NAC: CHAPTER 394 - PRIVATE EDUCATIONAL INSTITUTIONS AND ESTABLISHMENTS

[Rev. 11/6/2023 10:58:59 AM]

[NAC-394 Revised Date: 10-23]

CHAPTER 394 - PRIVATE EDUCATIONAL INSTITUTIONS AND ESTABLISHMENTS

PRIVATE KINDERGARTEN, ELEMENTARY AND SECONDARY SCHOOLS

General Provisions

394.010 Definitions.

394.012 “Administrator” defined.

394.0125 “Annual directory of private schools” defined.

394.013 “Applicant” defined.

394.014 “Board” defined.

394.015 “Department” defined.

394.016 “Private school” defined.

394.017 “Private school license” defined.

394.018 “Supervisor” defined.

394.019 “Teacher’s license” defined.

394.0195 Exemption from Private Elementary and Secondary Education Authorization Act: Declaration of exemption; duties of exempt institution.

394.020 Appearance before Board by representative of private school; notice and approval of proposed change.

394.025 Requirements for licensure: Applicable provisions.

Licensure of Schools Not Accredited by Northwest Accreditation Commission

394.030 Submission of certain information concerning instruction; requirements for instruction and maximum enrollments; identification of costs.

394.040 Size of private school; facilities and materials; ratios of pupils to instructors; administrator or liaison with Department.

394.050 Qualifications of staff; reports; annual directory of private schools.

394.060 Contents and distribution of catalog or brochure; calendars; school year; short school days.

394.070 Maintenance of records.

394.080 Evaluation of pupil; transfer of credits.

394.090 Records of attendance, progress and performance.

394.100 Submission and review of plans of existing or proposed private school facilities.

394.110 Facilities; compliance with Occupational Safety and Health Act; vehicles.

394.120 Inspection and approval of facilities and plans.

394.130 Certificate of fire inspection; fire drills; insurance; applicability of requirements to rented or leased facilities.

394.140 Evidence of financial stability; audit; declaration of tax-exempt status.

394.150 Advertising.

394.160 Criminal background checks for certain applicants and employees of applicants who do not hold a license; reputation and character of officers and staff.

394.170 Enrollment, entrance and dismissal.

394.180 Maintenance and operational standards; periodic reviews.

Licensure of Schools Accredited by Northwest Accreditation Commission

394.200 Submission of certain documentation, information, statements and references.

394.205 Submission of certain financial and organizational information.

394.210 Inspection and approval of facilities and plans.

394.215 Calendars; school year; short school days.

394.220 Contents and distribution of catalog or brochure.

394.225 Criminal background checks for certain employees who do not hold a license; reports; conviction of crime.

394.230 Advertising.

394.235 Application for renewal: Plan for use in responding to crisis.

Immunization Against Disease

394.250 Mumps, hepatitis A, hepatitis B, varicella, Bordetella pertussis and Neisseria meningitidis.

394.255 Exemption if prohibited by religious belief: Requirements for written statement.

394.260 Exemption if prevented by medical condition: Requirements for written statement.

394.265 Audit of medical exemptions.

PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

General Provisions

394.300 Definitions.

394.306 “Credit” defined.

394.310 “Degree-granting institution” defined.

394.315 “Direct supervision” defined.

394.316 “Distance education” defined.

394.317 “Educational unit” defined.

394.319 “Hour of instruction” defined.

394.323 “Institution” defined.

394.330 “Licensed institution” defined.

394.335 “Licensing” defined.

394.353 “Transcript” defined.

394.358 Submission of materials for consideration by the Commission.

Licensing

394.365 Determination that a person is required to be licensed.

394.375 Applicability of regulations to institutions approved for the training of veterans.

394.381 Provisional licenses: Submission of application.

394.386 Provisional licenses: Review by Administrator; action by Commission; issuance by Administrator; automatic termination of license granted contingent upon certain requirements.

394.391 Renewal of license.

394.396 Request for approval of change in ownership of licensed institution.

394.435 Form for submission of applications.

394.445 Provisional licenses: Compliance with standards; extension; on-site review of institution before expiration; action by Commission.

394.453 Display of license.

394.460 Agent’s permit.

Personnel

394.480 Submission of evidence regarding full-time director and academic directors.

394.485 Instructors.

394.495 Chair of the graduate committee.

Instruction

394.520 Minimum credits required for degrees.

394.521 Requirements for offering distance education.

394.523 Gaming.

394.526 Massage.

394.529 Request for approval to add new program of instruction.

Operation

394.545 Use of terms “college” and “university”: Application for authorization.

394.555 Accreditation or transferability of credits required; affidavit verifying transferability; use of terms.

394.585 Advertising of authorization to operate.

394.590 Promotional materials: Prohibitions.

394.600 Approval of advertisements.

394.607 Requirements for entrance.

394.610 Enrollment agreements and contracts.

394.632 Collection and posting of information: “Average compensation” and “graduate” interpreted.

394.640 Student’s records: Contents; maintenance; inspection.

394.645 Retention of student’s materials and equipment.

394.652 Account for Student Indemnification: Duties of Administrator upon closure of institution; arrangement for students to attend alternate institution; refunds.

394.670 Enforcement of provisions.

394.675 Liquidation of claims against bonds.

394.685 Employees subject to investigation: Termination or continuation of employment.

ALCOHOLIC BEVERAGE AWARENESS PROGRAMS

394.700 Definitions.

394.705 “Alcoholic beverage awareness program” defined.

394.710 “Certified program” defined.

394.715 Requirements for certification of program.

394.725 Provider of certified program: Prohibition of certain activities.

394.730 Alcohol education card: Requirements for and record of issuance; form and contents.

PRIVATE KINDERGARTEN, ELEMENTARY AND SECONDARY SCHOOLS

General Provisions

NAC 394.010 Definitions. (NRS 385.080, 394.221) As used in NAC 394.010 to 394.250, inclusive, unless the context otherwise requires, the words and terms defined in NAC 394.012 to 394.019, inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification; A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R235-03, 8-4-2004; R061-07, 10-31-2007)

NAC 394.012 “Administrator” defined. (NRS 385.080, 394.221) “Administrator” means the person who directs or manages the affairs of a private school.

(Added to NAC by Bd. of Education, eff. 9-13-85; A by R087-99, 9-27-99)

NAC 394.0125 “Annual directory of private schools” defined. (NRS 385.080, 394.221) “Annual directory of private schools” means a list prepared by the Department that includes, without limitation, the name, address, telephone number and number of enrolled pupils of each private school in this State.

(Added to NAC by Bd. of Education by R087-99, eff. 9-27-99)

NAC 394.013 “Applicant” defined. (NRS 385.080, 394.221) “Applicant” includes any person seeking a private school license or the renewal of a private school license.

(Added to NAC by Bd. of Education, eff. 9-13-85; A by R087-99, 9-27-99)

NAC 394.014 “Board” defined. (NRS 385.080, 394.221) “Board” means the State Board of Education.

(Added to NAC by Bd. of Education, eff. 9-13-85)

NAC 394.015 “Department” defined. (NRS 385.080, 394.221) “Department” means the Department of Education.

(Added to NAC by Bd. of Education, eff. 9-13-85)

NAC 394.016 “Private school” defined. (NRS 385.080, 394.221) “Private school” has the meaning ascribed to it in NRS 394.103.

(Added to NAC by Bd. of Education, eff. 9-13-85; A by R087-99, 9-27-99)

NAC 394.017 “Private school license” defined. (NRS 385.080, 394.221) “Private school license” means a license to operate a private school.

(Added to NAC by Bd. of Education, eff. 9-13-85; A by R087-99, 9-27-99)

NAC 394.018 “Supervisor” defined. (NRS 385.080, 394.221) “Supervisor” means a person who assists and supervises instructors in methods of instruction and planning of curricula or in the teaching of a special subject.

(Added to NAC by Bd. of Education, eff. 9-13-85)

NAC 394.019 “Teacher’s license” defined. (NRS 385.080, 394.221) “Teacher’s license” means a license issued by the Department pursuant to NRS 391.031 to 391.051, inclusive.

(Added to NAC by Bd. of Education by R087-99, eff. 9-27-99)

NAC 394.0195 Exemption from Private Elementary and Secondary Education Authorization Act: Declaration of exemption; duties of exempt institution. (NRS 385.080, 394.130, 394.211, 394.221)

1. An educational institution that requests an exemption from the Private Elementary and Secondary Education Authorization Act pursuant to NRS 394.211 must submit to the Department a declaration of exemption on a form provided by the Department. The declaration of exemption must include:

(a) A copy of the articles of incorporation for the educational institution, the bylaws for the institution or other documentation acceptable to the Department that sets forth the purpose of the educational institution.

(b) A copy of the written notice required by NRS 394.211 that is provided to parents and legal guardians indicating that the educational institution is exempt from the Private Elementary and Secondary Education Authorization Act.

(c) If applicable, evidence that the educational institution is recognized as an exempt organization pursuant to 26 U.S.C. § 501(c)(3).

(d) A copy of the plan for the educational institution to be used in responding to a crisis developed in accordance with NRS 394.168 to 394.1699, inclusive.

(e) The grade levels offered by the educational institution and the number of teachers for each grade level.

(f) A written assurance that the educational institution offers courses and schedules of classes that are, at a minimum, commensurate to the state courses of study and satisfy the requirements of chapter 389 of NRS, as applicable for the grade levels offered by the educational institution. If applicable for the grade levels offered by the educational institution, the institution must also offer the courses and schedules of classes required for graduation from high school. If the educational institution offers special education for pupils with disabilities, the educational institution may submit an alternative course of study for approval.

(g) A school calendar showing legal holidays, beginning and ending dates of terms and other important dates for each 2-year period during which the exemption is valid. The school calendar must consist of, at a minimum, 180 school days per year.

(h) A written assurance that the institution adheres to the length of a school day as set forth in NAC 387.131. The board of directors of the educational institution, or upon written authority of the board of directors, the chief administrator of the educational institution, may schedule not more than 5 short school days in session per school year. Before using a short school day in session, the educational institution must have the written approval of the Superintendent of Public Instruction.

(i) Documentation which indicates that the facility occupied by the educational institution meets the requirements of applicable codes for the prevention of fire and codes pertaining to safety, health and sanitation.

