcommittee on Charter Schools or the State Board of Education, as applicable, shall:

     (a) Consider the application in accordance with NAC 386.204 along with any reports generated by the employees of the Department and, if the application was previously denied by:

          (1) The board of trustees of a school district, any reports generated by the employees of that school district pursuant to NAC 386.200; or

          (2) A college or university within the Nevada System of Higher Education, any reports generated by the employees of that institution; and

     (b) Determine whether the application complies with all applicable state and federal statutes and regulations.

     7.  After the Subcommittee on Charter Schools holds a meeting pursuant to subsection 5 of NRS 386.525, the Subcommittee shall immediately transmit to the State Board of Education a recommendation for approval or denial of the application by the State Board. The Subcommittee shall not delay in the transmission of its recommendation.

     8.  The State Board of Education shall comply with the provisions of NAC 386.204 or 386.403 to determine whether to deny an application for a written charter.

     9.  A written charter may be granted pursuant to subsection 7 of NRS 386.527 if the applicant is not prepared to commence operation. If such a charter is granted, the provisions of NAC 386.240 apply.

     10.  If the State Board of Education denies an application, it shall forward a copy of the written notice of the denial, including, without limitation, the reasons for the denial, to the Department within 5 days after the decision to deny the application is made.

     11.  If the State Board of Education approves an application, the:

     (a) Written charter must include the application, as approved, and a written agreement signed by the President of the State Board and the charter school.

     (b) Written notice provided to the Department pursuant to NRS 386.527 indicating approval of the application must include the written charter.

     (Added to NAC by Dep’t of Education by R078-03, 1-23-2004; A by R044-05, 10-31-2005; R171-05, 2-23-2006; R169-07, 9-18-2008; R061-08, 9-18-2008)

      NAC 386.203  Review of and restrictions on application to form charter school for sponsorship by State Board of Education originally submitted to Subcommittee on Charter Schools; approval or denial of application by State Board. (NRS 386.525, 386.527, 386.540)

     1.  If the Subcommittee on Charter Schools receives an application pursuant to NRS 386.525 to form a charter school for sponsorship by the State Board of Education and the application has not previously been denied by the board of trustees of a school district or a college or university within the Nevada System of Higher Education, the staff of the Department, acting on behalf of the State Board, shall verify the contents of the application by:

     (a) Performing a physical inspection of the location of the proposed charter school, if applicable;

     (b) Consulting with the members of the committee to form the charter school and, when appropriate, the proposed administrators and staff members of the proposed charter school; and

     (c) Performing any other investigation necessary or useful in verifying the contents of the application.

     2.  Other than material required to convert a written charter issued by the State Board of Education pursuant to subsection 7 of NRS 386.527 to a written charter issued pursuant to subsection 5 of NRS 386.527, no additional application material will be accepted from the applicant after the submission of the application unless specifically requested by the State Board, the Subcommittee on Charter Schools or the Department to assist in the review of the application.

     3.  Within 30 days after an application is received by the Subcommittee on Charter Schools, the Department will provide to the State Board of Education:

     (a) A copy of the proposed written agreement if the State Board approves the application pursuant to subsection 5 of NRS 386.527 or a copy of the proposed written agreement if the State Board approves the application pursuant to subsection 7 of NRS 386.527; and

     (b) Any other information the Department determines is necessary for the State Board in its review of the application.

     4.  At the meeting described in subsection 5 or 6 of NRS 386.525, as applicable, the Subcommittee on Charter Schools or the State Board of Education, as applicable, shall:

     (a) Consider the application along with any reports generated by the employees of the Department; and

     (b) Determine whether the application complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools.

     5.  After the Subcommittee on Charter Schools holds a meeting pursuant to subsection 5 of NRS 386.525, the Subcommittee shall immediately transmit to the State Board of Education a recommendation for approval or denial of the application by the State Board. The Subcommittee shall not delay in the transmission of its recommendation.

     6.  A written charter may be granted pursuant to subsection 7 of NRS 386.527 if the applicant is not prepared to commence operation. If such a charter is granted, the provisions of NAC 386.240 apply.

     7.  If the State Board of Education denies an application, it shall forward a copy of the written notice of the denial, including, without limitation, the reasons for the denial, to the Department within 5 days after the decision to deny the application is made.

     8.  If the State Board of Education approves an application, the:

     (a) Written charter must include the application, as approved, and a written agreement signed by the President of the State Board and the charter school.

     (b) Written notice provided to the Department pursuant to NRS 386.527 indicating approval of the application must include the written charter.

     (Added to NAC by Dep’t of Education by R169-07, eff. 9-18-2008)

      NAC 386.204  Grounds for denial by State Board of Education of application to form charter school for sponsorship by State Board. (NRS 386.525, 386.527, 386.540)

     1.  If the State Board of Education receives an application to form a charter school for sponsorship by the State Board, the State Board shall not approve the application:

     (a) For a written charter pursuant to subsection 5 of NRS 386.527 if the application does not satisfy the requirements of paragraphs (a) and (b) of subsection 1 of NRS 386.525; or

     (b) If the financial or administrative operation of the proposed charter school does not meet or exceed the minimum standards, procedures and requirements of the State.

     2.  If the State Board of Education receives an application to form a charter school for sponsorship by the State Board, the State Board may deny the application pursuant to this section.

     3.  The State Board of Education may deny an application if the State Board determines that the curriculum or instruction proposed for the charter school, including, without limitation, a program of distance education approved pursuant to NRS 388.820 to 388.874, inclusive, is not:

     (a) Aligned with the standards of content and performance established pursuant to NRS 389.520;

     (b) Aligned with the written description of the mission and goals for the proposed charter school as included in the application pursuant to NRS 386.520; or

     (c) Supported by sound evidence, as provided by the applicant, which demonstrates the effectiveness of the curriculum or instruction.

     4.  The State Board of Education may deny an application if the State Board determines that:

     (a) Expenditures or flat fees included in the budget of the proposed charter school or in the proposed operating agreement with a contractor or an educational management organization are not consistent with the cost for similar services as those services are otherwise available to a public school;

     (b) The budget of the proposed charter school is not balanced or relies unduly on grants or donations;

     (c) The budget of the proposed charter school is based on an unrealistic enrollment projection;

     (d) The budget of the proposed charter school does not adequately anticipate the requirements for and expenses of pupils with disabilities who may enroll in a program of special education at the proposed charter school; or

     (e) The budget of the proposed charter school is not aligned with the written description of the mission and goals for the proposed charter school as included in the application pursuant to NRS 386.520.

     5.  The State Board of Education may deny an application if the State Board determines that a contractor or educational management organization with whom the committee to form the charter school or the governing body of the proposed charter school intends to contract has knowingly violated a material term or condition of a contract with a public school in the past.

     6.  The State Board of Education may deny an application if the State Board determines that a contract or a proposed contract between the proposed charter school and a contractor or an educational management organization contains a provision which is prohibited by NAC 386.403.

     (Added to NAC by Dep’t of Education by R061-08, eff. 9-18-2008)

REVISER’S NOTE.

      The regulation of the Department of Education filed with the Secretary of State on September 18, 2008 (LCB File No. R061-08), the source of this section, contains the following provisions not included in NAC:

      “1.  A charter school that is sponsored by the State Board of Education which is in operation on September 18, 2008, may continue to operate pursuant to its current written charter until the expiration of that written charter even if the charter school does not satisfy the requirements of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].

      2.  An application to form a charter school for sponsorship by the State Board of Education or to renew a written charter that is sponsored by the State Board which is submitted after September 18, 2008, must comply with the provisions of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].”

 

      NAC 386.205  Submission of certificate of occupancy for certain facilities. (NRS 386.540)

     1.  If a charter school occupies a facility that is not being used as a public school by the school district in which the charter school is located, the charter school shall submit to the Department and to the sponsor of the charter school a copy of the certificate of occupancy for the facility occupied by the charter school if a copy of the certificate of occupancy was not included in the application to form the charter school. A copy of the certificate of occupancy must be submitted to the sponsor of a charter school before a written charter is issued to the charter school pursuant to subsection 5 of NRS 386.527.

     2.  The provisions of this section apply regardless of whether the sponsor of the charter school determines that the facility the charter school occupies is acceptable for use as a charter school.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R044-05, 10-31-2005)

      NAC 386.210  Duty of governing body to provide written notice of changes in facility. (NRS 386.540)  Within 5 days after any change for which notice is required pursuant to this section, the governing body of a charter school shall provide written notice to the sponsor of the charter school and the Department of any changes in the facility of the charter school, including, without limitation, any change in the location of the charter school.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002)

      NAC 386.215  Provision and maintenance of insurance coverage. (NRS 385.080, 386.540)

     1.  Except as otherwise provided in subsection 4 of NAC 386.140, a committee to form a charter school shall obtain insurance from an authorized insurer as follows:

     (a) Industrial insurance coverage in accordance with the applicable provisions of the Nevada Industrial Insurance Act, chapters 616A to 616D, inclusive, of NRS.

     (b) Except as otherwise provided in subsection 2, general liability insurance with a minimum coverage of $1,000,000. The general liability insurance policy must include coverage for molestation and sexual abuse, and have a broad form policy, with the named insureds as follows:

          (1) The sponsor of the charter school;

          (2) All employees of the charter school, including, without limitation, former, present and future employees;

          (3) Volunteers at the charter school; and

          (4) Directors of the charter school, including, without limitation, executive directors.

     (c) Umbrella liability insurance with a minimum coverage of $3,000,000.

     (d) Educators’ legal liability insurance with a minimum coverage of $1,000,000.

     (e) Employment practices liability insurance with a minimum coverage of $1,000,000.

     (f) Employment benefits liability insurance with a minimum coverage of $1,000,000.

     (g) Insurance covering errors and omissions of the sponsor and governing body of the charter school with a minimum coverage of $1,000,000.

     (h) If applicable, motor vehicle liability insurance with a minimum coverage of $1,000,000.

     (i) If applicable, liability insurance for sports and athletic participation with a minimum coverage of $1,000,000.

Ê The cost of insurance required by this subsection must be provided to the proposed sponsor by the authorized insurer and included in each budget submitted pursuant to subsection 4 of NAC 386.180 and NAC 387.725.

     2.  The sponsor of a charter school may waive all or part of the general liability insurance required pursuant to paragraph (b) of subsection 1 if the sponsor determines that such a waiver is reasonable based upon the risk profile of the charter school or the conditions of the insurance market, or both, including, without limitation, a determination that the cost of obtaining the insurance is excessive or that the insurance is not available because of special circumstances of the charter school.

     3.  If an application to form a charter school is approved, the governing body of the charter school shall maintain the insurance required by this section.

     4.  As used in this section, “motor vehicle” has the meaning ascribed to it in NRS 485.050.

     (Added to NAC by Dep’t of Education by R044-05, eff. 10-31-2005; A by R074-07, 10-31-2007; A by Bd. of Education by R026-09, 10-27-2009)

      NAC 386.220  Written charter: Inclusion of certain agreements; term. (NRS 386.527, 386.540)

     1.  In addition to the information required pursuant to NRS 386.527, a written charter must include a description of any other agreements entered into between the sponsor of the charter school and the charter school. The sponsor of a charter school shall amend the written charter, if necessary, to reflect any such agreements entered into after the written charter is issued.

     2.  The 6-year term for which the written charter of a charter school is valid, unless the initial written charter of the charter school was renewed after 3 years of operation pursuant to subsection 2 of NRS 386.530, begins on the date on which the State Board of Education, the board of trustees or a college or university within the Nevada System of Higher Education approves the application to form the charter school pursuant to subsection 1 of NRS 386.527.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R024-01, 11-1-2001; R193-01, 4-1-2002; R171-05, 2-23-2006; R169-07, 9-18-2008)

      NAC 386.223  Advisory committee required to comply with Open Meeting Law. (NRS 386.540)  If the governing body of a charter school establishes an advisory committee, the advisory committee shall comply with the provisions of chapter 241 of NRS.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002)

      NAC 386.227  Incorporation of governing body or charter school prohibited. (NRS 386.540)  Neither the governing body of a charter school nor a charter school may be incorporated.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002)

      NAC 386.230  Failure to become operational charter school; reapplication. (NRS 386.540)

     1.  If a charter school fails to become an operational charter school by June 30 of the year immediately following the year in which the term of the written charter of the charter school begins, the charter school shall provide to the sponsor of the charter school:

     (a) Notice of the failure to become an operational charter school; and

     (b) A statement of intent that sets forth whether:

          (1) The charter school will become an operational charter school and, if so, on what date; or

          (2) The charter school will not become an operational charter school.

     2.  If a charter school to which subsection 1 applies states that it intends to become an operational charter school on a future date, the committee to form the charter school must reapply to the Department and the sponsor in accordance with NRS 386.520 and 386.525 and NAC 386.130 to 386.180, inclusive.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002)

      NAC 386.240  Issuance of written charter to applicant not prepared to commence operation on date of issuance; expiration, renewal, and contents of charter; submission of supplemental application before expiration. (NRS 386.527, 386.540)

     1.  The board of trustees of a school district, a college or university within the Nevada System of Higher Education or the State Board of Education may issue a written charter pursuant to subsection 7 of NRS 386.527 if the board of trustees, the college or university or the State Board, as applicable, determines that the applicant is not prepared to commence operation on the date of issuance of the written charter. A written charter issued pursuant to subsection 7 of NRS 386.527 expires on June 30 of the second fiscal year after the date of issuance and may be renewed for not more than 1 fiscal year upon showing of good cause to the sponsor. If a written charter is issued pursuant to subsection 7 of NRS 386.527, a governing body must be selected and the provisions of NRS 386.549 and NAC 386.345 apply to the governing body.

     2.  A written charter issued pursuant to subsection 7 of NRS 386.527 must include:

     (a) A notation indicating the date on which the charter expires and indicating that the charter may be renewed for not more than 1 fiscal year;

     (b) Each reason why the charter school is not prepared to commence operation on the date of issuance of the charter;

     (c) The conditions that the governing body of the charter school must satisfy to convert the written charter issued pursuant to subsection 7 of NRS 386.527 to a written charter issued pursuant to subsection 5 of NRS 386.527;

     (d) The tasks that must be accomplished by the governing body of the charter school before it may submit a supplemental application to convert the written charter issued pursuant to subsection 7 of NRS 386.527 to a written charter issued pursuant to subsection 5 of NRS 386.527, including, without limitation, the timeline by which those tasks must be accomplished; and

     (e) A statement by the governing body of the charter school indicating that it understands that:

          (1) To receive apportionments from the State Distributive School Account, the charter school must comply with NAC 386.355;

          (2) The governing body shall not authorize the attendance of pupils at the charter school unless the charter school has obtained a written charter issued pursuant to subsection 5 of NRS 386.527; and

          (3) The governing body must obtain the insurance required by NAC 386.215 before commencing operation as a charter school.

     3.  Before the expiration of a written charter issued pursuant to subsection 7 of NRS 386.527, the holder of the charter may submit a supplemental application to the sponsor requesting that the sponsor determine whether the charter school is eligible for a written charter issued pursuant to subsection 5 of NRS 386.527. The supplemental application must be submitted not less than 30 days before the expiration of the written charter issued pursuant to subsection 7 of NRS 386.527.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R011-03, 10-30-2003; A by Bd. of Education by R063-03, 10-30-2003; A by Dep’t of Education by R044-05, 10-31-2005; R169-07, 9-18-2008; A by Bd. of Education by R025-09, 10-27-2009)

Amendment, Renewal and Revocation of Charters; Closure

      NAC 386.300  Application for renewal of written charter: Contents. (NRS 386.530, 386.540)  If a charter school submits an application for renewal of its written charter pursuant to subsection 1 of NRS 386.530, the application must include:

     1.  Any changes in any of the items listed in the initial application to form the charter school;

     2.  A profile of the achievement of the pupils enrolled in the charter school during the preceding 6 years, as reflected in proficiency examinations and other means of assessment and evaluation;

     3.  A report on the progress of the charter school toward meeting its mission, goals and objectives;

     4.  A report on the effectiveness of the collaboration between licensed and nonlicensed staff members in the instructional program of the charter school;

     5.  If applicable, a report on the number of pupils who have graduated from grade 12 at the charter school and the plans of those pupils for careers or continuing education;

     6.  A report on the effectiveness of the educational program of the charter school, including, without limitation, the effectiveness of any programs designed to assist pupils who meet the criteria of being “at risk” as set forth in NRS 386.500;

     7.  A summary that outlines the plans of the charter school for the next 3 years;

     8.  A report on the charter school’s standards of accounting and financial management, including, without limitation, whether those standards comply with generally accepted accounting principles; and

     9.  Any other information the charter school wishes to submit in support of its application for renewal.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98)

      NAC 386.310  Application for renewal of initial charter: Contents. (NRS 386.530, 386.540)  If a charter school submits an application for renewal of its written charter pursuant to subsection 2 of NRS 386.530, the application must include:

     1.  Any changes in any of the items listed in the initial application to form the charter school;

     2.  A profile of the achievement of the pupils enrolled in the charter school during the preceding 3 years, as reflected in proficiency examinations and other means of assessment and evaluation;

     3.  A report on the progress of the charter school toward meeting its mission, goals and objectives;

     4.  A report on the effectiveness of the collaboration between licensed and nonlicensed staff members in the instructional program of the charter school;

     5.  If applicable, a report on the number of pupils who have graduated from grade 12 at the charter school and the plans of those pupils for careers or continuing education;

     6.  A report on the effectiveness of the educational program of the charter school, including, without limitation, the effectiveness of any programs designed to assist pupils who meet the criteria of being “at risk” as set forth in NRS 386.500;

     7.  A summary that outlines the plans of the charter school for the next 3 years;

     8.  A report on the amount of money that the charter school has, on average, expended on each pupil during the preceding 3 years; and

     9.  Any other information the charter school wishes to submit in support of its application for renewal.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98)

      NAC 386.320  Application for renewal of initial charter: Verification of contents; consideration at public meeting. (NRS 386.530, 386.540)  If the sponsor of a charter school receives an application pursuant to subsection 2 of NRS 386.530 for renewal of the initial written charter of the charter school, the sponsor shall:

     1.  Within 30 days after receipt of the application, designate one or more employees of the school district, the college or the university, as applicable, or, if the State Board of Education is the sponsor, one or more employees of the Department, to verify the contents of the application by:

     (a) Performing a physical inspection of the location of the charter school; and

     (b) Interviewing the members of the governing body of the charter school and, when appropriate, the administrators and staff members of the charter school.

     2.  Within 90 days after receipt of the application, consider the application along with any reports generated by the employees of the school district, the college or the university or the Department, as applicable, pursuant to subsection 1 at a public meeting for which notice has been provided pursuant to chapter 241 of NRS.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; R169-07, 9-18-2008; R071-10, 10-15-2010)

      NAC 386.323  Request for change in sponsorship of charter school. (NRS 385.080, 386.527)

     1.  Except as otherwise provided in subsection 2, the governing body of a charter school may request a change in the sponsorship of the charter school pursuant to NRS 386.527.

     2.  A request for a change in sponsorship may not be made if:

     (a) The proposed sponsor is a school district other than the school district in which the charter school is located.

     (b) The proposed sponsor is the State Board and the charter school will use facilities in more than one county.

     3.  A written request for a change in sponsorship must be submitted to the proposed sponsor and must include:

     (a) A copy of the most recently approved application to form a charter school; and

     (b) A copy of the written agreement with the current sponsor.

     4.  A request for a change in sponsorship must be considered by the proposed sponsor at a public meeting not later than 60 days after receipt of the request.

     5.  A proposed sponsor may approve a request for a change in sponsorship if:

     (a) The school is in sound financial condition as determined by the most recent annual audit required by NAC 387.775;

     (b) The school is on the list of schools that are designated as demonstrating exemplary achievement, demonstrating high achievement or demonstrating adequate achievement, which is maintained by the Department, on the date on which the request is submitted through the period when the request is considered by the proposed sponsor at a public meeting;

     (c) The school’s most recent report of compliance required by NAC 386.410 does not indicate a noncompliant item; and

     (d) The school agrees to sign a new written agreement with the new sponsor. The written agreement may differ from the written agreement which the charter school signed with the current sponsor.

     6.  At the time a request for a change in sponsorship is submitted to the proposed sponsor, the governing body of a charter school shall submit a copy of the request to the current sponsor of the charter school.

     (Added to NAC by Bd. of Education by R188-05, eff. 2-23-2006; A by R135-07, 4-17-2008; R026-09, 10-27-2009)

      NAC 386.325  Amendment of written charter: Request; authority for approval by staff of sponsor. (NRS 386.520, 386.540)  Except as otherwise provided in NAC 386.326 and 386.3265, if the governing body of a charter school requests an amendment to its written charter pursuant to NRS 386.527, the sponsor of the charter school may authorize its staff to approve the amendment to the charter as the sponsor deems appropriate.

     (Added to NAC by Dep’t of Education by R171-05, eff. 2-23-2006; A by R071-10, 10-15-2010)

      NAC 386.326  Amendment of written charter: Request to expand instruction to grade levels of pupils other than those for which charter school is currently approved. (NRS 386.527, 386.540)

     1.  If the governing body of a charter school wishes to amend its written charter pursuant to NRS 386.527 to expand the instruction and other educational services provided by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently approved for enrollment in the charter school and the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit to the sponsor of the charter school a written request for such an amendment to the written charter not later than 90 days before the date on which the governing body proposes to operate the expanded grade levels.

     2.  The written request must include, without limitation:

     (a) Each grade level for which the charter school is requesting the amendment and the anticipated enrollment in each grade level for the first year during which the grade level is to be operated.

     (b) The proposed curriculum for each grade level for which the charter school is requesting the amendment.

     (c) A list of the courses that will be offered at the charter school, including, without limitation:

          (1) For each course, the name and a description of the course, including, without limitation, the grade level at which the course will be offered; and

          (2) A designation of the courses that a pupil must complete for promotion to each grade level and, if applicable, graduation.

     (d) A schedule of classes to be offered which must meet the requirements for prescribed courses and required courses of study as set forth in chapter 389 of NRS and chapter 389 of NAC.

     (e) A schedule of examinations of achievement and proficiency that will be administered to pupils at the charter school. The schedule must:

          (1) Be aligned with any schedules of examinations of achievement and proficiency which are published by the Department and the school district in which the charter school is located, if available; and

          (2) Meet the requirements of chapter 389 of NRS and other applicable federal, state and local laws and regulations.

     (f) The qualifications of each person who will provide instruction in each grade level.

     (g) A list of textbooks that will be used for the courses described in paragraph (c).

     (h) A proposed budget that sets forth the estimated revenues and expenditures of the charter school for the first year in which the charter school enrolls pupils in the expanded grade levels.

     3.  The sponsor of the charter school shall review the written request submitted pursuant to subsection 1 to determine if the written request:

     (a) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

     (b) Is complete in accordance with regulations of the Department.

     4.  Within 30 days after receipt of the written request submitted pursuant to subsection 1, the sponsor of the charter school shall provide written notice to the governing body of the charter school of its findings pursuant to subsection 3, including any items that are incomplete or noncompliant. Written notice informing the governing body of a charter school that the written request is incomplete or noncompliant shall be deemed denial of the written request.

     5.  If the sponsor of the charter school denies a written request submitted pursuant to subsection 1, the governing body of the charter school may correct any deficiencies and resubmit the written request within 30 days after receipt of the written notice of denial for review pursuant to subsection 4.

     6.  If the sponsor of the charter school finds pursuant to subsection 3 that the written request is compliant and complete, the sponsor may approve the request.

     (Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010)

      NAC 386.3265  Amendment of written charter: Request to occupy new or additional facility. (NRS 386.527, 386.540)

     1.  If the governing body of a charter school wishes to amend its written charter pursuant to NRS 386.527 to occupy a new or additional facility, the governing body of the charter school must submit to the sponsor of the charter school a written request for such an amendment to the written charter not later than 15 days before the date on which the charter school proposes to occupy the facility.

     2.  The written request must include, without limitation:

     (a) The address of the facility.

     (b) The type of facility.

     (c) A floor plan of the facility, including a notation of the size of the facility which is set forth in square feet.

     (d) The name and address of the owner of the facility.

     (e) If the facility will be leased or rented, a copy of the proposed lease or rental agreement.

     (f) A copy of the certificate of occupancy for the facility.

     (g) Documents which indicate that the facility has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

     (h) Evidence which demonstrates that the governing body of the charter school has communicated with the Division of Industrial Relations of the Department of Business and Industry regarding compliance with the federal Occupational Safety and Health Act of 1970, as amended.

     (i) Documentation which demonstrates that the governing body of the charter school has obtained the insurance required by NAC 386.215 for the proposed facility.

     3.  The sponsor of the charter school shall:

     (a) Perform a physical inspection of the proposed facility or assign a designee to perform the inspection.

     (b) Review the written request submitted pursuant to subsection 1 to determine if the written request:

          (1) Complies with NRS 386.500 to 386.610, inclusive, and the regulations applicable to charter schools; and

          (2) Is complete in accordance with the regulations of the Department.

     4.  Within 10 days after receipt of the written request submitted pursuant to subsection 1, the sponsor of the charter school shall provide written notice to the governing body of the charter school of its findings pursuant to subsection 3, including any items that are incomplete or noncompliant. Written notice informing the governing body of a charter school that the written request is incomplete or noncompliant shall be deemed denial of the written request.

     5.  If the sponsor of the charter school finds pursuant to subsection 3 that the written request is compliant and complete, the sponsor may approve the request.

     6.  The governing body of a charter school shall not occupy the proposed facility until the governing body has received written notice of approval of the written request from the sponsor of the charter school.

     (Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010)

      NAC 386.327  Revocation of charter of charter school providing education for at-risk pupils. (NRS 386.535, 386.540)  The sponsor of a charter school may, in accordance with applicable statutes and regulations, revoke the charter of a charter school that is dedicated to providing educational programs and opportunities for pupils who are at risk if the charter school fails to provide educational programs and opportunities to those pupils as required by the written charter.

     (Added to NAC by Dep’t of Education by R171-05, eff. 2-23-2006)

      NAC 386.330  Procedure for revocation of written charter. (NRS 386.535, 386.540)  If the sponsor of a charter school intends to revoke the written charter of a charter school pursuant to NRS 386.535, the sponsor shall:

     1.  Notify the governing body of the charter school, pursuant to subsection 2 of NRS 386.535, by certified mail. If the State Board of Education is the sponsor of the charter school, the Department will transmit written notice of the Board’s intent to revoke the charter to the governing body of the charter school by certified mail. The written notice must:

     (a) Be signed by the Superintendent of Public Instruction or a designee thereof; and

     (b) Comply with subsection 3.

     2.  If the board of trustees of a school district or a college or university within the Nevada System of Higher Education, as applicable, is the sponsor, submit to the Department a copy of the notice described in subsection 1 within 5 days after providing notice to the governing body of the charter school.

     3.  Ensure that the notices required pursuant to subsections 1 and 2:

     (a) Set forth evidence that the sponsor has made a determination pursuant to subsection 1 of NRS 386.535; and

     (b) Describe the findings of the sponsor that authorize revocation of the written charter of the charter school pursuant to NRS 386.535.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R193-01, 4-1-2002; R045-06, 8-31-2007; R169-07, 9-18-2008)

      NAC 386.335  Closure: Duties of governing body, sponsor and Department; failure of compliance by licensed teacher who is member of governing body. (NRS 386.536, 386.540)

     1.  If the governing body of a charter school makes a voluntary decision to close the charter school, the written charter of the charter school is revoked or the operation of the charter school is otherwise terminated for any reason, the governing body shall:

     (a) Not less than 30 days before the closure of the charter school, provide written notice of the closure to the Department, the sponsor of the charter school and the employees of the charter school which includes:

          (1) The reason for the closure;

          (2) The date of the closure;

          (3) The date of the meeting of the governing body on which the determination was made to close the charter school, if applicable; and

          (4) The name of the administrator or other qualified person appointed pursuant to NRS 386.536 to act as a trustee and information on how that person may be contacted;

     (b) Not less than 30 days before the closure of the charter school, provide written notice of the closure by regular mail to the parent or legal guardian of each pupil enrolled in the charter school which includes information on how the pupil may transfer to another public school and the manner in which the records of the pupil will be transferred;

     (c) Not less than 30 days before the closure of the charter school, provide written notice of the closure to the board of trustees of each school district in which a pupil enrolled in the charter school resides which includes notification of the closure of the charter school and notification that the school district may receive pupils for enrollment upon the closure;

     (d) Not less than 30 days before the closure of the charter school, submit to the sponsor of the charter school all records pertinent to:

          (1) The indebtedness of the charter school, if any; and

          (2) Any property of the charter school that is encumbered;

     (e) Ensure that all information required by NRS 386.650 for inclusion in the automated system of accountability information for Nevada is current to the date of the closure;

     (f) Return any remaining restricted assets to their source, such as grant money and money contained in restricted categorical funds;

     (g) Create a current and projected payroll and payroll benefits commitment, listing each employee, each employment position and the amount of money required to satisfy existing contracts;

     (h) Submit to the sponsor of the charter school a report of the income tax documentation for the employees of the charter school;

     (i) Ensure that the outstanding obligations of the charter school are settled after closure of the charter school, including, without limitation, unemployment compensation, employee benefits, resolution of the lease agreement for the charter school, if applicable, and final balances for utilities and other costs; and

     (j) Provide to the Department and the sponsor of the charter school:

          (1) Not later than 6 months after closure of the charter school, the results of an independent audit, including, without limitation, the net assets and net liabilities of the charter school; and

          (2) The annual report of budget required by NRS 386.600.

     2.  Upon notification of the closure of a charter school, the Department and the sponsor of the charter school shall each notify the governing body of the charter school of any outstanding liabilities owed by the charter school to the Department or the sponsor, as applicable.

     3.  If the governing body of a charter school makes a voluntary decision to close the charter school, the written charter of the charter school is revoked or the operation of the charter school is otherwise terminated for any reason:

     (a) The sponsor of the charter school shall conduct a physical inspection of the charter school to confirm that all equipment, supplies and textbooks identified in the inventory of the charter school maintained pursuant to NAC 386.342 are on the premises of the charter school; and

     (b) The governing body of the charter school shall ensure that all money received by the charter school from this State that is unencumbered is returned to the Department and placed in an escrow account for the purpose of satisfying any outstanding obligations of the charter school. One year after the establishment of the escrow account, the Department will transfer the balance remaining in that account to the State Distributive School Account created pursuant to NRS 387.030.

     4.  If a licensed teacher who is a member of the governing body of a charter school fails to comply with subsection 1 or paragraph (b) of subsection 3, the sponsor of the charter school or the Superintendent of Public Instruction may consider whether such failure to comply constitutes grounds for suspension or revocation of the license of the teacher pursuant to NRS 391.330 and whether appropriate action is warranted in accordance with NRS 391.320 to 391.361, inclusive.

     (Added to NAC by Dep’t of Education by R057-04, eff. 8-25-2004; A by R169-07, 9-18-2008)

Operation and Finances

      NAC 386.340  Location of facilities. (NRS 386.540)

     1.  Except as otherwise provided in subsection 2, a charter school that is sponsored by the board of trustees of a school district may provide instruction only in facilities located within the county in which that school district is located.

     2.  A charter school that:

     (a) Is sponsored by the board of trustees of a school district;

     (b) Provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive; and

     (c) Uses facilities other than a pupil’s home in which to provide instruction,

Ê may provide instruction only in facilities located within the county in which that school district is located.

     3.  Except as otherwise provided in subsection 4, a charter school that is sponsored by the State Board of Education may provide instruction only in facilities located in one county.

     4.  A charter school that:

     (a) Is sponsored by the State Board of Education;

     (b) Provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive; and

     (c) Uses facilities other than the pupil’s home in which to provide instruction,

Ê may provide instruction only in facilities located in one county.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002)

      NAC 386.341  Compliance with Occupational Safety and Health Act. (NRS 386.540)  Before the last day of the first operational school year, a charter school shall submit to the Department evidence which demonstrates to the satisfaction of the Department that the facility the charter school occupies has been inspected and approved by the Division of Industrial Relations of the Department of Business and Industry for compliance with the federal Occupational Safety and Health Act of 1970, as amended.

     (Added to NAC by Dep’t of Education by R171-05, eff. 2-23-2006)

      NAC 386.342  Equipment and supplies: Removal from premises; disposition upon closure; written inventory. (NRS 386.540)

     1.  If a charter school uses money received from the sponsor of the charter school, this State or the Federal Government to purchase equipment or supplies, the equipment and supplies:

     (a) Must remain on the premises of the charter school, unless the charter school is directed otherwise by the sponsor of the charter school, the State or the Federal Government, as applicable; and

     (b) May be removed from the premises of the charter school only by the sponsor of the charter school, the State or the Federal Government, as applicable.

     2.  Equipment and supplies obtained by a charter school from sources other than the sponsor of the charter school, the State or the Federal Government may be removed from the premises of the charter school, subject to any applicable conditions, terms and limitations imposed upon a grant or donation used to purchase the equipment and supplies, if applicable.

     3.  If a charter school uses money received from this State to purchase property or equipment and the charter school subsequently closes or its operation is otherwise terminated, the governing body of the charter school shall ensure that the property and equipment are transferred to the Department for appropriate accounting and disposition.

     4.  The governing body of a charter school shall ensure that a:

     (a) Current written inventory of the equipment, supplies and textbooks of the charter school is maintained; and

     (b) Copy of the current written inventory is provided to the sponsor of the charter school.

Ê The inventory must identify the source of money used to purchase each item, the name of the entity that donated the item or the owner of the item, as applicable.

     (Added to NAC by Dep’t of Education by R057-04, eff. 8-25-2004)

      NAC 386.343  Governing body: Interpretation of “parents” for purpose of membership. (NRS 386.540, 386.549)  The Department will interpret “parents,” as used in subsection 2 of NRS 386.549, to mean parents and legal guardians of children enrolled in and attending the charter school for which the governing body is formed.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002)—(Substituted in revision for NAC 386.060)

      NAC 386.345  Governing body: Restrictions on membership; responsibilities; submission of certain information to Department and sponsor; approval of minutes of public meetings. (NRS 386.540, 386.549)

     1.  A majority of the members of the governing body of a charter school must reside in the county in which the charter school is located.

     2.  The membership of the governing body of a charter school shall not include:

     (a) An employee of the governing body or charter school, including, without limitation, an administrator or teacher.

     (b) Except as otherwise provided in this paragraph, any person who:

          (1) Owns, operates, is employed by or receives compensation from a corporation, business, organization or other entity that enters into a contract with the governing body or charter school; or

          (2) Is related by blood or marriage to a person described in subparagraph (1).

Ê Pursuant to the requirements of NRS 332.800, a person described in this paragraph may serve on the governing body if the person has entered into a contract with the governing body to provide goods or services to the charter school without profit or at no cost to the charter school. The governing body shall maintain documentation of the terms of such a contract.

     3.  If a person serves on the governing body of a charter school as a representative of a nonprofit organization or business, not more than one other member of the governing body may also serve as a representative of that organization or business or otherwise represent the interests of that organization or business. In no event may representatives of the same organization or business serving on the governing body constitute a majority of the members of the governing body.

     4.  Not later than 5 business days after the governing body of a charter school is selected, the governing body shall submit to the Department:

     (a) The name and address of each member;

     (b) The resume of each member;

     (c) The state of residence of each member;

     (d) If a member serves on the governing body as a teacher, as that term is defined in subsection 5 of NRS 386.549, a photocopy of his or her license to teach; and

     (e) An affidavit of each member indicating that the member:

          (1) Has not been convicted of a felony or any offense involving moral turpitude; and

          (2) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the member by the Department,

Ê as required pursuant to NRS 386.549.

     5.  For the purposes of chapter 281A of NRS, the members of the governing body of a charter school are public officers.

     6.  The governing body of a charter school governs the charter school, maintains overall control of the charter school and is responsible for the operation of the charter school, including, without limitation, critically evaluating the performance of a contractor for the charter school and selecting another contractor if the contractor is not performing his or her duties or services in a satisfactory manner.

     7.  Not later than 30 business days after each public meeting held by the governing body of a charter school pursuant to subsection 4 of NRS 386.549, the governing body shall submit to the Department and to the sponsor of the charter school a copy of the minutes of the meeting. The minutes of each public meeting must be approved at the next meeting of the governing body and revised as necessary.

     8.  If the minutes of a meeting have not been approved by the governing body when it submits the minutes pursuant to subsection 7, the governing body shall:

     (a) Submit a written statement, accompanying the minutes that are submitted pursuant to subsection 7, indicating that the minutes have not been approved and are subject to revision; and

     (b) Submit to the Department and the sponsor of the charter school a copy of the approved minutes not later than 10 days after such approval.

     9.  As used in this section, “public officer” has the meaning ascribed to it in NRS 281A.160.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R060-02, 12-17-2002; R045-05, 10-31-2005; R171-05, 2-23-2006; R169-07, 9-18-2008; R170-07, 9-18-2008; R071-10, 10-15-2010)

      NAC 386.350  Governing body: Miscellaneous duties. (NRS 386.540)  The governing body of a charter school shall ensure that:

     1.  Pupils who earn academic credit at the school can readily transfer that credit to a comparable school without penalty.

     2.  The educational services provided by the school to pupils with a disability comply with the requirements set forth in chapters 388 and 395 of NRS and NAC 388.150 to 388.450, inclusive.

     3.  The Department and the sponsor of the charter school receive, within 30 days after the first day of school, a list of the names and qualifications of all persons who are or will be employed by the charter school.

     4.  Copies of the policies of the charter school concerning the attendance of pupils are:

     (a) Distributed to each new pupil at the beginning of the school year and to each new pupil who enters school during the school year; and

     (b) Available for public inspection at the school during the school’s business hours.

     5.  If the charter school intends to offer automobile driver education classes, the governing body procures insurance as required pursuant to subsection 4 of NRS 389.090.

     6.  The written report required pursuant to subsection 2 of NRS 386.610 is received by the sponsor of the charter school not later than 60 days after the last day of instruction in the third year of operation of the charter school under its initial written charter.

     7.  Pupils enrolled in the charter school receive the following minimum numbers of minutes of instruction per day, including recess but excluding lunch:

     (a) For pupils enrolled in kindergarten, 120 minutes.

     (b) For pupils enrolled in grades 1 and 2, 240 minutes.

     (c) For pupils enrolled in grades 3 to 6, inclusive, 300 minutes.

     (d) For pupils enrolled in grades 7 to 12, inclusive, 330 minutes.

     8.  If the governing body requests that a pupil be transferred pursuant to subsection 4 of NRS 386.580, the governing body submits the request to the school district in which the charter school is located:

     (a) Within 10 days after the governing body determines that the charter school is unable to provide an appropriate special education program and related services for the pupil; and

     (b) Accompanied by an explanation of the facts and circumstances which led the governing body to determine that the charter school is unable to provide the appropriate special education program and related services for the pupil.

     9.  A person employed by the governing body is designated to verify to the school district in which the charter school is located that the information submitted to the school district pursuant to NRS 386.605 has been gathered in a format required by the school district.

