[Rev. 6/29/2024 3:57:16 PM--2023]
CHAPTER 396 - NEVADA SYSTEM OF HIGHER EDUCATION
GENERAL PROVISIONS
NRS 396.005 Definitions.
NRS 396.010 Seat of University; extension instruction, research and service activities conducted throughout State.
NRS 396.020 Legal and corporate name of University; name and composition of System.
BOARD OF REGENTS
NRS 396.031 Definitions.
NRS 396.035 Attachment of omitted area to appropriate district; certification and filing of attachment.
NRS 396.040 Number of Regents; election from certain districts; residency requirements. [Effective through January 1, 2029.]
NRS 396.040 Number of Regents; election from certain districts; residency requirements. [Effective January 2, 2029.]
NRS 396.0411 Maps of districts: Duties of Director of Legislative Counsel Bureau.
NRS 396.0413 Maps of districts: Duties of Secretary of State.
NRS 396.0414 Use of population counts revised by State Demographer for apportionment of districts.
NRS 396.0415 District 1. [Repealed.]
NRS 396.0425 District 2. [Repealed.]
NRS 396.043 District 3. [Repealed.]
NRS 396.0435 District 4. [Repealed.]
NRS 396.044 District 5. [Repealed.]
NRS 396.0445 District 6. [Repealed.]
NRS 396.045 District 7. [Repealed.]
NRS 396.0451 District 8. [Repealed.]
NRS 396.0453 District 9. [Repealed.]
NRS 396.0455 District 10. [Repealed.]
NRS 396.0456 District 11. [Repealed.]
NRS 396.0457 District 12. [Repealed.]
NRS 396.046 District 13. [Repealed.]
NRS 396.047 Adoption of Board of Regents districts.
NRS 396.050 Oaths.
NRS 396.060 Vacancies.
NRS 396.070 Salaries and expenses of Regents; restrictions on account to pay for hosting expenditures of Regent; annual report and availability of hosting expenditures.
NRS 396.080 Chair of Board.
NRS 396.090 Secretary of Board: Employment; duties.
NRS 396.100 Meetings; records open to public inspection.
NRS 396.110 Rules of Board.
NRS 396.120 Copy of minutes of Regents’ meetings transmitted to Governor.
NRS 396.121 Annual report concerning equity in workplace.
NRS 396.1215 Agreement with medical facility for medical education or health education.
NRS 396.1217 Board of Regents authorized to enter into agreement to provide certain services to facilitate family involvement in early childhood education; contents.
NRS 396.1219 Agreement to assist in implementation of Teacher Academy College Pathway Program; regulations to establish program to identify and inform pupils who wish to apply for admission to Program.
NRS 396.122 Interest in certain contracts prohibited.
POWER-BASED VIOLENCE
NRS 396.125 Definitions.
NRS 396.126 “Complainant” defined.
NRS 396.127 “Dating violence” defined.
NRS 396.128 “Domestic violence” defined.
NRS 396.1285 “Power-based violence” defined.
NRS 396.129 “Reporting party” defined.
NRS 396.131 “Respondent” defined.
NRS 396.132 “Sexual assault” defined.
NRS 396.133 “Sexual harassment” defined.
NRS 396.134 “Sexual misconduct” defined. [Repealed.]
NRS 396.135 “Stalking” defined.
NRS 396.136 “Student” defined.
NRS 396.137 “Supportive measures” defined.
NRS 396.138 “Trauma-informed response” defined.
NRS 396.141 Task Force on Power-Based Violence at Institutions of Higher Education: Creation; members; meetings.
NRS 396.1415 Task Force on Power-Based Violence at Institutions of Higher Education: Duties.
NRS 396.142 Climate survey on power-based violence: Development; contents; provision to Task Force on Power-Based Violence at Institutions of Higher Education.
NRS 396.1425 Climate survey on power-based violence: Biennial administration; contents; waiver.
NRS 396.143 Climate survey on power-based violence: Duties of Board of Regents.
NRS 396.144 Requirements relating to grievance process.
NRS 396.145 Policy on power-based violence: Contents; opportunity for comment; public availability.
NRS 396.146 Policy on power-based violence: Required provisions.
NRS 396.147 Memorandum of understanding with organization that assists persons involved in power-based violence.
NRS 396.148 Designation of advocate.
NRS 396.149 Duties and powers of advocate; notice; conflict of interest.
NRS 396.151 Prohibition against disciplinary proceeding or sanction in certain circumstances; review of connection between incident of power-based violence and other misconduct.
NRS 396.152 Required training.
NRS 396.153 Programming on awareness and prevention of power-based violence.
NRS 396.154 Determination of responsibility based on preponderance of evidence.
NRS 396.155 Request to keep identity confidential or take no investigative or disciplinary action; duties of institution.
NRS 396.156 Investigation of incident of power-based violence; periodic updates; notice of findings; disciplinary action.
NRS 396.157 No-contact directive.
NRS 396.158 Person who experiences power-based violence: Request for waiver of certain requirements; request for leave of absence or extended benefits of employment.
NRS 396.159 Annual report.
NRS 396.1595 Regulations.
PERSONNEL
NRS 396.210 Chancellor: Appointment and qualifications.
NRS 396.220 Salary of Chancellor.
NRS 396.230 Duties of Chancellor and other officers.
NRS 396.240 Reports of Chancellor and other officers.
NRS 396.251 Establishment of policies and procedures for certain personnel.
NRS 396.255 Establishment of procedures governing contracts that faculty members and employees may enter into or benefit from.
NRS 396.260 Employment of alien instructor or professor through program of exchange.
NRS 396.270 Official oath for instructor and professor.
NRS 396.280 Salaries of academic staff.
NRS 396.290 Retirement benefits for employees of System.
NRS 396.300 Rules for reports of officers and teachers.
NRS 396.311 Community College: System of probation for professional employees.
NRS 396.315 Community College: System for dismissal of professional employees.
NRS 396.320 Grounds for dismissal or removal of certain personnel.
DISCIPLINARY HEARINGS
NRS 396.323 Powers of Regents and other officers to issue subpoenas; enforcement.
NRS 396.324 Person with communications disability entitled to use of registered community interpreter at hearing.
POLICE DEPARTMENT; REVIEW OF POLICE MISCONDUCT
NRS 396.325 Creation; interlocal agreements with other law enforcement agencies.
NRS 396.327 Police required to wear badges.
NRS 396.328 Provision of crash reports and related materials upon receipt of reasonable fee; exceptions.
NRS 396.3291 Campus review board: Creation authorized to review allegations of misconduct by peace officers of the Police Department; membership; conditions for membership; payment of per diem and travel expenses.
NRS 396.3293 Campus review board: Limitation on jurisdiction; abridgement of rights of peace officer prohibited.
NRS 396.3295 Panel of campus review board: Membership; authority to refer complaint and review internal investigation concerning peace officer; Police Department required to provide personnel information; notice and opportunity for hearing on internal investigation; report of findings; proceedings closed to public; findings and recommendations are public records.
NRS 396.3297 Panel of campus review board: Authority to administer oaths, take testimony, issue subpoenas and issue commissions to take testimony; enforcement of subpoena by court.
FINANCES
NRS 396.330 Acceptance of grants of land.
NRS 396.340 Acceptance of federal appropriations and grants; annual report.
NRS 396.350 Irreducible University Fund.
NRS 396.360 Contingent University Fund.
NRS 396.370 Appropriations for support and maintenance of System.
NRS 396.380 Receipt and disbursement of money by Board of Regents; control of expenditures.
NRS 396.381 Board of Regents authorized to delegate authority to sign contract for obligations not issued under University Securities Law; approval by Board of Regents; authorized investment of proceeds.
NRS 396.383 Accounts Payable Revolving Fund.
NRS 396.384 Collegiate License Plate Account.
NRS 396.385 Use of facsimile signature by chief business officer; conditions.
NRS 396.390 Claims: Procedure and payment.
NRS 396.395 Establishment of electronic payment system for academic staff and employees; waiver of participation in payment system.
NRS 396.400 Public inspection of accounts.
UNIVERSITY FOUNDATIONS
NRS 396.405 Meetings; records; exemption from certain taxes; governing body; nondisclosure of contributors.
PROPERTY; CAPITAL IMPROVEMENTS; EQUIPMENT; MATERIALS AND SUPPLIES
NRS 396.420 Acceptance of property.
NRS 396.425 Purchase of real property.
NRS 396.430 Sale and lease of property; use of proceeds.
NRS 396.431 Disclosure required for sale, lease, transfer, conveyance or exchange of land with domestic or foreign limited-liability company.
NRS 396.432 Disposition of unclaimed property.
NRS 396.433 Fidelity and other insurance.
NRS 396.435 Regulations governing traffic on System’s property; publication; filing; penalty.
NRS 396.436 Maintenance and delivery of records and controls for inventory.
NRS 396.4365 Maintenance and availability of material safety data sheet for hazardous materials used on buildings or grounds of campus.
NRS 396.437 Recycling of paper, paper products, electronic waste and other recyclable materials; regulations and procedures; exception; deposit of money received.
NRS 396.438 Disposal of electronic waste.
PROGRAMS OF INSTRUCTION, RESEARCH AND CLINICAL SERVICES
NRS 396.440 Course of study, terms and vacations.
NRS 396.500 Instruction in United States Constitution and Nevada’s Constitution; examination.
NRS 396.504 Regents encouraged to examine and audit efficiency and educational opportunities, review mission and parity among institutions and implement certain measures; annual report to Legislature.
NRS 396.505 Comprehensive plan for new programs and expansions of existing programs of instruction, public service and research; presentation of revised plan to Legislature.
NRS 396.509 Establishment of statewide standards for awarding credit for military education, training or occupational experience; applicability of credit towards degree or certificate.
NRS 396.514 Instruction in essentials of green building construction and design.
NRS 396.515 Instruction in ecology and environmental protection; inclusion in program for education of teachers.
NRS 396.516 Uniform course of study and policies and procedures on teaching American Sign Language.
NRS 396.517 Program to educate and train persons for work in nursing home.
NRS 396.518 Development of curriculum and standards for degree in dental hygiene or public health dental hygiene.
NRS 396.5185 Eligibility for grant to establish Nevada Institute on Teaching and Educator Preparation; authorization to accept money, property or services and support participating student; application to establish Institute.
NRS 396.519 Program of student teaching and practicum.
NRS 396.5195 Cooperation of Regents to ensure program designed to educate teachers includes instruction in academic standards required in high school.
NRS 396.5198 Course of study for obtaining endorsement to teach financial literacy: Personal finance portfolio or transition plan; application for Teach Nevada Scholarship to offset costs.
NRS 396.5199 Training in computer literacy and computer science required for person studying to become teacher.
NRS 396.521 Genetics program: Establishment.
NRS 396.523 Genetics program: Provision of services.
NRS 396.524 Genetics program: Eligibility; determination of ability to pay.
NRS 396.525 Genetics program: Confidentiality of records and information; exceptions.
NRS 396.526 Genetics program: Qualifications of personnel; exemption.
NRS 396.527 Genetics program: Powers of Board of Regents.
NRS 396.528 Energy efficiency and renewable energy: Programs of study; joint venture with public and private entities authorized; acceptance of gifts and grants.
NRS 396.529 Energy efficiency and renewable energy: Programs designed to improve ability of students in certain fields of study to serve renewable energy industry in this State.
NRS 396.5295 Energy efficiency and renewable energy: Duties of Nevada Renewable Energy Integration and Development Consortium of the System.
STUDENTS; TUITION; GRADUATION; DIPLOMAS AND TRANSCRIPTS
NRS 396.530 Discrimination in admission prohibited.
NRS 396.5305 Certain high school courses in computer science to meet certain prerequisites for college; approval of computer science course.
NRS 396.531 Report concerning academic programs, completion of degree and certificate programs and employment within field of study; submission to Legislature.
NRS 396.532 Report concerning participation of ethnic and racial minorities, women and other protected classes in System; submission to Legislature; availability to general public.
NRS 396.533 Access to all library facilities within System.
NRS 396.535 Form required for informed consent of students concerning release or disclosure of personally identifiable information.
NRS 396.540 Charges for tuition; exemptions; prohibition against denial of exemptions to certain students.
NRS 396.542 Regents authorized to adjust tuition, registration and other fees based upon demand or costs; establishment of program for scholarships and reduced fees for economically disadvantaged students; annual report to Legislature.
NRS 396.543 Reciprocal agreement with another state for full or partial waiver of tuition.
NRS 396.544 Waiver of fees for members of Nevada National Guard; assignment to spouse or child; eligibility for waiver; verification of membership in Guard; reimbursement upon failure of recruit to enter Guard.
NRS 396.5442 Waiver of fees for child, widow or widower of person killed while performing duties as member of Nevada National Guard; eligibility; verification of membership in Guard.
NRS 396.5443 Waiver of fees for veteran of Armed Forces who has been awarded Purple Heart or child of such veteran; amount; eligibility; authorization to grant more favorable waiver; limitation on certain uses of waiver.
NRS 396.5445 Waiver of fees for spouse or child of member of Armed Forces who is identified as prisoner of war or missing in action; eligibility; verification of status.
NRS 396.5446 Waiver of not less than half of fees for veteran enrolled in certain graduate degree programs; eligibility.
NRS 396.5447 Authority of Board of Regents to defray cost of granting waivers of fees to veterans enrolled in certain graduate degree programs.
NRS 396.5448 Waiver of fees for homeless or unaccompanied pupil; eligibility; verification of status.
NRS 396.5449 Waiver of fees for certain students who are Native American; eligibility; verification of status.
NRS 396.54495 Report on waiver of fees for certain students who are Native American.
NRS 396.545 Payment of fees and expenses of dependent child of public safety officer killed in line of duty or any other public employee who was killed in performance of duties; Trust Account for the Education of Dependent Children; annual estimation of money in and payments from Account; request for allocation to cover shortfall.
NRS 396.5453 Annual report concerning students who are veterans; contents.
NRS 396.5455 Preference in admission to nursing programs for certain veterans.
NRS 396.5457 Preference in admission to teacher education programs for certain veterans.
NRS 396.546 Access to electronic version of instructional materials to students with print access disability.
NRS 396.5465 Inclusion of mental health resources on student identification card.
NRS 396.547 Student government: Establishment; approval of bylaws; fees.
NRS 396.5475 Written policy for student publications.
NRS 396.548 Provision of information to board of trustees of school districts regarding remedial instruction.
NRS 396.550 Time and standards of graduation.
NRS 396.560 Diploma of graduation; determination of completion of full course of study required for diploma.
NRS 396.568 Automatic transfer of credits earned at community college toward degree at state college or university; appeal by student if credit denied.
NRS 396.580 Diploma for course of study not equivalent to regular course.
NRS 396.585 Satisfactory progress toward obtaining degree required to participate as member of varsity athletic team.
NRS 396.587 Establishment of policies and procedures governing access to transcripts for certain students.
NRS 396.591 Medical insurance for members of athletic teams.
LIAISON FOR POST-SECONDARY EDUCATION FOR HOMELESS PUPILS
NRS 396.5913 Definitions.
NRS 396.5916 “Homeless pupil” defined.
NRS 396.592 “Liaison” defined.
NRS 396.5923 “Unaccompanied pupil” defined.
NRS 396.5926 Creation of office; appointment; term; unclassified service; qualifications; removal.
NRS 396.593 Authority to perform certain functions.
NRS 396.5935 Gifts, grants and donations; creation and administration of Account for the Liaison for Post-Secondary Education for Homeless Pupils.
NRS 396.594 Duties.
STATE CLIMATOLOGIST
NRS 396.595 Creation of Office; employment, qualifications and duties.
NRS 396.597 System may provide space for office and supplies; other employment allowed.
PUBLIC SERVICE DIVISION
In General
NRS 396.600 Composition.
NRS 396.610 Rules and regulations.
Bureau of Mines and Geology
NRS 396.620 Analyses of ores, minerals, soil and water: Submission of samples by residents of this State; fee; maintenance of records and samples.
NRS 396.630 Assay to be run when same material sent from same district.
NRS 396.640 Analyses of samples in order received.
NRS 396.650 Limitations on number of samples and quantitative analyses.
NRS 396.660 Purpose and applicability of NRS 396.620 to 396.660, inclusive.
Agricultural Extension
NRS 396.690 Acceptance of federal appropriations for agricultural extension work.
Agricultural Experiment Station
NRS 396.740 Purposes.
NRS 396.750 Director; assistants.
NRS 396.760 Acceptance of federal acts.
NRS 396.770 Acceptance of federal money.
NRS 396.780 Biennial reports.
NRS 396.790 Agricultural research: Nevada Agricultural Experiment Station Fund.
CENTER FOR THE ANALYSIS OF CRIME STATISTICS
NRS 396.792 Establishment; acceptance and use of gifts and grants.
BEHAVIORAL HEALTH WORKFORCE DEVELOPMENT CENTER OF NEVADA
NRS 396.793 Definitions.
NRS 396.7931 “Behavioral health region” defined.
NRS 396.7932 “Center” defined.
NRS 396.7933 “Provider of behavioral health care” defined.
NRS 396.7934 Establishment; purpose; composition; operational support.
NRS 396.7935 Duties.
NRS 396.7936 Additional duties.
NRS 396.7937 Powers of Board of Regents.
NRS 396.7938 Center to compile and submit annual report concerning executed and planned activities.
DESERT RESEARCH INSTITUTE
NRS 396.795 Establishment.
NRS 396.7951 Purposes.
NRS 396.7952 Powers of Board of Regents.
NRS 396.7953 Procedures and policies for personnel.
NRS 396.7954 Deposit of money received on behalf of Institute.
NRS 396.7955 Fiscal policies and procedures.
NRS 396.7956 Research concerning use of solar energy as source of power.
ETHICS INSTITUTE
NRS 396.797 Establishment.
NRS 396.7971 Powers of Institute.
NRS 396.7972 Powers of Board of Regents.
NRS 396.7973 Procedures and policies for personnel.
NRS 396.7974 Deposit of money received on behalf of Institute.
NRS 396.7975 Fiscal policies and procedures.
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF UNIVERSITY OF NEVADA, RENO
NRS 396.7992 Formation of nonprofit corporation: Powers of Board of Regents.
NRS 396.7993 System and Board of Regents not obligated to acquire property from nonprofit corporation.
NRS 396.7994 Status of nonprofit corporation on formation.
NRS 396.7995 Limitations on activities of nonprofit corporation.
NRS 396.7996 Activities of nonprofit corporation public in nature.
NRS 396.7997 Income of nonprofit corporation.
NRS 396.7998 Beneficial interest of System and Board of Regents in nonprofit corporation.
NRS 396.7999 Approval of corporate acts by System.
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF UNIVERSITY OF NEVADA, LAS VEGAS
NRS 396.801 Formation of nonprofit corporation: Powers of Board of Regents.
NRS 396.802 System and Board of Regents not obligated to acquire property from nonprofit corporation.
NRS 396.803 Status of nonprofit corporation on formation.
NRS 396.804 Limitations on activities of nonprofit corporation.
NRS 396.805 Activities of nonprofit corporation public in nature.
NRS 396.806 Income of nonprofit corporation.
NRS 396.807 Beneficial interest of System and Board of Regents in nonprofit corporation.
NRS 396.808 Approval of corporate acts by System.
UNIVERSITY SECURITIES LAW
NRS 396.809 Short title.
NRS 396.810 Purpose; supplemental nature.
NRS 396.811 Definitions.
NRS 396.812 “Acquisition” and “acquire” defined.
NRS 396.813 “Board” defined.
NRS 396.814 “Chair” and “Chair of the Board” defined.
NRS 396.8145 “Chancellor of the University” defined.
NRS 396.815 “Commercial bank” defined.
NRS 396.816 “Cost of any project” defined.
NRS 396.8163 “Disposal” and “dispose” defined.
NRS 396.8167 “Equip” and “equipment” defined.
NRS 396.817 “Facilities” defined.
NRS 396.818 “Federal Government” defined.
NRS 396.819 “Federal securities” defined.
NRS 396.820 “Gross revenues” and “gross pledged revenues” defined.
NRS 396.821 “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto,” “hereunder,” “heretofore” and “hereafter” defined.
NRS 396.822 “Holder” defined.
NRS 396.823 “Improvement” and “improve” defined.
NRS 396.824 “Net revenues” and “net pledged revenues” defined.
NRS 396.825 “Operation and maintenance expenses” defined.
NRS 396.826 “Operation and maintenance expenses”: Exclusions from definition.
NRS 396.828 “Pledged revenues” defined.
NRS 396.829 “Pledged revenues”: Exclusions from definition.
NRS 396.831 “Project” defined.
NRS 396.832 “Secretary of the Board” defined.
NRS 396.833 “Securities” defined.
NRS 396.834 “State” defined.
NRS 396.835 “Treasurer of the University” defined.
NRS 396.836 “Trust bank” defined.
NRS 396.837 “United States” defined.
NRS 396.838 “University” defined.
NRS 396.839 Bonds and other securities are special obligations payable solely out of net pledged revenues.
NRS 396.8395 Revenues which may be included as pledged revenues.
NRS 396.840 Proposed securities: Sufficiency of revenues; earnings test; estimates and adjustments.
NRS 396.841 Payment of securities not to be secured by encumbrance, mortgage or pledge of property; exception.
NRS 396.842 Recourse against individual Regents: Acceptance of securities constitutes waiver and release.
NRS 396.843 Bonds and other securities not obligations of or enforceable against State; restrictions on pledges, assignments and encumbrances.
NRS 396.844 Faith of State pledged against repeal, amendment or modification of University Securities Law.
NRS 396.845 Power of University or Regents to become obligated and issue securities for project; other powers.
NRS 396.8455 Board of Regents authorized to delegate its authority to sign contract for purchase of securities or to accept bid for securities; certain terms of securities must be approved by Board of Regents.
NRS 396.846 Types of securities which may be issued; series.
NRS 396.847 Notes and warrants: Maturity; extension or funding.
NRS 396.848 Temporary bonds: Conditions, terms and provisions; holder’s rights and remedies.
NRS 396.849 Resolution authorizing issuance of securities: Description of purposes.
NRS 396.8495 Resolution authorizing issuance of securities may fix rate of interest; Board of Regents authorized to enter into agreement for assurance of payment in connection with securities; exemption from limitation on rates of interest.
NRS 396.850 Details of securities provided by resolution.
NRS 396.851 Recital in securities conclusive evidence of validity and regularity of issuance.
NRS 396.852 Denomination, negotiability and maturity of securities; interest and interest coupons.
NRS 396.853 Execution, signing, countersigning and authentication of securities and coupons; facsimile signature.
NRS 396.854 Redemption before maturity.
NRS 396.855 Repurchase of bonds and other securities.
NRS 396.856 Use of money received from issuance of securities.
NRS 396.857 Disposition of unexpended balance after completion of project.
NRS 396.858 Validity of securities not dependent on proceedings relating to project or completion of purpose; purchasers not responsible for application of proceeds.
NRS 396.859 Special funds and accounts: Creation; purposes.
NRS 396.860 Employment of legal and other expert services; contracts for sale and other purposes.
NRS 396.861 Investment and reinvestment of revenues and proceeds of securities in federal securities.
NRS 396.8615 Investment and reinvestment of pledged revenues and proceeds of securities issued in investment contract collateralized with securities issued by Federal Government.
NRS 396.862 Covenants and other provisions in bonds and other securities.
NRS 396.8625 Agreements in connection with securities: Exchange of interest rates; payment of interest at fixed rate or variable rate; terms; exemption from limitation on rates of interest; payments from pledged revenues authorized.
NRS 396.863 Pledged revenues received or credited subject to immediate lien; priority and validity of lien.
NRS 396.864 Rights and powers of holders of securities and trustees.
NRS 396.865 Receivers: Appointment; powers and duties.
NRS 396.866 Rights and remedies cumulative.
NRS 396.867 Failure of holder to proceed does not relieve University and its officers, agents and employees of liability for nonperformance of duties.
NRS 396.868 Interim debentures: Maturity; use of proceeds; issuance.
NRS 396.869 Interim debentures: Security for payment.
NRS 396.870 Interim debentures: Extension and funding.
NRS 396.871 Interim debentures: Funding by reissuance of bonds pledged as collateral security; issuance of other bonds.
NRS 396.872 Refunding of securities payable from pledged revenues: Resolution; trust indenture; limitations on call for prior redemption; exchange of outstanding securities held by State or its agencies; outstanding securities evidencing long-term loans.
NRS 396.873 Refunding bonds: Exchange for outstanding bonds or federal securities; public or private sale.
NRS 396.874 Conditions for refunding bonds.
NRS 396.875 Refunding bonds: Disposition of proceeds, accrued interest and premium; costs; escrow; trusts.
NRS 396.876 Proceeds of refunding bonds in escrow or trust: Investment; security; sufficient amount; purchaser not responsible for application of proceeds.
NRS 396.877 Refunding bonds payable from pledged revenues.
NRS 396.878 Issuance of bonds separately or in combination.
NRS 396.879 Other statutory provisions applicable to refunding bonds.
NRS 396.880 Conclusive determination of Board of Regents that statutory limitations have been met.
NRS 396.881 Bonds and other securities exempt from taxation; exception.
NRS 396.882 Bonds and other securities legal investments for state money.
NRS 396.883 Legal investments for other persons.
NRS 396.884 Sufficiency of NRS 396.809 to 396.885, inclusive.
NRS 396.885 Liberal construction.
PROGRAM TO PROVIDE LOANS TO NURSING STUDENTS
NRS 396.890 Administration by Board of Regents; eligibility for loans; terms and repayment of loans; delinquency charges.
NRS 396.891 Limitations on amount of loans; distribution of loans among campuses of System.
NRS 396.892 Repayment of loans; exceptions; regulations.
NRS 396.893 Board of Regents may require cosigner or security for loan.
NRS 396.894 Board of Regents may require repayment of balance of loan under certain circumstances.
NRS 396.895 Recipient of loan required to comply with regulations adopted by Board of Regents; penalties.
NRS 396.896 Extension of period for repayment of loan: Application; approval by Board of Regents.
NRS 396.897 Credit towards repayment of loan for certain professional services provided without compensation.
NRS 396.898 Powers of Board of Regents.
HEALTH SERVICES IN UNDERSERVED AREAS
NRS 396.899 Nevada Health Service Corps: “Practitioner” defined.
NRS 396.900 Nevada Health Service Corps: Establishment by Board of Regents authorized.
NRS 396.901 Nevada Health Service Corps: Primary purposes.
NRS 396.902 Nevada Health Service Corps: Powers of University of Nevada School of Medicine.
NRS 396.903 Nevada Health Service Corps: Program for repayment of loans on behalf of certain practitioners.
NRS 396.905 Use of money by the University of Nevada School of Medicine for development of obstetrical access program.
NRS 396.906 Nevada Office of Rural Health: Establishment; duties; use of gifts and other money.
NRS 396.907 Area Health Education Center Program: Establishment; duties; use of gifts and other money.
NRS 396.908 Medical Education Council of Nevada: Establishment; duties; use of gifts and other money.
THE GOVERNOR GUINN MILLENNIUM SCHOLARSHIP PROGRAM
NRS 396.911 Legislative declaration.
NRS 396.914 Definitions.
NRS 396.916 “Eligible institution” defined.
NRS 396.917 “Memorial Scholarship” defined.
NRS 396.918 “Millennium Scholarship” defined.
NRS 396.922 “Trust Fund” defined.
NRS 396.926 Creation of Program; Millennium Scholarship Trust Fund; deposit and investment of money in Fund; administration by Treasurer; use of money in Fund.
NRS 396.930 Eligibility requirements for Millennium Scholarship; duties and powers of Board of Regents; outreach to certain students; affidavit declaring eligibility.
NRS 396.934 Maximum amount of Millennium Scholarship; remedial courses excluded from payment; requirements for continuing eligibility; recipients encouraged to volunteer community service; ineligibility if requirements not satisfied; disbursement upon certification of eligibility; procedures for refund.
NRS 396.938 Development of plan to direct other financial aid to students who are not eligible for Millennium Scholarships.
NRS 396.940 Establishment of account within Trust Fund to provide Kenny C. Guinn Memorial Millennium Scholarships; acceptance of gifts and grants; deposit and investment of money in account.
NRS 396.945 Eligibility criteria for Memorial Scholarship; submission and review of applications; selection of recipient; maximum amount of Memorial Scholarship; authorized uses of Memorial Scholarship.
SILVER STATE OPPORTUNITY GRANT PROGRAM
NRS 396.950 “Program” defined.
NRS 396.952 Creation of Program; administration by Board of Regents; use of available money; eligibility requirements for award of grant.
NRS 396.954 Determination of amount of grant; order of priority for awarding grants to eligible students; limitation on use of money received from grant.
NRS 396.956 Regulations.
NRS 396.958 Acceptance of gifts, grants, bequests and donations.
NRS 396.960 Report to Legislature.
NEVADA PROMISE SCHOLARSHIP PROGRAM
NRS 396.961 Definitions.
NRS 396.9612 “Academic year” defined.
NRS 396.9615 “Gift aid” defined.
NRS 396.9625 “Nevada Promise Scholarship” defined.
NRS 396.9632 “Program” defined.
NRS 396.9634 “Registration fee and other mandatory fees” defined.
NRS 396.9645 Nevada Promise Scholarship Account: Creation; administration; gifts and grants; uses of money in Account.
NRS 396.965 Creation and administration of Program; regulations.
NRS 396.9665 Eligibility to receive Nevada Promise Scholarship.
NRS 396.968 Review and approval of applications by Board of Regents; disbursement of money in Nevada Promise Scholarship Account; notice if insufficient money in Account; award of Nevada Promise Scholarships; regulations.
NRS 396.9682 Conditions under which Board of Regents may grant leave of absence; duties of Board of Regents upon granting leave of absence; regulations.
NRS 396.9685 Board of Regents to prepare and submit annual report concerning Nevada Promise Scholarships and scholarship recipients.
UNLAWFUL ACTS
NRS 396.970 Surreptitious electronic surveillance on campus; exceptions.
NRS 396.980 Use of diisocyanate in maintenance or repair of building owned or operated by System while certain persons are present.
NRS 396.990 Use of false or misleading degrees.
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GENERAL PROVISIONS
NRS 396.005 Definitions. As used in this chapter, unless the context otherwise requires:
1. “Board of Regents” means the Board of Regents of the University of Nevada.
2. “Community college” means all of the community colleges within the Nevada System of Higher Education.
3. “State college” means all of the state colleges within the Nevada System of Higher Education, including, without limitation, the state college known as Nevada State University.
4. “System” means the Nevada System of Higher Education.
5. “University” means all of the universities within the Nevada System of Higher Education.
(Added to NRS by 1993, 340; A 2005, 358; 2023, 1835)
NRS 396.010 Seat of University; extension instruction, research and service activities conducted throughout State.
1. The seat of the State University, as described in Section 4 of Article 11 of the Constitution of the State of Nevada, is hereby located at the Office of the Chancellor of the System.
2. Extension instruction on the collegiate level, research and service activities may be conducted throughout the State.
[Part 1:85:1873; A 1885, 75; BH § 1375; cited C § 5101; RL § 4652; NCL § 7745]—(NRS A 1957, 166; 1965, 214; 1969, 1432; 1981, 897; 1993, 341; 2005, 359)
NRS 396.020 Legal and corporate name of University; name and composition of System. The legal and corporate name of the State University is the University of Nevada. The System of:
1. Universities;
2. State colleges;
3. Community colleges;
4. Administrative services;
5. Research facilities, including, without limitation:
(a) The Desert Research Institute;
(b) The Ethics Institute; and
(c) The Center for the Analysis of Crime Statistics, established within the Department of Criminal Justice at the University of Nevada, Las Vegas; and
6. Departments within the Public Service Division,
Ê administered under the direction of the Board of Regents is hereby collectively known as the Nevada System of Higher Education. The System is comprised of such branches and facilities as the Board of Regents deems appropriate.
[1:208:1907; RL § 4638; NCL § 7725]—(NRS A 1969, 1433; 1993, 341; 2003, 642; 2005, 359)
BOARD OF REGENTS
NRS 396.031 Definitions. As used in NRS 396.031 to 396.0414, inclusive, unless the context otherwise requires:
1. “Block” means the smallest geographical unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
2. “Block group” means a combination of blocks whose numbers begin with the same digit.
3. “Census tract” means a combination of block groups.
4. “State Demographer” means the demographer employed by the Department of Taxation pursuant to NRS 360.283.
(Added to NRS by 1981, 1820; A 1991, 1095; 2001 Special Session, 365; 2011, 1531; 2019, 987)
NRS 396.035 Attachment of omitted area to appropriate district; certification and filing of attachment.
1. If any area of this state is omitted from the shapefile adopted by NRS 396.047, the county clerk, the Carson City Clerk or the Director of the Legislative Counsel Bureau, upon discovery of the omission, shall notify the Secretary of State of the omission. The Secretary of State shall attach that area to the appropriate district as follows:
(a) If the area is surrounded by a district, it must be attached to that district.
(b) If the area is contiguous to two or more districts, it must be attached to the district that has the least population.
2. Any attachments made pursuant to the provisions of this section must be certified in writing and filed with the Director of the Legislative Counsel Bureau and with the Secretary of State. No change may be made in any attachments until the districts are again reapportioned.
(Added to NRS by 1981, 1820; A 1991, 1096; 2001 Special Session, 366; 2021, 33rd Special Session, 80)
NRS 396.040 Number of Regents; election from certain districts; residency requirements. [Effective through January 1, 2029.]
1. The Board of Regents consists of 13 members elected by the registered voters within the districts described in the shapefile adopted by NRS 396.047.
2. The members of the Board of Regents must be elected as follows:
(a) At the general election in 2002, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 2, 3, 5 and 10.
(b) At the general election in 2004, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 6, 7, 8, 11 and 13.
(c) At the general election in 2006, and every 6 years thereafter, one member of the Board of Regents must be elected from districts 1, 4, 9 and 12.
3. Each member of the Board of Regents must be a resident of the district from which the member is elected.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL § 7727]—(NRS A 1957, 166; 1959, 81; 1967, 408; 1971, 1531; 1973, 241; 1981, 1822; 1991, 1096; 2001 Special Session, 366; 2021, 33rd Special Session, 80)
NRS 396.040 Number of Regents; election from certain districts; residency requirements. [Effective January 2, 2029.]
1. The Board of Regents consists of nine members elected by the registered voters within the districts described in the shapefile adopted by NRS 396.047.
2. The members of the Board of Regents must be elected as follows:
(a) At the general election in 2028, and every 4 years thereafter, one member of the Board of Regents must be elected from districts 1, 4, 6, 7 and 9.
(b) At the general election in 2030, and every 4 years thereafter, one member of the Board of Regents must be elected from districts 2, 3, 5 and 8.
3. Each member of the Board of Regents must be a resident of the district from which the member is elected.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL § 7727]—(NRS A 1957, 166; 1959, 81; 1967, 408; 1971, 1531; 1973, 241; 1981, 1822; 1991, 1096; 2001 Special Session, 366; 2021, 33rd Special Session, 80; 2023, 359, effective January 2, 2029)
NRS 396.0411 Maps of districts: Duties of Director of Legislative Counsel Bureau. The Director of the Legislative Counsel Bureau shall:
1. File a copy of the shapefile adopted by NRS 396.047 with the Secretary of State.
2. Retain in an office of the Legislative Counsel Bureau, copies of maps of the districts described in the shapefile adopted by NRS 396.047.