(j) Documentation which indicates that an owner or administrator of the educational institution 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.

(k) Evidence of compliance with NRS 394.190 if the educational institution uses vehicles for the transportation of pupils.

2. On or before October 15 of each year for which an exemption is valid, an educational institution shall submit to the Department a report indicating the number of teachers employed for each grade level at the educational institution.

3. If an educational institution that receives an exemption plans to close or otherwise terminate its operation, its owners or administrators shall notify the Department and submit to the Department all permanent records of the pupils enrolled in the educational institution.

(Added to NAC by Bd. of Education by R235-03, eff. 8-4-2004)

NAC 394.020 Appearance before Board by representative of private school; notice and approval of proposed change. (NRS 385.080, 394.221)

1. A designated representative of the private school shall appear before the Board, at the request of the Superintendent of Public Instruction, at the time the application for a private school license or renewal of a private school license is considered.

2. After a private school license is issued, the licensee shall inform the Department, in writing, of any proposed change in the staff and in the nature or purpose of the private school.

3. A private school shall secure the approval of the Department before initiating any change in its nature or purpose. Failure to notify the Department of such a change may result in the revocation of its private school license.

[Dep’t of Education, Foreword, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; 11-17-95; R087-99, 9-27-99)

NAC 394.025 Requirements for licensure: Applicable provisions. (NRS 385.080, 394.221, 394.241, 439.200, 441A.120)

1. An applicant that is not accredited by AdvancED or its successor organization, or any affiliate thereof, shall comply with the provisions of NAC 394.020, 394.030 to 394.180, inclusive, and 394.250 to 394.265, inclusive.

2. An applicant that is accredited by AdvancED or its successor organization, or any affiliate thereof, shall comply with the provisions of NAC 394.020 and 394.200 to 394.265, inclusive.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007; A by R024-18, 6-26-2018; A by Bd. of Health by R046-20, 12-29-2020)

Licensure of Schools Not Accredited by Northwest Accreditation Commission

NAC 394.030 Submission of certain information concerning instruction; requirements for instruction and maximum enrollments; identification of costs. (NRS 385.080, 394.130, 394.221, 394.241)

1. The applicant must submit to the Department:

(a) A list containing the names, descriptions and levels of proposed courses;

(b) Proposed schedules of classes;

(c) A description of measurable objectives for each grade and course and the procedures to be used in evaluating attainment of the objectives;

(d) An indication of the maximum number of pupils to be enrolled in each grade and course;

(e) An indication of the number of instructors to be assigned to each grade and course;

(f) The organizational structure and assignments of licensed and nonlicensed staff, including assignments to grades and courses;

(g) A statement disclosing the cost of courses, including all fees; and

(h) A copy of each financial agreement between the private school and the parents or guardian of a pupil.

2. All grades offered must be indicated in the application. Except as otherwise provided in this subsection, courses must, at a minimum, be commensurate to the state courses of study and chapter 389 of NRS. If applicable to the grade levels offered by the private school, the school must also offer the courses required for graduation from high school. A private school that offers special education to pupils with disabilities may present an alternative course of study for approval.

3. Schedules of classes must meet the minimum requirements contained in the state courses of study and chapter 389 of NRS. If applicable to the grade levels offered by the private school, the schedules of classes must also meet the requirements for graduation from high school.

4. Anticipated maximum enrollments are subject to the limitations of the facility and staff. Enrollments indicated must be reconciled with the sections of the applications relating to the facility, staff and budget.

5. All costs, including instructional costs, costs of transportation and food, fees for activities and other charges to be paid by the pupil or his or her parent or guardian must be identified separately. The purpose of the charge must be described.

[Dep’t of Education, §§ 1.1-1.6, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R235-03, 8-4-2004)

NAC 394.040 Size of private school; facilities and materials; ratios of pupils to instructors; administrator or liaison with Department. (NRS 385.080, 394.221, 394.241)

1. The applicant shall:

(a) Assure that the size of the private school is such that each pupil enrolled in:

(1) An academic program is provided with not less than 30 square feet of usable instructional space;

(2) A kindergarten is provided with not less than 35 square feet of usable instructional space; and

(3) A vocational course or other program which, by its description, concentrates on a nonacademic activity is provided with not less than 50 square feet of usable instructional space.

(b) Describe the facilities and equipment available for physical education and recreation and how the measurable objectives of a course in physical education will be met.

(c) List the materials in the library and describe the other facilities and services available for instruction, research and study.

(d) Describe the available audiovisual and instructional equipment, such as charts and maps, blackboards, tagboards, machines and models. All instructional material provided should be consistent with the measurable objectives for each grade and course.

(e) List textbooks and supplementary materials to be used for each course. Instructional material must be consistent with the measurable objectives for each grade and course and must be made available in sufficient amounts to accommodate the number of students projected for enrollment. Basic textbooks and appropriate supplementary materials must be made available to all pupils.

(f) Indicate the ratio of pupils to instructors. A minimum of one full-time instructor is required for every 35 pupils or fraction thereof if the private school enrolls more than 35 pupils. If the private school enrolls less than 30 pupils, the ratio of pupils to instructors must be 15 to 1 when more than three grades are offered. In any event, the ratio of pupils to instructors must not exceed 35 to 1 if the private school has a single grade.

2. A full-time administrator must be employed for each private school which enrolls 150 or more pupils or employs six or more full-time instructors.

3. A private school which enrolls less than 150 pupils and employs less than six full-time instructors shall designate a person to serve as a liaison with the Department. The liaison must:

(a) Hold a teacher’s license issued by the Department;

(b) Hold an administrator’s license issued by the Department or by another state or territory of the United States;

(c) Hold a bachelor’s degree from an institution accredited by a regional accrediting association and have at least 5 years of verified experience in educational administration; or

(d) Hold a master’s degree from an institution accredited by a regional accrediting association and have at least 3 years of verified experience in educational administration.

4. A liaison designated pursuant to subsection 3 shall:

(a) Ensure that the private school is operated pursuant to all applicable laws and regulations.

(b) Develop curricular materials.

(d) Supervise and evaluate the staff of the private school.

[Dep’t of Education, §§ 2.1-2.4.1, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R047-00, 6-20-2000; R019-02, 5-29-2002)

NAC 394.050 Qualifications of staff; reports; annual directory of private schools. (NRS 385.080, 394.221, 394.241)

1. A full-time administrator must:

(a) Hold an administrator’s license issued by the Department or by another state or territory of the United States;

(b) Hold a bachelor’s degree from an institution accredited by a regional accrediting association that is approved by the United States Department of Education and have 5 years of verified experience in educational administration; or

(c) Hold a master’s degree from an institution accredited by a regional accrediting association that is approved by the United States Department of Education and have 3 years of verified experience in educational administration.

2. An instructor must:

(a) Hold a teacher’s license issued by the Department or by another state or territory of the United States that is appropriate for the instructor’s assignment;

(b) Hold a bachelor’s degree from an institution accredited by a regional accrediting association that is approved by the United States Department of Education and have 3 years of verified full-time or supervised experience in teaching the appropriate grade level; or

(c) Hold a master’s degree in an area that is appropriate for the instructor’s assignment from an institution accredited by a regional accrediting association that is approved by the United States Department of Education and have 1 year of verified full-time or supervised experience in teaching the appropriate grade level.

3. The licensee shall:

(a) On or before October 15 of each year and whenever there is a change in the staff of the private school, submit a report to the Department identifying:

(1) Each employee with a teacher’s or administrator’s license issued by the Department, the employee’s assignment and the identifying number on his or her license; and

(2) Each employee without a teacher’s or administrator’s license issued by the Department who meets the alternative requirements set forth in subsection 1 or 2, a brief description of his or her qualifications set forth in subsection 1 or 2, if any, and the identifying number on the teacher’s or administrator’s license issued by another state or territory of the United States, if any.

(b) On or before October 15 of each year and whenever there is a change in the staff of the private school, submit to the parents or guardian of any current or prospective student a written list of:

(1) Each employee without a teacher’s or administrator’s license issued by the Department who meets the alternative requirements set forth in subsection 1 or 2; and

(2) The qualifications set forth in subsection 1 or 2 of each such employee.

(c) Submit a resume of the previous applicable experience of the full-time administrator or designated liaison and three references, one of which must be local, attesting to the character, reputation and competence of the administrator or liaison.

(d) Prepare and submit descriptions of the jobs of each class of employee, including employees with or without a teacher’s or administrator’s license. The descriptions must reinforce the philosophy of the private school.

(e) Submit a description of the procedures for evaluating administrators, supervisors, instructors and other educational personnel.

4. On or before November 15 of each year, the Department shall prepare the annual directory of private schools. The Department shall include in the annual directory of private schools the number of the staff who:

(a) Hold a teacher’s or administrator’s license issued by the Department;

(b) Hold a teacher’s or administrator’s license issued by another state or territory of the United States;

(d) Hold a master’s degree and have the experience described in subsection 1 or 2.

[Dep’t of Education, §§ 3.1-3.3, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R047-00, 6-20-2000; R024-18, 6-26-2018)

NAC 394.060 Contents and distribution of catalog or brochure; calendars; school year; short school days. (NRS 385.080, 394.221, 394.241)

1. The applicant must provide a sample of the catalog or brochure of the private school containing at least the following information:

(a) The name and address of the private school;

(b) The names of the members of its governing body, its officials and faculty, including, without limitation:

(1) The name of any administrator, supervisor or instructor licensed by the Department; and

(2) The name and a brief description of the qualifications of any administrator or instructor who is not licensed by the Department and who meets the alternative requirements set forth in subsection 1 or 2 of NAC 394.050;

(d) The philosophy of the private school;

(e) A brief description of proposed grades and programs;

(f) The daily schedule of classes of the private school and, if secondary education is provided, the number of credits which a student must earn;

(g) A description of all charges, the purpose for each charge, and the methods and time of payment;

(h) A detailed schedule of all fees, including, without limitation, tuition, fees for books, supplies, activities for pupils and the use of laboratories, service charges, rentals, deposits, and charges for room and board; and

(i) A clear statement of the policy of the private school on cancellations and refunds.

2. The applicant must indicate the method he or she will use to distribute the approved catalog or brochure to parents and pupils before enrollment. The contents of the catalog or brochure must be incorporated in all agreements and contracts for enrollment.