     10.  The notification required pursuant to paragraph (m) of subsection 1 of NRS 386.550 indicating whether the charter school is accredited by the Commission on Schools of the Northwest Accreditation Commission is provided to parents and legal guardians of pupils enrolled in grades 9 to 12, inclusive, not later than 10 days after the first day of school of each school year.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R163-99, 2-2-2000; R024-01, 11-1-2001; R193-01, 4-1-2002; R011-03, 10-30-2003)

      NAC 386.353  Restrictions on limitation of enrollment of pupils; establishment of waiting list and lottery system for enrollment; application to limit enrollment or for waiver to enroll from waiting list. (NRS 386.540, 386.580)

     1.  The governing body of a charter school shall not limit the enrollment of pupils in the charter school to a specified number of pupils unless:

     (a) The written charter of the charter school identifies a limit on the number of pupils the charter school will enroll or identifies a ratio of pupils to teachers for the charter school;

     (b) The charter school limits the enrollment of pupils to a number that corresponds with the maximum capacity of persons allowed to occupy the facility of the charter school as determined by the building, fire or health authority which inspected the facility; or

     (c) The charter school has obtained written permission from the Superintendent of Public Instruction pursuant to subsection 5 to set a limit on the enrollment of pupils.

     2.  If more pupils who are eligible for enrollment apply for enrollment in a charter school than the number of spaces available, the governing body of the charter school shall establish a waiting list for enrollment in the charter school and place the pupils who were not enrolled in the charter school on the waiting list. The governing body of the charter school shall make available for inspection during the business hours of the charter school a list of the names of pupils on the waiting list.

     3.  Except as otherwise provided in subsections 5 and 6, if a space for a new pupil becomes available for enrollment, the governing body of the charter school shall fill the available space using the lottery system described in its written charter to determine to which pupil on the waiting list established pursuant to subsection 2 the governing body will offer the available space for enrollment in the charter school. The governing body of the charter school shall provide notice to the pupil selected pursuant to this subsection of the availability of a space for enrollment in the charter school.

     4.  Except as otherwise provided in subsection 5, a charter school must enroll the pupil notified by the governing body of the charter school pursuant to subsection 3 if that pupil seeks enrollment in the charter school. If the pupil notified by the governing body of the charter school does not wish to enroll in the charter school, the governing body shall, using the lottery system to select another pupil on the waiting list, provide notice of the available space for enrollment to another pupil until the available space is filled.

     5.  Not later than the first day of the school year, a charter school may submit an application, on a form prescribed by the Superintendent of Public Instruction, to the Superintendent of Public Instruction for:

     (a) Written permission to limit the enrollment of pupils in the charter school pursuant to subsection 1; or

     (b) A waiver from the requirement to enroll a pupil from the waiting list pursuant to subsection 4.

     6.  The Superintendent of Public Instruction may approve an application submitted pursuant to subsection 5 if the governing body of the charter school:

     (a) Has entered into an agreement with a provider of software for a program of education used in the charter school; and

     (b) Submits documentation which demonstrates that the enrollment of additional pupils in the charter school will be an undue financial burden on the charter school.

     7.  If the Superintendent of Public Instruction denies an application submitted pursuant to subsection 5, the governing body of the charter school may appeal the decision to the State Board.

     8.  A charter school that limits the enrollment of pupils pursuant to:

     (a) Paragraph (a) of subsection 1 must submit a request to the sponsor of the charter school to amend the written charter before enrolling pupils in excess of the approved limit.

     (b) Paragraph (b) of subsection 1 must obtain permission from the appropriate building, fire or health authority before enrolling pupils in excess of the maximum capacity allowed to occupy the facility.

     (Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010)

      NAC 386.355  Apportionment from State Distributive School Account: Count day; prerequisite to receive apportionments. (NRS 386.540, 386.570)

     1.  The count day for a charter school is the same as the count day for the school district in which the charter school is located and is the last day of the first school month of that school district.

     2.  To receive apportionments from the State Distributive School Account, a charter school must have pupils enrolled and attending school and account for at least 20 school days in the first school month, which may include days on which class is not in session, including, without limitation, in-service days and conference days for teachers.

     3.  If an individual pupil is enrolled and attending a charter school at least 1 school day before the count day, that pupil will be counted.

     (Added to NAC by Dep’t of Education by R011-03, eff. 10-30-2003; A by R044-05, 10-31-2005)

      NAC 386.357  Apportionment from State Distributive School Account: Submission of enrollment information before payment of first apportionment in first year of operation. (NRS 386.540, 386.570)  Not later than 30 days before the first apportionment is made pursuant to NRS 387.124 to a charter school in its first year of operation, the governing body of the charter school shall submit to the Department:

     1.  In an electronic format prescribed by the Department, the enrollment form for each pupil enrolled in the charter school, which must include, without limitation:

     (a) The full name of the pupil;

     (b) The address of the pupil and the county in which the pupil resides;

     (c) The telephone number of the residence of the pupil;

     (d) The date of birth of the pupil;

     (e) The unique student identification number of the pupil, if available; and

     (f) The grade level in which the pupil is enrolling; and

     2.  The name and signature of the parent or legal guardian of each pupil enrolled in the charter school.

     (Added to NAC by Dep’t of Education by R071-10, eff. 10-15-2010)

      NAC 386.360  Maintenance and forwarding of permanent records of pupils; failure of compliance by licensed teacher who is member of governing body. (NRS 386.540)

     1.  The governing body of a charter school shall ensure that a permanent record for each pupil enrolled in the charter school is maintained in a separate file. The permanent record must contain:

     (a) The record of attendance of the pupil;

     (b) The grades received by the pupil;

     (c) The certificate of immunization of the pupil; and

     (d) Any other records related directly to the academic progress of the pupil.

     2.  The governing body of a charter school shall ensure that records maintained pursuant to subsection 1 are kept in a location that is safe and secure and affords reasonable protection from:

     (a) Fire;

     (b) Misuse; and

     (c) Access by unauthorized persons.

     3.  If a charter school closes, the charter school shall, for each pupil enrolled in the charter school, forward the permanent record of the pupil to the office of pupil records of the school district in which the pupil resides.

     4.  If a pupil graduates or withdraws from a charter school, the charter school shall forward the permanent record of the pupil to the office of pupil records of the school district in which the pupil resides.

     5.  If a licensed teacher who is a member of the governing body of a charter school fails to comply with subsections 1 and 2, the sponsor of the charter school or the Superintendent of Public Instruction may consider whether such failure to comply constitutes grounds for suspension or revocation of the license of the teacher pursuant to NRS 391.330 and whether appropriate action is warranted in accordance with NRS 391.320 to 391.361, inclusive.

     (Added to NAC by Dep’t of Education by R196-97, eff. 3-13-98; A by R193-01, 4-1-2002; R057-04, 8-25-2004)

      NAC 386.365  Reporting of data required for automated system of accountability information for Nevada. (NRS 386.540, 386.650)  A charter school shall report the data required pursuant to NRS 386.650 to:

     1.  The school district in which the charter school is located if the school district is the sponsor of the charter school;

     2.  The Department if the State Board of Education is the sponsor of the charter school; or

     3.  The Department if a college or university within the Nevada System of Higher Education is the sponsor of the charter school,

Ê not later than the first day of instruction of the first year of operation of the charter school.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002; A by R171-05, 2-23-2006; R169-07, 9-18-2008; A by Bd. of Education by R025-09, 10-27-2009)

      NAC 386.400  Contracts for services: Required provision; submission of certain information by governing body to sponsor and Department. (NRS 386.540, 386.560)

     1.  A contract between the governing body of a charter school and an educational management organization, the board of trustees of a school district, the Nevada System of Higher Education or any business, corporation, organization or other entity, whether or not conducted for profit, to provide any service to the charter school must include a provision that requires the contractor to inform each person whom the contractor employs or hires and who provides a direct service to the charter school that:

     (a) The person is not employed by the governing body of the charter school; and

     (b) The provisions of NRS 386.595 do not apply to an employee of the contractor or any person hired by the contractor to perform a service to the charter school, including, without limitation, the provisions governing the status of employees of a charter school and their collective bargaining rights and benefits.

     2.  If the governing body of a charter school enters into a contract with an educational management organization, the board of trustees of a school district, the Nevada System of Higher Education or any business, corporation, organization or other entity, whether or not conducted for profit, to provide any service to the charter school, the governing body shall, not later than 30 days after the contract is signed by both parties, submit to the sponsor of the charter school and the Department:

     (a) The name of the contractor;

     (b) A copy of the contract;

     (c) The name of a contact person for the contractor;

     (d) The telephone number and mailing address of the contractor;

     (e) A description of the service to be provided by the contractor;

     (f) A description of the manner in which each person who is employed or hired by the contractor to provide a direct service to the charter school has been notified of the information required by subsection 1; and

     (g) A list of the name and qualifications of each person who is employed or hired by the contractor to provide a direct service to the charter school.

Ê If any of the information set forth in paragraphs (a) to (g), inclusive, was included with the application to form the charter school pursuant to subsection 6 of NAC 386.180, the governing body is not required to resubmit the information if it is still accurate after the contract has been entered into.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R071-10, 10-15-2010)

      NAC 386.403  Contracts with contractors or educational management organizations: Prohibited provisions. (NRS 386.540)  A contract or a proposed contract between a charter school or a proposed charter school and a contractor or an educational management organization must not:

     1.  Give to the contractor or educational management organization direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;

     2.  Authorize the payment of loans, advances or other monetary charges from the contractor or educational management organization which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State Distributive School Account;

     3.  Require the charter school or proposed charter school to prepay any fees to the contractor or educational management organization;

     4.  Require the charter school or proposed charter school to pay the contractor or educational management organization before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;

     5.  Allow a contractor or educational management organization to cause a delay in the repayment of a loan or other money advanced by the contractor or educational management organization to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;

     6.  Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor or educational management organization;

     7.  Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor or educational management organization if the contractor or educational management organization will provide financial management to the charter school;

     8.  Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person other than the contractor or educational management organization;

     9.  Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor or educational management organization;

     10.  Authorize the payment of fees to the contractor or educational management organization which are not attributable to the actual services provided by the contractor or educational management organization;

     11.  Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor or educational management organization; or

     12.  Except as otherwise provided in this subsection, provide incentive fees to the contractor or educational management organization. A contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school.

     (Added to NAC by Dep’t of Education by R061-08, eff. 9-18-2008)

REVISER’S NOTE.

      The regulation of the Department of Education filed with the Secretary of State on September 18, 2008 (LCB File No. R061-08), the source of this section, contains the following provisions not included in NAC:

      “Sec. 6.  1.  A charter school that is sponsored by the State Board of Education which is in operation on September 18, 2008, may continue to operate pursuant to its current written charter until the expiration of that written charter even if the charter school does not satisfy the requirements of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].

      2.  An application to form a charter school for sponsorship by the State Board of Education or to renew a written charter that is sponsored by the State Board which is submitted after September 18, 2008, must comply with the provisions of sections 2 and 3 of this regulation [NAC 386.204 and 386.403].

      Sec. 7.  1.  A charter school that is sponsored by a school district or a college or university within the Nevada System of Higher Education which is in operation on September 18, 2008, may continue to operate pursuant to its current written charter until the expiration of that written charter even if the charter school does not satisfy the requirements of section 3 of this regulation [NAC 386.403].

      2.  An application to form a charter school for sponsorship by a school district or a college or university within the Nevada System of Higher Education or to renew a written charter that is sponsored by a school district or a college or university which is submitted after September 18, 2008, must comply with the provisions of section 3 of this regulation [NAC 386.403].”

 

      NAC 386.405  Contracts with educational management organizations: Initial term; renewal; prohibited provisions; approval of key personnel by governing body; annual performance review by governing body; submission of written report by educational management organization; effect of reference to a particular educational management organization in written charter. (NRS 386.540, 386.590)

     1.  The governing body of a charter school shall not enter into a contract with an educational management organization for an initial term of more than 2 years. Such a contract:

     (a) Must allow the governing body to terminate the contract and must not prohibit the governing body from entering into a contract with another educational management organization.

     (b) Must not be contingent upon any other contract.

     (c) Must not require the governing body to enter into any other contract with the educational management organization or to renew a contract with the educational management organization.

     2.  The provisions of subsection 1 do not preclude a charter school from renewing a contract with the educational management organization after the expiration of a contract if the educational management organization has performed in a satisfactory manner.

     3.  At the expiration of the initial term of the contract entered into pursuant to subsection 1, the governing body of a charter school may enter into a contract with the same educational management organization for a term not to exceed the remaining term of the written charter of the charter school.

     4.  The governing body of a charter school shall approve the appointment, or any change to the appointment, of all key personnel for the charter school who are directly employed and provided by an educational management organization. Such approval must occur at a regularly scheduled public meeting of the governing body. If the administrative head of a charter school is provided by an educational management organization, information regarding that person must be provided to the Department in accordance with NAC 386.100. For purposes of this subsection, “key personnel” includes administrators who are employed pursuant to subsection 6 of NRS 386.590 and the person designated to draw all orders for the payment of money belonging to the charter school required by NRS 386.573.

     5.  If the governing body of a charter school enters into a contract with an educational management organization, the governing body shall, not later than 60 days after the end of the school year, review the performance of the educational management organization to determine whether the educational management organization is performing in a manner that satisfies the terms and conditions of the written charter, including, without limitation, the satisfaction of the goals of the charter school. If the educational management organization is not performing in a satisfactory manner, the governing body shall require the educational management organization to prepare, in consultation with the governing body, a plan of corrective action for the educational management organization. The plan must include the steps which will be taken by the educational management organization to ensure that it performs in a manner which satisfies the terms and conditions of the written charter, including, without limitation, the satisfaction of the goals of the charter school. Not later than 120 days after the end of the school year, the governing body shall submit to the sponsor of the charter school and the Department a copy of the review conducted pursuant to this subsection and the plan of corrective action for the educational management organization, if applicable.

     6.  If the governing body of a charter school enters into a contract with an educational management organization, the governing body shall require the educational management organization to provide a written report to the sponsor of the charter school, to the governing body of the charter school and to the Department not later than 15 business days after the end of each fiscal year during which the contract was in effect. The written report must be in a format approved by the Superintendent of Public Instruction and include:

     (a) The amount of money received by the educational management organization from public and private sources to carry out the terms of the contract;

     (b) The expenditures of the educational management organization relating to carrying out the contract, including, without limitation, the payment of salaries, benefits and bonuses; and

     (c) An identification of each contract, transaction and agreement entered into by the educational management organization related to carrying out the contract with the charter school, including, without limitation, contracts, transactions and agreements with parent organizations, subsidiaries and partnerships of the educational management organization.

     7.  If an educational management organization is identified in the written charter of a charter school, the inclusion of a reference to that particular educational management organization in the written charter does not preclude the governing body of the charter school from terminating or not renewing a contract entered into with that educational management organization. If the governing body terminates or does not renew such a contract, the governing body shall amend the written charter accordingly to remove any errant references to that educational management organization.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R170-07, 9-18-2008; R071-10, 10-15-2010)

      NAC 386.407  Limitations on provision of teachers and other personnel by educational management organization. (NRS 386.540, 386.590)

     1.  Except as otherwise provided in subsection 2, the governing body of a charter school may not contract with an educational management organization for the provision of more than 30 percent of the teachers or other personnel who are required to be licensed pursuant to NRS 386.590.

     2.  The provisions of subsection 1 do not apply to a contract between the governing body of a charter school and an educational management organization for the provision of teachers or other personnel who:

     (a) Hold an endorsement pursuant to NAC 391.223, 391.243, 391.277, 391.279, 391.315, 391.340, 391.343, 391.360 to 391.378, inclusive, 391.390 or 391.391; and

     (b) Work at the charter school in the field in which they hold the endorsement.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002)

      NAC 386.409  Calculation of ratio for employment of licensed teachers; exception for vocational charter school. (NRS 386.540, 386.590)

     1.  Except as otherwise provided in subsection 2, to comply with subsection 1 of NRS 386.590, the total number of licensed teachers employed by a charter school to provide instruction must be equal to or more than the product of 70 percent multiplied by the total number of persons employed full-time and part-time by the charter school to provide instruction.

     2.  The provisions of this section do not apply to a charter school that is a vocational school as described in NAC 386.415.

     (Added to NAC by Dep’t of Education by R060-02, eff. 12-17-2002; A by R202-03, 3-19-2004)

      NAC 386.410  Performance audits: Report of compliance. (NRS 385.080, 386.540, 386.5515)  The sponsor of a charter school shall submit to the Department a performance audit that reports the compliance of the charter school with the written charter and with the applicable statutes and regulations. The report of compliance must be submitted annually unless the charter school is eligible for a waiver from the annual submission pursuant to NRS 386.5515 and NAC 386.412. If the charter school submits the documentation required for a waiver pursuant to NAC 386.412 and the sponsor determines that the charter school is eligible for the waiver, the charter school shall submit to the performance audit every 3 years. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the report of compliance must be included in the report that is required pursuant to NRS 386.610. The report of compliance must include:

     1.  A determination whether the charter school and its governing body comply with the terms and conditions of operation set forth in the written charter.

     2.  A determination whether the membership of the governing body of the charter school complies with NRS 386.549 and NAC 386.345, including, without limitation, whether:

     (a) The governing body consists of the number of teachers required by NRS 386.549;

     (b) A majority of the members of the governing body reside in the county in which the charter school is located; and

     (c) Each member of the governing body has filed an affidavit with the Department indicating that he or she:

          (1) Has not been convicted of a felony or offense involving moral turpitude; and

          (2) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to him or her by the Department,

Ê as required pursuant to NRS 386.549.

     3.  A determination whether the governing body has held at least one regularly scheduled public meeting in the county in which the charter school is located during each calendar quarter and each meeting complied with chapter 241 of NRS.

     4.  A determination whether the governing body and the charter school comply with the provisions of NRS 332.800.

     5.  Upon examination of the agenda and minutes of each meeting of the governing body and the reports submitted to the governing body during each meeting, a determination whether the governing body is fulfilling its duty to evaluate the performance of each entity with whom the governing body has entered into a contract, including, without limitation, the performance of an educational management organization.

     6.  If the charter school is dedicated to providing educational programs and opportunities for pupils who are at risk, a determination whether the educational programs and services provided to those pupils are appropriate and carried out in an effective manner.

     7.  A determination whether the charter school has complied with generally accepted standards of accounting and fiscal management.

     8.  A determination whether all money received by the charter school from this State and from the board of trustees of a school district is deposited and maintained in a bank, credit union or other financial institution in this State.

     9.  A determination whether the charter school has adopted a final budget, as required by NRS 386.550 and NAC 387.725.

     10.  A determination whether the charter school complies with NRS 386.573 regarding orders for payment of money.

     11.  A determination whether the charter school administers achievement and proficiency examinations in accordance with chapter 389 of NRS and chapter 389 of NAC.

     12.  A summary of the manner in which the charter school ensures the health and safety of the pupils enrolled in the charter school, including, without limitation, a determination whether the charter school:

     (a) Complies with the requirements for reporting the abuse or neglect of a child;

     (b) Complies with Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq.;

     (c) Provides adequate health services;

     (d) Maintains records of the immunizations required of pupils in accordance with NRS 392.435;

     (e) Complies with NRS 392.450 by providing drills for pupils in the appropriate procedures to be followed in the event of an emergency and by posting escape routes; and

     (f) Complies with the requirements for crisis response in public schools in accordance with NRS 392.600 to 392.656, inclusive.

     13.  A determination whether each facility that the charter school occupies complies with applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation.

     14.  A determination whether the charter school complies with NRS 386.585, including, without limitation, whether the charter school:

     (a) Provides a copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments to each pupil;

     (b) Maintains, for public inspection at the charter school, a copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments; and

     (c) Complies with the policies and procedures for the suspension and expulsion of pupils.

     15.  A description of the attendance policy of the charter school and a determination whether the policy is:

     (a) Distributed to each pupil in accordance with NAC 386.350; and

     (b) Available for public inspection during the school’s regular business hours.

     16.  If pupils with disabilities are enrolled in the charter school, a determination whether the provision of special educational services and programs to those pupils complies with the requirements set forth in chapters 388 and 395 of NRS and NAC 388.150 to 388.450, inclusive.

     17.  A determination whether the charter school provides instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school.

     18.  A determination whether the charter school provides at least the courses of study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and requires the pupils who are enrolled in the charter school to take those courses of study.

     19.  A determination whether the charter school complies with NRS 386.590 regarding the employment of teachers and other educational personnel.

     20.  A determination whether the status of the employees of the charter school and the rights and benefits provided to those employees comply with NRS 386.595.

     21.  A description of the manner in which the charter school maintains personnel records for its employees.

     22.  A description of the procedure for the enrollment of pupils in the charter school, including, without limitation, whether the charter school enrolls pupils on the basis of a lottery system if more pupils who are eligible for enrollment apply for enrollment than the number of spaces that are available.

     23.  If the charter school provides instruction to pupils enrolled in kindergarten, first grade or second grade, a determination whether the charter school complies with NRS 392.040 regarding the ages for enrollment in those grades.

     24.  A determination whether the charter school refrains from charging tuition or fees, except for those fees that are authorized by specific statute or by the written charter of the charter school.

     25.  A determination whether the charter school provides written notice to the parents and legal guardians of pupils enrolled in grades 9 to 12, inclusive, whether the charter school is accredited by the Commission on Schools of the Northwest Accreditation Commission.

     26.  A determination whether the charter school complies with NRS 386.583 regarding the adoption of rules for academic retention.

     27.  A determination of whether the charter school maintains the type and amount of insurance:

     (a) Required by NAC 386.215.

     (b) In a manner that complies with paragraph (l) of subsection 1 of NRS 386.550, which may include worker’s compensation insurance, or is otherwise prepared to hold harmless, indemnify and defend the sponsor of the charter school as required by that paragraph.

     28.  A determination whether the written inventory of equipment, supplies and textbooks that is maintained by the charter school pursuant to NAC 386.342 is current and accurate.

     (Added to NAC by Dep’t of Education by R193-01, eff. 4-1-2002; A by R060-02, 12-17-2002; R011-03, 10-30-2003; R058-04, 8-25-2004; R044-05, 10-31-2005; R171-05, 2-23-2006; R171-05, 2-23-2006, eff. 7-1-2006; A by Bd. of Education by R135-07, 4-17-2008; A by Dep’t of Education by R169-07, 9-18-2008; A by Bd. of Education by R026-09, 10-27-2009)

      NAC 386.412  Eligibility for available money for facilities; waiver of annual performance audits. (NRS 385.080, 386.5515)

     1.  A charter school “has demonstrated improvement in the achievement of pupils enrolled in the charter school” for the purposes of paragraph (c) of subsection 1 of NRS 386.5515 if the number of pupils enrolled in the charter school who are categorized as emergent or developing pupils is reduced for the most recent testing cycle by not less than 10 percent of the number of pupils who were categorized as emergent or developing pupils in the immediately preceding school year. The reduction of the number of pupils who are categorized as emergent or developing pupils must be measured for all subject areas required to be tested pursuant to state or federal law for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361 enrolled in the charter school, regardless of the size of the group.

     2.  For the purposes of paragraph (e) of subsection 1 of NRS 386.5515:

     (a) A pupil has passed the high school proficiency examination if the pupil has passed each subject area of that examination.

     (b) The percent of pupils enrolled in the charter school who have passed the high school proficiency examination must be determined based upon the test scores of pupils who were enrolled in grade 12 in the immediately preceding school year and were required to take the high school proficiency examination.

     3.  A charter school that wishes to submit to a performance audit one time every 3 years rather than every year shall submit to the sponsor of the charter school documentation sufficient to demonstrate that the charter school satisfies the requirements of subsection 1 of NRS 386.5515 and is eligible for a waiver from the annual performance audit. The documentation must be submitted to the sponsor of the charter school not later than November 15 of the first school year in which the charter school is eligible for the waiver. The sponsor of the charter school shall determine whether the charter school satisfies the requirements of subsection 1 of NRS 386.5515 and shall provide written notice to the charter school of its determination on or before December 15 of the year in which documentation is submitted by the charter school pursuant to this subsection.

     4.  As used in this section, “performance audit” means the report of compliance required pursuant to NAC 386.410.

     (Added to NAC by Bd. of Education by R135-07, eff. 4-17-2008)

      NAC 386.415  Vocational school: Interpretation of term for certain purposes; requirements for course of study in career and technical education. (NRS 385.080, 385.110, 386.540, 386.590, 388.360)

     1.  For the purposes of subsection 1 of NRS 386.590, the Department will consider a charter school to be a “vocational school” if the charter school provides:

     (a) Instruction in at least grades 9 through 12, inclusive; and

     (b) A progression of courses within one or more of the program areas set forth in subsection 1 of NAC 389.803 that prepares a pupil for entry level employment in the applicable program area.

     2.  A charter school that is a vocational school shall comply with subsection 3 of NAC 389.800, and the courses of study in career and technical education offered by such a school must comply with subsection 1 of that section.

     (Added to NAC by Dep’t of Education by R202-03, eff. 3-19-2004; A by Bd. for Career & Tech. Educ. by R172-05, 2-23-2006; A by Bd. of Education by R087-12, 11-1-2012)

Account for Charter Schools

      NAC 386.420  Definitions. (NRS 385.080, 386.578)  As used in NAC 386.420 to 386.445, inclusive, unless the context otherwise requires, the words and terms defined in NAC 386.425 and 386.430 have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002)

      NAC 386.425  “Account” defined. (NRS 385.080, 386.578)  “Account” means the Account for Charter Schools created pursuant to NRS 386.576.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002)

      NAC 386.430  “Operational charter school” defined. (NRS 385.080, 386.578)  “Operational charter school” means a charter school in which pupils are enrolled who are receiving instruction from the charter school.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002)

      NAC 386.435  Application for loan from Account; annual determination of balance of money in Account. (NRS 385.080, 386.578)

     1.  An application for a loan from the Account must be submitted by the governing body of a charter school to the Department on or before September 30 of the calendar year immediately preceding the calendar year in which the loan will be made. The Department shall not accept an application for a loan from the Account unless the Department has determined pursuant to subsection 2 that the balance of money in the Account is $5,000 or more. An application must include:

     (a) The name of the charter school.

     (b) The name, address and telephone number of the person whom the Department may contact regarding the application.

     (c) The proposal of the charter school to repay the loan, consistent with NAC 386.445.

     (d) A description of:

          (1) The financial needs of the charter school;

          (2) The business plan for the charter school;

          (3) The effect that receipt of the loan will have on the operation of the charter school;

          (4) The effect, if any, that receipt of the loan will have on the ability of the governing body or the charter school to obtain other financial assistance from public and private sources; and

          (5) The plan, if any, for the use of the money obtained from the loan, including, without limitation, methods to enhance the credit of the charter school.

     (e) A list of the anticipated expenses for which the money obtained from the loan will be used.

     (f) A budget for the charter school for the fiscal year in which the loan is received and for each fiscal year of the proposed period for repayment of the loan. The budget must:

          (1) Include an identification of all sources of revenue and expenses;

          (2) Include the cost for repayment of the loan; and

          (3) Be accompanied by a written narrative explaining each of the assumptions made in developing the budget.

     (g) If the charter school is an operational charter school, a statement of the financial history of the applicant.

     (h) If a member of the governing body has or had an association or affiliation with another charter school in this State or another state, a statement of the financial history of the charter school with which the member has or had such an association or affiliation. The provisions of this paragraph apply regardless of whether the member has terminated the association or affiliation.

     (i) Three credit references for the applicant.

     (j) A statement of the monthly cash flow for the operation of the charter school, including, without limitation, an identification of the amount and timing of receipt of revenue relating to the amount and timing of expenditures.

     (k) A resolution of the governing body authorizing submission of the application.

     2.  On or before July 1 of each year, the Department shall determine the balance of money in the Account. If the Department determines that the balance of money in the Account is $5,000 or more, the Department shall provide notice of that fact and the availability of loans from the Account to each charter school that has been issued a written charter pursuant to NRS 386.527.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002)

      NAC 386.440  Priority for loans; considerations for approval of loans. (NRS 385.080, 386.578)

     1.  To the extent that money is available in the Account, the Department shall grant priority for loans from the Account to those charter schools with approved applications that will use the money obtained from the loan in preparing to commence the first year of operation.

     2.  In determining whether to approve an application, the Department shall consider the:

     (a) Reliability of the business plan submitted with the application;

     (b) Ability of the charter school to obtain financial assistance from other sources;

     (c) Information submitted in the application; and

     (d) Effect of approval of the application on the equitable geographic distribution throughout this State of loans from the Account.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002)

      NAC 386.445  Repayment of loans. (NRS 385.080, 386.540, 386.578)

     1.  The rate of interest for loans made from the Account is the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction.

     2.  If a loan is made to a charter school from the Account, the Department shall deduct from the apportionments made to the charter school pursuant to NRS 387.124, an amount of money equal to the annual repayment amount of the loan, including interest. The deductions must be made:

     (a) In quarterly amounts corresponding with the quarterly apportionment to the charter school.

     (b) In equal amounts during the period of repayment agreed upon by the governing body of the charter school and the Department, not to exceed 3 years.

     3.  If a loan is made to an operational charter school, the deductions must be made commencing in the same fiscal year in which the loan is made. If a loan is made to a charter school that has a written charter issued pursuant to subsection 7 of NRS 386.527, the deductions must be made commencing with the first fiscal year immediately succeeding the fiscal year in which the charter school becomes an operational charter school.

     4.  If a charter school that receives a loan:

     (a) Defaults on repayment of the full amount of the loan;

     (b) Was issued a written charter pursuant to subsection 7 of NRS 386.527 and the charter school fails to obtain a written charter issued pursuant to subsection 5 of NRS 386.527; or

     (c) Closes or otherwise ceases operation,

Ê the charter school shall be solely liable for repayment of the full amount of the loan.

     5.  As used in this section, “fiscal year” means the 12-month period beginning on the first day of July and ending on the last day of June.

     (Added to NAC by Bd. of Education by R206-01, eff. 4-1-2002; A by Dep’t of Education by R044-05, 10-31-2005)

Charter School Financing Law

      NAC 386.450  Definitions. (NRS 386.649)  As used in NAC 386.450 to 386.472, inclusive, unless the context otherwise requires, the words and terms defined in NAC 386.452 and 386.454 have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.452  “Bond financing” defined. (NRS 386.649)  “Bond financing” means the financing of a project through the issuance of bonds pursuant to NRS 386.612 to 386.649, inclusive.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.454  “Charter school” defined. (NRS 386.649)  “Charter school” means the charter school for whose benefit a project is being financed.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.460  Request for bond financing: Application. [Effective through December 31, 2019.] (NRS 386.633, 386.649)  A request by an obligor for bond financing pursuant to NRS 386.630 and 386.632 must be made by the submission of a written application to the Director, on a form prescribed by the Director. In addition to any other information required by NRS 386.612 to 386.649, inclusive, the application must include or be accompanied by:

     1.  The name of the obligor and any other name under which the obligor does business or expects to do business;

     2.  The business and residential addresses of the obligor, as applicable, including the street name and number of each address;

     3.  If the obligor is a corporation, association or other entity described in NRS 386.621, other than a governmental entity, the name and residential address of each director, officer, partner and manager of the obligor, as applicable;

     4.  Information relating to each bond credit rating received by the obligor within the 12 months immediately preceding the date of the application;

     5.  A description of the project;

     6.  The address of the project, including the street name and number of that address;

     7.  The number of pupils attending the charter school;

     8.  A statement by the sponsor of the charter school that the charter school is not in default under its current written charter or charter contract, as applicable;

     9.  If the written charter or charter contract of the charter school, as applicable, requires a review of the project by the sponsor of the charter school, documentary evidence that the review has been completed;

     10.  A statement of all local, state and federal requirements which must be complied with to complete the project and the status of any process of approval applicable to each such requirement;

     11.  The expected date of maturity and the amount of the bonds; and

     12.  Any other information which the Director determines is necessary in a particular case and which is reasonably related to the obligor’s qualifications for the bond financing.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.460  Request for bond financing: Application. [Effective January 1, 2020.] (NRS 386.633, 386.649)  A request by an obligor for bond financing pursuant to NRS 386.630 and 386.632 must be made by the submission of a written application to the Director, on a form prescribed by the Director. In addition to any other information required by NRS 386.612 to 386.649, inclusive, the application must include or be accompanied by:

     1.  The name of the obligor and any other name under which the obligor does business or expects to do business;

     2.  The business and residential addresses of the obligor, as applicable, including the street name and number of each address;

     3.  If the obligor is a corporation, association or other entity described in NRS 386.621, other than a governmental entity, the name and residential address of each director, officer, partner and manager of the obligor, as applicable;

     4.  Information relating to each bond credit rating received by the obligor within the 12 months immediately preceding the date of the application;

     5.  A description of the project;

     6.  The address of the project, including the street name and number of that address;

     7.  The number of pupils attending the charter school;

     8.  A statement by the sponsor of the charter school that the charter school is not in default under its current charter contract;

     9.  If the charter contract of the charter school requires a review of the project by the sponsor of the charter school, documentary evidence that the review has been completed;

     10.  A statement of all local, state and federal requirements which must be complied with to complete the project and the status of any process of approval applicable to each such requirement;

     11.  The expected date of maturity and the amount of the bonds; and

     12.  Any other information which the Director determines is necessary in a particular case and which is reasonably related to the obligor’s qualifications for the bond financing.

     (Added to NAC by Dep’t of Business & Industry by R099-13, 6-23-2014, eff. 1-1-2020)

      NAC 386.462  Projects: Compliance with certain statutes and regulations. (NRS 386.633, 386.649)  To qualify for bond financing, a project must comply with all applicable state and federal statutes and regulations, including, without limitation, statutes and regulations relating to environmental protection and energy efficiency.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.464  Financing agreement. (NRS 386.628, 386.649)  If a request for bond financing is approved by the Director:

     1.  The obligor shall enter into a written financing agreement with the Director, contingent upon action by the State Board of Finance pursuant to NRS 386.632 and 386.633, setting forth the respective rights and duties of the Director and the obligor.

     2.  In addition to the provisions required by NRS 386.619, the financing agreement:

     (a) Must set forth any fees of the Department of Business and Industry applicable to the bond financing.

     (b) May require the obligor to disclose such records and information and be subject to such audit requirements as the Director deems appropriate.

     (c) Must require the obligor to pay in advance the estimated costs of processing and implementing the request for bond financing and the financing agreement, in such amounts and at such times as determined by the Director.

     3.  The Director will submit his or her findings to the State Board of Finance for approval pursuant to NRS 386.632 and 386.633.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.466  Bonds: Adoption of resolution setting forth final terms. (NRS 386.634, 386.649)  If the State Board of Finance approves a request for bond financing, the Director may adopt a resolution setting forth the final terms of the bonds.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.468  Bonds: Approval of proposed costs of issuance. (NRS 386.634, 386.649)  The proposed costs of issuing the bonds must be approved by the Director before any preliminary official statement or marketing materials are released.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.470  Bonds: Generally. (NRS 386.634, 386.649)

     1.  Bonds may be sold in the public bond market or privately placed.

     2.  While they remain outstanding, any bonds providing for a variable rate of interest must use hedging or another mechanism to maintain the interest rate of the bonds within a range determined by the Director. The cost of any such protections must be accounted for in calculating the cost of such bonds in comparison to the cost of bonds not providing for a variable rate of interest.

     3.  Any investment of the proceeds of bonds must first be approved by the Director and must comply with the requirements of chapter 386 of NRS.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

      NAC 386.472  Requests for information. (NRS 386.649)  Any person who wishes to obtain:

     1.  Clarification of any provision of NAC 386.450 to 386.472, inclusive; or

     2.  Additional information about the procedure for submitting an application pursuant to NAC 386.460,

Ê may mail a written request addressed to the attention of the Director at the Department of Business and Industry, 555 East Washington Avenue, Suite 4900, Las Vegas, Nevada 89101-1075.

     (Added to NAC by Dep’t of Business & Industry by R099-13, eff. 6-23-2014)

INTERSCHOLASTIC ACTIVITIES

General Provisions

      NAC 386.600  Definitions. (NRS 386.430)  As used in NAC 386.600 to 386.886, inclusive, unless the context otherwise requires, the words and terms defined in NAC 386.601 to 386.622, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R136-05, 6-1-2006; R105-06, 9-18-2007; R040-11, 12-30-2011)

      NAC 386.601  “Affiliate school” defined. (NRS 386.430)  “Affiliate school” means a school that:

     1.  Is located in Arizona, California, Idaho, Oregon or Utah;

     2.  Is recommended for membership in the Association by a member school; and

     3.  Complies with the requirements of the Association for an affiliate school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.602  “All-star team” defined. (NRS 386.430)  “All-star team” means a team consisting entirely or partially of outstanding players in a sanctioned sport who are selected from among two or more schools to participate in the sanctioned sport, regardless of:

     1.  The manner in which the players are selected; or

     2.  The group or area the team represents.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.603  “Association” defined. (NRS 386.430)  “Association” means the Nevada Interscholastic Activities Association created pursuant to NRS 386.420.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.604  “Board” defined. (NRS 386.430)  “Board” means the Board of Control of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.605  “Commissioner” defined. (NRS 386.430)  “Commissioner” means the Commissioner of Sports Officials of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.606  “Complaint” defined. (NRS 386.430)  “Complaint” means a charge filed with the Association by the principal of a school or any other person alleging that a school or a pupil, coach, administrator, faculty member or other representative of the school, or a sports official, has violated a provision of NAC 386.600 to 386.886, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.607  “Executive Director” defined. (NRS 386.430)  “Executive Director” means the Executive Director of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.608  “Game, contest or meet” defined. (NRS 386.430)  “Game, contest or meet” means any competition, including, without limitation, any event, match, race, round or set, that is regularly scheduled by a school for any of its teams or pupils who participate in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.609  “Hardship” defined. (NRS 386.430)  “Hardship” means an unusual circumstance that:

     1.  Is beyond the normal control of a pupil or a parent or legal guardian of the pupil; and

     2.  Is not related to participation by the pupil in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.610  “Homeschooled child” defined. (NRS 386.430)  “Homeschooled child” has the meaning ascribed to it in NRS 385.007.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.611  “Legislative Commission” defined. (NRS 386.430)  “Legislative Commission” means the Legislative Commission of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.612  “Magnet school” defined. (NRS 386.430)  “Magnet school” means a school that is established by a school district to create special programs to attract pupils in the school district to attend the magnet school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.613  “Member school” defined. (NRS 386.430)  “Member school” means a school:

     1.  Whose board of trustees or governing board has adopted the regulations of the Association as its code governing interscholastic activities;

     2.  That has paid the annual dues established by the Association; and

     3.  That has agreed to comply with the policies and regulations of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.614  “Non-association official” defined. (NRS 386.430)  “Non-association official” means any sports official who is not a member of the Nevada State Officials’ Association or its successor organization.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.615  “Participate” defined. (NRS 386.430)  “Participate” means to engage in a sanctioned sport as a pupil beginning on the first day of practice for the sanctioned sport set forth in the schedule of activities of the Association for the school year in which that day of practice occurs.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.616  “Recruit” defined. (NRS 386.430)  “Recruit” means to use undue influence upon, or to provide or offer to provide an inducement to, a prospective pupil by a principal, administrator, faculty member, coach, alumnus or other person who is associated with a school to encourage or attempt to encourage the prospective pupil to attend or remain at that school for the purpose of participating in interscholastic activities.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.617  “Sanctioned sport” defined. (NRS 386.430)  “Sanctioned sport” means any athletic competition that is approved by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.618  “School” defined. (NRS 386.430)  “School” means any affiliate school or member school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.619  “Season” defined. (NRS 386.430)  “Season” means the period during which a sanctioned sport is conducted during a school year beginning on the first day of practice and ending upon completion of the state tournament for the sanctioned sport as specified in the schedule of activities established by the Association for the school year.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.6195  “Spirit squad” defined. (NRS 386.430)  “Spirit squad” includes, without limitation, any cheer, stunt, dance, drill, pom and mascot group of a school, regardless of whether the school allows the group to engage in sideline chants or competitions.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.620  “Sports official” defined. (NRS 386.430)  “Sports official” means any person who serves as a referee, umpire or linesman, or in a similar capacity, for a sanctioned sport, regardless of whether the person is paid for that service.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.6203  “Tournament” defined. (NRS 386.430)  “Tournament” means any series of games, contests or meets which is scheduled by the Association among member schools or by a school for any of its teams or pupils who participate in a sanctioned sport and which does not exceed 6 consecutive days, excluding Sundays.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R040-11, eff. 12-30-2011)

      NAC 386.6207  “Transfer” defined. (NRS 386.430)  “Transfer” means the withdrawal of a pupil from a school in which he or she is enrolled and the subsequent enrollment of the pupil in another school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R040-11, eff. 12-30-2011)

      NAC 386.621  “Unit of credit” defined. (NRS 386.430)  “Unit of credit” has the meaning ascribed to it in NAC 389.040.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.622  “Zone of attendance” defined. (NRS 386.430)  “Zone of attendance” means the region established by the board of trustees or governing board of a school for the attendance of a pupil enrolled in the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Administration

      NAC 386.625  Association: Membership in National Federation of State High School Associations. (NRS 386.430)  The Association will maintain its membership in the National Federation of State High School Associations or its successor organization.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.626  Association: Purchasing of supplies, equipment and services. (NRS 386.430)

     1.  The Association will purchase all supplies, equipment and services for the lowest price after providing an opportunity for all vendors to submit a bid or price quotation for the purchase.