3. Make available copies of the maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the maps.
4. File a copy of the maps with the Secretary of State.
(Added to NRS by 1991, 1095; A 2001 Special Session, 367; 2021, 33rd Special Session, 80)
NRS 396.0413 Maps of districts: Duties of Secretary of State. The Secretary of State shall:
1. Provide to the clerk of each county and the Clerk of Carson City, copies of the shapefile filed pursuant to subsection 1 of NRS 396.0411 and maps filed pursuant to subsection 4 of NRS 396.0411.
2. Make available copies of the shapefile and maps to any interested person for a reasonable fee, not to exceed the actual costs of producing copies of the shapefile or maps.
(Added to NRS by 1991, 1095; A 2021, 33rd Special Session, 81)
NRS 396.0414 Use of population counts revised by State Demographer for apportionment of districts. The population counts for every block, block group and census tract as revised by the State Demographer pursuant to NRS 360.288 must be used for the apportionment of districts of the Board of Regents.
(Added to NRS by 2019, 987)
NRS 396.0415 District 1. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0425 District 2. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.043 District 3. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0435 District 4. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.044 District 5. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0445 District 6. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.045 District 7. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0451 District 8. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0453 District 9. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0455 District 10. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0456 District 11. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.0457 District 12. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.046 District 13. Repealed. (See chapter 2, Statutes of Nevada 2021, 33rd Special Session, at page 100.)
NRS 396.047 Adoption of Board of Regents districts.
1. The shapefile identified as “2021Regents_BDR_Final,” filed with the Secretary of State pursuant to NRS 396.0411, is hereby adopted to describe the districts of the Board of Regents in this State.
2. The districts of the Board of Regents described in the shapefile adopted by subsection 1 are hereby created.
(Added to NRS by 2021, 33rd Special Session, 80)
NRS 396.050 Oaths. Before entering upon the discharge of the duties of the Office of Regent, every person elected as a Regent under the provisions of this chapter shall take and subscribe the official oath and file the same in the Office of the Secretary of State.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL § 7727]
NRS 396.060 Vacancies. In case of a vacancy in the Board of Regents caused by death, resignation, removal, or otherwise, the Governor shall fill the vacancy by the appointment of a qualified person to serve until the next succeeding general election, when the vacancy shall be filled by election for the remainder of the unexpired term of office of the Regent originally elected.
[Part 2:37:1887; A 1905, 190; 1917, 352; 1941, 91; 1931 NCL § 7727]—(NRS A 1967, 410)
NRS 396.070 Salaries and expenses of Regents; restrictions on account to pay for hosting expenditures of Regent; annual report and availability of hosting expenditures.
1. Each member of the Board of Regents is entitled to receive a salary of $80 for each meeting of the Board that he or she attends.
2. Each member of the Board of Regents is entitled to receive in attending meetings of the Board, or while on Board of Regents’ business within the State:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $60; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed.
(b) The travel allowance provided for state officers and employees generally.
3. If an account is established for a member of the Board of Regents to pay for hosting expenditures of the member:
(a) The annual expenditures from the account may not exceed $2,500.
(b) The account may be used only to pay for activities that are directly related to the duties of the member of the Board of Regents, including reasonable expenses for meals, beverages and small gifts. The account must not be used to pay for expenses associated with attending a sporting event or a political fundraising event.
(c) The member of the Board of Regents must submit a monthly report of expenditures from the account to the Chancellor of the System. The report must include, without limitation, the amount of money expended from the account, the specific purpose and activity for which the money was expended and, if applicable, the person for whom the money was expended.
(d) The Chancellor of the System shall compile the monthly reports into an annual report on or before January 30 of each year. The monthly reports and annual reports are public records and must be made available for public inspection.
4. As used in this section, “hosting expenditures” means reasonable expenses by or on behalf of a member of the Board of Regents who is conducting business activities necessary to provide a benefit to the System by establishing goodwill, promoting programs of the System or otherwise advancing the mission of the System.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 1957, 168; 1971, 175; 1977, 50; 1981, 890, 1982; 1995, 183; 2005, 1077; 2007, 602)
NRS 396.080 Chair of Board. The Board of Regents shall have the power to appoint a Chair.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 2005, 1078)
NRS 396.090 Secretary of Board: Employment; duties. The Board of Regents may employ a Secretary of the Board, who shall keep a full record of all proceedings of the Board.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729]—(NRS A 1969, 1433)
NRS 396.100 Meetings; records open to public inspection.
1. The Board of Regents may hold at least four regular meetings in each year, and may hold special meetings at the call of the Chair of the Board.
2. At all times, the records of all proceedings of the Board are open to public inspection except records of a closed meeting which have not become public.
[Part 4:37:1887; C § 1393; RL § 4642; NCL § 7729] + [5:37:1887; C § 1394; RL § 4643; NCL § 7730] + [1:244:1947; 1943 NCL § 7737.01]—(NRS A 1960, 27; 1977, 1102; 1981, 898; 1983, 1442)
1. The Board of Regents may prescribe rules for:
(a) Its own government; and
(b) The government of the System.
2. The Board of Regents shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to NRS 202.265.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1989, 657; 1993, 341)
NRS 396.120 Copy of minutes of Regents’ meetings transmitted to Governor. The Secretary of the Board of Regents shall transmit to the Governor a copy of the approved minutes of each regular meeting of the Board.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1957, 168; 1961, 174; 1969, 1433)
NRS 396.121 Annual report concerning equity in workplace.
1. The Board of Regents shall prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report concerning equity in the workplace, which includes:
(a) A summary of each complaint filed by an employee of the System in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in NRS 281.001, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and
(b) Any action taken in response to a complaint described in paragraph (a).
2. Any information contained in a report required by subsection 1 must be reported in a manner that does not reveal the identity of any person.
3. As used in this section, “marginalized identity” has the meaning ascribed to it in NRS 284.015.
(Added to NRS by 2021, 1890)
NRS 396.1215 Agreement with medical facility for medical education or health education. The Board of Regents may enter into an agreement to affiliate with a publicly or privately owned medical facility or related entity, whether for profit or not for profit, to further promote and enhance a medical education or health education program at a university. An agreement entered into pursuant to this section may include, without limitation, identification of shared goals and responsibilities, joint employment and supervision of employees and shared review and allocation of the use of facilities, resources and employees.
(Added to NRS by 2021, 108)
NRS 396.1217 Board of Regents authorized to enter into agreement to provide certain services to facilitate family involvement in early childhood education; contents.
1. The Board of Regents may enter into an agreement with a nonprofit organization, community entity or governmental agency to jointly provide families and caretakers with online and in-person training, workshops and resources designed to facilitate family involvement in early childhood education.
2. An agreement entered into pursuant to this section must include, without limitation:
(a) Standards that must be met by the nonprofit organization, community entity or governmental agency; and
(b) An allocation of any costs that must be shared between the nonprofit organization, community entity or governmental agency and the System.
(Added to NRS by 2023, 150)
NRS 396.1219 Agreement to assist in implementation of Teacher Academy College Pathway Program; regulations to establish program to identify and inform pupils who wish to apply for admission to Program.
1. The Board of Regents may enter into an agreement with a school district pursuant to NRS 388.223 to assist in the implementation of a Teacher Academy College Pathway Program.
2. The Board of Regents may, by regulation, establish a program to:
(a) Identify pupils who have completed the Program, or who are expected to complete the Program by the end of grade 12, and who wish to apply for admission to an institution within the System; and
(b) Inform such pupils of the institutions within the System where such pupils may academically qualify for admission.
3. As used in this section, “Program” has the meaning ascribed to it in NRS 388.223.
(Added to NRS by 2023, 3017)
NRS 396.122 Interest in certain contracts prohibited. A member of the Board of Regents shall not be interested, directly or indirectly, as principal, partner, agent or otherwise, in any contract or expenditure created by the Board of Regents, or in the profits or results thereof.
(Added to NRS by 1977, 1113)
POWER-BASED VIOLENCE
NRS 396.125 Definitions. As used in NRS 396.125 to 396.1595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 396.126 to 396.138, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 3669; A 2023, 3149)
NRS 396.126 “Complainant” defined. “Complainant” means a student or employee of an institution within the System who is alleged to be the victim of conduct that could constitute power-based violence.
(Added to NRS by 2021, 3669; A 2023, 3149)
NRS 396.127 “Dating violence” defined. “Dating violence” has the meaning ascribed to it in 34 U.S.C. § 12291(a).
(Added to NRS by 2021, 3669)
NRS 396.128 “Domestic violence” defined. “Domestic violence” has the meaning ascribed to it in 34 U.S.C. § 12291(a).
(Added to NRS by 2021, 3669)
NRS 396.1285 “Power-based violence” defined. “Power-based violence” means any form of interpersonal violence intended to control, intimidate or harm another person through the assertion of power over the person. The term includes, without limitation:
1. Dating violence;
2. Domestic violence;
3. Family violence;
4. Gender-based violence;
5. Violence based on sexual orientation or gender identity or expression;
6. Sexual assault;
7. Sexual harassment;
8. Sexual exploitation;
9. Stalking; or
10. The observation of another person who is naked or engaging in sexual activity without his or her consent, including, without limitation, voyeurism.
(Added to NRS by 2023, 3149)
NRS 396.129 “Reporting party” defined. “Reporting party” means a person who reports an alleged incident of power-based violence to the institution.
(Added to NRS by 2021, 3669; A 2023, 3149)
NRS 396.131 “Respondent” defined. “Respondent” means a person who has been reported to be the perpetrator of conduct that could constitute power-based violence.
(Added to NRS by 2021, 3669; A 2023, 3150)
NRS 396.132 “Sexual assault” defined. “Sexual assault” has the meaning ascribed to it in 20 U.S.C. § 1092(f)(6)(A)(v).
(Added to NRS by 2021, 3669)
NRS 396.133 “Sexual harassment” defined. “Sexual harassment” means conduct on the basis of sex, whether direct or indirect, implicit or explicit, verbal or nonverbal or in person or via virtual or electronic means, that satisfies one or more of the following:
1. An employee of an institution within the System conditioning the provision of an aid, benefit or service of the institution or the terms, conditions or privileges of the participation of a person in the education programs or activities of the institution on the person’s participation in unwelcome sexual conduct, including, without limitation:
(a) A sexual advance;
(b) A request for sexual favors; or
(c) Other conduct of a sexual nature.
2. Unwelcome sexual advances, requests for sexual favors and conduct of a sexual nature or evincing gender bias:
(a) That, in the educational environment, is made a term or condition of a student’s academic status or, based on an objective standard, is sufficiently severe, persistent or pervasive that it interferes with, limits or effectively denies a student the ability to participate in or benefit from the services, activities or opportunities offered by an institution within the System.
(b) Where, in the workplace, submission to or rejection of the sexual advances, requests for sexual favors or conduct is used as a basis for decisions or evaluations related to academics or employment or permission to participate in a service, activity or opportunity offered by an institution within the System or that, based on an objective standard, is sufficiently severe, persistent or pervasive that it creates an intimidating, hostile or abusive work environment which may or may not interfere with an employee’s job performance.
3. Sexual assault, dating violence, domestic violence or stalking.
(Added to NRS by 2021, 3670)
NRS 396.134 “Sexual misconduct” defined. Repealed. (See chapter 504, Statutes of Nevada 2023, at page 3164.)
NRS 396.135 “Stalking” defined. “Stalking” has the meaning ascribed to it in 34 C.F.R. § 106.30.
(Added to NRS by 2021, 3670)
NRS 396.136 “Student” defined. “Student” includes, without limitation, a former student of an institution within the System who took a leave of absence or withdrew from the institution due to being a complainant or respondent.
(Added to NRS by 2021, 3670)
NRS 396.137 “Supportive measures” defined. “Supportive measures” has the meaning ascribed to it in 34 C.F.R. § 106.30.
(Added to NRS by 2021, 3670)
NRS 396.138 “Trauma-informed response” defined. “Trauma-informed response” means a response involving an understanding of the complexities of power-based violence, including, without limitation:
1. Perpetrator methodology;
2. Conducting an effective investigation;
3. The neurobiological causes and impacts of trauma; and
4. The influence of social myths and stereotypes surrounding the causes and impacts of trauma.
(Added to NRS by 2021, 3670; A 2023, 3150)
NRS 396.141 Task Force on Power-Based Violence at Institutions of Higher Education: Creation; members; meetings.
1. There is hereby created the Task Force on Power-Based Violence at Institutions of Higher Education consisting of 16 members as follows:
(a) The Chancellor of the System, or his or her designee;
(b) The Chief General Counsel of the System, or his or her designee; and
(c) Fourteen members appointed by the Board of Regents as follows:
(1) One representative of a state college;
(2) One representative of a community college;
(3) One representative of a university;
(4) One Title IX coordinator from an institution within the System;
(5) One student, appointed in consultation with the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a state college or community college;
(6) One student, appointed in consultation with the Nevada Student Alliance or its successor organization, who represents a group or organization that focuses on multiculturalism, diversity or advocacy at a university;
(7) One researcher with experience in the development of climate surveys on power-based violence;
(8) One researcher of statistics, data analytics or econometrics with experience in survey analysis in higher education;
(9) One medical professional from the University of Nevada, Las Vegas, School of Medicine or the University of Nevada, Reno, School of Medicine;
(10) Two members who serve as a victim’s advocate, as defined in NRS 49.2545, at an institution within the System;
(11) One student who identifies as a victim of power-based violence;
(12) One person who represents an organization governing fraternities and sororities at an institution within the System; and
(13) One person who is employed by an institution within the System in the area of student affairs.
2. After the initial terms, each appointed member of the Task Force serves a term of 2 years and may be reappointed to one additional 2-year term following his or her initial term. A vacancy must be filled in the same manner as the original appointment.
3. The Task Force shall, at its first meeting and each odd-numbered year thereafter, elect a Chair from among its members.
4. The Task Force shall meet at least once each quarter and may meet at other times upon the call of the Chair or a majority of the members of the Task Force.
5. A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the power and authority conferred on the Task Force.
6. Members of the Task Force serve without compensation, except that for each day or portion of a day during which a member of the Task Force attends a meeting of the Task Force or is otherwise engaged in the business of the Task Force, and within the limits of available money, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. Each member of the Task Force who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Task Force to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
(Added to NRS by 2021, 3670; A 2023, 3150)
NRS 396.1415 Task Force on Power-Based Violence at Institutions of Higher Education: Duties.
1. The Task Force on Power-Based Violence at Institutions of Higher Education created by NRS 396.141 shall:
(a) Review the results of any climate survey on power-based violence administered at an institution within the System;
(b) Examine current procedures and protocols for preventing, intervening in or responding to instances of power-based violence that are used at institutions within the System;
(c) Identify possible gaps in the services that are available for victims of power-based violence at institutions within the System;
(d) Examine the correlation between social groups, campus life and the incidence of power-based violence on the campus of each institution within the System;
(e) Each year, hold a meeting open to the public to provide recommendations to the Board of Regents on how to address power-based violence at institutions within the System; and
(f) Not later than August 1 of each odd-numbered year, submit to the Joint Interim Standing Committee on Education a written report summarizing the findings of the Task Force, the data collected from responses to any climate survey and any recommendations regarding the prevention of, intervention in or response to incidences of power-based violence occurring at institutions within the System.
2. A meeting held pursuant to subsection 1 is not subject to the provisions of chapter 241 of NRS.
(Added to NRS by 2021, 3672; A 2023, 3151)
NRS 396.142 Climate survey on power-based violence: Development; contents; provision to Task Force on Power-Based Violence at Institutions of Higher Education.
1. To the extent that money is available, the Board of Regents may appoint researchers employed at one or more institutions within the System to develop a climate survey on power-based violence designed to be administered at institutions within the System. The climate survey on power-based violence must:
(a) Gather institution-specific data regarding the prevalence of gender-based harassment and discrimination;
(b) Be fair and unbiased;
(c) Be scientifically valid and reliable; and
(d) Meet the highest standards of survey research.
2. If appointed to develop a climate survey on power-based violence, the researchers shall:
(a) Use best practices from peer-reviewed research;
(b) Consult with persons with expertise in the development and use of climate surveys on power-based violence at institutions of higher education;
(c) Consult with a student government association;
(d) Review climate surveys on power-based violence which have been developed and implemented by institutions of higher education, including, without limitation, institutions in other states;
(e) Provide opportunity for written comment from organizations that assist victims of power-based violence to ensure the adequacy and appropriateness of any proposed content of the climate survey on power-based violence;
(f) Consult with institutions within the System on strategies for optimizing the effectiveness of the climate survey on power-based violence; and
(g) Account for the diverse needs and differences of the institutions within the System.
3. If a climate survey on power-based violence is developed, the climate survey must request information on topics related to power-based violence. The topics may include, without limitation:
(a) The estimated number of alleged incidents of power-based violence, both reported and not reported, at an institution within the System, if a student taking the survey has knowledge of such information;
(b) When and where an alleged incident of power-based violence occurred;
(c) Whether an alleged incident of power-based violence was perpetrated by a student, faculty member, staff member of an institution within the System, third party vendor or another person;
(d) Awareness of a student of the policies and procedures related to power-based violence at an institution;
(e) Whether a student reported an alleged incident of power-based violence and:
(1) If the incident was reported, to which campus resource or law enforcement agency a report was made; and
(2) If the incident was not reported, the reason the student chose not to report the incident;
(f) Whether a student who reported an alleged incident of power-based violence was:
(1) Offered supportive measures by an institution;
(2) Informed of, aware of or referred to campus, local or state resources for support for victims, including, without limitation, appropriate medical care and legal services; and
(3) Informed of the prohibition against retaliation for reporting an alleged incident of power-based violence;
(g) Contextual factors in an alleged incident of power-based violence, such as the involvement of force, incapacitation or coercion;
(h) Demographic information that could be used to identify at-risk groups, including, without limitation, the gender, race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of the student taking the climate survey on power-based violence;
(i) Perceptions a student has of campus safety;
(j) Whether a student has confidence in the ability of the institution to protect against and respond to alleged incidents of power-based violence;
(k) Whether a student chose to withdraw or take a leave of absence from the institution or transfer to another institution because the student is the complainant or respondent in an alleged incident of power-based violence;
(l) Whether a student withdrew from any classes or was placed on academic probation, disciplinary probation or otherwise disciplined as a result of an alleged incident of power-based violence;
(m) Whether a student experienced any financial impact as a result of an alleged incident of power-based violence;
(n) Whether a student experienced any negative health impacts as a result of an alleged incident of power-based violence, including, without limitation, post-traumatic stress disorder, anxiety, depression, chronic pain or an eating disorder;
(o) The perception of the participants in the survey of the attitudes of the community toward power-based violence, including, without limitation, the willingness of a person to intervene in an ongoing incident of power-based violence as a bystander; and
(p) Any other questions as determined necessary by the researchers.
4. The climate survey on power-based violence must provide an option for students to decline to answer a question.
5. The climate survey on power-based violence must be provided to the Task Force on Power-Based Violence at Institutions of Higher Education created pursuant to NRS 396.141 for comment.
(Added to NRS by 2021, 3672; A 2023, 3152)
NRS 396.1425 Climate survey on power-based violence: Biennial administration; contents; waiver.
1. To the extent that money is available, the Board of Regents may require each institution within the System to conduct a climate survey on power-based violence at the institution biennially.
2. A climate survey on power-based violence conducted pursuant to subsection 1 must include the questions developed by researchers employed at an institution within the System pursuant to NRS 396.142. If an institution within the System includes additional questions on a climate survey on power-based violence pursuant to subsection 1, the questions must not be unnecessarily traumatizing for a victim of an alleged incident of power-based violence.
3. If an institution within the System conducts a climate survey on power-based violence pursuant to subsection 1, the institution shall:
(a) Provide the survey to each student at the institution, including, without limitation, students studying abroad;
(b) Not require the disclosure of personally identifiable information by a participant in the climate survey on power-based violence;
(c) Work to ensure an adequate number of students complete the survey to achieve a random and representative sample size of students;
(d) Within 120 days after completion of the climate survey on power-based violence:
(1) Compile a summary of the responses to the survey; and
(2) Submit the summary of responses to the Board of Regents; and
(e) Post on the Internet website maintained by the institution in a manner that does not disclose personally identifiable information of any person, the summary of the responses to the climate survey on power-based violence.
4. A climate survey on power-based violence must be administered electronically by an institution within the System and provide reasonable accommodations for students with a disability.
5. An institution within the System may obtain a waiver from the Board of Regents to not administer a climate survey on power-based violence pursuant to this section due to the financial circumstances of the institution.
6. An institution within the System may apply for and accept any gifts, grants, donations, bequests or other money from any source to carry out the provisions of this section.
7. Any data or reports that underlie the summaries generated pursuant to subsection 2 are confidential and are not a public record for the purposes of chapter 239 of NRS.
(Added to NRS by 2021, 3673; A 2023, 3153)
NRS 396.143 Climate survey on power-based violence: Duties of Board of Regents.
1. If the Board of Regents requires an institution within the System to conduct a climate survey on power-based violence pursuant to NRS 396.1425, the Board of Regents shall to the extent that money is available:
(a) Provide a copy of the questions developed by the researchers employed at an institution within the System pursuant to NRS 396.142 to each institution within a reasonable time after the Board of Regents receives the questions from the researchers;
(b) Establish a repository for the summaries of the climate survey on power-based violence submitted by each institution pursuant to NRS 396.1425;
(c) Post each summary of the responses to a climate survey on power-based violence submitted by an institution pursuant to NRS 396.1425 on the Internet website maintained by the Board of Regents in a manner that does not disclose personally identifiable information of any person;
(d) Adopt a policy on the dissemination, collection and summation of the responses to the climate survey on power-based violence; and
(e) On or before February 1 of each odd-numbered year, report the summaries of the climate survey on power-based violence submitted by an institution pursuant to NRS 396.1425 to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education.
2. Any data or reports that underlie the summaries generated pursuant to subsection 1 are confidential and are not a public record for the purposes of chapter 239 of NRS.
(Added to NRS by 2021, 3674; A 2023, 3154)
NRS 396.144 Requirements relating to grievance process. The Board of Regents may require an institution within the System to:
1. Require employees who participate in the grievance process of the institution pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., or a policy on power-based violence adopted pursuant to NRS 396.145 to receive annual training on topics related to power-based violence which may include, without limitation, any training required pursuant to NRS 396.152;
2. Provide a complainant and respondent with a copy of the policies of the institution regarding the submission and consideration of evidence that may be considered during the grievance process;
3. Except as otherwise required by federal law, within 14 business days after the conclusion of the grievance process, inform the complainant and the respondent of the result of the grievance process; and
4. Unless otherwise required by state or federal law, not publicly disclose the identity of a complainant or respondent.
(Added to NRS by 2021, 3675; A 2023, 3155)
NRS 396.145 Policy on power-based violence: Contents; opportunity for comment; public availability.
1. The Board of Regents may require an institution within the System to adopt a policy on power-based violence consistent with applicable state and federal law.
2. If the Board of Regents requires the adoption of a policy on power-based violence pursuant to subsection 1, in developing the policy on power-based violence, an institution within the System:
(a) Shall:
(1) Incorporate a trauma-informed response;
(2) Coordinate with:
(I) The Title IX coordinator of the institution; and
(II) If an institution has entered into a memorandum of understanding pursuant to NRS 396.147, the organization that assists persons involved in power-based violence; and
(3) Engage in a culturally competent manner to reflect the diverse needs of all students; and
(b) May consider input from internal and external entities, including, without limitation:
(1) Administrators at the institution;
(2) Personnel affiliated with health care centers located on or off a campus of the institution that provide services to the institution;
(3) An advocate designated pursuant to NRS 396.148;
(4) Staff affiliated with campus housing services;
(5) Students enrolled in an institution within the System;
(6) A provider of health care;
(7) Law enforcement agencies, including, without limitation, campus police or security; and
(8) The district attorney of the county where the main campus of the institution is located.
3. If the Board of Regents requires the adoption of a policy on power-based violence pursuant to subsection 1, an institution within the System shall provide:
(a) Internal or external entities an opportunity to provide comment on the initial policy on power-based violence or any substantive change to the policy;
(b) Instructions on how an internal or external entity may provide comment on the initial policy on power-based violence or a substantive change to the policy; and
(c) A reasonable length of time during which the institution will accept comment.
4. After an initial policy on power-based violence is adopted by an institution within the System, the opportunity for comment by an internal or external entity pursuant to subsection 3 applies only to a substantive change to the policy, as determined by the institution.
5. If the Board of Regents requires the adoption of a policy on power-based violence pursuant to subsection 1, an institution within the System shall make the policy on power-based violence publicly available not later than the start of each academic year:
(a) Upon request, to a prospective student, current student or employee of the institution; and
(b) On the Internet website maintained by the institution.
(Added to NRS by 2021, 3675; A 2023, 3155)
NRS 396.146 Policy on power-based violence: Required provisions. A policy on power-based violence adopted pursuant to NRS 396.145 must include, without limitation, information on:
1. The procedures by which a student or employee at an institution within the System may report or disclose an alleged incident of power-based violence that occurred on or off a campus of the institution;
2. Supportive measures, including, without limitation:
(a) Changing academic, living, campus transportation or work arrangements;
(b) Taking a leave of absence from the institution in response to an alleged incident of power-based violence;
(c) How to request supportive measures; and
(d) The process to have any supportive measures reviewed by the institution;
3. Appropriate local, state and federal law enforcement agencies, including, without limitation, the contact information for a law enforcement agency; and
4. The grievance process of the institution for investigating and resolving a report of an alleged incident of power-based violence pursuant to Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.
(Added to NRS by 2021, 3676; A 2023, 3156)
NRS 396.147 Memorandum of understanding with organization that assists persons involved in power-based violence.
1. The Board of Regents may require an institution within the System to enter into a memorandum of understanding with an organization that assists persons involved in power-based violence. The memorandum of understanding may, without limitation:
(a) Allow for cooperation and training between the institution and the organization that assists persons involved in power-based violence to establish an understanding of the:
(1) Responsibilities that the institution and organization that assists persons involved in power-based violence have in responding to a report or disclosure of an alleged incident of power-based violence; and
(2) Procedures of the institution for providing support and services to students and employees;
(b) Require an organization that assists persons involved in power-based violence to:
(1) Assist with developing policies, programming or training at the institution regarding power-based violence;
(2) Provide an alternative for a student or employee of the institution to receive free and confidential counseling, advocacy or crisis services related to an alleged incident of power-based violence that are located on or off a campus of the institution, including, without limitation:
(I) Access to a health care provider who specializes in forensic medical examinations; and
(II) Confidential services;
(3) Assist with the development and implementation of education and prevention programs for students of the institution; and
(4) Assist with the development and implementation of training and prevention curriculum for employees of the institution; and
(c) Include a fee structure for any services provided by the organization that assists persons involved in power-based violence.
2. As used in this section, “forensic medical examination” has the meaning ascribed to it in NRS 217.300.
(Added to NRS by 2021, 3676; A 2023, 3157)
NRS 396.148 Designation of advocate.
1. The Board of Regents may require an institution within the System to designate an advocate. If the Board of Regents requires the designation of an advocate, an institution shall designate existing categories of employees who may serve as an advocate. An institution may:
(a) Partner with an organization that assists persons involved in power-based violence to designate an advocate; or
(b) If the institution enrolls less than 1,000 students who reside in campus housing, partner with another institution within the System to designate an advocate.
2. An advocate designated pursuant to subsection 1:
(a) Must not be a Title IX coordinator, a member of campus police or law enforcement or any other official of the institution who is authorized to initiate a disciplinary proceeding on behalf of the institution or whose position at the institution may create a conflict of interest;
(b) Must be designated based on the training or experience of the person to effectively provide services related to power-based violence; and
(c) Must have completed at least 20 hours of relevant training.
3. If an institution within the System designates an advocate pursuant to subsection 1, the advocate must be trained on:
(a) The awareness and prevention of power-based violence;
(b) Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.;
(c) Any policy on power-based violence adopted by the institution pursuant to NRS 396.145; and
(d) Trauma-informed responses to a report of an alleged incident of power-based violence.
4. An institution within the System that designates an advocate pursuant to subsection 1 shall provide for the availability of an advocate to students within a reasonable distance from the institution or by electronic means if it is not practicable to provide for the availability of an advocate in person.
(Added to NRS by 2021, 3677; A 2023, 3157)
NRS 396.149 Duties and powers of advocate; notice; conflict of interest.
1. If an advocate is designated pursuant to NRS 396.148, the advocate shall:
(a) Inform a student or employee of, or provide resources about how to obtain information on:
(1) Options on how to report an alleged incident of power-based violence and the effects of each option;
(2) Counseling services available on a campus of the institution and through local community resources;
(3) Medical and legal services available on or off a campus of the institution;
(4) Available supportive measures;
(5) Counseling related to student loans;
(6) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice;
(7) The role of local, state and federal law enforcement agencies;
(8) Any limits on the ability of the advocate to provide privacy or confidentiality to the student or employee; and
(9) A policy on power-based violence adopted by the institution pursuant to NRS 396.145;
(b) Notify the student or employee of his or her rights and the responsibilities of the institution regarding an order for protection, restraining order or injunction issued by a court;
(c) Unless otherwise required by state or federal law, not be required to report an alleged incident of power-based violence to the institution or a law enforcement agency;
(d) Provide confidential services to students and employees;
(e) Not provide confidential services to more than one party in a grievance process;
(f) Unless otherwise required by state or federal law, not disclose confidential information without the prior written consent of the student or employee who shared the information;
(g) Support a complainant or respondent in obtaining supportive measures to ensure the complainant or respondent has continued access to education; and
(h) Inform a student or employee that supportive measures may be available through disability services or the Title IX coordinator.
2. If an advocate is designated pursuant to NRS 396.148, the advocate may:
(a) If appropriate and if directed by a student or employee, assist the student or employee in reporting an alleged incident of power-based violence to the institution or a law enforcement agency; and
(b) Attend a disciplinary proceeding of the institution as the advisor or support person of a complainant.
3. Notice to an advocate of an alleged incident of power-based violence or the performance of services by an advocate pursuant to this section shall not constitute actual or constructive notice of an alleged incident of power-based violence to the institution within the System which designated the advocate pursuant to NRS 396.148.
4. If a conflict of interest arises between the institution within the System which designated an advocate and the advocate in advocating for the provision of supportive measures by the institution to a complainant or a respondent, the institution shall not discipline, penalize or otherwise retaliate against the advocate for advocating for the complainant or the respondent.
(Added to NRS by 2021, 3677; A 2023, 3158)
NRS 396.151 Prohibition against disciplinary proceeding or sanction in certain circumstances; review of connection between incident of power-based violence and other misconduct.
1. The Board of Regents may prohibit an institution within the System from subjecting a complainant, reporting party or witness who reports an alleged incident of power-based violence to a disciplinary proceeding or sanction for a violation of a policy on student conduct related to drug or alcohol use, trespassing or unauthorized entry of school facilities or other violation of a policy of an institution that occurred during or related to an alleged incident of power-based violence unless the institution determines that the:
(a) Report of an alleged incident of power-based violence was not made in good faith; or
(b) The violation of a policy on student conduct was egregious, including, without limitation, a violation that poses a risk to the health or safety of another person.
2. The Board of Regents may require an institution within the System to review any disciplinary action taken against a reporting party or witness to determine if there is any connection between the alleged incident of power-based violence that was reported and the misconduct that led to the reporting party or witness being disciplined.
(Added to NRS by 2021, 3679; A 2023, 3159)
NRS 396.152 Required training.
1. The Board of Regents may require an institution within the System to provide training on the grievance process of the institution in accordance with 34 C.F.R. § 106.45.
2. The Board of Regents may require an institution within the System to train the Title IX coordinator and members of the campus police or safety personnel of the institution in the awareness of power-based violence and in trauma-informed response to an alleged incident of power-based violence.
(Added to NRS by 2021, 3679; A 2023, 3159)
NRS 396.153 Programming on awareness and prevention of power-based violence.
1. The Board of Regents may require an institution within the System to provide programming on awareness and prevention of power-based violence to all students and employees of the institution. If the Board of Regents requires an institution to provide programming on awareness and prevention of power-based violence, the programming must include, without limitation:
(a) An explanation of consent as it applies to a sexual act or sexual conduct with another person;
(b) The manner in which drugs and alcohol may affect the ability of a person to consent to a sexual act or sexual conduct with another person;
(c) Information on options for reporting an alleged incident of power-based violence, the effects of each option and the method to file a report under each option, including, without limitation, a description of the confidentiality and anonymity, as applicable, of a report;
(d) Information on the grievance process of the institution for addressing a report of an alleged incident of power-based violence, including, without limitation, a policy on power-based violence adopted pursuant to NRS 396.145;
(e) The range of sanctions or penalties the institution may impose on a student or employee found responsible for an incident of power-based violence;
(f) If an advocate is designated pursuant to NRS 396.148, the name, contact information and role of the advocate;
(g) Strategies for intervention by bystanders;
(h) Strategies for reduction of the risk of power-based violence; and
(i) Any other opportunities for additional programming on awareness and prevention of power-based violence.
2. If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the institution:
(a) Shall coordinate with the Title IX coordinator of the institution;
(b) May coordinate with a law enforcement agency and, if the institution entered into a memorandum of understanding with an organization that assists persons involved in power-based violence pursuant to NRS 396.147, that organization; and
(c) Shall require:
(1) A student to attend the programming on the awareness and prevention of power-based violence at least once during his or her first two regular academic semesters after enrollment; and
(2) An employee to attend the programming on the awareness and prevention of power-based violence not less than once every 3 years.
3. If an institution provides programming on awareness and prevention of power-based violence pursuant to subsection 1, the programming may be culturally responsive and address the unique experiences and challenges faced by students based on the race, ethnicity, national origin, economic status, disability, gender identity or expression, immigration status and sexual orientation of a student.
4. If an institution provides programming on awareness and prevention of power-based violence to students pursuant to subsection 1, the institution:
(a) May provide the programming in person;
(b) May provide an option for a student to attend the programming by virtual or electronic means; and
(c) May include the programming in any courses or materials provided to a student who has recently enrolled in the institution.
5. An institution may require each instructor or professor to include in the syllabus for a course information on resources available on the campus of the institution for victims of power-based violence, including, without limitation, resources about how to obtain information on:
(a) Options for reporting an alleged incident of power-based violence, the effects of each option and the method to file a report under each option;
(b) Counseling services available on a campus of the institution and through local community resources;
(c) Community-based organizations which provide assistance to victims of power-based violence whose services are available on or off a campus of the institution;
(d) Available supportive measures;
(e) The grievance process of the institution and that the grievance process is not a substitute for the system of criminal justice; and
(f) A policy on power-based violence adopted by the institution pursuant to NRS 396.145.
(Added to NRS by 2021, 3679; A 2023, 3160)
NRS 396.154 Determination of responsibility based on preponderance of evidence. The Board of Regents may require an institution within the System that receives a report of an alleged incident of power-based violence that involves a student or employee of the institution to determine the responsibility of a respondent, if any, based on a preponderance of the evidence.
(Added to NRS by 2021, 3680; A 2023, 3161)
NRS 396.155 Request to keep identity confidential or take no investigative or disciplinary action; duties of institution.