3. Calendars showing legal holidays, beginning and ending dates of terms, and other important dates must be provided for each of the 2 years under the term of the private school license. The school year must include at least 180 school days.

4. The board of directors of a private school, or upon written authority of the board of directors, the chief administrator of the private school, may schedule not more than 5 short school days in session per school year. Before using a short school day in session, the private school must have the written approval of the Superintendent of Public Instruction.

[Dep’t of Education, §§ 4.1-4.3, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R047-00, 6-20-2000; R235-03, 8-4-2004)

NAC 394.070 Maintenance of records. (NRS 385.080, 394.221, 394.241)

1. The applicant shall submit to the Department:

(a) The name of the person who is responsible for maintenance of records and provide an example of a proposed folder for the cumulative record of a pupil.

(b) The proposed location of all records of the private school.

(c) The name of the person who will be responsible for the records in case of the termination of operations by the private school.

(d) The policy of the private school on the retention of records.

2. The private school shall maintain permanent records in a separate file on each pupil. Such records must show the pupil’s attendance, grades and other documentation directly related to his or her progress and must contain his or her certificate of immunization.

3. Records must be maintained in a safe, secure place reasonably protected from fire and misuse and from access by unauthorized persons.

4. If a private school plans to close or otherwise terminate its operation, its owners or administrators shall notify the Department and submit to it all permanent records of pupils as well as all records pertinent to the financial resolution of encumbrances and indebtedness.

[Dep’t of Education, §§ 5.1-5.1.3, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99)

NAC 394.080 Evaluation of pupil; transfer of credits. (NRS 385.080, 394.221, 394.241)

1. The applicant shall:

(a) Describe or provide a sample of the educational credentials to be used to indicate that the student has satisfactorily completed the course of instruction or study.

(b) State the policy of the private school relative to transfer of credits for previous education and training.

(d) Provide an example of a proposed student transcript of credit.

(e) Provide a copy of the diploma or certificate of completion which the private school plans to issue to students.

2. Credits earned at the private school must be such that an enrolled student may transfer to a comparable private school without loss of credit.

[Dep’t of Education, §§ 5.2-5.3.1, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.090 Records of attendance, progress and performance. (NRS 385.080, 394.221, 394.241) The applicant shall:

1. State the policy and regulations of the private school relative to absences, tardiness and unsatisfactory attendance and the procedure used to maintain and report attendance.

2. State the policy and regulations of the private school relative to standards of progress required of students, including the grading system, conditions for probation, dismissal and reentrance.

3. State the methods to be used in student evaluation.

[Dep’t of Education, §§ 6.1-6.3, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.100 Submission and review of plans of existing or proposed private school facilities. (NRS 385.080, 394.221, 394.241)

1. An applicant shall submit plans, blueprints or line drawings which describe in detail the facilities in which the private school will operate. “As built” drawings must be submitted for existing facilities.

2. Facilities which are proposed, including extensive remodeling, repairs or additions to existing buildings, must be delineated by plans and specifications prepared by architects or engineers licensed to practice in this State. The Board may require submission of plans for review. Costs of the review must be paid by the applicant. A private school license will not be issued unless the plans include a firm schedule for construction of facilities.

[Dep’t of Education, § 7.1, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.110 Facilities; compliance with Occupational Safety and Health Act; vehicles. (NRS 385.080, 394.221, 394.241)

1. The applicant shall submit documents certifying that the facilities have been inspected and meet the requirements of building codes, codes for the prevention of fire, and codes for safety, health and sanitation before a private school license will be issued or renewed.

2. The applicant shall submit evidence that he or she 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, before a private school license will be issued or renewed.

3. The applicant shall submit documents certifying that any vehicle for the transportation of pupils has been inspected by the Department of Motor Vehicles as to its condition, equipment and identification.

[Dep’t of Education, §§ 7.2-7.2.4, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99)

NAC 394.120 Inspection and approval of facilities and plans. (NRS 385.080, 394.221, 394.241) Facilities or plans must be inspected and approved by the Department for conformity with acceptable educational standards and specifications and for compliance with the provisions of this chapter before a private school license is issued.

[Dep’t of Education, § 7.3, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.130 Certificate of fire inspection; fire drills; insurance; applicability of requirements to rented or leased facilities. (NRS 385.080, 394.221, 394.241)

1. The applicant must:

(a) Provide a completed certificate of fire inspection by the appropriate fire authority.

(b) Describe procedures for fire drills and provide sample information to be posted in rooms.

(d) Maintain adequate insurance in force at all times covering buildings and equipment of the private school.

(e) Maintain a contract of insurance against loss arising from death, personal injury or damage to property in an amount not less than $1,000,000 for each occurrence.

2. The provisions contained in NAC 394.100 to 394.130, inclusive, apply to any facility which will be rented or leased by the applicant. The applicant must submit to the Department a copy of the rental agreement or lease and the name of the owner of the facility.

[Dep’t of Education, §§ 7.3-7.6, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R235-03, 8-4-2004)

NAC 394.140 Evidence of financial stability; audit; declaration of tax-exempt status. (NRS 385.080, 394.221, 394.241)

1. Applicants for an initial private school license or for renewal of a private school license shall submit a proposed budget showing estimated revenues and expenditures for each of the 2 years of operation authorized by the private school license to establish reasonable financial stability.

2. An applicant shall:

(a) Fully disclose to the Department all owners, directors, officers, shareholders, trustees and any other parties maintaining a financial interest in the private school, and the basis upon which the organization is legally constituted. An incorporated private school shall submit a certificate of authorization to do business from the Secretary of State and a copy of its articles of incorporation and bylaws. Any changes in the articles or bylaws must be reported to the Board.

(b) Submit a financial statement. A private school with an enrollment of at least 30 pupils but not more than 150 pupils shall have a certified public accountant or public accountant compile the statement. A private school with an enrollment of more than 150 pupils shall have a certified public accountant review the statement and sign it.

3. If circumstances reflect adversely on the financial stability of the private school, the Board may order that an audit be performed at the expense of the applicant.

4. Evidence of an official declaration of tax-exempt status by the Internal Revenue Service must be submitted with an application from a nonprofit organization.

[Dep’t of Education, §§ 8.1-8.1.2, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99)

NAC 394.150 Advertising. (NRS 385.080, 394.221, 394.241)

1. An applicant shall provide samples of proposed advertising.

2. A private school licensed by the Board shall not use the words “State Board of Education” in any outdoor advertising or on the building itself.

3. The words “licensed by the State Board of Education” or any other allusion to state licensing of the private school, if included in any brochure, stationery or printed advertisement of any nature, must be in print no larger than the smallest print used elsewhere in the material.

[Dep’t of Education, §§ 9.1-9.1.1, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.160 Criminal background checks for certain applicants and employees of applicants who do not hold a license; reputation and character of officers and staff. (NRS 385.080, 394.221, 394.241)

1. An applicant shall:

(a) Ensure that the applicant and each employee of the applicant who does not hold a teacher’s license or administrator’s license has undergone a criminal background check pursuant to 34 U.S.C. § 20962(b)(2) before beginning any activity at a private school; and

(b) Maintain the results of background checks for the applicant and his or her employees on file and provide those results to the Superintendent of Public Instruction upon request.

2. Any fees or costs associated with the criminal background check conducted pursuant to subsection 1, including, but not limited to, the cost of investigations by the Federal Bureau of Investigation, must be paid by the applicant or employee.

3. The applicant shall:

(a) Submit three local references attesting to the character and reputation of the owner or chair of the board of trustees of the private school.

(b) Notify the Department in writing of the conviction of an officer or member of the staff of the private school of any crime or felony involving moral turpitude which could affect relationships with pupils.

4. A private school shall not knowingly employ any person who has been convicted of a crime involving moral turpitude with a minor unless otherwise permitted by the Board.

[Dep’t of Education, § 10, eff. 6-19-76]—(NAC A by Bd. of Education, 9-13-85; R087-99, 9-27-99; R024-18, 6-26-2018)

NAC 394.170 Enrollment, entrance and dismissal. (NRS 385.080, 394.221, 394.241) The applicant shall:

1. State the policy and regulations of the private school on enrollment and entrance requirements. The policy and regulations must be clearly stated in all literature.

2. File with the Department a statement of assurance that students will be admitted to the private school without regard to race.

3. State the policy and regulations of the private school relating to student conduct or behavior and conditions for dismissal. Dismissal procedures must comply with requirements of due process of law.

[Dep’t of Education, §§ 11.1-11.3.1, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

NAC 394.180 Maintenance and operational standards; periodic reviews. (NRS 385.080, 394.221, 394.241) The provisions contained in NAC 394.010 to 394.180, inclusive, must also be used as maintenance and operational standards and criteria. Reviews will be conducted periodically to assure that the private school is maintained and operated in accordance with those sections.

[Dep’t of Education, eff. 6-19-76]—(NAC A by Bd. of Education by R087-99, 9-27-99)

Licensure of Schools Accredited by Northwest Accreditation Commission

NAC 394.200 Submission of certain documentation, information, statements and references. (NRS 385.080, 394.221, 394.241) An applicant shall submit to the Department, on a form prescribed by the Department:

1. Documentation sufficient to verify the accreditation of the private school by AdvancED or its successor organization, or any affiliate thereof.

2. A copy of the articles of incorporation for the private school, the bylaws for the private school or other documentation acceptable to the Department which sets forth the purpose of the private school.

3. Documentation which indicates that the facility occupied by the private school has been inspected and meets the requirements of applicable building codes, codes for the prevention of fire and codes pertaining to safety, health and sanitation.

4. Documentation which indicates that an owner or administrator of the private 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.

5. If the private school uses motor vehicles for the transportation of pupils, evidence of compliance with NRS 394.190.

6. Plans, blueprints or line drawings which describe in detail the facilities in which the private school will operate. “As-built” drawings must be submitted for existing facilities.

7. Evidence that a surety bond or certificate of deposit has been filed pursuant to NRS 394.271.

8. If the application is submitted by a nonprofit organization, evidence of an official declaration of tax-exempt status by the Internal Revenue Service.

9. The policies and regulations of the private school concerning the requirements for the enrollment and entrance of pupils, which must be clearly stated in the applicable literature.