     2.  For each purchase of supplies, equipment or services pursuant to this section, the Board shall:

     (a) Obtain the maximum value for each dollar expended for the purchase;

     (b) Make the purchase without favor or prejudice;

     (c) Allow each qualified bidder to compete for the business of the Association;

     (d) Ensure that the best interests of the Association are served in all transactions;

     (e) Establish a group of responsible bidders;

     (f) Advertise the solicitation of bids for the purchase in the most appropriate manner; and

     (g) Establish specifications for the purchase that do not restrict the competitive bidding for the purchase or limit the Association in the procurement of any goods.

     3.  In addition to the requirements set forth in subsections 1 and 2, if the Board makes a purchase of supplies, equipment or services for $1,000 or more but less than $2,500, the Board shall obtain a bid from at least three responsible bidders. The Board may solicit a bid by telephone. If the Board obtains a bid by telephone, the Board shall include a record of the bid in a permanent file maintained by the Association concerning the purchase. If the Board determines that a bid is the lowest bid obtained by the Board for the purchase and that the bid is submitted by a responsible bidder, the Board may immediately make the purchase.

     4.  In addition to the requirements set forth in subsections 1 and 2, if the Board makes a purchase of supplies, equipment or services for $2,500 or more, the Board shall use sealed bids to make the purchase. Before making the purchase, the Board shall publicly advertise the requirements for submitting bids and shall, at the date, time and place specified in the public notice to bidders for the purchase, publicly open each bid that is submitted to the Board not later than the date set forth in the public notice. As soon as practicable after opening each bid, the Association will prepare an abstract and evaluation of the bid. As soon as practicable after preparing the abstract and evaluation of each bid, the Executive Director shall submit a recommendation to the Board concerning each bid. The Board shall notify the successful bidder within 10 days after the Board accepts the bid.

     5.  The Association will include in a manual prepared by the Association for that purpose:

     (a) The form for providing notice to bidders;

     (b) The form for providing an invitation to bid; and

     (c) The terms and conditions of each bid and invitation to bid.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.627  Association: Establishment of administrative regions; preparation of map of regions. (NRS 386.430)  The Association will:

     1.  Establish four administrative regions in this State; and

     2.  Prepare a map of those regions.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.628  Board: Composition; role; nonvoting membership; terms of nonvoting members. (NRS 386.430)

     1.  The Board consists of nine voting members selected from the administrative regions established pursuant to NAC 386.627. The Board is the governing body of the Association.

     2.  In addition to the voting members specified in subsection 1, the Board includes the following nonvoting members:

     (a) The president of:

          (1) Each class established pursuant to NAC 386.667;

          (2) The private schools selected pursuant to NAC 386.665; and

          (3) The Nevada Athletic Directors Association or its successor organization;

     (b) A representative from Class 4A North who is not serving as a nonvoting member pursuant to subparagraph (1) of paragraph (a);

     (c) A representative from Class 4A South who is not serving as such a nonvoting member; and

     (d) A representative appointed by the Nevada Association of School Administrators or its successor organization.

     3.  Each nonvoting member specified in subsection 2 serves for a term of 2 years.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R065-07, 1-30-2008; R207-08 & R147-10, 5-5-2011)

      NAC 386.629  Board: Voting membership. (NRS 386.430)

     1.  The voting membership of the Board is as follows:

     (a) Two representatives from Administrative Region I, which consists of Washoe County;

     (b) One representative from Administrative Region II, which consists of Carson City and Churchill and Douglas counties;

     (c) One representative from Administrative Region III, which consists of Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Storey and White Pine counties; and

     (d) Five representatives from Administrative Region IV, which consists of Clark County.

     2.  The President of the Board may vote on any item set forth on the agenda of the Board for which a vote is required.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.630  Board: Selection of members; vacancies in membership; terms of voting members. (NRS 386.430)

     1.  Each school trustee and each person who is:

     (a) A superintendent of a school district;

     (b) An assistant or deputy superintendent of a school district;

     (c) A director of athletics of a school district; or

     (d) A principal of a high school,

Ê is eligible to be selected to serve as a member of the Board.

     2.  The school trustees of each administrative region established pursuant to NAC 386.627 shall select the members of the Board from that region. The term of a selected member begins on July 1 after his or her selection. A member of the Board may be reselected.

     3.  If a vacancy occurs in the membership of the Board, the Executive Director shall notify the school trustees of the administrative region from which the vacant member was selected. An unexpired term of a member of the Board must be filled by the school trustees of the administrative region in which the vacancy occurs. Each member selected to fill a vacancy serves for the remainder of the unexpired term.

     4.  Except as otherwise provided in subsection 3, each voting member of the Board serves for a term of 3 years.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08 & R147-10, 5-5-2011)

      NAC 386.631  Board: President and Vice President. (NRS 386.430)

     1.  The Board shall, at a meeting conducted not later than March 31 of each odd-numbered year, elect a President and Vice President from among its voting members.

     2.  The President of the Board shall:

     (a) Preside at each meeting of the Board;

     (b) Represent the Association; and

     (c) Carry out any other duties of the office.

     3.  The President of the Board may call a special meeting of the Board in accordance with regulations adopted by the Board.

     4.  If a vacancy occurs in the office of the President of the Board, the Vice President of the Board shall serve for the unexpired term of the President. The Board shall elect a Vice President to fill the unexpired term of a Vice President who serves as the President of the Board pursuant to this subsection.

     5.  The Vice President of the Board shall carry out the duties of the President of the Board during any period in which the President, as determined by the Association, is unable to carry out those duties.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.632  Board: Duties. (NRS 386.430)  The Board shall:

     1.  Employ an Executive Director, set and provide for the payment of his or her salary and, except as otherwise provided in NAC 386.600 to 386.886, inclusive, prescribe his or her powers and duties;

     2.  Provide facilities and equipment and hire employees required to conduct the business of the Association;

     3.  Adopt an annual budget for the Association and establish the dues required for membership in the Association in accordance with NAC 386.655;

     4.  In accordance with NAC 386.667, assign each member school to the required classes and approved leagues within those classes;

     5.  Provide for the organization, supervision and certification of sports officials for all interscholastic activities under its jurisdiction in accordance with NAC 386.600 to 386.886, inclusive;

     6.  Control each interscholastic activity in which a member school participates in accordance with NAC 386.600 to 386.886, inclusive; and

     7.  Authorize the Executive Director to conduct an investigation concerning any violation of the provisions of NAC 386.600 to 386.886, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.633  Board: Regular and special meetings. (NRS 386.430)

     1.  The Board shall conduct at least four regular meetings each year. The Board shall notify each member school in writing at least 10 days before conducting a regular meeting. Each written notice of a meeting must include an agenda for that meeting.

     2.  The Executive Director, President of the Board or a majority of the members of the Board may call a special meeting of the Board at any time and place by providing written notice of the meeting to each member of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.634  Meetings of Board: Quorum. (NRS 386.430)  A majority of the voting members of the Board constitutes a quorum and a quorum may exercise the powers and duties of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.635  Meetings of Board: Procedure. (NRS 386.430)  The Board shall comply with the following procedure for each meeting conducted by the Board:

     1.  The President of the Board shall read each item set forth on the agenda for the meeting;

     2.  The President of the Board shall request the Executive Director and any other member of the staff of the Board to submit any comments relating to the item;

     3.  The Board shall discuss the item;

     4.  The President of the Board shall request the submission of comments relating to the item from any member of the general public who is present at the meeting;

     5.  The President of the Board shall call for a motion and a second to consider the item;

     6.  The Board shall discuss the motion and may request any clarification concerning the item; and

     7.  The Board shall vote on the item, if a vote is required for that item.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.636  Meetings of Board: Submission by member school of item for inclusion on agenda. (NRS 386.430)

     1.  If a member school wishes to submit an item for inclusion on an agenda for a meeting of the Board, the member school shall, if required by the school district in which the member school is located, submit the item to the superintendent of schools of that school district. A member school shall not submit an item pursuant to this section in violation of any policy of the school district in which the member school is located.

     2.  Any item that is submitted to the Board pursuant to this section must be:

     (a) Signed by the principal of the member school; and

     (b) Submitted to the Board not less than 14 days before the date of the meeting.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.637  Meetings of Board: Submission by member of Board or Legislative Commission of item for inclusion on agenda; consideration of other items. (NRS 386.430)

     1.  A member of the Board may submit an item for inclusion on an agenda for a meeting of the Board at any time before the meeting.

     2.  If a member of the Legislative Commission submits an item for inclusion on an agenda for a meeting of the Board not less than 14 days before the meeting, the Board shall include that item on the agenda and consider the item at the meeting.

     3.  The Board shall not consider an item that is submitted for inclusion on an agenda for a meeting of the Board pursuant to this section and NAC 386.636 if the item is not submitted in accordance with those sections. The Board may, by a majority vote of the members of the Board at the beginning of a meeting of the Board, add to the agenda for that meeting an item for which the Board will not take any action.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.638  Meetings of Association or Board: Rules of conduct; motions. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.600 to 386.886, inclusive, Robert’s Rules of Order govern the conduct of each meeting of the Association or Board.

     2.  A motion to reconsider an item that has been voted on pursuant to NAC 386.635:

     (a) Must be made during the same meeting the vote was cast for the item; and

     (b) May be made only by a member of the Board who voted affirmatively for the item, if the item was adopted, or negatively for the item, if the item was not adopted.

     3.  A motion to rescind an item specified in subsection 2 may be made at any time by a member of the Board.

     4.  Except as otherwise provided in this subsection, a person may address the Board for not more than 5 minutes concerning any motion under consideration by the Board. The provisions of this subsection do not apply to any period during which a person responds to a question submitted to the person by a member of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.639  Board: Emergency action by telephone. (NRS 386.430)

     1.  If the President of the Board and the Executive Director determine that an emergency exists concerning an interscholastic activity, the Board may, by telephone, take any action concerning that emergency.

     2.  If the Board takes any action by telephone, the Board shall:

     (a) Before the next regularly scheduled meeting of the Board that is held after the Board takes the action, mail or electronically submit a copy of the results of the action to each member school, member of the Board and superintendent of schools of each school district in this State; and

     (b) Include a copy of the results of the action in the minutes of the meeting specified in paragraph (a).

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.640  Board: Selection of members to attend certain national meetings. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, the Board shall, at a meeting of the Board conducted on or before March 31 of each year, choose the members of the Board who may attend any meeting of the National Federation of State High School Associations, or its successor organization, that is conducted during that year.

     2.  The Board may not choose a member of the Board to attend a meeting of the National Federation of State High School Associations, or its successor organization, if the meeting is conducted during the final year of his or her term as a member of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.641  Legislative Commission: Composition; voting; adoption of policies; meetings. (NRS 386.430)

     1.  The Legislative Commission consists of the superintendent of schools of each school district in this State. Each member of the Legislative Commission is entitled to one vote on any matter on which the Legislative Commission takes action. The Legislative Commission may adopt policies for the Association.

     2.  If the superintendents specified in subsection 1 conduct a regularly scheduled meeting of the superintendents, the Legislative Commission shall, concurrently with that meeting, conduct a meeting of the Legislative Commission.

     3.  Except as otherwise provided in subsection 2, the Legislative Commission shall, upon the request of a majority of its members, meet at such times and places as are designated by the Legislative Commission. The Legislative Commission shall, at least 10 days before conducting a meeting, provide a written notice of the meeting to each member of the Legislative Commission.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.642  Legislative Commission: Restrictions on authority to amend policies. (NRS 386.430)

     1.  Except as otherwise provided in this section, the Legislative Commission shall not, at a meeting of the Legislative Commission, amend any policy adopted by the Association unless the Executive Director provides a written notice of the proposed amendment to each member of the Legislative Commission at least 10 days before the meeting.

     2.  The Legislative Commission may, at any meeting of the Legislative Commission, waive the requirement of a written notice of a meeting specified in subsection 1 if each member of the Legislative Commission attends the meeting and votes to waive that requirement.

     3.  The Legislative Commission shall not amend a policy adopted by the Association at any meeting of the Legislative Commission unless the amendment is adopted by at least a two-thirds majority of the quorum present at the meeting.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.643  Compensation of members or employees of Board or Legislative Commission while engaged in business of Association. (NRS 386.430)

     1.  While engaged in the business of the Association, each member or employee of the Board or Legislative Commission is entitled to receive reimbursement for the actual cost of transportation incurred by the member or employee if, as determined by the Executive Director, the transportation is conducted by the most economical means. In making such a determination, the Executive Director shall consider the total cost of the transportation, the time the member or employee spent traveling and the salary of the member or employee.

     2.  While engaged in the business of the Association, each member or employee of the Board or Legislative Commission is entitled to receive the per diem allowance provided for state officers and employees generally.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.644  Executive Director: Employment; duties; bond; annual financial statement. (NRS 386.430)

     1.  The Board shall employ an Executive Director for a term set forth in his or her contract of employment with the Board.

     2.  The Executive Director is the Chief Administrative Officer of the Association and shall carry out the duties set forth in the regulations of the Association and the contract of employment with the Board.

     3.  Before acting in the capacity of Executive Director, the Executive Director shall file with the Association a bond in an amount of not less than $20,000. The Association will pay the premium for the bond.

     4.  The Executive Director shall annually, after an audit of the Association is conducted by a certified public accountant, submit to the Association a financial statement concerning the Association. The Association will pay the cost of conducting the audit.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.645  Executive Director: General duties. (NRS 386.430)

     1.  The Executive Director shall:

     (a) Carry out the duties and activities of the Association, including, without limitation, maintaining an office of the Association in accordance with the bylaws and policies of the Association;

     (b) Prepare and distribute to each school a directory of information that includes a list setting forth the name of each school and any other information specified by the Board;

     (c) Prepare and provide to each member of the Association any form or other information required to conduct the business of the Association;

     (d) Investigate any alleged violation of the regulations adopted by the Association that is reported to him or her or of which he or she otherwise becomes aware and report the results of the investigation and any action taken to the Board;

     (e) Review any dispute concerning a school that is submitted in writing to the Executive Director and issue a decision concerning the dispute in accordance with the regulations adopted by the Association and its bylaws;

     (f) Notify each member of the Board concerning any matter for which the member may be requested to provide information relating to the Association or any activity of the Association;

     (g) If required to conduct the business of the Association, request a member of the Board to assist in performing a duty of the Executive Director relating to that business;

     (h) Determine the eligibility of pupils in accordance with NAC 386.776 to 386.832, inclusive;

     (i) Carry out any request of the Board that is set forth in the minutes of any meeting of the Board;

     (j) Not less than 14 days before each meeting of the Board, prepare an agenda for the meeting that includes, without limitation, any information available to the Executive Director concerning an item on the agenda and any recommendation of the Executive Director, and distribute the agenda to each school and member of the Board;

     (k) Not later than 14 days after each meeting of the Board and any meeting called by the President of the Board, ensure that accurate minutes of each of those meetings are recorded and distributed to each member of the Board;

     (l) Make recommendations to and prepare for the Board a proposed amendment of any regulation adopted by the Board;

     (m) Monitor the effectiveness of each policy or bylaw of the Association and recommend to the Board any amendment of a policy or bylaw;

     (n) As soon as practicable after receiving any legal document concerning the Association, including, without limitation, any attorney’s opinion or contract of the Association, submit the document to the Board;

     (o) Organize, supervise and certify sports officials in the manner specified by the Board pursuant to subsection 5 of NAC 386.632;

     (p) Within 45 days after any meeting of the Board in which a policy of the Association is adopted or amended, revise any publication of the Association that includes the policies of the Association to include the adopted or amended policy;

     (q) Recommend to the Board any activity that may promote an interscholastic activity other than an athletic program, including, without limitation, speech, drama and music festivals and any activity of the Nevada Association of Student Councils or its successor organization; and

     (r) Not later than May 1 of each year, prepare and submit to the Board an annual report summarizing the activities of the Association for the preceding year and any goals of the Association for the next fiscal year.

     2.  The Executive Director serves as an ex-officio member of the Board and Legislative Commission and any committee that is specified in the bylaws of the Association or whose members are appointed by the President of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.646  Executive Director: Interpretation of policies and regulations of Association; attendance of meetings of Legislative Commission; program to educate general public; newsletter. (NRS 386.430)  The Executive Director shall:

     1.  Represent the Association and interpret the policies and regulations adopted by the Association for members of the general public and the media;

     2.  Upon request by a school, provide to the school an interpretation of any policy or regulation adopted by the Association;

     3.  Provide assistance to each officer of a class or league relating to the interpretation of the policies and regulations adopted by the Association;

     4.  If practicable, attend each meeting of the Legislative Commission with the President of the Board and, if requested by him or her, assist the President in interpreting any decision of the Board for the Legislative Commission;

     5.  Develop and recommend to the Board a program to educate the members of the general public concerning the Association and the programs, policies and regulations adopted by the Association; and

     6.  Periodically publish and distribute a newsletter concerning the activities of the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.647  Executive Director: Fiscal duties. (NRS 386.430)  The Executive Director shall:

     1.  Maintain a system of accounting for the receipts and expenditures of the Association for each fiscal year beginning on July 1 and ending on June 30 of each year;

     2.  Prepare and submit to the Board a budget for the Association for each fiscal year specified in subsection 1;

     3.  Submit to the Board at each meeting of the Board a financial report that specifies:

     (a) The sources of revenue for the Association;

     (b) The expenditures of the Association; and

     (c) The beginning and ending balances for each category set forth in the budget of the Association;

     4.  Monitor the finances of the Association and recommend to the Board any measure that ensures that those finances remain fiscally sound;

     5.  Submit to the Board the name of an auditor for selection by the Board to conduct an audit of the accounts of the Association;

     6.  Ensure that the auditor selected pursuant to subsection 5 conducts an audit of the accounts of the Association not later than August 31 of each year;

     7.  If the Board conducts a meeting during September of any year, submit to the Board during that meeting a report which includes the results of the audit conducted for the immediately preceding fiscal year pursuant to subsection 6;

     8.  Receive all dues and other money paid to the Association and disburse the dues and money in accordance with the regulations, budget and policies of the Board;

     9.  Prepare and receive bids for purchases that exceed $2,500 in accordance with NAC 386.626;

     10.  Collect any fees imposed by the Association in a timely manner;

     11.  Establish and carry out a program of investment for the Association;

     12.  Ensure that the Association does not incur expenses that exceed the amount of money available for expenditure by the Association for a fiscal year; and

     13.  Ensure that each donation received or made by the Association is approved by the Board at a regularly scheduled meeting of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.648  Executive Director: Duties regarding employees of Association. (NRS 386.430)  The Executive Director shall:

     1.  Upon approval by the Board, appoint and supervise each employee of the Association;

     2.  Recommend to the Board policies and regulations governing all matters relating to the employees of the Association, including, without limitation, the use of sick leave and other leave, vacation time, travel, attendance at out-of-state events, grievances, payroll and evaluations of performance;

     3.  Ensure that any legal matter concerning an employee of the Association is presented to the Board in a timely and complete manner;

     4.  Obtain the approval of the Board before authorizing the use of any money of the Association for out-of-state travel, other than travel that is approved by the President of the Board in an emergency; and

     5.  Ensure that each evaluation of an employee of the Association is:

     (a) Conducted within the period required for that evaluation pursuant to regulations adopted by the Association; and

     (b) Reviewed by the President and Vice President of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.649  Executive Director: Legislative and other duties. (NRS 386.430)  The Executive Director shall:

     1.  During and after each session of the Legislature, review any legislation that is enacted relating to the Association or any interscholastic activity that is regulated by the Association;

     2.  Prepare and submit to the Board any recommendations for legislation to improve the Association or any program of the Association;

     3.  Upon approval by the Board, assist the President of the Board in conducting any lobbying activity during a session of the Legislature; and

     4.  Perform any other duty assigned to him or her by the Board or the President of the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.650  Executive Director: Duties regarding play-offs and tournaments; program to encourage awareness and attendance; monitoring of travel. (NRS 386.430)  The Executive Director shall:

     1.  Recommend to the Board the adoption of any policy or regulation that ensures that each tournament for a sanctioned sport is conducted in accordance with the policies and regulations adopted by the Association;

     2.  For each tournament that is conducted for a sanctioned sport:

     (a) Except as otherwise provided in subsection 3, appoint a director for the tournament;

     (b) Except as otherwise provided in NAC 386.727, 386.729 and 386.753, determine a suitable location and establish a schedule for conducting the tournament; and

     (c) Supervise compliance with the schedule established pursuant to paragraph (b);

     3.  If requested by the Board, serve as the tournament director for each state tournament for basketball and football;

     4.  If practicable, attend each play-off and state tournament for a sanctioned sport;

     5.  Establish a program to encourage awareness and attendance by members of the general public at any interscholastic activity that is sponsored by the Association;

     6.  As soon as practicable after each tournament for a sanctioned sport, prepare and submit to the Board a statement setting forth the amount of profit or loss for the Association for the tournament;

     7.  Develop and submit to the Board policies for making tournaments fiscally sound;

     8.  Negotiate any contract that is required to use any facility, equipment or service for conducting a play-off or state tournament;

     9.  Monitor each tournament that is sponsored by a member school; and

     10.  Monitor the amount of travel engaged in by each member school to attend an interscholastic activity in another state.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.651  Executive Director: Establishment of procedures regarding inventory of tickets for events. (NRS 386.430)  The Executive Director shall establish or cause to be established a procedure for creating, auditing and distributing an inventory of all tickets that are used at any event sponsored by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.652  Membership in Association: Nevada high school or affiliate school. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.6546 and 386.6549, any public high school in this State may apply to the Board for membership in the Association. The application must be submitted:

     (a) On a form approved by the Association; and

     (b) Not later than July 1 of the year in which the school applies for membership in the Association.

     2.  The Board shall approve an application submitted pursuant to subsection 1 if:

     (a) The board of trustees or governing board of the school adopts the regulations of the Association as its code governing interscholastic activities;

     (b) The applicant pays the annual dues required pursuant to NAC 386.655; and

     (c) The applicant agrees to comply with the policies and regulations of the Association.

     3.  A high school that is located in Arizona, California, Idaho, Oregon or Utah may submit an application to the Board for admission as an affiliate school. The application must be submitted:

     (a) On a form approved by the Association; and

     (b) Not later than July 1 of the year in which the school applies for membership in the Association.

     4.  A high school that submits an application pursuant to subsection 3 may be admitted as an affiliate school if:

     (a) The school is recommended for membership in the Association by:

          (1) A member school; and

          (2) The committee appointed by the Executive Director to inspect the facilities of the school;

     (b) The school submits to the Association specific information relating to the athletic programs of the school and any other information that may assist the Association in considering the application;

     (c) The school complies with the requirements of the Association for accreditation;

     (d) After considering the possible effect the addition of the school will have upon out-of-state school time, costs of transportation, costs of per diem allowances, duration of seasons and factors concerning the level of competition among schools, the school is approved for membership by at least two-thirds of the schools that are assigned to the class and league of which the school will be a member;

     (e) The school pays a nonrefundable fee of $850 for the application; and

     (f) The Board and the Legislative Commission approve the application.

     5.  The Executive Director shall, within 30 days after the Board and Legislative Commission approve or deny an application, notify the applicant in writing of the decision of the Board and Legislative Commission.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R173-12, 2-26-2014; R128-13, 6-23-2014)

      NAC 386.653  Membership in Association: Private high school. (NRS 386.430, 386.450)

     1.  Except as otherwise provided in NAC 386.6546 and 386.6549, any private high school in this State may apply for membership in the Association by submitting a written request to the Executive Director.

     2.  Except as otherwise provided in subsection 6, upon receipt of a written request submitted pursuant to subsection 1, the Executive Director shall place the school on independent status for 2 years beginning on the date the written request is received. A school that is placed on independent status may, during the period in which the school is on independent status, schedule a game, contest or meet with a member or affiliate school for a season for a sanctioned sport. The school may not, during the period in which it is on independent status, participate in any game, contest or meet for a sanctioned sport that is conducted after the regular season for that sanctioned sport.

     3.  A school that is placed on independent status shall, if the class into which the school is placed conducts a meeting of the class not later than August 31 of the year after the school is placed on independent status, attend the meeting of the class and submit a request for membership in the Association at that meeting. As soon as practicable after the meeting, the members of the class shall evaluate:

     (a) The facilities of the school; and

     (b) The extent to which the school has complied with:

          (1) The schedule of the school for participating in games, contests or meets pursuant to this section; and

          (2) The regulations of the Association concerning participation by the school in a sanctioned sport.

     4.  As soon as practicable after conducting an evaluation of a school pursuant to subsection 3, the class shall submit to the Board a recommendation to approve or deny the written request of the school for membership in the Association.

     5.  If the Board approves a written request for membership in the Association pursuant to subsection 4, the Board shall, in accordance with NAC 386.667, place the school in a class and align it in a league for the school year after the Board approves the request.

     6.  On and after August 1, 2012:

     (a) Each school that submits a written request for membership in the Association pursuant to subsection 1 must have at least one athletic program for boys and at least one athletic program for girls during the fall season, winter season and spring season of each school year.

     (b) If the Board receives a written request for membership in the Association pursuant to subsection 1, the Board shall, based upon twice the number of pupils specified in the report of enrollment submitted for the school for the first month of the school year immediately preceding the school year in which the Board considers the written request, place the school in a class and align it in a league pursuant to NAC 386.667.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08, 5-5-2011; R173-12, 2-26-2014; R128-13, 6-23-2014)

      NAC 386.654  Membership in Association: Provisional membership. (NRS 386.430)

     1.  The Board and the Legislative Commission may, by a majority vote, grant a provisional membership in the Association to a school that receives financial support from this State or any county in this State and only accepts pupils who are wards of a court. A school that is a provisional member of the Association:

     (a) Shall comply with the regulations of the Association; and

     (b) Upon approval by the Board, may participate in any league, regional or state tournament.

     2.  A pupil enrolled in a school that is a provisional member of the Association may, for 30 days after the school is granted provisional membership, participate in a sanctioned sport without complying with the provisions of NAC 386.776 to 386.832, inclusive, concerning academic eligibility. Upon the expiration of that period, the pupil must comply with those sections before participating in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.6543  Membership in Association: Application for associate membership. (NRS 386.430)

     1.  Any high school in this State may apply to the Board for associate membership in the Association. The application must be submitted:

     (a) On a form approved by the Association; and

     (b) Not later than:

          (1) July 1 of the year in which the school applies for associate membership, if the application is the initial application submitted by the school; or

          (2) November 1 of the year immediately preceding the year in which the school applies for associate membership, if the application is submitted by a current member school.

     2.  In addition to the provisions of subsection 1, an applicant for associate membership in the Association must submit, together with the application, a letter setting forth the reasons for submitting the application which is signed by:

     (a) If the applicant is a public school:

          (1) The principal of the school;

          (2) The superintendent of schools of the school district in which the school is located; and

          (3) The board of trustees of that school district; or

     (b) If the applicant is a private school:

          (1) The principal or other person in charge of the school;

          (2) The administrative head of the school; and

          (3) The governing body of the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R128-13, eff. 6-23-2014)

      NAC 386.6546  Membership in Association: Associate membership. (NRS 386.430)

     1.  The Board may approve an application submitted pursuant to NAC 386.6543 if:

     (a) The board of trustees or governing body of the school adopts the regulations of the Association as its code governing interscholastic activities;

     (b) The applicant pays the annual dues required pursuant to NAC 386.655;

     (c) The applicant agrees to comply with the policies and regulations of the Association; and

     (d) The Board determines that granting associate membership to the school will not compromise the competitive integrity of the league in which the school is aligned pursuant to NAC 386.667.

     2.  A high school that is granted associate membership in the Association pursuant to this section:

     (a) May participate on a restricted schedule approved by the Board in each sanctioned sport against any member school or affiliate school;

     (b) May not participate in any state championship for a sanctioned sport; and

     (c) May not apply for or hold any other type of membership in the Association until the next time the Board aligns the school in a league pursuant to NAC 386.667 after granting associate membership to the school.

     3.  If the Board grants associate membership to a high school pursuant to this section, the Board shall, at the time the Board aligns the school in a league pursuant to NAC 386.667, determine the number of games, contests or meets in which the school may participate for each sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R128-13, eff. 6-23-2014)

      NAC 386.6549  Membership in Association: Limited membership. (NRS 386.430)

     1.  Any high school in this State may apply to the Board for limited membership in the Association. The application must be submitted:

     (a) On a form approved by the Association; and

     (b) Not later than July 1 of the year in which the school applies for that membership.

     2.  The Board may approve an application submitted pursuant to subsection 1 if:

     (a)  The board of trustees or governing board of the school adopts the regulations of the Association as its code governing interscholastic activities;

     (b) The applicant pays annual dues in the amount of $5,000; and

     (c) The applicant agrees to comply with the policies and regulations of the Association.

     3.  A high school that is granted limited membership in the Association pursuant to this section:

     (a) May participate on a restricted schedule in each sanctioned sport determined pursuant to subsection 4;

     (b) May not participate in a league, regional or state tournament for a sanctioned sport; and

     (c) May not include on its roster for any sanctioned sport a pupil who:

          (1) Is a resident of this State;

          (2) Has attended a high school for more than 4 years; or

          (3) Has received a high school diploma or general equivalency diploma.

     4.  For each high school that is granted limited membership in the Association pursuant to this section, the Board shall annually determine the number of games, contests or meets in which the school may participate for each season for each sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R173-12, eff. 6-23-2014)

      NAC 386.655  Membership in Association: Amount and payment of annual dues; imposition and amount of special assessment. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.6549, if a school enrolls less than 600 pupils during a school year, the annual dues for the membership of the school in the Association for that school year is $850. If a school enrolls at least 600 pupils during a school year, the annual dues for the membership of the school in the Association is $1.50 for each pupil who is enrolled in the school for that school year.

     2.  Each school shall pay the annual dues specified in subsection 1 not later than August 1 of each year. The Executive Director may require a school to pay a penalty in an amount determined by the Board if the school fails to pay the annual dues for the school later than August 21 of that year.

     3.  The Board may impose a special assessment against each school. Any special assessment imposed against a school pursuant to this subsection must not exceed 20 percent of the annual dues paid by that school for the year in which the Board imposes the special assessment.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R173-12, 2-26-2014)

      NAC 386.656  Membership in Association: Withdrawal and reinstatement. (NRS 386.430)

     1.  Any school that wishes to withdraw its membership in the Association or wishes to reinstate its membership in the Association must apply to the Board. The application must be submitted on a form approved by the Board and include:

     (a) Such information as the Board requires to evaluate the effect of the proposed withdrawal or reinstatement of membership upon the interscholastic activities of the Association; and

     (b) A nonrefundable fee of $850.

     2.  Upon receipt of an application and fee pursuant to subsection 1, the Board shall solicit comments from each member of the Association concerning the extent to which the proposed withdrawal or reinstatement of membership affects the interscholastic activities of the Association, including, without limitation:

     (a) Out-of-state school time;

     (b) Costs of transportation and per diem allowances;

     (c) The duration of seasons; and

     (d) Factors concerning the level of competition among schools.

     3.  The Board shall notify the applicant, in writing, of the date, time and place of the hearing concerning the application. Representatives of the applicant and each member of the Association may appear at the hearing and testify before the Board concerning the effect of the proposed withdrawal or reinstatement of membership on the interscholastic activities of the Association. Before the Board may reinstate the membership of a school in the Association, the Board shall evaluate the reasons the school withdrew its membership in the Association and establish the conditions for reinstating any activity that was cancelled because of the withdrawal.

     4.  Not later than 30 days after conducting a hearing pursuant to subsection 3, the Board shall issue a decision relating to the application and mail a copy of the decision to the applicant and the Executive Director.

     5.  Not later than 15 days after a decision is issued pursuant to subsection 4, the Executive Director shall submit a written notice to the Legislative Commission indicating that the Executive Director has received the application and a copy of the decision of the Board. Upon receipt of the written notice, the Legislative Commission shall place the application on the agenda for the next regularly scheduled meeting of the Legislative Commission. The Legislative Commission shall mail to the applicant a notice setting forth the date, time and place of the meeting.

     6.  At the date, time and place fixed for the meeting, the applicant and a representative of the Board may testify before the Legislative Commission concerning the proposed withdrawal or reinstatement of membership.

     7.  Not later than 30 days after the hearing, the Legislative Commission shall issue its decision and mail a copy of the decision to the applicant and the Board.

     8.  The decision of the Legislative Commission is a final decision and binding on the applicant and the Board.

     9.  The office of the Executive Director shall:

     (a) Provide administrative, legal and clerical support for the Legislative Commission and the Board; and

     (b) If money is available for that purpose, reimburse any per diem and travel expenses incurred by the Legislative Commission or the Board in conducting a hearing or issuing a decision pursuant to this section.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.657  Membership in Association: Revocation of membership of affiliate school. (NRS 386.430)

     1.  The Executive Director may revoke the membership of an affiliate school in the Association if:

     (a) A member school recommends the revocation;

     (b) The revocation is approved by at least two-thirds of the schools that are assigned to the class and league of which the school is a member; and

     (c) The Board and the Legislative Commission approve the revocation.

     2.  The Executive Director shall, within 30 days after the Board and Legislative Commission approve or deny the revocation of the membership of the affiliate school in the Association, notify the affiliate school in writing of the decision of the Board and Legislative Commission.

     3.  If the membership of an affiliate school is considered for revocation pursuant to this section, the Executive Director shall, until the affiliate school is notified in writing pursuant to subsection 2, notify the affiliate school of each hearing in which the revocation is considered. A representative or legal counsel of the affiliate school may appear at any such hearing to present evidence and cross-examine witnesses.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.658  Principal of member school: Responsibility to Association; delegation of authority; approval of interscholastic activity. (NRS 386.430)

     1.  The principal of each member school is responsible to the Association in all matters relating to interscholastic activities, including, without limitation, ensuring the eligibility of pupils at the member school to participate in a sanctioned sport.

     2.  If a principal of a member school delegates his or her authority pursuant to NAC 386.600 to 386.886, inclusive, to a member of the staff of the member school, the principal remains responsible for any violation of those sections that is committed by the member of the staff during any period in which he or she exercises any authority delegated to him or her pursuant to those sections.

     3.  A member school shall not schedule or conduct an interscholastic activity without first obtaining the approval of the principal of the member school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.659  Principal of member school: Registration of participants in sanctioned sports. (NRS 386.430)  The principal of each member school shall ensure that each pupil enrolled in the member school who participates in a sanctioned sport is registered pursuant to NAC 386.777. The principal may not delegate the duty imposed pursuant to this section to another person.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.660  Principal of member school: Submission of information required to publish directory of schools. (NRS 386.430)  The principal of each member school shall, not later than June 15 of each year, submit to the Executive Director, on a form provided by the Association, any information relating to the school that is required by the Executive Director to publish a directory of schools for the Association. Such information includes, without limitation, the name and telephone number of the principal and the name and telephone number of each coach of a sanctioned sport at the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.661  Member school: Supervision of team or group. (NRS 386.430)

     1.  The principal of each member school or a designee thereof shall, as a representative of the member school, accompany each team or group from the member school to each game, contest or meet in which the team or group participates. The principal or designee shall exercise reasonable care in supervising the team or group during any period in which he or she accompanies the team or group pursuant to this subsection.

     2.  Each member school is responsible for all acts of the members of a team or group during any period in which the team or group is conducting an athletic trip.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.662  Administrative organization: Appointment of members; election of officers. (NRS 386.430)

     1.  Each school that is placed in a class pursuant to NAC 386.667 may appoint a principal, assistant principal or athletic director of the school to serve as a member of an administrative organization for the class.

     2.  Each administrative organization may, on or before the last day of the first week in May of each year, elect from among its members a president, vice president and secretary.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.663  Administrative organization: Powers and duties. (NRS 386.430)  An administrative organization established pursuant to NAC 386.662:

     1.  Shall comply with the provisions of NAC 386.600 to 386.886, inclusive;

     2.  Shall not adopt a regulation that conflicts with a provision of NAC 386.600 to 386.886, inclusive, except that the administrative organization may adopt a regulation relating to participation in a sanctioned sport by a school that is placed in the class that is stricter than any provision of those sections;

     3.  Shall not prohibit a person or school from appealing any decision to the Executive Director in accordance with NAC 386.600 to 386.886, inclusive;

     4.  May approve a schedule for the class for participation in a sanctioned sport;

     5.  May establish qualifications for participation in a state tournament for a team of a school that is placed in the class; and

     6.  May conduct a league, regional or state tournament in the manner specified by the Board and the tournament committee for the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.664  Administrative organization: Regular and special meetings. (NRS 386.430)

     1.  Each administrative organization established pursuant to NAC 386.662 shall conduct at least two regular meetings of the administrative organization each year. The administrative organization shall, at least 10 days before conducting a meeting pursuant to this section, provide a written notice of the meeting to each school that is placed in the class pursuant to NAC 386.667. A written notice of a regular meeting provided to a school pursuant to this section must include an agenda for the meeting.

     2.  An administrative organization may, at any regular meeting of the organization, take action on any item regardless of whether the item is set forth in the written notice or agenda for the meeting.