1. The Board of Regents may require an institution within the System to accept a request from a complainant who is 18 years of age or older to keep the identity of the complainant confidential or take no investigative or disciplinary action against a respondent. An institution shall not grant such a request if state or federal law requires disclosure or further action. In determining whether to grant such a request, the institution shall consider whether there is a risk that the respondent may commit additional acts of violence, power-based violence, discrimination or harassment based on whether one or more of the following factors are present to a sufficient degree such that the request cannot be honored:
(a) There are any previous or existing reports of an incident of power-based violence against the respondent, including, without limitation, records of complaints or the arrest of the respondent;
(b) The respondent allegedly used a weapon;
(c) The respondent threatened violence, discrimination or harassment against the complainant or other persons;
(d) The alleged incident of power-based violence was alleged to have been committed by two or more people;
(e) The circumstances surrounding the alleged incident of power-based violence indicate that the incident was premeditated and, if so, whether the respondent or another person allegedly premeditated the incident;
(f) The circumstances surrounding the alleged incident of power-based violence indicate a pattern of consistent behavior at a particular location or by a particular group of people;
(g) The institution is able to conduct a thorough investigation and obtain relevant evidence without the cooperation of the complainant; and
(h) There are any other factors that indicate the respondent may repeat the behavior alleged by the complainant or that the complainant or other persons may be at risk of harm.
2. If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall take reasonable steps to, without initiating formal action against the respondent:
(a) Respond to the report of the alleged incident of power-based violence while maintaining the confidentiality of the complainant;
(b) Limit the effects of the alleged incident of power-based violence; and
(c) Prevent the recurrence of any misconduct.
3. Reasonable steps taken pursuant to subsection 2 may include, without limitation:
(a) Increased monitoring, supervision or security at locations or activities where the alleged incident of power-based violence occurred;
(b) Providing additional training and educational materials for students and employees; or
(c) Ensuring a complainant is informed of and has access to appropriate supportive measures.
4. If an institution within the System grants a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall inform the complainant that the ability of the institution to respond to the report of the alleged incident of power-based violence will be limited by the request.
5. If an institution within the System determines that it cannot grant a request for confidentiality or to not take any investigative or disciplinary action pursuant to subsection 1, the institution shall:
(a) Inform the complainant of the determination before disclosing the identity of the complainant or initiating an investigation;
(b) Make available supportive measures for the complainant; and
(c) If requested by the complainant, inform the respondent that the complainant asked the institution not to take investigative or disciplinary action against the respondent.
(Added to NRS by 2021, 3680; A 2023, 3161)
NRS 396.156 Investigation of incident of power-based violence; periodic updates; notice of findings; disciplinary action.
1. In conducting an investigation of an alleged incident of power-based violence an institution within the System shall:
(a) Provide the complainant and the respondent the opportunity to identify witnesses and other evidence to assist the institution in determining whether an alleged incident of power-based violence has occurred;
(b) Inform the complainant and the respondent that any evidence available to the party but not disclosed during the investigation might not be considered at a subsequent hearing; and
(c) Ensure that questions and evidence of the sexual history or sexual predisposition of a complainant are not considered relevant unless the:
(1) Questions or evidence are directly relevant to prove that the conduct alleged to have been committed by the respondent was inflicted by another person; or
(2) Questions and evidence are relevant to demonstrate how the parties communicated consent in previous or subsequent consensual sexual conduct.
2. An institution within the System shall provide periodic updates on the investigation to the complainant and the respondent regarding the timeline of the investigation.
3. An institution within the System shall notify the complainant and the respondent of the findings of an investigation simultaneously.
4. If an institution within the System imposes any disciplinary action based on the findings of an investigation on a respondent, such disciplinary action must be imposed in accordance with the grievance process of the institution.
(Added to NRS by 2021, 3681; A 2023, 3162)
NRS 396.157 No-contact directive.
1. An institution within the System may issue a no-contact directive prohibiting the complainant and the respondent from contacting each other. An institution may issue a no-contact directive if the directive is necessary to, without limitation:
(a) Protect the safety or well-being of either the complainant or the respondent; or
(b) Respond to interference with an investigation.
2. A no-contact directive issued against the respondent after a decision of responsibility, if any, has been made must be mutually applied to the complainant and the respondent.
3. If an institution issues a mutual no-contact directive, the institution shall provide the complainant and the respondent with an explanation of the terms of the directive, including, without limitation, that a violation of the directive may subject the party to disciplinary action.
(Added to NRS by 2021, 3682)
NRS 396.158 Person who experiences power-based violence: Request for waiver of certain requirements; request for leave of absence or extended benefits of employment.
1. A student who experiences power-based violence may request a waiver from any requirement to maintain a certain grade point average, credit enrollment, or other academic or disciplinary record requirement relating to academic success for any scholarship, grant or other academic program offered by an institution within the System. A waiver may be granted by a provost, dean, academic advisor or other appropriate staff or faculty member of the institution.
2. A student or employee who experiences power-based violence may be granted a request to take a leave of absence or, to the extent practicable, extend benefits of employment.
(Added to NRS by 2021, 3682; A 2023, 3163)
1. The Board of Regents may require an institution within the System to prepare and submit to the Board of Regents an annual report that includes, without limitation:
(a) The total number of reports of alleged incidents of power-based violence allegedly committed by a student or employee of the institution made to the Title IX office of the institution;
(b) The number of students and employees found responsible for an incident of power-based violence by the institution;
(c) The number of students and employees accused of but found not responsible for an incident of power-based violence by the institution;
(d) The number of persons sanctioned by the institution as a result of a finding of responsibility for an incident of power-based violence; and
(e) The number of persons who submitted requests for supportive measures and the number of persons who received supportive measures.
2. A report submitted pursuant to subsection 1 must not contain any personally identifiable information of a student or employee of an institution within the System.
3. Information contained in a report submitted pursuant to subsection 1 must be able to be disaggregated by students and employees.
4. If the Board of Regents requires a report to be prepared and submitted pursuant to subsection 1, an institution shall submit the report to the Board of Regents not later than October 1 of each year.
5. If the Board of Regents requires a report to be prepared and submitted pursuant to subsection 1, the Board of Regents shall, not later than December 31 of each year, submit a compilation of the reports the Board of Regents received pursuant to subsection 1 to the Director of the Department of Health and Human Services and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature in even-numbered years or the Joint Interim Standing Committee on Education in odd-numbered years.
6. Any data or reports that underlie the report prepared pursuant to subsection 4 are confidential and are not a public record for the purposes of chapter 239 of NRS.
(Added to NRS by 2021, 3682; A 2023, 3163)
NRS 396.1595 Regulations. The Board of Regents may adopt regulations as necessary to carry out the provisions of NRS 396.125 to 396.1595, inclusive.
(Added to NRS by 2021, 3683)
PERSONNEL
NRS 396.210 Chancellor: Appointment and qualifications.
1. After consultation with the faculty, the Board of Regents shall appoint a Chancellor of the System.
2. The Chancellor shall have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1957, 168; 1969, 1433; 1993, 341)
NRS 396.220 Salary of Chancellor. The Board of Regents shall fix the salary of the Chancellor of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1969, 1433; 1993, 341)
NRS 396.230 Duties of Chancellor and other officers. The Board of Regents shall prescribe the duties of the Chancellor and such other officers of the System as the Board deems appropriate.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728] + [8:37:1887; C § 1397; RL § 4646; NCL § 7733]—(NRS A 1957, 169; 1965, 94; 1969, 1433; 1993, 341)
NRS 396.240 Reports of Chancellor and other officers. The Chancellor and other officers of the System shall make such reports to the Board of Regents as they deem appropriate or as the Board of Regents may require.
[6:37:1887; C § 1395; RL § 4644; NCL § 7731]—(NRS A 1969, 1433; 1993, 341)
NRS 396.251 Establishment of policies and procedures for certain personnel.
1. The Board of Regents may establish policies and procedures for personnel which govern student employees, physicians engaged in a program for residency training and postdoctoral fellows of the System and which are separate from the policies and procedures established for the unclassified personnel of the System. Any such policy or procedure does not diminish the eligibility of those persons for coverage as employees under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. In establishing policies and procedures pursuant to subsection 1, the Board of Regents is not bound by any of the other provisions of this chapter or the provisions of title 23 of NRS. Those provisions do not apply to a student employee, a physician engaged in a program for residency training or a postdoctoral fellow of the System unless otherwise provided by the Board of Regents.
(Added to NRS by 1987, 290; A 1993, 342; 1999, 235)
NRS 396.255 Establishment of procedures governing contracts that faculty members and employees may enter into or benefit from. The Board of Regents shall, to carry out the purposes of subsection 3 of NRS 281.221, subsection 3 of NRS 281.230, subsection 3 of NRS 281A.430, NRS 396.1215 and 396.1217, establish policies governing the contracts that faculty members and employees of the System may enter into or benefit from.
(Added to NRS by 2001, 1627; A 2021, 108; 2023, 150)
NRS 396.260 Employment of alien instructor or professor through program of exchange. Notwithstanding the provisions of any other law, the Board of Regents may employ any teacher, instructor or professor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.
[10.2:37:1887; added 1956, 199]—(NRS A 1959, 284; 1969, 1434)
NRS 396.270 Official oath for instructor and professor.
1. Each teacher, instructor and professor employed by the Board of Regents whose compensation is payable out of the public funds, except teachers, instructors and professors employed pursuant to the provisions of NRS 396.260, shall take and subscribe to the constitutional oath of office before entering upon the discharge of his or her duties.
2. The oath of office, when taken and subscribed, shall be filed in the Office of the Board of Regents.
[10.3:37:1887; added 1956, 199]—(NRS A 1993, 342)
NRS 396.280 Salaries of academic staff. The Board of Regents shall have the power to fix the salaries of the academic staff of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1957, 169; 1993, 342)
NRS 396.290 Retirement benefits for employees of System. Except as otherwise provided in NRS 396.251 and 396.7953, all employees of the System, including those employees who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, may elect to receive the benefits provided under the contract of integration entered into between the Board of Regents and the Public Employees’ Retirement Board on June 30, 1950, pursuant to the provisions of NRS 286.370 or may exercise an option to receive the benefits provided under NRS 286.802 to 286.816, inclusive.
[9:2:1957]—(NRS A 1969, 244, 1434; 1987, 291; 1993, 342)
NRS 396.300 Rules for reports of officers and teachers. The Board of Regents may prescribe rules for the reports of officers and teachers of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1993, 342)
NRS 396.311 Community College: System of probation for professional employees. The Board of Regents shall adopt regulations establishing a system of probation for the professional employees of the Community Colleges. The regulations must provide for a probationary period of such length as the Board deems appropriate.
(Added to NRS by 1975, 1025; A 1981, 898; 1993, 342)
NRS 396.315 Community College: System for dismissal of professional employees. The Board of Regents shall adopt and promulgate regulations establishing a fair dismissal system for the professional employees of the Community Colleges who have completed probation as required by the Board pursuant to NRS 396.311. The regulations must provide that no professional employee who has successfully completed his or her probationary period is subject to termination or nonrenewal of his or her contract except for good cause shown. The regulations must specify what constitutes good cause for such termination or nonrenewal of contract, and must include provisions for:
1. Adequate notice;
2. A hearing to determine whether good cause exists, to be held before an impartial hearing officer or hearing committee selected in a manner provided by the Board; and
3. Opportunity for review of the decision of the hearing officer or hearing committee,
Ê in any case involving termination or nonrenewal of the contract of a professional employee who has completed probation.
(Added to NRS by 1975, 1025; A 1981, 898)
NRS 396.320 Grounds for dismissal or removal of certain personnel.
1. The willful neglect or failure on the part of any teacher, instructor, professor, president or chancellor in the System to observe and carry out the requirements of this chapter is sufficient cause for the dismissal or removal of the person from his or her position.
2. It is sufficient cause for the dismissal of any teacher, instructor, professor, president or chancellor in the System when the person advocates, or is a member of an organization which advocates, overthrow of the Government of the United States or of the State by force, violence or other unlawful means.
[Part 1:20:1955] + [10.8:37:1887; added 1956, 199]—(NRS A 1969, 1434; 1993, 342)
DISCIPLINARY HEARINGS
NRS 396.323 Powers of Regents and other officers to issue subpoenas; enforcement.
1. The Board of Regents, the Chancellor of the System and the presidents of all the branches and facilities within the System may issue subpoenas in all instances involving disciplinary hearings of members of the System.
2. Those persons may issue subpoenas requiring the attendance of witnesses before them together with all books, memoranda, papers and other documents relative to the matters under investigation or to be heard, administer oaths and take testimony thereunder.
3. The district court in and for the county in which any hearing is being conducted by any of the persons named in subsection 1 may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the person holding the hearing.
4. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena, the person holding the hearing may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the person holding the hearing named in the subpoena, or has refused to answer questions propounded to the witness in the course of the hearing,
Ê and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the person.
5. The court, upon petition of the person holding the hearing, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order, the time must not be more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the person holding the hearing. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the person holding the hearing, the court shall thereupon enter an order that the witness appear before the person at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.
(Added to NRS by 1971, 852; A 1981, 898; 1993, 343)
NRS 396.324 Person with communications disability entitled to use of registered community interpreter at hearing. The person who is the subject of a disciplinary hearing under this chapter or who is a witness at that hearing, and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the person who presides at the hearing.
(Added to NRS by 1979, 658; A 2001, 1778; 2007, 174)
POLICE DEPARTMENT; REVIEW OF POLICE MISCONDUCT
NRS 396.325 Creation; interlocal agreements with other law enforcement agencies. The Board of Regents may:
1. Create a Police Department for the System and appoint one or more persons to be members of the Department; and
2. Authorize the Department to enter into interlocal agreements pursuant to chapter 277 of NRS with other law enforcement agencies to provide for the rendering of mutual aid.
(Added to NRS by 1965, 304; A 1969, 1434; 1991, 1701; 1993, 344, 1416, 2531; 1995, 571, 572)
NRS 396.327 Police required to wear badges. Every member of the Police Department for the System must be supplied with, authorized and required to wear a badge bearing the words “University Police, Nevada.”
(Added to NRS by 1965, 304; A 1969, 1434; 1993, 344)
NRS 396.328 Provision of crash reports and related materials upon receipt of reasonable fee; exceptions. The Police Department for the System shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, his or her legal representative or insurer, as applicable, with a copy of the crash report and all statements by witnesses and photographs in the possession or under the control of the Department that concern the crash, unless:
1. The materials are privileged or confidential pursuant to a specific statute; or
2. The crash involved:
(a) The death or substantial bodily harm of a person;
(b) Failure to stop at the scene of a crash; or
(c) The commission of a felony.
(Added to NRS by 1987, 1052; A 1993, 344; 2005, 703; 2015,1670)
NRS 396.3291 Campus review board: Creation authorized to review allegations of misconduct by peace officers of the Police Department; membership; conditions for membership; payment of per diem and travel expenses.
1. The Board of Regents may create on each campus of the System a campus review board to advise the president or other chief administrative officer of the campus and, upon request, the Board of Regents on issues concerning allegations made against peace officers of the Police Department for the System involving misconduct while serving on the campus.
2. A campus review board created pursuant to subsection 1 must consist of not less than 15 members.
3. A campus review board must be appointed by the Board of Regents from a list of names submitted by interested persons within the System and in the general public. If an insufficient number of names of persons interested in serving on a campus review board are submitted, the Board of Regents shall appoint the remaining members in the manner it deems appropriate.
4. A person appointed to a campus review board:
(a) Must be a resident of this State;
(b) Must not be employed as a peace officer;
(c) Must complete training relating to law enforcement before serving as a member of the campus review board, including, without limitation, training in the policies and procedures of the Police Department for the System, the provisions of chapter 284 of NRS, the regulations adopted pursuant thereto and NRS 289.010 to 289.120, inclusive, and the terms and conditions of employment of the peace officers of the System; and
(d) Shall serve without salary, but may receive from the System such per diem allowances and travel expenses as are authorized by the Board of Regents.
(Added to NRS by 2001, 1463; A 2005, 625)
NRS 396.3293 Campus review board: Limitation on jurisdiction; abridgement of rights of peace officer prohibited. A campus review board created pursuant to NRS 396.3291:
1. Does not have jurisdiction over any matter in which it is alleged that a crime has been committed.
2. Shall not abridge the rights of a peace officer of the Police Department for the System that are granted pursuant to a contract or by law.
(Added to NRS by 2001, 1464)
NRS 396.3295 Panel of campus review board: Membership; authority to refer complaint and review internal investigation concerning peace officer; Police Department required to provide personnel information; notice and opportunity for hearing on internal investigation; report of findings; proceedings closed to public; findings and recommendations are public records.
1. A campus review board created pursuant to NRS 396.3291 shall meet in panels to carry out its duties.
2. Members must be selected randomly to serve on a panel, and each panel shall select one of its members to serve as chair of the panel.
3. A panel of a campus review board may:
(a) Refer a complaint against a peace officer of the Police Department for the System who has served on the campus to the office of the Police Department for the System on the campus.
(b) Review an internal investigation of such a peace officer and make recommendations regarding any disciplinary action against the peace officer that is recommended by the office of the Police Department for the System on the campus, including, without limitation:
(1) Increasing or decreasing the recommended level of discipline; and
(2) Exonerating the peace officer who has been the subject of the internal investigation.
4. The Police Department for the System shall make available to a panel of a campus review board any information within a personnel file that is specific to a complaint against a peace officer of the Police Department for the System who has served on the campus, or any other material that is specific to the complaint.
5. When reviewing an internal investigation of a peace officer of the system pursuant to subsection 3, a panel of a campus review board shall provide the peace officer with notice and an opportunity to be heard. The peace officer may represent himself or herself at the hearing before the panel or be represented by an attorney or other person of his or her own choosing. The campus review board and the Police Department for the System are not responsible for providing such representation.
6. The chair of a panel of a campus review board shall report the findings and recommendations of the panel regarding disciplinary action to the office of the Police Department for the System on the campus, the president or other chief administrative officer of the campus and, upon request, the Board of Regents.
7. A proceeding of a panel of a campus review board must be closed to the public.
8. The findings and recommendations of a panel of a campus review board are public records unless otherwise declared confidential by state or federal law.
(Added to NRS by 2001, 1464)
NRS 396.3297 Panel of campus review board: Authority to administer oaths, take testimony, issue subpoenas and issue commissions to take testimony; enforcement of subpoena by court.
1. A panel of a campus review board created pursuant to NRS 396.3291 may:
(a) Administer oaths;
(b) Take testimony;
(c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel;
(d) Require the production of books, papers and documents specific to a complaint; and
(e) Issue commissions to take testimony.
2. If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.
(Added to NRS by 2001, 1464)
FINANCES
NRS 396.330 Acceptance of grants of land.
1. The State of Nevada hereby accepts the grants of lands made by the Government of the United States to this state, in the following Acts of Congress, upon the terms and conditions expressed in such acts, and agrees to comply therewith:
(a) “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503), as amended by “An Act extending the Time within which the States and Territories may accept the Grant of Lands made by the Act entitled ‘An Act donating public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,’ approved July second, eighteen hundred and sixty-two,” approved April 14, 1864 (c. 58, 13 Stat. 47), and as extended by “An act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86).
(b) “An Act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86).
2. The State of Nevada hereby accepts all grants of public lands made by the Government of the United States to this state prior to February 13, 1867, upon the terms and conditions so granted, as modified in “An act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86).
[1:101:1865] + [1:16:1867] + [2:16:1867] + [3:16:1867]
NRS 396.340 Acceptance of federal appropriations and grants; annual report.
1. The System was, and now is, established in accordance with the provisions of the Constitution of the State of Nevada, and also in accordance with the provisions of an Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503), and acts amendatory thereof or supplementary thereto.
2. The Board of Regents are the proper trustees of the System to receive and disburse all appropriations made to this State under the provisions of an Act of Congress entitled “An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and mechanic arts, established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two,” approved August 30, 1890 (c. 841, 26 Stat. 419), and all appropriations hereafter to be made under the Act.
3. The Board of Regents shall make a report at the end of each fiscal year, in connection with its annual report to the Governor, of other matters concerning the System, including the amounts received and disbursed under the provisions of this section. The Governor shall transmit all annual reports to the Legislature.
4. The Legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress, the title of which is recited in subsection 2, and agrees that the grants must be used only for the purposes named in the Act of Congress, or acts amendatory thereof or supplemental thereto.
[1:59:1891; C § 1416; RL § 4656; NCL § 7750] + [2:59:1891; C § 1417; RL § 4657; NCL § 7751] + [3:59:1891; C § 1418; RL § 4658; NCL § 7752] + [4:59:1891; C § 1419; RL § 4659; NCL § 7753]—(NRS A 1969, 1434; 1993, 345; 2005, 359)
NRS 396.350 Irreducible University Fund.
1. The moneys arising from the sale of the 72 sections of land granted this state by the Act of Congress entitled “An act concerning Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university, which sale was directed by the provisions of section 4 of chapter 85, Statutes of Nevada 1873, constitute a fund to be known as the Irreducible University Fund. The money in the Fund must be invested by the Board of Regents in United States bonds, bonds of this state, bonds of other states of the Union or bonds of any county in the State of Nevada. The investments are subject to such further restrictions and regulations as may be provided by law.
2. The interest only of the proceeds resulting from the investments described in subsection 1 must be used for the maintenance of the System, and any surplus interest must be added to the principal sum.
[Part 4:85:1873; A 1929, 61; NCL § 7746]—(NRS A 1993, 345)
NRS 396.360 Contingent University Fund. The interest derived from the Irreducible University Fund shall be and constitute a fund to be known as the Contingent University Fund.
[Part 4:85:1873; A 1929, 61; NCL § 7746]—(NRS A 1999, 427)
NRS 396.370 Appropriations for support and maintenance of System.
1. The following money is hereby set aside and inviolably appropriated for the support and maintenance of the System, and must be paid out for the purposes designated by law creating the several funds:
(a) The interest derived from the investment of all money from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled “An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts,” approved July 2, 1862 (c. 130, 12 Stat. 503).
(b) The interest derived from the investment of all money from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled “An act concerning certain Lands granted to the State of Nevada,” approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.
2. Additional state maintenance and support of the System must be provided by direct legislative appropriation from the General Fund, upon the presentation of budgets in the manner required by law.
[1:259:1913; A 1949, 288; 1943 NCL § 7740]—(NRS A 1957, 128; 1969, 1435; 1993, 345; 1999, 427)
NRS 396.380 Receipt and disbursement of money by Board of Regents; control of expenditures.
1. The members of the Board of Regents are the sole trustees to receive and disburse all money of the System for the purposes provided in NRS 396.370.
2. The Board of Regents shall control the expenditures of all money appropriated for the support and maintenance of the System and all money received from any other source.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728] + [Part 2:259:1913; 1919 RL p. 3208; NCL § 7741]—(NRS A 1993, 346)
NRS 396.381 Board of Regents authorized to delegate authority to sign contract for obligations not issued under University Securities Law; approval by Board of Regents; authorized investment of proceeds.
1. Before the sale or delivery by the System of an obligation to repay money in any form, other than an obligation issued under the University Securities Law, the Board of Regents may delegate to the Chancellor of the System or the Vice Chancellor for Finance of the System the authority to sign a contract for the sale or exchange of the obligation or to accept a binding bid for the obligation subject to the requirements specified by the Board of Regents concerning:
(a) The rate or rates of interest on the obligation;
(b) The dates on which and the prices at which the obligation may be prepaid before maturity;
(c) The price at which the obligation will be sold or the property for which the obligation will be exchanged;
(d) The principal amount of the obligation and the amount of principal and interest due on any specific dates; and
(e) Covenants to protect the owner of the obligation and the System that the Chancellor or the Vice Chancellor for Finance determines are necessary or desirable to obtain favorable terms for the System. A determination made pursuant to this paragraph, absent fraud or gross abuse of discretion, is conclusive.
2. All terms of the obligation other than:
(a) The rate or rates of interest;
(b) The dates and prices for the prepayment of the obligation;
(c) The price for the sale of the obligation or property for which it will be exchanged;
(d) The principal amount of the obligation;
(e) The requirements for the payment of principal and interest on specific dates; and
(f) Covenants to protect the owner of the obligation and the System that the Chancellor or the Vice Chancellor for Finance determines are necessary or desirable to obtain favorable terms for the System as provided in paragraph (e) of subsection 1,
Ê must be approved by the Board of Regents before the obligation is delivered.
3. The final rate or rates of interest, dates and prices of prepayments, price for the sale of the obligation or property for which it is exchanged, principal amount, requirements for payment of principal and interest on specific dates, and covenants as described in paragraph (e) of subsection 1, are not required to be approved by the Board of Regents if each of those terms complies with the requirements specified by the Board of Regents before the contract for the purchase or delivery of the obligation is signed or the bid for the obligation is accepted.
4. The proceeds of any money borrowed pursuant to this section may be invested as provided in NRS 396.861 and 396.8615.
(Added to NRS by 2007, 1901)
NRS 396.383 Accounts Payable Revolving Fund.
1. The Nevada System of Higher Education Accounts Payable Revolving Fund is hereby created. The Board of Regents may deposit the money of the Fund in one or more state or national banks or credit unions in the State of Nevada.
2. The chief business officer of each business center of the System shall:
(a) Pay from the fund such operating expenses of the System as the Board of Regents may by rule prescribe.
(b) Submit claims to the State Board of Examiners for money of the System on deposit in the State Treasury or elsewhere to replace money paid from the Nevada System of Higher Education Accounts Payable Revolving Fund.
(Added to NRS by 1961, 280; A 1969, 1435; 1971, 876; 1981, 899; 1993, 346; 1999, 1490; 2005, 360)
NRS 396.384 Collegiate License Plate Account.
1. The Collegiate License Plate Account is hereby created in the State General Fund.
2. The money in the Account does not lapse to the State General Fund at the end of any fiscal year.
3. The Board of Regents shall administer the Account.
4. The money in the Account must only be used for academic and athletic scholarships for students of the University of Nevada, Reno, and the University of Nevada, Las Vegas. One-half of the money must be used for academic scholarships, and one-half of the money must be used for athletic scholarships.
(Added to NRS by 1993, 1346)
NRS 396.385 Use of facsimile signature by chief business officer; conditions. The Board of Regents may authorize the chief business officer of each business center of the System to use a facsimile signature produced through a mechanical device in place of his or her handwritten signature whenever the necessity may arise, subject to the following conditions:
1. The mechanical device must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
2. The facsimile signature may only be used under the direction and supervision of the chief business officer of the business center.
3. The registered key to the mechanical device must be kept in a vault at all times when the key is not in use.
(Added to NRS by 1960, 38; A 1961, 281; 1965, 94; 1971, 877; 1981, 899; 1993, 346)
NRS 396.390 Claims: Procedure and payment.
1. Before payment, all claims of every name and nature involving the payment of money by or under the direction of the Board of Regents from funds set aside and appropriated must be passed upon by the State Board of Examiners.
2. The Board of Regents shall, with the approval of the Governor, require all officers and employees of the System whose duties, as prescribed by law, require the officers or employees to approve claims against any public funds to file the claims in the office of the Board of Regents for transmittal.
[12:37:1887; C § 1401; RL § 4650; NCL § 7737] + [Part 2:259:1913; 1919 RL p. 3208; NCL § 7741] + [1:87:1939; 1931 NCL § 5233]—(NRS A 1969, 1436; 1993, 347)
NRS 396.395 Establishment of electronic payment system for academic staff and employees; waiver of participation in payment system.
1. The Board of Regents may establish an electronic payment system to pay the salaries and wages of academic staff and employees of the System through the use of direct deposit.
2. If the Board of Regents establishes an electronic payment system pursuant to subsection 1, upon application by a member of academic staff or an employee, the Board of Regents may waive the participation of the member of academic staff or employee in the electronic payment system established pursuant to subsection 1 if:
(a) Participation in the electronic payment system by the member of academic staff or employee would cause the member of academic staff or employee to suffer undue hardship or extreme inconvenience; or
(b) The member of academic staff or employee does not have an account at a financial institution that accepts direct deposit.
3. As used in this section “direct deposit” means payment of the salary and wages of a person by causing the net amount of such person’s salary and wages to be deposited in an account maintained in a financial institution in the name of the person.
(Added to NRS by 2013, 2729)
NRS 396.400 Public inspection of accounts. The Board of Regents shall keep open to public inspection an account of receipts and expenditures.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]
UNIVERSITY FOUNDATIONS
NRS 396.405 Meetings; records; exemption from certain taxes; governing body; nondisclosure of contributors.
1. A university foundation:
(a) Shall comply with the provisions of chapter 241 of NRS;
(b) Except as otherwise provided in subsection 2, shall make its records public and open to inspection pursuant to NRS 239.010;
(c) Is exempt from the taxes imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection 13 of NRS 375.090; and
(d) May allow a president or an administrator of the university, state college or community college which it supports to serve as a member of its governing body.
2. A university foundation is not required to disclose the name of any contributor or potential contributor to the university foundation, the amount of his or her contribution or any information which may reveal or lead to the discovery of his or her identity. The university foundation shall, upon request, allow a contributor to examine, during regular business hours, any record, document or other information of the foundation relating to that contributor.
3. As used in this section, “university foundation” means a nonprofit corporation, association or institution or a charitable organization that is:
(a) Organized and operated primarily for the purpose of fundraising in support of a university, state college or a community college;
(b) Formed pursuant to the laws of this State; and
(c) Exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).
(Added to NRS by 1993, 2623; A 2003, 3492; 2003, 20th Special Session, 206; 2005, 360, 963; 2009, 2290; 2011, 1356)
PROPERTY; CAPITAL IMPROVEMENTS; EQUIPMENT; MATERIALS AND SUPPLIES
NRS 396.420 Acceptance of property.
1. The Board of Regents may accept and take in the name of the System, for the benefit of any branch or facility of the System, by grant, gift, devise or bequest, any property for any purpose appropriate to the System.
2. Property so acquired must be taken, received, held, managed, invested, and the proceeds thereof used, bestowed and applied by the Board of Regents for the purposes, provisions and conditions prescribed by the respective grant, gift, devise or bequest.
3. Nothing in this chapter prohibits the State of Nevada from accepting and taking by grant, gift, devise or bequest any property for the use and benefit of the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1969, 1436; 1993, 347)
NRS 396.425 Purchase of real property.
1. The Board of Regents may purchase real property for cash or by making a cash down payment and executing or assuming an obligation to pay the remainder of the price in deferred installments.
2. Such obligation may be secured by a mortgage or deed of trust of the real property acquired, but shall not constitute an obligation of the State of Nevada.
(Added to NRS by 1967, 1094)
NRS 396.430 Sale and lease of property; use of proceeds.
1. The Board of Regents may sell or lease any property granted, donated, devised or bequeathed to the System if:
(a) The sale or lease is not prohibited by or inconsistent with the provisions or conditions prescribed by the grant, gift, devise or bequest; and
(b) The sale or lease is approved by the Governor.
2. The proceeds and rents from the sale or lease must be held, managed, invested, used, bestowed and applied by the Board of Regents for the purposes, provisions and conditions prescribed by the original grant, gift, devise or bequest of the property so sold or leased.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1973, 388; 1993, 347)
NRS 396.431 Disclosure required for sale, lease, transfer, conveyance or exchange of land with domestic or foreign limited-liability company.
1. If the System sells, leases, transfers or conveys land to, or exchanges land with, a domestic or foreign limited-liability company, the Board of Regents shall require the domestic or foreign limited-liability company to submit a disclosure to the Board of Regents setting forth the name of any person who holds an ownership interest of 1 percent or more in the domestic or foreign limited-liability company. The disclosure must be made available for public inspection upon request.
2. As used in this section, “land” includes all lands, including improvements and fixtures thereon, lands under water, all easements and hereditaments, corporeal or incorporeal, and every estate, interest and right, legal or equitable, in lands or water, and all rights, interests, privileges, easements, encumbrances and franchises relating to the same, including terms for years and liens by way of judgment, mortgage or otherwise.
(Added to NRS by 2005, 2209)
NRS 396.432 Disposition of unclaimed property. Any property which is in the possession of any authorized agent of the System and which is not claimed within 1 year by the owner of the property or the owner’s authorized agent or representative must be disposed of by the System in the following manner:
1. Money may be forfeited to the System;
2. Personal property may be sold at public auction and the proceeds forfeited to the System; and
3. Any property not otherwise disposed of as provided in this section must be donated to a charitable institution.
(Added to NRS by 1969, 407; A 1969, 1448; 1993, 347)
NRS 396.433 Fidelity and other insurance.
1. The Board of Regents may budget for and purchase fidelity insurance and insurance against:
(a) Any liability arising under NRS 41.031.
(b) Tort liability on the part of any of its employees resulting from an act or omission in the scope of his or her employment.
(c) The expense of defending a claim against itself whether or not liability exists on such claim.
2. Such insurance shall be limited in amount according to the limitation of liability imposed by NRS 41.035 and shall be purchased from companies authorized to do business in the State of Nevada.
3. Each contract of insurance shall be free of any condition of contingent liability and shall contain a clause which provides that no assessment may be levied against the insured over and above the premium fixed by such contract.
(Added to NRS by 1959, 404; A 1967, 107)
NRS 396.435 Regulations governing traffic on System’s property; publication; filing; penalty.
1. The Board of Regents may by affirmative vote of a majority of its members adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property owned or used by the System.
2. The regulations have the force and effect of law.
3. A copy of every such regulation, giving the date that it takes effect, must be filed with the Secretary of State, and copies of the regulations must be published immediately after adoption and issued in pamphlet form for distribution to faculty and students of the System and to the general public.
4. A person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.
(Added to NRS by 1959, 241; A 1969, 1436; 1993, 348)
NRS 396.436 Maintenance and delivery of records and controls for inventory. The Board of Regents shall cause perpetual inventory records and controls to be maintained for all equipment, materials and supplies stored or used by or belonging to the System. Copies of current inventory records and controls must be delivered to the Administrator of the Purchasing Division of the Department of Administration, and the copies must satisfy the requirements of NRS 333.220.
(Added to NRS by 1967, 62; A 1973, 1474; 1993, 348, 1597; 1995, 579; 1997, 471)
NRS 396.4365 Maintenance and availability of material safety data sheet for hazardous materials used on buildings or grounds of campus.
1. The Board of Regents shall ensure that each university, state college and community college within the System:
(a) Maintains at the university, state college or community college a material safety data sheet for each hazardous chemical used on the buildings or grounds of the university, state college or community college;
(b) Complies with any safety precautions contained in those sheets; and
(c) Makes those sheets available to all the personnel of the university, state college or community college and the parents of each student attending the university, state college or community college.
2. For the purposes of this section, “material safety data sheet” has the meaning ascribed to it in 29 C.F.R. § 1910.1200.
(Added to NRS by 1997, 3354; A 2005, 360)
NRS 396.437 Recycling of paper, paper products, electronic waste and other recyclable materials; regulations and procedures; exception; deposit of money received.
1. Except as otherwise provided in this section, the System shall recycle or cause to be recycled the paper, paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:
(a) Construction and demolition waste; or
(b) Confidential documents if there is an additional cost for recycling those documents.
2. Before recycling electronic waste, the System shall permanently remove any data stored on the electronic waste.
3. The System is not required to comply with the requirements of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper, paper products, electronic waste and other recyclable materials produced by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.
4. Except as otherwise provided in this subsection, the Board of Regents shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the System. This subsection does not apply to construction and demolition waste.
5. Any money received by the System for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be:
(a) Accounted for separately; and
(b) Used to carry out the provisions of this section.
6. As used in this section:
(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115.
(b) “Paper” has the meaning ascribed to it in NRS 444A.0123.
(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126.
(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
(Added to NRS by 1991, 907; A 1993, 348; 1999, 3184; 2009, 835; 2019, 2220)
NRS 396.438 Disposal of electronic waste.