10. A statement of assurance that pupils will be admitted to the private school without regard to race.

11. A statement of the policies and regulations of the private school relating to the conduct and behavior of pupils. Procedures for the dismissal of pupils must comply with the requirements of due process of law.

12. Three local references attesting to the character and reputation of the owner or chair of the board of trustees of the private school.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007; A by R024-18, 6-26-2018)

NAC 394.205 Submission of certain financial and organizational information. (NRS 385.080, 394.221, 394.241)

1. An applicant shall, to establish reasonable financial stability, submit a proposed budget showing estimated revenues and expenditures for each year under the term of the private school license.

2. An applicant shall:

(a) Fully disclose to the Department the name of each owner, director, officer, shareholder, trustee and any other person maintaining a financial interest in the private school, and the basis upon which the organization is legally constituted. An incorporated private school shall submit a certificate of authorization to do business from the Secretary of State and a copy of its articles of incorporation and bylaws. Any changes in the articles of incorporation or bylaws must be reported to the Board.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

NAC 394.210 Inspection and approval of facilities and plans. (NRS 385.080, 394.221, 394.241) Facilities in which a private school will operate or plans for such facilities must be inspected and approved by the Department for conformity with acceptable educational standards and specifications and for compliance with the provisions of this chapter before a private school license is issued.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

NAC 394.215 Calendars; school year; short school days. (NRS 385.080, 394.221, 394.241)

1. An applicant shall provide calendars showing legal holidays, beginning and ending dates of terms, and other important dates for each year under the term of the private school license. The school year must include at least 180 school days.

2. The board of directors of a private school, or upon written authority of the board of directors, the chief administrator of the private school, may schedule not more than 5 short school days in session per school year. Before using a short school day in session, the private school must have the written approval of the Superintendent of Public Instruction.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

NAC 394.220 Contents and distribution of catalog or brochure. (NRS 385.080, 394.221, 394.241)

1. An applicant shall provide a sample of the catalog or brochure of the private school which must contain at least the following information:

(a) The name and address of the private school;

(b) The names of the members of the governing body, the officials and the faculty of the private school, including, without limitation:

(1) The name of each administrator, supervisor or instructor licensed by the Department; and

(2) The name and a brief description of the qualifications of each administrator or instructor who is not licensed by the Department and who meets the alternative requirements set forth in subsection 1 or 2 of NAC 394.050;

(d) The philosophy of the private school;

(e) A brief description of proposed grades and programs;

(f) The daily schedule of classes of the private school and, if secondary education is provided, the number of credits which a pupil must earn;

(g) A description of all charges, the purpose for each charge, and the methods and time of payment;

(i) A clear statement of the policy of the private school on cancellations and refunds.

2. The applicant shall indicate the method the private school will use to distribute the approved catalog or brochure to parents and pupils before enrollment. The contents of the catalog or brochure must be incorporated in all agreements and contracts for enrollment.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

NAC 394.225 Criminal background checks for certain employees who do not hold a license; reports; conviction of crime. (NRS 385.080, 394.221, 394.241)

1. An applicant shall:

(a) Ensure that the applicant and each employee of the applicant who does not hold a teacher’s license or an administrator’s license has undergone a criminal background check pursuant to 34 U.S.C. § 20962(b)(2) before beginning any activity at the private school; and

(b) Maintain the results of the criminal background check on file and provide those results to the Superintendent of Public Instruction upon request.

2. Any fees or costs associated with the criminal background check required by subsection 1, including, without limitation, the cost of investigations by the Federal Bureau of Investigation, must be paid by the applicant or employee.

3. On or before October 15 of each year and whenever there is a change in the staff of the private school, a private school shall submit a report to the Department identifying the members of the staff who:

(a) Hold a teacher’s or an administrator’s license issued by the Department.

(b) Hold a teacher’s or an administrator’s license issued by another state or territory of the United States.

(d) Hold a master’s degree and have the experience described in subsection 1 or 2 of NAC 394.050.

4. A private school shall notify the Department in writing of the conviction of an officer or member of the staff of the private school of any crime or felony involving moral turpitude which could affect relationships with pupils.

5. A private school shall not knowingly employ any person who has been convicted of a crime involving moral turpitude with a minor unless otherwise permitted by the Board.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007; A by R024-18, 6-26-2018)

NAC 394.230 Advertising. (NRS 385.080, 394.221, 394.241)

1. An applicant shall provide samples of proposed advertising.

2. A private school licensed by the Board shall not use the words “State Board of Education” in any outdoor advertising or on the building itself.

3. The words “licensed by the State Board of Education” or any other allusion to state licensing of the private school, if included in any brochure, stationery or printed advertisement of any nature, must be in print not larger than the smallest print used elsewhere in the material.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

NAC 394.235 Application for renewal: Plan for use in responding to crisis. (NRS 385.080, 394.221, 394.241) If an application is for renewal of a private school license, the applicant shall submit a copy of its plan for use in responding to a crisis developed in accordance with NRS 394.168 to 394.1699, inclusive, if that plan was revised during the immediately preceding term of the private school license.

(Added to NAC by Bd. of Education by R061-07, eff. 10-31-2007)

Immunization Against Disease

NAC 394.250 Mumps, hepatitis A, hepatitis B, varicella, Bordetella pertussis and Neisseria meningitidis. (NRS 394.192, 439.200, 441A.120)

1. The State Board of Health hereby declares the diseases of:

(a) Mumps;

(b) Hepatitis A;

(d) Varicella;

(e) Bordetella pertussis if a child is 6 years of age or older; and

(f) Neisseria meningitidis,

Ê to be communicable diseases.

2. Unless excused because of religious belief or medical condition, a child may not be enrolled in a private school in this State unless the child has been immunized against the mumps.

3. Except as otherwise provided in subsection 7, unless excused because of religious belief or medical condition, a child may not be enrolled in a private school in this State:

(a) After June 30, 2002, unless the child has been immunized against hepatitis A and hepatitis B; and

(b) After June 30, 2003, unless the child has been immunized against varicella.

4. Unless excused because of religious belief or medical condition, a child may not be enrolled in grade 7 in a private school in this State after June 30, 2008, unless the child has been immunized against Bordetella pertussis. To satisfy the requirements of this subsection, a child must receive at least one dose of a vaccine against Bordetella pertussis after he or she obtained 10 years of age.

5. Except as otherwise provided in subsection 7, unless excused because of religious belief or medical condition, a child may not be enrolled in grade 7 in a private school in this State after June 30, 2017, unless the child has been immunized against Neisseria meningitidis after he or she obtained 10 years of age.

6. Unless excused because of religious belief or medical condition, a child may not be enrolled in grade 12 in a private school in this State after June 30, 2022, unless the child has received at least one dose of a vaccine protecting against Neisseria meningitidis after he or she obtained 16 years of age.

7. The provisions of:

(a) Paragraph (a) of subsection 3 do not apply to a child who is enrolled in a private school in this State before July 1, 2002.

(b) Paragraph (b) of subsection 3 do not apply to a child who is enrolled in a private school in this State before July 1, 2003.

(Added to NAC by Bd. of Health, eff. 6-30-88; A by R075-01, 10-23-2001; R099-07, 10-31-2007; R052-16, 11-2-2016; R046-20, 12-29-2020)—(Substituted in revision for NAC 394.190)

NAC 394.255 Exemption if prohibited by religious belief: Requirements for written statement. (NRS 394.192, 439.200, 441A.120) The written statement required pursuant to NRS 394.193 must be submitted to the governing body of a private school in which a child who has not been immunized pursuant to NRS 394.192 has been accepted for enrollment:

1. Annually, according to the annual enrollment schedule of the private school; and

2. On a form provided by the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NAC by Bd. of Health by R046-20, eff. 12-29-2020)

NAC 394.260 Exemption if prevented by medical condition: Requirements for written statement. (NRS 394.192, 439.200, 441A.120) The written statement required pursuant to NRS 394.194 must be submitted to the governing body of a private school in which a child who has a medical condition that will not permit the child to be immunized to the extent required by NRS 394.192 has been accepted for enrollment on a form provided by the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NAC by Bd. of Health by R046-20, eff. 12-29-2020)

NAC 394.265 Audit of medical exemptions. (NRS 394.192, 439.200, 441A.120) A local health officer may conduct an audit of medical exemptions granted pursuant to NRS 394.194 in the jurisdiction of the local health officer if:

1. The reported immunization rate of a private school falls below 95 percent;

2. A private school fails to report immunization data annually pursuant to NRS 394.192;

3. The rate of medical exemptions granted by a private school is higher than the average rate of medical exemptions granted by public schools in this State, as determined by the Division of Public and Behavioral Health of the Department of Health and Human Services or from data available from the National Immunization Surveys conducted by the Centers for Disease Control and Prevention, or if such a survey or organization ceases to exist, an equivalent federal source; or

4. The local health officer determines such an audit is necessary to protect public health on a case-by-case basis.

(Added to NAC by Bd. of Health by R046-20, eff. 12-29-2020)

PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS

General Provisions

NAC 394.300 Definitions. (NRS 394.411) As used in NAC 394.300 to 394.685, inclusive, unless the context otherwise requires, the words and terms defined in NAC 394.306 to 394.353, inclusive, and NRS 394.006 to 394.112, inclusive, have the meanings ascribed to them in those sections.

[Comm’n on Postsecondary Educ., § 1.100, eff. 2-28-80]—(NAC A 6-23-86; 4-2-90; 9-1-93; 1-23-96; R026-00, 4-3-2000; R042-11, 5-30-2012)

NAC 394.306 “Credit” defined. (NRS 394.411) “Credit” means the numerical value assigned to the progress of a student in an educational program by a method of measuring the program that is defined by the institution.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 4-2-90)

NAC 394.310 “Degree-granting institution” defined. (NRS 394.411) “Degree-granting institution” means an institution which awards or grants the associate, bachelors, masters, doctorate or any other degree above the associate degree as determined by the Commission.

[Comm’n on Postsecondary Educ., § 1.120, eff. 2-28-80]

NAC 394.315 “Direct supervision” defined. (NRS 394.411) “Direct supervision” means the course instructor is in the immediate location of the student or class and is readily available to give assistance or direction.