     3.  The president of an administrative organization or a majority of the schools that are placed in a class pursuant to NAC 386.667 may call a special meeting of the administrative organization by providing at least 10 days’ written notice of the special meeting to each school in that organization setting forth the date, time and place of the meeting.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.665  Private schools: Selection and duties of liaison for Board; annual meetings. (NRS 386.430)

     1.  The private schools in this State that are member schools shall, every 2 years, select a principal or an athletic administrator of such a school to serve as a liaison for the Board for a term of 2 years. A principal or athletic administrator who is selected as a liaison for private schools pursuant to this section:

     (a) Serves as the president of the private schools during the period in which he or she serves as a liaison for the Board;

     (b) Shall conduct the annual meeting of private schools required pursuant to subsection 2; and

     (c) Shall communicate with the private schools concerning issues of the Association during each year as required by the Board.

     2.  Each president selected pursuant to subsection 1 shall conduct an annual meeting. Each private school specified in subsection 1 shall attend the meeting. At least 10 days before the meeting, the president shall submit a written notice to each of those private schools setting forth the date, time and place of the meeting. The written notice must include an agenda for the meeting. The agenda must:

     (a) Set forth each item that will be discussed at the meeting; and

     (b) Include at least one item relating to membership of private schools in the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08, 5-5-2011)

      NAC 386.666  Association and member schools: Responsibility for uniformity and coordination of interscholastic activities. (NRS 386.430)  The Association and each member school shall carry out its duties in a manner that ensures uniformity and coordination of interscholastic activities in this State.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.667  Classification and alignment of schools: General requirements; effective period; considerations; request for pupil or team to participate in another classification, league or region. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.6549, the Board shall, not later than September 1, 2006, and every 4 years thereafter, appoint a committee to place each school in a class and align that school in a league or region. The committee must consist of the members of the Board who are selected by the Board for that purpose and one or more representatives from each classification of schools who are selected by the Board for that purpose. As soon as practicable after the creation of the committee, the committee shall consider the requirements for the classification of each school pursuant to subsection 3 along with any relevant considerations set forth in subsection 4 and submit to the Board a written recommendation for the classification and alignment of each school. The written recommendation must be submitted on or before the date specified by the Board for that purpose.

     2.  As soon as practicable after receiving the written recommendation, the Board shall conduct a public hearing to consider the written recommendation. The Board shall provide a notice to each school setting forth the date, time and place of the hearing. The classification and alignment of each school must be determined by a majority vote of the Board. A determination of the Board relating to a written recommendation of the committee is final and binding on each school. The initial classification and alignment of a school approved by the Board pursuant to this section becomes effective on August 1, 2008. A classification and alignment of a school approved after that date and before August 1, 2012, becomes effective on August 1, 2012. Each 4 years thereafter, any classification and alignment made during the 4-year period becomes effective on August 1 at the end of the 4-year period.

     3.  Except when a different determination is justified based on a consideration set forth in subsection 4, the Board and the committee appointed pursuant to subsection 1 shall, based upon the report of enrollment submitted for the school for the first school month of the school year immediately preceding the school year in which the Board and the committee consider the classification and alignment of a school pursuant to subsection 1, place the school in:

     (a) Class 1A, if not more than 169 pupils are enrolled in the school;

     (b) Class 2A, if not less than 170 but not more than 460 pupils are enrolled in the school;

     (c) Class 3A, if not less than 461 but not more than 1,200 pupils are enrolled in the school; or

     (d) Class 4A, if 1,201 or more pupils are enrolled in the school.

     4.  In determining the classification and alignment of a school pursuant to this section, the Board and the committee may consider:

     (a) Any geographic factors relating to the school;

     (b) The requirements of the school to travel to an interscholastic activity;

     (c) Any traditional rivalries of the school;

     (d) Any financial factors relating to any interscholastic activities conducted at or by the school;

     (e) Any competitive factors relating to the school; and

     (f) On and after August 1, 2012, whether the school has at least one athletic program for boys and at least one athletic program for girls during the fall season, winter season and spring season of a school year.

     5.  Except as otherwise provided in this section, the Board shall not revise the classification or alignment of a school more than once every 4 years.

     6.  If, during the 4 years after a school is classified and aligned pursuant to this section, the enrollment of pupils in the school, based on the report of enrollment for the school for a school year, exceeds the maximum number required for its classification pursuant to subsection 3 or falls below the minimum number of pupils required for that classification based on that report of enrollment, the school shall notify the Association of that fact.

     7.  If a school notifies the Association pursuant to subsection 6 that the number of pupils in the school exceeds the maximum number of pupils required for its classification pursuant to subsection 3, the Board shall:

     (a) As soon as practicable after receiving the notice, notify the school that the Board will make a determination of the classification of the school for the next school year pursuant to paragraph (b).

     (b) Based upon the report of enrollment for the school for the next school year, determine whether the number of pupils enrolled in the school exceeds the maximum number of pupils required for its classification. If the Board determines that the number of pupils enrolled in the school exceeds the maximum number required for its classification based on the report of enrollment, the Board shall designate the school for placement into the next highest classification for the next school year and the school year immediately following that school year. If the Board determines that the number of pupils enrolled in the school does not exceed the maximum number required for its classification based on the report of enrollment, the Board shall allow the school to remain in the classification into which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6.

     8.  If, during the second school year in which a school is designated for placement into a higher classification pursuant to paragraph (b) of subsection 7, the Board determines that, based on the report of enrollment for the second school year, the number of pupils enrolled in the school:

     (a) Continues to exceed the maximum number of pupils required for the classification into which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6, the Board shall place the school into the higher classification in which the school was designated for placement pursuant to paragraph (b) of subsection 7.

     (b) Does not continue to exceed the maximum number required for the classification into which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6, the Board shall allow the school to remain in that classification.

     9.  If a school notifies the Association pursuant to subsection 6 that the number of pupils enrolled in the school is less than the minimum number of pupils required for its classification pursuant to subsection 3, the Board shall:

     (a) As soon as practicable after receiving the notice, notify the school that the Board will make a determination of the classification of the school for the next school year pursuant to paragraph (b).

     (b) Based upon the report of enrollment for the school for the next school year, determine whether the number of pupils enrolled in the school is less than the minimum number of pupils required for its classification. If the Board determines that the number of pupils enrolled in the school is less than the minimum number of pupils required for its classification based on the report of enrollment, the Board shall designate the school for placement into the next lowest classification for the next school year and the school year immediately following that school year. If the Board determines that the number of pupils enrolled in the school is not less than the minimum number of pupils required for its classification based on the report of enrollment, the Board shall allow the school to remain in the classification in which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6.

     10.  If, during the second school year that a school is designated for placement into a lower classification pursuant to paragraph (b) of subsection 9, the Board determines that, based on the report of enrollment for the second school year, the number of pupils enrolled in the school:

     (a) Continues to be less than the minimum number of pupils required for the classification into which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6, the Board shall place the school into the lower classification for which the school was designated for placement pursuant to paragraph (b) of subsection 9.

     (b) Does not continue to be less than the minimum number required for the classification into which it was placed at the time the school submitted the notice to the Association pursuant to subsection 6, the Board shall allow the school to remain in that classification.

     11.  Within each classification established pursuant to this section, the Board:

     (a) Shall align at least two leagues within the classification consisting of at least two schools in each of those leagues; and

     (b) May align not less than two regions within the classification consisting of at least two leagues in each of those regions.

     12.  If a school believes that a pupil or team of the school is unable to participate successfully in a sanctioned sport or that it is in the best interests of the pupil or team to participate in the sanctioned sport in a classification that is higher or lower than the classification of the school or in a league or region that is aligned in a classification other than the classification of the school, the school may submit a written request to the Board to allow the pupil or team, based upon the factors set forth in subsection 4, to participate in a classification, league or region other than the classification, league or region in which the school is placed or aligned pursuant to this section. The Board shall include each written request received pursuant to this subsection on the agenda for the next regularly scheduled meeting of the Board, if the Board receives the written request before that meeting or before any other date specified by the Board for the submission of items for that meeting. Each school that submits a written request pursuant to this subsection has the burden of establishing that, if the written request is approved, the participation of the school in another classification will improve the competitive balance among the schools to which the written request applies. To become effective for a school year, each appeal submitted pursuant to NAC 386.6685 concerning the written request must be heard and a final decision rendered on the appeal at a regularly scheduled meeting of the Board held during September or November of that school year. Any written request that the Board approves pursuant to this subsection:

     (a) Is subject to any term or condition specified by the Board for the written request, including, but not limited to, the year or season in which the placement of a school into another classification pursuant to this section will begin; and

     (b) Is a final decision and binding on each school to which the written request applies.

     13.  As used in this section, “report of enrollment” means a report setting forth the enrollment of a school that is submitted by:

     (a) The board of trustees of a school district pursuant to NRS 387.303; or

     (b) The principal or other person in charge of a private school pursuant to NRS 394.130.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007; R207-08, 5-5-2011; R173-12, 2-26-2014)

      NAC 386.668  Classification and alignment of schools: Submission by school of recommendation for alignment. (NRS 386.430)  Each school that is placed in a class pursuant to NAC 386.667 may, on or before September 1 of each year, submit a recommendation to the Board relating to the alignment of a school in a league pursuant to that section.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.6685  Classification and alignment of schools: Appeal by school. (NRS 386.430, 386.440)  On or before September 1 of each year, each school that is placed in a class and aligned in a league or region pursuant to NAC 386.667 may, for any reason specified by the Board, appeal the placement or alignment to the Board pursuant to NAC 386.850 to 386.858, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R105-06, eff. 9-18-2007)

      NAC 386.669  Sanctioned sports: Designation; amendment of list; insufficient participation; prohibition. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, the Association hereby designates each of the following sports as a sanctioned sport:

     (a) For boys:

          (1) Baseball;

          (2) Basketball;

          (3) Bowling;

          (4) Cross-country;

          (5) Football;

          (6) Golf;

          (7) Skiing:

          (8) Soccer;

          (9) Swimming and diving;

          (10) Tennis;

          (11) Track and field;

          (12) Volleyball; and

          (13) Wrestling; and

     (b) For girls:

          (1) Basketball;

          (2) Bowling;

          (3) Cross-country;

          (4) Golf;

          (5) Skiing;

          (6) Soccer;

          (7) Softball;

          (8) Swimming and diving;

          (9) Tennis;

          (10) Track and field; and

          (11) Volleyball.

     2.  Except as otherwise provided in subsection 3, the Board may amend the list set forth in subsection 1. If the Board determines that the number of schools participating in a sanctioned sport is insufficient, the Board may take such action as is required to provide for the sponsorship of the sanctioned sport by a school.

     3.  The Board shall not approve boxing as a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.670  Regulations of Association: Submission and notification of proposed amendment. (NRS 386.430)  A person who wishes to propose an amendment of a regulation adopted by the Association must submit the proposed amendment in writing to the Executive Director not less than 45 days before the meeting of the Board in which the proposed amendment will be considered by the Board. Not less than 10 days before each meeting of the Board, the Executive Director shall notify each member school of each proposed amendment of a regulation adopted by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.671  Regulations of Association: Amendment by Board; submission of amendment to Legislative Counsel. (NRS 386.430)

     1.  Except as otherwise provided in NRS 386.430, the Board may amend any regulation adopted by the Association in the manner prescribed in NAC 386.642.

     2.  If the Board amends a regulation pursuant to subsection 1, the Board shall, within 30 days after amending the regulation, submit the amended regulation to the Legislative Counsel.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Scheduling and Conducting Activities

      NAC 386.675  Scheduling of events in manner that results in minimum loss of school time. (NRS 386.430)

     1.  Each class and league established pursuant to NAC 386.667 shall, if practicable, schedule each game, contest or meet in a manner that results in a minimum loss of school time for a school to participate in and travel to the game, contest or meet.

     2.  The Board shall comply with the provisions of subsection 1 if the Board approves any league, regional or state tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.676  Establishment and submission of schedules of events; penalty. (NRS 386.430)

     1.  Each school shall establish a schedule of events for each season for a sanctioned sport in which the school participates. After establishing the schedule, the school shall submit a copy of the schedule to the Association not later than:

     (a) June 15 of each year, if the schedule is established for a sanctioned sport that is conducted during the fall of that year;

     (b) September 15 of each year, if the schedule is established for a sanctioned sport that is conducted during the winter of that year; or

     (c) January 15, if the schedule is established for a sanctioned sport that is conducted during the spring of that year.

     2.  The Association will impose a penalty of $100 against each school that fails to submit to the Association a schedule for a sanctioned sport within the periods prescribed in subsection 1.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.677  Postponement of game, contest or meet. (NRS 386.430)  A school shall not postpone a game, contest or meet unless the school:

     1.  Obtains the approval of the principal of each school that will participate in the game, contest or meet; and

     2.  Complies with the regulations of the Association for the appropriate class for the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.678  Cancellation of game, contest or meet; participation in game, contest or meet after withdrawal of school from Association; penalty. (NRS 386.430)

     1.  A school shall not cancel a game, contest or meet unless it obtains the approval of the Executive Director.

     2.  If a school withdraws its membership in the Association during a season, the school shall indicate on its record “no contest” for each game, contest or meet that is completed by the school after the withdrawal.

     3.  The Association may suspend the membership of a school in the Association if the school violates any provision of this section.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.679  Competition with certain out-of-state schools prohibited. (NRS 386.430)  A school shall not conduct a game, contest or meet with any school that is located in another state if that school is suspended or prohibited from participating in the authorized athletic association of that state.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.680  Competition with certain schools prohibited without approval of Executive Director. (NRS 386.430)  A school shall not, without the approval of the Executive Director, engage in any game, contest, meet or tournament with another school if that school:

     1.  Is not a member school or an affiliate school of the Association; or

     2.  Has been suspended or expelled from the athletic association of the state in which the school is located.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.681  Provision of sufficient physical training and suitable protective clothing to participants. (NRS 386.430)

     1.  Each school shall:

     (a) Ensure that each pupil who participates in a sanctioned sport receives a period of training that is sufficient to condition the pupil physically to participate in the sanctioned sport; and

     (b) Provide suitable protective clothing to each pupil specified in paragraph (a), if such clothing is required to participate in the sanctioned sport.

     2.  Each coach and athletic director of a school shall require each pupil for whom he or she is a coach or athletic director to comply with the requirements of the school relating to training for the sanctioned sport in which the pupil participates.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.682  Use of equipment provided by private company that sponsors participant. (NRS 386.430)  A pupil who participates in a sanctioned sport at a school and who is sponsored by a private company may wear any equipment provided by the private company if:

     1.  The equipment does not replace the uniform for the school or any portion of that uniform; and

     2.  The colors of the equipment are the same as the official colors of the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.683  Security of field of play; encouragement of sportsmanlike behavior. (NRS 386.430)

     1.  A school that hosts a game, contest or meet shall provide a sufficient number of sports officials to ensure that spectators or any other unauthorized persons remain off the field of play during the game, contest or meet.

     2.  Each school that hosts or participates in a game, contest or meet shall encourage each person who attends the game, contest or meet to behave in a sportsmanlike manner while attending the game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.684  Conduct of participants and spectators: Responsibility of school; authority of sports official. (NRS 386.430)

     1.  A school is responsible for the conduct of each coach, athlete, pupil and spectator before, during and after each game, contest or meet in which the school participates.

     2.  If a coach, athlete, pupil or spectator specified in subsection 1 engages in conduct that interrupts or adversely affects the manner in which the game, contest or meet is conducted, the sports official assigned to the game, contest or meet may:

     (a) Issue a warning to the coach, athlete, pupil or spectator to refrain from engaging in that conduct; or

     (b) Regardless of whether the sports official issues a warning pursuant to paragraph (a), order the offending school to forfeit the game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.685  Use of cameras and other recording equipment. (NRS 386.430)

     1.  A person who attends a game, contest or meet during the regular or postseason for a sanctioned sport in accordance with NAC 386.600 to 386.886, inclusive, may, at his or her expense, use a camera or other equipment to record, on film or videotape, the game, contest or meet or any participant at the game, contest or meet.

     2.  The provisions of subsection 1 do not require any school that hosts a game, contest or meet specified in that subsection to provide assistance to a person using a camera or other equipment pursuant to that subsection.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.686  Possession, sale or use of alcoholic beverages prohibited; enforcement. (NRS 386.430)

     1.  A person shall not, during any interscholastic activity that is sponsored by the Association, possess, sell or consume any alcoholic beverage on the property on which the activity is conducted.

     2.  A person who violates a provision of subsection 1 may be:

     (a) Removed from the property on which the activity is conducted; or

     (b) Arrested for trespass upon that property.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

All-Star Competition

      NAC 386.690  Participation by team that participates in sanctioned sport prohibited; approval of Board regarding preseason and postseason competition; penalty. (NRS 386.430)

     1.  A team that participates in a sanctioned sport shall not engage in any game, contest or meet with an all-star team.

     2.  The Board shall approve each sponsor, participant and guideline relating to any preseason or postseason game, contest or meet in which an all-star team participates during the school year. A school or pupil who is enrolled in a school and who violates a provision of this subsection is subject to suspension or a determination of ineligibility, or both.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.691  Approval by Association of competition; imposition of certain restrictions and requirements; submission of injury report and written summary of competition. (NRS 386.430, 386.433)

     1.  The Association may approve any game, contest or meet for an all-star team for a sanctioned sport if the game, contest or meet is conducted during the season for any other sanctioned sport. To obtain final approval of a game, contest or meet pursuant to this subsection, the director of the game, contest or meet must submit to the Association:

     (a) An agreement indemnifying and holding the Association harmless against any loss associated with the all-star game, contest or meet;

     (b) A roster setting forth the name, school of enrollment and grade of each participant in the all-star game, contest or meet;

     (c) A signed statement from each parent or legal guardian of a participant in the all-star game, contest or meet who is under 18 years of age authorizing him or her to participate in the all-star game, contest or meet;

     (d) A statement verifying that each participant in the all-star game, contest or meet will not be charged a fee to participate in the all-star game, contest or meet;

     (e) A certified check or money order in an amount equal to:

          (1) Two hundred fifty dollars, which must be received by the Association at least 90 days before the all-star game, contest or meet; and

          (2) Five hundred dollars, which must be received by the Association at least 30 days before the all-star game, contest or meet; and

     (f) Proof satisfactory to the Association that:

          (1) The person hosting or sponsoring the all-star game, contest or meet is a nonprofit organization and that all proceeds of the game, contest or meet will be used for charitable purposes;

          (2) The person hosting or sponsoring the all-star game, contest or meet has obtained a comprehensive policy of liability insurance which insures the person against any liability for personal injuries and property damage with coverage of at least $1,000,000 per claim and at least $3,000,000 per occurrence and which names the Association as an additional insured under the policy;

          (3) Any applicable safety standard will be complied with concerning any equipment used in the all-star game, contest or meet;

          (4) A sports official who is certified by the Association to officiate a sanctioned sport will officiate the all-star game, contest or meet;

          (5) Any applicable requirement for security specified by the school district in which the all-star game, contest or meet will be conducted will be complied with;

          (6) Any applicable requirement of the National Collegiate Athletic Association or its successor organization concerning amateurism will be complied with;

          (7) Each holder of a lifetime pass issued pursuant to NAC 386.871 or a courtesy pass issued pursuant to NAC 386.872 will be admitted to the all-star game, contest or meet free of charge;

          (8) Any fees for admission to the all-star game, contest or meet will not exceed $10 per person; and

          (9) At least one trainer who is certified as an athletic trainer by the National Athletic Trainers’ Association or its successor organization will attend and be available to provide services at the all-star game, contest or meet and each practice for the all-star game, contest or meet.

     2.  The Association may:

     (a) Except as otherwise provided in NAC 386.816, restrict the date, time and place of an all-star game, contest or meet approved pursuant to subsection 1 to avoid, if possible, any conflict with a game, contest or meet for another sanctioned sport.

     (b) Impose reasonable requirements on the director of the all-star game, contest or meet to protect the eligibility, health, safety or welfare of any pupil who participates in the all-star game, contest or meet.

     3.  Not more than 72 hours after the completion of an all-star game, contest or meet that is approved pursuant to subsection 1, the director of the all-star game, contest or meet shall submit to the Executive Director a report discussing each injury, if any, suffered by a participant in the all-star game, contest or meet.

     4.  Not more than 30 days after the completion of an all-star game, contest or meet that is approved pursuant to subsection 1, the director of the all-star game, contest or meet shall submit to the Executive Director a written summary of the all-star game, contest or meet. The written summary must be submitted on a form approved by the Association and must include, without limitation:

     (a) A statement setting forth the amount of money paid and received for attendance at the all-star game, contest or meet; and

     (b) A reconciliation statement concerning the revenue and expenditures of the all-star game, contest or meet.

     5.  If the director of an all-star game, contest or meet that is approved pursuant to subsection 1 fails to submit a report pursuant to subsection 3 or a written summary pursuant to subsection 4, the Association may refuse to approve any other all-star game, contest or meet conducted by that director.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R012-14, 6-23-2014)

      NAC 386.694  Conditions under which pupil may participate in competition. (NRS 386.430, 386.433)  A pupil who participates in a sanctioned sport may participate in a game, contest or meet for an all-star team that is conducted for that sanctioned sport if:

     1.  The pupil is an amateur in the sanctioned sport in accordance with NAC 386.697;

     2.  The game, contest or meet is not held during the season for the sanctioned sport; and

     3.  The principal or other person in charge of the pupil’s school, the athletic director of that school and the head coach of any team of which the pupil is a member at the time the all-star game, contest or meet is conducted:

     (a) Provide written approval for the pupil to participate in the all-star game, contest or meet; and

     (b) Notify the Association of that approval.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R012-14, 6-23-2014)

Limitations on Participation

      NAC 386.695  Period of season and first day of practice for sanctioned sport; prohibited and authorized out-of-season activities relating to sanctioned sport. (NRS 386.430)

     1.  The season for each sanctioned sport begins on the first day of practice for the sanctioned sport established by the Board pursuant to this subsection and ends upon the completion of the state tournament for the sanctioned sport. Except as otherwise provided in NAC 386.600 to 386.886, inclusive, not later than September 1 of each year, the Board shall:

     (a) Establish the date for the first day of practice for each sanctioned sport for the school year; and

     (b) Prepare a schedule of activities that includes each date established pursuant to paragraph (a).

     2.  Each school shall ensure that a practice for a sanctioned sport is conducted on the date established for that practice pursuant to subsection 1.

     3.  A school shall not provide uniforms or transportation for a pupil or team to participate in any out-of-season competition for a sanctioned sport, including, without limitation, a camp, summer league or travel to a foreign country or another state, territory, district or possession of the United States. A school may engage in an activity to obtain money for an out-of-season competition and deposit any money obtained as a result of that activity in an account maintained by the school or by a bank or other financial institution in this State.

     4.  A coach of a school that complies with subsections 2 and 3 may assist a pupil in an activity that is related to a sanctioned sport and that is conducted during a period that is not the season for the sanctioned sport. The participation of the pupil in the activity must be voluntary and must not be a condition for qualifying for a team or for accepting the pupil as a member of a team during the season for the sanctioned sport.

     5.  Except as otherwise provided in this section, a coach or pupil specified in subsection 4 may, if approved by the school and the school district in which the school is located, use any facility or equipment of the school to engage in an activity specified in that subsection. A coach or pupil may use the following equipment for football during any period that is not the football season:

     (a) Footballs;

     (b) Football shoes;

     (c) Shorts and sweatshirts; and

     (d) A helmet and shoulder, hip and thigh pads, and any other protective equipment.

     6.  A coach or pupil shall not use a blocking dummy or sled, or any similar device for football pursuant to subsection 5.

     7.  A school or school district in which a school is located may require each pupil of the school who engages in an activity relating to a sanctioned sport pursuant to subsection 5 to maintain a policy of health insurance in an amount determined by the school or school district.

     8.  A coach or pupil shall not engage in an out-of-season activity relating to a sanctioned sport pursuant to subsection 5 if the activity interferes with an in-season sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R050-05, 12-29-2005; R144-07, 1-30-2008; R207-08, 5-5-2011)

      NAC 386.696  Restrictions on participation in out-of-season activities relating to sanctioned sport. (NRS 386.430)

     1.  A person shall not require a pupil to participate in any athletic program for a sanctioned sport that is conducted before or after the season for that sanctioned sport.

     2.  Each team that participates in a sanctioned sport must be selected, and practices for that team conducted, during the season for that sanctioned sport.

     3.  A pupil may engage in any out-of-season activity relating to a sanctioned sport if:

     (a) The pupil engages in that activity voluntarily;

     (b) The activity is conducted to improve the pupil’s ability to participate in the sanctioned sport;

     (c) The activity is not conducted between two or more schools, including, without limitation, any competition, scrimmage or practice for the sanctioned sport; and

     (d) The activity is not conducted during the week before or the week of tryouts for another sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007; R144-07, 1-30-2008)

      NAC 386.697  Participation of pupil as amateur in sanctioned sport. (NRS 386.430)

     1.  A pupil who participates in a sanctioned sport must be an amateur in each sanctioned sport in which he or she participates. A pupil is not an amateur in a sanctioned sport if he or she:

     (a) Participates in a sanctioned sport for money or any other thing of value, other than allowable expenses for travel, meals or lodging;

     (b) Receives any award, equipment or prize that has a retail value of more than $200, including, without limitation, any award or prize to attend a camp for instruction or an all-star game; or

     (c) Executes a contract to play as a professional athlete in a sanctioned sport.

     2.  For the purposes of this section, a pupil specified in subsection 1 who accepts a fee for providing instruction for or supervising or officiating an organized program of sports or recreation for a minor does not, by accepting the fee, forfeit his or her status as an amateur in a sanctioned sport.

     3.  If a pupil specified in subsection 1 forfeits his or her status as an amateur in a sanctioned sport pursuant to this section, the pupil may, upon the expiration of 1 year after the forfeiture, apply to the Association to reinstate eligibility to participate in the sanctioned sport.

     4.  A pupil who participates in a sanctioned sport during any period other than the season for that sanctioned sport shall comply with the requirements, if any, prescribed by the agency governing that sanctioned sport for participating in the sanctioned sport as an amateur.

     5.  As used in this section, “amateur” means a person who engages in an athletic competition solely for the physical, mental or social enjoyment obtained from engaging in that athletic competition.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.698  Participation by member of team or spirit squad in certain activities other than as such member; establishment of requirements for eligibility of pupil to participate in postseason competition. (NRS 386.430)

     1.  If, during the school year, a pupil participates in a sanctioned sport as a member of a team or engages in an activity as a member of a spirit squad for a school, the pupil may participate as a member of any other team or event for the sanctioned sport or spirit squad if:

     (a) The coach for the sanctioned sport or spirit squad approves the pupil’s participation on the team or in the event;

     (b) The pupil counts each game, contest or meet in which the other team participates or each event in which the spirit squad competes as one of the allowable games, contests or meets or competitions specified in the athletic bylaws for the sanctioned sport or spirit squad; and

     (c) The other team is not a team for a school.

     2.  In addition to the requirements of subsection 1, if the team or spirit squad of which the pupil is a member is a team or spirit squad of a high school, and if the pupil participates in an interscholastic activity other than as a member of the team or spirit squad, the pupil’s participation in the interscholastic activity must be approved by the head coach of the high school. The pupil is not required to substitute games, contests or meets to participate as a member of the team or spirit squad.

     3.  Each league, region or class established pursuant to NAC 386.667 may establish the requirements for eligibility for a pupil who is in the league, region or class to participate in any competition for a sanctioned sport or spirit squad that is conducted after the expiration of the regular season for the sanctioned sport or spirit squad.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.699  Maximum number of games, contests or meets during seasons for sanctioned sports. (NRS 386.430)  A school or a pupil enrolled in a school who participates in a sanctioned sport shall not, during the season for the sanctioned sport, participate in more than:

     1.  For the fall season:

     (a) Fourteen cross-country meets;

     (b) Except as otherwise provided in subsection 5 of NAC 386.720, nine football games;

     (c) Sixteen matches for girls’ golf;

     (d) Except as otherwise provided in subsection 5 of NAC 386.731, eighteen soccer games and two tournaments for soccer;

     (e) Eighteen tennis matches; or

     (f) Eighteen matches for girls’ volleyball.

     2.  For the winter season:

     (a) Eighteen basketball games and two tournaments for basketball;

     (b) Eighteen bowling competitions and two tournaments for bowling;

     (c) Fourteen ski races;

     (d) Except as otherwise provided in subsection 5 of NAC 386.731, eighteen soccer games for girls’ soccer and two tournaments for girls’ soccer; or

     (e) Fifteen wrestling contacts or meets.

     3.  For the spring season:

     (a) Twenty-one baseball games and two tournaments for baseball;

     (b) Sixteen matches for boys’ golf;

     (c) Twenty-one softball games and two tournaments for softball;

     (d) Twelve swim meets;

     (e) Fourteen track and field meets; or

     (f) Eighteen matches for boys’ volleyball.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R147-10, 5-5-2011)

      NAC 386.700  Forfeiture of game, contest or meet if pupil exceeds maximum allowed for sanctioned sport. (NRS 386.430)  If, during a school year, a pupil participates in a sanctioned sport as a member of a team and if, during that school year, the pupil exceeds the total number of games, contests or meets in which he or she may participate in the sanctioned sport pursuant to NAC 386.699, the team of which the pupil is a member forfeits each game, contest or meet in which he or she participates as a member of the team that is conducted after exceeding that number.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.701  Treatment of game not completed because of unforeseeable and unavoidable cause. (NRS 386.430)

     1.  If a scheduled game is not completed because of weather or a natural disaster, or any other unforeseeable and unavoidable cause, a school participating in the game shall not count the game as part of the season for the sanctioned sport for which the game is conducted unless each school participating in the game agrees to count the game as part of that season. If such an agreement is entered into, the game may be replayed or continued in accordance with the agreement beginning from the place and time at which the game was interrupted.

     2.  As used in this section, “game” means any competition for a sanctioned sport that is conducted between two teams if:

     (a) Admission is charged for the competition;

     (b) A paid sports official is used for the competition;

     (c) The competition is conducted during periods that are timed and of regular length; or

     (d) A record of the competition and the scores for the competition are publicized.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.702  Tournaments; wrestling; swimming and diving, substitutions. (NRS 386.430)

     1.  In addition to any limitation concerning the number of games, contests or meets in which a school or pupil may participate in a sanctioned sport pursuant to NAC 386.699:

     (a) A team that participates in a sanctioned sport may participate in not more than two tournaments during a year.

     (b) A pupil who participates in wrestling as a sanctioned sport, including, without limitation, a pupil who is a member of the junior varsity team and the varsity team for wrestling during the same season, may participate in not more than 15 contacts during a year.

     (c) A pupil who participates in swimming and diving as a sanctioned sport may participate in not more than 12 competitions during a year.

     2.  A school that participates in a sanctioned sport may substitute not more than:

     (a) One tournament for not more than three games, contests or meets for the sanctioned sport; or

     (b) Three games, contests or meets for not more than one tournament for the sanctioned sport.

     3.  As used in this section:

     (a) “Competition” means a dual, triangular or quadrangular invitational meet. The term does not include a league, regional or state tournament.

     (b) “Contact” means a dual, double dual or triple dual. The term does not include a league, regional or state tournament.

     (c) “Tournament” means any contest between more than two teams that participate in a sanctioned sport to determine the winner for the season for that sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R098-05, 7-14-2006)

      NAC 386.703  Miscellaneous limitations. (NRS 386.430)

     1.  Except as otherwise provided in subsection 3, a pupil who participates in a sanctioned sport may not participate in more than one level of competition for that sanctioned sport during a day. If a school is unable to complete its schedule for a sanctioned sport during the season for that sanctioned sport because the number of pupils who participate in the sanctioned sport at the level of junior varsity is insufficient, the school may submit a request to the Executive Director to waive the provisions of this subsection. Before approving a request for a waiver pursuant to this subsection, the Executive Director shall obtain the approval of the request from each school that competes against the school that submits the request in the sanctioned sport for the season.

     2.  A pupil who participates in a sanctioned sport other than basketball or football may participate in any number of games for the sanctioned sport during a day. A coach who participates in a sanctioned sport shall consider the safety and well being of a pupil before allowing that pupil to participate in more than one game for a sanctioned sport pursuant to this subsection. If a pupil participates in more than one game for a sanctioned sport pursuant to this subsection, the pupil shall include that game in the total number of games in which he or she may participate pursuant to NAC 386.699.

     3.  A school that is placed in Class 1A pursuant to NAC 386.667 and that participates in volleyball or basketball as a sanctioned sport:

     (a) May not submit a request for a waiver pursuant to subsection 1; and

     (b) Shall comply with the provisions of NAC 386.718 or 386.751 concerning volleyball or basketball.

     4.  Except as otherwise provided in subsection 6, a pupil may not participate in a sanctioned sport as a member of:

     (a) The freshman team for the sanctioned sport unless the pupil is in the 9th grade; or

     (b) The junior varsity team for the sanctioned sport unless the pupil in the 9th, 10th or 11th grade.

     5.  Except as otherwise provided in NAC 386.779, a pupil who is qualified to participate in a sanctioned sport pursuant to NAC 386.600 to 386.886, inclusive, may participate in the sanctioned sport as a member of the varsity team for the sanctioned sport regardless of the grade in which he or she is enrolled during his or her participation as a member of that team.

     6.  The president of the class or league in which a school is placed or aligned pursuant to NAC 386.667 may waive the provisions of subsection 4 if the school:

     (a) Submits a written request to the president;

     (b) Submits a copy of the written request to the Executive Director; and

     (c) Sets forth in the written request the reasons for requesting the waiver and the level of skill of each pupil for whom the school requests the waiver.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

Rules Regarding Specific Sports

      NAC 386.705  Baseball: Date for beginning practice; end of season. (NRS 386.430)  The Board shall establish the date upon which a school may begin practicing for a baseball season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for baseball.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.706  Baseball: Interschool scrimmages. (NRS 386.430)

     1.  A team that participates in baseball as a sanctioned sport may, before participating in the first regularly scheduled game of a season, participate in not more than two interschool baseball scrimmages. The team shall not participate in a scrimmage after it participates in the first baseball game of the season.

     2.  As used in this section, “scrimmage” means a practice baseball game in which:

     (a) The score is not kept;

     (b) Unpaid sports officials are used;

     (c) A coach may substitute a player in the game for another player in the game; and

     (d) A coach may temporarily stop the game to correct an error committed by a player in the game for whom he or she is a coach.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.707  Baseball: Protest of game. (NRS 386.430)

     1.  A coach of a team that participates in a baseball game as a sanctioned sport may protest the game by notifying an umpire for the game of that fact. The protest must be submitted to the umpire:

     (a) At the time the play that is the subject of the protest is completed, but before the next pitch after that play; or

     (b) If the play that is the subject of the protest is the final play of the game, before the umpire leaves the field of play.

     2.  An umpire who is notified of a protest pursuant to subsection 1 shall, if he or she is not the umpire-in-chief for the game, bring the protest to the attention of the umpire-in-chief. If a protest is brought to the attention of the umpire-in-chief pursuant to this subsection, the umpire-in-chief shall immediately inform the coach of the opposing team and the scorekeeper of the game that the game is played under protest.

     3.  If a coach protests a game pursuant to subsection 1, the coach or the school for which he or she coaches shall, within 48 hours after completion of the game, submit the protest in writing to the Commissioner. Each written protest submitted pursuant to this subsection must:

     (a) Describe clearly each play for which the written protest is submitted; and

     (b) Include a statement setting forth any adverse or unusual circumstances under which the play was conducted.

     4.  As soon as practicable after receiving a written protest pursuant to subsection 3, the Commissioner shall confer with the Executive Director concerning the protest. As soon as practicable after conferring with the Executive Director, the Commissioner shall provide a written report to each school that participated in the game for which the protest was submitted. The written report must include the determination of the Commissioner relating to the protest.

     5.  If the Commissioner upholds a protest pursuant to subsection 4 and determines that the game must be replayed, each team that participated in the game shall replay the game in accordance with the provisions of NAC 386.708.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.708  Baseball: Replay of suspended game. (NRS 386.430)

     1.  Each team that participates in a suspended baseball game shall, if the suspended game is replayed:

     (a) Begin the game from the point at which the game was suspended; and

     (b) Subject to the rules of the game, use the same lineup and batting order of players that were used by those teams during the suspended game.

     2.  If a team is not located in Carson City, Fallon, Henderson, Las Vegas, Minden, Reno or Sparks, Nevada, or South Lake Tahoe, California, the suspended game must be replayed:

     (a) Before the beginning of the first game that is conducted after the suspended game, if the teams that participated in the suspended game are scheduled to play each other again during the season in which the suspended game was played; or

     (b) At a location that is agreed upon by each team that participated in the suspended game, if those teams are not scheduled to play each other again during the season in which the suspended game was played.

     3.  If a team is located in Carson City, Fallon, Henderson, Las Vegas, Minden, Reno or Sparks, Nevada, or South Lake Tahoe, California, the suspended game must be replayed on the next date that is available on the schedule of games for each team that participates in the replayed game.

     4.  As used in this section, “suspended game” means a baseball game:

     (a) That is stopped for any reason, including, without limitation, the failure of any artificial lights or water system used for the game; and

     (b) For which a winner is not determined.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.709  Baseball: Determination of championship team. (NRS 386.430)  The championship team for baseball for each class established pursuant to NAC 386.667 must be determined in the manner specified by the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.710  Baseball: Determination of home team and choice of dugout for games of tournament. (NRS 386.430)

     1.  Except as otherwise provided in this section, a team that is undefeated during a league, regional or state tournament for baseball is the home team for each game of the tournament. If both teams that participate in the same game of the tournament have been defeated during the tournament, the team that is seeded highest for the tournament is the home team for the game.

     2.  Except as otherwise provided in subsection 4, if a team that participates in a championship game of a league, regional or state tournament for baseball is undefeated during the tournament, and if the other team that participates in the game has been defeated during the tournament, the team that has been defeated is the home team for the game.

     3.  Except as otherwise provided in subsection 4, for each game of a regional or state tournament for baseball in which teams that are seeded similarly have equal scoring records during the tournament, the home team for the game must be determined by the toss of a coin.

     4.  For the championship game of a regional tournament for class 4A baseball, the home team must be determined by the toss of a coin if, during the tournament, the winner of each subbracket for the tournament is undefeated or has an equal scoring record after completing the subbracket.

     5.  For each game of a league, regional or state tournament for baseball, the home team may choose the dugout that it will use for the game.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.711  Baseball: Procedure when tournament is cancelled or not completed because of unforeseeable and uncontrollable cause. (NRS 386.430)

     1.  If a league, regional or state tournament for baseball is cancelled or not completed because of weather or any natural disaster, or other unforeseeable and uncontrollable cause, the director of the tournament shall:

     (a) If arrangements for travel and weather permit, reschedule the tournament for completion on the next date that is available for each team that participates in the tournament; or

     (b) If arrangements for travel and weather do not permit, declare the team with the fewest losses for the tournament to be the championship team for the tournament. If no games have been conducted for the tournament or each team has an equal number of winning games for the tournament, the director of the tournament shall declare each team to be co-champions for the tournament. If the director of a tournament declares co-champions for a tournament pursuant to this paragraph and if that declaration affects the placement of a team in a bracket for a state tournament, the director of the tournament shall toss a coin to determine the bracket placement for the team for the state tournament.