1. Before disposing of electronic waste, the System shall permanently remove any data stored on the electronic waste.
2. As used in this section, “electronic waste” means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
(Added to NRS by 2019, 2578)
PROGRAMS OF INSTRUCTION, RESEARCH AND CLINICAL SERVICES
NRS 396.440 Course of study, terms and vacations. The Board of Regents may prescribe the course of study, the commencement and duration of the terms, and the length of the vacations for the System.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]—(NRS A 1993, 349)
NRS 396.500 Instruction in United States Constitution and Nevada’s Constitution; examination.
1. Instruction within the System must be given in the essentials of the Constitution of the United States and the Constitution of the State of Nevada, including the origin and history of the Constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 must be given during at least 1 year of the college grades.
3. The System shall not issue a certificate or diploma of graduation to a student who has not passed a satisfactory examination upon the Constitutions.
[10.6:37:1887; added 1956, 199]—(NRS A 1993, 349)
NRS 396.504 Regents encouraged to examine and audit efficiency and educational opportunities, review mission and parity among institutions and implement certain measures; annual report to Legislature.
1. The Legislature hereby encourages the Board of Regents to:
(a) Examine and audit the function, strengths and most efficient use of the facilities, resources and staff of each institution to address the needs of the students of the System.
(b) Review periodically their mission for higher education, as the number of institutions within the System expands and the focus of each institution is defined and further redefined, to determine whether there is unnecessary duplication of programs or courses within the System which might be more appropriate for a different institution.
(c) Examine and audit the educational opportunities, programs and services offered by the institutions within the System to ensure that those opportunities, programs and services are tailored appropriately to:
(1) The different categories of students and prospective students having varied aptitudes, aspirations and educational needs, including, without limitation, students who are veterans;
(2) The jobs and industries likely to be employing the students; and
(3) The state economic development plan.
(d) Insofar as is practicable to achieve the goals set forth in paragraphs (a), (b) and (c), implement measures pursuant to which the educational needs of students and prospective students will be met by:
(1) Providing:
(I) Programs of remedial education, continuing education and entry-level higher education at community colleges.
(II) Programs of baccalaureate-level higher education at state colleges.
(III) Programs of baccalaureate-level higher education in other disciplines and graduate-level higher education and research at universities and the Desert Research Institute.
(2) Fostering a culture that recognizes the unique challenges of students who are veterans and works to accommodate the transition of those students to higher education by collecting, tracking and sharing data concerning those students.
(e) On or before September 1 of each year, provide a report of its findings and any adjustments made and actions taken as a result of those findings to the Director of the Legislative Counsel Bureau for transmission to the Interim Finance Committee and the next regular session of the Nevada Legislature.
2. The System is encouraged to review the core curriculum at each institution to determine whether there is parity among the institutions of the System.
(Added to NRS by 2005, 1095; A 2011, 192; 2015, 54)
NRS 396.505 Comprehensive plan for new programs and expansions of existing programs of instruction, public service and research; presentation of revised plan to Legislature.
1. The Board of Regents shall prepare a comprehensive plan for the next 4 years which explains:
(a) Any anticipated new programs and expansions of existing programs of instruction, public service or research, itemized by year and by purpose;
(b) The anticipated cost of each new or expanded program described under paragraph (a);
(c) The amount and source of any money anticipated to be available, from sources other than legislative appropriation, to meet each item of anticipated cost listed pursuant to paragraph (b); and
(d) Any further information concerning its comprehensive planning which the Board of Regents may deem appropriate.
2. The Board of Regents shall biennially bring the plan up to date for the ensuing 4 years, and shall present the revised plan to the Legislature not later than February 1 of each odd-numbered year.
(Added to NRS by 1967, 1380; A 1973, 313; 1993, 349)
NRS 396.509 Establishment of statewide standards for awarding credit for military education, training or occupational experience; applicability of credit towards degree or certificate.
1. The Board of Regents or its designee shall, in consultation with the State approving agency designated pursuant to 38 U.S.C. § 3671 and the American Council on Education, establish statewide standards for awarding credit for military education, training or occupational experience. Such standards must include, without limitation, the:
(a) Identification of any military education, training or occupational experience listed on a Joint Services Transcript or an Air University or Community College of the Air Force transcript for which credit must be awarded;
(b) Amount of credit that will be awarded for the completion of such education, training or occupational experience; and
(c) Specific academic program in a community college, state college or university to which such credit is applicable.
2. Credit earned by a student for military education, training or occupational experience must be applicable toward the course work required of the student for the award of an associate’s degree, baccalaureate degree or certificate at any university, state college or community college.
(Added to NRS by 2017, 4374)
NRS 396.514 Instruction in essentials of green building construction and design. Instruction within the System must be given in the essentials of green building construction and design to assist students in preparing for the Leadership in Energy and Environmental Design Professional Accreditation Exam or its equivalent.
(Added to NRS by 2005, 22nd Special Session, 72)
NRS 396.515 Instruction in ecology and environmental protection; inclusion in program for education of teachers. Instruction within the System must be given in the essentials of ecology and environmental protection. Such instruction must be included in the program developed by the System for the education of teachers.
(Added to NRS by 1971, 1187; A 1993, 349)
NRS 396.516 Uniform course of study and policies and procedures on teaching American Sign Language. The Board of Regents may approve a uniform course of study and develop policies and procedures on the teaching of American Sign Language in the System.
(Added to NRS by 1995, 150; A 2005, 360)
NRS 396.517 Program to educate and train persons for work in nursing home.
1. The Board of Regents may plan for and establish a model program to educate and train persons for work in a nursing home.
2. The program must be developed and administered through the community colleges and the University of Nevada School of Medicine.
3. The Board of Regents may carry out the program through a joint venture with one or more nursing homes, but the Board of Regents must have final authority to direct and supervise the program.
4. The Board of Regents may apply for any available grants and accept any gifts, grants or donations for the support of the program.
(Added to NRS by 1991, 1570)
NRS 396.518 Development of curriculum and standards for degree in dental hygiene or public health dental hygiene. The Board of Regents may, to the extent that money is available, develop the curriculum and standards required for a student in the System to earn a bachelor of science degree in dental hygiene or a master’s degree in public health dental hygiene.
(Added to NRS by 2001, 2691)
NRS 396.5185 Eligibility for grant to establish Nevada Institute on Teaching and Educator Preparation; authorization to accept money, property or services and support participating student; application to establish Institute.
1. A college or university within the System is eligible to apply to the State Board for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation.
2. The Nevada Institute on Teaching and Educator Preparation shall:
(a) Establish a highly selective program for the education and training of teachers that:
(1) Recruits promising students pursuing teaching degrees from inside and outside this State, with priority given to students from inside this State;
(2) Upon completion of the program, makes a student eligible to obtain a license to teach pupils in a program of early childhood education, kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State;
(3) Is thorough and rigorous and provides a student with increasing professional autonomy and responsibility;
(4) Allows a student to obtain experience in schools that serve high populations of pupils with disabilities or who are at risk or have other significant needs;
(5) Provides, in a manner that is aligned to the demographics of pupils in this State, the skills and knowledge necessary to teach the diverse population of pupils in this State;
(6) Identifies opportunities for placement of students who complete the program in public schools throughout this State; and
(7) Provides instruction concerning the most contemporary and effective pedagogies, curricula, technology and behavior management techniques for teaching;
(b) Identify a target number of students to be selected for participation in the program each year, which must be not less than 25 students;
(c) Establish requirements for each person who has completed the program to serve as a mentor to future students selected for the program and collaborate with the program to build a community among students participating in the program and persons who have completed the program;
(d) Conduct innovative and extensive research concerning approaches and methods used to educate and train teachers and to teach pupils, including, without limitation, pupils with disabilities or pupils who are at risk or have other significant needs; and
(e) Continually evaluate, develop and disseminate approaches to teaching that address the variety of settings in which pupils in this State are educated.
3. The Nevada Institute on Teaching and Educator Preparation may:
(a) Apply for and accept any gift, donation, bequest, grant or other source of money, or property or service provided in kind, for carrying out the duties of the Nevada Institute on Teaching and Educator Preparation; and
(b) Support a student who is participating in the program by allocating money to the student or reimbursing the student for the costs of obtaining a teaching degree or a license to teach pupils.
4. An application to establish the Nevada Institute on Teaching and Educator Preparation pursuant to subsection 1 must demonstrate the ability of the applicant to:
(a) Meet the requirements of subsection 2;
(b) Provide additional money for the establishment and operation of the Institute that matches the grant of money awarded by the State Board; and
(c) Sustain and expand the Institute over time.
5. As used in this section, “pupil ‘at risk’ ” has the meaning ascribed to it in NRS 388A.045.
(Added to NRS by 2017, 4372; A 2019, 2020)
NRS 396.519 Program of student teaching and practicum. The Board of Regents shall establish a program of student teaching and practicum which requires a division of the System to enter into agreements with the school districts in this state for the assignment of university students for training purposes as student teachers, counselors or trainees in a library.
(Added to NRS by 1993, 1239; A 1995, 558)
NRS 396.5195 Cooperation of Regents to ensure program designed to educate teachers includes instruction in academic standards required in high school. The Board of Regents shall, in cooperation with the State Board and the Council to Establish Academic Standards for Public Schools, ensure that students enrolled in a program developed by the System for the education of teachers are provided instruction regarding the standards of content and performance required of pupils enrolled in high schools in this State.
(Added to NRS by 2005, 1095)
NRS 396.5198 Course of study for obtaining endorsement to teach financial literacy: Personal finance portfolio or transition plan; application for Teach Nevada Scholarship to offset costs.
1. If the System offers a course of study for obtaining an endorsement to teach courses relating to financial literacy, the course must require students in the course of study to create a personal finance portfolio or transition plan, which must include, without limitation, details relating to housing, health insurance and postsecondary education and financial aid resources.
2. A student in a course of study offered pursuant to subsection 1 may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Teach Nevada Scholarship Program Account created pursuant to NRS 391A.575 to offset the costs of completing a course of study offered pursuant to subsection 1.
(Added to NRS by 2019, 1993; A 2021, 1132)
NRS 396.5199 Training in computer literacy and computer science required for person studying to become teacher. All persons who are studying to become a teacher must receive appropriate education and training in computer literacy and computer science.
(Added to NRS by 2019, 2700; A 2021, 1133)
NRS 396.521 Genetics program: Establishment.
1. The Board of Regents, in cooperation with the Division of Public and Behavioral Health of the Department of Health and Human Services, may establish a genetics program to provide clinical genetic and diagnostic services to residents of Nevada who have or may have a hereditary, chromosomal or multifactorial disorder.
2. The University of Nevada School of Medicine must provide consultation and other appropriate services to the genetics program.
(Added to NRS by 1991, 2065; A 1993, 349)
NRS 396.523 Genetics program: Provision of services. The genetics program must provide the following services:
1. Genetic counseling;
2. Proband evaluation;
3. Screening for hereditary disorders;
4. Laboratory testing for analysis of chromosomes and other specialized diagnostic procedures to detect hereditary disorders;
5. Medical management of hereditary disorders;
6. Specialized prenatal diagnostic techniques;
7. Appropriate follow-up and referral services;
8. Educational programs for providers of health care and the community; and
9. Maintenance of a registry for research and evaluation.
(Added to NRS by 1991, 2065)
NRS 396.524 Genetics program: Eligibility; determination of ability to pay.
1. Any person residing in Nevada is eligible for services through the genetics program. A person must not be denied services through the genetics program because of his or her inability to pay for the services.
2. A determination of ability to pay must be based on the following factors:
(a) Resources of the person, including hospital and medical insurance;
(b) Other available sources of payment, including any governmental aid for medically indigent persons;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
(Added to NRS by 1991, 2066)
NRS 396.525 Genetics program: Confidentiality of records and information; exceptions.
1. Except as otherwise provided in subsection 2 and NRS 239.0115 and 439.597, the records of the genetics program concerning the clients and families of clients are confidential.
2. The genetics program may share information in its possession with the University of Nevada School of Medicine and the Division of Public and Behavioral Health of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.
(Added to NRS by 1991, 2066; A 2007, 1979, 2102)
NRS 396.526 Genetics program: Qualifications of personnel; exemption.
1. The genetics program must include a geneticist and a cytogeneticist and such other personnel as determined by the Board of Regents and the Division of Public and Behavioral Health of the Department of Health and Human Services.
2. Except as otherwise provided in subsection 3:
(a) The clinical services provided by the genetics program must be supervised by a geneticist who is certified or eligible to be certified by the American Board of Medical Genetics and who is a physician licensed in this State.
(b) A cytogeneticist employed by the genetics program must be certified or eligible to be certified by the American Board of Medical Genetics and:
(1) Be a licensed physician; or
(2) Have a degree of doctor of philosophy in a medical or biological science from an accredited college or university and experience in cytogenetics as approved by the University of Nevada School of Medicine.
3. The State Board of Health may exempt a geneticist or a cytogeneticist employed by the genetics program from the requirements provided in subsection 2 upon receipt of clear and convincing evidence that hiring a geneticist or a cytogeneticist with qualifications other than those required by subsection 2 substantially complies with the intent of the law and is in the interest of the safety of the public.
(Added to NRS by 1991, 2066; A 1993, 350)
NRS 396.527 Genetics program: Powers of Board of Regents. The Board of Regents may:
1. Apply for any matching money available for the genetics program from the Federal Government or any other source and accept any gifts, grants or donations for the support of the program.
2. Adopt regulations necessary to carry out the provisions of NRS 396.521 to 396.527, inclusive.
3. Receive, invest, disburse and account for all money received from the Federal Government or any other source for the genetics program.
(Added to NRS by 1991, 2066)
NRS 396.528 Energy efficiency and renewable energy: Programs of study; joint venture with public and private entities authorized; acceptance of gifts and grants.
1. The Board of Regents may plan for and establish programs for the study of energy efficiency and renewable energy resources within the System.
2. The Board of Regents may carry out a program established pursuant to this section through a joint venture with one or more public or private entities, but the Board of Regents must have final authority to direct and supervise the program.
3. The Board of Regents may apply for any available grants and accept any gifts, grants or donations for the support of a program for the study of energy efficiency and renewable energy resources established pursuant to this section.
(Added to NRS by 2009, 817)
NRS 396.529 Energy efficiency and renewable energy: Programs designed to improve ability of students in certain fields of study to serve renewable energy industry in this State. To the extent money is available, the Board of Regents shall establish within the fields of science, engineering, business administration and political science within the System programs designed to improve the ability of students in those fields to serve the renewable energy industry in this State.
(Added to NRS by 2009, 1407)
NRS 396.5295 Energy efficiency and renewable energy: Duties of Nevada Renewable Energy Integration and Development Consortium of the System. To the extent money is available, the Nevada Renewable Energy Integration and Development Consortium of the Nevada System of Higher Education or its successor organization shall:
1. Serve as a resource of information concerning research that is conducted relating to renewable energy and energy efficiency in this State.
2. Work with the Nevada Institute for Renewable Energy Commercialization or its successor organization to establish a mechanism for transferring technology to the marketplace, including, without limitation, within the limits of available grant money, establishing support for start-up energy technology businesses and ensuring the appropriate protection of intellectual property.
3. Provide information concerning renewable energy and energy efficiency to the Office of Energy.
(Added to NRS by 2009, 1407)
STUDENTS; TUITION; GRADUATION; DIPLOMAS AND TRANSCRIPTS
NRS 396.530 Discrimination in admission prohibited.
1. The Board of Regents shall not discriminate in the admission of students on account of national origin, religion, age, physical disability, sex, sexual orientation, gender identity or expression, race or color.
2. As used in this section:
(a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
(b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
[9:37:1887; C § 1398; RL § 4647; NCL § 7734]—(NRS A 1987, 290; 1993, 2165; 2017, 1073; 2021, 1718)
NRS 396.5305 Certain high school courses in computer science to meet certain prerequisites for college; approval of computer science course.
1. If the Board of Regents adopts rules that require a student to successfully complete courses in mathematics or science before being admitted to an institution within the System, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward a requirement to successfully complete a course in:
(a) Science, if the student successfully completed two units of credit in science; or
(b) Mathematics, if the student successfully completed three units of credit in mathematics and successfully completed Algebra II.
2. The State Board shall approve a course in computer science for the purposes of paragraph (b) of subsection 1 if the State Board deems the mathematics component of the course to be sufficiently rigorous.
(Added to NRS by 2017, 4341)
NRS 396.531 Report concerning academic programs, completion of degree and certificate programs and employment within field of study; submission to Legislature. The Board of Regents shall, on or before February 1 of each odd-numbered year submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature which includes:
1. By institution within the System and by each academic program at the institution:
(a) The number of students who enter the academic program;
(b) The percentage of students who complete the academic program; and
(c) The average length of time for completion of the academic program to obtain a degree or certificate.
2. A comparison of the data which is reported pursuant to subsection 1 with available national metrics measuring how states throughout the country rank in the completion of academic programs leading to a degree or certificate and the average time for completion of those programs.
3. Initiatives undertaken by the Board of Regents to increase the rate of students who complete degree and certificate programs, including initiatives to shorten the time to complete those programs.
4. The number and percentage of students who have obtained employment within their field of study in this State, and the average starting salary, which must be reported by institution within the System and by each academic program at the institution. The data must be:
(a) Matched with industries identified in state economic development goals to determine whether students who graduated and obtained a degree or certificate are finding employment in those industries in this State; and
(b) Based upon the employment and wage information provided by the Director of the Department of Employment, Training and Rehabilitation pursuant to NRS 232.920.
5. Initiatives undertaken by the Board of Regents to align the degree and certificate programs offered by the institutions within the System with the economic development goals identified by the Office of Economic Development.
(Added to NRS by 2011, 2500)
NRS 396.532 Report concerning participation of ethnic and racial minorities, women and other protected classes in System; submission to Legislature; availability to general public.
1. The Board of Regents of the University of Nevada shall, not later than February 1 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, a report concerning the participation of ethnic and racial minorities, women and other members of protected classes in the System. The report must cover each of the immediately preceding 2 academic years.
2. The Board shall make the report submitted pursuant to subsection 1 available to the general public, including publishing it on the website maintained by the System.
3. The report must include, but is not limited to:
(a) The number of students divided by ethnic category;
(b) The number of employees divided by ethnic category and occupational classification, as defined by the National Center for Education Statistics;
(c) The number of students divided by gender;
(d) The number of employees divided by gender and occupational classification, as defined by the National Center for Education Statistics;
(e) Any information necessary to determine the impact of policy changes on the number of protected classes specified in subsection 1 who are enrolled at or employed by the System;
(f) The efforts of each institution to increase the enrollment in underrepresented ethnic and racial categories through outreach programs and recruitment to maintain levels of minority enrollment comparable to the distribution of the population of the State; and
(g) The efforts of each institution to retain and graduate students in underrepresented ethnic and racial categories through retention and other related programs.
(Added to NRS by 2009, 568)
NRS 396.533 Access to all library facilities within System. A student who is enrolled in a university, state college or community college within the System must be granted access to all the library facilities that are available to students enrolled in any of the institutions within the System and must be adequately informed of the library services that are available.
(Added to NRS by 2005, 1096)
NRS 396.535 Form required for informed consent of students concerning release or disclosure of personally identifiable information.
1. The Board of Regents shall prescribe a form that provides for the informed consent of students concerning the directory information that a university, university foundation, state college or community college, as applicable, makes public. The form must:
(a) Allow each student a reasonable opportunity to indicate whether the student opts not to authorize the release or disclosure of personally identifiable information concerning the student for:
(1) Commercial purposes, without the prior written consent of the student;
(2) Noncommercial purposes, without the prior written consent of the student; or
(3) Both commercial and noncommercial purposes, without the prior written consent of the student.
(b) Inform the student that:
(1) If the student does not return the form indicating that his or her personally identifiable information must not be released or disclosed, then it is probable that the information will be released or disclosed.
(2) If the student returns the form indicating that his or her personally identifiable information must not be released or disclosed, then the university, university foundation, state college or community college, as applicable, will not release or disclose the information without the student’s prior written consent.
(c) Be included with the other forms required for admission to the university, state college or community college, as applicable.
2. Except as otherwise required by federal law, a university, university foundation, state college or community college shall not release, disclose or otherwise use any personally identifiable information concerning a student without the prior written consent of the student for:
(a) Commercial or noncommercial purposes if the student has returned a form indicating that the student does not authorize release or disclosure for those purposes without his or her consent;
(b) Commercial purposes if the student has returned a form indicating that the student does not authorize release or disclosure for those purposes without his or her consent; or
(c) Noncommercial purposes if the student has returned a form indicating that the student does not authorize release or disclosure for those purposes.
3. As used in this section:
(a) “Commercial purposes” means the use of directory information by any person, including, without limitation, a corporation or other business, outside of the System to solicit or provide facilities, goods or services in exchange for the payment of any purchase price, fee, contribution, donation or other valuable consideration.
(b) “Directory information” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(5)(A).
(c) “Personally identifiable information” means information that may be used to identify a person, including, without limitation, the name, address, telephone number, date of birth, and directory information of a person.
(d) “University foundation” has the meaning ascribed to it in NRS 396.405.
(Added to NRS by 2003, 2486)
NRS 396.540 Charges for tuition; exemptions; prohibition against denial of exemptions to certain students.
1. For the purposes of this section:
(a) “Bona fide resident” shall be construed in accordance with the provisions of subsections 5 and 6, NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification “bona fide” is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) “Matriculation” has the meaning ascribed to it in regulations adopted by the Board of Regents.
(c) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:
(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;
(c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:
(1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or
(2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student is admitted to an institution of the System if such students enroll and maintain continuous enrollment at an institution of the System;
(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(8);
(e) All public school teachers who are employed full-time by school districts in the State of Nevada;
(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;
(g) Employees of the System who take classes other than during their regular working hours;
(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;
(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;
(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged;
(k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart;
(l) All students who are:
(1) Veterans using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive, and became eligible for such benefits on or after January 1, 2013; or
(2) Spouses or dependents using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive;
(m) All students who are using Survivors’ and Dependents’ Educational Assistance pursuant to 38 U.S.C. §§ 3500 to 3566, inclusive;
(n) Students who graduated from a high school located in this State or who successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 if the assessment was administered in this State, regardless of whether the student or the family of the student have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System; and
(o) All students who have been granted a waiver pursuant to NRS 396.5449.
3. The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States than the exemptions provided pursuant to subsection 2, if required for the receipt of federal money.
4. The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
5. The Board of Regents shall not deny an exemption from tuition charges provided pursuant to subsection 2 to a student on the basis that the student is not lawfully present in the United States if the student has been granted temporary protected status by the United States Citizenship and Immigration Services of the United States Department of Homeland Security.
6. The Board of Regents shall not deny an exemption from tuition charges provided pursuant to:
(a) Paragraphs (a) and (b) of subsection 2 to a student on the basis that the student is not lawfully present in the United States if the student has received a grant of deferred action from the United States Department of Homeland Security and:
(1) The provisions of 8 U.S.C. § 1623 are repealed, held to be invalid or otherwise cease to have effect; or
(2) The Attorney General of this State issues a finding that such a student would be considered lawfully present in the United States for the purposes of 8 U.S.C. § 1623.
(b) Paragraphs (c) to (o), inclusive, of subsection 2 to a student on the basis that the student is not lawfully present in the United States if the student has received a grant of deferred action from the United States Department of Homeland Security.
[10:37:1887; A 1921, 7; 1945, 258; 1943 NCL § 7735]—(NRS A 1959, 285; 1963, 78; 1965, 214; 1969, 1436; 1975, 1517; 2005, 361, 1421; 2009, 2291; 2013, 3229; 2015, 54; 2017, 2; 2019, 1949; 2021, 999, 2562, 3683; 2023, 1869, 2660)
NRS 396.542 Regents authorized to adjust tuition, registration and other fees based upon demand or costs; establishment of program for scholarships and reduced fees for economically disadvantaged students; annual report to Legislature.
1. In fixing a tuition charge for students at any campus of the System as provided by NRS 396.540 and in setting the amount of registration fees and other fees which are assessed against students, the Board of Regents may provide for the adjustment of the amount of the tuition charge or registration fee or other fee based on the demand for or the costs of carrying out the academic program or major for which the tuition charge, registration fee or other fee is assessed, including, without limitation, the costs of professional instruction, laboratory resources and other ancillary support.
2. If the Board of Regents provides for the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1, the Board of Regents shall establish a program to authorize scholarships and reduced fees for students who are economically disadvantaged and who are enrolled in academic programs or majors for which the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1 results in an increase in the costs of enrollment in such programs or majors.
3. If the Board of Regents provides for the adjustment of tuition charges, registration fees or other fees in the manner authorized by subsection 1, the Board of Regents shall, on or before February 1 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission if the Legislature is not in session, which must, without limitation:
(a) Identify the demand for each academic program and major;
(b) Identify the costs of providing each academic program and major; and
(c) Include a schedule of all tuition charges, registration fees and other fees assessed for each academic program and major.
4. As used in this section, “tuition charge” has the meaning ascribed to it in NRS 396.540.
(Added to NRS by 2011, 2500)
NRS 396.543 Reciprocal agreement with another state for full or partial waiver of tuition.
1. The Board of Regents may enter into an agreement with another state for the granting of full or partial waivers of the nonresident tuition to residents of the other state who are students at or are eligible for admission to any branch of the System if the agreement provides that, under substantially the same circumstances, the other state will grant reciprocal waivers to residents of Nevada who are students at or are eligible for admission to universities or colleges in the other state.
2. Each agreement must specify:
(a) The criteria for granting the waivers; and
(b) The specific universities, state colleges and community colleges for which the waivers will be granted.
3. The Board of Regents shall provide by regulation for the administration of any waivers for which an agreement is entered into pursuant to subsection 1.
4. The waivers granted pursuant to this section must not be included in the number of waivers determined for the purpose of applying the limitation in subsection 4 of NRS 396.540.
(Added to NRS by 1983, 1043; A 1993, 350; 2005, 361; 2013, 3230)
NRS 396.544 Waiver of fees for members of Nevada National Guard; assignment to spouse or child; eligibility for waiver; verification of membership in Guard; reimbursement upon failure of recruit to enter Guard.
1. The Board of Regents of the University of Nevada may grant a waiver of registration fees and laboratory fees for any member of the active Nevada National Guard, including, without limitation, a recruit, who attends a school within the System as a full-time or part-time student.
2. A member of the active Nevada National Guard who has reenlisted may, in lieu of using the waiver himself or herself and regardless of whether the member was granted a waiver pursuant to this section before reenlistment:
(a) Assign such a waiver to his or her spouse or child for credits applicable toward the course work required for the award to the spouse or child of an associate’s degree, baccalaureate degree or certificate at any school within the System.
(b) Reassign such a waiver to his or her spouse or child, as applicable, if the person to whom the waiver was assigned pursuant to paragraph (a) does not use the waiver to attend a school within the System as a full-time or part-time student.
Ê For each period of reenlistment of a member, the benefit provided pursuant to this subsection may only be used by one eligible person.
3. For the purpose of assessing fees and charges against a person to whom a waiver is granted, assigned or reassigned pursuant to subsection 1 or 2, including, without limitation, tuition charges pursuant to NRS 396.540, such a person shall be deemed to be a bona fide resident of this State.
4. A person must be a member in good standing of the active Nevada National Guard, including, without limitation, a recruit, at the beginning of and throughout the entire semester for which the waiver is granted.
5. A person to whom a waiver is granted, assigned or reassigned pursuant to subsection 1 or 2 must maintain at least a 2.0 grade point average, on a 4.0 grading scale, each semester for which the waiver is granted, assigned or reassigned, or the equivalent of a 2.0 grade point average if a different grading scale is used.
6. The Board of Regents may request the Adjutant General to verify the membership in the active Nevada National Guard of a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1.
7. The Adjutant General shall:
(a) Upon receiving a request from the Board of Regents pursuant to subsection 6, notify the Board of Regents in writing concerning the status and dates of membership of a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1.
(b) Maintain a record of any waiver that has been granted, assigned or reassigned pursuant to subsection 1 or 2 and the person to whom the waiver was assigned or reassigned.
(c) Before the beginning of each semester, certify in writing to the Board of Regents that a waiver has been properly assigned or reassigned to the person seeking to use the waiver to attend a school within the System.
8. If a waiver is granted pursuant to subsection 1 for a recruit and the recruit does not enter full-time National Guard duty within 1 year after enlisting, the recruit shall reimburse the Board of Regents for all registration fees and laboratory fees waived on behalf of the recruit if the recruit’s failure to enter full-time National Guard duty is attributable to his or her own conduct.
9. As used in this section:
(a) “Full-time National Guard duty” has the meaning ascribed to it in 32 U.S.C. § 101(19).
(b) “Recruit” means a person who has enlisted in the Nevada National Guard but has not begun his or her required military duty.
(c) “Spouse” includes a domestic partner as set forth in NRS 122A.200.
(Added to NRS by 2003, 20th Special Session, 271; A 2005, 583; 2021, 2117)
NRS 396.5442 Waiver of fees for child, widow or widower of person killed while performing duties as member of Nevada National Guard; eligibility; verification of membership in Guard.
1. The Board of Regents may grant a waiver of registration fees and laboratory fees for a child, widow or widower of a person who was killed while performing his or her duties as a member of the Nevada National Guard. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.
2. A person is eligible for a waiver pursuant to subsection 1 if the person maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.
3. A child may use a waiver granted pursuant to this section for 10 years after the child attains the age of 18 years or, if the child enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment. A widow or widower may use a waiver granted pursuant to this section for 10 years after the date of the death of the member.
4. The Board of Regents may request the Adjutant General to verify that a person is the child, widow or widower of a person who was killed while performing his or her duties as a member of the Nevada National Guard. The Adjutant General shall, upon receiving such a request, notify the Board of Regents in writing concerning the status of that person.
(Added to NRS by 2009, 54)
NRS 396.5443 Waiver of fees for veteran of Armed Forces who has been awarded Purple Heart or child of such veteran; amount; eligibility; authorization to grant more favorable waiver; limitation on certain uses of waiver.
1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who is:
(a) A veteran of the Armed Forces of the United States who has been awarded the Purple Heart; or
(b) The child of such a veteran, if:
(1) The veteran is a bona fide resident of this State, or was a bona fide resident of this State at the time of his or her death; and
(2) The child of the veteran graduated from a high school located in this State.
2. The amount of the waiver must be equal to:
(a) If the student is entitled to receive any federal educational benefits for a semester, the balance of registration fees, laboratory fees and any other mandatory fees assessed against the student that remain unpaid after the student’s account has been credited with the full amount of the federal educational benefits to which the student is entitled for that semester; or
(b) If the student is not entitled to receive any federal educational benefits for a semester, the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
3. The waiver must be granted to a student who enrolls in any program offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program or a professional program.
4. For the purpose of assessing fees and charges against a student to whom a waiver is granted pursuant to this section, including, without limitation, tuition charges pursuant to NRS 396.540, such a student shall be deemed to be a bona fide resident of this State.
5. The Board of Regents may grant more favorable waivers of registration fees, laboratory fees and any other mandatory fees for veterans of the Armed Forces of the United States who have been awarded the Purple Heart or the child of such a veteran than the waiver provided pursuant to this section if required for the receipt of federal money.
6. A child of a veteran of the Armed Forces of the United States who has been awarded the Purple Heart may use a waiver granted pursuant to this section for 10 years after the child attains 18 years of age, or, if the child enrolls in the System before attaining 18 years of age, for 10 years after the date of such enrollment.
(Added to NRS by 2019, 1948; A 2023, 2911)
NRS 396.5445 Waiver of fees for spouse or child of member of Armed Forces who is identified as prisoner of war or missing in action; eligibility; verification of status.
1. The Board of Regents may grant a waiver of registration fees and laboratory fees for a spouse or child of a person who is identified as a prisoner of war or missing in action while performing his or her duties as a member of the Armed Forces of the United States. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.
2. A person is eligible for a waiver pursuant to subsection 1 if the person maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.
3. A spouse may use a waiver granted pursuant to this section for 10 years after the date on which the member of the Armed Forces was identified as a prisoner of war or missing in action. A child may use a waiver granted pursuant to this section for 10 years after the child attains the age of 18 years or, if the child enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment.
4. The Board of Regents may request such documentation as it deems necessary to verify that a person is the spouse or child of a member of the Armed Forces of the United States who is identified as a prisoner of war or missing in action while performing his or her duties as a member of the Armed Forces.
(Added to NRS by 2009, 55)
NRS 396.5446 Waiver of not less than half of fees for veteran enrolled in certain graduate degree programs; eligibility.
1. The Board of Regents may grant a waiver of not less than half of the total registration fees and other fees for a veteran who is a bona fide resident of this State if:
(a) The veteran has completed a bachelor’s degree and is enrolled in or plans to enroll in a graduate degree program within the fields of science, technology, engineering, arts, mathematics or health science designated as a critical need occupation by the Department of Employment, Training and Rehabilitation pursuant to NRS 232.932; and
(b) The veteran or a third party will pay the remainder of the registration fees and other fees of the graduate degree program.
Ê For the purpose of this subsection, a scholarship or a waiver of registration fees or other fees received by the veteran for any reason other than this subsection is deemed to be a payment by a third party.
2. A veteran is eligible for a waiver pursuant to subsection 1 if the veteran maintains at least a 2.75 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.75 grade point average if a different scale is used.
3. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 2019, 1952)
NRS 396.5447 Authority of Board of Regents to defray cost of granting waivers of fees to veterans enrolled in certain graduate degree programs.
1. The Board of Regents may determine whether grants are available to assist the Nevada System of Higher Education in defraying the costs of granting the waiver of registration fees and other fees to a veteran pursuant to NRS 396.5446 and apply for and accept any such grant.
2. The Board of Regents may accept gifts, grants, bequests and donations to fund waivers of registration fees and other fees granted to veterans pursuant to NRS 396.5446.
(Added to NRS by 2019, 1952)
NRS 396.5448 Waiver of fees for homeless or unaccompanied pupil; eligibility; verification of status.
1. The Board of Regents may grant a waiver of registration fees and laboratory fees for a person who is identified as a homeless or unaccompanied pupil. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State.
2. A person is eligible for a waiver pursuant to subsection 1 if the person maintains at least a 2.0 grade point average, on a 4.0 grading scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used.
3. A person may use a waiver granted pursuant to subsection 1 for 10 years after the person attains the age of 18 years or, if the person enrolls in the System before the age of 18 years, for 10 years after the date of such enrollment.
4. The Board of Regents may request documentation from a person requesting a waiver pursuant to subsection 1 as it deems necessary to verify that such a person was a homeless or unaccompanied pupil.
5. As used in this section:
(a) “Homeless pupil” has the meaning ascribed to the term “homeless children and youths” in 42 U.S.C. § 11434a(2).
(b) “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).
(Added to NRS by 2019, 371)
NRS 396.5449 Waiver of fees for certain students who are Native American; eligibility; verification of status.
1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who:
(a) Is a member of a federally recognized Indian tribe or nation or certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a descendant of an enrolled member of a tribe or nation, regardless of membership status;
(b) Is eligible for enrollment in a school within the System, including, without limitation, enrollment in a dual credit course through a program for dual credit;
(c) Is:
(1) A bona fide resident of this State, as defined in NRS 396.540;
(2) A member or descendant of an enrolled member of an Indian tribe or nation, all or part of which is located within the boundaries of this State; or
(3) Currently a resident on qualified tribal land, whether his or her actual residence was located within or outside of the boundaries of this State, and has been such a resident for not less than 1 year;
(d) Has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used; and
(e) Has completed the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 unless the student is or will be enrolled exclusively in one or more dual credit courses through a program for dual credit.