[Comm’n on Postsecondary Educ., § 1.130, eff. 2-28-80]

NAC 394.316 “Distance education” defined. (NRS 394.411) “Distance education” means education, training, courses or programs that are delivered to a student who is geographically separate from the instructor.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.317 “Educational unit” defined. (NRS 394.411) “Educational unit” means a component of a training program, including, without limitation, a course, subject, topic, module or block.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.319 “Hour of instruction” defined. (NRS 394.411) “Hour of instruction” means not less than 50 minutes nor more than 60 minutes of instruction.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 4-2-90)

NAC 394.323 “Institution” defined. (NRS 394.411) “Institution” means a postsecondary educational institution.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 6-23-86)

NAC 394.330 “Licensed institution” defined. (NRS 394.411) “Licensed institution” means a postsecondary educational institution which has been licensed by the Commission.

[Comm’n on Postsecondary Educ., § 1.160, eff. 2-28-80]

NAC 394.335 “Licensing” defined. (NRS 394.411) “Licensing” means the evaluation of an educational institution by a state regulatory agency to assure adherence to minimal standards as set by law and regulation.

[Comm’n on Postsecondary Educ., § 1.170, eff. 2-28-80]

NAC 394.353 “Transcript” defined. (NRS 394.411) “Transcript” means a document containing the permanent record of the education of a specified student including, without limitation:

1. A record of the student’s progress by completion of learning objectives or by grade;

2. Inclusive dates of attendance;

3. Date of graduation; and

4. Final grades, when applicable.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 9-1-93)

NAC 394.358 Submission of materials for consideration by the Commission. (NRS 394.411) Except as otherwise provided in NRS 394.455, all materials pertaining to any matter to be considered for action by the Commission at a regularly scheduled meeting must be delivered to the Commission 60 days before the meeting. The materials must be delivered to the office of the Commission or mailed to the office and postmarked on or before that date.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 2-5-82; A 6-23-86; 4-2-90; 9-1-93; R026-00, 4-3-2000)

Licensing

NAC 394.365 Determination that a person is required to be licensed. (NRS 394.411)

1. If the Administrator determines that a person is required to be licensed, the Administrator shall notify the person, by certified mail, of every reason that a license is required. If the person required to be licensed believes that the findings of the Administrator are in error, the person may appeal the decision to the Commission for a hearing at its next meeting. The request for such an appeal must be sent by certified mail and received by the Administrator at least 60 days before the next meeting of the Commission.

2. If the Commission determines that the person is required to be licensed:

(a) The Administrator shall notify the person by certified mail, of the reasons for the determination; and

(b) The person must submit an application for a license and receive approval from the Commission before enrolling any new student.

[Comm’n on Postsecondary Educ., §§ 2.100-2.115, eff. 2-28-80]—(NAC A 6-23-86; R026-00, 4-3-2000)

NAC 394.375 Applicability of regulations to institutions approved for the training of veterans. (NRS 394.411) Any institution licensed by or under the jurisdiction of an agency of government which seeks approval to offer training to veterans or which has been approved for the training of veterans is subject to the regulations of the Commission, if the agency of government has no criteria, or where the criteria are less stringent than that of the Commission. The regulations of the Commission apply to contested cases concerning approval of programs for the training of veterans. Regulations of the United States Department of Veterans Affairs may supersede the Commission’s regulations and policies when applied to institutions approved for the training of veterans.

[Comm’n on Postsecondary Educ., §§ 8.810 & 8.815, eff. 2-28-80]—(NAC A by R026-00, 4-3-2000)

NAC 394.381 Provisional licenses: Submission of application. (NRS 394.411, 394.421, 394.441, 394.445, 394.450, 394.460, 394.480) A person who wishes to obtain a provisional license to operate a private postsecondary educational institution must submit to the Administrator an application that includes, without limitation:

1. A description of each program of instruction leading to an academic, professional or vocational goal that the applicant intends to offer. The description must include, without limitation:

(a) The overall organization of the program;

(b) The objective the program is intended to meet;

(c) Each educational unit of the program, including its measurable learning objectives, the hours of instruction, the number of credits and the procedure for evaluating attainment of the objectives;

(d) Proof of compliance with the requirements of NAC 394.521 for each educational unit of the program that is to be offered using distance education;

(e) The basic textbooks and instructional equipment to be used in the program;

(f) A brief description of the qualifications of the instructors in the program; and

(g) A copy of the certificate of completion or diploma to be awarded upon completion of or graduation from the program of instruction. A certificate of completion or diploma must include, or provide spaces to include, without limitation:

(1) The title of the program;

(2) The date of completion of the program; and

(3) Unless completion of the program entitles a student to receive an academic degree, the minimum number of hours of instruction or credits required for the completion of the program.

2. A certified financial statement that provides evidence of the applicant’s financial stability. The financial statement must:

(a) Be prepared not more than 12 months before the date of the application;

(b) Be audited or reviewed by a certified public accountant; and

(1) A statement of the source of all investment capital received by the applicant;

(2) A statement of the disposition of the investment capital, identified by the recipient and amount received, purpose of expenditure or use, balance, if any, and place of deposit;

(3) A current inventory of the assets received, identified by the source and amount received, and the purpose of expenditure or use;

(4) A statement of liabilities as of the date of the application, including accounts payable, loans and notes payable, and any other financial obligations of the applicant; and

(5) A statement of obligations attendant to land purchase agreements, land sales contracts, lease agreements on land and similar contracts involving the acquisition of books, equipment, buildings and furnishings for buildings.

3. An affidavit or power of attorney to the Commission or its staff to substantiate the specific information contained in the financial statement submitted by the applicant.

4. A proposed budget for all operations of the institution by the applicant during its first 12 months of operation. The proposed budget must include, without limitation:

(a) Cash on hand at the beginning of the year;

(b) Anticipated income for the year, identified by source and amount;

(d) Anticipated expenditures, including, without limitation:

(1) A list of all administrative personnel by name, position and proposed compensation, including, without limitation, the amount of each person’s salary and the value of any living quarters, automobile allowance and other consideration to be furnished to the person by the applicant;

(2) An estimate of the aggregate amount of money to be expended for salaries for instructional personnel and a statement that sets forth the total number of instructional personnel actually under contract or anticipated to be under contract;

(3) An estimate of the amount of money to be expended for textbooks, library services and other expenses of instruction; and

(4) A list of proposed expenditures by category for:

(I) Facilities;

(II) Equipment and maintenance;

(III) Supplies;

(IV) Books, other than textbooks;

(V) Services for students;

(VI) Services for the community;

(VII) Advertising;

(VIII) Transportation; and

(IX) Insurance.

5. A copy of the contract or enrollment agreement to be used by the applicant which includes, or provides spaces to include, without limitation:

(a) The name of the institution to be operated by the applicant, its address and telephone number;

(b) The name of the student, his or her address and telephone number;

(d) The effective date of the catalog under which the student is enrolled;

(e) The policy of the applicant on granting credit for previous training or experience and, if granted, the provisions for reductions in the cost or length of the program or course;

(f) A statement printed in bold type stating that the person signing the contract or enrollment agreement has received, read and understood the document, has received the catalog of the applicant and understands that the catalog is part of the contract or enrollment agreement; and

(g) If the student is enrolled in a program that does not entitle the student to receive an academic degree:

(1) The minimum number of hours of instruction or credits of each course in the program and the date upon which each course begins;

(2) The schedule of payments and total cost of each course; and

(3) A disclaimer by the applicant, printed in bold type, stating that placement in a job is not guaranteed or promised to persons who complete the program.

6. A copy of the catalog or brochure to be provided to students. In addition to the information required by NRS 394.441, the catalog or brochure must include, without limitation:

(a) Information to identify the catalog or brochure, including the date the publication is effective;

(b) The name of the applicant and its governing body, officials and faculty;

(c) A calendar showing business hours, legal holidays, beginning and ending dates of each established term or course of study, and other important dates;

(d) The policy and regulations of the applicant concerning enrollment, including requirements for admission and specific requirements for entrance into each course and any deadlines for enrollment;

(e) The policy and regulations of the applicant concerning the standards of progress required of a student by the applicant, including, without limitation:

(1) A definition of the grading system of the applicant and the minimum grade considered satisfactory;

(2) A statement of the conditions for interruption of the program of a student for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the applicant; and

(3) A statement of the conditions of readmission for those students dismissed for unsatisfactory progress;

(f) The policy and regulations of the applicant concerning leave, absences, a class missed without an excuse, makeup work, tardiness and interruptions for unsatisfactory attendance;

(g) The policy and regulations of the applicant concerning the discipline of students and conditions for dismissal for unsatisfactory conduct;

(h) The policy and regulations of the applicant concerning any charges if a student does not enter the course, withdraws or is discontinued from the course;

(i) A description of the available space, facilities and equipment;

(j) The policy and regulations of the applicant concerning granting credit for previous education and training;

(k) A detailed description of the extent and nature of any service or assistance in the placement of its graduates which the applicant represents that it provides; and

(l) A statement describing the status of the applicant’s license and accreditation.

7. Plans, blueprints or line drawings which describe in detail the facilities in which the applicant will operate.

8. A copy of any lease or contract for the use of a facility in which the applicant will conduct instruction or store records. The lease or contract must be signed by both parties and set forth the terms and conditions for the use of the facility.

9. A statement signed by the owner or an appropriate officer of the applicant stating that enrollment in the institution operated by the applicant is open to all persons who meet entrance requirements, regardless of age, race, color, religion, national origin, disability, sex, sexual orientation, or gender identity or expression. The statement must be notarized.

10. If the applicant will operate the institution under an assumed or fictitious name, a certified copy of the certificate filed by the applicant pursuant to NRS 602.010, with the county clerk of each county in which the institution will be operated under that name.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.386 Provisional licenses: Review by Administrator; action by Commission; issuance by Administrator; automatic termination of license granted contingent upon certain requirements. (NRS 394.411, 394.460)

1. Upon receipt of an application for a provisional license submitted pursuant to NAC 394.381, the Administrator shall review the application and:

(a) If the application is complete, place the application on the agenda for the first regular meeting of the Commission that is scheduled to be held 60 days or more after the receipt of the application; or

(b) If the application is incomplete, notify the applicant of each deficiency. The Administrator may place an incomplete application on the agenda for a regular meeting of the Commission that is scheduled to be held 60 days or more after the receipt of the application if the Administrator determines that the deficiency in the application is minor or its resolution is a matter of routine.