     2.  The director of a league, regional or state tournament for baseball shall not schedule a game pursuant to this section for completion on a Sunday.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.712  Baseball: Use of coaching boxes and head protection. (NRS 386.430)

     1.  A coach of a team that participates in a baseball game as a sanctioned sport may coach from the first or third base coaching box during that game if the team for which he or she is a coach is at bat.

     2.  A coach may allow a pupil to coach from the first or third base coaching box during the game if:

     (a) The pupil is in uniform and wears a protective batting helmet during any period in which he or she is in the first or third base coaching box;

     (b) The pupil is a registered member of the team; and

     (c) The team of which the pupil is a registered member is at bat.

     3.  Each pupil who participates in a baseball game as a sanctioned sport shall wear appropriate equipment to protect his or her head from injury during any period in which the pupil enters the batter’s box located on the field of play for the game until the completion of the play for which he or she is a batter or runner.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.713  Baseball: Limitations on participation by pitcher; penalty. (NRS 386.430)

     1.  A pupil who is a pitcher on a team that participates in baseball as a sanctioned sport during a baseball season shall not, during 4 consecutive days of that season, pitch more than 11 innings or more than 33 outs, including, without limitation, any inning that is conducted to break a tie score between two or more teams.

     2.  For the purposes of this section, each inning of a baseball game consists of three outs and an out is one-third of an inning.

     3.  If a pupil specified in subsection 1 violates a provision of that subsection, the team of which he or she is a member forfeits the game in which the violation occurs.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.714  Baseball: Rules of conduct; 10-run rule; period for junior varsity games. (NRS 386.430)

     1.  Each baseball game must be conducted in accordance with the rules of baseball adopted by the National Federation of State High School Associations or its successor organization.

     2.  The 10-run rule set forth in the rules of baseball specified in subsection 1 applies upon the completion of four and one-half innings of each baseball game.

     3.  A team that participates in a baseball game as a sanctioned sport at the level of junior varsity may not begin a new inning of the game after the expiration of 2 hours and 15 minutes after the first pitch of the game unless the game is tied.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.715  Basketball: Date for beginning practice; end of season; activities between seasons; interschool scrimmages. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a basketball season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for basketball.

     2.  A school shall not, after completion of the state tournament for basketball for that season, organize a basketball team or conduct a practice for the team until the date established by the Board for the beginning of practice for the next basketball season.

     3.  A team that participates in basketball as a sanctioned sport may not participate in more than two interschool basketball scrimmages during the period beginning on or after the date established by the Board for the season in which the scrimmage is played and ending on the first day of that season. The team shall not participate in a basketball scrimmage after it participates in the first basketball game for that season. As used in this subsection, “scrimmage” means a practice basketball game in which:

     (a) The score is not kept;

     (b) Unpaid sports officials are used;

     (c) The period of play is divided into a number of equal segments with running time kept; and

     (d) Spectators are not encouraged to attend.

     4.  A team specified in subsection 2 shall not participate in more than two basketball games during a day.

     5.  If a team specified in subsection 3 participates in a basketball game between the team and an alumni association for the school or a similarly organized group, the school shall include that game in the total number of games in which the team may participate pursuant to NAC 386.699.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.716  Basketball: Manual of alignment of schools; determination of championship team. (NRS 386.430)

     1.  As soon as practicable after aligning a school that participates in basketball as a sanctioned sport in a league pursuant to NAC 386.667, the Board shall include that alignment in a manual prepared by the Association for that purpose.

     2.  The championship team for each class established pursuant to NAC 386.667 must be determined in the manner specified by the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.717  Basketball: Jerseys. (NRS 386.430)  Each pupil who participates in a basketball game shall, if the game:

     1.  Is conducted at the school where the pupil is enrolled, wear a light-colored jersey during the game; or

     2.  Is not conducted at the school where the pupil is enrolled, wear a dark-colored jersey during the game.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.718  Basketball: Class 1A teams. (NRS 386.430)

     1.  Except as otherwise provided in this section, a pupil who is enrolled at a Class 1A school and who participates in basketball as a sanctioned sport may, during the same day, participate in a basketball game for junior varsity players and a basketball game for varsity players. A coach of a basketball team at such a school shall not:

     (a) During the same day, allow a pupil who is a member of the team to participate in:

          (1) A basketball game for junior varsity players and a basketball game for varsity players if the sole reason for allowing the pupil to participate in the game is to win the game;

          (2) A basketball game for junior varsity players if the pupil is a starting member of the basketball team for varsity players at the school; or

          (3) More than five quarters during a basketball game; or

     (b) Allow a pupil who is in the 12th grade and who is a member of the team to participate in a basketball game for junior varsity players unless, before the game:

          (1) The school notifies the Executive Director and the opposing school that the school proposes to allow the pupil to participate in the game; and

          (2) The Executive Director approves, in writing, the pupil’s participation in the game.

     2.  If a pupil participates in a basketball game for junior varsity players and a basketball game for varsity players during the same day, the school where the game is conducted shall ensure that the game for junior varsity players is conducted before the game for varsity players.

     3.  If a team of a Class 1A school participates in a basketball game and the membership of that team consists of junior varsity players and varsity players for the game pursuant to this section, the coach of the team shall, at least 10 minutes before the game:

     (a) Identify at least five varsity players who are members of the team for which he or she is a coach who will not participate in a basketball game for junior varsity players during the same day; and

     (b) Submit the name of each pupil identified pursuant to paragraph (a) to the scorekeeper for the game.

     4.  If a pupil who is a junior varsity player participates in a basketball game for varsity players pursuant to this section, the pupil shall, during the period in which he or she participates in the game, wear a jersey that displays a number that is distinguishable from the numbers displayed on the jerseys of the varsity players who participate in the game.

     5.  If a dispute arises between two schools relating to a provision of this section, each school shall submit the dispute to its principal or athletic director. If the dispute is not resolved after it is submitted to those principals or athletic directors, the schools shall submit the dispute to the president of the class in which the schools participate. If the dispute is not resolved after it is submitted to the president, the schools shall submit the dispute to the Executive Director.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.719  Cross-country: Generally. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a cross-country season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for cross-country, which must be conducted at the date, time and place specified by the Board.

     2.  The rules of the National Federation of State High School Associations, or its successor organization, relating to cross-country govern each cross-country meet. The rules are in addition to any requirements for conducting the meet adopted by the Association.

     3.  A school shall not schedule a cross-country meet that is conducted for practice between schools.

     4.  A pupil shall not participate in more than one event for a cross-country meet during a day.

     5.  The length of the course for a league, regional or state tournament for cross-country must be 5,000 meters. The length of the course for a cross-country meet that is conducted for practice or during the regular season may be less than 5,000 meters.

     6.  Each team that participates in a cross-country meet must consist of at least seven members.

     7.  Except as otherwise provided in this subsection, to determine the total score of a team that participates in a cross-country meet, the team:

     (a) Must use the scores of the members of the team who completed the meet in the first, second, third, fourth and fifth places on the team; and

     (b) Must not use the scores of the members of the team who completed the meet in the sixth or seventh place on the team.

     8.  The places of the members of a team specified in paragraph (b) of subsection 7 for the meet must not be used to reduce the scores of an opposing team for the meet.

     9.  If a school enters at least one participant in an invitational cross-country meet, the school shall include that meet in the total number of meets in which the school may participate pursuant to NAC 386.699.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.720  Football: Date for beginning practice; end of season; games. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a football season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for football.

     2.  A school shall not participate in a football game that is scheduled during the regular season after the play-offs begin for the league in which the school is aligned pursuant to NAC 386.667.

     3.  Each postseason football game must be approved by the Board.

     4.  The Executive Director shall determine the date, time and place for conducting each football play-off game.

     5.  A school shall not, without the approval of the Board, allow a football team to participate in more than nine games, other than a play-off game that is approved by the Executive Director, during the regular season in which the team participates in football.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.721  Football: Required practice; interschool scrimmages. (NRS 386.430)

     1.  A school shall not participate in:

     (a) An interschool football scrimmage unless the football team for the school completes at least 8 days of team practice, including at least 3 days of noncontact practice pursuant to NAC 386.722; or

     (b) An interschool football game unless the football team completes at least 10 days of team practice, including at least 3 days of noncontact practice pursuant to NAC 386.722.

     2.  A pupil at a school shall not participate in:

     (a) An interschool football scrimmage unless the pupil completes at least 6 days of team practice, including 3 days of noncontact practice pursuant to NAC 386.722; or

     (b) An interschool football game unless the pupil completes at least 10 days of team practice, including at least 3 days of noncontact practice pursuant to NAC 386.722.

     3.  A football team may participate in not more than two interschool scrimmages before the first regularly scheduled game for the football season for the team. The team shall not participate in an interschool scrimmage after completing that game.

     4.  Each school and each pupil who participates in football as a sanctioned sport shall, before participating in a scheduled interschool football game, complete at least 10 days of team practice, including 3 days of noncontact practice.

     5.  A school or pupil may count not more than one practice each day toward the total number of practices required pursuant to this section. If the school or pupil completes more than one practice during a day, that day counts as one day of practice for the purposes of this section.

     6.  As used in this section, “scrimmage” means a practice football game in which:

     (a) Each team alternates in carrying the football;

     (b) The score is not kept;

     (c) The coach of each team is present on the field of play to direct the team for which he or she is a coach;

     (d) Unpaid sports officials are used;

     (e) Admission is not charged;

     (f) Donations are not accepted or solicited; and

     (g) Spectators are not encouraged to attend.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R050-05, 12-29-2005)

      NAC 386.722  Football: Noncontact practice. (NRS 386.430)

     1.  Each school that participates in football as a sanctioned sport shall designate the first 3 days of practice for each season in which the school participates in football as a period of noncontact practice. A pupil may use the following equipment during any period of noncontact practice:

     (a) Footballs;

     (b) Helmets;

     (c) Mouth guards;

     (d) Football shoes;

     (e) Shorts; and

     (f) Sweat suits.

     2.  A pupil who participates in a period of noncontact practice pursuant to subsection 1 shall not:

     (a) Use any equipment that is not specified in subsection 1, including, without limitation, pads, blocking dummies, sleds or similar equipment, unless the coach for the pupil authorizes the pupil to use the equipment after determining that the pupil may safely use the equipment; or

     (b) Engage in any drill or other activity that is intended to cause physical contact with another pupil during the period of noncontact practice.

     3.  A school that conducts a noncontact practice pursuant to subsection 1 may count that practice toward the number of practices required before participating in an interschool football game or scrimmage pursuant to NAC 386.721.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.723  Football: Manual of alignment of schools; determination of championship team; play-offs; 45-point mercy rule. (NRS 386.430)

     1.  As soon as practicable after aligning a school that participates in football as a sanctioned sport within a league pursuant to NAC 386.667, the Board shall include that alignment in a manual prepared by the Association for that purpose.

     2.  The championship team for each league into which a school is aligned pursuant to NAC 386.667 must be determined in the manner specified by the Board.

     3.  The Executive Director shall ensure that the first game of the play-offs for a football season is conducted 1 week after each school that participates in the play-offs completes its final football game for that season. If a football game results in a tie score for the game during a regular football season or during a play-off game for that season, each school that participates in the game shall break the tie using the procedure for breaking ties set forth in the rules of football adopted by the National Federation of State High School Associations or its successor organization.

     4.  Except as otherwise provided in subsection 5, the 45-point mercy rule set forth in the rules of football specified in subsection 3 applies during any football game in which a school uses a team consisting of eight members.

     5.  The provisions of subsection 4 do not apply to a football game that is conducted during the state tournament for a football season.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.724  Football: Jerseys. (NRS 386.430)  Each pupil who participates in a football game shall, if the game:

     1.  Is conducted at the school where the pupil is enrolled, wear a dark-colored jersey during the game; or

     2.  Is not conducted at the school where the pupil is enrolled, wear a light-colored jersey during the game.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.725  Football: Limitations on participation by pupil. (NRS 386.430)

     1.  A pupil who participates in football as a sanctioned sport shall not participate in more than:

     (a) One game of interscholastic football during 5 consecutive days; or

     (b) Nine regular games during a football season.

     2.  For the purposes of this section, a pupil participates in a football game if competing in at least one scrimmage down during that game.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.726  Football: Provision of adequate facilities for participants in play-off. (NRS 386.430)

     1.  Each school that hosts a football play-off shall provide adequate facilities to each team that participates in the play-off. The facilities must be at least equal to the facilities the school provides to its football team and must include, without limitation:

     (a) An equal amount of space for spotters and for persons communicating from the sideline of the field of play;

     (b) Adequate space to record the play-off on film or videotape;

     (c) Portable heaters and any other warming devices; and

     (d) Adequate seating for the fans of each visiting team.

     2.  Each school that fails to provide facilities pursuant to subsection 1 may not host a play-off for 2 years after it fails to provide those facilities.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.727  Boys’ golf: Date for beginning practice; end of season; time, date and location of state tournament. (NRS 386.430)  The Board shall establish the date upon which a school may begin practicing for a season of boys’ golf at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for boys’ golf. The state tournament must be conducted at the time and date specified by the Board. The Executive Director and the director of each state tournament shall, before the beginning of the state tournament, select the location for that tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.728  Boys’ golf: Tournaments. (NRS 386.430)

     1.  The rules of golf established by the United States Golf Association or its successor organization govern the conduct of each state tournament for boys’ golf.

     2.  Each team that participates in a state tournament for boys’ golf must consist of five or six members. Each state tournament for boys’ golf must be:

     (a) Completed in 2 days during which 36 holes are played; and

     (b) Scored as 2 events consisting of 18 holes for each event.

     3.  Each league or regional tournament for boys’ golf must be completed in not more than 2 days, as determined by:

     (a) The league or region;

     (b) The director of the tournament; and

     (c) The Executive Director.

     4.  A team or a pupil who is a member of a team that participates in a state tournament for boys’ golf shall not, within 7 days before the tournament, participate in a practice round or play any hole on the course designated for that tournament. If a team violates a provision of this subsection, the director of the tournament shall impose a penalty of 10 strokes against that team for the violation for the tournament. If a pupil violates a provision of this subsection, the director of the tournament shall impose a penalty of 2 strokes against that pupil for the violation for the tournament.

     5.  A school that hosts a state tournament for boys’ golf shall not, within 7 days before the tournament, conduct a golf tournament on the course designated for the state tournament. A league or region shall not, during a season of boys’ golf, host a league or regional tournament for boys’ golf if the course designated for the league or regional tournament is the course designated for the state tournament for that season.

     6.  If the scores of a team that participates in a state tournament result in a tie score for the team for the tournament or for a round of golf played by the team during that tournament, the team shall break the tie in the manner specified by the Association.

     7.  If approved by the owner or operator of the golf course where a state tournament is played, a spectator may enter the golf course to view the tournament in any area of the golf course designated by the owner or operator for that purpose.

     8.  Each coach of a team that participates in a state tournament shall, at least 45 minutes before the tournament begins, meet with the director of the tournament and the coaches of the other teams that will participate in the tournament to discuss the rules and regulations for the tournament and to receive any instructions from the director of the tournament concerning the tournament. The meeting must be conducted at a location specified by the director of the tournament.

     9.  The director of a state tournament:

     (a) Shall ensure that a scorer who is at least 18 years of age accompanies each group of participants in the tournament during any period in which the group participates in a round of golf for the tournament; and

     (b) May authorize a member of a team that participates in the tournament to use a pull cart during the tournament.

     10.  Before a state tournament begins, the director of the tournament shall appoint a person to interpret the rules for the tournament. A decision made by a person appointed pursuant to this subsection relating to those rules is a final decision and may not be appealed.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.729  Girls’ golf: Date for beginning practice; end of season; time, date and location of state tournament. (NRS 386.430)  The Board shall establish the date upon which a school may begin practicing for a season of girls’ golf at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for girls’ golf which must be conducted at the time and date specified by the Board. The Executive Director and the director of a state tournament shall, before the beginning of the state tournament, select the location for that tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.730  Girls’ golf: Tournaments. (NRS 386.430)

     1.  The rules of golf established by the United States Golf Association or its successor organization govern the conduct of each state tournament for girls’ golf.

     2.  Each team that participates in a state tournament for girls’ golf must consist of five or six members. Each state tournament for girls’ golf must be:

     (a) Completed in 2 days during which 36 holes are played; and

     (b) Scored as 2 events consisting of 18 holes for each event.

     3.  Each league or regional tournament for girls’ golf must be completed in not more than 2 days, as determined by:

     (a) The league or region;

     (b) The director of the tournament; and

     (c) The Executive Director.

     4.  A team or a pupil who is a member of a team that participates in a state tournament for girls’ golf shall not, within 7 days before the tournament, participate in a practice round or play any hole on the course designated for that tournament. If a team violates a provision of this subsection, the director of the tournament shall impose a penalty of 10 strokes against that team for the violation for the tournament. If a pupil violates a provision of this subsection, the director of the tournament shall impose a penalty of two strokes against that pupil for the violation for the tournament.

     5.  A school that hosts a state tournament for girls’ golf shall not, within 7 days before the tournament, conduct a golf tournament on the course designated for the state tournament. A league or region shall not, during a season of girls’ golf, host a league or regional tournament for girls’ golf if the course designated for the league or regional tournament is the course designated for the state tournament for that season.

     6.  If the scores of a team that participates in a state tournament result in a tie score for the team for the tournament or for a round of golf played by the team during that tournament, the team shall break the tie in the manner specified by the Association.

     7.  If approved by the owner or operator of the golf course where a state tournament is played, a spectator may enter the course to view the tournament in any area of the course that is designated by the owner or operator for that purpose.

     8.  Each coach of a team that participates in a state tournament shall, at least 45 minutes before the tournament begins, meet with the director of the tournament and the coaches of the other teams that will participate in the tournament to discuss the rules and regulations of the tournament and to receive any instructions from the director of the tournament concerning the tournament. The meeting must be conducted at a location specified by the director of the tournament.

     9.  The director of a state tournament:

     (a) Shall ensure that a scorer who is at least 18 years of age accompanies each group of participants in the tournament during any period in which the group participates in a round of golf for the tournament; and

     (b) May authorize a member of a team that participates in the tournament to use a pull cart during the tournament.

     10.  Before a state tournament begins, the director of the tournament shall appoint a person to interpret the rules for the tournament. A decision made by a person appointed pursuant to this subsection relating to those rules is a final decision and may not be appealed.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.731  Soccer: Date for beginning practice; end of season; games. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a soccer season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for soccer.

     2.  Each school where a soccer game is conducted shall ensure that the game is timed in the manner prescribed by the Board. A school shall not participate in a soccer game that is scheduled during the regular season after the play-offs begin for the league in which the school is aligned pursuant to NAC 386.667.

     3.  Each postseason soccer game must be approved by the Board.

     4.  The Executive Director shall determine the date, time and place for conducting each soccer play-off game.

     5.  A school shall not allow a team of the school that participates in soccer as a sanctioned sport to participate in more than 18 games or more than 2 tournaments, other than a play-off game that is approved by the Executive Director, during the regular season in which the team participates in soccer. If a member of the team is selected to participate in the United States Youth Soccer Olympic Development Program and, after being selected, the member participates in a game conducted for that Program, the game must not be counted toward the maximum number of games or tournaments in which the team may participate pursuant to this subsection.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.732  Soccer: Required practice; interschool scrimmages. (NRS 386.430)

     1.  A school that participates in soccer as a sanctioned sport shall not participate in an interschool soccer scrimmage unless the school completes at least 5 days of team practice.

     2.  A school that completes the number of days of practice specified in subsection 1 may, before the date established by the Board for the beginning of soccer practice pursuant to NAC 386.731, participate in not more than two interschool soccer scrimmages.

     3.  A school shall not participate in an interschool soccer scrimmage after conducting the first regularly scheduled game of the soccer season.

     4.  Each school and each pupil who participates in soccer as a sanctioned sport shall, before competing in a scheduled interschool soccer game, complete at least 10 days of team practice.

     5.  As used in this section, “scrimmage” means a practice soccer game in which:

     (a) The score is not kept;

     (b) The coach for each team is present on the field of play to direct the team for which he or she is a coach;

     (c) Admission is not charged;

     (d) Donations are not accepted or solicited; and

     (e) Spectators are not encouraged to attend.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.733  Soccer: Manual of alignment of schools; tournaments; determination of championship team. (NRS 386.430)

     1.  As soon as practicable after the Board aligns a school that participates in soccer as a sanctioned sport in a league pursuant to NAC 386.667, the Board shall include that alignment in a manual prepared by the Association for that purpose.

     2.  Each league in which a school is aligned shall, in the manner prescribed by the Board, conduct a regional tournament for each soccer season to determine the schools in the league that may participate in the state play-offs for that season. The championship team for each class established pursuant to NAC 386.667 must be determined in the manner specified by the Board.

     3.  If a state, league or regional soccer tournament ends in a tie score, not more than 2 sudden-death overtime periods, consisting of 15 minutes each, may be conducted. If the score remains tied upon the expiration of the second overtime period, the winning team must be determined by kicks from the mark.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.735  Soccer: Availability of persons to provide soccer balls during game. (NRS 386.430)

     1.  Each school where a soccer game is conducted shall, before the beginning of the game, ensure that at least two persons are available to provide soccer balls during the game.

     2.  If a school fails to comply with the provisions of subsection 1, the sports official for the game shall, as soon as practicable after becoming aware of the violation, report the violation to the Executive Director.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.736  Softball: Date for beginning practice; end of season. (NRS 386.430)  The Board shall establish the date upon which a school may begin practicing for a softball season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for softball.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.737  Softball: Interschool scrimmages. (NRS 386.430)

     1.  A team that participates in softball as a sanctioned sport may, before participating in the first regularly scheduled softball game of a season, participate in not more than two interschool softball scrimmages. The team shall not participate in a scrimmage after it participates in the first softball game of the season.

     2.  As used in this section, “scrimmage” means a practice softball game in which:

     (a) The score is not kept;

     (b) Unpaid sports officials are used;

     (c) A coach may substitute a player in the game for another player in the game; and

     (d) A coach may temporarily stop the game to correct an error committed by a player in the game for whom he or she is a coach.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.738  Softball: Protest of game. (NRS 386.430)

     1.  A coach of a team that participates in a softball game as a sanctioned sport may protest the game by notifying an umpire for the game of that fact. The protest must be submitted to the umpire:

     (a) At the time the play that is the subject of the protest is completed, but before the next pitch after that play; or

     (b) If the play that is the subject of the protest is the final play of the game, before the umpire leaves the field of play.

     2.  An umpire who is notified of a protest pursuant to subsection 1 shall, if he or she is not the umpire-in-chief for the game, bring the protest to the attention of the umpire-in-chief. If a protest is brought to the attention of the umpire-in-chief pursuant to this subsection, the umpire-in-chief shall immediately inform the coach of the opposing team and the official scorekeeper of the game that the game is played under protest.

     3.  If a coach protests a game pursuant to subsection 1, the coach or the school for which he or she coaches shall, within 48 hours after completion of the game, submit the protest in writing to the Commissioner. Each written protest submitted pursuant to this subsection must:

     (a) Describe clearly each play for which the written protest is submitted; and

     (b) Include a statement setting forth any adverse or unusual circumstances under which the play was conducted.

     4.  As soon as practicable after receiving a written protest pursuant to subsection 3, the Commissioner shall confer with the Executive Director concerning the protest. As soon as practicable after conferring with the Executive Director, the Commissioner shall provide a written report to each school that participated in the game for which the protest was submitted. The written report must include the determination of the Commissioner relating to the protest.

     5.  If the Commissioner upholds a protest pursuant to subsection 4 and determines that the game must be replayed, each team that participated in the game shall replay the game in accordance with the provisions of NAC 386.739.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.739  Softball: Replay of suspended game. (NRS 386.430)

     1.  Each team that participates in a suspended softball game shall, if the suspended game is replayed:

     (a) Begin the game from the point at which the game was suspended; and

     (b) Subject to the rules of the game, use the same lineup and batting order of players that were used by those teams during the suspended game.

     2.  If a team is not located in Carson City, Fallon, Henderson, Las Vegas, Minden, Reno or Sparks, Nevada, or South Lake Tahoe, California, the suspended game must be replayed:

     (a) Before the beginning of the first game that is conducted after the suspended game, if the teams that participated in the suspended game are scheduled to play each other again during the season in which the suspended game was played; or

     (b) At a location that is agreed upon by each team that participated in the suspended game, if those teams are not scheduled to play each other again during the season in which the suspended game was played.

     3.  If a team is located in Carson City, Fallon, Henderson, Las Vegas, Minden, Reno or Sparks, Nevada, or South Lake Tahoe, California, the suspended game must be replayed on the next date that is available on the schedule of games for each team that participates in the replayed game.

     4.  As used in this section, “suspended game” means a softball game:

     (a) That is stopped for any reason, including, without limitation, the failure of any artificial lights or water system used for the playing field; and

     (b) For which a winner is not determined.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.740  Softball: Determination of championship team. (NRS 386.430)  The championship team for softball for each class established pursuant to NAC 386.667 must be determined in the manner specified by the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.741  Softball: Determination of home team and choice of dugout for games of tournament. (NRS 386.430)

     1.  Except as otherwise provided in this section, a team that is undefeated during a league, regional or state tournament for softball is the home team for each game of the tournament. If both teams that participate in the same game of the tournament have been defeated during the tournament, the team that is seeded highest for the tournament is the home team for the game.

     2.  If a team that participates in a championship game of a league, regional or state tournament for softball is undefeated during the tournament, and if the other team that participates in the game has been defeated during the tournament, the team that has been defeated is the home team for the game.

     3.  For each game of a regional or state tournament for softball in which teams that are seeded similarly have equal scoring records during the tournament, the home team for the game must be determined by the toss of a coin.

     4.  For each game of a league, regional or state tournament for softball, the home team may choose the dugout that it will use for the game.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.742  Softball: Procedure when tournament is cancelled or not completed because of unforeseeable and uncontrollable cause. (NRS 386.430)

     1.  If a league, regional or state tournament for softball is cancelled or not completed because of weather or any natural disaster, or other unforeseeable and uncontrollable cause, the director of the tournament shall:

     (a) If arrangements for travel and weather permit, reschedule the tournament for completion on the next date that is available for each team that participates in the tournament; or

     (b) If arrangements for travel and weather do not permit, declare the team with the fewest losses for the tournament to be the championship team of the tournament. If no games have been conducted for the tournament or each team has an equal number of winning games for the tournament, the director of the tournament shall declare each team to be co-champions of the tournament. If the director of a tournament declares co-champions for a tournament pursuant to this paragraph and if that declaration affects the placement of a team in a bracket for a state tournament, the director of the tournament shall toss a coin to determine the bracket placement for the team for the state tournament.

     2.  The director of a league, regional or state tournament for softball shall not schedule a game pursuant to this section for completion on a Sunday.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.743  Softball: Minimum length of official game. (NRS 386.430)  A softball game is official for the purposes of NAC 386.600 to 386.886, inclusive, if, upon the expiration of:

     1.  Four and one-half innings, the game is stopped for any reason and the home team is ahead in the score at the time the game is stopped; or

     2.  Five innings, the game is stopped for any reason and the visiting team is ahead in the score at the time the game is stopped.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.744  Softball: Use of coaching boxes. (NRS 386.430)

     1.  A coach of a team that participates in a softball game as a sanctioned sport may coach from the first or third base coaching box during that game if the team for which he or she is a coach is at bat.

     2.  A coach may allow a pupil to coach from the first or third base coaching box for the game if:

     (a) The pupil is in uniform and wears a protective batting helmet during any period in which he or she is in the first or third base coaching box;

     (b) The pupil is a registered member of the team; and

     (c) The team of which the pupil is a registered member is at bat.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.745  Softball: Rules of conduct; 10-run rule; period for junior varsity games. (NRS 386.430)

     1.  Each softball game must be conducted in accordance with the rules of softball adopted by the National Federation of State High School Associations or its successor organization.

     2.  The 10-run rule set forth in the rules of softball specified in subsection 1 applies upon the completion of four and one-half innings of each softball game.

     3.  A team that participates in a softball game as a sanctioned sport at the level of junior varsity may not begin a new inning of the game after the expiration of 2 hours after the first pitch of the game unless the game is tied.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.746  Swimming: Generally. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a swimming season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for swimming.

     2.  Each event that is held during a regional or state tournament for swimming must be conducted in the manner specified by the Board and the National Federation of State High School Associations or its successor organization. The Executive Director shall, before each regional or state tournament, provide to each school that participates in the tournament a list setting forth each event for the tournament and the order in which each event will be conducted.

     3.  A pupil who participates in swimming as a sanctioned sport shall not participate in more than four events during any swim meet. The events must not include more than two individual events.

     4.  Each school that enrolls a pupil who participates in swimming as a sanctioned sport at that school shall comply with the rules of swimming adopted by the National Federation of State High School Associations or its successor organization. Each pupil enrolled in that school who participates in swimming as a sanctioned sport shall, if wishing to establish a record of the performance in that sanctioned sport during a season, comply with those rules during any swim meet in which he or she participates.

     5.  The Association will not accept the qualifying times of a pupil for the state tournament for swimming unless the pupil:

     (a) Participates in a regional swimming championship; and

     (b) Obtains those times during that regional championship.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.747  Tennis: Generally. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a tennis season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for tennis. The state tournament must be conducted at the date, time and place specified by the Board.

     2.  Except as otherwise provided in this section, each tennis game must be conducted in accordance with the rules of tennis adopted by the United States Tennis Association or its successor organization.

     3.  A 45-point round-robin format must be used for each regular or postseason tennis game. Each team that participates in tennis as a sanctioned sport must consist of three members who play singles games and six members who play as members of three doubles teams. A member of a team may not play both singles games and doubles games.

     4.  Each member of a team who plays singles games must play one set consisting of six games against each member of an opposing team who plays singles games. If the member wins a set, the member is entitled to receive two points for that set.

     5.  Each doubles team must play one set consisting of six games against each opposing doubles team. If a doubles team wins a set, the team is entitled to receive three points for that set. A doubles team may not receive more than 27 points for winning sets during a tennis match.

     6.  No person, other than a coach for a school, may provide instruction to a member of a team during a changeover that occurs during a set. Each coach shall ensure that each member of the team for which he or she is a coach wears a school uniform for tennis during the period in which the member participates in a tennis game as a member of that team. A school uniform for tennis is not required to consist of the colors of that school.

     7.  The individual portion of a league or regional tournament for tennis consists of a 32-singles draw and a 32-doubles draw. The two best teams in each league must qualify to participate in a regional tournament by using a 45-point round-robin format.

     8.  If a tennis match results in a tie score, the winner of the match must be determined in the manner specified in the manual prepared by the Association for that purpose.

     9.  Each state tournament for tennis must be conducted in accordance with the manual prepared by the Association for that purpose.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.748  Track and field: Generally. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a track and field season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for track and field.

     2.  Each event that is held during a regional or state tournament for track and field must be conducted in the manner specified by the Board and the National Federation of State High School Associations or its successor organization. The Executive Director shall, before each regional or state tournament, provide to each school that participates in the tournament a list setting forth each event for the tournament and the order in which each event will be conducted.

     3.  A pupil who participates in track and field as a sanctioned sport shall not participate in more than four events during any track and field meet, including, without limitation, any relay race.

     4.  Each school that enrolls a pupil who participates in track and field as a sanctioned sport at that school shall comply with the rules of track and field adopted by the National Federation of State High School Associations or its successor organization. Each pupil enrolled in that school who participates in track and field as a sanctioned sport shall, if wishing to establish a record of the performance in that sanctioned sport during a season, comply with those rules during any track and field meet in which he or she participates.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.749  Volleyball: Date for beginning practice; end of season; activities between seasons; interschool scrimmages; conduct of games and matches. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a volleyball season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for volleyball.

     2.  A school shall not, after completion of the state tournament for volleyball for that season, organize a volleyball team or conduct a practice for the team until the date established by the Board for the beginning of practice for the next volleyball season.

     3.  A team at a school that participates in volleyball as a sanctioned sport may participate in not more than two interschool volleyball scrimmages during the period beginning on or after the date established by the Board for the season in which the scrimmage is played and ending on the first day of that season. The team shall not participate in a volleyball scrimmage after it participates in the first volleyball game of that season. As used in this subsection, “scrimmage” means a practice volleyball game in which:

     (a) The score is not kept;

     (b) Unpaid sports officials are used;

     (c) The period of play is divided into a number of equal assignments with running time kept; and

     (d) Spectators are not encouraged to attend.

     4.  If a team specified in subsection 2 participates in:

     (a) A match between the team and an alumni association for the school or a similarly organized group, the school shall include that match in the total number of matches or meets in which the team may participate pursuant to NAC 386.699; or

     (b) A match between the team and any other team for a charitable purpose, the school shall include that match in the total number of matches or meets in which the team may participate pursuant to NAC 386.699.

     5.  Each volleyball game must be conducted in accordance with the rules of volleyball adopted by the National Federation of State High School Associations or its successor organization.

     6.  Before each volleyball match, the home team for the match shall select the bench where the home team will sit during the match. The sports official who is assigned to the match shall, by tossing a coin, determine the team that will serve first for the match. The captain of the visiting team for the match shall call the toss of the coin. If the captain wins the toss, he or she may choose whether his or her team will serve or receive. For the deciding game of the match, the captain of the home team shall call the toss of the coin. If the captain wins the toss, he or she may choose whether his or her team will serve or receive for that game. Any time-out that is taken during the match must not exceed 60 seconds if each team participating in the match is prepared to play during the time-out.

     7.  A pupil who participates in volleyball as a sanctioned sport shall not wear any jewelry during any volleyball match or warm-up activities for the match.

     8.  Before each volleyball match, each team that participates in the match may engage in:

     (a) Warm-up activities for the match for not more than 7 minutes; and

     (b) Shared serving for the match for not more than 2 minutes.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.750  Volleyball: Format of games and matches; winner of match in which junior varsity or freshman team participates. (NRS 386.430)

     1.  The following format applies to each volleyball game or match:

     (a) Except as otherwise provided in subsection 2, if a team wins three out of five games during a match, including any match that is conducted during a double-header, that team is the winner of the match;

     (b) Each game conducted during a match must consist of 25 points and must be won by at least 2 points;

     (c) Each deciding game of a match must consist of 15 points, which must be won by at least 2 points;

     (d) Each game must allow for the commission of a let-serve; and

     (e) Each team that participates in a game must be allowed not more than two time-outs during that game.

     2.  If a junior varsity or freshman team of a school participates in volleyball as a sanctioned sport, and if the team wins two out of three games during a volleyball match, that team is the winner of the match.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.751  Volleyball: Class 1A teams with fewer than 15 members. (NRS 386.430)

     1.  Except as otherwise provided in this section, a pupil who is enrolled at a Class 1A school and who participates in volleyball as a sanctioned sport at that school may, during the same day, participate in a volleyball game for junior varsity players and a volleyball game for varsity players. A coach of a volleyball team at such a school shall not allow a pupil who is:

     (a) A member of the team to participate, during the same day, in a volleyball game for junior varsity players and a volleyball game for varsity players if the sole reason for allowing that participation is to win the game; or

     (b) A varsity player on the team to participate in a volleyball game as a junior varsity player if the team has a sufficient number of junior varsity players to participate in the game.

     2.  If a pupil participates in a volleyball game for junior varsity players and a volleyball game for varsity players during the same day pursuant to this section, the school where the game is conducted shall ensure that the game for junior varsity players is conducted before the game for varsity players.

     3.  If a team of a Class 1A school participates in a volleyball game and the membership of that team consists of junior varsity players and varsity players for the game pursuant to this section, the coach for the team shall, at least 10 minutes before the game:

     (a) Identify each junior varsity player and each varsity player on the team for the game; and

     (b) Submit the name of each pupil identified pursuant to paragraph (a) to the scorekeeper for the game.

     4.  A pupil of a Class 1A school shall not participate in a volleyball game for junior varsity players and a volleyball game for varsity players during the same day pursuant to this section unless each school against whom the pupil competes during that day agrees to allow the pupil to participate in that manner.

     5.  If a pupil who is a junior varsity player participates in a volleyball game for varsity players pursuant to this section, the pupil shall, during the period in which he or she participates in the game, wear a jersey that displays a number that is distinguishable from the numbers displayed on the jerseys of the varsity players who participate in the game.

     6.  The provisions of this section do not apply to a volleyball team that consists of 15 or more members.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.752  Wrestling: Date for beginning practice; end of season; rules and regulations; headgear. (NRS 386.430)

     1.  The Board shall establish the date upon which a school may begin practicing for a wrestling season at least 2 years before the beginning of the season. Each season ends upon completion of the state tournament for wrestling.

     2.  Except as otherwise provided in subsection 3, each wrestling contest or meet must be conducted in accordance with the rules of wrestling adopted by the National Federation of State High School Associations or its successor organization.

     3.  The regulations of the Association apply to each pupil who represents his or her school in wrestling.

     4.  Each pupil who participates in wrestling as a sanctioned sport shall, during any period in which he or she participates in a contest or meet for wrestling, wear headgear in the manner specified by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.753  Wrestling: Tournaments. (NRS 386.430)

     1.  Before the beginning of each regional or state tournament for wrestling:

     (a) The Association will determine the date, time and place of the tournament; and

     (b) The Executive Director shall appoint a director for the tournament, unless the Board appoints the Executive Director to serve as the director of the tournament pursuant to NAC 386.764. If the Executive Director appoints the director for the tournament, the director of the tournament must, as determined by the Executive Director, be qualified to supervise a wrestling tournament.

     2.  Each state tournament for wrestling must be conducted:

     (a) In accordance with the method of scoring set forth in the Wrestling Rules Book of the National Federation of State High School Associations or its successor organization; and

     (b) In the manner specified by the Board.

     3.  Except as otherwise provided in NAC 386.773 and 386.774, the Association will purchase and present awards for recognition of achievement in each state tournament for wrestling.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Spirit Squads

      NAC 386.754  Compliance with Spirit Rules Book and applicable regulations; establishment of requirements for eligibility; sanctioning and nature of activities. (NRS 386.430)

     1.  Each spirit squad shall comply with the provisions of the Spirit Rules Book of the National Federation of State High School Associations and any applicable regulations of the Association during any period in which the spirit squad participates in a competition or event that is sanctioned by the Association.

     2.  Each school district in this State may, for each school in the district, establish the requirements for eligibility for a pupil to become a member of the spirit squad of the school, including, without limitation, the requirements for academic eligibility for the pupil to become or remain a member of the spirit squad.

     3.  Any competition or other activity engaged in by a spirit squad:

     (a) Must be sanctioned by the Association pursuant to NAC 386.7547.

     (b) Is not a sanctioned sport for the purposes of NAC 386.600 to 386.886, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R136-05, 6-1-2006)

      NAC 386.7541  Responsibilities of coach; duration of season; tryouts and selection for membership; activities between seasons. (NRS 386.430)

     1.  A school may require a coach of a spirit squad of the school to report to the athletic administrator or athletic director of the school concerning any activities of the spirit squad. The coach shall cooperate with each member of the administration of the school to promote sportsmanship and encourage school spirit and pride.

     2.  The season for a spirit squad of a school begins on the first day in which the football team of the school may begin noncontact practice pursuant to NAC 386.722. The spirit squad may not begin practice for the season before the first day of that noncontact practice. Each season for a spirit squad ends:

     (a) Upon the completion of the state tournament for basketball; or

     (b) Upon the expiration of 7 days after the completion of the state tournament for basketball, if the spirit squad participates in the state tournament for spirit squads.