2. The amount of the waiver must be equal to the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
3. The waiver must be granted to a student who enrolls in any course or program, whether for a degree or not, offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program, a professional program or a dual credit course through a program for dual credit, offered during any academic period, including courses offered during the summer and between terms or semesters.
4. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, the person shall be deemed to be a bona fide resident of this State.
5. The Board of Regents may request documentation confirming that the student is a member or descendant of a member of a federally recognized Indian tribe or nation.
6. As used in this section:
(a) “Program for dual credit” means a program through which a pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, may enroll in a dual credit course offered by a school within the System.
(b) “Qualified tribal land” means any real property:
(1) For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and
(2) Over which a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State, exercises governmental power.
(Added to NRS by 2021, 2075; A 2023, 2661)
NRS 396.54495 Report on waiver of fees for certain students who are Native American. The Board of Regents shall, on or before September 1 of each calendar year, prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature that includes, without limitation, aggregated data for:
1. The number of students that qualify for a waiver of registration fees, laboratory fees and any other mandatory fees pursuant to NRS 396.5449.
2. The total funding made available for the waiver of registration fees, laboratory fees and any other mandatory fees pursuant to NRS 396.5449, including, without limitation, gifts, grants, donations and federal contributions.
(Added to NRS by 2021, 2076)
NRS 396.545 Payment of fees and expenses of dependent child of public safety officer killed in line of duty or any other public employee who was killed in performance of duties; Trust Account for the Education of Dependent Children; annual estimation of money in and payments from Account; request for allocation to cover shortfall.
1. To the extent of money available for this purpose, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of a public safety officer who was killed in the line of duty or any other public employee who was killed in the performance of his or her duties, for classes taken towards satisfying the requirements of an undergraduate degree at a school within the System. No such payment may be made for any fee assessed after the child reaches the age of 23 years.
2. There is hereby created in the State General Fund a Trust Account for the Education of Dependent Children. The Board of Regents shall administer the Account. The Board of Regents may accept gifts and grants for deposit in the Account. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the Account. The money in the Account must be invested as the money in other state accounts is invested. After deducting all applicable charges, all interest and income earned on the money in the Account must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
3. For each fiscal year, the Board of Regents shall estimate:
(a) The amount of money in the Trust Account that is available to make payments pursuant to subsection 1 for that fiscal year; and
(b) The anticipated amount of such payments for that fiscal year.
Ê If the anticipated amount of payments estimated for the fiscal year exceeds the estimated amount of money available in the Account in the fiscal year for such payments, the Board of Regents may request an allocation from the Contingency Account created in the State General Fund pursuant to NRS 353.266 to cover the projected shortfall.
4. As used in this section:
(a) “Firefighter” means a person who is a salaried employee or volunteer member of a:
(1) Fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires; or
(2) Fire-fighting agency.
(b) “Fire-fighting agency” has the meaning ascribed to it in NRS 450B.072.
(c) “Local government” means a county, city, unincorporated town or metropolitan police department.
(d) “Member of a rescue or emergency medical services crew” means:
(1) A member of a search and rescue organization in this State under the direct supervision of any county sheriff;
(2) A person licensed as an attendant pursuant to chapter 450B of NRS if the person is a salaried employee of a public agency and is not retained under contract to perform services for the public agency;
(3) A person certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS if the person is a salaried employee or volunteer of a public agency and is not retained under contract to perform services for the public agency; or
(4) A volunteer attendant as that term is defined in NRS 450B.110.
(e) “Peace officer” means a category I peace officer, category II peace officer or category III peace officer as those terms are defined in NRS 289.460, 289.470 and 289.480, respectively.
(f) “Public agency” means an agency, bureau, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada that provides police, firefighting, rescue or emergency medical services.
(g) “Public employee” means any person who performs public duties for compensation paid by or through the State, a county, city, local government or other political subdivision of the State or an agency thereof.
(h) “Public employee who was killed in the performance of his or her duties” includes, without limitation, a public employee who dies as a result of injuries sustained in the performance of his or her duties.
(i) “Public safety officer” means a person serving a public agency in an official capacity, with or without compensation, as a peace officer, a firefighter or a member of a rescue or emergency medical services crew.
(j) “Public safety officer who was killed in the line of duty” includes, without limitation, a public safety officer who dies as a result of injuries sustained in the line of duty.
(Added to NRS by 1995, 2219; A 1997, 469; 2005, 327, 361; 2011, 447, 2845; 2013, 2693; 2017, 102)
NRS 396.5453 Annual report concerning students who are veterans; contents.
1. The Board of Regents shall, not later than November 30 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Joint Interim Standing Committee on Education when the Legislature is not in regular session, a report concerning the participation of students who are veterans in the System. The report must cover the immediately preceding academic year.
2. The report must include, without limitation:
(a) The number of students who:
(1) Identify themselves as veterans.
(2) Are receiving payments or benefits from the United States Department of Veterans Affairs.
(b) The number of students who are veterans, divided by gender.
(c) The rate of retention and average age of the students who are veterans.
(d) The most common areas of study among the students who are veterans.
(e) Any information necessary to determine the impact of policy changes on the number of students who are veterans in the System.
(f) The number of students who are veterans who graduated during the immediately preceding academic year.
(g) The efforts of each institution to retain and graduate students who are veterans through retention and other related programs.
(Added to NRS by 2021, 998)
NRS 396.5455 Preference in admission to nursing programs for certain veterans. The Board of Regents shall require each nursing program in the System to give preference in admission to veterans of the Armed Forces of the United States who were honorably discharged.
(Added to NRS by 2021, 998)
NRS 396.5457 Preference in admission to teacher education programs for certain veterans. The Board of Regents shall require each program developed by the System for the education of teachers to give preference in admission to veterans of the Armed Forces of the United States who were honorably discharged.
(Added to NRS by 2021, 998)
NRS 396.546 Access to electronic version of instructional materials to students with print access disability.
1. In the most timely manner practicable after receiving a written request for an electronic version of instructional material from a student with a print access disability, an institution shall provide to the student, at no cost, an electronic version of each requested instructional material that the institution determines is essential to the success of the student in a course of study offered by an institution of the System in which the student is enrolled.
2. If an institution receives a request for an electronic version of nonprinted instructional material from a student pursuant to subsection 1 to whom the institution would be required to provide an electronic version of the material pursuant to subsection 1 and an electronic version of the nonprinted instructional material is not currently available at the institution or at another institution of the System, the institution must contact the publisher of the nonprinted instructional material and request an electronic version of the nonprinted instructional material. If the publisher:
(a) Has an electronic version of the nonprinted instructional material, the publisher must provide the electronic version to the institution for distribution to the student; or
(b) Does not have an electronic version of the nonprinted instructional material, the institution must create and provide to the student an electronic version in the most timely manner practicable after the institution is notified by the publisher that the publisher does not have an electronic version of the nonprinted instructional material.
3. As used in this section:
(a) “Institution” means any university, state college or community college within the System.
(b) “Instructional material” means any published textbook and other published material that is used by students of the System. The term does not include nontextual mathematics and science materials unless, as determined by the Board of Regents, such materials are commercially available in a format that is compatible for use with equipment which is used by students of the System with print access disabilities to convert material into a format that provides them with the ability to have increased independent access to the material. The term includes, without limitation, nonprinted instructional material.
(c) “Nonprinted instructional material” means instructional material that is in a format other than print. The term does not include a website or Internet link that is associated with instructional material. The term includes, without limitation, instructional material that requires electronic equipment other than a computer or computer peripheral for the material to be used as a learning resource, such as a software program, videodisc, videotape and audiotape.
(d) “Print access disability” means a condition in which a person’s independent reading of, reading comprehension of, or visual access to printed material is limited or reduced because of a sensory, neurological, cognitive, physical or psychiatric disability.
(Added to NRS by 2003, 915)
NRS 396.5465 Inclusion of mental health resources on student identification card. A university, state college or community college within the System shall ensure that information relating to mental health resources appears on any identification card newly issued to or reprinted for a student of the university, state college or community college. The information must include, without limitation, the telephone number and a text messaging option for the National Suicide Prevention Lifeline, or its successor organization.
(Added to NRS by 2021, 3221)
NRS 396.547 Student government: Establishment; approval of bylaws; fees.
1. The student body of each branch of the System may establish a student government. The student government shall adopt a set of bylaws which are subject to the approval of:
(a) A majority of the students who vote in an election held for that purpose; and
(b) The Board of Regents.
2. Such a student government to the extent of its authority set forth in the bylaws is self-governing and independent of the administration of the System, financially and otherwise.
3. The Board of Regents shall collect a fee from each undergraduate student at a branch of the System for the support of the student government of that branch upon:
(a) Receipt of a request by the student government for the imposition of such a fee; and
(b) Approval by the Board of Regents of the amount of the fee so requested.
(Added to NRS by 1983, 1030; A 1993, 350)
NRS 396.5475 Written policy for student publications. The Board of Regents shall adopt a written policy for the Universities, state colleges and community colleges within the System for student publications which:
1. Establishes reasonable provisions governing the time, place and manner for the distribution of student publications;
2. Protects the right of expression in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution for students working on student publications as journalists in their determination of the news, opinions, feature content, advertising content and other content of the student publications;
3. Prohibits, without limitation, the following:
(a) Restricting the publication of any content in student publications unless the content would substantially disrupt the ability of the institution to perform its educational mission;
(b) Dismissing, suspending, disciplining or retaliating against a faculty member, employee or other person acting as an adviser for a student publication or as an adviser to students working as journalists on a student publication for acting within the scope of that position, including, without limitation, taking responsible and appropriate action to protect a student engaged in conduct protected pursuant to the written policy or refusing to perform an action which violates the written policy; and
(c) Expelling, suspending or otherwise disciplining a student for engaging in conduct in accordance with the policy, unless such conduct substantially disrupts the ability of the institution to perform its educational mission and the disruption was intentional; and
4. Includes a disclaimer indicating that any content published in a student publication is not endorsed by the Board of Regents, the System or a university, state college or community college within the System.
(Added to NRS by 2017, 1794)
NRS 396.548 Provision of information to board of trustees of school districts regarding remedial instruction. The Board of Regents shall require employees of the System to provide to the board of trustees of each school district of this State, as appropriate, information regarding the:
1. Number of pupils who graduated from a high school in the district in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the System.
2. Costs incurred by the System in providing remedial instruction pursuant to subsection 1.
(Added to NRS by 1997, 1775; A 2005, 362)
NRS 396.550 Time and standards of graduation. The Board of Regents shall have the power to prescribe the time and standards of graduation.
[Part 3:37:1887; A 1917, 52; 1945, 448; 1943 NCL § 7728]
NRS 396.560 Diploma of graduation; determination of completion of full course of study required for diploma.
1. Upon the recommendation of a president of a branch within the System, the Board of Regents shall issue to those who worthily complete the full course of study in the school of mines or in the school of agriculture, or in the school of liberal arts, or in any equivalent course that may hereafter be prescribed, a diploma of graduation, conferring the proper academic degree, from the System.
2. The Board of Regents shall not issue such a diploma to a student who has not completed the full course of study as set forth in this section.
3. For the purposes of this section, a student at a university or state college within the System completes the full course of study for a diploma of graduation if, in accordance with the policy of the Board of Regents, the student satisfies the requirements for graduation and a degree as set forth in the catalog of the university or state college that is in effect at the time the student:
(a) First enrolls in the university or state college or is admitted to the academic program or department of the student’s major if the program or department has a formal process for admitting students to the program or department; or
(b) Graduates,
Ê whichever the student elects. A student who changes his or her major must elect the catalog of the year of the latest change of the major or the year of graduation. A student may not elect a catalog that is more than 10 years old at the time of his or her graduation.
[Part 7:37:1887; A 1891, 92; 1895, 89; C § 1396; RL § 4645; NCL § 7732]—(NRS A 1969, 1437; 1993, 351; 2005, 1096)
NRS 396.568 Automatic transfer of credits earned at community college toward degree at state college or university; appeal by student if credit denied.
1. All credits earned by a student in a course at a community college within the System, including, without limitation, all credits earned in a course toward the award of an associate’s degree must automatically transfer toward the course work required of the student in his or her major or minor, or other course work required of the student, for the award of a baccalaureate degree upon graduation of the student from any university or state college within the System.
2. Pursuant to the policy of the Board of Regents, a student who is awarded an associate’s degree:
(a) Shall be deemed to have completed the course of study required of a sophomore.
(b) If the student enrolls in another institution within the System, must be enrolled as a junior.
3. All credits earned toward the completion of a degree of associate of arts, associate of science or associate of business must automatically transfer toward the course work required for the award of a baccalaureate degree upon the graduation of the student from any university or college within the System.
Ê If the transfer of credit pursuant to this section is denied and the student believes that the credit should be applied to his or her degree, the student may appeal the decision. The appeal process must be made available to all students and may be posted on the website of the System.
(Added to NRS by 1997, 1475; A 2003, 1249; 2005, 1096)
NRS 396.580 Diploma for course of study not equivalent to regular course. Upon the recommendation of a president of a branch within the System, the Board of Regents shall issue to those who worthily complete the full course of study in any other department of the System, not equivalent to a regular course, a diploma of graduation, but the diploma must bear the name of the department from which it is issued, and in no case may it bear the heading of the regular diploma issued by the Board of Regents.
[Part 7:37:1887; A 1891, 92; 1895, 89; C § 1396; RL § 4645; NCL § 7732]—(NRS A 1969, 1437; 1993, 351)
NRS 396.585 Satisfactory progress toward obtaining degree required to participate as member of varsity athletic team.
1. The Board of Regents shall require each student who participates as a member of a varsity athletic team which represents an institution within the System to make satisfactory progress toward obtaining a degree as a condition of participation as a member of the team.
2. The Board of Regents shall establish standards for determining whether a student is making satisfactory progress toward obtaining his or her degree as required by this section. Except as otherwise provided in NRS 396.158, the standards must:
(a) Include a requirement that a student enroll in a sufficient number of courses in each semester that are required to obtain the academic degree the student is seeking to allow the student to complete the requirements for obtaining the degree within a reasonable period after the student’s admission.
(b) Include a requirement that a student maintain a minimum grade point average in the courses required pursuant to paragraph (a).
(Added to NRS by 1993, 336; A 2021, 3684)
NRS 396.587 Establishment of policies and procedures governing access to transcripts for certain students.
1. The Board of Regents shall establish policies and procedures governing student transcripts that, without limitation:
(a) Enable each current and former student, including, without limitation, a student who owes a debt, to access his or her unofficial transcript at all times;
(b) Enable each current and former student, including, without limitation, a student who owes a debt, to obtain or have transmitted to a third party an official transcript; and
(c) Prohibit an institution within the System from charging a higher fee to a current or former student who owes a debt than is charged to a student who does not owe a debt to:
(1) Obtain an official or unofficial transcript; or
(2) Have the institution transmit an official transcript to a third party.
2. As used in this section:
(a) “Debt” means any money, fee, fine, loan, obligation, claim or sum due or owing or alleged to be due or owing from a current or former student to the System or an institution within the System. The term does not include any fee that is charged to a current or former student for the actual cost of providing an academic transcript to a student.
(b) “Institution” means any university, state college or community college.
(c) “Official transcript” means the academic transcript or a similar academic record of each current or former student of an institution that is deemed official, authenticated, certified or bona fide and that contains information customarily provided on an official academic transcript, including, without limitation, courses taken, terms, grades, degrees or credentials conferred and any other similar information.
(d) “Unofficial transcript” means the academic transcript or a similar academic record of a current or former student of an institution that contains information customarily provided in an unofficial transcript, but which cannot be used to transfer academic credits to another institution of higher education.
(Added to NRS by 2023, 143)
NRS 396.591 Medical insurance for members of athletic teams. The University of Nevada, Reno, and the University of Nevada, Las Vegas, may each elect to insure members of varsity and freshman athletic teams representing the respective campuses for unlimited medical coverage for injuries incurred while the members of the teams are engaged in organized practice or actual competition or any activity related thereto. Such insurance must be obtained from a private carrier.
(Added to NRS by 1973, 288; A 1981, 900, 1527; 1999, 1826)
LIAISON FOR POST-SECONDARY EDUCATION FOR HOMELESS PUPILS
NRS 396.5913 Definitions. As used in NRS 396.5913 to 396.594, inclusive, unless the context otherwise requires, the words and terms defined in NRS 396.5916, 396.592 and 396.5923 have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 369)
NRS 396.5916 “Homeless pupil” defined. “Homeless pupil” has the meaning ascribed to it in 45 C.F.R. § 1355.20.
(Added to NRS by 2019, 369)
NRS 396.592 “Liaison” defined. “Liaison” means the Liaison for Post-Secondary Education for Homeless Pupils.
(Added to NRS by 2019, 369)
NRS 396.5923 “Unaccompanied pupil” defined. “Unaccompanied pupil” has the meaning ascribed to the term “unaccompanied youth” in 42 U.S.C. § 11434a(6).
(Added to NRS by 2019, 369)
NRS 396.5926 Creation of office; appointment; term; unclassified service; qualifications; removal.
1. There is hereby created the Liaison for Post-Secondary Education for Homeless Pupils within the System.
2. The Governor shall, to the extent that money is available for that purpose, appoint the Liaison for Post-Secondary Education for Homeless Pupils for a term of 4 years. The Liaison is in the unclassified service of the State. The person appointed:
(a) Must be knowledgeable in the various issues relating to homeless and unaccompanied pupils, including, without limitation, the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq.;
(b) Must be independent of and have no pecuniary interest in any organization or entity that provides services to homeless and unaccompanied pupils;
(c) Except as otherwise provided in NRS 284.143, shall devote all of his or her time to the business of his or her office and shall not pursue any other business or vocation or hold any other office of profit; and
(d) Must not be a member of any political convention or a member of any committee of any political party.
3. The Governor may remove the Liaison from office for inefficiency, neglect of duty or malfeasance in office.
(Added to NRS by 2019, 369)
NRS 396.593 Authority to perform certain functions. To the extent that money is available, the Liaison may:
1. Employ such staff as is necessary to carry out his or her duties and the functions of his or her office, in accordance with the personnel practices and procedures established within the System. The Liaison has sole discretion to employ and remove any member of his or her staff.
2. Purchase necessary equipment.
3. Lease or make other suitable arrangements for office space, but any lease which extends beyond the term of 1 year must be reviewed and approved by a majority of the members of the State Board of Examiners.
4. Perform such other functions and make such other arrangements as may be necessary to carry out his or her duties and the functions of his or her office.
(Added to NRS by 2019, 370)
NRS 396.5935 Gifts, grants and donations; creation and administration of Account for the Liaison for Post-Secondary Education for Homeless Pupils.
1. The Board of Regents may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of NRS 396.5913 to 396.594, inclusive.
2. All gifts, grants and donations from any source which the Board of Regents is authorized to accept must be deposited with the State Treasurer for credit to the Account for the Liaison for Post-Secondary Education for Homeless Pupils, which is hereby created in the State General Fund. The Board of Regents shall administer the Account. The money in the Account must be expended only to pay the costs of administering NRS 396.5913 to 396.594, inclusive.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2019, 370)
1. To the extent that money is available, the Liaison shall:
(a) Conduct an annual analysis of homeless and unaccompanied pupils in this State to assess the needs of such pupils;
(b) Develop a database to track, monitor and analyze trends in the rates of graduation and retention of homeless and unaccompanied pupils;
(c) Develop a model for college and career readiness for homeless and unaccompanied pupils;
(d) Collaborate with persons at a high school responsible for assisting homeless and unaccompanied pupils;
(e) Collaborate with high schools to identify homeless and unaccompanied pupils to refer such pupils to appropriate support services after the admission of such pupils to an institution of higher education within this State;
(f) Establish connections between and collaborate with financial aid offices, student support services and campus housing services of institutions of higher education within this State;
(g) Identify and refer homeless and unaccompanied pupils to mentoring programs;
(h) Increase awareness among teachers, instructors, professors and other staff members of institutions of higher education who work with pupils on issues relating to homeless and unaccompanied pupils, including, without limitation, identifying such pupils and referring such pupils to appropriate resources;
(i) Establish and maintain a database of food banks, clothing banks and low-cost health care providers, to be provided, without limitation, to financial aid offices and student support services of institutions of higher education within this State;
(j) Identify and coordinate with food banks and clothing banks or establish one or more food banks or clothing banks on a campus of an institution of higher education within this State to provide services to homeless and unaccompanied pupils;
(k) Establish a plan for housing homeless and unaccompanied pupils when campus housing is not available, including, without limitation, establishing a list of host homes in the local community and keeping one or more campus housing buildings open; and
(l) Apply for and accept grants awarded through the College Cost Reduction and Access Act of 2007, Public Law 110-84.
2. As used in this section, “institution of higher education” has the meaning ascribed to it in NRS 385.102.
(Added to NRS by 2019, 370)
STATE CLIMATOLOGIST
NRS 396.595 Creation of Office; employment, qualifications and duties.
1. The Office of State Climatologist is hereby created.
2. The Director of the State Department of Conservation and Natural Resources shall employ as the State Climatologist a person who has received the approval of:
(a) The National Climatic Data Center of the National Oceanic and Atmospheric Administration;
(b) The Western Regional Director of the National Weather Service; and
(c) An officer of the System.
3. The State Climatologist shall:
(a) Maintain descriptions of and information on the climate in this state, including the atmospheric conditions and levels of precipitation; and
(b) Publish his or her findings concerning the climate in this state at least quarterly.
(Added to NRS by 1985, 688; A 1993, 351; 1995, 806)
NRS 396.597 System may provide space for office and supplies; other employment allowed.
1. The System may provide the State Climatologist with adequate space for an office and necessary supplies.
2. The State Climatologist may, in addition to his or her employment as State Climatologist:
(a) Be employed by the Board of Regents as a member of the teaching staff of one of the branches or facilities within the System; and
(b) Accept employment as a consultant.
(Added to NRS by 1985, 689; A 1993, 352)
PUBLIC SERVICE DIVISION
In General
NRS 396.600 Composition. The Public Service Division of the System consists of the following public service departments:
1. Agricultural Extension.
2. Agricultural Experiment Station.
3. Bureau of Mines and Geology.
4. Such other departments as the Board of Regents may designate.
[1:98:1915; 1919 RL p. 3209; NCL § 7765] + [Part 2:98:1915; 1919 RL p. 3210; NCL § 7766] + [3:98:1915; 1919 RL p. 3210; NCL § 7767] + [5:98:1915; 1919 RL p. 3210; NCL § 7769]—(NRS A 1957, 766; 1959, 618; 1969, 1437; 1971, 368; 1985, 1125; 1993, 352)
NRS 396.610 Rules and regulations. All rules and regulations necessary for the proper administration and enforcement of the Public Service Division of the System must be made by the presidents, the Chancellor and the Board of Regents.
[4:98:1915; 1919 RL p. 3210; NCL § 7768]—(NRS A 1969, 1438; 1993, 352)
Bureau of Mines and Geology
NRS 396.620 Analyses of ores, minerals, soil and water: Submission of samples by residents of this State; fee; maintenance of records and samples.
1. Subject to the limitations specified in NRS 396.620 to 396.660, inclusive, the Chancellor shall cause to be analyzed by an appropriate employee of the System any ores, minerals, soil or water taken from within the boundaries of the State of Nevada and sent by any resident of the State for that purpose. Persons sending samples from post offices in states bordering Nevada may be required to furnish evidence that their samples are taken in Nevada and that they are Nevada residents. Any resident of the State may send any such substance for analysis. The report of the results of the analysis must be mailed to him or her within 10 working days after it has been received if he or she has supplied the information for the maintenance of records as provided in this section. The report sent to him or her must also contain as nearly as possible an explanation of the uses and market value of the substance.
2. For each sample sent for analysis, the System shall charge a fee of $5 which must be used to defray the expense of conducting the analysis and storing the sample.
3. The System shall keep a record, open for inspection, under such rules as may be made by the Board of Regents, of all minerals, ores or other matters so sent, with a history of the minerals or other matters, stating the name and residence of the person from whom received, as nearly as possible the location from which the material was taken, including the district and county, and any other relevant information. This information for the records may be required to be filed with the System before any work is done on the material sent, and the 10-day limit for reports will count from the time the information is received by the System. The System shall cause the preparation and printing of forms for providing the information and shall distribute the forms at no charge.
4. A portion of the sample analyzed must be kept by the System for 3 months after the report is sent out, in case any question should arise in relation to the report or additional information be desired. After that time expires, samples may be destroyed or used for any desirable purpose.
[1:84:1895; A 1931, 229; 1933, 147; 1931 NCL § 7754]—(NRS A 1969, 1526; 1981, 1715; 1985, 466; 1993, 352, 1597; 1995, 579; 1997, 20; 2005, 1092)
NRS 396.630 Assay to be run when same material sent from same district. If the same general kind of matter for analysis is sent from the same district and previous analyses have shown its character and values, it shall not be necessary to analyze the same, but an assay shall be run to determine the value thereof, and shall be sent by mail to the person desiring the same.
[2:84:1895; A 1933, 147; 1931 NCL § 7755]
NRS 396.640 Analyses of samples in order received. Samples for analysis shall be analyzed in the order received, as far as possible.
[3:84:1895; A 1933, 147; 1931 NCL § 7756]
NRS 396.650 Limitations on number of samples and quantitative analyses.
1. Gold and silver samples requiring assays and exact quantitative determinations are limited to two in any 30-day period; and of the so-called strategic or war minerals, such as antimony, arsenic, beryllium, manganese, magnesium, tungsten, molybdenum, quicksilver, zinc, lead, copper, tin, chromium, cadmium, or other strategic minerals for the assaying of which the average assay office is not equipped, there shall be run up to five assays or quantitative determinations for any single person or associated group of persons. Samples sent for ordinary rock and mineral determinations are limited to 10 in any 30-day period.
2. In order to save the State unnecessary expense, if preliminary examinations by microscope and qualitative tests indicate material of no economic value, exact quantitative analyses are not to be run on such samples, and reports on such material will indicate why such material has no commercial value.
[Part 4:84:1895; A 1897, 91; 1925, 29; 1931, 229; 1933, 147; 1943, 180; 1943 NCL § 7757]
NRS 396.660 Purpose and applicability of NRS 396.620 to 396.660, inclusive.
1. The main object of NRS 396.620 to 396.660, inclusive, as it relates to ore samples, is to aid the prospector in the discovery of new mineral deposits.
2. NRS 396.620 to 396.660, inclusive, shall not apply in the following cases:
(a) To operating mines. The term “operating mines” as used in this subsection means those properties milling or shipping ore or being worked by hired labor.
(b) To engineers sampling mines or prospects for purposes of valuation.
(c) To so-called “control assays” to check other assayers on ore known to be of value.
[Part 4:84:1895; A 1897, 91; 1925, 29; 1931, 229; 1933, 147; 1943, 180; 1943 NCL § 7757]
Agricultural Extension
NRS 396.690 Acceptance of federal appropriations for agricultural extension work.
1. The assent of the State of Nevada by its Legislature is hereby given to the provisions and requirements of an Act of Congress entitled “An Act to provide for cooperative extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture,” approved May 8, 1914 (c. 79, 38 Stat. 372), and any acts amendatory thereof and supplemental thereto. The Board of Regents is hereby authorized and empowered to receive the grants of money appropriated under such federal acts, and to organize and conduct agricultural extension work which must be carried on in connection with the College of Agriculture of the System, in accordance with the terms and conditions expressed in such Acts of Congress.
2. The Director of the Agricultural Extension Department of the Public Service Division of the System shall conduct all business of the Agricultural Extension Department and administer all funds of the Agricultural Extension Department, including, without limitation, in each county that has entered into an agreement with or participates in a program of the Agricultural Extension Department.
[1:9:1915; 1919 RL p. 3209; NCL § 7748]—(NRS A 1969, 1438; 1993, 353; 2021, 2657)
Agricultural Experiment Station
NRS 396.740 Purposes. The Agricultural Experiment Station, organized and established by the Board of Regents in connection with the System, is hereby recognized and continues as a part of the System. The Agricultural Experiment Station must be conducted for the purposes of acquiring and diffusing among the people useful and practical information on subjects connected with agriculture and to promote scientific investigation and experiment respecting the principles and applications of agricultural science.
[Part 1:26:1889; C § 1411; RL § 456; NCL § 374]—(NRS A 1969, 1438; 1993, 353)
NRS 396.750 Director; assistants. The Board of Regents, upon recommendation of the appropriate officer of the System shall appoint a qualified person to serve as Director of the Agricultural Experiment Station of the Public Service Division of the System and grant him or her such assistants as it deems necessary. The Director shall conduct all business of the Agricultural Experiment Station and administer all funds of the Agricultural Experiment Station.
[2:26:1889; C § 1412; RL § 457; NCL § 375] + [Part 3:98:1915; 1919 RL p. 3210; NCL § 7767]—(NRS A 1969, 1438; 1993, 353; 2021, 2658)
NRS 396.760 Acceptance of federal acts. The Board of Regents and the Director appointed by the Board shall, to the best of their ability, observe and carry out the requirements of an Act of Congress entitled “An Act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto,” approved March 2, 1887 (c. 314, 24 Stat. 440), and all acts amendatory thereof and supplemental thereto. The Board of Regents shall have charge of the receipts, safekeeping and expenditure of all money appropriated by Congress for the benefit and use of the Agricultural Experiment Station.
[Part 3:26:1889; C § 1413; RL § 458; NCL § 376]
NRS 396.770 Acceptance of federal money. The Legislature of Nevada hereby gratefully assents to the purposes of all grants of money made heretofore and all which may hereafter be made to the State of Nevada by Congress, under the Act of Congress entitled “An Act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July second, eighteen hundred and sixty-two, and of the acts supplementary thereto,” approved March 2, 1887 (c. 314, 24 Stat. 440), and agrees that the same shall be used only for the purposes named in the Act of Congress or acts amendatory thereof or supplemental thereto.
[5:26:1889; C § 1415; RL § 460; NCL § 378]
NRS 396.780 Biennial reports. The Director and the Board of Regents shall make a report to the Governor before September 1 of each even-numbered year covering the biennium ending June 30 of such year. The Governor shall transmit all reports to the Legislature.
[Part 4:26:1889; C § 1414; RL § 459; NCL § 377]—(NRS A 1969, 1457)
NRS 396.790 Agricultural research: Nevada Agricultural Experiment Station Fund.
1. The Director of the Nevada Agricultural Experiment Station of the System, with the approval of the Board of Regents, is hereby authorized and directed to enter into cooperative agreements with the United States Department of Agriculture under the provisions of an Act of Congress entitled “An Act to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products,” approved August 14, 1946 (c. 966, 60 Stat. 1082; 7 U.S.C. § 427).
2. The Nevada Agricultural Experiment Station Fund is hereby created and must be administered by the Director of the Agricultural Experiment Station. Support for the Fund must be provided by legislative appropriation from the State General Fund.
3. All claims against the Nevada Agricultural Experiment Station Fund must be certified by the Director of the Nevada Agricultural Experiment Station, approved by the Board of Regents and the State Board of Examiners and when so certified and approved, the State Controller is authorized to draw his or her warrants in payment of the claim, and the State Treasurer is authorized to pay the claim.
[Part 1:229:1947; 1943 NCL § 363.11] + [Part 2:229:1947; A 1949, 545] + [3:229:1947; 1943 NCL § 363.13]—(NRS A 1969, 1438; 1993, 353; 2021, 2658)
CENTER FOR THE ANALYSIS OF CRIME STATISTICS
NRS 396.792 Establishment; acceptance and use of gifts and grants. The Center for the Analysis of Crime Statistics is hereby established within the Department of Criminal Justice at the University of Nevada, Las Vegas. The Center may:
1. Apply for any available grants and accept any gifts, grants or donations; and
2. Use any such gifts, grants or donations to aid the Center in carrying out its duties and functions.
(Added to NRS by 2003, 642)
BEHAVIORAL HEALTH WORKFORCE DEVELOPMENT CENTER OF NEVADA
NRS 396.793 Definitions. As used in NRS 396.793 to 396.7938, inclusive, unless the context otherwise requires, the words and terms defined in NRS 396.7931, 396.7932 and 396.7933 have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 2580)
NRS 396.7931 “Behavioral health region” defined. “Behavioral health region” has the meaning ascribed to it in NRS 433.426.
(Added to NRS by 2023, 2580)
NRS 396.7932 “Center” defined. “Center” means the Behavioral Health Workforce Development Center of Nevada established pursuant to NRS 396.7934.
(Added to NRS by 2023, 2580)
NRS 396.7933 “Provider of behavioral health care” defined. “Provider of behavioral health care” means a person who is:
1. Licensed, certified or registered pursuant to chapter 641, 641A, 641B, 641C or 641D of NRS;
2. Licensed as a physician, physician assistant or registered nurse and practices in psychiatry, addiction medicine or another specialty relating to behavioral health; or
3. A school counselor or school psychologist.
(Added to NRS by 2023, 2580)
NRS 396.7934 Establishment; purpose; composition; operational support.
1. The Board of Regents may establish the Behavioral Health Workforce Development Center of Nevada at an institution or multiple institutions within the System.
2. The primary purposes of the Center must be to:
(a) Increase the number of graduates of high schools in this State who pursue higher education in fields related to behavioral health;
(b) Increase the number of graduates from programs for the education of providers of behavioral health care within the System who intern and practice in this State;
(c) Increase the number of providers of behavioral health care who have the specialized training necessary to address the most critical shortages of such providers in this State;
(d) Increase the number of supervisors and sites for internships for students and graduates of programs for the education of providers of behavioral health care;
(e) Decrease the amount of time between graduation from a program for the education of providers of behavioral health care and licensure, certification or registration and, if applicable, endorsement as such a provider; and
(f) Address other needs relating to the number and distribution of providers of behavioral health care in this State, as determined by the Center.
3. The Center must consist of:
(a) A main hub at one of the institutions at which the Center is established; and
(b) Regional hubs in each behavioral health region of this State.
4. To the extent that money is available for this purpose, each institution at which the Center is established may provide personnel, facilities, equipment and supplies to support the Center in carrying out the provisions of NRS 396.793 to 396.7938, inclusive. Such personnel, facilities, equipment and supplies may include, without limitation:
(a) Facilities for conferences and training;
(b) The time and labor of the faculty and staff of the institution; and
(c) Equipment for telehealth, as defined in NRS 629.515, and distance learning.
(Added to NRS by 2023, 2580)
1. If established, the Center shall:
(a) Establish a behavioral health workforce development consortium. The consortium must consist of:
(1) Institutions within the System;
(2) Providers of behavioral health care;
(3) The Department of Education and school districts;
(4) State and local law enforcement agencies;
(5) Consumers of behavioral health care;
(6) Family members of consumers of behavioral health care;
(7) Hospitals and other facilities that provide behavioral health care;
(8) The Department of Health and Human Services, the Department of Veterans Services, the Department of Employment, Training and Rehabilitation and other relevant agencies of this State selected by the Center;
(9) Sites that provide internships for providers of behavioral health care;
(10) Representatives of members of the Armed Forces of the United States and the National Guard who are on active duty, veterans and families of such members and veterans;
(11) Representatives of historically marginalized communities, including, without limitation:
(I) Lesbian, gay, bisexual, transgender and questioning persons; and
(II) Persons of color;
(12) Representatives of persons with disabilities; and
(13) Other relevant persons and entities, as selected by the Center.