2. Not less than 10 days before the meeting of the Commission at which an application for a provisional license is to be considered, the Administrator shall provide notice to the applicant. The notice must include, without limitation:

(a) The date, time and place of the meeting; and

(b) The number of copies of the application and any supporting documentation that the applicant must provide to the Commission before the meeting.

3. An applicant or a qualified representative of the applicant must attend the meeting of the Commission at which the application is to be considered to respond to any inquiries of the members of the Commission regarding the application. If the applicant or qualified representative fails to attend the meeting, further consideration or action on the application will be postponed until a subsequent meeting.

4. Following its consideration of an application for a provisional license, the Commission will:

(a) Grant a provisional license to the applicant;

(b) If the applicant has not satisfied all requirements for licensure, grant a provisional license to the applicant that is contingent upon the satisfaction of certain requirements;

(d) Deny licensure.

5. If the Commission grants a provisional license to an applicant:

(a) Pursuant to paragraph (a) of subsection 4, the Administrator shall issue the provisional license as soon as practicable after it is granted; or

(b) Pursuant to paragraph (b) of subsection 4, the Administrator shall issue the provisional license as soon as practicable after the Administrator determines that the applicant has satisfied all contingent requirements.

Ê A provisional license granted by the Commission becomes effective on the date that it is issued by the Administrator. An applicant shall not conduct operations pursuant to a provisional license before its issuance.

6. The grant of a provisional license that, pursuant to paragraph (b) of subsection 4, is contingent upon the satisfaction of certain requirements terminates automatically 6 months after the date on which the provisional license is granted unless the applicant has satisfied the contingent requirements and the Administrator has issued the provisional license. If, following the termination of the grant of a provisional license pursuant to this subsection, the applicant wishes to obtain a provisional license, the applicant must submit a new application.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.391 Renewal of license. (NRS 394.411, 394.445, 394.460) A licensee who wishes to apply for the renewal of a license must submit to the Administrator an application that includes, without limitation:

1. A statement which verifies each program of instruction offered by the licensee and which includes, without limitation:

(a) The title of the program;

(b) The length of the program in hours of instruction or credit hours;

(d) The name of the academic instructor responsible for the program.

2. A copy of the licensee’s current catalog or brochure.

3. A description of each program of instruction for which there has been a substantial change since the immediately preceding grant or renewal of the license.

4. Verification of the financial stability of the applicant. The verification must have been prepared within the 12 months immediately preceding the date on which the license expires and be in the form of:

(a) A financial statement reviewed or audited by a certified public accountant;

(b) A financial statement prepared according to generally accepted accounting principles; or

5. An affidavit or power of attorney to the Commission or its staff to substantiate the specific information contained in the verification of the financial stability of the applicant submitted pursuant to subsection 4.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.396 Request for approval of change in ownership of licensed institution. (NRS 394.411, 394.445, 394.460, 394.480) An applicant for approval of a change in the ownership of a licensed institution must:

1. Except as otherwise provided in this subsection, submit to the Administrator an application that includes all the information required to apply for a provisional license pursuant to NAC 394.381. The applicant is not required to include in the application any information concerning the licensed institution which is on file with the Commission and which is current and will not change as a result of the change in ownership.

2. File with the Administrator a surety bond that is effective as of the date of the change in ownership. The bond must be in the amount determined by the Commission pursuant to NRS 394.480.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.435 Form for submission of applications. (NRS 394.411, 394.460) All applications must be typed and submitted to the Administrator on forms provided by the Administrator.

[Comm’n on Postsecondary Educ., §§ 8.410-8.425, eff. 2-28-80]—(NAC A by R026-00, 4-3-2000; R042-11, 5-30-2012)

NAC 394.445 Provisional licenses: Compliance with standards; extension; on-site review of institution before expiration; action by Commission. (NRS 394.411, 394.460)

1. An institution that operates pursuant to a provisional license must, during the term of the provisional license specified by the Commission, demonstrate its ability to comply with the provisions of NRS 394.383 to 394.670, inclusive, and NAC 394.300 to 394.685, inclusive.

2. If students are not enrolled within the term of the provisional license, an additional period may be requested in writing by the institution.

3. The Administrator shall conduct an on-site review of the institution at least 30 days before the expiration of the provisional license and file with the Commission a report of the review and the Administrator’s recommendation concerning the licensure of the institution.

4. At a regularly scheduled meeting of the Commission at which the termination of a provisional license is considered, the Commission will:

(a) Extend the provisional license, if the institution has substantially met the required standards and the Commission considers any deficiencies to be minor;

(b) Terminate the provisional license, if the Commission determines that the institution is unable to meet required standards; or

[Comm’n on Postsecondary Educ., §§ 8.525 & 8.530, eff. 2-28-80]—(NAC A 6-23-86; 4-2-90; R042-11, 5-30-2012)

NAC 394.453 Display of license. (NRS 394.411, 394.421) An institution which is licensed by the Commission must post its current license in a conspicuous place so that it is visible to students and the general public.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 2-5-82)

NAC 394.460 Agent’s permit. (NRS 394.411, 394.470)

1. No person representing a private postsecondary institution located in Nevada or operating from a place of business in this State may, except within the premises of that school, solicit or sell any course for a consideration or remuneration in Nevada unless he or she first secures a permit from the Commission.

2. No person representing a private postsecondary institution located outside Nevada may solicit or sell any course in Nevada unless he or she first secures a permit from the Commission.

[Comm’n on Postsecondary Educ., §§ 9.110-9.120, eff. 2-28-80]—(NAC A 6-23-86)

Personnel

NAC 394.480 Submission of evidence regarding full-time director and academic directors. (NRS 394.411, 394.421)

1. Each institution shall submit to the Commission evidence that it has a full-time director who:

(a) Resides in this State;

(b) Demonstrates knowledge of this chapter and chapter 394 of NRS;

(d) For an institution that:

(1) Grants degrees, has at least 2 years experience in an administrative position in an accredited institution of higher education.

(2) Does not grant degrees, has at least 2 years of managerial experience or at least 2 years of managerial experience and training.

Ê The evidence submitted to the Commission must include the name and qualifications of each person who is employed pursuant to this subsection.

2. Each institution shall submit to the Commission evidence that it has, for each program authorized by the Commission, an academic director who is:

(a) Responsible for the development, accuracy and applicability of the program; and

(b) Qualified pursuant to NAC 394.485 to provide instruction in the program.

Ê The evidence submitted to the Commission must include the name and qualifications of each person who is employed pursuant to this subsection.

[Comm’n on Postsecondary Educ., §§ 5.110, 5.150 & 5.510, eff. 2-28-80]—(NAC A 6-23-86; R026-00, 4-3-2000)

NAC 394.485 Instructors. (NRS 394.411, 394.421)

1. In a degree-granting institution:

(a) Each undergraduate course must be taught by an instructor who possesses a bachelor’s degree from an accredited university or college in a field related to the subject matter that the instructor is assigned to teach.

(b) Each master level course must be taught by an instructor who possesses a master’s degree from an accredited university or college in a field related to the subject matter that the instructor is assigned to teach.

(c) Each doctorate level course must be taught by an instructor who possesses a doctorate degree from an accredited university or college in a field related to the subject matter that the instructor is assigned to teach.

2. In an institution that does not grant a degree or that offers technical courses at the associate level, each course must be taught by an instructor who:

(a) Holds a valid and appropriate teaching license issued by the Department of Education;

(b) Teaches in that field in the Nevada System of Higher Education or another degree-granting institution; or

(c) Has a high school diploma or the equivalent and 2 years of verified work or teaching experience in the subject to be taught.

3. Each institution shall maintain at least one of the following records to verify that each instructor is qualified to teach the course assigned to the instructor:

(a) Official transcripts used by the instructor to establish his or her qualifications.

(b) A description of the previous employment of the instructor that:

(1) Sets forth the actual duties performed by the instructor during his or her employment;

(2) Indicates the duration of employment; and

(3) Is signed by the previous employer.

(c) An affidavit in which the employee swears that an employer is not able to be contacted and that the description of the employment and its duration are true.

(d) A copy of a teaching license issued by the Department of Education.

(e) Tax records or an affidavit clearly showing self-employment in the field and education necessary to instruct that portion of the course to which he or she is assigned.

4. Each institution shall ensure that a substitute instructor is provided if the regular instructor for a course is unable to complete the scheduled training. The substitute instructor must possess the same qualifications required of the regular instructor pursuant to this section.

[Comm’n on Postsecondary Educ., §§ 5.210, 5.220 & 5.610, eff. 2-28-80]—(NAC A 11-28-83; 6-23-86; 4-2-90; R026-00, 4-3-2000; R042-11, 5-30-2012)

NAC 394.495 Chair of the graduate committee. (NRS 394.411, 394.421) The chair of the graduate committee for any student seeking an advanced degree must possess, as a minimum, a degree from an accredited institution which is at the same level as the degree which the student is seeking.

[Comm’n on Postsecondary Educ., § 5.250, eff. 2-28-80]—(NAC A 6-23-86)

Instruction

NAC 394.520 Minimum credits required for degrees. (NRS 394.411, 394.421) A degree-granting institution shall require:

1. At least 60 semester or 90 quarter credits to grant an associate degree;

2. At least 120 semester or 180 quarter credits to grant a bachelor’s degree;

3. At least 30 semester or 45 quarter credits beyond the bachelor’s degree to grant a master’s degree; and

4. At least 70 semester or 105 quarter credits beyond the bachelor’s degree to grant a doctorate.

[Comm’n on Postsecondary Educ., § 8.220, eff. 2-28-80]—(NAC A 4-2-90)

NAC 394.521 Requirements for offering distance education. (NRS 394.411, 394.421)

1. An institution may offer an educational unit using distance education if the:

(a) Subject matter of the educational unit is appropriate for delivery by distance;

(b) Institution uses equipment and technology that is adequate to deliver the subject matter by distance;

(d) Institution develops a process for the instructor to monitor, throughout the period of instruction, whether a student has attained the objectives of the educational unit;

(e) Institution provides instructors who are qualified to use the equipment and technology that delivers the distance education; and

(f) Institution has developed adequate safeguards for testing that ensure the integrity of the tests and assessments, including, without limitation:

(1) A positive means of identification that ensures the student who is enrolled in the distance education actually participates in the distance education;

(2) If the institution uses proctors, a controlled process by which proctors for the tests are selected, trained and monitored;

(3) A verifiable process to maintain the confidentiality of the test materials; and

(4) A process for the periodic review and evaluation of the safeguards for testing.