     3.  A school may conduct tryouts for membership on a spirit squad of the school for not more than 5 consecutive days:

     (a) Beginning on or after the date of completion of the state tournament for basketball for a school year and ending on the final day of that school year; or

     (b) Beginning on the first day of the season for the spirit squad for a school year beginning in August.

     4.  Each coach of a spirit squad of a school may select the members of the spirit squad in accordance with the procedures established by the coach for that purpose.

     5.  During any period that is not the season for a spirit squad for a school, a member of the spirit squad may engage in conditioning or participate in activities at a camp for spirit squads for not more than 15 days as determined by the school and the coach of the spirit squad.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7542  Number and membership of squads: Restrictions; authority of coach and school. (NRS 386.430)

     1.  Each school may establish not more than the following number of spirit squads to perform cheers or stunts:

     (a) One varsity spirit squad;

     (b) One junior varsity spirit squad; and

     (c) One freshman spirit squad.

     2.  Each varsity spirit squad that performs cheers or stunts must not exceed 20 members, not including the mascot for the school, each junior varsity spirit squad that performs cheers or stunts must not exceed 14 members and each freshman spirit squad that performs cheers or stunts must not exceed 12 members. The coach of each such spirit squad may determine the placement of each member on the spirit squad.

     3.  Except as otherwise provided in this section, a school may specify the number of members of a spirit squad that may perform during an event. If a spirit squad performs as a stunt, dance, drill or pom group and the spirit squad is combined with a spirit squad that performs cheers, the number of members of the combined spirit squad must not exceed 20 members.

     4.  The coach of a spirit squad of a school may, during any play-off game for football in which the school participates or for any performance conducted during the halftime of a football or basketball game in which the school participates, specify the number of members of the spirit squad who may perform during the play-off game or halftime. The coach shall not allow a pupil to engage in activities as a member of the varsity spirit squad, junior varsity spirit squad or freshman spirit squad pursuant to this subsection unless the pupil is a regular member of the spirit squad.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7543  Separate tryouts for fall and winter seasons; separate squad to perform stunts. (NRS 386.430)

     1.  A school may conduct separate tryouts for spirit squads for the fall season and the winter season of a school year. The number of members of a spirit squad formed pursuant to this subsection must not exceed the number of members of the appropriate spirit squad specified in NAC 386.7542.

     2.  A school may establish a separate spirit squad to perform stunts during a season specified in subsection 1. The number of members of such a spirit squad must be included in the maximum number of members allowed for the spirit squad pursuant to NAC 386.7542.

     3.  The provisions of this section do not authorize a school to extend or limit the duration of seasons for spirit squads established pursuant to NAC 386.7541.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7544  Members of squads: Participation in sanctioned sports; participation in activities not sponsored by school. (NRS 386.430)

     1.  A pupil who is a member of a spirit squad at a school may participate in a sanctioned sport during the season for the spirit squad if the coach of the spirit squad and the principal of the school approve the participation of the pupil in the sanctioned sport.

     2.  A pupil who is a member of a spirit squad at a school:

     (a) Shall comply with the provisions of NAC 386.698; and

     (b) May not engage in an activity as a member of a spirit squad that is not sponsored by the school during the season for the spirit squad. The provisions of this subsection do not prohibit a pupil from engaging in practice or enrolling in a class relating to spirit squads during that season.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7545  Attendance of and participation in certain competitions and events prohibited unless sanctioned by Association. (NRS 386.430)  A spirit squad of a school shall not attend or participate in any of the following competitions or events unless the competition or event is sanctioned by the Association:

     1.  Any competition or event that is conducted in this State and is sponsored or cosponsored by an organization other than a member school;

     2.  Any competition or event that is conducted in this State and is sponsored by a member school, regardless of whether the competition or event includes a school from another state; or

     3.  Any competition or event that:

     (a) Is conducted in another state;

     (b) Is attended by a member school; and

     (c) Is sponsored or cosponsored by:

          (1) A school that is a member of the authorized athletic association of the other state; or

          (2) An organization other than a school specified in subparagraph (1).

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7546  Conduct of and reference to competitions and events. (NRS 386.430)

     1.  Each school that sponsors or cosponsors a competition or event for spirit squads that is sanctioned by the Association shall ensure that the competition or event is conducted in accordance with:

     (a) The Spirit Rules Book of the National Federation of State High School Associations;

     (b) The rules of the school; and

     (c) The laws and regulations of the state in which the school sponsors or cosponsors the competition or event.

     2.  A school or organization that sponsors or cosponsors a competition or event for spirit squads that is sanctioned by the Association in this State shall not refer to the competition or event as a Nevada state competition.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7547  Application for sanctioning of competition or event: Requirements for submission; action on application; penalty for late submission. (NRS 386.430)

     1.  Each application for the sanctioning of a competition or event by the Association must be submitted on a form furnished by the Association. The application must:

     (a) Except as otherwise provided in subsection 2, be submitted to the Association not later than 30 days before the competition or event; and

     (b) Be accompanied by:

          (1) A copy of each regulation or rule applicable for conducting the competition or event;

          (2) Proof of liability insurance;

          (3) A list setting forth the name of each state, school or group that is invited to attend the competition or event; and

          (4) Any other information required by the Association.

     2.  As soon as practicable after receiving an application, the Executive Director or a person designated by the Executive Director shall review the application. As soon as practicable after approving or denying the application, the Association will submit a written notification of the approval or denial of the application to the applicant and each member school. If an applicant fails to submit the application within the period specified in subsection 1, and if the application is approved, the applicant must pay to the Association a penalty in the amount of $100.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

      NAC 386.7548  Attendance of or participation in competition or event: Ascertainment of sanctioning; penalty if not sanctioned; approval required; position of Association; prohibition; duty of coach. (NRS 386.430)

     1.  A school may determine whether the Association has sanctioned a competition or event by accessing the website of the Association at http://www.nevada.ihigh.com or http://www.niaa.com.

     2.  If a spirit squad of a school attends or participates in a competition or event that is not sanctioned by the Association, the Association may impose a penalty against the school in the amount of $500.

     3.  Before a spirit squad of a school may attend or participate in a competition or event that is sanctioned by the Association, the principal of the school or a designee thereof must approve the attendance or participation of the school in the competition or event.

     4.  The Association:

     (a) Encourages each school to authorize each spirit squad of the school to attend or participate in not more than three sanctioned competitions or events during the season for the spirit squad.

     (b) Does not require or encourage a school to attend or participate in any competition or event sanctioned by the Association.

     5.  A spirit squad of a school shall not participate in any competition for spirit squads that is conducted after the end of the season for the spirit squad established pursuant to NAC 386.7541. Each coach of a spirit squad shall ensure that the spirit squad complies with the provisions of subsection 1 of NAC 386.754.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R136-05, eff. 6-1-2006)

Championships and Awards

      NAC 386.755  Determination of championship: Participation by school in only one series of play-off games, tournaments or elimination meets; declaration based on percentage rating for regular season. (NRS 386.430)

     1.  A school shall not participate in more than one series of league, regional or state play-off games, tournaments or elimination meets to determine the championship for a sanctioned sport.

     2.  The provisions of this section do not prohibit the Executive Director from declaring a champion in a sanctioned sport based on a percentage rating for a school for the regular season for the sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.756  Tournaments: Determination of events for inclusion; location of events within State. (NRS 386.430)  Before each league, regional or state tournament for a sanctioned sport, the Board shall determine each event that must be included in the league, regional or state tournament. The Board shall ensure that each event for a state tournament is conducted in this State unless the Board and the league or region for which the Board conducts the state tournament agree upon a location for the event that is outside this State.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.757  Tournaments: Conduct at location other than school. (NRS 386.430)  If a league, regional or state tournament is conducted at a location other than a school:

     1.  Any facility that the Association uses or retains for the tournament shall be deemed to be the property of a school during the period in which the tournament is conducted; and

     2.  Any statute, regulation, ordinance or policy that applies to the use of any property of a school shall be deemed to apply to any facility specified in subsection 1 during the period specified in that subsection.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.758  Tournaments: Representation of participating school by band or other group. (NRS 386.430)  Any band or other group from a school that participates in a league, regional or state tournament may, if approved by the director of the tournament, represent the school at the tournament. The band or group:

     1.  Shall comply with any requirements imposed by the director of the tournament relating to any activities of the band or group at the tournament;

     2.  May not appear on behalf of the school during any period other than the halftime for each game in which the school participates; and

     3.  May attend the tournament without paying admission if the band or group dresses in uniform during each period in which the band or group appears on behalf of the school during the tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.759  Tournaments: Manual of formats; establishment and approval of formats. (NRS 386.430)  The Association will set forth in a manual prepared by the Association for that purpose the format for each tournament for a sanctioned sport for each class established pursuant to NAC 386.667. Each format included in the manual must be:

     1.  Established by:

     (a) The committee appointed pursuant to NAC 386.667; and

     (b) Each league for the sanctioned sport established pursuant to NAC 386.667; and

     2.  Approved by the Board.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.760  Tournaments: Submission by class or league of proposed change in format. (NRS 386.430)  Each class or league established pursuant to NAC 386.667 may submit to the Executive Director any proposed change in the format of a state tournament or a tournament for the class or league. A proposed change submitted pursuant to this subsection must include, without limitation, the following information for the proposed change:

     1.  The proposed brackets for the tournament;

     2.  The results of a survey of each school conducted by the class or league concerning the benefit of the proposed change;

     3.  The estimated expenses for travel to and from the tournament;

     4.  The estimated time away from classes that each pupil will incur to participate in the tournament; and

     5.  The estimated cost of the proposed change.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.761  Tournaments: Establishment of price of admission; disposition of proceeds. (NRS 386.430)  Before each league, regional or state tournament, the Board shall establish the price of admission for the tournament. All proceeds received from the tournament, after deducting any allowable expenses, must be submitted to the Executive Director for use by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.762  Tournaments: Retention of proceeds by Association. (NRS 386.430)  The Association will retain, after deducting any allowable expenses, all proceeds received from conducting a league, regional or state tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.763  Solicitation of spectator for purpose other than admission or related services. (NRS 386.430)  Unless approved by the Executive Director, a person shall not, during any play-off game or tournament that is conducted by the Association, solicit a spectator at the game or tournament for any purpose other than for admission to the game or tournament or for any related services at the game or tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.764  Director of regional or state tournament: Appointment; compensation. (NRS 386.430)  Before each regional or state tournament for a sanctioned sport, the Executive Director shall, unless the Board appoints the Executive Director to serve as the director of the tournament:

     1.  Appoint a director for the tournament; and

     2.  Determine the compensation for each director appointed pursuant to subsection 1 for the tournament for which he or she is appointed.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.765  Sports officials for tournaments: Assignment; compensation. (NRS 386.430)  The Executive Director or a designee thereof shall assign sports officials for each league, regional or state tournament. The Board shall determine the amount of compensation for each of those sports officials for the tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.766  Prerequisites to scheduling or conducting state tournament for Class 1A or 2A region or regional tournament for Class 1A or 2A league; number of participants required for certain sanctioned sports. (NRS 386.430)

     1.  The Executive Director shall not schedule or conduct:

     (a) A state tournament for a sanctioned sport for a Class 1A or 2A region unless at least nine teams from the region participate in the region during the season for the sanctioned sport; or

     (b) A regional tournament for a sanctioned sport for a Class 1A or 2A league unless at least three teams from the league participate in the league during the season for the sanctioned sport.

     2.  For the purpose of this section, a team that participates in a sanctioned sport specified in this subsection must consist of the following number of participants for that sanctioned sport, as determined by the roster of participants prepared by the Association for that purpose for the season for the sanctioned sport:

     (a) Cross-country, not less than five participants;

     (b) Golf, not less than five participants;

     (c) Tennis, not less than four participants;

     (d) Track and field for boys or girls, not less than one participant in each of at least 14 events; and

     (e) Wrestling, not less than one participant in each of at least seven weight classifications.

     3.  If, during a season for a sanctioned sport specified in subsection 2, the number of participants in the sanctioned sport falls below the number of participants required for the sanctioned sport pursuant to that subsection, the reduction in that number does not affect the status of the team for the season.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.767  Prerequisites to scheduling or conducting state tournament for Class 3A or 4A region or regional tournament for Class 3A or 4A league; number of participants required for certain sanctioned sports. (NRS 386.430)

     1.  The Executive Director shall not schedule or conduct:

     (a) A state tournament for a sanctioned sport for a Class 3A or 4A region unless at least nine teams from the region participate in the sanctioned sport during the season for the sanctioned sport; or

     (b) A regional tournament for a sanctioned sport for a Class 3A or 4A league unless at least four teams from the league participate in a sanctioned sport during the season for the sanctioned sport.

     2.  For the purposes of this section, a team that participates in a sanctioned sport specified in this subsection must consist of the following number of participants for that sanctioned sport, as determined by the roster of participants prepared by the Association for that purpose for the season for the sanctioned sport:

     (a) Cross-country, not less than five participants;

     (b) Golf, not less than five participants;

     (c) Tennis, not less than four participants;

     (d) Track and field for boys or girls, not less than one participant in each of at least 14 events; and

     (e) Wrestling, not less than one participant in each of at least seven weight classifications.

     3.  If, during a season for a sanctioned sport specified in subsection 2, the number of participants in the sanctioned sport falls below the number of participants required for the sanctioned sport pursuant to that subsection, the reduction in that number does not affect the status of the team for the season.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.768  State tournament: Submission of schedule to member schools. (NRS 386.430)  As soon as practicable after scheduling a state tournament for a sanctioned sport, the Executive Director shall submit the schedule for the state tournament to each member school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.769  State tournament: Procedure when cancelled or not completed because of unforeseeable and unavoidable cause. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.711 and 386.742, if a state tournament is cancelled or not completed because of weather or a natural disaster, or any other unforeseeable and unavoidable cause, the director of the tournament:

     (a) Shall, if practicable, complete the state tournament in accordance with the schedule for the state tournament by using any available means, including, without limitation, imposing a delay or postponement or using an abbreviated schedule for the state tournament; or

     (b) May, if unable to complete the state tournament pursuant to paragraph (a), reschedule the state tournament for completion within a reasonable period and at a location that is convenient to each school competing in the state tournament if the superintendent of schools of each school district that is involved in the state tournament approves the rescheduling.

     2.  The director of a tournament shall not schedule a game, contest or meet pursuant to this section for completion on a Sunday.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.770  State tournament: Replacement of qualifying participant; notice of intention to use alternate member of team. (NRS 386.430)

     1.  If a pupil, after qualifying to participate in a state tournament, is unable to participate in that tournament because of an illness or injury that is verified by a physician or because of academic ineligibility or any other justifiable cause:

     (a) The pupil who is the next best qualifier in the tournament for the school may participate in the tournament; and

     (b) Each member of the team may advance one place. If a participant who is in the lowest place is not available to advance to the next highest place, the lowest place must remain unfilled for the school during the tournament.

     2.  If a coach intends to use an alternate member of a team to participate in a state tournament, the coach shall notify the director of the tournament of that fact at least 24 hours before the tournament begins.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.771  Presumption regarding game, contest or meet for varsity players; determination of standings for play-offs. (NRS 386.430)  Except as otherwise provided in a contract or other agreement between two or more schools to conduct a game, contest or meet, the Association will:

     1.  Presume that each game, contest or meet for varsity players for a sanctioned sport in which at least two schools participate is between the strongest representative team for each of those schools; and

     2.  Use each game, contest or meet for a sanctioned sport specified in subsection 1 in determining the standings for scheduling and bracketing for play-offs for the sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.772  Play-off games: Determinations by Executive Director. (NRS 386.430)  The Executive Director shall determine the date, time and place for conducting each play-off game, including the manner in which a tiebreaker must be conducted within a league, regional or state play-off.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.773  Awards: Determination of number; awarding of league and regional trophies and medals. (NRS 386.430)

     1.  Except as otherwise provided in this section and NAC 386.774, the Board shall determine the number of awards for each sanctioned sport for each season for that sanctioned sport.

     2.  The Executive Director shall award a league and regional trophy to the championship team for each league and region for each season for a sanctioned sport. If a play-off or tournament is not conducted for a league or region for a season, the Executive Director shall award a trophy to the championship team for the league or region. If a tournament for the championship in a sanctioned sport results in a tie score for the tournament, the Executive Director shall award a trophy to each team with a tie score for the tournament.

     3.  The Executive Director shall award medals for each league and region as follows:

     (a) Cross-country, to the first six places.

     (b) Girls’ golf, to the first five places.

     (c) Swimming, to the first five places in each event.

     (d) Tennis, to the first four places in singles and doubles competition.

     (e) Track and field for Class 1A and 2A, to the first four places in each event.

     (f) Track and field for Class 3A for the Northern League, to the first five places in each event.

     (g) Track and field for Class 3A for the Southern League, to the first three places in each event.

     (h) Track and field for Class 4A, to the first five places in each event.

     (i) Wrestling for Class 2A, to the first four places in each weight classification.

     (j) Wrestling for Class 3A for the Northern League, to the first five places in each weight classification.

     (k) Wrestling for Class 3A for the Southern League, to the first three places in each weight classification.

     (l) Wrestling for Class 4A, to the first five places in each weight classification.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.774  Awards: Awarding of state trophies and medals; purchase of additional medals. (NRS 386.430)

     1.  The Executive Director shall award a state trophy to each state champion and each second place contestant in each sanctioned sport.

     2.  The Executive Director shall award state medals as follows:

     (a) For the fall season:

          (1) Cross-country, to each member of the championship team, in addition to the first seven places.

          (2) Girls’ golf, to each member of the championship team, in addition to the first five places.

          (3) Football, to each member of the championship team.

          (4) Soccer, to each member of the championship team.

          (5) Tennis, to each member of the championship team, in addition to the first four places in singles and doubles competition.

          (6) Girls’ volleyball, to each member of the championship team.

     (b) For the winter season:

          (1) Bowling, to each member of the championship team.

          (2) Basketball, to each member of the championship team.

          (3) Skiing, to each member of the championship team.

          (4) Wrestling, to the first four places in each weight classification for an 8-man bracket or the first six places in each weight classification for a 16-man bracket.

     (c) For the spring season:

          (1) Baseball, to each member of the championship team.

          (2) Boys’ golf, to each member of the championship team, in addition to the first five places.

          (3) Softball, to each member of the championship team.

          (4) Swimming and diving, to the first four places in each event.

          (5) Track and field, to the first four places in each event.

          (6) Boys’ volleyball, to each member of the championship team.

     3.  If a state tournament for the championship in a sanctioned sport results in a tie score for the state tournament, the Executive Director shall award a trophy and medal to each team with a tie score for the state tournament.

     4.  A member school may purchase additional medals from any person who has contracted with the Association to provide medals to the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.775  Awards: Limitation on retail value. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, if a pupil enrolls in a school and participates in a sanctioned sport at that school, the pupil shall not accept any medal, cup, trophy or other award for competing in an athletic event if the retail value of the medal, cup, trophy or award is more than $200.

     2.  The provisions of subsection 1 do not apply to a pupil specified in that subsection who qualifies for the “Operation Gold” program sponsored by the United States Olympic Committee.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Eligibility of Pupils and Coaches

      NAC 386.776  Registration of pupils: Applicability of certain provisions. (NRS 386.430)  The provisions of NAC 386.777 and 386.778 apply to each school concerning the registration of a pupil who participates in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.777  Registration of pupils: Duties of school and pupil; rosters; scheduling of first game, contest or meet of season; penalty. (NRS 386.430)

     1.  A school shall ensure that each pupil who attends the school registers with the Executive Director before the pupil participates in any sanctioned sport. The registration must be completed on a form approved by the Executive Director.

     2.  A pupil must register separately for each sanctioned sport in which he or she participates during each school year.

     3.  Each initial roster prepared by a school must be mailed or transmitted by facsimile machine to the Executive Director and must be postmarked or dated by a facsimile machine on or before the date of the first game, contest or meet that is authorized for the sanctioned sport by the Association. Any name added to the initial roster must be received by the Executive Director before the pupil whose name is added to the roster is eligible to participate in the sanctioned sport.

     4.  A school shall not schedule the first game, contest or meet of a sanctioned sport until 10 days after the first day of the season for the sanctioned sport.

     5.  A school that fails to comply with subsection 3 shall pay a fine of $100 to the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.778  Registration of pupils: Adoption by school district of additional requirements for eligibility. (NRS 386.430)

     1.  Except as otherwise provided in NRS 386.464, any school district that has jurisdiction over a school may adopt additional requirements for eligibility that are stricter than the requirements for eligibility set forth in NAC 386.776 to 386.832, inclusive, if:

     (a) The school district that proposes to adopt stricter requirements submits a copy of the proposed requirements to the Executive Director at least 30 days before the next regularly scheduled meeting of the Board;

     (b) The proposed requirements identify the regulations adopted by the Association that the school district proposes to amend; and

     (c) The Board approves the proposed requirements at its next regularly scheduled meeting.

     2.  The Board shall, within 30 days after reviewing a proposed requirement pursuant to paragraph (c) of subsection 1, send a written notice of its decision to the school district.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.779  General requirements for eligibility of pupil; exception. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, a pupil is eligible to participate or practice in a sanctioned sport if the pupil:

     (a) Is enrolled in the 9th, 10th, 11th or 12th grade in a school where he or she is registered to participate in the sanctioned sport;

     (b) Resides within the zone of attendance of the school in accordance with NAC 386.782;

     (c) Complies with the regulations of the Association, the school and the school district that has jurisdiction over the school relating to eligibility to participate in a sanctioned sport;

     (d) Has not received a high school diploma or general equivalency diploma;

     (e) Is not enrolled full-time at a college, junior college or other postsecondary educational institution;

     (f) Has not participated on an athletic team of a college, junior college or other postsecondary educational institution; and

     (g) Has not participated in a sanctioned sport as a professional athlete.

     2.  A pupil who enrolls in the 9th grade at:

     (a) A private high school is ineligible for 180 school days after his or her enrollment at the private high school to participate in a sanctioned sport at the level of varsity if the pupil did not attend a private grade school, junior high or middle school for at least 180 school days immediately preceding the date of his or her enrollment at the private high school.

     (b) A public high school is ineligible for 180 school days after his or her enrollment at the public high school to participate in a sanctioned sport at the level of varsity if the pupil did not attend a public grade school, junior high or middle school located within the zone of attendance of the public high school for at least 180 school days immediately preceding the date of his or her enrollment in the public high school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.780  Maximum allowable participation by pupil. (NRS 386.430)

     1.  Except as otherwise provided in subsection 3, after a pupil enrolls in the ninth grade, the pupil is eligible to participate in a sanctioned sport for not more than eight consecutive semesters.

     2.  A pupil is not eligible to participate:

     (a) For more than four seasons in any sanctioned sport; or

     (b) In the same sanctioned sport more than once during a school year.

     3.  A pupil who, because of substandard academic performance, enrolls in the ninth grade during the second academic semester of a school year shall be deemed to have been eligible to participate in a sanctioned sport as of the first academic semester of that school year. Such a pupil shall be deemed to be a member of the class which enrolled in the ninth grade during the first academic semester of the school year and the pupil is ineligible to participate in a sanctioned sport after the school year during which the class is scheduled to graduate.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R050-05, 12-29-2005)

      NAC 386.781  Limitation on and record of age of pupil. (NRS 386.430)

     1.  A pupil whose 20th birthday occurs during a season is ineligible to participate in any sanctioned sport during that season and any season that is conducted after that date.

     2.  Each school shall maintain a record indicating the age of each pupil who:

     (a) Is enrolled in the school; and

     (b) Participates in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.782  Residency of pupil: General requirements. (NRS 386.430)

     1.  To be eligible to participate in a sanctioned sport, a pupil must attend the school that is located in the zone of attendance of the residence of a parent or legal guardian of the pupil as determined by the school district in which the residence is located. A pupil enrolled in a school based on an affidavit of residency is not eligible to participate in any sanctioned sport at the school.

     2.  A pupil whose parents are divorced or separated is eligible to participate in a sanctioned sport at the school that is located within the zone of attendance of the residence of the parent having primary physical custody of the pupil as determined by an order or decree issued by a court of competent jurisdiction establishing that the parent has been awarded primary physical custody of the pupil.

     3.  If the primary physical custody of a pupil whose parents are divorced or separated is jointly shared at the separate residences of the parents and if the pupil:

     (a) Was enrolled in a member school at the time of the divorce or separation, the pupil remains eligible to participate in a sanctioned sport at that member school.

     (b) Was not enrolled in a member school at the time of the divorce or separation, the member school that is located within the zone of attendance of the residence of the pupil at the time of the divorce or separation is the pupil’s home school for the purposes of NAC 386.600 to 386.886, inclusive.

     4.  A pupil who begins ninth grade at a private school that serves all pupils who are located within the zone of attendance of the residence of a parent or legal guardian of the pupil is eligible to participate in a sanctioned sport at the private school.

     5.  For the purposes of NAC 386.600 to 386.886, inclusive, the Association will not recognize a temporary guardianship that is granted without the approval of a court pursuant to NRS 159.205 or 159.215.

     6.  A pupil is not eligible to participate in a sanctioned sport at a school that is located within the zone of attendance of the legal guardian of the pupil unless the legal guardian has complied with subsection 3 of NAC 386.785.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R050-05, 12-29-2005; R207-08 & R147-10, 5-5-2011)

      NAC 386.783  Residency of pupil: Burden of proof; establishment of new residence; reestablishment of former residence. (NRS 386.430)

     1.  The burden of proof rests with a parent or legal guardian of a pupil, or a pupil if he or she is 18 years of age or older and does not live with a parent or legal guardian, to prove to the satisfaction of the school district or the Executive Director, as appropriate, that the pupil has established a residence within the zone of attendance of a school.

     2.  A pupil who is 18 years of age or older and does not live with a parent or legal guardian must comply with subsection 6 of NAC 386.785 to establish residency.

     3.  To establish residency pursuant to this section, a pupil or a parent or legal guardian of a pupil must submit to the school district or Executive Director, as appropriate, evidence establishing to the satisfaction of the school district or Executive Director the right of the pupil, parent or legal guardian to use the new residence, and other evidence establishing abandonment of the former residence by the pupil, parent or legal guardian. The evidence may include, without limitation:

     (a) A document indicating the sale of the former residence and the issuance of the deed for the new residence to the pupil, parent or legal guardian;

     (b) A document indicating the pupil, parent or legal guardian leases the new residence;

     (c) A bill for the payment of utility services, including a bill for telephone, power, sewer or garbage service at the new residence;

     (d) A driver’s license or certificate of registration of a vehicle that includes the address of the new residence;

     (e) A change of address included on a form for the registration of voters; and

     (f) Any other evidence indicating that the pupil or the parent or legal guardian resides at the new address.

     4.  If a pupil establishes eligibility to participate in a sanctioned sport pursuant to subsection 3 and, within 1 year after establishing that eligibility, reestablishes a residence in his or her former school district or zone of attendance, the pupil is ineligible to participate in interscholastic activities at the former school for 180 school days unless the pupil has complied with the provisions of NAC 386.786.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.784  Presumption of ineligibility of pupil who transfers to another school. (NRS 386.430)

     1.  Any pupil who transfers to another school is presumed ineligible to participate in any sanctioned sport at the school to which the pupil transfers for 180 school days.

     2.  The presumption set forth in subsection 1 applies to a pupil who transfers from:

     (a) A school to another school within the same school district that has established zones of attendance for pupils who reside within that school district;

     (b) A school district to another school district; or

     (c) A public school to a private school, a private school to a public school or a private school to another private school within the zone of attendance.

     3.  Except as otherwise provided in subsection 4, a pupil or a parent or legal guardian of the pupil may rebut the presumption set forth in subsection 1 by filing an appeal pursuant to NAC 386.850 to 386.858, inclusive.

     4.  A pupil or a parent or legal guardian of a pupil may not rebut the presumption set forth in subsection 1 if the pupil transferred to another school within 1 year after the pupil:

     (a) Participated in an athletic event as a member of a team that is affiliated with the school to which he or she transferred, including, without limitation, an athletic event sponsored or conducted by the Amateur Athletic Union, the American Legion or a similar organization specified by the Executive Director; or

     (b) Received any athletic instruction from a person who is affiliated with that school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R147-10, 5-5-2011; R040-11, 12-30-2011)

      NAC 386.785  Rebuttal of presumption of ineligibility of pupil who transfers to another school; period of ineligibility of pupil who returns to former residence; deviation from certain provisions. (NRS 386.430)

     1.  A pupil who transfers from a school to another school within the same school district or to another school district may, after filing an appeal pursuant to NAC 386.850 to 386.858, inclusive, rebut the presumption of ineligibility set forth in NAC 386.784 if the pupil provides proof satisfactory to the Association that the parents or legal guardian of the pupil or, if the parents are divorced or separated, the parent who has legal custody of the pupil resides within the zone of attendance of the school or the boundaries of the school district to which the pupil transfers in accordance with the provisions of this section.

     2.  If the parents of a pupil specified in subsection 1 are not living together, the parent with whom the pupil resides must provide, in addition to the proof required by subsection 1, a certified copy of the order or decree issued by a court of competent jurisdiction establishing that the parent has been awarded physical custody of the pupil.

     3.  If a pupil specified in subsection 1 resides with a legal guardian, the legal guardian must provide, in addition to the proof required by subsection 1, a certified copy of the order or decree of a court of competent jurisdiction appointing that person as the legal guardian of the pupil and setting forth a specific finding by the court that the legal guardianship has not been established pursuant to NRS 159.205 or 159.215 and that:

     (a) The parents of the pupil are unfit or incapable of maintaining or caring for the pupil; or

     (b) The pupil is a delinquent who will benefit from the guardianship.

     4.  The exception set forth in subsection 3 applies only to a pupil for whom a legal guardian is appointed by a court of competent jurisdiction for the best interests of the pupil. If the Association determines that a legal guardianship has been established to circumvent the provisions of NAC 386.600 to 386.886, inclusive, the Association will refuse to recognize the legal guardianship and determine the eligibility of the pupil as if no legal guardianship existed.

     5.  If a guardianship is established for any reason other than the reasons set forth in paragraph (a) or (b) of subsection 3, the legal guardian must provide, in addition to the proof required by subsection 1, proof satisfactory to the Association that a hardship exists.

     6.  If a pupil does not reside with a parent or legal guardian, the pupil must establish by a preponderance of the evidence that he or she is living apart from the parent or legal guardian without financial support from any person or entity.

     7.  If a pupil or a parent or legal guardian of a pupil establishes by a preponderance of the evidence the matters set forth in subsection 1 at a hearing conducted pursuant to NAC 386.850 to 386.858, inclusive, the pupil is eligible to participate in a sanctioned sport.

     8.  A pupil who is eligible to participate in a sanctioned sport pursuant to this section and who, within 1 year after becoming eligible, returns to the pupil’s former residence or a residence in the school district from which he or she transferred is ineligible to participate in the sanctioned sport for 180 school days after the date on which the pupil returns to that residence.

     9.  A school district consisting of more than one school is not required to comply with the requirements of this section if the school district imposes requirements that are stricter than the requirements set forth in this section.

     10.  Except as otherwise provided in NRS 386.464, if a high school is opened in a school district specified in subsection 9, the school district may submit a request to the Association to deviate from the regulations adopted by the Association relating to the transfer of pupils. Each request submitted pursuant to this subsection must include the regulations from which the school district wishes to deviate and the reason for each requested deviation. Upon approval of the request, the school district may, during the year in which the high school is opened, deviate from the regulations in the manner specified by the Association in its approval of the request.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007; R040-11, 12-30-2011)

      NAC 386.786  Pupil who transfers to another school within same zone of attendance or after change in zone of attendance. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, an eligible pupil who attends a school for at least 180 school days and transfers from a school to another school within the zone of attendance is ineligible to participate in any sanctioned sport in which the pupil’s name appeared on a roster of the Association for 180 school days after the date of the transfer. If the pupil transfers within the first 180 school days, he or she is ineligible:

     (a) For the remainder of the school year in which he or she transfers; and

     (b) For 180 school days after the date of the transfer.

     2.  A pupil who resides with a parent or legal guardian, or who is emancipated, and resides in an area that is affected by a change in the zone of attendance of a school, may transfer from a school to another school, regardless of whether the change in the zone of attendance was initiated to establish the zone of attendance for a new school or to carry out the rezoning of an existing school.

     3.  A pupil specified in subsection 2 may transfer from a school to another school pursuant to that subsection:

     (a) Not more than once; and

     (b) Only if the transfer is completed on or before the beginning of the school year in which the change in the zone of attendance occurred.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R144-07, 1-30-2008)

      NAC 386.787  Pupil who is approved to attend magnet school or vocational or technical school that offers sanctioned sport. (NRS 386.430)

     1.  A pupil who does not reside within the zone of attendance of a magnet school or a vocational or technical school that is located within a school, and who obtains a waiver to attend the program of the magnet school or vocational or technical school, is eligible to participate in any sanctioned sport at the school.

     2.  To establish eligibility pursuant to subsection 1, the pupil must:

     (a) Comply with the requirements of the magnet school or vocational or technical school for filing an application;

     (b) Comply with the requirements to participate in the program of the magnet school or vocational or technical school;

     (c) Enroll in the courses required for pupils participating in the program of the magnet school or vocational or technical school; and

     (d) Maintain eligibility to complete the program of the magnet school or vocational or technical school.

     3.  During the period in which the pupil is enrolled in the magnet school or vocational or technical school, the pupil may participate only in a sanctioned sport that is offered by the school in which the magnet school or vocational or technical school is located.

     4.  A pupil who is approved to enroll in a magnet school or a vocational or technical school and fails to comply with the requirements of subsection 2, or who does not complete the program of the magnet school or vocational or technical school, becomes immediately ineligible to participate in a sanctioned sport at the school in which the magnet school or vocational or technical school is located for 180 school days.

     5.  A pupil who is accepted into the program of a magnet school or a vocational or technical school and who, after acceptance into the program, chooses to return to his or her school of residence, becomes ineligible for the remainder of the school year in which the transfer occurs and for an additional 180 school days in any sanctioned sport in which the pupil’s name appeared on a roster of the Association during the period he or she attended the magnet school or vocational or technical school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08, 5-5-2011)

      NAC 386.788  Pupil who attends magnet school or vocational or technical school that does not offer sanctioned sport. (NRS 386.430)  A pupil who attends a magnet school or a vocational or technical school that does not offer a sanctioned sport remains eligible at his or her school of residence for the purpose of participating in any sanctioned sport that is not offered at the magnet school or vocational or technical school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08, 5-5-2011)

      NAC 386.789  Pupil who attends charter school; requirements of charter school relating to eligibility. (NRS 386.430)

     1.  A pupil who attends a charter school that is approved by a school district remains eligible at his or her school of residence for the purpose of participating in any sanctioned sport that is not offered by the charter school.

     2.  A pupil who participates in a sanctioned sport at his or her school of residence pursuant to subsection 1 must comply with the requirements for eligibility of the school he or she attends.

     3.  Any requirements of a charter school relating to eligibility for participation in a sanctioned sport must be approved by the Association or the school district in which the charter school is located.

     4.  As used in this section, “charter school” has the meaning ascribed to it in NRS 385.007.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.790  Pupil assigned to option-zoned school; effect of rezoning of boundaries of certain school districts during school year. (NRS 386.430)

     1.  A pupil who is assigned to an option-zoned school by a school district may establish eligibility to participate in a sanctioned sport in accordance with this section.

     2.  A pupil specified in subsection 1 who attends his or her school of residence remains eligible at that school. The pupil may choose to attend an option-zoned school at any time, and is immediately eligible to participate in a sanctioned sport at that option-zoned school. If the pupil transfers between schools that are located within an option zone, the pupil is ineligible to participate in a sanctioned sport for 180 school days after the initial transfer.

     3.  A pupil specified in subsection 1 who initially chooses to attend an option-zoned school is immediately eligible to participate in any sanctioned sport that is offered by the option-zoned school. A pupil who initially chooses to attend an option-zoned school and who, after attending the option-zoned school, transfers to his or her school of residence, becomes ineligible for the remainder of the school year in which the transfer occurs and for an additional 180 school days in any sport in which the pupil’s name appeared on a roster of the Association during the period he or she attended the option-zoned school.

     4.  If a school district has more than one school located within the school district and the school district rezones its boundaries during a school year, the school district is not required, during that school year, to comply with the provisions of NAC 386.785. The provisions of subsection 2 of NAC 386.786 apply to any pupil of a school who is affected by the rezoning. A pupil who is adversely affected by the rezoning may not appeal the decision of the school district to the Association.

     5.  As used in this section, “option-zoned school” means a school for which a school district authorizes a pupil who does not reside within the zone of attendance of the school to attend the school. The term includes a magnet school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R144-07, 1-30-2008)

      NAC 386.791  Pupil enrolled in high school located within community college; pupil who attends high school pursuant to certain alternative program. (NRS 386.430)

     1.  A pupil who is eligible to participate in a sanctioned sport at a school that is located in the school district in which the pupil resides and who is enrolled in a high school that is located within a community college of the Nevada System of Higher Education pursuant to a program of a school district remains eligible to participate in the sanctioned sport at the school that is located in the school district in which the pupil resides.

     2.  A pupil who attends a high school pursuant to an alternative program specified in NRS 388.537 may submit a written appeal to the Association requesting a determination of eligibility to participate in a sanctioned sport if the pupil has obtained approval to participate in the sanctioned sport from:

     (a) The principal of the high school at which the pupil is enrolled pursuant to the alternative program;

     (b) The principal of the school at which the pupil may participate in the sanctioned sport; and

     (c) The administrator of the school district in which the pupil resides.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007; R147-10, 5-5-2011)

      NAC 386.792  Pupil who attends private school that does not offer sanctioned sport. (NRS 386.430)  A pupil who attends a private school that does not offer a sanctioned sport is not eligible to participate in that sanctioned sport at his or her school of residence.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.793  Homeschooled children. (NRS 386.430, 386.462)

     1.  To be eligible to participate in a sanctioned sport, a parent or legal guardian of a homeschooled child must submit to the school district in which the homeschooled child resides a written notice of intent to provide instruction for the homeschooled child at home. A parent or legal guardian of a homeschooled child who submits such a notice shall be deemed to be the teacher of the homeschooled child for all matters relating to participation by the homeschooled child in a sanctioned sport.

     2.  To be eligible to participate in a sanctioned sport, a parent or legal guardian of a homeschooled child must submit evidence satisfactory to the Executive Director that the homeschooled child has complied with the requirements for academic eligibility adopted by the school district in which he or she resides pursuant to NAC 386.803. The evidence must be submitted to the person designated by the school pursuant to paragraph (c) of subsection 4.

     3.  A homeschooled child who withdraws from a school where he or she is enrolled:

     (a) Remains eligible to participate in a sanctioned sport at that school if eligible to participate in that sanctioned sport at the time of withdrawal from the school; or

     (b) If not eligible to participate in a sanctioned sport at the time of withdrawal from the school, must establish eligibility to participate in that sanctioned sport by complying with the requirements for academic eligibility specified in subsection 2.