(b) Develop and implement a strategic plan for the recruitment, education and retention of a qualified, diverse and evolving behavioral health workforce in this State, with the highest priority placed on rural, frontier and underserved urban communities. The strategic plan must include, without limitation, plans for:
(1) Convening and organizing the members of the consortium created pursuant to paragraph (a) and other relevant persons and entities to develop and implement strategies to strengthen the behavioral health workforce in every behavioral health region of this State; and
(2) Performing the duties prescribed by NRS 396.7936.
2. If established, the Center shall, under the direction of the consortium created pursuant to paragraph (a) of subsection 1, perform the duties prescribed in the strategic plan developed pursuant to paragraph (b) of subsection 1.
3. As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.
(Added to NRS by 2023, 2581)
NRS 396.7936 Additional duties. In addition to the duties prescribed by NRS 396.7935 and 396.7938, the Center, if established, shall:
1. Through the regional hubs established pursuant to NRS 396.7934:
(a) Collaborate with other persons and entities to assess the specific behavioral health needs of each behavioral health region; and
(b) Engage in research and training specifically designed to address those needs.
2. Coordinate with the System, the Department of Health and Human Services, the Department of Education, the Department of Employment, Training and Rehabilitation and other state agencies involved in behavioral health, education and workforce development to promote the efficient utilization of state resources designated for those purposes.
3. Build partnerships with school districts, institutions within the System, occupational licensing boards that license, certify or register providers of behavioral health care, the Department of Education, the Department of Employment, Training and Rehabilitation and other public and private entities involved in workforce development to establish pipelines to careers in behavioral health from schools through professional practice. Such pipelines must focus on recruiting youth who are:
(a) From underserved and marginalized communities; or
(b) Interested in pursuing careers that address the most critical behavioral health needs of this State, including, without limitation, careers providing behavioral health care to children, the elderly and other underserved populations.
4. Develop and implement strategies to:
(a) Recruit adults who are interested in careers in behavioral health;
(b) Retain providers of behavioral health care who currently practice in this State; and
(c) Ensure that providers who participate in the pipelines established pursuant to subsection 3 ultimately practice in this State.
5. Collaborate with professional organizations for providers of behavioral health care, institutions that provide training and education for providers of behavioral health care and other relevant persons and entities to ensure the availability of high-quality continuing education on emerging, evidence-based practices for providing behavioral health care in various settings.
6. Provide or collaborate with other agencies to provide technical assistance for providers of behavioral health care regarding administrative issues and other nonacademic issues relating to the provision of behavioral health care in this State, including, without limitation:
(a) Obtaining a state business license and any necessary local licenses;
(b) Planning the establishment and operation of a business to provide behavioral health care;
(c) Billing insurers for the provision of behavioral health care; and
(d) The management of staff.
7. Provide technical assistance to support the provision of graduate and postgraduate training in evidence-based practices for providing behavioral health care at existing and new sites for the provision of such training, with the highest priority placed on sites that serve rural, frontier and underserved urban communities.
8. Provide training for supervisors of graduate and postgraduate training for providers of behavioral health care, with the highest priority placed on supervisors who serve rural, frontier and underserved urban communities.
9. Collaborate with existing entities or establish new programs to assist adult students in pursuing the education and training necessary to become a provider of behavioral health care.
10. Coordinate with other entities to obtain or, where necessary, collect and analyze data to:
(a) Determine where providers of behavioral health care who practice in this State were born, educated and trained;
(b) Evaluate the progression of persons through programs for the education and training of providers of behavioral health care in this State and determine where such persons practice after completing those programs;
(c) Ensure the strength and success of pipelines to careers in behavioral health from schools through professional practice; and
(d) Identify the degree to which programs of education and training for providers of behavioral health care produce an adequate number of specialists to meet the needs of this State and each behavioral health region.
11. Collaborate with agencies involved in the education, training, licensure, certification, registration and endorsement of providers of behavioral health care to develop systems for:
(a) Identifying methods used by providers of education or training for providers of behavioral health care to prepare participants in programs of such education or training to correctly implement evidence-based practices for providing behavioral health care;
(b) Identifying the practices and therapeutic modalities being taught to participants in programs of education or training for providers of behavioral health care; and
(c) To the extent feasible, tracking the implementation of the methods, practices and modalities described in paragraphs (a) and (b) by providers of behavioral health care.
12. Monitor progress toward the goals prescribed in the strategic plan developed pursuant to NRS 396.7935.
13. Perform the duties prescribed by this section and NRS 396.7935 in a manner that leverages existing programs and resources and avoids duplication of efforts.
(Added to NRS by 2023, 2582)
NRS 396.7937 Powers of Board of Regents. The Board of Regents may:
1. Apply for and accept gifts, grants and donations for the purposes of carrying out the provisions of NRS 396.793 to 396.7938, inclusive.
2. Receive, invest, disburse and account for all money received for the purposes of carrying out the provisions of NRS 396.793 to 396.7938, inclusive.
(Added to NRS by 2023, 2583)
NRS 396.7938 Center to compile and submit annual report concerning executed and planned activities. On or before June 1 of each year, the Center, if established, shall:
1. Compile a report concerning its activities during the immediately preceding calendar year and planned activities for the current calendar year and following calendar years; and
2. Submit the report to:
(a) The Director of the Legislative Counsel Bureau for transmittal to:
(1) The Joint Interim Standing Committee on Health and Human Services; and
(2) The Joint Interim Standing Committee on Commerce and Labor;
(b) The Commission on Behavioral Health;
(c) Each regional behavioral health policy board created by NRS 433.429;
(d) The Board of Regents; and
(e) The Chancellor of the System.
(Added to NRS by 2023, 2583)
DESERT RESEARCH INSTITUTE
NRS 396.795 Establishment. To contribute more effectively to the security of the nation and to promote the general welfare of the State of Nevada and its citizens through the development of educational and scientific research, the Board of Regents may establish for educational and scientific research a facility within the System to be known as the Desert Research Institute.
(Added to NRS by 1959, 285; A 1981, 900; 1993, 354)
NRS 396.7951 Purposes. The primary purposes of the Institute are to:
1. Foster and conduct fundamental scientific, economic, social or educational investigations and applied research for industry, governmental or private agencies or individuals;
2. Encourage and foster a desire in students and faculty to conduct research;
3. Discover and develop talent for conducting research;
4. Acquire and disseminate knowledge related to the projects undertaken; and
5. Promote all research within the System generally.
(Added to NRS by 1959, 286; A 1969, 1439; 1993, 354)
NRS 396.7952 Powers of Board of Regents. To further the development of the research activities of the System, the Board of Regents, on behalf of the Desert Research Institute, may:
1. Enter into contracts with governmental or private agencies or natural persons who wish to use the services or facilities of the Desert Research Institute.
2. Receive and hold, by gift, bequest, devise, grant, purchase or otherwise, any real or personal property, including patents, copyrights, royalties and contracts from natural persons or corporations.
3. Manage, invest, use and dispose of any property so received, either as specified by the donor or for the furtherance of the objectives of the Desert Research Institute.
4. Receive, invest, disburse and account for all money acquired pursuant to subsection 2 or through contractual or sponsored arrangements with governmental or private agencies or natural persons.
(Added to NRS by 1959, 286; A 1965, 93; 1979, 215; 1993, 354)
NRS 396.7953 Procedures and policies for personnel.
1. The Board of Regents may devise and establish personnel policies and procedures in connection with the operation of contractual or sponsored research activities of the Institute, apart from those personnel policies and procedures which are established for the professional personnel of other branches or facilities of the System.
2. In devising and establishing such personnel policies and procedures, the Board of Regents is not bound by any of the other provisions of this chapter or the provisions of title 23 of NRS and none of those provisions are applicable to any person employed in connection with the operation of contractual or sponsored research activities of the Institute except as may be prescribed by the Board of Regents.
(Added to NRS by 1959, 286; A 1981, 900; 1993, 354)
NRS 396.7954 Deposit of money received on behalf of Institute. Any money received by the Board of Regents on behalf of the Desert Research Institute pursuant to NRS 396.7952, may be deposited by the Board of Regents to the credit of the Desert Research Institute in one or more state or national banks or credit unions in the State of Nevada. Such deposits may be either time deposits or on open account subject to check without notice. The Board of Regents may act through any authorized agent or agents in depositing or withdrawing any money in such accounts.
(Added to NRS by 1959, 286; A 1999, 1490)
NRS 396.7955 Fiscal policies and procedures.
1. The Board of Regents shall devise and establish fiscal policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, apart from those fiscal policies and procedures which are applicable to other branches or facilities of the System.
2. None of the other provisions of this chapter or the provisions of titles 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any money or property received by the Board of Regents pursuant to NRS 396.7952, except as otherwise provided in subsection 4 of NRS 396.7952.
3. Any funds received by or made available to the Board of Regents for the Desert Research Institute by the State of Nevada, whether pursuant to direct legislative appropriation or otherwise, are subject to all laws relating to public funds and expenditures.
(Added to NRS by 1959, 287; A 1981, 900; 1993, 355)
NRS 396.7956 Research concerning use of solar energy as source of power.
1. The Legislature finds that:
(a) Basic scientific research is essential to any real solution of the energy crisis affecting many parts of the nation.
(b) Investigation of the potential contribution of harnessed solar energy may offer some significant answers to the problem of diminishing power resources.
(c) The facilities of the Desert Research Institute are uniquely capable of being applied to the study of solar energy as a source of power generation.
2. The Board of Regents, through the Desert Research Institute, is authorized and encouraged to undertake research concerning the use of solar energy as a source of power. As part of the study, consideration must be given to the relative advantages and disadvantages of the various methods of power generation through the utilization of solar energy.
(Added to NRS by 1973, 268; A 1993, 355)
ETHICS INSTITUTE
NRS 396.797 Establishment. The Board of Regents shall establish for educational research an Ethics Institute as a facility within the System to study questions and define standards regarding medical ethics.
(Added to NRS by 1987, 1232; A 1993, 355)
NRS 396.7971 Powers of Institute. The Ethics Institute may:
1. Plan and arrange educational activities to provide for practical applications of ethical consensus in medical practice.
2. Act as a forum for persons to address issues of medical ethics.
3. Coordinate informed communication between providers of health care and persons who make public policy in matters of medical ethics.
4. Act as a clearinghouse of information for members of the medical profession, hospital administrators, persons who make public policy and the public on matters of medical ethics.
(Added to NRS by 1987, 1233)
NRS 396.7972 Powers of Board of Regents. The Board of Regents, on behalf of the Ethics Institute, may:
1. Enter into contracts with persons or governmental agencies who wish to use the services or facilities of the Ethics Institute.
2. Accept gifts or grants of money or property.
3. Receive and hold any real or personal property, including patents, copyrights, royalties and contracts.
4. Manage, invest, use and dispose of any property received, either as specified by the donor or for the furtherance of the objectives of the Ethics Institute.
(Added to NRS by 1987, 1233)
NRS 396.7973 Procedures and policies for personnel.
1. The Board of Regents may establish policies and procedures for personnel in connection with the operation of contractual or sponsored activities of the Ethics Institute, apart from those policies and procedures which are established for the professional personnel of other branches or facilities of the System.
2. In establishing the policies and procedures, the Board of Regents is not bound by any of the other provisions of this chapter or the provisions of title 23 of NRS and none of those provisions are applicable to any person employed in connection with the operation of contractual or sponsored activities of the Institute except as may be prescribed by the Board of Regents.
(Added to NRS by 1987, 1233; A 1993, 355)
NRS 396.7974 Deposit of money received on behalf of Institute. Any money received by the Board of Regents on behalf of the Ethics Institute pursuant to NRS 396.7972, may be deposited by the Board of Regents to the credit of the Ethics Institute in any financial institution in the State of Nevada that is federally insured or insured by a private insurer approved pursuant to NRS 672.755. The Board of Regents may act through any authorized agent in depositing or withdrawing any money in such an account.
(Added to NRS by 1987, 1233; A 1999, 1491)
NRS 396.7975 Fiscal policies and procedures.
1. The Board of Regents shall establish fiscal policies and procedures in connection with the operation of contractual or sponsored activities of the Ethics Institute, apart from those fiscal policies and procedures which are applicable to other branches or facilities of the System.
2. None of the other provisions of this chapter or the provisions of title 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any money or property received by the Board of Regents pursuant to NRS 396.7972.
3. Any money received by or made available to the Board of Regents for the Ethics Institute is subject to all laws relating to public money and expenditures.
(Added to NRS by 1987, 1233; A 1993, 356)
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF UNIVERSITY OF NEVADA, RENO
NRS 396.7992 Formation of nonprofit corporation: Powers of Board of Regents. The Board of Regents, in the name and on behalf of the System, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter 82 of NRS for the acquisition of real property for the future development and expansion of the University of Nevada, Reno, in Washoe County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and educational purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 82.121; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the System or its Board of Regents, as it may determine, for the benefit of the System upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
(Added to NRS by 1968, 2; A 1969, 1439; 1981, 696; 1991, 1314; 1993, 356)
NRS 396.7993 System and Board of Regents not obligated to acquire property from nonprofit corporation. Neither the System nor the Board of Regents is obligated to acquire from such a nonprofit corporation any property acquired by it, except as is otherwise provided in NRS 396.7998.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
NRS 396.7994 Status of nonprofit corporation on formation. Such a nonprofit corporation, upon its formation, is:
1. A corporate agency of the System and the Board of Regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
NRS 396.7995 Limitations on activities of nonprofit corporation. No part of the activities of such corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or participation or intervention in (including without limitation the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
(Added to NRS by 1968, 3)
NRS 396.7996 Activities of nonprofit corporation public in nature. The activities of such corporation are hereby determined to be essentially public in nature.
(Added to NRS by 1968, 3)
NRS 396.7997 Income of nonprofit corporation. Any income of the corporation shall not inure to any member thereof or to any other private person, partnership or corporation, excluding any payment of the nonprofit corporation’s operation and maintenance expenses, any securities requirements, and any other obligations based on contract or tort.
(Added to NRS by 1968, 3)
NRS 396.7998 Beneficial interest of System and Board of Regents in nonprofit corporation. The System, or the Board of Regents, as it may determine, has the beneficial interest in the corporation while any obligations evidenced by its bonds or other securities remain outstanding. The System or the Board of Regents, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
(Added to NRS by 1968, 3; A 1969, 1448; 1993, 357)
NRS 396.7999 Approval of corporate acts by System. The System, acting by and through the Board of Regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts necessary, convenient or desirable, as the Board may determine, to carry out the provisions of this section.
(Added to NRS by 1968, 3; A 1993, 357)
ACQUISITION OF REAL PROPERTY FOR FUTURE DEVELOPMENT AND EXPANSION OF UNIVERSITY OF NEVADA, LAS VEGAS
NRS 396.801 Formation of nonprofit corporation: Powers of Board of Regents. The Board of Regents, in the name and on the behalf of the System, may:
1. Cause to be formed a nonprofit corporation pursuant to chapter 82 of NRS for the acquisition of real property for the future development and expansion of the University of Nevada, Las Vegas, in Clark County.
2. Provide the name of the corporation.
3. Specify that it is formed for charitable and educational purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 82.121; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which the corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of the corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the System or the Board of Regents, as it may determine, for the benefit of the University of Nevada, Las Vegas, upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
(Added to NRS by 1967, 1342; A 1969, 1439; 1981, 696; 1991, 1315; 1993, 357)
NRS 396.802 System and Board of Regents not obligated to acquire property from nonprofit corporation. Neither the System nor the Board of Regents is obligated to acquire from such a nonprofit corporation any property acquired by it, except as is otherwise provided in NRS 396.807.
(Added to NRS by 1967, 1342; A 1969, 1448; 1993, 358)
NRS 396.803 Status of nonprofit corporation on formation. Such a nonprofit corporation, upon its formation, is:
1. A corporate agency of the System and the Board of Regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
(Added to NRS by 1967, 1342; A 1969, 1448; 1993, 358)
NRS 396.804 Limitations on activities of nonprofit corporation. No part of the activities of such corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or participation or intervention in (including without limitation the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
(Added to NRS by 1967, 1343)
NRS 396.805 Activities of nonprofit corporation public in nature. The activities of such corporation are hereby determined to be essentially public in nature.
(Added to NRS by 1967, 1343)
NRS 396.806 Income of nonprofit corporation. Any income of the corporation shall not inure to any member thereof or to any other private person, partnership or corporation, excluding any payment of the nonprofit corporation’s operation and maintenance expenses, any securities requirements, and any other obligations based on contract or tort.
(Added to NRS by 1967, 1343)
NRS 396.807 Beneficial interest of System and Board of Regents in nonprofit corporation. The System, or the Board of Regents, as it may determine, has the beneficial interest in the corporation while any obligations evidenced by its bonds or other securities remain outstanding and the System or the Board of Regents, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
(Added to NRS by 1967, 1343; A 1969, 1448; 1993, 358)
NRS 396.808 Approval of corporate acts by System. The System, acting by and through the Board of Regents may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts necessary, convenient or desirable, as the Board may determine, to carry out the provisions of this section.
(Added to NRS by 1967, 1343; A 1993, 358)
UNIVERSITY SECURITIES LAW
NRS 396.809 Short title. NRS 396.809 to 396.885, inclusive, may be known as the University Securities Law.
(Added to NRS by 1967, 2; A 2001, 2650)
NRS 396.810 Purpose; supplemental nature. It is the purpose of the University Securities Law to provide a procedure for financing any projects otherwise authorized by law and for the issuance of securities to evidence or reevidence obligations incurred in connection with any projects. The University Securities Law is supplemental in nature, and nothing herein contained shall be construed as authorizing any particular project nor as authorizing the incurrence of any obligations to defray the cost of any project.
(Added to NRS by 1967, 3)
NRS 396.811 Definitions. The terms in NRS 396.812 to 396.838, inclusive, defined for all purposes of the University Securities Law and of any act amendatory thereof, supplemental thereto or relating thereto, and of any instrument or document appertaining thereto, except where the context by clear implication otherwise requires, have the meanings herein specified.
(Added to NRS by 1967, 3)
NRS 396.812 “Acquisition” and “acquire” defined. “Acquisition” or “acquire” includes the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any body corporate and politic therein, or any person, the endowment, bequest, devise, transfer, assignment, option to purchase, other contract or other acquirement, or any combination thereof, of any properties pertaining to a project, or an interest therein.
(Added to NRS by 1967, 3)
NRS 396.813 “Board” defined. “Board” means the Board of Regents of the University of Nevada, constituting the governing body of the State University and a body corporate and politic by the name of the “Board of Regents of the University of Nevada,” is a political subdivision of this state, and means any successor governing body of the University.
(Added to NRS by 1967, 3; A 1969, 1440)
NRS 396.814 “Chair” and “Chair of the Board” defined. “Chair,” or “Chair of the Board,” or any phrase of similar import, means the de facto or de jure presiding officer of the Board, or his or her successor in functions, if any.
(Added to NRS by 1967, 3)
NRS 396.8145 “Chancellor of the University” defined. “Chancellor of the University” means the de facto or de jure presiding officer of the System and its Chief Administrative Officer, now designated as the Chancellor of the System, and formerly designated as the Chancellor of the University of Nevada System and the President of the University of Nevada, or his or her successor in functions, if any. “Chancellor of the University” does not mean the chief administrative officer of either the branch of the University in Washoe County or the branch of the University in Clark County, now designated respectively as the “President of the University of Nevada, Reno” and the “President of the University of Nevada, Las Vegas.” The latter officer was formerly designated as the “Chancellor of Nevada Southern University.” Both of these officers are responsible and subordinate to the Chancellor of the System.
(Added to NRS by 1971, 2126; A 1993, 358)
NRS 396.815 “Commercial bank” defined. “Commercial bank” means:
1. A state or national bank or trust company that is a member of the Federal Deposit Insurance Corporation, including, without limitation, a branch of the Federal Reserve Bank.
2. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 672.755.
(Added to NRS by 1967, 3; A 1999, 1491)
NRS 396.816 “Cost of any project” defined. “Cost of any project,” or any phrase of similar import, means all or any part designated by the Board of the cost of any project, or interest therein, which cost at the option of the Board may include all or any part of the incidental costs pertaining to the project, including, without limitation:
1. Preliminary expenses advanced by the University or the Board from funds available for use therefor, or advanced by this state, the Federal Government, or from any other source, with the approval of the Board, or any combination thereof;
2. The costs in the making of surveys, audits, preliminary plans, other plans, specifications, estimates of costs and other preliminaries;
3. The costs of premiums on builders’ risk insurance and performance bonds, or a reasonably allocable share thereof;
4. The costs of appraising, printing, estimates, advice, services of engineers, architects, financial consultants, attorneys at law, clerical help, or other agents or employees;
5. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a project, the filing or recordation of instruments, the taking of options, the issuance of bonds and other securities, and bank fees and expenses;
6. The costs of contingencies;
7. The costs of the capitalization with proceeds of bonds or other securities issued hereunder of any operation and maintenance expenses appertaining to any facilities to be acquired as a project and of any interest on bonds or other securities for any period not exceeding the period estimated by the Board to effect the project plus 1 year, of any discount on bonds or other securities, and of any reserves for the payment of the principal of and interest on the bonds or other securities, of any replacement expenses, and of any other cost of issuance of the bonds or other securities;
8. The costs of amending any resolution or other instrument authorizing the issuance of or otherwise appertaining to outstanding bonds or other securities of the University or the Board;
9. The costs of funding any medium-term obligations, construction loans and other temporary loans of not exceeding 5 years appertaining to a project and of the incidental expenses incurred in connection with such loans; and
10. All other expenses necessary or desirable and appertaining to a project, as estimated or otherwise ascertained by the Board.
(Added to NRS by 1967, 3; A 1975, 872; 1997, 558)
NRS 396.8163 “Disposal” and “dispose” defined. “Disposal” or “dispose” means the sale, destruction, razing, loan, lease, grant, transfer, assignment, option to sell, other contract, or other disposition, or any combination thereof, of facilities, other property, or any interest therein.
(Added to NRS by 1971, 2126)
NRS 396.8167 “Equip” and “equipment” defined. “Equip” or “equipment” means the furnishing of all related or appurtenant machinery, furnishings, apparatus, paraphernalia and other gear, or any combination thereof, pertaining to any project or other property, or any interest therein.
(Added to NRS by 1971, 2126)
NRS 396.817 “Facilities” defined. “Facilities” means buildings, structures or other income-producing facilities from the operation of which or in connection with which pledged revenues for the payment of any bonds or other securities issued hereunder are derived, including without limitation any facilities to be acquired with the proceeds of the bonds or securities issued hereunder.
(Added to NRS by 1967, 4)
NRS 396.818 “Federal Government” defined. “Federal Government” means the United States, or any agency, instrumentality or corporation thereof.
(Added to NRS by 1967, 4)
NRS 396.819 “Federal securities” defined. “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States.
(Added to NRS by 1967, 4)
NRS 396.820 “Gross revenues” and “gross pledged revenues” defined. “Gross revenues” or “gross pledged revenues” means all pledged revenues received by the University or the Board, or both the University and the Board, and pledged for the payment of any securities issued hereunder.
(Added to NRS by 1967, 4)
NRS 396.821 “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto,” “hereunder,” “heretofore” and “hereafter” defined. “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto,” “hereunder,” and any similar term refer to the University Securities Law and not solely to the particular portion thereof in which such word is used; “heretofore” means before the adoption of the University Securities Law; and “hereafter” means after the adoption of the University Securities Law.
(Added to NRS by 1967, 4)
NRS 396.822 “Holder” defined. “Holder,” or any similar term, when used in conjunction with any coupons, any bonds or any other securities issued hereunder, means the person in possession and the apparent owner of the designated item if such obligation is registered for payment to bearer or is not registered, or the term means the registered owner of the designated item if it is at the time registered for payment otherwise than to bearer.
(Added to NRS by 1967, 4)
NRS 396.823 “Improvement” and “improve” defined. “Improvement” or “improve” includes the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of any properties pertaining to a project, or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
(Added to NRS by 1967, 4)
NRS 396.824 “Net revenues” and “net pledged revenues” defined. “Net revenues” or “net pledged revenues” means “gross revenues,” after the deduction of operation and maintenance expenses.
(Added to NRS by 1967, 5)
NRS 396.825 “Operation and maintenance expenses” defined. “Operation and maintenance expenses,” or any phrase of similar import, means all reasonable and necessary current expenses of the University or the Board, or of both the University and the Board, as the case may be, paid or accrued, of operating, maintaining and repairing the facilities pertaining to the pledged revenues for the payment of the bonds or other securities issued hereunder; and the term may include at the Board’s option (except as limited by contract or otherwise limited by law), without limiting the generality of the foregoing:
1. Legal and overhead expenses of the various university departments directly related and reasonably allocable to the administration of the facilities;
2. Fidelity bond and insurance premiums appertaining to the facilities, or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;
3. The reasonable charges of any paying agent, or commercial bank, trust bank, or other depository bank appertaining to any securities issued by the University or by the Board or appertaining to any facilities;
4. Contractual services, professional services, salaries, administrative expenses, and costs of labor appertaining to facilities;
5. The costs incurred by the Board in the collection of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;
6. Any costs of utility services furnished to the facilities by the University or otherwise; and
7. Reasonable allowances for the depreciation of furniture and equipment for the facilities.
(Added to NRS by 1967, 5)
NRS 396.826 “Operation and maintenance expenses”: Exclusions from definition. The term “operation and maintenance expenses” does not include:
1. Any allowance for depreciation, except as otherwise provided in subsection 7 of NRS 396.825;
2. Any costs of reconstruction, improvements, extensions or betterments;
3. Any accumulation of reserves for capital replacements;
4. Any reserves for operation, maintenance or repair of any facilities;
5. Any allowance for the redemption of any bond or other security evidencing a loan or other obligation or the payment of any interest thereon;
6. Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof; and
7. Any other ground of legal liability not based on contract.
(Added to NRS by 1967, 5)
NRS 396.828 “Pledged revenues” defined. “Pledged revenues” means the money pledged wholly or in part for the payment of bonds or other securities issued hereunder and, subject to any existing pledges or other contractual limitations, may include at the Board’s discretion, all loans, grants or contributions to the University or the Board, if any, conditional or unconditional, from the Federal Government, the State, any public body or other donor for the payment of the principal of, the interest on and any prior redemption premiums due in connection with any securities issued hereunder, or any combination thereof, and may include income or money derived from one, all or any combination of the following sources of revenue, including, without limitation, student fees and other fees, rates and charges appertaining thereto:
1. Dormitories, apartments and other facilities for housing;
2. Cafeterias, dining halls and other facilities for food service;
3. Student union and other facilities for student activities;
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, field house and other athletic or recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by the University or the Board to any facilities on its campus;
8. Investments and reinvestments of unrestricted endowments;
9. Any revenue derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility of the University; and
10. Facilities of the University or the Board, including, without limitation, money from:
(a) Grants by any person or the Federal Government;
(b) Contracts and leases with any person or governmental entity;
(c) The operation of any buildings, structures or other facilities of the University or the Board;
(d) The investment of any money of the Desert Research Institute; and
(e) Any other revenue received by the Desert Research Institute, or by the Board on behalf of the Desert Research Institute pursuant to NRS 396.795 to 396.7956, inclusive.
(Added to NRS by 1967, 5; A 1971, 2120; 1987, 1125; 1999, 2646; 2003, 1617)
NRS 396.829 “Pledged revenues”: Exclusions from definition. The term “pledged revenues” does not include any of the following:
1. The proceeds of any tuition charges and registration fees;
2. The principal of any endowments, restricted or unrestricted;
3. The proceeds of any levy of any general (ad valorem) property taxes; and
4. The proceeds of any grants, appropriations or other donations from the Federal Government, this state or any other donor except as otherwise provided in NRS 396.828 and any other statute which may authorize the pledge of particular revenues.
(Added to NRS by 1967, 6; A 1971, 2121; 1979, 359; 2003, 1618)
NRS 396.831 “Project” defined. “Project” means any undertaking or undertakings which the Board is authorized by law (other than NRS 396.809 to 396.885, inclusive) to complete in its name or in the name of the University, the cost of which the Board is authorized by law (other than NRS 396.809 to 396.885, inclusive) to defray by the issuance of bonds or other securities of the Board or the University as provided hereunder.
(Added to NRS by 1967, 6)
NRS 396.832 “Secretary of the Board” defined. “Secretary of the Board” means the de facto or de jure Secretary of the Board of Regents of the University of Nevada, or his or her successor in functions, if any.
(Added to NRS by 1967, 6)
NRS 396.833 “Securities” defined. “Securities” means notes, warrants, bonds, temporary bonds and interim debentures authorized to be issued hereunder in the name and on the behalf of the University or of the Board for the benefit of the University.
(Added to NRS by 1967, 6)
NRS 396.834 “State” defined. “State” means the State of Nevada, or any board, department or other agency or instrumentality thereof, in the United States; and where the context so indicates, “State” means the geographical area comprising the State of Nevada.
(Added to NRS by 1967, 6; A 1971, 2121)
NRS 396.835 “Treasurer of the University” defined. “Treasurer of the University” means the de facto or de jure Treasurer of the Board and ex officio Treasurer of the System, or his or her successor in functions, if any.
(Added to NRS by 1967, 6; A 1969, 1440; 1993, 358)
NRS 396.836 “Trust bank” defined. “Trust bank” means:
1. A commercial bank that is authorized to exercise and is exercising trust powers.
2. A branch of the Federal Reserve Bank.
3. A credit union whose deposits are insured by the National Credit Union Share Insurance Fund or by a private insurer approved pursuant to NRS 672.755 that is authorized to exercise and is exercising trust powers.
(Added to NRS by 1967, 6; A 1999, 1491)
NRS 396.837 “United States” defined. “United States” means the United States of America; and where the context so indicates, “United States” means the geographical area comprising the United States of America.
(Added to NRS by 1967, 7; A 1971, 2121)
NRS 396.838 “University” defined. “University” means the Nevada System of Higher Education, the State University constituting a body corporate and politic, a political subdivision of this State, with the seat located in the City of Reno, in the County of Washoe and State of Nevada.
(Added to NRS by 1967, 7; A 1969, 1440; 1993, 358; 2005, 362)
NRS 396.839 Bonds and other securities are special obligations payable solely out of net pledged revenues.
1. Any bonds or other securities issued hereunder, together with any interest accruing thereon and any prior redemption premiums due in connection therewith, shall be payable and collectible solely out of net pledged revenues; the holder or holders thereof may not look to any general or other fund for such payment of such securities, except the net revenues pledged therefor; the securities shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation, if any such limitation appertains thereto; the bonds or other securities shall not be considered or held to be general obligations of the University or the Board but shall constitute the special obligations of either the University or the Board; and the Board shall not pledge the full faith and credit for their payment of either the University or the Board.
2. None of the covenants, agreements, representations and warranties contained in any resolution authorizing the issuance of bonds or other securities hereunder or in any other instrument appertaining thereto, in the absence of any breach thereof, shall ever impose or shall be construed as imposing any liability, obligation or charge against the University or the Board (except the special funds pledged therefor) or against the general credit of either the University or Board, payable out of the general fund of either, or out of any funds derived from taxation.
(Added to NRS by 1967, 7)
NRS 396.8395 Revenues which may be included as pledged revenues. Subject to any existing pledges or other contractual limitations and to the provisions of NRS 396.810:
1. The Board may include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder:
(a) The gross revenues derived from the fees designated as the capital improvement fee, the student union building fee, the student center building fee, and the student union capital improvement fee, or words of similar import, except for the words pertaining to any such fee designating the campus or campuses of the System to which the pledged fee or fees pertain, or any combination thereof; and
(b) The gross revenues derived from the fee designated as the general fund fee, except for the words pertaining thereto designating the campus or campuses of the system to which the pledged fee pertains, but subject to the limitation stated in subsection 5 of NRS 396.840.
2. The Board may also include, without limitation, as pledged revenues for the payment of bonds or other securities issued hereunder, regardless of the location of the campus or campuses on which the project or projects are to be done for which the securities are authorized, the pledged revenues designated in subsection 1 pertaining to:
(a) One, all or any combination of the campuses relating to the community colleges if the project or projects relate thereto and to one or more campuses thereof; or
(b) Either or both the University of Nevada, Reno, and the University of Nevada, Las Vegas, if the project or projects relate to either of those campuses, the Desert Research Institute or any combination thereof.
(Added to NRS by 1979, 359; A 1987, 1126; 1993, 359)
NRS 396.840 Proposed securities: Sufficiency of revenues; earnings test; estimates and adjustments.
1. Before any securities are actually issued payable from any net pledged revenues, except for any securities issued solely for the purpose of funding or refunding or both funding and refunding outstanding securities, any such revenues for the next preceding 12 months, for the next preceding calendar year, or for the next preceding fiscal year, as defined and otherwise determined by the Board, shall be sufficient to pay an amount representing 110 percent of the combined maximum annual principal and interest requirements to be paid during such 12 months, calendar year, fiscal year or bond year, as defined and otherwise determined by the Board, of any outstanding securities payable from and constituting a lien upon such net pledged revenues and the securities proposed to be issued (excluding any reserves therefor), except as otherwise expressly provided in this section.
2. In any determination of whether or not any proposed securities meet the earnings test limiting their issuance as provided in subsection 1 of this section:
(a) There shall be deducted from or added to any gross pledged revenues any estimated decrease or increase in such revenues resulting from any decreased or increased or additional fees, rates or charges fixed by the Board, whether or not appertaining to any additional facilities for which the proposed securities are authorized to be issued; and
(b) There shall be deducted from or added to any operation and maintenance expenses any estimated decrease or increase in such expenses, whether or not resulting from any additional facilities for which the proposed securities are authorized to be issued.
3. The respective annual principal and interest requirements (including as an interest requirement the amount of any prior redemption premiums due on any prior redemption date as of which any outstanding securities have been called or have been ordered by the Board to be called for prior redemption) shall be reduced to the extent such requirements are scheduled to be paid with any moneys held in trust or escrow for that purpose in any trust bank or trust banks within or without or both within and without the State, including without limitation the known minimum yield from any investment or reinvestment of any such moneys in federal securities.
4. The estimates and adjustments provided in subsections 2 and 3 of this section and the calculations required by subsection 1 of this section shall be made by the Treasurer of the University; and his or her estimates, adjustments and determination of whether the earnings test provided in subsection 1 of this section has been met shall be conclusively presumed to be accurate. Nothing contained in this section shall be construed to prohibit the issuance of securities merely because there were no pledged revenues nor operation and maintenance expenses, in the absence of such adjustments, in the next preceding 12 months, calendar year, or fiscal year, as the case may be.
5. There must be excluded from the calculations required by subsections 1 to 4, inclusive, the proceeds of any general fund fee or fees to be pledged to the payment of the securities (other than any securities issued solely for the purpose of funding or refunding or both funding and refunding outstanding securities). The proceeds of a general fund fee or fees must not be pledged to the payment of any such securities (other than any such funding or refunding or both funding and refunding securities) unless the remaining pledged revenues do not contravene the limitations imposed by those subsections.
6. Nothing herein contained prevents the Board from providing an earnings test in any resolution authorizing the issuance of securities or in any other proceedings appertaining thereto which test limits the issuance of any additional securities.
(Added to NRS by 1967, 7; A 1979, 360)
NRS 396.841 Payment of securities not to be secured by encumbrance, mortgage or pledge of property; exception. The payment of securities shall not be secured by an encumbrance, mortgage or other pledge of property of the University or the Board, except for the pledged revenues of the University or the Board. No property of either the University or the Board, subject to such exception, shall be liable to be forfeited or taken in payment of securities.