2. An institution that offers distance education shall provide proof to the Commission that it has complied with the requirements of this section.

(Added to NAC by Comm’n on Postsecondary Educ. by R026-00, eff. 4-3-2000; A by R042-11, 5-30-2012)

NAC 394.523 Gaming. (NRS 394.411, 394.421)

1. An applicant for approval of a program of instruction in gaming must include with the application proof that the proposed curriculum:

(a) Provides instruction that is adequate for employment in casinos as determined by the State Gaming Control Board; and

(b) Limits lecturing or classroom instruction to not more than 50 percent of the program.

2. The Commission will not approve a program of instruction in gaming that is to be delivered using distance education.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

NAC 394.526 Massage. (NRS 394.411, 394.421, 640C.320)

1. An applicant for approval of a program of instruction in massage must include with the application proof that:

(a) The program satisfies the requirements established by the Board of Massage Therapy pursuant to NRS 640C.580, and any regulations adopted pursuant thereto, to be recognized as a program of massage therapy by the Board.

(b) The policies of the applicant prohibit the applicant from:

(1) Enrolling a student who is less than 18 years of age;

(2) Issuing educational credentials to any person who is less than 18 years of age; and

(3) Allowing a student to enroll in an advanced program of instruction in massage unless the student submits proof that he or she has:

(I) Successfully completed a basic program of instruction in massage; or

(II) At least 2 consecutive years of experience in the practice of massage.

(1) The performance of practice massage is included in the program of instruction;

(2) The student performs the practice massage under the direct supervision of an instructor:

(I) On the premises of the applicant;

(II) At a public event; or

(III) In a licensed medical facility; and

(3) If the practice massage is performed on a person other than a student or member of the staff of the applicant:

(I) The student has successfully completed approved courses of instruction in anatomy and physiology, massage therapy, hygiene and first aid, law and ethics, and at least 25 hours of actual massage training on other students or members of the staff of the applicant;

(II) The student is readily identifiable as a student to the person;

(III) Before the student performs the practice massage, the applicant obtains a written statement signed by the person acknowledging that he or she knows that the massage is to be performed by a student; and

(IV) The applicant has obtained adequate liability insurance for the term of its license.

2. The Commission will not approve a program of instruction in massage that is to be delivered using distance education.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012; A by Bd. of Massage Therapy by R128-20, 9-28-2022)

NAC 394.529 Request for approval to add new program of instruction. (NRS 394.411, 394.421) Except as otherwise provided in this section, a licensed institution that wishes to obtain the approval of the Commission to add a new program of instruction must submit to the Administrator an application that includes all the information required to apply for a provisional license pursuant to NAC 394.381. The applicant is not required to include in the application any information concerning the licensed institution which is on file with the Commission and which is current and will not change as a result of the addition of the new program of instruction.

(Added to NAC by Comm’n on Postsecondary Educ. by R042-11, eff. 5-30-2012)

Operation

NAC 394.545 Use of terms “college” and “university”: Application for authorization. (NRS 394.411, 394.625) A postsecondary educational institution desiring to use the term “college” or “university” must apply to the Commission on forms supplied by the Commission.

[Comm’n on Postsecondary Educ., § 8.115, eff. 2-28-80]

NAC 394.555 Accreditation or transferability of credits required; affidavit verifying transferability; use of terms. (NRS 394.411, 394.625)

1. An institution which:

(a) Desires to use the term “college” or “university”;

(b) Desires to use a term which implies it is a college or university; or

Ê must be accredited to offer the degree, or at least 75 percent of its courses leading to the degree must be transferable credit for credit acceptable to at least two accredited institutions toward a comparable degree in those institutions.

2. If an institution listed in subsection 1 is not accredited, it must execute with two accredited institutions an affidavit signed by the parties specifying which courses offered by the institution will be accepted toward degrees in the accredited institution. If the institution changes ownership, renews the license, or adds a program leading to a degree, each affidavit must be reaffirmed by the parties.

3. No institution whose license to operate is initially issued on or after July 1, 1979, may use the term “college” in its name if it does not at least offer associates’ degrees under a program approved by the Commission.

4. The Commission will authorize use of the term “college” by any sectarian institution which does not award or grant degrees for the education or training of its own membership and does not advertise or promote this education or training as leading toward an educational credential.

5. No institution whose license to operate is initially issued on or after July 1, 1979, may use the term “university” in its name if it does not at least offer bachelors’ degrees under a program approved by the Commission.

[Comm’n on Postsecondary Educ., §§ 8.150 & 8.155, eff. 2-28-80; A 8-21-81; + § 8.160, eff. 2-28-80]—(NAC A 11-28-83; 6-23-86; R042-11, 5-30-2012)

NAC 394.585 Advertising of authorization to operate. (NRS 394.411, 394.421)

1. Upon being authorized to operate, a school may use in its advertising the terms: “licensed to operate by the Commission on Postsecondary Education,” “licensed by the CPE” or “licensed in Nevada by the CPE.” No other terms, statements or expressions are authorized. The official seal of the Commission may only be used or authorized by the Commission. Licensing does not constitute authorization for use of the seal.

2. The lettering of any term stated in subsection 1 may not be larger than 4 inches in height when used on the exterior of a school building or signboard. The lettering of those terms in written advertisements must be no larger than the smallest type used in the advertisement.

[Comm’n on Postsecondary Educ., § 7.010, eff. 2-28-80]

NAC 394.590 Promotional materials: Prohibitions. (NRS 394.411, 394.421)

1. The promotional materials of an institution must not:

(a) Use any name, label or insigne which is likely to be misleading or deceptive with respect to the true nature and operation of the institution.

(b) Use a name or other description to indicate falsely that it is a part of a state or the Federal Government.

(c) Represent that it is an employment agency or authorized training facility for another industry so as to conceal the fact that it is an institution.

(d) Falsely represent that any of its programs are accredited.

(e) Represent that students completing a course or program of instruction may transfer credit to an accredited institution of higher education unless the institution can document that the credit is transferable.

(f) Misrepresent the size, reputation, location, facilities or equipment of the institution through the use of photographs, illustrations, written or oral descriptions, or any other depictions.

(g) Use quantitative superlatives, such as biggest, largest, or highest placement rate in its advertising unless the terms are qualified in the advertisement itself and the institution has, in its possession, evidence to support its claim.

(h) Misrepresent the nature or effectiveness of any course, equipment or methods of training.

(i) Misrepresent the qualifications, training or experience of its faculty or personnel.

(j) Falsely represent that it will provide or arrange for full- or part-time employment while the student is undergoing instruction.

(k) Falsely represent that only those who make an acceptable grade or complete successfully a certain test will be admitted.

(l) Falsely represent that applications for enrollment will be considered for only a limited period of time or that they must be submitted by a certain date.

(m) Solicit students by means of listings under captions, such as “wanted to train for ....,” “help wanted,” “employment” or “business opportunities,” or by words or terms of similar import which represent directly or by implication that employment is being offered.

(n) Fail to include the full name and address of the institution and disclose the fact that it is an institution if it is not apparent from its name.

(o) Falsely represent that a course or courses may be taken for a specified price, or at a saving, or at a reduced price, or otherwise deceive students or prospective students with respect to the cost of a course or any equipment, books or supplies associated with the course.

(p) Falsely represent that it owns, operates, supervises or has access to a dormitory, eating or other living accommodations.

(q) Represent that a student who attends the institution can expect a certain level of compensation in his or her future career or employment.

(r) If the institution operates solely as a correspondence school, distance education school or home study school, fail to include a clear and conspicuous disclosure in immediate conjunction with its trade or business name which discloses that it is a correspondence school, distance education school or home study school, as applicable.

2. For the purposes of this section, the term “promotional materials” includes documents for advertising, soliciting or public information, such as:

(a) Advertisements for newspaper, radio and television;

(b) Broadcasting or public address announcements;

(d) Announcements on bulletin boards and variety advertisers;

(e) Telephone directories; and

(f) The Internet, web pages and electronic bulletin boards.

[Comm’n on Postsecondary Educ., §§ 7.100 & 7.105, eff. 2-28-80]—(NAC A 6-23-86; R026-00, 4-3-2000)

NAC 394.600 Approval of advertisements. (NRS 394.411, 394.421, 394.445) Any advertising through any medium which cannot be changed or deleted within a 7-day period, including, but not limited to, classified telephone directory or national advertising, must be approved by the Administrator before it is printed. The full copy of the advertisement must be submitted in writing or in an electronic or other format approved by the Administrator.

[Comm’n on Postsecondary Educ., § 7.130, eff. 2-28-80]—(NAC A by R042-11, 5-30-2012)

NAC 394.607 Requirements for entrance. (NRS 394.411, 394.421)

1. Each institution must have requirements for entrance which reasonably ensure that a student who enrolls in the program is capable of completing the program and benefiting from it.

2. If an institution requires a high school diploma as part of the entrance requirements, the diploma must be issued by a school which is recognized by a governmental agency regulating education in the location where the diploma was issued.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 6-23-86)

NAC 394.610 Enrollment agreements and contracts. (NRS 394.411, 394.421, 394.441, 394.520)

1. Upon acceptance of his or her enrollment in an institution, each student must receive a copy of the enrollment agreement or contract signed by the student or his or her guardian and by a representative of the institution.

2. An institution that wishes to change an enrollment agreement or contract with a student without incurring liability pursuant to NRS 394.520 for a substantial failure to furnish the instruction or services agreed upon must:

(a) Offer the student a fair chance to complete the same program or another program with a demonstrated possibility of placement equal to or higher than the possibility of placement of the program in which the student is enrolled within approximately the same period at no additional cost; or

(b) Obtain the student’s written agreement to the specified changes and a statement that the student is not being coerced or forced into accepting the changes.

[Comm’n on Postsecondary Educ., § 7.205, eff. 2-28-80]—(NAC A 6-23-86; 4-2-90; R042-11, 5-30-2012)

NAC 394.632 Collection and posting of information: “Average compensation” and “graduate” interpreted. (NRS 394.411, 394.421, 394.441) As used in NRS 394.441, the Commission interprets:

1. The term “average compensation” to mean any reasonable and consistent method of describing compensation sufficient to enable a prospective student to make an informed decision concerning enrollment.