     4.  If a homeschooled child resides within the zone of attendance of a school and notifies the school that he or she wishes to participate in a sanctioned sport at that school, the school shall provide to the parent or legal guardian of the homeschooled child:

     (a) A statement setting forth the requirements for academic eligibility to participate in a sanctioned sport specified in subsection 2;

     (b) All schedules and requirements of the school relating to eligibility for participation in a sanctioned sport at the school; and

     (c) The name and telephone number of a person in the athletic department of the school with whom the homeschooled child or a parent or legal guardian of the homeschooled child may communicate relating to the academic eligibility of the homeschooled child to participate in the sanctioned sport.

     5.  A homeschooled child may participate in a sanctioned sport at a private school upon approval by the private school. The private school may charge and collect a fee for authorizing the participation of the pupil in the sanctioned sport. The fee must be uniform with respect to homeschooled children. The private school shall report any such fee to the Association. A homeschooled child who participates in a sanctioned sport pursuant to this section is subject to the provisions of this chapter governing transfers.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R050-05, 12-29-2005)

      NAC 386.794  Siblings enrolled in high school and assigned to school pursuant to zoning regulations of school district. (NRS 386.430)

     1.  The provisions of this section apply to a family that has more than one child who:

     (a) Is enrolled in a high school in this State; and

     (b) In accordance with the regulations of a school district relating to zoning, is assigned by the school district to a school.

     2.  The oldest child of a family specified in subsection 1 is eligible to participate in a sanctioned sport only at the school to which that child is assigned by the school district.

     3.  Each younger child who is enrolled in a high school in this State at the time the regulations specified in paragraph (b) of subsection 1 are adopted by the school district and who qualifies for a variance in his or her zone of attendance pursuant to those regulations is eligible to participate in a sanctioned sport at the school within his or her zone of attendance or the school attended by the oldest child. If the younger child transfers to another school after making the initial choice of a school, he or she is ineligible to participate in a sanctioned sport for 180 school days.

     4.  The provisions of subsection 3 apply to any member of a family who is approved for a variance specified in that subsection during any period in which another child of the family attends the school that is located within the zone of attendance of the family. If a member of the family chooses to attend his or her school of residence or if a member of the family does not attend the school of residence, the family must comply with the requirements for eligibility that are applicable to any other pupil enrolled in the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.795  Foreign exchange students and international students; penalty. (NRS 386.430)

     1.  The provisions of this section govern the eligibility of:

     (a) A foreign exchange student; and

     (b) An international student who enrolls in a school and is not a foreign exchange student.

     2.  The Association will allow a foreign exchange student to participate in a sanctioned sport if the foreign exchange student:

     (a) Is sponsored by and placed with a host family in the United States by an international student exchange program that:

          (1) Is approved for listing by the Council on Standards for International Educational Travel or its successor organization;

          (2) Is recognized by the United States Department of State; and

          (3) Assigns students to host families in a manner which ensures that a student, school or other interested party is unable to influence the assignment of the student to a host family for athletic or other purposes or in any other manner which ensures that the student is not chosen or placed because of his or her athletic interests or abilities;

     (b) Possesses a J-1 Visa issued by the United States Citizenship and Immigration Services of the Department of Homeland Security;

     (c) Attends the school on the first day of the school year and enrolls in a foreign exchange program at the school that is conducted for at least 1 year;

     (d) Is eligible for not more than 1 year at any school or combination of schools in this State or any other state beginning on his or her initial date of enrollment in a school in the United States;

     (e) Has not completed the 12th grade or its equivalent in the United States or any other country; and

     (f) Complies with any other requirements for eligibility of the Association during the period in which he or she is a pupil enrolled in a school.

     3.  If a foreign exchange student transfers to another school during the school year because of a change in residence by the student and the host family with whom he or she was placed at the time of enrollment in the original school, the transfer does not affect the student’s eligibility to participate in a sanctioned sport. If the transfer occurs because the student is placed with another host family, the student is ineligible to participate in a sanctioned sport at the school to which he or she transfers for the remainder of the school year.

     4.  If a school or coach of a school places or arranges for the placement of a student in violation of any provision of this section, the student is ineligible to participate in a sanctioned sport and the Association may impose a penalty against the school or coach pursuant to NAC 386.600 to 386.886, inclusive.

     5.  A student from a foreign country who is enrolled in a school because he or she has been issued an F-1 Visa by the United States Citizenship and Immigration Services of the Department of Homeland Security shall be deemed to be a transfer student. If the student is in the 12th grade, the student is ineligible to participate in a sanctioned sport. If the student is in the 9th, 10th or 11th grade, the student:

     (a) Must comply with the provisions for eligibility that are applicable to a transfer student; and

     (b) May only participate in a sanctioned sport at a level other than varsity in accordance with subsection 4 of NAC 386.703.

     6.  For the purposes of this section, a foreign exchange student shall be deemed to be placed with a host family if:

     (a) The school that the student attends was not involved in the selection or assignment of the student; and

     (b) The principal office for the sponsoring organization approves the placement of the student.

     7.  As used in this section, “foreign exchange student” has the meaning ascribed to it in NRS 483.075.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.796  Practice or participation by pupil in any sanctioned sport for more than one school during season prohibited; waiver of prohibition. (NRS 386.430)

     1.  Except as otherwise provided in subsection 2, a pupil shall not practice or participate in any sanctioned sport for more than one school during the season for the sanctioned sport, including, without limitation, any school that is located outside the State of Nevada regardless of whether that school is an affiliate school.

     2.  Except as otherwise provided in subsection 3, the Executive Director may waive the provisions of subsection 1 if a pupil moves with his or her parent or legal guardian from the zone of attendance of a school to the zone of attendance of another school during a season.

     3.  The Executive Director shall not issue a waiver pursuant to subsection 2 if:

     (a) The move is completed after more than one-half of the season is completed; or

     (b) The pupil to whom the waiver applies:

          (1) Is dismissed from or is otherwise no longer a member of the team for the sanctioned sport; or

          (2) Is ineligible for any reason to participate in a sanctioned sport at the school from which he or she transferred.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R098-05, 7-14-2006)

      NAC 386.797  Reestablishment of eligibility of pupil after transfer. (NRS 386.430)  A pupil who is ineligible to participate in a sanctioned sport because of a transfer may reestablish eligibility to participate in a sanctioned sport if he or she complies with the provisions of NAC 386.776 to 386.832, inclusive, and:

     1.  Completes 180 school days of ineligibility at the school to which the pupil transferred; or

     2.  Is determined to be eligible by the Executive Director, an administrator or a panel pursuant to NAC 386.850 to 386.858, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.798  Waiver of requirements upon application of pupil transferring to another school. (NRS 386.430, 386.440)

     1.  A pupil who attends a school and wishes to transfer to another school may apply to the Association for a waiver from the requirements for eligibility at least 90 days before the date established by the Association for the season for which the pupil wishes to participate. The pupil must submit the application on a form approved by the Association. The Association may approve the application if the pupil complies with the regulations of his or her school district relating to the issuance of a variance in the zone of attendance of the pupil. If the Association approves the application, the pupil is eligible to participate in a sanctioned sport at any level other than varsity. A pupil may not apply more than once for a waiver pursuant to this section.

     2.  A pupil whose application for a waiver pursuant to subsection 1 is denied may appeal that decision in accordance with the provisions of NAC 386.850 to 386.858, inclusive.

     3.  If a pupil is granted a waiver pursuant to subsection 1 and, after the waiver is granted, transfers to another school, including a school within his or her zone of attendance, the pupil is ineligible to participate in a sanctioned sport for 180 school days. A pupil whose request for a subsequent transfer is denied may not appeal that decision.

     4.  A waiver that is granted pursuant to subsection 1 becomes effective at the beginning of the next semester.

     5.  If any pupil or a parent or legal guardian of a pupil submits an application for a waiver pursuant to subsection 1 that includes any false information, the pupil becomes ineligible to participate in a sanctioned sport for 2 school years after the Association determines that the application includes false information.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R207-08, 5-5-2011; R040-11, 12-30-2011)

      NAC 386.799  Transfer of pupil from school that ceases to offer or does not offer sanctioned sport. (NRS 386.430, 386.440)

     1.  If a pupil becomes eligible to participate in a sanctioned sport at a school and, after becoming eligible, the school ceases to offer the sanctioned sport, the pupil may transfer to another school without changing his or her place of residence. If a school does not offer a sanctioned sport in which a pupil wishes to participate, the pupil may transfer to another school that offers that sanctioned sport without changing his or her place of residence. A pupil may not transfer to another school pursuant to this section more than once.

     2.  The provisions of NAC 386.850 to 386.858, inclusive, apply to a transfer made pursuant to this section. Each such transfer must be approved by the superintendent of the school district where the school is located or a person designated by the superintendent. If a school specified in subsection 1 is located in a school district that has more than one school, the pupil must transfer to a school that is located closest to the school from which he or she is transferring pursuant to this section.

     3.  If a pupil transfers to another school pursuant to this section and, after transferring to that school, returns to the school from which he or she transferred, the pupil is ineligible to participate in a sanctioned sport for 180 school days after returning to the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.800  Academic eligibility: Requirements for pupils; imposition of stricter requirements by school. (NRS 386.430)  To be eligible to participate in a sanctioned sport, a pupil must comply with the academic requirements set forth in NAC 386.800 to 386.811, inclusive. A school may impose stricter academic requirements for participation in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.801  Academic eligibility: Enrollment in ninth grade. (NRS 386.430)  A pupil who enrolls in his or her first semester in the ninth grade in a school is academically eligible to participate in any sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.802  Academic eligibility: Courses and units of credit. (NRS 386.430)

     1.  For each semester a pupil participates in a sanctioned sport, the pupil must enroll in a course of at least two units of credit consisting of at least four classes and regularly attend a school. The pupil must successfully complete a course of at least two units of credit for the immediately preceding semester. If a pupil fails to complete successfully the course for that semester, the pupil is ineligible to participate in a sanctioned sport for one semester unless, for the grading period for the first 9 weeks of the semester that is conducted immediately after that semester, he or she receives a passing grade for the two units of credit for the grading period, at which time he or she becomes eligible to participate in a sanctioned sport for the remainder of that semester.

     2.  A pupil may enroll in a course for one unit of credit for each semester he or she enrolls in a correspondence course or attends any summer school, night school or any other school, including, without limitation, a postsecondary educational institution, and receive credit for the satisfactory completion of that course toward the satisfaction of the requirements for academic eligibility if the principal of the school in which the pupil is enrolled indicates in writing that the course qualifies for credit for the pupil’s requirements for graduation.

     3.  Any course taken or unit of credit received by a pupil pursuant to subsection 2 becomes a part of the pupil’s academic record and, after the grade for the course or unit of credit is recorded on his or her transcript, applies to the requirements for academic eligibility to participate in a sanctioned sport.

     4.  A school shall ensure that each course or unit of credit in which a pupil who participates in a sanctioned sport is enrolled is reviewed in accordance with the provisions of NAC 386.804, 386.805 or 386.806, as adopted by the school pursuant to the provisions of NAC 386.803, to determine academic eligibility to participate in the sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R147-10, 5-5-2011; R128-13, 6-23-2014)

      NAC 386.803  Academic eligibility: Adoption of certain alternative requirements by school district; continual review of academic progress. (NRS 386.430)  Each school district in which a school is located must, before the beginning of each school year, adopt the provisions of NAC 386.804, 386.805 or 386.806 for use by the school district in determining the academic eligibility of each pupil who participates in a sanctioned sport at the school. The school shall, for the period during which each of those pupils participates in a sanctioned sport, continually review the academic progress of those pupils in accordance with the provisions of NAC 386.804, 386.805 or 386.806 as adopted by the school district pursuant to this section.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R147-10, 5-5-2011)

      NAC 386.804  Academic eligibility: Passing grades during season; periodic reviews of pupil’s progress. (NRS 386.430)

     1.  If, pursuant to the provisions of NAC 386.803, a school district adopts the requirements for academic eligibility set forth in this section, each pupil who participates in a sanctioned sport at a school that is located in the school district must maintain a passing grade for each course he or she takes during the season. The school shall, in accordance with this section, review the pupil’s progress in each course at least once every 3 weeks, including any vocational, magnet, college or night courses taken by the pupil at a school other than the school where the pupil participates in a sanctioned sport.

     2.  Except as otherwise provided in subsections 3 and 4, each school district shall establish the dates for conducting the reviews required pursuant to this section based on its academic calendar for each school year. The dates must be determined:

     (a) By beginning at the end of the first semester of the school year and counting back to the beginning of the school year in increments of 3 weeks; and

     (b) From the beginning of the second semester of the school year and counting forward to the end of the school year in increments of 3 weeks.

     3.  If approved by the Executive Director, a school district may establish a date for conducting a review pursuant to this section that occurs not more than 1 week before or after any date that the school district must establish pursuant to subsection 2. The Executive Director may waive the establishment of a date for conducting a review pursuant to this section if, as determined by the Executive Director, the review scheduled for that date is unnecessary.

     4.  A school shall not conduct the first review during a school year until after the first date on which a game, contest or meet may be scheduled for a season as determined by the schedule of activities established by the Association for that purpose.

     5.  Each review must indicate the pupil’s academic status for the period beginning on the first day of the semester and ending on the date on which the review is conducted and must be determined in accordance with the regulations of the school district in which the school is located. Each review may include the pupil’s cumulative semester grades or 9-week grades, or any combination thereof. Each school district shall declare the eligibility or ineligibility of a pupil to participate in a sanctioned sport based on the policy of the school district.

     6.  If a pupil receives a failing grade in an academic course after a review is conducted for the pupil pursuant to this section, the school that conducted the review shall place the pupil on probation for 1 week. A pupil who is placed on probation remains eligible to participate in the sanctioned sport in which he or she participates during the probationary week and must be reviewed on the Friday of the probationary week.

     7.  If a pupil who is placed on probation pursuant to subsection 6 continues to maintain a failing grade at the review conducted on the Friday of the probationary week, the school that conducted the review shall declare the pupil to be ineligible to participate in a sanctioned sport for the period beginning on the Monday after he or she is declared ineligible and ending on the first Saturday after that Monday.

     8.  If a pupil is declared ineligible after the probationary week, the school shall conduct a review of the pupil each week until the pupil becomes eligible, regardless of whether that period extends beyond the next scheduled review. If the pupil becomes eligible, the pupil must be reviewed at the next regularly scheduled review and is entitled to another probationary week.

     9.  If a review is scheduled pursuant to this section for the day before a holiday or vacation for the school, and if a pupil has received a failing grade at the time the review is conducted:

     (a) The pupil remains eligible to participate in a sanctioned sport during the holiday or vacation; and

     (b) The school that conducted the review shall place the pupil on probation beginning on the first school day after the holiday or vacation.

     10.  A pupil who is placed on probation the week before a school holiday or vacation is eligible to participate in a sanctioned sport if the school determines that the pupil has maintained passing grades at the regularly scheduled review conducted immediately before the holiday or vacation. If the school determines that the pupil has not maintained passing grades after that review is conducted, the pupil remains ineligible during the holiday or vacation.

     11.  A pupil who is declared ineligible not more than 2 weeks before a school holiday or vacation remains ineligible to participate in the sanctioned sport until achieving a passing grade as determined by each weekly review conducted pursuant to this section.

     12.  If a pupil withdraws or is excluded from a class because he or she received a failing grade during a semester, the school shall, immediately after the record of the withdrawal or exclusion becomes available, declare the pupil ineligible to participate in the sanctioned sport for the period beginning on the Monday after he or she withdraws or is excluded and ending on the first Saturday after that Monday. The provisions of this subsection do not exempt a pupil from complying with the requirement set forth in subsection 1 of NAC 386.802.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R104-06, 6-1-2006)

      NAC 386.805  Academic eligibility: Minimum grade point average. (NRS 386.430)

     1.  If, pursuant to the provisions of NAC 386.803, a school district adopts the requirements for academic eligibility set forth in this section, each pupil who participates in a sanctioned sport at a school that is located in the school district must maintain a grade point average of at least 2.0 based on a 4.0 grading system during the immediately preceding semester. A pupil who fails to maintain such a grade point average for that semester is ineligible to participate in a sanctioned sport until his or her grades are reviewed after the first 9 weeks of the semester that is conducted immediately after that semester.

     2.  For the purposes of this section, the academic eligibility of a pupil must be determined on the day immediately after the school distributes the grades for the semester.

     3.  If the grade point average of a pupil is less than 2.0 at the end of a semester and after the school conducts a 9-week review pursuant to subsection 1, the pupil is ineligible to participate in a sanctioned sport for the remainder of the semester.

     4.  A pupil who receives an incomplete grade at the end of a semester must make up the grade within 3 weeks beginning on the date on which the grades are recorded for the grading period, as determined by the teacher who issued the incomplete grade, if the pupil has passed at least two units of credit and maintains a grade point average of not less than 2.0. Within 3 weeks after the grades are recorded for a grading period, a permanent grade for the pupil must be issued and used to determine the pupil’s grade point average. An incomplete grade must not be calculated in the grade point average of the pupil to determine academic eligibility pursuant to this section until the permanent grade is recorded for the class for which he or she received an incomplete grade.

     5.  If a pupil repeats a class during summer school, the grade for that class must be:

     (a) Computed in accordance with the regulations of the school district in which the class is taken; and

     (b) Used by the school in which the pupil is enrolled in a manner that benefits the pupil in establishing or maintaining academic eligibility to participate in a sanctioned sport at the school for the immediately preceding or current semester.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R128-13, 6-23-2014)

      NAC 386.806  Academic eligibility: Passing grades during season and minimum grade point average. (NRS 386.430)  If, pursuant to the provisions of NAC 386.803, a school district adopts the requirements for academic eligibility set forth in this section, each pupil who participates in a sanctioned sport at a school that is located in the school district must:

     1.  Receive a passing grade in each class in which he or she enrolls during the season for the sanctioned sport; and

     2.  Maintain a grade point average of not less than 2.0 for the immediately preceding semester,

Ê in accordance with the provisions of NAC 386.804 and 386.805.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.808  Academic eligibility: Change in recorded grade for pupil; completion of extra work to improve pupil’s grade. (NRS 386.430)

     1.  Except as otherwise provided in this subsection, if a school records a grade for a pupil for a semester or any 9-week period, the school or pupil shall not, after the grade is recorded, change the grade in a manner which establishes the academic eligibility of the pupil to participate in a sanctioned sport at the school. The school may change a grade specified in this subsection if the school submits evidence satisfactory to the Executive Director that the grade was issued incorrectly.

     2.  A school shall not allow a pupil who participates in a sanctioned sport at the school to complete any extra work to improve the pupil’s grade in a course of instruction unless the school allows all pupils in that course of instruction to complete extra work for that course of instruction. If a school allows a pupil to complete extra work pursuant to this subsection, the school shall ensure that the extra work is graded and included in the grade for the course of instruction for the semester or any 9-week period for the semester.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.809  Academic eligibility: Pupil who qualifies for special education services. (NRS 386.430, 386.440)

     1.  A pupil who qualifies for special education services pursuant to the Individuals With Disabilities Education Act, 20 U.S.C. §§ 1400, et seq., or NRS 388.440 to 388.520, inclusive, and chapter 388 of NAC must comply with the requirements for academic eligibility that are applicable to a pupil who is not qualified for those services.

     2.  Any exception to the academic requirements of the Association for eligibility for participation in a sanctioned sport set forth in the individual education plan of a pupil who qualifies for special education services pursuant to subsection 1 may be considered by the Association pursuant to the provisions for appealing a pupil hardship set forth in NAC 386.850 to 386.858, inclusive, if the exception is based on the disability of the pupil.

     3.  Any exception specified in subsection 2 that is included in the individual education plan of the pupil after he or she is declared academically ineligible to participate in a sanctioned sport may not be appealed pursuant to the provisions of NAC 386.850 to 386.858, inclusive, until the beginning of the next period for conducting reviews.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.810  Academic eligibility: Homeschooled children. (NRS 386.430)

     1.  If a homeschooled child enrolls in a school and wishes to become eligible to participate in a sanctioned sport at that school, a parent or legal guardian of the homeschooled child must submit written evidence satisfactory to the school indicating that the homeschooled child received the instruction required by NAC 392.035 and maintained a grade point average of not less than 2.0 for the period in which he or she was a homeschooled child.

     2.  The written evidence required pursuant to subsection 1 may consist of a statement signed by a parent or legal guardian of the homeschooled child attesting to the written evidence.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.811  Academic eligibility: Incorrect determination of grade of pupil; date of eligibility of ineligible pupil who is allowed to practice with team. (NRS 386.430)

     1.  If a teacher of a school incorrectly determines the grade of a pupil and, because of that determination, the pupil becomes ineligible to participate in a sanctioned sport as determined by the principal of the school or a designee thereof, the school shall declare the pupil eligible to participate in the sanctioned sport immediately after the discovery of the incorrect determination.

     2.  A pupil who becomes academically ineligible to participate in a sanctioned sport at a school during a semester and practices with a team at that school after receiving approval from the principal of the school to do so becomes academically eligible to participate in a sanctioned sport beginning on the day the grades of the pupil are submitted to the computer system of the school if, on that day, the pupil is otherwise academically eligible to participate in the sanctioned sport in accordance with the provisions of NAC 386.600 to 386.886, inclusive.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.812  Assistance with interpretation of regulations relating to academic eligibility. (NRS 386.430)  The office of the Association will assist any school with interpretation of the regulations of the Association relating to academic eligibility.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.813  Minimum amount of practice: Pupil. (NRS 386.430)

     1.  Except as otherwise provided in this section and NAC 386.815, a pupil is not eligible to participate in a sanctioned sport at a school unless he or she completes at least 10 days of practice in the sanctioned sport under the direct supervision of a member of the school’s coaching staff for that sanctioned sport.

     2.  Each calendar day, other than a Sunday, shall be deemed 1 day of practice, regardless of whether more than one practice is held during that day.

     3.  Except as otherwise provided in subsection 4, if a pupil participates individually in a state tournament for a sanctioned sport or as a member of a team that qualifies for a state tournament for a sanctioned sport, and if the season for that sanctioned sport extends beyond the beginning of the season for another sanctioned sport in which the pupil participates, the pupil must complete at least 5 days of practice for the other sanctioned sport before he or she is eligible to participate in that sanctioned sport. A pupil may not participate in a day of practice for a sanctioned sport and compete in a sanctioned sport during that day.

     4.  A pupil specified in subsection 3 who participates in baseball is not eligible to pitch during any baseball game unless he or she completes at least 10 days of practice in baseball.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R028-07, 10-31-2007)

      NAC 386.814  Minimum amount of practice: Team. (NRS 386.430)  Except as otherwise provided in NAC 386.815, each team of a school that participates in a sanctioned sport must, before participating in the sanctioned sport, complete at least 10 days of practice in the sanctioned sport under the direct supervision of a member of the school’s coaching staff for that sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R028-07, 10-31-2007)

      NAC 386.815  Minimum amount of practice: Exceptions to requirements. (NRS 386.430)  The provisions of NAC 386.813 and 386.814 do not apply to a pupil or team that participates in golf or bowling.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.816  Prohibition of activities on Sunday; exceptions. (NRS 386.430)

     1.  Except as otherwise provided in this section:

     (a) A school shall not schedule or conduct on a Sunday any game, contest or meet or a practice for any game, contest or meet that is sponsored or sanctioned by the Association.

     (b) A pupil or team of a school that participates in a sanctioned sport or a coach of the pupil or team shall not, on a Sunday, engage in any activity relating to the sanctioned sport with any other pupil, team or coach of a school, including, without limitation, conducting an informal practice, general workout, meeting or film session with such a pupil, team or coach.

Ê The provisions of this subsection do not apply to skiing.

     2.  A school may authorize a pupil or team to participate in a game, contest or meet outside this State that is held on a Sunday if the school obtains approval from the Executive Director for the game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.817  Limitations on participation of pupil during season and school year; transfer of pupil to another sanctioned sport. (NRS 386.430)

     1.  A pupil may not participate in:

     (a) More than one sanctioned sport during a season; or

     (b) The same sanctioned sport more than once during a school year.

     2.  A pupil enrolled in a school who participates in a sanctioned sport at the school may transfer to another sanctioned sport that is offered by the school during the same season if:

     (a) The transfer occurs before the first scheduled game, contest or meet for each sport; or

     (b) The Executive Director, principal of the school and the coach for each sanctioned sport approve the transfer.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.818  Participation by girl on team for boys and by boy on team for girls. (NRS 386.430)

     1.  If a school has a team for boys for a sanctioned sport but does not have a team for girls for that sanctioned sport, the school shall allow each girl who is a pupil enrolled in the school, and who is otherwise eligible to participate in the sanctioned sport, to qualify for and participate on the team for boys for the sanctioned sport.

     2.  If a school has a team for girls for a sanctioned sport but does not have a team for boys for that sanctioned sport, the school shall allow each boy who is a pupil enrolled in the school, and who is otherwise eligible to participate in the sanctioned sport, to qualify for and participate on the team for girls if the opportunities for girls to participate in all sanctioned sports at the school are greater than the opportunities offered to boys to participate in those sanctioned sports.

     3.  A request by a boy to qualify for or participate on a team for girls pursuant to subsection 2 must be submitted in writing to the principal of the school and set forth the reasons for the request. If the principal approves the written request, the principal shall submit the request to the Executive Director for approval at least 15 days before the beginning of the season for the sanctioned sport in which the boy wishes to participate.

     4.  If a school has a team for boys and a team for girls for a sanctioned sport, each pupil enrolled in the school may participate only on the team:

     (a) For boys, if the pupil is a boy; or

     (b) For girls, if the pupil is a girl.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.819  Physical examinations: Requirements for pupils; maintenance and review of records; exemption from requirements. (NRS 386.430)

     1.  Each pupil who wishes to participate in any sanctioned sport for the first time:

     (a) Must submit to a physical examination that is conducted by:

          (1) A physician who is licensed pursuant to chapter 630 of NRS;

          (2) A homeopathic physician who is licensed pursuant to chapter 630A of NRS;

          (3) An osteopathic physician licensed pursuant to chapter 633 of NRS;

          (4) A chiropractor who is licensed pursuant to chapter 634 of NRS;

          (5) An advanced practice registered nurse licensed pursuant to chapter 632 of NRS; or

          (6) A physician assistant licensed pursuant to chapter 630 or 633 of NRS or certified pursuant to chapter 630A of NRS; and

     (b) After completing the physical examination, must be approved for participation in a sanctioned sport by a physician, homeopathic physician, osteopathic physician, chiropractor, advanced practice registered nurse or physician assistant specified in paragraph (a) on a form approved by the Association.

     2.  Except as otherwise provided in this subsection, each pupil who wishes to participate in a sanctioned sport and has complied with the provisions of subsection 1 shall, for each year he or she participates in a sanctioned sport, complete the form which is approved by the Association for that purpose. If the pupil submits an affirmative response to any question on the form, the pupil must submit to a complete physical examination in accordance with subsection 1 before he or she is eligible to participate in a sanctioned sport. If, on or after the beginning of the 2005-2006 school year, the pupil enrolls in a school as a freshman, the pupil must submit to such an examination for the first and third years in which he or she participates in the sanctioned sport.

     3.  Each school shall:

     (a) Maintain a record of each form submitted to the school pursuant to this section; and

     (b) Ensure that the athletic director, athletic trainer or school nurse reviews each form specified in paragraph (a) before each season in which the pupil participates in a sanctioned sport.

     4.  If the religious beliefs of a pupil prohibit him or her from submitting to a physical examination to participate in a sanctioned sport, the pupil and a parent or legal guardian with whom he or she resides shall execute a release which indemnifies and holds harmless the school, school district and Association from all liability which may arise because of the pupil’s participation in the sanctioned sport.

     5.  A pupil may obtain the form for the release specified in subsection 4 from the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R098-05, 7-14-2006; R147-10, 5-5-2011)

      NAC 386.820  Pupil injured in sanctioned sport and treated by provider of health care. (NRS 386.430)

     1.  If a pupil is injured in a sanctioned sport and is treated for that injury by a provider of health care, the school shall not allow the pupil to resume participation in the sanctioned sport unless the provider of health care submits a written statement signed by him or her and addressed to the principal of the school indicating that the pupil may resume participation in the sanctioned sport.

     2.  If a school receives a written statement pursuant to subsection 1, the school shall include the written statement in the records of the pupil maintained by the school.

     3.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.821  Pupil soliciting or seeking enrollment in return for receiving favorable conditions or treatment. (NRS 386.430)

     1.  A pupil may not solicit or seek enrollment in a school for the purpose of participating in a sanctioned sport in return for receiving favorable conditions or treatment at the school.

     2.  A pupil who violates the provisions of subsection 1 is ineligible to participate in a sanctioned sport for 180 school days.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.822  Recruiting of pupil to participate in sanctioned sport prohibited; penalties. (NRS 386.430)

     1.  A person shall not recruit or attempt to recruit a pupil to participate in a sanctioned sport.

     2.  A pupil who is recruited in violation of a provision of this section is ineligible to participate in a sanctioned sport for not less than one semester and not more than 180 school days as determined by the Executive Director.

     3.  A school that violates the provisions of subsection 1 may be fined and placed on probation for 1 year in accordance with the provisions of NAC 386.861.

     4.  A coach who violates the provisions of subsection 1 may be suspended for 2 years in accordance with the provisions of NAC 386.861.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.823  Restrictions on solicitation or encouragement of prospective pupil to enroll in school; prohibited representation of athletic program; duty of coach upon receiving certain notification regarding prospective pupil. (NRS 386.430)

     1.  A person who is associated with a school shall not:

     (a) Use or attempt to use undue influence on a prospective pupil to solicit or encourage the pupil to enroll in the school; or

     (b) Request any other person to solicit or encourage a prospective pupil to enroll in the school.

     2.  A school, or any person acting on behalf of a school, shall not give any speech or other presentation or distribute any written material, including an advertisement in a newspaper, magazine or other publication, which states or implies that the athletic program of the school is superior to the athletic program of any other school, or that it is more advantageous for a prospective pupil to participate in athletics at that school.

     3.  The provisions of this section do not prohibit a school from conducting a program to attract pupils to enroll in the school based upon the educational and extracurricular programs of the school.

     4.  If a pupil enrolled in a junior high, middle school or high school, or a parent or legal guardian of that pupil, notifies a coach of another school concerning the possibility of attending the coach’s school, the coach shall immediately refer the pupil, parent or legal guardian to the principal of the school or any other person at that school who is responsible for enrolling prospective pupils.

     5.  As used in this section, “undue influence” includes, without limitation:

     (a) Initiating or arranging communication, including calls by telephone, questionnaires, cards or letters, with a prospective pupil or member of his or her family with the intent to solicit or encourage the pupil to enroll in a school;

     (b) Visiting or entertaining a prospective pupil or a member of his or her family with the intent to solicit or encourage the pupil to enroll in a school;

     (c) Providing transportation for a prospective pupil or a member of his or her family to visit a school or to meet with a person who is associated with a school with the intent to solicit or encourage the pupil to enroll in the school;

     (d) Attending a game, contest or meet of a grade school, junior high or middle school to evaluate and recruit a prospective pupil who is not assigned by a school district to a zone of attendance;

     (e) Requesting a pupil or an alumnus of a school or a member of a club or other organization that supports a team at the school to notify a prospective pupil or a member of his or her family in person or by telephone, letter or any other form of communication to discuss the merits of the athletic program of the school; and

     (f) Any other communication with a prospective pupil of a school or a member of his or her family with the intent to solicit or encourage the pupil to enroll in the school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.824  Restriction on offer or provision of compensation or other inducement to pupil. (NRS 386.430)  A school shall not provide or offer to provide to a pupil any compensation or other inducement if the compensation or inducement is not made available to each pupil who enrolls in or applies for enrollment in the school. The compensation or inducement includes, without limitation, providing or offering to provide:

     1.  Money or any other valuable consideration, including, without limitation, free or reduced tuition during the regular school year or summer school by a person who is associated with the school;

     2.  Room, board, textbooks, clothing or money for textbooks or clothing;

     3.  Payment for work that is not performed by the pupil or that exceeds the amount regularly paid for such work;

     4.  Free transportation by a person who is associated with the school;

     5.  A residence with a person who is associated with the school;

     6.  Any privilege that is not provided to all pupils of the school;

     7.  Free or reduced rent for a parent or legal guardian of a pupil;

     8.  Payment for the moving expenses of a parent or legal guardian of a pupil, offering or providing assistance in moving the parent or legal guardian of the pupil or authorizing or requesting a person to move the parent or legal guardian of the pupil;

     9.  Employment to a parent or legal guardian of a pupil to encourage the family of the pupil to move to a community, if the employment is offered or provided by a person who is associated with the school; and

     10.  Assistance in obtaining an athletic scholarship to a college.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.825  Attempts to circumvent requirements for eligibility of pupil. (NRS 386.430)

     1.  A pupil who circumvents or attempts to circumvent the requirements for eligibility of a school or school district or the Association, or any other state athletic association, is ineligible to participate in any sanctioned sport for not more than 360 school days as determined by the Executive Director or a designee thereof.

     2.  If reasonable cause exists to believe that a pupil has transferred from a school or a school district in which a school is located to another school or school district in which a school is located, or has transferred to a school from outside this State with the intent to circumvent the requirements for eligibility of the Association or any school or school district, or an out-of-state school, school district or state athletic association, the pupil must prove, in accordance with the provisions of NAC 386.850 to 386.858, inclusive, that the transfer was based on a reason that is unrelated to the circumvention of those requirements for eligibility.

     3.  If a pupil specified in subsection 2 fails to carry the burden of proof required by the provisions of NAC 386.850 to 386.858, inclusive, the Executive Director or the designee shall declare the pupil ineligible to participate in a sanctioned sport for the remainder of the school year in which the declaration is made and for an additional 180 school days after the expiration of the school year.

     4.  If the Executive Director or the designee determines that a pupil or his or her parent or legal guardian has falsified any records or information relating to a transfer, the Executive Director or the designee shall declare the pupil ineligible to participate in all sanctioned sports for 2 years after the date of the last game, contest or meet in which the pupil participated.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R028-07, 10-31-2007)

      NAC 386.826  Ineligible pupil: Scope of ineligibility. (NRS 386.430)  Any pupil who is ineligible to participate in a sanctioned sport pursuant to the provisions of NAC 386.600 to 386.886, inclusive, or the policies, rules or regulations of a school, a school district in which a school is located, or any state athletic association:

     1.  Does not become eligible to participate in the sanctioned sport at a school by transferring to that school; and

     2.  Remains ineligible to participate in the sanctioned sport for the period he or she is ineligible.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.827  Ineligible pupil: Participation in practice; participation in sanctioned sport. (NRS 386.430)  If a pupil is ineligible to participate in a sanctioned sport during the season for that sanctioned sport, the pupil:

     1.  May participate in any practice conducted by the school for that sanctioned sport if the coach and principal of the school approve the pupil’s participation in the practice; and

     2.  May not participate in any sanctioned sport, including, without limitation, a scrimmage or exhibition for a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.828  Ineligible pupil: Prohibition on participation in game, contest or meet. (NRS 386.430)  A pupil who is ineligible to participate in a sanctioned sport pursuant to NAC 386.600 to 386.886, inclusive, may not participate in any game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.829  Penalties for participation of ineligible pupil; appeal of forfeiture or loss of position. (NRS 386.430, 386.440)

     1.  If an ineligible pupil participates in any game, contest or meet, the Association will impose the following penalties against the pupil’s school:

     (a) If the ineligible pupil participated in a sanctioned sport for a team, including, without limitation, baseball, basketball, football, soccer, softball and volleyball:

          (1) The school forfeits each game, contest or meet in which the ineligible pupil participated;

          (2) The team’s place in any conference or tournament standings will be adjusted to reflect any game, contest or meet the team forfeits pursuant to subparagraph (1); and

          (3) The team shall return to the Association each award given to the team or any member of the team during the period in which the ineligible pupil participated on the team.

     (b) If the ineligible pupil participated in an individual sport, including, without limitation, cross-country, golf, swimming, diving, skiing, tennis, wrestling, and track and field:

          (1) Each individual match, place, point and score of the ineligible pupil, including, without limitation, any contribution made by the ineligible pupil to the team, will be eliminated;

          (2) Any conference or tournament standing or place of the team will be adjusted based on the reduction of points or score for the participation of the ineligible pupil;

          (3) The ineligible pupil shall return to the Association each award given to the ineligible pupil during the period of ineligibility; and

          (4) The team shall return to the Association each award given to the team if the elimination of any point or score pursuant to this subsection results in an adjustment to the team’s place or standing in any game, contest or meet of the conference or tournament.

     (c) In addition to the penalties set forth in paragraph (b), if a pupil participates in a game, contest or meet, and is ineligible to participate in the game, contest or meet because the pupil or a parent or legal guardian of the pupil falsified a record or any other information provided to the school, the Association will declare the pupil ineligible to participate in any sanctioned sport for 360 school days after the last game, contest or meet in which the ineligible pupil participated. As used in this paragraph, “school days” does not include a school day that occurs during the summer of a school year.

     (d) If the use of an ineligible pupil is discovered during any tournament, the team or pupil who was last defeated by the ineligible team or pupil must be substituted for the ineligible team or pupil for the remainder of the tournament.

     2.  Except as otherwise provided in subsection 3, a school that forfeits a game, contest or meet or loses its position in a tournament pursuant to this section may appeal the forfeiture or loss of position to the Association in accordance with the provisions of NAC 386.850 to 386.858, inclusive. For any such appeal:

     (a) The school that files the appeal must establish by a preponderance of the evidence that the school would have won the game, contest or meet without the participation of the ineligible pupil; and

     (b) The opposing school may appear at the hearing and present testimony.

     3.  An ineligible pupil who participates in more than one-half of a game, contest or meet for which he or she is ineligible to participate may not appeal a forfeiture specified in subsection 2.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.830  Imposition of penalties after participation of disqualified or ineligible team or pupil pursuant to court order; postponement or cancellation of event. (NRS 386.430)

     1.  The Association will impose the penalties set forth in NAC 386.829 against a team or pupil of a school that is disqualified or ineligible to participate in a sanctioned sport pursuant to NAC 386.600 to 386.886, inclusive, if:

     (a) After the team or pupil is disqualified or becomes ineligible, the team or pupil is allowed to participate in the sanctioned sport in accordance with a restraining order, injunction or other order issued by a court of competent jurisdiction against a school, school district or the Association; and

     (b) After the restraining order, injunction or other order is issued, the restraining order, injunction or other order is vacated, stayed, reversed or determined by a court not to justify the initial relief granted.

     2.  Except as otherwise provided in subsection 3, if an order specified in subsection 1 authorizes a disqualified or ineligible team or pupil to participate in an event that is sponsored by the Association, the Association will postpone that event until the judgment pursuant to which the order is issued and any appeal from that judgment become final.

     3.  If the Executive Director determines that a judgment or appeal from a judgment will not become final within a period sufficient to allow the event to be conducted, the Association will, as determined by the Executive Director, cancel the event or postpone the event indefinitely.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007)

      NAC 386.831  Coaches: Accompaniment of team or pupil representing school; effect of ejection from game, contest or meet. (NRS 386.430)

     1.  If a team or pupil represents a school in connection with any sanctioned sport, a coach or a designee thereof shall accompany the team or pupil during the period in which that representation occurs.