(Added to NRS by 1967, 8)
NRS 396.842 Recourse against individual Regents: Acceptance of securities constitutes waiver and release. No recourse shall be had for the payment of the principal of, any interest on, and any prior redemption premiums due in connection with any bonds or other securities of the University or the Board or for any claim based thereon or otherwise upon the resolution authorizing their issuance or other instrument appertaining thereto, against any individual Regent of the Board, past, present or future, either directly or indirectly through the Board or the University, or otherwise, whether by virtue of any Constitution, statute or rule of law, or by the enforcement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance specially waived and released.
(Added to NRS by 1967, 8; A 1975, 872)
NRS 396.843 Bonds and other securities not obligations of or enforceable against State; restrictions on pledges, assignments and encumbrances.
1. Any bonds or other securities issued hereunder shall not be considered to be obligations general, special or otherwise of the State, nor to be securities or debt of the State, and shall not be enforceable against the State.
2. Nothing in the University Securities Law shall be construed to authorize the University or the Board in any way to obligate the State (except as herein otherwise expressly provided in NRS 396.844), or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of any tuition charges and registration fees paid to the University or the Board, of the proceeds of any general (ad valorem) property taxes derived directly or indirectly by the University or the Board for the benefit of the University, of any income or gain derived from the investment and reinvestment of moneys accounted for in either the Irreducible University Fund or the Contingent University Fund, of grants, appropriations or other donations made by the Federal Government, the State Legislature or any other donor (except for the interest or other gain derived from the investment and reinvestment of the principal of unrestricted endowments, as permitted by subsection 8 of NRS 396.828), and of any revenues derived from the operation of or otherwise appertaining to any buildings, structures or other facilities of the Board or University (except for those classifications thereof designated in subsections 1 to 6, inclusive, of NRS 396.828).
(Added to NRS by 1967, 8)
NRS 396.844 Faith of State pledged against repeal, amendment or modification of University Securities Law.
1. The faith of the State is hereby pledged that the University Securities Law, any law supplemental or otherwise appertaining thereto, and any other act concerning the bonds and other securities of the Board or the University or the pledged revenues, or both such securities and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding securities of the University or the Board, until all such securities payable from the pledged revenues have been discharged in full or provision has been fully made therefor, including without limitation the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.
2. The State may at any time provide by act that no further obligations appertaining to any pledged revenues or any part thereof shall be incurred thereafter.
(Added to NRS by 1967, 9)
NRS 396.845 Power of University or Regents to become obligated and issue securities for project; other powers.
1. Where any project is otherwise authorized by law and where the University or the Board is otherwise authorized by law to issue its securities to defray the cost of the project, at any time or from time to time the University or the Board may borrow money or otherwise become obligated for the project and may evidence any such obligation by the issuance of the University’s or the Board’s securities.
2. In connection with any project so authorized, the University or the Board, except as herein otherwise provided, may:
(a) Have a corporate seal and alter the same at pleasure;
(b) Sue and be sued;
(c) Acquire and hold real or personal property, or rights or interests therein, and water rights;
(d) Dispose of unnecessary or obsolete property, or rights or interests therein;
(e) Make contracts and execute all instruments necessary or convenient, as determined by the Board;
(f) Acquire by contract or contracts or by its own agents and employees, or otherwise acquire any properties as any project or projects so authorized, and operate and maintain such properties; and
(g) Accept grants of money or materials or property of any kind from the Federal Government, the State, any agency or political subdivision thereof, or any person, upon such terms and conditions as the Federal Government, the State, or such agency or political subdivision, or person may impose.
(Added to NRS by 1967, 9)
NRS 396.8455 Board of Regents authorized to delegate its authority to sign contract for purchase of securities or to accept bid for securities; certain terms of securities must be approved by Board of Regents.
1. The Board may, before any sale of securities, whether by competitive bid or negotiated sale, delegate to the Chancellor of the University or the Vice Chancellor for Finance of the University the authority to sign a contract for the purchase of the securities or to accept a binding bid for the securities subject to the requirements specified by the Board concerning:
(a) The rate of interest on the securities;
(b) The dates on which and the prices at which the securities may be called for redemption before maturity;
(c) The price at which the securities will be sold; and
(d) The principal amount of the securities and the amount of principal maturing in any particular year.
2. All terms of the securities other than:
(a) The rate of interest;
(b) The dates and prices for the redemption of the securities;
(c) The price for the sale of the securities;
(d) The principal amount of the securities; and
(e) The requirements for the principal maturing in particular years,
Ê must be approved by the Board before the securities are delivered.
3. The final rate of interest, dates and prices of redemption, price for the sale of the securities, principal amount and the requirements for the principal amount maturing in particular years are not required to be approved by the Board if each of those terms complies with the requirements specified by the Board before the contract for the purchase of the securities is signed or the bid for the securities is accepted.
(Added to NRS by 2001, 2647)
NRS 396.846 Types of securities which may be issued; series. The University or the Board may issue in one series or more, without their being authorized at any election, in anticipation of net pledged revenues, and constituting special obligations of the University or the Board, any one or more or all of the following types of securities:
1. Notes, evidencing any amount borrowed by the University or the Board;
2. Warrants, evidencing the amount due to any person for any services, or supplies, equipment or other materials furnished to the University or the Board for the benefit of the University and appertaining to an authorized project;
3. Bonds, evidencing any amount borrowed by the University or the Board and constituting long-term financing;
4. Temporary bonds, pending the preparation of and exchangeable for definitive bonds of like character and in principal amount when prepared and issued in compliance with the conditions and limitations herein provided; and
5. Interim debentures, evidencing any emergency loans, construction loans, and other temporary loans of not exceeding 3 years, in supplementation of long-term financing and the issuance of bonds, as provided in NRS 396.868 to 396.871, inclusive.
(Added to NRS by 1967, 10)
NRS 396.847 Notes and warrants: Maturity; extension or funding. Notes and warrants may mature at such time or times not exceeding 1 year from the date or the respective dates of their issuance as the Board may determine. They shall not be extended or funded except by the issuance of bonds or interim debentures in compliance with NRS 396.868 and other provisions herein supplemental thereto.
(Added to NRS by 1967, 10)
NRS 396.848 Temporary bonds: Conditions, terms and provisions; holder’s rights and remedies. Each temporary bond shall set forth substantially the same conditions, terms and provisions as the definitive bond for which it is exchanged. Each holder of a temporary bond shall have all the rights and remedies which he or she would have as a holder of the definitive bond for which the temporary bond is to be exchanged.
(Added to NRS by 1967, 10)
NRS 396.849 Resolution authorizing issuance of securities: Description of purposes. The resolution authorizing the issuance of any securities hereunder shall describe the purpose or purposes for which they are issued at least in general terms and may describe any purpose in detail.
(Added to NRS by 1967, 10)
NRS 396.8495 Resolution authorizing issuance of securities may fix rate of interest; Board of Regents authorized to enter into agreement for assurance of payment in connection with securities; exemption from limitation on rates of interest.
1. The resolution authorizing the issuance of any securities or any trust indenture or other instrument appertaining thereto may fix a rate or rates of interest or provide for the determination of the rate or rates from time to time by a designated agent according to the procedure specified in that resolution or other instrument. The rate so determined must approximate the rates then being paid for other securities which contain similar provisions and have an equivalent rating. The Board may contract with or select any person to make that determination.
2. The Board may enter into an agreement with a third party for an assurance of payment of the principal of, the interest on, or premiums, if any, due in connection with any securities issued by the Board. The obligation of the Board to reimburse that third party for any advances made pursuant to that agreement may be provided in that agreement, recited in those securities or evidenced by another instrument as designated in the resolution authorizing the issuance of those securities or any other instrument appertaining thereto. The Board may assign its rights under that agreement.
3. In fixing the rate or rates of interest for securities pursuant to subsection 1 or the rate or rates of interest imposed on the Board for reimbursement of any advances made under an agreement pursuant to subsection 2, the Board is not subject to any limitations on rates of interest provided by statute, including, without limitation, NRS 396.852. The resolution fixing that rate or rates of interest must contain the findings of the Board that the procedure specified therein for determining that rate or rates is reasonable under existing or anticipated conditions in the market and is necessary and advisable for marketing the securities. These findings are conclusive. This section does not prohibit the Board from fixing a maximum rate of interest.
(Added to NRS by 2001, 2647)
NRS 396.850 Details of securities provided by resolution. Except as herein otherwise provided and as otherwise provided in any other act the provisions of which are relevant by express reference herein thereto, any securities issued hereunder must be:
1. In such form;
2. Issued in such manner, at, above or below par at such a discount not exceeding 9 percent of the principal amount of the securities, at public or private sale, and at a price which will result in an effective interest rate which does not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted; and
3. Issued with such recitals, terms, covenants, conditions and other provisions,
Ê as may be provided by the Board in a resolution authorizing their issuance and in any indenture or other proceedings appertaining thereto.
(Added to NRS by 1967, 10; A 1969, 1298; 1971, 2120; 1975, 873; 1981, 1416; 1983, 584)
NRS 396.851 Recital in securities conclusive evidence of validity and regularity of issuance. A resolution providing for the issuance of bonds or other securities hereunder or an indenture or other proceedings appertaining thereto may provide that the securities contain a recital that they are issued pursuant to the University Securities Law, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
(Added to NRS by 1967, 11)
NRS 396.852 Denomination, negotiability and maturity of securities; interest and interest coupons.
1. Except as otherwise provided in this section and NRS 99.067, as the Board may determine, any bonds and other securities issued hereunder must:
(a) Be of a convenient denomination or denominations;
(b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Investment Securities;
(c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the Board, but not exceeding 50 years from their date;
(d) Bear interest at a rate or rates which do not exceed by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted, the interest on each bond to be payable annually, semiannually, or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;
(e) Be made payable in lawful money of the United States, at the office of the Treasurer of the University or any commercial bank or commercial banks within or without or both within and without the State as may be provided by the Board; and
(f) Be printed at such place within or without this state, as the Board may determine.
2. Any bonds issued hereunder must have one or two sets of interest coupons, bearing the number of the bond to which they are respectively attached, numbered consecutively in regular numerical order, and attached in such a manner that they can be removed upon the payment of the installments of interest without injury to the bonds, except as herein otherwise provided.
(Added to NRS by 1967, 11; A 1969, 1298; 1971, 2121; 1975, 873; 1981, 1416; 1983, 584; 2009, 2661)
NRS 396.853 Execution, signing, countersigning and authentication of securities and coupons; facsimile signature.
1. Bonds and other securities issued hereunder shall be executed in the name of the University or the Board, shall be signed by the Chair of the Board, shall be attested by the Secretary of the Board, shall be countersigned by the Chancellor of the University, and shall be countersigned by the Treasurer of the University; and the bonds or other securities shall be authenticated by the official seal of the University or the Board. Any coupons shall be signed by the Treasurer of the University. Facsimile signatures may be used on any coupons.
2. Any bonds or other securities, including without limitation any certificates endorsed thereon, may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act, cited as chapter 351 of NRS. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
3. The bonds, any coupons appertaining thereto, and other securities, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the University or the Board, as the case may be, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
4. Any officer authorized or permitted to sign any bonds, any coupons, or any other securities, at the time of their execution and of a signature certificate appertaining thereto, may adopt as and for his or her own facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon the bonds, coupons and other securities appertaining thereto, or any combination thereof.
(Added to NRS by 1967, 11; A 1969, 1441)
NRS 396.854 Redemption before maturity. The Board may provide for the redemption of any or all of the bonds or other securities before maturity, in such order, by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 9 percent of the principal amount of each bond or other security so redeemed, and otherwise upon such terms as may be provided by the Board in the resolution authorizing the issuance of the securities or other instrument appertaining thereto.
(Added to NRS by 1967, 12; A 1971, 2122; 1975, 873; 1981, 1416)
NRS 396.855 Repurchase of bonds and other securities. Any bonds or other securities may be repurchased by the Board out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might on the next prior redemption date of such securities be paid to the holders thereof if such securities should be called for redemption on such date pursuant to their terms, and all securities so repurchased shall be cancelled; but if the securities may not be called for prior redemption at the University’s or the Board’s option within 1 year from the date of their purchase, they may be repurchased without limitation as to price.
(Added to NRS by 1967, 12)
NRS 396.856 Use of money received from issuance of securities. All moneys received from the issuance of any securities herein authorized shall be used solely for the purpose or purposes for which issued and to defray the cost of the project thereby delineated. Any accrued interest and any premium shall be applied to the cost of the project or to the payment of the interest on or the principal of the securities, or both interest and principal, or shall be deposited in a reserve therefor, or any combination thereof, as the Board may determine.
(Added to NRS by 1967, 12)
NRS 396.857 Disposition of unexpended balance after completion of project. Any unexpended balance of the proceeds of such securities remaining after the completion of the acquisition or improvement of properties pertaining to the project or otherwise the completion of the purpose or purposes for which such securities were issued must be credited immediately to the Special Capital Construction Fund for Higher Education, or any other fund or account of the University or the Board for the construction therefor of capital improvements, or the fund or account created for the payment of the interest on or the principal of the securities, or both principal and interest, and must be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor, or any combination thereof, as the Board may determine.
(Added to NRS by 1967, 12; A 1979, 361; 1983, 134)
NRS 396.858 Validity of securities not dependent on proceedings relating to project or completion of purpose; purchasers not responsible for application of proceeds.
1. The validity of any securities shall not be dependent on nor affected by the validity or regularity of any proceedings relating to a project or the proper completion of any purpose for which the securities are issued.
2. The purchaser or purchasers of the securities shall in no manner be responsible for the application of the proceeds of the securities by the University or the Board or any officers, agents and employees of the Board or the University, or of both.
(Added to NRS by 1967, 12)
NRS 396.859 Special funds and accounts: Creation; purposes. The Board in any resolution authorizing the issuance of bonds or other securities hereunder or in any instrument or other proceedings appertaining thereto may create special funds and accounts for the payment of the cost of a project, of operation and maintenance expenses, of the securities, including the accumulation and maintenance of reserves therefor, of improvements, including the accumulation and maintenance of reserves therefor, and of other obligations appertaining to the securities, any project or otherwise in connection with the University.
(Added to NRS by 1967, 12)
NRS 396.860 Employment of legal and other expert services; contracts for sale and other purposes.
1. The Board on its behalf or on the University’s behalf may employ legal, fiscal, engineering, and other expert services in connection with any project or otherwise appertaining to the University and the authorization, sale and issuance of bonds and other securities hereunder.
2. The Board on its behalf or on the University’s behalf is authorized to enter into any contracts or arrangements, not inconsistent with the provisions hereof, with respect to the sale of bonds or other securities hereunder, the employment of bond counsel, and other matters as the Board may determine to be necessary or desirable in accomplishing the purposes hereof.
(Added to NRS by 1967, 13)
NRS 396.861 Investment and reinvestment of revenues and proceeds of securities in federal securities.
1. The Board may cause to be invested and reinvested any pledged revenues and any proceeds of bonds or other securities issued hereunder in federal securities and may cause such revenues, proceeds of securities and federal securities to be deposited in any trust bank or trust banks within or without or both within and without this state and secured in such manner and subject to such terms and conditions as the Board may determine, with or without the payment of any interest on such deposit, including without limitation time deposits evidenced by certificates of deposit.
2. Any federal securities and any such certificates of deposit thus held may, from time to time, be sold and the proceeds may be so reinvested or redeposited as provided in this section.
3. Sales and redemptions of any federal securities and such certificates of deposit thus held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the federal securities and certificates of deposit were originally acquired was placed in the treasury of the University or the Board.
4. Any gain from any such investments or reinvestments may be credited to any fund or account pledged for the payment of any securities issued hereunder, including any reserve therefor, or any other fund or account appertaining to a project or otherwise appertaining to the University.
5. It is lawful for any commercial bank incorporated under the laws of this state which may act as depository of the proceeds of any securities issued hereunder, any federal securities owned by the University or the Board, any pledged revenues, and any moneys otherwise appertaining to the University to furnish such indemnifying bonds or to pledge such federal securities or such other securities as may be required by the Board.
(Added to NRS by 1967, 13)
NRS 396.8615 Investment and reinvestment of pledged revenues and proceeds of securities issued in investment contract collateralized with securities issued by Federal Government. In addition to the investments permitted by NRS 396.861, the Board, subject to any contractual limitations from time to time imposed upon the University by any resolution authorizing the issuance of outstanding securities or by any trust indenture or other proceedings appertaining thereto, may cause to be invested and reinvested, except as otherwise provided in NRS 396.876, any pledged revenues and any proceeds of securities issued hereunder in an investment contract that is collateralized with securities issued by the Federal Government or agencies of the Federal Government if:
1. The collateral has a market value of at least 102 percent of the amount invested and any accrued unpaid interest thereon;
2. The University receives a security interest in the collateral that is fully perfected and the collateral is held in custody for the University or its trustee by a third-party agent of the University which is a commercial bank authorized to exercise trust powers;
3. The market value of the collateral is determined not less frequently than weekly and, if the ratio required by subsection 1 is not met, sufficient additional collateral is deposited with the agent of the University to meet that ratio within 2 business days after the determination; and
4. The party with whom the investment contract is executed is a commercial bank, or that party or a guarantor of the performance of that party is:
(a) An insurance company which has a rating on its ability to pay claims of not less than “Aa2” by Moody’s Investors Service, Inc., or “AA” by Standard and Poor’s Ratings Services, or their equivalent; or
(b) An entity which has a credit rating on its outstanding long-term debt of not less than “A2” by Moody’s Investors Service, Inc., or “A” by Standard and Poor’s Ratings Services, or their equivalent.
(Added to NRS by 2001, 2648)
NRS 396.862 Covenants and other provisions in bonds and other securities. Any resolution providing for the issuance of any bonds or other securities hereunder payable from pledged revenues and any indenture or other instrument or proceedings appertaining thereto may at the discretion of the Board contain covenants or other provisions, notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby, in order to secure the payment of such securities, in agreement with the holders of such securities, including without limitation covenants or other provisions as to any one or more of the following:
1. The pledged revenues to be fixed, charged or levied and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or use of any properties or facilities, prohibition against free service, the collection of penalties and collection costs, and the use and disposition of any moneys of the University or the Board, derived or to be derived, from any source herein designated;
2. The acquisition, improvement or equipment of all or any part of properties pertaining to any project or any facilities;
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any facilities, or part thereof, and the source, custody, security, regulation, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto;
4. A fair and reasonable payment by the University or the Board from the general fund of the University or the Board or other available moneys to the account of any designated facilities for services rendered thereby to the University or the Board;
5. The payment of the cost of any project by delineating the purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof;
6. The application of any accrued interest and any premium from the sale of any bonds or other securities hereunder to the cost of a project, to any bond fund or other fund or account for the payment of interest on or the principal of the bonds or other securities, or both interest and principal, or to any reserve fund or account therefor, or any combination thereof;
7. The registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated;
8. The endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest; and where interest accruing on the securities is not represented by interest coupons the securities may provide for the endorsing of payments of interest thereon;
9. The endorsement of payments of principal on the bonds or other securities, where any bond or other securities are registered for payment as to principal;
10. The initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof, and the endorsement of payments of interest or principal, or both interest and principal, on the securities;
11. The manner and circumstances in and under which any such bond or other securities may in the future, at the request of the holder thereof, be converted into bonds or other securities of larger or smaller denominations, which bonds or other securities of larger or smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment;
12. The reissuance of any outstanding bond or other securities, and the terms and conditions thereof, whether lost, apparently destroyed, wrongfully taken, or for any other reason, as provided in the Uniform Commercial Code—Investment Securities, or otherwise;
13. The temporary investment and any reinvestment of proceeds of bonds or other securities or pledged revenues, or both such proceeds and revenues, in federal securities;
14. The deposit of moneys or federal securities, or both moneys and such securities, with and securing their repayment by a commercial bank or commercial banks within or without or both within and without this state;
15. The pledge of and the creation of a lien upon pledged revenues or the proceeds of bonds or other securities pending their application to defray the cost of any project, or both such revenues and proceeds of securities, to secure the payment of bonds or other securities issued hereunder;
16. The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any pledged revenues or other moneys pledged for the payment of securities and the creation of future liens and encumbrances thereagainst;
17. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of the facilities or any property of the Board or University; and the making and enforcement of reasonable parietal rules that shall insure the use of the facilities by all students in attendance at the University who reside on the campus of the University, or otherwise, to the maximum extent to which the facilities are capable of serving such students;
18. The determination or definition of pledged revenues from any facilities or of operation and maintenance expenses of facilities, the use and disposition of such revenues and the manner of and limitations upon paying such expenses;
19. The creation of special funds and accounts appertaining to any pledged revenues or to the bonds or other securities issued hereunder;
20. The insurance to be carried by the University or the Board or any other person in interest and use and disposition of insurance moneys, the acquisition of completion, performance, surety and fidelity bonds appertaining to any project or funds, or both, and the use and disposition of any proceeds of such bonds;
21. Books of account, the inspection and audit thereof, and other records appertaining to any project, facilities or pledged revenues;
22. The assumption or payment or discharge of any obligation, lien or other claim relating to any part of any project, any facilities, or any securities having or which may have a lien on any part of any pledged revenues or other moneys of the Board or University;
23. Limitations on the powers of the University or the Board to acquire or operate, or permit the acquisition or operation of, any structures, facilities or properties which may compete or tend to compete with any facilities;
24. The vesting in a corporate or other trustee or trustees such property, rights, powers and duties in trust as the Board may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee;
25. The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the resolution or of any covenant or contract with the holders of the securities;
26. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the University or the Board of any covenants, conditions or obligations;
27. The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby;
28. The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of any facilities or service, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the Board itself might do;
29. A procedure by which the terms of any resolution authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given;
30. The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived; and
31. All such acts and things as may be necessary or convenient or desirable in order to secure the securities, or in the discretion of the Board tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the Board power to do all things in the issuance of the University’s or the Board’s securities and for their security except as herein expressly limited.
(Added to NRS by 1967, 13; A 1971, 2122)
NRS 396.8625 Agreements in connection with securities: Exchange of interest rates; payment of interest at fixed rate or variable rate; terms; exemption from limitation on rates of interest; payments from pledged revenues authorized.
1. The University, in connection with securities it has issued or proposes to issue, may enter into an agreement for an exchange of interest rates as provided in this section if the Board finds that such an agreement would be in the best interests of the University.
2. The University may enter into an agreement to exchange interest rates only if:
(a) The long-term debt obligations of the person with whom the University enters the agreement are rated “A” or better by a nationally recognized rating agency; or
(b) The obligations pursuant to the agreement of the person with whom the University enters the agreement are either:
(1) Guaranteed by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency; or
(2) Collateralized by obligations deposited with the University or an agent of the University which would be legal investments for the State pursuant to NRS 355.140 and which have a market value at the time the agreement is made of not less than 100 percent of the principal amount upon which the exchange of interest rates is based.
3. The University may agree, with respect to securities that the University has issued or proposes to issue bearing interest at a variable rate, to pay sums equal to interest at a fixed rate or rates or at a different variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a variable rate determined pursuant to a formula set forth in the agreement.
4. The University may agree, with respect to securities that the University has issued or proposes to issue bearing interest at a fixed rate or rates, to pay sums equal to interest at a variable rate determined pursuant to a formula set forth in the agreement on an amount not to exceed the outstanding principal amount of the securities with respect to which the agreement is made, in exchange for an agreement to pay sums equal to interest on the same principal amount at a fixed rate or rates set forth in the agreement.
5. The term of an agreement entered into pursuant to this section must not exceed the term of the securities with respect to which the agreement was made.
6. The University’s obligations to make payments under the agreement may be secured by any of the pledged revenues that are pledged to the securities in connection with the agreement as executed, so long as the pledge does not violate the terms of any resolution or other instrument appertaining to outstanding securities issued hereunder.
7. Limitations upon the rate of interest on securities do not apply to interest paid pursuant to an agreement entered into pursuant to this section.
8. If the University has entered into an agreement pursuant to this section with respect to those securities, it may treat the amount or rate of interest on the securities as the amount or rate of interest payable after giving effect to the agreement for the purpose of calculating:
(a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay the securities;
(b) Statutory requirements concerning revenue coverage that are applicable to the securities; and
(c) Any other amounts which are based upon the rate of interest of the securities.
9. Subject to covenants applicable to the securities, any payments required to be made by the University under the agreement may be made from pledged revenues that are pledged to pay debt service on the securities with respect to which the agreement was made or from any other legally available source.
(Added to NRS by 2001, 2648)
NRS 396.863 Pledged revenues received or credited subject to immediate lien; priority and validity of lien.
1. Revenues pledged for the payment of any securities, as received by or otherwise credited to the University or the Board, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or further act.
2. The lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing resolution or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the University or the Board, except as may be otherwise provided herein or in such resolution or other instrument, and subject to any prior pledges and liens theretofore created.
3. The lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the Board or University irrespective of whether such persons have notice thereof.
(Added to NRS by 1967, 16)
NRS 396.864 Rights and powers of holders of securities and trustees. Subject to any contractual limitations binding upon the holders of any issue or series of securities, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of securities, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of securities similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his or her rights against the Board or University, or both, the Chancellor of the University, and any other of the officers, agents and employees of the Board or University, or both, to require and compel the Board or University, or both, or any such officers, agents or employees to perform and carry out their respective duties, obligations or other commitments hereunder and their respective covenants and agreements with the holder of any security;
2. By action or suit in equity to require the Board or University, or both, to account as if they were the trustee of an express trust;
3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any facilities and any pledged revenues for the payment of the securities, prescribe sufficient fees derived from the facilities, and collect, receive and apply all pledged revenues or other moneys pledged for the payment of the securities in the same manner as the Board itself might do in accordance with the obligations of the University or the Board; and
4. By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the holder of any securities and to bring suit thereupon.
(Added to NRS by 1967, 17; A 1969, 1441)
NRS 396.865 Receivers: Appointment; powers and duties.
1. If a resolution of the Board authorizing or providing for the issuance of any securities of any series or any other proceedings appertaining thereto contains a provision authorized by subsection 28 of NRS 396.862 and further provides in substance that any trustee appointed pursuant to subsection 24 of NRS 396.862 shall have the powers provided by that subsection, then such trustee, whether or not all of the bonds or other securities of such series have been declared due and payable, shall be entitled as of right to the appointment of a receiver of the facilities appertaining thereto.
2. Any receiver appointed as permitted by subsection 28 of NRS 396.862 may enter upon and take possession of the facilities and property appertaining thereto, and, subject to any pledge or contract with the holders of such securities, shall take possession of all moneys and other property derived from or applicable to the acquisition, operation, maintenance or improvement of the facilities and proceed with such acquisition, operation, maintenance or improvement which the Board on its behalf or on the behalf of the University is under any obligation to do, and operate, maintain, equip and improve the facilities, and fix, charge, collect, enforce and receive the service charges and all revenues thereafter arising subject to any pledge thereof or contract with the holders of such securities relating thereto and perform the public duties and carry out the contracts and obligations of the University or the Board in the same manner as the Board itself might do and under the direction of the court.
(Added to NRS by 1967, 17; A 1969, 1601)
NRS 396.866 Rights and remedies cumulative. No right or remedy conferred upon any holder of any securities or any coupon appertaining thereto or any trustee for such holder hereby or by any proceedings appertaining to the issuance of such securities or coupons is exclusive of any right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred hereby or by any other law.
(Added to NRS by 1967, 18)
NRS 396.867 Failure of holder to proceed does not relieve University and its officers, agents and employees of liability for nonperformance of duties. The failure of any holder of any securities or any coupons appertaining thereto so to proceed as herein provided or in such proceedings shall not relieve the Board or the University, or any of their officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.
(Added to NRS by 1967, 18)
NRS 396.868 Interim debentures: Maturity; use of proceeds; issuance.
1. Any interim debentures may mature at such time or times not exceeding a period of time equal to the estimated time needed to effect the purpose or purposes for which they are issued or for which the bonds are authorized to be issued, but not exceeding 5 years from the date of the interim debentures, as the Board may determine.
2. The proceeds of interim debentures shall be used to defray the cost of the project appertaining thereto.
3. Any notes or warrants or both notes and warrants may be funded with the proceeds of interim debentures, as well as with the proceeds of bonds.
4. Except as otherwise provided in NRS 396.868 to 396.871, inclusive, interim debentures shall be issued as provided herein for Board or University securities in NRS 396.839 to 396.867, inclusive, and 396.880 to 396.885, inclusive.
(Added to NRS by 1967, 18; A 1969, 1602; 1975, 874)
NRS 396.869 Interim debentures: Security for payment.
1. Pledged revenues and other money, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued to secure the payment of interim debentures, or any combination thereof, may be pledged to secure the payment of interim debentures.
2. Any bonds pledged as collateral security for the payment of any interim debentures mature at such time or times as the Board may determine, but in no event exceeding 50 years from the dates of such bonds and such interim debentures, or if the dates are not the same, from whichever date is the earlier.
3. Any bonds pledged as collateral security must not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of the bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
(Added to NRS by 1967, 18; A 1969, 1298; 1971, 2125; 1975, 874; 1981, 1417; 1983, 585)
NRS 396.870 Interim debentures: Extension and funding. No interim debentures issued pursuant to the provisions hereof shall be extended or funded except by the issuance or reissuance of a bond or bonds in compliance herewith.
(Added to NRS by 1967, 18)
NRS 396.871 Interim debentures: Funding by reissuance of bonds pledged as collateral security; issuance of other bonds.
1. For the purpose of funding any interim debentures, any bonds pledged as collateral security to secure the payment of such interim debentures (upon their surrender as pledged property) may be reissued, and any bonds not previously issued but authorized to be issued by any law for a purpose or purposes the same as or encompassing the purpose or purposes for which the interim debentures were issued, may be issued for such a funding.
2. Any such bonds shall mature at such time or times as the Board may determine, but in no event exceeding 50 years from the dates of the interim debentures so funded and the bonds so pledged as collateral security, or if the dates are not the same, from whichever date is the earlier.
3. Bonds for funding (including but not necessarily limited to any such reissued bonds) and bonds for any other purpose or purposes may be issued separately or issued in combination in one series or more.
4. Except as herein otherwise provided in NRS 396.868 to 396.871, inclusive, any such funding bonds shall be issued as is provided herein for other bonds.
(Added to NRS by 1967, 19)
NRS 396.872 Refunding of securities payable from pledged revenues: Resolution; trust indenture; limitations on call for prior redemption; exchange of outstanding securities held by State or its agencies; outstanding securities evidencing long-term loans.
1. Any bonds of the Board or University issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the Board on its behalf or on behalf of the University by the adoption of a resolution or resolutions by the Board and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of bonds to refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues:
(a) For the acceleration, deceleration or other modification of the payment of such obligations, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds;
(b) For the purpose of reducing interest costs or effecting other economies;
(c) For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or otherwise relating to any facilities appertaining thereto; or
(d) For any combination of the purposes stated in paragraphs (a), (b) and (c).
2. Nothing contained herein nor in any other law of this state shall be construed to permit the Board to call on its behalf or on behalf of the Board or University bonds or other securities now or hereafter outstanding for prior redemption in order to fund or refund such securities or in order to pay them prior to their stated maturities, unless the right to call such securities for prior redemption was specifically reserved and stated in such securities at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding securities are strictly observed. It is the intention of this subsection to make it certain that the holder of no outstanding bond or other security may be compelled to surrender such security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the Board or University.
3. Notwithstanding the provisions of subsection 2 of this section or of any other law, this state, acting by and through the State Board of Finance, may agree with the University or its Board to exchange any outstanding bonds or other securities of the University or the Board and held by the State, or any agency, corporation, department or other instrumentality of the State, for funding or refunding bonds or other funding securities of the University or the Board, or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds or other securities to the Board for funding or refunding at any time prior to their respective maturities or to any date as of which the Board has the right and option to call on its behalf or on behalf of the University such outstanding bonds or other securities for prior redemption as expressly provided in the outstanding securities and any resolution, trust indenture or other proceedings authorizing their issuance.
4. Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the University or the Board regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.
(Added to NRS by 1967, 19; A 1969, 1602)
NRS 396.873 Refunding bonds: Exchange for outstanding bonds or federal securities; public or private sale.
1. Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold.
2. The refunding bonds, or any part thereof, may be exchanged by the Board for federal securities which have been made available for escrow investment by any purchaser of refunding bonds, upon terms of exchange mutually agreed upon, and any federal securities so received by the Board shall be placed in escrow as provided in NRS 396.875 and 396.876.
(Added to NRS by 1967, 20)
NRS 396.874 Conditions for refunding bonds.
1. No bonds may be refunded hereunder unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years after the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period.
2. The maturity of any bond refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate which exceeds by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
3. The principal amount of the refunding bonds may exceed, be less than or be the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
(Added to NRS by 1967, 20; A 1969, 1299; 1971, 2125; 1975, 874; 1981, 1417; 1983, 585, 1034, 1596)
NRS 396.875 Refunding bonds: Disposition of proceeds, accrued interest and premium; costs; escrow; trusts.
1. Except as herein otherwise provided, the proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any trust bank or trust banks within or without or both within and without this state to be applied to the payment of the refunded bonds or the refunding bonds, or both the refunded bonds and the refunding bonds, upon their presentation therefor to the extent, in such priority and otherwise in the manner which the Board may determine.
2. The incidental costs of the refunding of bonds may be paid by the purchaser of the refunding bonds or be defrayed from any general fund or other available revenues of the University or the Board or from the proceeds of the refunding bonds, or from the interest or other yield derived from the investment of any refunding bond proceeds or other moneys in escrow or trust, or from any other sources legally available therefor, or any combination thereof, as the Board may determine.
3. Any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or to both interest and principal, or may be deposited in a reserve therefor, or may be used to refund bonds by deposit in escrow, trust or otherwise, or may be used to defray any incidental costs appertaining to the refunding, or any combination thereof, as the Board may determine.
(Added to NRS by 1967, 20)
NRS 396.876 Proceeds of refunding bonds in escrow or trust: Investment; security; sufficient amount; purchaser not responsible for application of proceeds.
1. Any such escrow or trust shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose.
2. Any proceeds in escrow or trust, pending such use, may be invested or reinvested in federal securities.
3. Any trust bank accounting for federal securities in such escrow or trust may place them for safekeeping wholly or in part in any trust bank or trust banks within or without or both within and without this state.
4. Any trust bank shall continuously secure any moneys placed in escrow or trust and not so invested or reinvested in federal securities by a pledge in any trust bank or trust banks within or without or both within and without the State of federal securities in an amount at all times at least equal to the total uninvested amount of such moneys accounted for in such escrow or trust.
5. Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, shall be in an amount at all times at least sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee and any other incidental expenses payable therefrom, except to the extent provision may have been previously otherwise made therefor, as such obligations become due at their respective maturities or due at designated prior redemption date or dates in connection with which the Board shall have exercised or shall be obligated to exercise a prior redemption option on its behalf or on behalf of the University.
6. The computations made in determining such sufficiency shall be verified by a certified public accountant certified or licensed to practice in this state or in any other state.
7. Any purchaser of any refunding bond issued hereunder shall in no manner be responsible for the application of the proceeds thereof by the Board or the University or any of their respective officers, agents or employees.
(Added to NRS by 1967, 21)
NRS 396.877 Refunding bonds payable from pledged revenues. Refunding bonds may be made payable from any pledged revenues which might be legally pledged for the payment of the bonds being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the Board may determine, notwithstanding the revenue sources or the pledge of such revenues for the payment of the outstanding bonds being refunded is hereby modified.