2. The term “graduate” to include a person who successfully completes the educational program of an institution or attends more than 75 percent of the program.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 4-2-90)

NAC 394.640 Student’s records: Contents; maintenance; inspection. (NRS 394.411, 394.421, 394.441)

1. An institution’s records concerning a student must include the following verified information:

(a) A completed and signed copy of the contract or agreement of enrollment.

(b) A record of all payments made by the student to the institution and all refunds made by the institution to the student, including evidence that the student received receipts for the payments.

(d) Copies of all correspondence with the student pertinent to his or her education.

(e) A list of the appointments made by the institution to assist the student to find employment, if applicable.

(f) Evidence that the student met the requirements for entrance to the institution.

(g) Evidence that a student receiving an associate’s or bachelor’s degree has passed an examination upon the constitutions.

2. The student’s complete record must be retained for 5 years after the end of the student’s training or his or her withdrawal or dismissal from the institution. After 5 years, only the file required by subsection 3 must be maintained for each student.

3. In addition to the files maintained pursuant to subsections 1 and 2, each licensed institution shall establish a separate file for each student who enrolls in the institution which contains only the transcript of the student. These files must be maintained in alphabetical order separate from all other files.

4. The records described in this section must be kept in this State and made available for inspection by the Administrator during the institution’s regular business hours unless, for good cause shown, the Commission provides otherwise.

[Comm’n on Postsecondary Educ., §§ 7.510-7.540, eff. 2-28-80]—(NAC A 11-28-83; 6-23-86; 9-1-93)

NAC 394.645 Retention of student’s materials and equipment. (NRS 394.411, 394.421) Any materials or equipment purchased by the student as part of the regular cost of a course are considered paid as part of the student’s obligation to the school and are not to be returned to the school except where the cost of the materials or equipment exceeds 50 percent of the cost of the course or where the student sells them back to the school at cost.

[Comm’n on Postsecondary Educ., § 7.625, eff. 2-28-80]—(NAC A 6-23-86)

NAC 394.652 Account for Student Indemnification: Duties of Administrator upon closure of institution; arrangement for students to attend alternate institution; refunds. (NRS 394.411, 394.553)

1. Upon notification of the closure of a licensed institution in which students are currently enrolled, the Administrator shall take reasonable steps to:

(a) Notify each student that he or she may be entitled to a refund from the Account;

(b) Obtain records relating to enrollment, academic progress, and payments of money for tuition and other fees for each student; and

2. If the Administrator arranges for students to receive education at an alternate licensed institution pursuant to paragraph (c) of subsection 1:

(a) Money from the Account may not be used by the Administrator to pay for the alternate education.

(b) A student may, but is not required to, attend the alternate licensed institution.

3. A student is not eligible for a refund from the Account if:

(a) A reasonable arrangement has been made for the student to attend an alternate licensed institution;

(b) The student has completed at least a majority of the academic requirements of the program agreed upon in the enrollment agreement; or

(c) The student does not notify the Administrator within 1 year after the official date of closure of the licensed institution that he or she wishes to be considered for a refund.

4. The Commission will review applications for refunds at regularly scheduled meetings of the Commission.

5. Refunds must be made to the person or entity who paid the tuition and other fees to the licensed institution, as documented by receipts or other documents available to the Administrator.

6. As used in this section, “Account” means the Account for Student Indemnification created by NRS 394.553.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 1-23-96)

NAC 394.670 Enforcement of provisions. (NRS 394.411, 394.510)

1. Except as otherwise provided in subsection 2, if an institution violates a provision of NRS 394.383 to 394.670, inclusive, or NAC 394.300 to 394.685, inclusive, that the Administrator reasonably believes would:

(a) Adversely affect the health, safety or financial welfare of a student, the Administrator shall immediately suspend further enrollment of students.

(b) Not adversely affect the health, safety or financial welfare of a student, the Administrator shall notify the institution by certified mail that it must correct the violations within 30 days. If the institution does not comply, the Administrator will suspend further enrollment of students. If the violation is not resolved to the satisfaction of the Administrator within 30 days after the suspension of enrollments, action to fine the institution, revoke the license of the institution or a combination of both actions will be instituted.

2. The Administrator shall impose an administrative fine of $250 if an institution does not submit the annual report required by NRS 394.443 or pay the fees required by NRS 394.540 or 394.557 within 15 calendar days after the report or fees are due.

[Comm’n on Postsecondary Educ., §§ 7.910-7.920, eff. 2-28-80]—(NAC A 6-23-86; 4-2-90; 1-23-96; R042-11, 5-30-2012)

NAC 394.675 Liquidation of claims against bonds. (NRS 394.411, 394.480) After receipt of a verified claim and supporting evidence by the bonding company from the Commission, liquidation of a claim must be effected within 60 days.

[Comm’n on Postsecondary Educ., § 6.500, eff. 2-28-80]

NAC 394.685 Employees subject to investigation: Termination or continuation of employment. (NRS 394.411)

1. If an institution employs a person in violation of NRS 394.465, the Administrator shall order the institution to terminate immediately the employment of that person.

2. If the Administrator receives evidence that a person employed by an institution who is subject to the provisions of NRS 394.465 may have been convicted of a felony or crime involving moral turpitude, the Administrator shall request from the employee verification of the conviction and an explanation. If the employee verifies the conviction, the Administrator shall direct the employee to:

(a) Notify the institution of the conviction; and

(b) Request the institution to submit to the Administrator a request for continued employment of the employee accompanied by a letter of support for continued employment.

3. If the Administrator receives a request for continued employment pursuant to subsection 2 and the conviction of the employee on whose behalf the request is made occurred within the immediately preceding 10 years, the Commission will consider the request for continued employment at its next regularly scheduled meeting during a closed session of that meeting. The Commission will vote upon the request during an open meeting.

4. If the Administrator receives a request for continued employment pursuant to subsection 2 and the conviction of the employee on whose behalf the request is made occurred more than 10 years before the date on which the request is received, the Administrator shall approve or disapprove of the request for continued employment. If the Administrator denies a request, the institution may request a hearing before the Commission.

(Added to NAC by Comm’n on Postsecondary Educ., eff. 6-23-86; A 12-17-87; 4-2-90; R104-03, 12-4-2003)

ALCOHOLIC BEVERAGE AWARENESS PROGRAMS

NAC 394.700 Definitions. (NRS 394.411) As used in NAC 394.700 to 394.730, inclusive, unless the context otherwise requires, the words and terms defined in NAC 394.705 and 394.710 have the meanings ascribed to them in those sections.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005; A by R042-11, 5-30-2012)

NAC 394.705 “Alcoholic beverage awareness program” defined. (NRS 394.411) “Alcoholic beverage awareness program” has the meaning ascribed to it in NRS 369.610.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005)

NAC 394.710 “Certified program” defined. (NRS 394.411) “Certified program” means an alcoholic beverage awareness program that is certified by the Administrator pursuant to NAC 394.715.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005)

NAC 394.715 Requirements for certification of program. (NRS 369.625, 394.411)

1. An applicant for certification of an alcoholic beverage awareness program pursuant to NRS 369.625 must submit to the Administrator:

(a) Evidence satisfactory to the Administrator that each instructor for the program is competent and qualified to provide instruction in the curriculum of the program; and

(b) A complete copy of the curriculum for the program, which must include, without limitation:

(1) One hour in the clinical effects of alcohol on the human body;

(2) Thirty minutes in the methods of identifying intoxicated persons;

(3) Thirty minutes in the methods of discontinuing the service of alcoholic beverages to persons who are identified as intoxicated;

(4) Thirty minutes in the applicable state and local laws concerning the selling and serving of alcoholic beverages;

(5) Thirty minutes in the methods of preventing and halting fights, acts of affray and other disturbances of the peace;

(6) Thirty minutes in the methods of preventing:

(I) The entry of minors into establishments in which minors are prohibited from loitering pursuant to NRS 202.030;

(II) The purchase, consumption and possession of alcoholic beverages by minors as prohibited by NRS 202.020, including, without limitation, the recognition of altered or falsified forms of identification; and

(III) The selling and furnishing of alcoholic beverages to minors as prohibited by NRS 202.055; and

(7) A comprehensive closed-book final examination that contains questions on the subject matter identified in subparagraphs (1) to (6), inclusive.

Ê In addition to the requirements of this paragraph, the curriculum for a program may include any other information pertinent to alcoholic beverage awareness.

2. In addition to the requirements of subsection 1, if an alcoholic beverage awareness program will be offered through distance education, the applicant must submit to the Administrator evidence satisfactory to the Administrator that:

(a) The program complies with NAC 394.521; and

(b) The examination required by subparagraph (7) of paragraph (b) of subsection 1 is proctored by the provider of the program or otherwise proctored by a person or entity approved by the Administrator.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005; A by R042-11, 5-30-2012)

NAC 394.725 Provider of certified program: Prohibition of certain activities. (NRS 369.625, 394.411) A provider of a certified program shall prohibit:

1. An enrollee in the program from attending if the enrollee is intoxicated; and

2. The consumption of alcoholic beverages on the premises where the program is offered.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005)

NAC 394.730 Alcohol education card: Requirements for and record of issuance; form and contents. (NRS 369.625, 394.411)

1. A provider of a certified program shall issue an alcohol education card to each person who successfully completes the program. Successful completion of the program includes, without limitation, receiving a raw score of 75 percent on the final examination in each subject matter that is identified in subparagraphs (1) to (6), inclusive, of paragraph (b) of subsection 1 of NAC 394.715.

2. Each alcohol education card issued as part of a certified program must:

(a) Be in a format prescribed by the Administrator;

(b) Consist entirely of plastic or a similar material that is difficult to duplicate or alter; and

(1) The name of the person to whom the card is issued;

(2) The name of the provider of the certified program;

(3) A unique identification number;

(4) The date of issuance; and

(5) The date of expiration.

3. Each provider of a certified program shall maintain a list of persons to whom a card is issued pursuant to this section.

(Added to NAC by Comm’n on Postsecondary Educ. by R134-05, eff. 11-17-2005)