     2.  If a coach of a school is ejected from a game, contest or meet and another coach or the designee is not available to supervise the team or pupil during the remainder of the game, contest or meet, the team or pupil forfeits and, if appropriate as determined by the Executive Director, is disqualified from participating in the game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.832  Coaches: Required certification and courses. (NRS 386.430)  A person is not eligible to coach for a school unless he or she is certified in cardiopulmonary resuscitation and completes the following courses, or the equivalent of those courses, offered by the National Federation of State High School Associations or the American Sport Education Program:

     1.  Fundamentals of Coaching, offered by the National Federation of State High School Associations, or Coaching Principles, offered by the American Sport Education Program;

     2.  First Aid, Health and Safety for Coaches, offered by the National Federation of State High School Associations, or Sport First Aid, offered by the American Sport Education Program; and

     3.  Concussion in Sports, offered by the National Federation of State High School Associations.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R128-13, 6-23-2014)

Sportsmanship and Ethics

      NAC 386.835  Standards of conduct: General requirements; penalties for violation. (NRS 386.430)

     1.  A pupil who represents a school in any sanctioned sport must be of good moral character as determined by the principal of the school. The pupil shall comply with any standards concerning discipline adopted by the school he or she attends or school district in which he or she resides and shall not engage in conduct that discredits the pupil or school. As used in this subsection, “conduct that discredits the pupil or school” includes, without limitation:

     (a) A violation of any training or disciplinary rules of the school or school district or a team at the school;

     (b) The use or possession of:

          (1) Any tobacco or alcoholic beverages; or

          (2) Any controlled substance, unless in accordance with a lawfully issued prescription for the controlled substance; and

     (c) The commission of any act that violates a law or regulation of this State or the Federal Government.

     2.  A coach, administrator, faculty member or any other representative of a school shall practice and demonstrate the highest principles of sportsmanship and ethics in all sanctioned sports.

     3.  A sports official who is assigned to a game, contest or meet shall carry out his or her duties in an impartial manner.

     4.  Any sports official or any pupil, coach, administrator, faculty member or other representative of a school who violates any provision of this section is subject to the penalties set forth in NAC 386.861.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.836  Standards of conduct: Applicability of certain provisions. (NRS 386.430)  The provisions of NAC 386.836 to 386.842, inclusive, apply to each pupil, coach, administrator, faculty member and sports official who participates in or is assigned to any sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.837  Standards of conduct: Pupils. (NRS 386.430)  A pupil whose name appears on a roster of the Association for any sanctioned sport shall:

     1.  Treat opponents with respect, including, without limitation, shaking hands with an opponent before and after a game, contest or meet;

     2.  Respect the judgment of each sports official who is assigned to a game, contest or meet and comply with the rules of the game, contest or meet;

     3.  Cooperate with each sports official, coach or other participant in conducting a game, contest or meet; and

     4.  Comply with the standards of sportsmanship established by his or her coach and school.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.838  Standards of conduct: Coaches. (NRS 386.430)  Each coach of a school shall:

     1.  Comply with the regulations of the Association and the National Federation of State High School Associations or its successor organization for each sanctioned sport in which he or she participates as a coach;

     2.  Cooperate with other persons in the athletic department of the school;

     3.  Behave in a manner that reflects favorably on the school, members of the faculty and the athletic program of the school;

     4.  Exercise patience, tolerance and understanding in relations with participants, coaches, sports officials or spectators in a sanctioned sport;

     5.  Comply with the ideals of sportsmanship, including, without limitation, the exercise of cooperation, courage, unselfishness, self-control, healthy living and respect for discipline and authority relating to participation in a sanctioned sport; and

     6.  Support any reasonable action that:

     (a) Improves the athletic program of the school;

     (b) Provides adequate equipment for participants in a sanctioned sport; and

     (c) Promotes the welfare of each participant in a sanctioned sport.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.839  Standards of conduct: Sports officials. (NRS 386.430)  Each sports official for a sanctioned sport shall:

     1.  Maintain confidence and control in carrying out his or her assignment;

     2.  Study and understand the rules of the game, contest or meet for which he or she is a sports official and the actions required to carry out those rules;

     3.  Cooperate with the Association and any other sports official who is assigned to a game, contest or meet;

     4.  Not use his or her position as a sports official to benefit himself or herself or any school, team or pupil;

     5.  Not promote the interests of any person or group other than the pupils participating in the game, contest or meet to which he or she is assigned;

     6.  Carry out his or her duties as a sports official, including wearing the appropriate clothing or uniform and maintaining a proper appearance for the game, contest or meet;

     7.  Officiate each game, contest or meet to which he or she is assigned, regardless of any inconvenience or financial loss incurred by him or her; and

     8.  Not use any tobacco or alcoholic beverages or any controlled substance, unless in accordance with a lawfully issued prescription for the controlled substance, on or near the playing area for a game, contest or meet on the day of the game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.840  Standards of conduct: School administrators. (NRS 386.430)  Each administrator of a school shall:

     1.  Establish a program to teach and promote good sportsmanship to pupils who participate in sanctioned sports at the school;

     2.  Provide appropriate supervisory personnel for each sanctioned sport that is hosted by the school;

     3.  Recognize good sportsmanship and discourage undesirable conduct by participants, coaches and spectators at a game, contest or meet;

     4.  Attend each game, contest or meet in which the school participates, if practicable; and

     5.  Comply with the provisions of NAC 386.847.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.841  Standards of conduct: Period of compliance; penalties for violation. (NRS 386.430)

     1.  Each pupil, coach, administrator, faculty member and sports official shall comply with the provisions of NAC 386.836 to 386.842, inclusive, during any period in which he or she is assigned to or participates in a sanctioned sport.

     2.  Any violation of the provisions of NAC 386.836 to 386.842, inclusive, may result in the imposition of the penalties set forth in NAC 386.861.

     3.  A specific violation set forth in NAC 386.842 to 386.845, inclusive, includes the penalties specified in each of those sections.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.842  Reports of violations and of violence against sports official; review of reports and imposition of penalties. (NRS 386.430)

     1.  If a team, pupil, coach, administrator or faculty member of a school violates any provision of NAC 386.836 to 386.842, inclusive, the principal of the school or a designee thereof shall, within 24 hours after becoming aware of the violation, prepare and submit to the Executive Director a written report concerning the violation. The report must include:

     (a) The name of each person who is alleged to have committed the violation and any other person involved in the violation; and

     (b) A statement indicating the disciplinary action, if any, the school will impose against the team, pupil, coach, administrator or faculty member for the violation.

     2.  As soon as practicable after receiving a written report pursuant to subsection 1, the Executive Director:

     (a) Shall review the written report; and

     (b) May impose any additional penalty against the team, pupil, coach, administrator or faculty member in accordance with the provisions of NAC 386.861.

     3.  If a team, pupil, coach, administrator, faculty member or spectator who is enrolled at, employed by or affiliated with a school commits an act of violence against a sports official who is assigned to a game, contest or meet, the principal of the school or the designee shall prepare and submit to the Executive Director a written report concerning the act of violence within 24 hours after the act is committed.

     4.  A written report that is prepared pursuant to subsection 3 must include:

     (a) The name of each person who is alleged to have committed the act of violence and any other person involved in the act; and

     (b) The disciplinary action the school may take against the person for the act of violence.

     5.  As soon as practicable after receiving a written report pursuant to subsection 3, the Executive Director:

     (a) Shall review the written report; and

     (b) May impose a penalty in addition to the disciplinary action, if any, taken by the school, including any penalties set forth in NAC 386.861.

     6.  In addition to imposing a penalty pursuant to paragraph (b) of subsection 5, if a pupil uses physical force or an immediate threat of physical force during the commission of an act of violence, the Executive Director may, depending upon the severity of the physical force or the immediate threat of physical force:

     (a) Suspend the pupil from participating in the sanctioned sport for the remainder of the season; or

     (b) Prohibit the pupil from participating in any sanctioned sport for the remainder of the period in which the pupil is eligible to participate in sanctioned sports.

     7.  As used in this section, “act of violence” means any conduct that threatens the safety of a sports official, including, without limitation, any unwelcome and intentional touching, hitting or shoving of the sports official.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.843  Ejection of pupil or coach from game, contest or meet. (NRS 386.430)

     1.  Unsportsmanlike conduct which results in the ejection of a pupil or coach from a game, contest or meet must be treated in the following manner:

     (a) If the ejection occurs before the last game, contest or meet of a season, the pupil or coach must be removed from the game, contest or meet immediately and may not participate in the next scheduled game, contest or meet for that season;

     (b) If the ejection occurs during the last game, contest or meet of a season, the pupil or coach must be removed from the game, contest or meet immediately and may not participate in the first scheduled game, contest or meet for the season for that sanctioned sport that is held immediately after the season in which the ejection occurs; or

     (c) If the ejection occurs during the last game, contest or meet of a season and the person ejected is a pupil who is enrolled in twelfth grade, the pupil must be removed from the game, contest or meet immediately and may not participate in the first scheduled game, contest or meet of any other season in which he or she participates.

     2.  Except as otherwise provided in this subsection, if a coach is ejected from or becomes ineligible to participate in a game, contest or meet pursuant to this section, the coach shall not remain on the premises during that game, contest or meet or any other game, contest or meet for which the coach is ineligible to participate because of the ejection. If the coach is the only adult on the premises who is available to supervise his or her team or pupils who are participating in the game, contest or meet, the coach must be allowed to remain on the premises to supervise the team or pupils after the conclusion of the game, contest or meet.

     3.  If a pupil is ejected from a game, contest or meet, the pupil’s head coach shall ensure that the pupil is supervised for the remainder of the game, contest or meet.

     4.  If a pupil or coach is ejected from two games, contests or meets during a season, the principal of the school of the pupil or coach or a designee thereof shall report that fact to the Executive Director. In addition to any penalty imposed by the Association pursuant to NAC 386.861, the principal or the designee may impose an additional penalty in accordance with that section.

     5.  If a pupil or coach is ejected from three or more games, contests or meets during a season, the pupil or coach may not participate in the sanctioned sport for which the game, contest or meet was held for the remainder of the season.

     6.  Each coach of a school must comply with the provisions of this section and shall enforce those provisions against each of his or her assistant coaches and pupils. In addition to any penalty imposed by the Association pursuant to NAC 386.861, the principal of the school or the designee, or the Executive Director may impose an additional penalty in accordance with that section.

     7.  The decision of a sports official to eject a pupil or coach from a game, contest or meet is a final decision and may not be appealed.

     8.  As used in this section:

     (a) “Eject” means the permanent removal of a pupil or coach from a game, contest or meet by a sports official who is assigned to the game, contest or meet.

     (b) “Premises” means the area in which a game, contest or meet is conducted, including, without limitation, any area designated for spectators at that game, contest or meet.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R128-13, 6-23-2014)

      NAC 386.844  Prevention and control of bench-clearing incidents and physical altercations; penalties. (NRS 386.430)

     1.  A coach of a school shall maintain control of each pupil during any game, contest or meet in which the pupil participates. If a pupil:

     (a) Leaves the bench, sideline or any other area that is outside the playing field or area of play and enters the playing field or area of play in response to a bench-clearing incident; or

     (b) Engages in a physical altercation,

Ê the head coach must be ejected from the game, contest or meet in which the pupil participates, if the bench-clearing incident or physical altercation occurs before or during the game, contest or meet, and must be suspended for the next scheduled game, contest or meet.

     2.  Each head coach of a sanctioned sport shall establish a plan for preventing and controlling a bench-clearing incident or physical altercation that may occur before, during or after a game, contest or meet in which his or her pupils participate. The plan may include the methods the head coach and coaching staff will use to assist a sports official who is assigned to a game, contest or meet in preventing or controlling the bench-clearing incident or physical altercation if:

     (a) The assistance is designed to prevent the pupils who are participating in the game, contest or meet from:

          (1) Entering the designated playing field or area of play in response to a bench-clearing incident; or

          (2) Engaging in a physical altercation; and

     (b) Any intervention by the head coach and coaching staff is intended to separate the pupils of the head coach or coaching staff from the pupils and coaches of the opposing team.

     3.  Any pupil who participates in a game, contest or meet and who:

     (a) Leaves the bench, sideline or other area that is outside the playing field or area of play and enters the playing field or area of play in response to a bench-clearing incident, or leaves a fielding position within the playing field or area of play to which the pupil is assigned in response to a bench-clearing incident; or

     (b) Engages in a physical altercation,

Ê is guilty of unsportsmanlike conduct and must be ejected from the game, contest or meet, if the bench-clearing incident or physical altercation occurs before or during the game, contest or meet.

     4.  If at least three members of a team participating in a game, contest or meet:

     (a) Leave the bench, sideline or other area that is outside the playing field or area of play and enter the playing field or area of play in response to a bench-clearing incident; or

     (b) Engage in a physical altercation,

Ê the team is guilty of committing an unsportsmanlike act and must incur a forfeiture or double forfeiture for the game, contest or meet.

     5.  Any pupil who participates in a game, contest or meet and is involved in a bench-clearing incident or physical altercation:

     (a) Must be ejected from the game, contest or meet, if the bench-clearing incident or physical altercation occurs before or during the game, contest or meet; and

     (b) Is ineligible to participate in the next scheduled game, contest or meet.

     6.  Each pupil, coach or team that participates in a game, contest or meet and engages in a fight at least twice during a season must be suspended and declared ineligible for the remainder of that season. The Executive Director may, in accordance with the provisions of NAC 386.861, impose an additional penalty against the pupil, coach or team if the second fight occurs with less than three games, contests or meets remaining in the season.

     7.  The head coach of a team and the principal of a school or a designee thereof shall ensure that the team and each member of the team behave in a sportsmanlike manner. If an unsportsmanlike act occurs, the principal or the designee, or the Executive Director shall, if the circumstances require, suspend or declare ineligible the pupil, coach or team for an additional period which must not exceed any period specified in this section.

     8.  As used in this section:

     (a) “Bench-clearing incident” means any incident that occurs before, during or after a game, contest or meet in which at least three pupils, coaches or members of a team leave the bench, sideline or other area that is outside the playing field or area of play for the game, contest or meet and enter the playing field or area of play in response to or to cause a physical altercation or incident that occurs before, during or after the game, contest or meet.

     (b) “Physical altercation” means any aggressive behavior that:

          (1) Is engaged in by a pupil before, during or after a game, contest or meet; and

          (2) Involves any unwelcome and intentional touching, hitting or shoving of a person.

Ê The term includes, without limitation, any argument or brawl during which such touching, hitting or shoving occurs.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.845  Defamatory statements to media or through social media prohibited; investigation and imposition of penalty. (NRS 386.430)

     1.  A coach, sports official, administrator or faculty member who is involved in, or a pupil who participates in, a sanctioned sport shall not make a defamatory statement to the media or through the use of any social media relating to any person, sports official or school that is involved in any game, contest or meet.

     2.  The Association will investigate each alleged violation of this section. If the Association determines that a coach, sports official, administrator, faculty member or pupil specified in subsection 1 has violated this section, the Association will suspend the coach, sports official, administrator, faculty member or pupil from any involvement in the sanctioned sport for at least one game, contest or meet.

     3.  As used in this section, “social media” means any electronic service or account or electronic content, including, without limitation, any video, photograph, video blog, podcast, instant message, text message, electronic mail program, online service or Internet website profile.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R128-13, 6-23-2014)

      NAC 386.846  Imposition of penalties: Authority; report. (NRS 386.430)

     1.  The Executive Director or any principal of a school or a designee thereof, or a sports official who is assigned to a game, contest or meet, may impose any penalty set forth in NAC 386.842 to 386.845, inclusive. The penalty may be imposed during a game, contest or meet or after the review of a videotape or written report concerning the conduct for which the penalty is imposed.

     2.  If a principal of a school or the designee, or a sports official who is assigned to a game, contest or meet, imposes any penalty specified in subsection 1, the principal or the designee or the sports official shall immediately report that fact to the Commissioner. As soon as practicable after receiving the report, the Commissioner shall submit the report to the Executive Director.

     3.  In addition to imposing a penalty for any conduct specified in subsection 1, the Executive Director may impose an additional penalty for that conduct in accordance with the provisions of NAC 386.861.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.847  Coaches, school administrators and faculty members: Prohibited conduct; duties; reports of violations. (NRS 386.430)

     1.  Each coach, administrator or faculty member of a school who is involved in or has responsibility for any sanctioned sport shall not:

     (a) Use any tobacco or alcoholic beverages or any controlled substance, unless in accordance with a lawfully issued prescription for the controlled substance, during any period in which he or she is directly supervising a pupil or team during a game, contest or meet or a practice for a game, contest or meet;

     (b) Use foul or abusive language or insulting gestures or engage in abusive physical contact with any pupil, sports official or other person who is associated with a game, contest or meet or a practice for a game, contest or meet;

     (c) Taunt a sports official, pupil, team, coach or spectator during any game, contest or meet; or

     (d) Engage in conduct that may incite a fight, violence or other unsportsmanlike act.

     2.  Each coach, administrator or faculty member of a school shall ensure that each pupil enrolled in the school who participates in a game, contest or meet conducts himself or herself in accordance with the rules of sportsmanship.

     3.  Each coach, administrator or faculty member of a school shall, if a violation of NAC 386.600 to 386.886, inclusive, occurs during a game, contest or meet, prepare a written report concerning the violation. The written report must be submitted to the Executive Director within 24 hours after the coach, administrator or faculty member becomes aware of the violation and must include, without limitation, the name of each person involved in the violation. As soon as practicable after receiving the written report, the Executive Director shall review the report and may impose any appropriate penalty against any person who committed the violation in accordance with the provisions of NAC 386.861.

     4.  Each coach, administrator or faculty member of a school who attends a game, contest or meet shall, if the coach, administrator or faculty member becomes aware of a spectator of the school who engages in unsportsmanlike conduct during the game, contest or meet:

     (a) Require the spectator to refrain from engaging in the unsportsmanlike conduct; and

     (b) Impose any applicable penalty or disciplinary action against the spectator.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Appeal of Determinations; Enforcement

      NAC 386.850  Appeal of certain determinations by aggrieved pupil or school; applicability of certain provisions. (NRS 386.430, 386.440)

     1.  Except as otherwise provided in NAC 386.600 to 386.886, inclusive, any determination made pursuant to a regulation adopted by the Association may be appealed by an aggrieved pupil or school.

     2.  The provisions of NAC 386.850 to 386.858, inclusive, govern the procedure for filing and resolving a complaint relating to, or an appeal from, a determination specified in subsection 1.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.851  Appeal of certain determinations imposing hardship on pupil. (NRS 386.430, 386.440)  Except as otherwise provided in NAC 386.600 to 386.886, inclusive, a pupil may appeal a determination made pursuant to any of those sections if the determination imposes a hardship on the pupil. The pupil must prove by a preponderance of the evidence that:

     1.  The hardship exists; and

     2.  If the determination relates to a transfer by the pupil, the pupil was not recruited to make the transfer.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R104-06, 6-1-2006; R144-07, 1-30-2008)

      NAC 386.852  Appeals: Pupil who attends school in district of county whose population is 100,000 or more. (NRS 386.430, 386.440)  Each school district in a county whose population is 100,000 or more shall establish a procedure for conducting an appeal for a pupil who attends a school in the school district. Such an appeal may, as determined by each school district, be conducted by:

     1.  An administrator of the school district who is responsible for interpreting and enforcing the regulations adopted by the Association; or

     2.  A panel of principals who are chosen from the schools located in the school district.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.853  Appeals: Pupil enrolled in private school or school in school district of county whose population is less than 100,000. (NRS 386.430, 386.440)  Any appeal relating to a pupil who is enrolled in a school that is not located in a school district specified in NAC 386.852 or who is enrolled in a private school must be submitted to the Executive Director.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.854  Appeals: Pupil determined to be ineligible to participate in sanctioned sport. (NRS 386.430, 386.440)

     1.  A pupil who is determined to be ineligible to participate in a sanctioned sport may appeal that determination to the appropriate person or panel specified in NAC 386.852 or 386.853.

     2.  An appeal filed pursuant to subsection 1 must be submitted in writing and include:

     (a) The name of the pupil and the school he or she attends;

     (b) The reason for the appeal; and

     (c) Any document or other information that supports the appeal.

     3.  As soon as practicable after an appeal is filed pursuant to subsection 2, the Executive Director, administrator or panel with whom the appeal is filed shall review the appeal and any information submitted pursuant to that subsection.

     4.  As soon as practicable after making a determination pursuant to subsection 3, the Executive Director, administrator or panel shall send a written notice to the pupil and the school involved in the appeal setting forth the results of the determination.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.855  Appeals: Pupil adversely affected by determination made on appeal of determination of ineligibility. (NRS 386.430, 386.440)

     1.  A pupil who is adversely affected by a determination made pursuant to NAC 386.854 may appeal that determination pursuant to this section.

     2.  An appeal filed pursuant to this section must be:

     (a) Heard by a hearing officer who is appointed by the Executive Director and approved by the Board;

     (b) Heard in Reno or Las Vegas unless the Executive Director specifies another location for the appeal; and

     (c) Except as otherwise provided in subsection 3, accompanied by a nonrefundable fee of $500.

     3.  The Executive Director may waive the fee for filing an appeal specified in subsection 2 if he or she determines that:

     (a) The pupil who filed the appeal qualifies for the school lunch program pursuant to 42 U.S.C. §§ 1751, et seq.; or

     (b) The payment of the fee will impose a substantial financial hardship on the pupil.

     4.  Except as otherwise provided in this section, each hearing held pursuant to this section must be:

     (a) Conducted in accordance with the provisions of chapter 233B of NRS relating to contested cases;

     (b) Except as otherwise provided in subsection 5, closed to the general public; and

     (c) Recorded on audiotape.

     5.  A pupil who is at least 18 years of age and who files an appeal pursuant to this section is entitled to have any hearing conducted concerning the appeal open to the general public.

     6.  Each party to an appeal may present a closing argument after the submission of evidence at any hearing concerning the appeal that is conducted pursuant to this section.

     7.  The Association must be represented by legal counsel at any hearing held pursuant to this section.

     8.  A hearing officer who is appointed to conduct an appeal pursuant to this section shall:

     (a) After the submission of the evidence and the presentation of any closing arguments, declare the hearing closed; and

     (b) Within 14 days after closing the hearing, prepare findings of fact and conclusions of law and submit his or her decision to:

          (1) The Executive Director;

          (2) The legal counsel representing the Association; and

          (3) Each party to the appeal.

     9.  The decision of a hearing officer issued pursuant to this section is final and binding and may not be appealed.

     10.  The office of the Executive Director shall:

     (a) Provide administrative and clerical support for each hearing officer who is appointed pursuant to this section; and

     (b) If money is available for that purpose, reimburse the hearing officer for any per diem or travel expenses incurred or fees charged by him or her for conducting the appeal.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.856  Complaints: Preparation and submission; response; action by Executive Director or designee; appeal of decision. (NRS 386.430, 386.440)

     1.  Each complaint must be prepared in writing and include any document or other information that supports the charge set forth in the complaint. The complainant shall submit the complaint to the Executive Director or a designee thereof and submit a copy of the complaint to the principal of the school that has allegedly committed the violation specified in the complaint. If a school files the complaint, the Executive Director shall, after reviewing the complaint, require the complainant to:

     (a) Notify the principal of the school specified in the complaint; and

     (b) Discuss a resolution of the complaint.

     2.  Within 10 days after receiving a copy of a complaint, the principal of the school, or the principal of the school where the pupil named in the complaint is enrolled, shall prepare and submit a written response and any supporting documents to the Executive Director or the designee.

     3.  As soon as practicable after receiving a written response to a complaint, the Executive Director or the designee shall conduct an investigation to determine the merits of the complaint and the extent to which any disciplinary action may be required.

     4.  As soon as practicable after conducting an investigation, the Executive Director or the designee shall mail a copy of his or her written decision concerning the complaint to the principal of the school that is named in the complaint and to each pupil who is involved, if applicable.

     5.  Within 10 days after receiving a copy of the decision of the Executive Director or the designee, the school or pupil who is named in the complaint may appeal the decision in accordance with the provisions of NAC 386.855.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.857  Investigation of school: Cooperation required; penalty for failure to cooperate. (NRS 386.430)

     1.  If the Association investigates a school, the school shall cooperate with the Executive Director and each member of the Association who is involved in the investigation.

     2.  If the Association determines that a school has failed to cooperate with the Association pursuant to subsection 1, the Association may fine and place the school on probation or suspend the membership of the school in the Association in accordance with the provisions of NAC 386.861.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.858  Reporting of violations: Duties of principal of school or designee. (NRS 386.430)

     1.  Except as otherwise provided in NAC 386.842, if a school or any team or pupil of the school violates a provision of NAC 386.600 to 386.886, inclusive, the principal of the school or a designee thereof shall report the violation to the Executive Director as soon as practicable after becoming aware of the violation.

     2.  If a school becomes aware of a violation of NAC 386.600 to 386.886, inclusive, that is committed by another school or any team or pupil of that school, the principal of the school or the designee shall, as soon as practicable after becoming aware of the violation, report the violation to:

     (a) The Executive Director in accordance with the provisions of NAC 386.856; and

     (b) The school that is alleged to have committed the violation.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.859  Filing of complaint by person having knowledge of violation. (NRS 386.430)  A person who has knowledge of a violation of any provision of NAC 386.600 to 386.886, inclusive, that is committed by a school may file a complaint concerning the violation in the manner prescribed in NAC 386.856.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.860  Imposition of penalties by Executive Director; certain determinations and penalties not subject to appeal. (NRS 386.430)

     1.  The Executive Director may impose any appropriate penalty, including any penalty set forth in NAC 386.861, if:

     (a) The penalty is required to enforce any provision of NAC 386.600 to 386.886, inclusive; or

     (b) The Executive Director is authorized pursuant to any provision of NAC 386.600 to 386.886, inclusive, to impose a penalty in addition to a penalty specifically set forth in those sections.

     2.  Any determination made or penalty imposed pursuant to NAC 386.835 to 386.845, inclusive, may not be appealed.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.861  Imposition of additional penalties by Association or Executive Director or during appeal; approval of suspension by Board. (NRS 386.430)

     1.  In addition to any penalty set forth in NAC 386.600 to 386.886, inclusive, the Association may impose any of the following penalties for a violation of a provision of those sections:

     (a) The imposition of a fine of not more than $1,000;

     (b) The issuance of a sanction indicating the occurrence of misconduct and the imposition of a fine of not more than $1,000;

     (c) The placement of a school on probation and the imposition of a fine of not more than $2,500;

     (d) The suspension of the membership of a school in the Association and the imposition of a fine of not more than $5,000; or

     (e) Any combination of the actions specified in paragraphs (a) to (d), inclusive.

     2.  The Association will maintain a record of each sanction issued and fine imposed pursuant to subsection 1. If a school which is issued a sanction or against which a fine is imposed repeats the violation for which the sanction is issued or fine is imposed, the Association may suspend the membership of the school in the Association for the period specified by the Board pursuant to subsection 4.

     3.  A school that is placed on probation pursuant to subsection 1 may not participate in any activity relating to a league, regional or state tournament for the period determined by the Association. If the school repeats the violation for which the school was placed on probation, the Association will suspend the membership of the school in the Association for the period specified by the Board pursuant to subsection 4.

     4.  The Executive Director, an administrator or a panel specified in NAC 386.852 may, during an appeal made pursuant to NAC 386.850 to 386.858, inclusive, suspend or impose a fine or other penalty against a school that is a party to the appeal. A suspension imposed pursuant to this section is not final until the Board approves the imposition and duration of the suspension.

     5.  If a penalty is imposed or disciplinary action is taken against a school or pupil, the Executive Director may, in addition to the penalty imposed or disciplinary action taken, impose a penalty against the school or pupil pursuant to this section.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

Sports Officials

      NAC 386.865  Effect and protest of decisions. (NRS 386.430)  A decision of a sports official who is assigned to a game, contest or meet is final and binding unless a procedure for protesting the decision is set forth in the rules of the National Federation of State High School Associations or its successor organization for the sanctioned sport for which the decision was made. If such a procedure is set forth in the rules, any person who wishes to protest the decision of the sports official must comply with that procedure.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.866  Registration, assignment and use of non-association officials. (NRS 386.430)

     1.  Each non-association official must, before engaging in any activity as a sports official for a sanctioned sport, register with the Association in accordance with this section.

     2.  A non-association official may register with the Association by submitting to the Association an application for registration on a form approved by the Association. The application must be:

     (a) Submitted not later than:

          (1) August 15 of the year in which the applicant wishes to register with the Association, if the sanctioned sport for which he or she is registering is football, soccer or girls’ volleyball;

          (2) November 1 of the year in which the applicant wishes to register with the Association, if the sanctioned sport for which he or she is registering is basketball or wrestling; or

          (3) February 15 of the year in which the applicant wishes to register with the Association, if the sanctioned sport for which he or she is registering is baseball, softball, swimming and diving, or track and field; and

     (b) Accompanied by the fee prescribed by the Association.

     3.  If a non-association official completes an examination to become a sports official, he or she must submit the results of that examination to the Association within 2 weeks after receiving the results of that examination.

     4.  The Association will not approve an application for registration pursuant to this section unless the applicant obtains a score of at least 70 percent on each portion of the examination specified in subsection 3 that relates to the rules for the sanctioned sport for which the applicant wishes to register.

     5.  The Commissioner shall assign a non-association official to officiate a game, contest or meet for a sanctioned sport.

     6.  In assigning a non-association official to a game, contest or meet pursuant to subsection 5, the Commissioner shall consider the costs, if any, for the non-association official to travel to the game, contest or meet.

     7.  If a school wishes to use a non-association official during a season or any portion of a season for a sanctioned sport, the school shall, before the season begins, provide a written notice of that fact to the Commissioner.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Passes

      NAC 386.870  Issuance by Board of lifetime and courtesy passes. (NRS 386.430)  The Board may issue lifetime and courtesy passes in accordance with NAC 386.871 and 386.872.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.871  Lifetime pass: Prerequisites to issuance; use. (NRS 386.430)

     1.  Each member of the Hall of Fame of the Association, and each member of the Board whose term of membership on the Board has expired, is entitled to receive a lifetime pass from the Association.

     2.  Any person who is not entitled to receive a lifetime pass pursuant to subsection 1 must be nominated to receive a lifetime pass. The Association will accept a nomination of a person for a lifetime pass that is submitted by:

     (a) A member of the Legislative Commission;

     (b) A member of the Board;

     (c) A principal of a school;

     (d) The Executive Director; or

     (e) The Commissioner.

     3.  The Board may accept a nomination for a lifetime pass for the following persons:

     (a) A retired superintendent of schools of a school district in this State;

     (b) A retired administrator of a high school in this State; or

     (c) A person who has served for at least 25 years in support of the athletic program of a school, including, without limitation, service as:

          (1) A coach;

          (2) An athletic administrator;

          (3) A sports official;

          (4) A member of a board of trustees of a school district in this State; and

          (5) A physician for a team.

     4.  The nomination of a person for a lifetime pass must be submitted on a form provided by the Association at least 30 days before a scheduled meeting of the Board. A majority vote of the Board is required to issue a lifetime pass to a nominee.

     5.  Except as otherwise provided in this subsection, a lifetime pass is not transferable and admits the holder of the pass and one guest who accompanies the holder of the pass to any game, contest, meet or tournament that is sponsored by the Association or any school. If the spouse of a holder of a lifetime pass presents the pass for admission to the game, contest, meet or tournament, only the spouse may be admitted.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R104-06, 6-1-2006)

      NAC 386.872  Courtesy pass: Prerequisites to and restriction on issuance; use; duplicate pass; revocation. (NRS 386.430)

     1.  The Board shall, upon receipt of a request accompanied by a fee of $35, issue a courtesy pass to:

     (a) A superintendent of schools of a school district in this State;

     (b) A member of the board of trustees of a school district in this State;

     (c) A principal, athletic administrator, athletic director, head coach of athletics, assistant coach or advisor of a spirit squad of a school; or

     (d) Any other person designated by the Association.

     2.  Any person who is not specified in subsection 1 and who is affiliated with a program that is sanctioned by the Association relating to a pupil who is enrolled in the 9th, 10th, 11th or 12th grade in a school may purchase a courtesy pass from the Association. A request for the issuance of a courtesy pass pursuant to this subsection must be:

     (a) Submitted in writing to the Association;

     (b) Signed by the superintendent of schools of the school district where the school is located, or the principal or athletic director of the school; and

     (c) Accompanied by a fee of $35.

     3.  Except as otherwise provided in this subsection, a courtesy pass is not transferable and admits the holder of the pass and one guest who accompanies the holder of the pass to any game, contest, meet or tournament that is sponsored by the Association or any school. If the spouse of a holder of a courtesy pass presents the pass for admission to the game, contest, meet or tournament, only the spouse may be admitted.

     4.  If a courtesy pass is lost, stolen or destroyed, the superintendent of schools of the school district where the school is located, or the principal or athletic director of the school may request the issuance of a duplicate pass. A request for a duplicate pass must be:

     (a) Submitted in writing to the Association; and

     (b) Accompanied by a fee of $25.

     5.  The Board shall not issue more than one courtesy pass to a person, regardless of whether the person is employed at more than one school or school district or in more than one position at a school or school district.

     6.  The Association may revoke a courtesy pass for improper use and may require the holder of the pass to present photographic identification for admission to a game, contest, meet or tournament sponsored by the Association.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.873  Courtesy pass: Member of Nevada State Officials’ Association. (NRS 386.430)  A member of the Nevada State Officials’ Association, or its successor organization, may apply for the issuance of a courtesy pass in accordance with subsection 2 of NAC 386.872.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.874  Issuance of pass by league or region; use of pass. (NRS 386.430)  Each league or region established pursuant to NAC 386.667 may issue a pass to a person for attendance at a game, contest or meet that is conducted during the regular season in which the league or region issues the pass. The pass does not entitle the person to receive admission to a regional or state play-off.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.875  Issuance of passes by director of tournament. (NRS 386.430)  The director of a tournament shall issue a pass to:

     1.  Each principal, coach and pupil of a school who participates in the tournament; and

     2.  Any other person who is associated with the tournament as determined by the director of the tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

Broadcasting of Games, Contests, Meets and Tournaments

      NAC 386.880  Rights reserved by Association; authority of Board. (NRS 386.430)  The Association reserves all rights to broadcast any game, contest or meet or any league, regional or state tournament by radio or television or over the Internet. The Board, or an agent designated by the Board, may grant permission to exercise any of those rights.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.881  Approval required to broadcast by television or radio or over Internet. (NRS 386.430)

     1.  A person shall not broadcast by television a game, contest or meet or a league, regional or state tournament in which a right is reserved by the Association pursuant to NAC 386.880 without first obtaining the approval of the Board or an agent designated by the Board.

     2.  A person shall not broadcast by radio or over the Internet a game, contest or meet or a league, regional or state tournament in which a right is reserved by the Association pursuant to NAC 386.880 without first obtaining the approval of the Executive Director.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.882  Consideration of requests for permission to broadcast. (NRS 386.430)

     1.  If more stations request permission to broadcast a league, regional or state tournament by radio or television than may be accommodated for the tournament, the Board or its designated agent, or the Executive Director, as appropriate, shall first consider any requests that are submitted by a station that is located in, or broadcasts by radio or television in, the city or town where a participating school is located. After considering each of those requests, the Board or its designated agent, or the Executive Director, as appropriate, shall consider any other request to broadcast the tournament by radio or television in the order in which the Board or its designated agent or the Executive Director received the request.

     2.  If more than one station from the same area of service requests permission to broadcast a league, regional or state tournament by radio or television, the Board or its designated agent, or the Executive Director, as appropriate, may approve the request of the station that broadcasted the most games, contests or meets for each participating school during the season for the sanctioned sport for which the tournament is conducted.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.883  Fees for approving requests to broadcast: Amount; obligations of person paying fee; waiver of fee. (NRS 386.430, 386.460)

     1.  Except as otherwise provided in subsection 3, the Board shall charge and collect the following fees before approving a request to broadcast a game, contest or meet or a league, regional or state tournament by radio or television or over the Internet:

     (a) For a live broadcast over the Internet of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................. $175

          (2) League tournament...................................................................................................... 225

          (3) Regional tournament.................................................................................................... 275

          (4) State tournament.......................................................................................................... 350

     (b) For a delayed broadcast over the Internet of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................. $100

          (2) League tournament...................................................................................................... 125

          (3) Regional tournament.................................................................................................... 150

          (4) State tournament.......................................................................................................... 175

     (c) For a live broadcast by television of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................. $250

          (2) League tournament...................................................................................................... 500

          (3) Regional tournament.................................................................................................... 750

          (4) State tournament....................................................................................................... 1,000

     (d) For a delayed broadcast by television of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................. $125

          (2) League tournament...................................................................................................... 175

          (3) Regional tournament.................................................................................................... 325

          (4) State tournament.......................................................................................................... 500

     (e) For a live broadcast by radio or a live audio broadcast over the Internet of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................. $100

          (2) League tournament...................................................................................................... 125

          (3) Regional tournament.................................................................................................... 150

          (4) State tournament.......................................................................................................... 175

     (f) For a delayed broadcast by radio or a delayed audio broadcast over the Internet of a:

          (1) Game, contest or meet during the regular season for a sanctioned sport.................... $50

          (2) League tournament........................................................................................................ 75

          (3) Regional tournament.................................................................................................... 100

          (4) State tournament.......................................................................................................... 150

     (g) For each game, contest or meet included in a production of a video yearbook or the preparation of highlights of a regular season for a sanctioned sport or of a league, regional or state tournament $100

     2.  If a person pays a fee to broadcast a game, contest or meet or a league, regional or state tournament pursuant to this section, the Board:

     (a) Shall require the person to include in the broadcast a public service announcement for the Association; and

     (b) May require the person to include in the broadcast any information that is provided by a sponsor of the Association.

     3.  If a school:

     (a) Operates a station for broadcasting by radio or television games, contests or meets for sanctioned sports in which the school participates or prepares those games, contests or meets for broadcast over the Internet; and

     (b) Wishes to broadcast a league, regional or state tournament using that station or over the Internet,

Ê the Board may waive the fee required pursuant to subsection 1 for broadcasting the tournament if, as determined by the Board, the waiver of the fee is in the best interests of the Association and the tournament.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004; A by R040-11, 12-30-2011)

      NAC 386.884  Approval required for agreement conferring exclusive right to broadcast. (NRS 386.430)  A person shall not enter into an agreement that confers upon him or her the exclusive right to broadcast by radio or television a league, regional or state tournament in which a right is reserved pursuant to NAC 386.880 unless the Board approves the agreement.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.885  Issuance of passes to stations that broadcast by radio. (NRS 386.430)  The Executive Director may issue not more than two passes to each station that broadcasts a tournament by radio.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)

      NAC 386.886  Issuance of passes to stations that broadcast by television. (NRS 386.430)  Before each tournament for a sanctioned sport, the Executive Director and the director of the tournament shall, if a director of the tournament is appointed pursuant to NAC 386.764, determine the number of passes that are available for issuance for that tournament to each station that broadcasts the tournament by television. The Executive Director may issue passes only to stations that broadcast the tournament by television.

     (Added to NAC by Nev. Interscholastic Activities Ass’n by R206-03, eff. 11-2-2004)