(Added to NRS by 1967, 21)
NRS 396.878 Issuance of bonds separately or in combination. Bonds for refunding and bonds for any other purpose or purposes authorized by any other law may be issued separately or issued in combination in one series or more by the University or the Board.
(Added to NRS by 1967, 22)
NRS 396.879 Other statutory provisions applicable to refunding bonds. Except as in NRS 396.872 to 396.878, inclusive, expressly provided or necessarily implied, the relevant provisions elsewhere herein appertaining generally to the issuance of bonds to defray the cost of any project shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the resolution authorizing the issuance of the bonds, or other instruments or proceedings appertaining thereto, and other aspects of the bonds.
(Added to NRS by 1967, 22)
NRS 396.880 Conclusive determination of Board of Regents that statutory limitations have been met. The determination of the Board that the limitations hereunder imposed upon the issuance of bonds or upon the issuance of other securities hereunder, including without limitation any securities for funding or refunding securities, have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by NRS 396.851.
(Added to NRS by 1967, 22; A 1969, 1603)
NRS 396.881 Bonds and other securities exempt from taxation; exception.
1. Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to the provisions of the University Securities Law, their transfer and the income therefrom must forever be and remain free and exempt from taxation by this state or any subdivision thereof.
2. The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.
(Added to NRS by 1967, 22; A 1989, 2108; 1991, 1712)
NRS 396.882 Bonds and other securities legal investments for state money. It is legal for the State Board of Finance to invest any permanent state funds or other state funds available for investment in any of the bonds or other securities authorized to be issued pursuant to the provisions hereof.
(Added to NRS by 1967, 22)
NRS 396.883 Legal investments for other persons.
1. It is legal for any bank, trust company, banker, savings bank or institution, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or money in his or her custody in any of the bonds or other securities issued hereunder.
2. Nothing contained in this section with regard to legal investments relieves any representative of any corporation or other person of any duty of exercising reasonable care in selecting securities.
(Added to NRS by 1967, 22; A 1983, 134)
NRS 396.884 Sufficiency of NRS 396.809 to 396.885, inclusive.
1. NRS 396.809 to 396.885, inclusive, without reference to other statutes of this state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of the incidental powers herein granted concerning the borrowing of money to defray wholly or in part the cost of any project appertaining to the University or the Board, or to refinance outstanding loans, or both, and the issuance of bonds or other securities to evidence such loans or other obligations or to fund or refund outstanding securities, or any combination thereof, as the Board may determine.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. The powers conferred by NRS 396.809 to 396.885, inclusive, shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by NRS 396.809 to 396.885, inclusive, shall not affect the powers conferred by, any other law.
4. Nothing contained in NRS 396.809 to 396.885, inclusive, shall be construed as preventing the exercise of any power granted to the Board or to the University acting by and through the Board, or any officer, agent or employee thereof, by any other law.
5. No part of NRS 396.809 to 396.885, inclusive, shall repeal or affect any other law or part thereof, it being intended that NRS 396.809 to 396.885, inclusive, shall provide a separate method of accomplishing their objectives and not an exclusive one; and NRS 396.809 to 396.885, inclusive, shall not be construed as repealing, amending or changing any such other law.
(Added to NRS by 1967, 22)
NRS 396.885 Liberal construction. NRS 396.809 to 396.885, inclusive, being necessary to secure the public health, safety, convenience and welfare shall be liberally construed to effect their purposes.
(Added to NRS by 1967, 23)
PROGRAM TO PROVIDE LOANS TO NURSING STUDENTS
NRS 396.890 Administration by Board of Regents; eligibility for loans; terms and repayment of loans; delinquency charges.
1. The Board of Regents may administer, directly or through a designated officer or employee of the System, a program to provide loans for fees, books and living expenses to students in the nursing programs of the System.
2. Each student to whom a loan is made must:
(a) Have been a “bona fide resident” of Nevada, as that term is defined in NRS 396.540, for at least 6 months prior to the “matriculation” of the student in the System, as that term is defined pursuant to NRS 396.540;
(b) Be enrolled at the time the loan is made in a nursing program of the System for the purpose of becoming a licensed practical nurse or registered nurse;
(c) Except as otherwise provided in NRS 396.158, fulfill all requirements for classification as a full-time student showing progression towards completion of the program; and
(d) Except as otherwise provided in NRS 396.158, maintain at least a 2.00 grade point average in each class and at least a 2.75 overall grade point average, on a 4.0 grading scale.
3. Each loan must be made upon the following terms:
(a) All loans must bear interest at 8 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of the student’s education for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of the student’s education for which the loan is made. The amounts of the installments must not be less than $50 and may be calculated to allow a smaller payment at the beginning of the period of repayment, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period for repayment. The period for repayment of the loans must be:
(1) Five years for loans which total less than $10,000.
(2) Eight years for loans which total $10,000 or more, but less than $20,000.
(3) Ten years for loans which total $20,000 or more.
4. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorney’s fee may be recovered in the event of delinquency.
(Added to NRS by 1989, 2134; A 1993, 359; 2005, 1421; 2021, 3685)
NRS 396.891 Limitations on amount of loans; distribution of loans among campuses of System.
1. The loans made pursuant to NRS 396.890 to 396.898, inclusive, must not exceed the following amounts per student per semester. If the student is enrolled in a program of:
(a) A community college, $1,700.
(b) A university, $2,005.
2. Any money distributed pursuant to NRS 396.890 to 396.898, inclusive, must be distributed among the campuses of the System in amounts that will allow the same percentage of eligible students enrolled in the licensed practical nurse and registered practical nurse programs of each campus to receive loans.
(Added to NRS by 1989, 2135; A 1993, 360)
NRS 396.892 Repayment of loans; exceptions; regulations.
1. Each student who receives a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall repay the loan and accrued interest pursuant to the terms of the loan unless the student:
(a) Practices nursing in a rural area of Nevada or as an employee of the State for 6 months for each academic year for which he or she received a loan; or
(b) Practices nursing in any other area of Nevada for 1 year for each academic year for which he or she received a loan.
2. The Board of Regents may adopt regulations:
(a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and
(b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,
Ê and such other regulations as are necessary to carry out the provisions of NRS 396.890 to 396.898, inclusive.
3. As used in this section, “practices nursing in a rural area” means that the person practices nursing in an area located in a county whose population is less than 52,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.
(Added to NRS by 1989, 2135; A 2001, 1988; 2011, 1251; 2023, 270)
NRS 396.893 Board of Regents may require cosigner or security for loan. The Board of Regents or its designee may require:
1. A student to acquire, as security for a student loan, insurance on the student’s life and on the student’s health or against the student’s disability, or both.
2. That a financially responsible person agree to be jointly liable with the recipient for the repayment of the loan.
(Added to NRS by 1989, 2136)
NRS 396.894 Board of Regents may require repayment of balance of loan under certain circumstances. The Board of Regents or its designee may require, upon notice to a recipient of a loan, that the recipient repay the balance and any unpaid interest on the loan at once if:
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the Board of Regents or its designee, within 30 days, of:
(a) A change of name or of the address of his or her home or place of practice; or
(b) The termination of the education for which he or she received the loan; or
3. The recipient fails to comply with any other requirement or perform any other obligation the recipient is required to perform pursuant to any agreement with the Board of Regents or its designee.
(Added to NRS by 1989, 2136)
NRS 396.895 Recipient of loan required to comply with regulations adopted by Board of Regents; penalties. A recipient of a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall comply with the regulations adopted by the Board of Regents. If the recipient fails so to comply, the Board of Regents or its designee may:
1. For each infraction, impose a fine of not more than $200 against any recipient in any academic year, and may deny additional money to any student who fails to pay the fine when due;
2. Increase the portion of any future loan to be repaid by the recipient; and
3. Extend the time a recipient is required to practice nursing to repay his or her loan.
(Added to NRS by 1989, 2136)
NRS 396.896 Extension of period for repayment of loan: Application; approval by Board of Regents.
1. The Board of Regents or its designee may, after receiving an application stating the reasons therefor, grant an extension of the period for the repayment of a loan in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time prescribed by regulation of the Board of Regents.
(Added to NRS by 1989, 2136)
NRS 396.897 Credit towards repayment of loan for certain professional services provided without compensation. A person obligated to repay a student loan may, as determined by the Board of Regents or its designee, receive credit towards payment of the loan for professional services provided without compensation to the State or any of its political subdivisions.
(Added to NRS by 1989, 2136)
NRS 396.898 Powers of Board of Regents. The Board of Regents may:
1. Receive, invest, disburse and account for all money received for the program.
2. Report to the Governor and the Legislature before September 1 of any year preceding a regular session of the Legislature, setting forth in detail the transactions conducted by it during the biennium ending June 30 of such year.
3. Make recommendations for any legislative action deemed by it advisable.
(Added to NRS by 1989, 2136)
HEALTH SERVICES IN UNDERSERVED AREAS
NRS 396.899 Nevada Health Service Corps: “Practitioner” defined. As used in NRS 396.899 to 396.903, inclusive, unless the context otherwise requires, “practitioner” has the meaning ascribed to it in NRS 439A.0195.
(Added to NRS by 2003, 20th Special Session, 276)
NRS 396.900 Nevada Health Service Corps: Establishment by Board of Regents authorized. The University of Nevada School of Medicine may establish a Nevada Health Service Corps to encourage practitioners to practice in areas of Nevada in which a shortage of that type of practitioner exists.
(Added to NRS by 1989, 2155; A 1993, 360; 2003, 20th Special Session, 279)
NRS 396.901 Nevada Health Service Corps: Primary purposes. The primary purposes of the Nevada Health Service Corps must be to:
1. Recruit practitioners for participation in the program;
2. Designate areas of Nevada in which a shortage of each type of practitioner exists;
3. Match practitioners with the designated areas; and
4. Help practitioners to negotiate contracts to serve in the designated areas.
(Added to NRS by 1989, 2156; A 2003, 20th Special Session, 279)
NRS 396.902 Nevada Health Service Corps: Powers of University of Nevada School of Medicine. The University of Nevada School of Medicine may:
1. Apply for any matching money available for the program from the Federal Government.
2. Adopt regulations necessary to carry out the provisions of NRS 396.899 to 396.903, inclusive.
3. Receive, invest, disburse and account for all money received from the Federal Government or any other source for this program.
(Added to NRS by 1989, 2156; A 2003, 20th Special Session, 279)
NRS 396.903 Nevada Health Service Corps: Program for repayment of loans on behalf of certain practitioners.
1. The University of Nevada School of Medicine may authorize the Nevada Health Service Corps to administer a program under which money for loans is repaid on behalf of a practitioner for each year he or she practices in an area of Nevada in which a shortage of that type of practitioner exists, as determined by the Nevada Office of Rural Health within the University of Nevada School of Medicine and the Nevada Health Service Corps.
2. To qualify for the program, a practitioner required to be licensed pursuant to the provisions of chapter 630, 630A, 633 or 634 of NRS must have completed his or her primary care residency and hold an active license issued pursuant to chapter 630, 630A, 633 or 634 of NRS. All other practitioners must have completed training in a certified program and have an active license, certification or registration from the State of Nevada.
(Added to NRS by 1989, 2155; A 2003, 20th Special Session, 279)
NRS 396.905 Use of money by the University of Nevada School of Medicine for development of obstetrical access program. Any gift, donation, bequest, grant or other source of money received by the University of Nevada School of Medicine for the development of an obstetrical access program may be used to:
1. Provide financial support and education to faculty and residents in the Departments of Family and Community Medicine and Obstetrics and Gynecology within the University of Nevada School of Medicine and to expand the clinical services provided by such faculty and residents in areas and to populations that need obstetrical services.
2. Provide money to Nevada Health Centers, Inc., or its successor, to expand the clinical prenatal and obstetrical practice base of community health center clinics and to provide uninsured, underinsured and Medicaid patients with increased access to clinical prenatal and obstetrical care.
3. Establish a fund that allows practicing community providers of prenatal care that are participating in the obstetrical access program to draw upon money to partially compensate them for providing care to patients who have no access to clinical care because of their financial status.
4. Develop a database of clinical practitioners providing prenatal or obstetrical services throughout the State to monitor and analyze:
(a) The relationship between declining services and the supply and distribution of appropriate providers of health care;
(b) The impact of access to care issues on pregnant women, including, without limitation, poor birth outcomes which result from lack of access to care, the financial impact of such poor birth outcomes and the effects of receiving inadequate prenatal care; and
(c) The impact of adverse judicial decisions on the delivery of obstetrical services.
5. Subsidize malpractice costs for clinical providers of prenatal care who maintain at least 30 percent or more of prenatal or obstetrical patients in their practice who are uninsured, underinsured or insured by Medicaid, or who use a sliding fee scale based on a patient’s financial resources when charging for such services. The subsidy must be calculated based on the number of qualified clinical providers of prenatal care, the proportion of financially compromised patients served by such providers and the total amount of money available for subsidies.
(Added to NRS by 2003, 20th Special Session, 276)
NRS 396.906 Nevada Office of Rural Health: Establishment; duties; use of gifts and other money.
1. The Nevada Office of Rural Health is hereby established within the University of Nevada School of Medicine to administer matters relating to the delivery of health care services to rural and frontier areas in this state. The Nevada Office of Rural Health shall:
(a) Evaluate the need for programs concerning the delivery of health care services to rural and frontier areas in this state and make recommendations to the University of Nevada School of Medicine and the Legislature to carry out such programs; and
(b) Establish, administer and coordinate programs which affect the delivery of health care services to rural and frontier areas in this state, including, without limitation, programs relating to:
(1) The education and training of providers of health care who provide services in rural and frontier areas;
(2) The needs of rural and frontier areas for health care services and the manner in which such health care services may be effectively delivered;
(3) The delivery of health care services to rural and frontier areas;
(4) The financing of the delivery of health care services to rural and frontier areas; or
(5) The collection of data necessary for the Nevada Office of Rural Health to carry out its duties concerning the delivery of health care services to rural and frontier areas.
2. Any gift, donation, bequest, grant or other source of money received by the Nevada Office of Rural Health may be used to carry out the provisions of this section.
(Added to NRS by 2003, 20th Special Session, 277)
NRS 396.907 Area Health Education Center Program: Establishment; duties; use of gifts and other money.
1. The Area Health Education Center Program is hereby established within the University of Nevada School of Medicine to support education and training programs for students studying to become practitioners, or residents or practitioners who will provide or are providing health care services in medically underserved areas in this state, including urban and rural areas. The Area Health Education Center Program shall:
(a) Assist the area health education centers within Nevada in providing:
(1) Career opportunities in health care;
(2) Information to practitioners and other providers of health care;
(3) Continuing education for practitioners and other providers of health care; and
(4) Stipends for the education and training of students studying to become practitioners and residents who will provide or who are providing health care services in medically underserved areas in this state;
(b) Assess and develop training programs concerning the appropriate curriculum for primary care and other priority health care services;
(c) Enhance the training programs in primary care by providing additional entry-level positions and faculty to increase the availability of practitioners and other providers of health care;
(d) Increase the percentage of medical students committing to residencies and careers in primary care;
(e) Provide a greater percentage of primary care residents to medically underserved areas in this state;
(f) Develop and enhance training programs necessary to address the primary health care needs of persons in this state; and
(g) Establish interdisciplinary opportunities for education and training for practitioners and other providers of health care.
2. Any gift, donation, bequest, grant or other source of money received by the Area Health Education Center Program may be used to carry out the provisions of this section.
3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 439A.0195.
(Added to NRS by 2003, 20th Special Session, 277)
NRS 396.908 Medical Education Council of Nevada: Establishment; duties; use of gifts and other money.
1. The Medical Education Council of Nevada is hereby established within the University of Nevada School of Medicine to ensure that Nevada has an adequate, well-trained health care workforce to meet the needs of the residents of this State. The Medical Education Council of Nevada shall:
(a) Determine the workforce needs for the provision of health care services in this State;
(b) Determine the number and types of positions of employment for which money appropriated to the Medical Education Council of Nevada may be used, including, without limitation, positions for practitioners, other providers of health care and other personnel to staff health care facilities and programs;
(c) Investigate and make recommendations to the University of Nevada School of Medicine and the Legislature on the status and needs of practitioners, other providers of health care and other personnel of health care facilities or programs;
(d) Determine a method for reimbursing institutions that sponsor practitioners, other providers of health care or other personnel of health care facilities or programs;
(e) To the extent authorized by federal law, prepare and submit a formal application to the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services for the purpose of receiving and dispersing federal money for graduate medical education expenses;
(f) Distribute a portion of any money it receives for graduate medical education expenses in a manner that:
(1) Prepares postgraduate medical and dental residents, as defined by the Accreditation Council for Graduate Medical Education, to provide inpatient, outpatient and hospital services in various communities and in geographically diverse settings;
(2) Encourages the coordination of interdisciplinary clinical training by practitioners and other providers of health care to such postgraduate medical and dental residents; and
(3) Promotes funding for accredited clinical training programs provided by practitioners or other providers of health care to such postgraduate medical and dental residents;
(g) Apply for grants, gifts and donations from public and private sources, including the Federal Government, to carry out the objectives of the Medical Education Council of Nevada;
(h) Initiate a cooperative agreement with the Department of Health and Human Services to promote the intergovernmental transfer of money for the purposes of receiving and dispersing money to carry out the objectives of the Medical Education Council of Nevada; and
(i) Distribute additional financial resources to training programs for practitioners, other providers of health care or other personnel of health care facilities or programs in the State.
2. Any gift, donation, bequest, grant or other source of money received by the Medical Education Council of Nevada may be used to carry out the provisions of this section.
3. As used in this section, “practitioner” has the meaning ascribed to it in NRS 439A.0195.
(Added to NRS by 2003, 20th Special Session, 278)
THE GOVERNOR GUINN MILLENNIUM SCHOLARSHIP PROGRAM
NRS 396.911 Legislative declaration.
1. The Legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good health.
2. To further these priorities, the Legislature hereby declares that it is in the best interest of the residents of the State of Nevada that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:
(a) Increasing the number of residents of the State of Nevada who enroll in and attend a university, college or community college in the State of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care for children and adults in this State, especially for children and for adults with disabilities;
(d) Assisting senior citizens who have modest incomes in purchasing prescription drugs and assisting those senior citizens in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of Nevada.
(Added to NRS by 1999, 2750; A 2001, 1416)
NRS 396.914 Definitions. As used in NRS 396.911 to 396.945, inclusive, unless the context otherwise requires, the words and terms defined in NRS 396.916 to 396.922, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2751; A 2001, 1416; 2011, 37; 2020, 31st Special Session, 7)
NRS 396.916 “Eligible institution” defined. “Eligible institution” means:
1. A university, state college or community college within the System; or
2. Any other nonsectarian college or university that:
(a) Was originally established in, and is organized under the laws of, this State, or operates a clinical program within this State in which students enrolled in the college or university receive training;
(b) Is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3); and
(c) Is accredited by a regional accrediting agency recognized by the United States Department of Education.
(Added to NRS by 2001, 1415; A 2023, 2754)
NRS 396.917 “Memorial Scholarship” defined. “Memorial Scholarship” means the Kenny C. Guinn Memorial Millennium Scholarship that is awarded to a student from the account established pursuant to NRS 396.940.
(Added to NRS by 2011, 36)
NRS 396.918 “Millennium Scholarship” defined. “Millennium Scholarship” means a Governor Guinn Millennium Scholarship that is awarded from the Trust Fund to a student.
(Added to NRS by 1999, 2751; A 2005, 22nd Special Session, 147)
NRS 396.922 “Trust Fund” defined. “Trust Fund” means the Millennium Scholarship Trust Fund created pursuant to NRS 396.926.
(Added to NRS by 1999, 2751)
NRS 396.926 Creation of Program; Millennium Scholarship Trust Fund; deposit and investment of money in Fund; administration by Treasurer; use of money in Fund.
1. The Governor Guinn Millennium Scholarship Program is hereby created for the distribution of the Governor Guinn Millennium Scholarships in accordance with NRS 396.911 to 396.945, inclusive. The Millennium Scholarship Trust Fund is hereby created in the State Treasury. The State Treasurer may accept gifts, grants, bequests and donations for deposit in the Trust Fund.
2. The State Treasurer shall deposit in the Trust Fund:
(a) Forty percent of all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products;
(b) Forty percent of all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products; and
(c) Any gifts, grants, bequests or donations specifically designated for the Trust Fund by the donor.
3. The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:
(a) Shall maintain the financial records of the Trust Fund;
(b) Shall invest the money in the Trust Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Trust Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Trust Fund.
4. In addition to the investments authorized pursuant to paragraph (b) of subsection 3, the State Treasurer may, except as otherwise provided in subsection 5, invest the money in the Trust Fund in:
(a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 25 percent of the book value of the total investments of the Trust Fund;
(4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and
(5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.
(b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.
(c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 3 and paragraphs (a) and (b) of this subsection.
5. The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 4 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 4. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
6. All interest and income earned on the money in the Trust Fund must, after deducting any applicable charges, be credited to the Trust Fund. All claims against the Trust Fund must be paid as other claims against the State are paid.
7. Not more than 3 percent of the anticipated annual revenue to the State of Nevada from the settlement agreements with and civil actions against manufacturers of tobacco products anticipated for deposit in the Trust Fund may be used to pay the costs of administering the Trust Fund.
8. The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
9. Money in the Trust Fund may be used for the purposes set forth in NRS 396.914 to 396.945, inclusive, or for any other purpose authorized by the Legislature.
(Added to NRS by 1999, 2751; A 2001, 2299; 2005, 22nd Special Session, 147; 2010, 26th Special Session, 12)
NRS 396.930 Eligibility requirements for Millennium Scholarship; duties and powers of Board of Regents; outreach to certain students; affidavit declaring eligibility.
1. Except as otherwise provided in subsections 2 and 4, a student may apply to the Board of Regents for a Millennium Scholarship if the student:
(a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and
(3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;
(d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:
(1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or
(3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class;
(e) Does not satisfy the requirements of paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State; and
(f) Except as otherwise provided in NRS 396.158, is enrolled in at least:
(1) Nine semester credit hours in a community college within the System;
(2) Twelve semester credit hours in another eligible institution originally established in and organized under the laws of this State or in a course of study at an eligible institution for which the completion of a clinical program located in this State is required; or
(3) A total of 12 or more semester credit hours in eligible institutions described in paragraph (b) if the student is enrolled in more than one eligible institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.
(b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.
(2) The minimum number of credits prescribed in paragraph (f) of subsection 1.
(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 4.
(f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
3. If the Board of Regents requires a student to successfully complete courses in mathematics or science to be eligible for a Millennium Scholarship, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward that requirement.
4. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
Ê to be eligible for Millennium Scholarships.
5. In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.
6. The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicant’s eligibility for a Millennium Scholarship pursuant to the requirements of this section.
(Added to NRS by 1999, 2751; A 2001, 1416; 2003, 2962; 2005, 22nd Special Session, 149; 2007, 23rd Special Session, 10; 2009, 76, 706; 2015, 975, 2116; 2017, 4342; 2020, 31st Special Session, 7; 2021, 3685; 2023, 2754)
NRS 396.934 Maximum amount of Millennium Scholarship; remedial courses excluded from payment; requirements for continuing eligibility; recipients encouraged to volunteer community service; ineligibility if requirements not satisfied; disbursement upon certification of eligibility; procedures for refund.
1. Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:
(a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.
(b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.
(c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.
(d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.
Ê In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 15 semester credits per semester pursuant to this subsection.
2. No student may be awarded a Millennium Scholarship:
(a) To pay for remedial courses.
(b) For a total amount in excess of $10,000.
3. Except as otherwise provided in NRS 396.158, a student who receives a Millennium Scholarship shall:
(a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8; and
(b) Maintain at least a 2.75 grade point average on a 4.0 grading scale for each semester of enrollment in the Governor Guinn Millennium Scholarship Program.
4. A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.
5. If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:
(a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the student’s next semester of enrollment.
(b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.
6. A Millennium Scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the eligible institution.
7. The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.
8. The Board of Regents shall establish:
(a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 7.
(b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.
(c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.
(Added to NRS by 1999, 2752; A 2001, 1417, 2003, 2963; 2005, 22nd Special Session, 150; 2009, 78; 2011, 989; 2015, 2117; 2019, 1663; 2020, 31st Special Session, 9; 2021, 3687)
NRS 396.938 Development of plan to direct other financial aid to students who are not eligible for Millennium Scholarships. The Board of Regents shall develop a plan to direct a significant portion of other available financial aid to culturally disadvantaged or at-risk students, and students who graduated from high school before May 1, 2000, who wish to attend college and have the potential to be successful, but who do not otherwise meet the eligibility requirements for Millennium Scholarships.
(Added to NRS by 1999, 2753)
NRS 396.940 Establishment of account within Trust Fund to provide Kenny C. Guinn Memorial Millennium Scholarships; acceptance of gifts and grants; deposit and investment of money in account.
1. There is hereby established within the Trust Fund an account to provide Memorial Scholarships to students.
2. The State Treasurer may accept gifts, grants, bequests and donations for deposit in the account.
3. The State Treasurer shall deposit in the account any gifts, grants, bequests or donations specifically designated for the account or for the Kenny C. Guinn Memorial Millennium Scholarship Fund, a special memorial fund established following the death of Governor Kenny C. Guinn on July 22, 2010.
4. The money in the account must be invested as the other money in the Trust Fund is invested. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. All claims against the account must be paid as other claims against the State are paid.
5. The money in the account remains in the account and does not revert to the Trust Fund or any other fund at the end of any fiscal year.
(Added to NRS by 2011, 36)
NRS 396.945 Eligibility criteria for Memorial Scholarship; submission and review of applications; selection of recipient; maximum amount of Memorial Scholarship; authorized uses of Memorial Scholarship.
1. The Board shall annually award the Memorial Scholarship to:
(a) Two recipients who are students enrolled at:
(1) The University of Nevada, Reno, or Great Basin College;
(2) A nonprofit university which awards a bachelor’s degree in education to residents of northern Nevada; or
(3) Any other college or university which awards a bachelor’s degree in education and which is designated by the Board as an institution representative of northern Nevada; and
(b) Two recipients who are students enrolled at:
(1) The University of Nevada, Las Vegas, or Nevada State University;
(2) A nonprofit university which awards a bachelor’s degree in education to residents of southern Nevada; or
(3) Any other college or university which awards a bachelor’s degree in education and which is designated by the Board as an institution representative of southern Nevada.
2. The Board shall establish additional criteria governing the annual selection of each recipient of the Memorial Scholarship, which must include, without limitation, a requirement that a recipient:
(a) Be in or entering his or her senior year at an academic institution described in subsection 1;
(b) Satisfy the eligibility requirements for a Millennium Scholarship set forth in NRS 396.930;
(c) Except as otherwise provided in NRS 396.158, have a college grade point average of not less than 3.5 on a 4.0 grading scale or, if enrolled at an academic institution that does not use a grade point system to measure academic performance, present evidence acceptable to the Board that demonstrates a commensurate level of academic achievement;
(d) Have a declared major in elementary education or secondary education;
(e) Have a stated commitment to teaching in this State following graduation; and
(f) Have a record of community service.
3. A student who satisfies the criteria established pursuant to this section may apply for a Memorial Scholarship by submitting an application to the Office of the State Treasurer on a form provided on the Internet website of the State Treasurer.
4. The State Treasurer shall forward all applications received pursuant to subsection 3 to the Board. The Board shall review and evaluate each application received from the State Treasurer and select each recipient of the Memorial Scholarship in accordance with the criteria established pursuant to this section.
5. To the extent of available money in the account established pursuant to NRS 396.940, the annual Memorial Scholarship may be awarded to each selected recipient in an amount not to exceed $5,000 to pay the educational expenses of the recipient for the school year which are authorized by subsection 6 and which are not otherwise paid for by the Millennium Scholarship awarded to the recipient.
6. A Memorial Scholarship must be used only:
(a) For the payment of registration fees and laboratory fees and expenses;
(b) To purchase required textbooks and course materials; and
(c) For other costs related to the attendance of the student at the academic institution in which he or she is enrolled.
7. As used in this section, “Board” means the Board of Trustees of the College Savings Plans of Nevada created by NRS 353B.005.
(Added to NRS by 2011, 36; A 2013, 245; 2019, 1386; 2021, 3689; 2023, 1836)
SILVER STATE OPPORTUNITY GRANT PROGRAM
NRS 396.950 “Program” defined. As used in NRS 396.950 to 396.960, inclusive, unless the context otherwise requires, “Program” means the Silver State Opportunity Grant Program created by NRS 396.952.
(Added to NRS by 2015, 2189)
NRS 396.952 Creation of Program; administration by Board of Regents; use of available money; eligibility requirements for award of grant.
1. The Silver State Opportunity Grant Program is hereby created for the purpose of awarding grants to eligible students to pay for a portion of the cost of education at a community college or state college within the System.
2. The Board of Regents shall administer the Program.
3. In administering the Program, the Board of Regents shall for each semester, subject to the limits of money available for this purpose, award a grant to each eligible student to pay for a portion of the cost of education at a community college or state college within the System.
4. To be eligible for a grant awarded under the Program, a student must:
(a) Except as otherwise provided in this section, be enrolled, or accepted to be enrolled, during a semester in at least 12 credit hours at a community college or state college within the System;
(b) Be enrolled in a program of study leading to a recognized degree or certificate;
(c) Demonstrate proficiency in English and mathematics sufficient for placement into college-level English and mathematics courses pursuant to regulations adopted by the Board of Regents for such placement;
(d) Be a bona fide resident of the State of Nevada for the purposes of determining pursuant to NRS 396.540 whether the student is assessed a tuition charge or have graduated from a high school located in this State; and
(e) Except as otherwise provided in subsection 6, complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.
5. A student who is enrolled, or accepted to be enrolled, in the final semester of his or her program of study in less than 12 credit hours at a community college or state college within the System is eligible for a grant awarded under the Program.
6. To the extent money is available, the Board of Regents may prescribe an alternative determination for financial aid for a student who is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 pursuant to paragraph (e) of subsection 4. If the Board of Regents prescribes an alternative determination for financial aid, a student who is prohibited by law from completing the Free Application for Federal Student Aid shall complete the alternative determination for each semester of participation in the Program on or before the deadline prescribed by the Board of Regents.
(Added to NRS by 2015, 2189; A 2019, 3963; 2021, 3690)
NRS 396.954 Determination of amount of grant; order of priority for awarding grants to eligible students; limitation on use of money received from grant.
1. For each eligible student, the Board of Regents or a designee thereof shall:
(a) Calculate the maximum amount of the grant which the student is eligible to receive. The maximum amount of such a grant must not exceed the amount equal to the cost of education of the student minus the amounts determined for the student contribution, family contribution and federal contribution to the cost of education of the student.
(b) Determine the actual amount of the grant which will be awarded to each student, which amount must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents or a designee thereof, as applicable, determines that the amount of money available for all grants for any semester is insufficient to award to all eligible students in a category prescribed in subsection 2 the maximum amount of the grant which each student is eligible to receive.
2. The Board of Regents or a designee thereof shall award to eligible students a grant in the amount determined pursuant to paragraph (b) of subsection 1 in the following order of priority:
(a) First, to eligible students who are enrolled in at least 15 credit hours at a community college or state college within the System;
(b) If money is available after awarding grants to all eligible students described in paragraph (a), to remaining eligible students who are enrolled, or accepted to be enrolled, in the final semester of a program of study at a community college or state college within the System; and
(c) If money is available after awarding grants to all eligible students described in paragraphs (a) and (b), to remaining eligible students.
3. Money received from a grant awarded under the Program must be used by a student only to pay for the cost of education of the student at a community college or state college within the System and not for any other purpose.
(Added to NRS by 2015, 2190; A 2019, 3964)
1. The Board of Regents:
(a) Shall adopt regulations prescribing the procedures and standards for determining the eligibility of a student for a grant from the Program.
(b) Shall adopt regulations prescribing the methodology by which the Board of Regents or a designee thereof will calculate:
(1) The cost of education of a student at each community college and state college within the System, which must be consistent with the provisions of 20 U.S.C. § 1087ll.
(2) For each student, the amounts of the student contribution, family contribution and federal contribution to the cost of education of the student.
(3) The maximum amount of the grant for which a student is eligible.
(c) Shall adopt regulations prescribing the process by which each student may meet the credit-hour requirement described in NRS 396.952 for eligibility for a grant awarded under the Program.
(d) May adopt any other regulations necessary to carry out the Program.
2. The regulations prescribed pursuant to this section must provide that:
(a) In determining the student contribution to the cost of education, the student contribution must not exceed the amount that the Board of Regents determines the student reasonably could be expected to earn from employment during the time the student is enrolled at a community college or state college within the System, including, without limitation, during breaks between semesters. This paragraph and any regulations adopted pursuant to this section must not be construed to require a student to seek or obtain employment as a condition of eligibility for a grant under the Program.
(b) Determination of the family contribution to the cost of education must be based on the family resources reported in the Free Application for Federal Student Aid or, if the student is prohibited by law from completing the Free Application for Federal Student Aid and the Board of Regents prescribes an alternative determination for financial aid pursuant to subsection 6 of NRS 396.952, the alternative determination for financial aid submitted by the student.
(c) Determination of the federal contribution to the cost of education must be equal to the total amount that the student and his or her family are expected to receive from the Federal Government as grants.
(Added to NRS by 2015, 2190; A 2019, 3964; 2021, 3691)
NRS 396.958 Acceptance of gifts, grants, bequests and donations. In addition to any direct legislative appropriation from the State General Fund, the Board of Regents may accept gifts, grants, bequests and donations to fund grants awarded under the Program.
(Added to NRS by 2015, 2191)
NRS 396.960 Report to Legislature. On or before February 1 of each odd-numbered year, the Board of Regents shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report on the Program which must include, without limitation, information regarding:
1. The number of students during the immediately preceding school year who were awarded grants under the Program.
2. The average amount of each grant awarded under the Program for the immediately preceding school year.
3. The success of the Program, including, without limitation, information regarding the percentage of students awarded grants since the creation of the Program who have remained enrolled at a community college or state college within the System and the percentage of students awarded grants since the creation of the Program who have been awarded a degree or certificate.
(Added to NRS by 2015, 2191)
NEVADA PROMISE SCHOLARSHIP PROGRAM
NRS 396.961 Definitions. As used in NRS 396.961 to 396.9685, inclusive, unless the context otherwise requires, the words and terms defined in NRS 396.9615 to 396.9634, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 2947; A 2019, 1211)
NRS 396.9612 “Academic year” defined. “Academic year” means 2 consecutive semesters, beginning with a fall semester, and 1 summer academic term at a community college.
(Added to NRS by 2019, 1210)
NRS 396.9615 “Gift aid” defined. “Gift aid” means a federal Pell grant, a Federal Supplemental Educational Opportunity Grant, a Governor Guinn Millennium Scholarship awarded pursuant to NRS 396.911 to 396.945, inclusive, or a grant awarded under the Silver State Opportunity Grant Program pursuant to NRS 396.950 to 396.960, inclusive, received by a student.
(Added to NRS by 2017, 2947)
NRS 396.9625 “Nevada Promise Scholarship” defined. “Nevada Promise Scholarship” means a scholarship awarded by the Board of Regents pursuant to NRS 396.968.
(Added to NRS by 2017, 2947; A 2019, 1211)
NRS 396.9632 “Program” defined. “Program” means the Nevada Promise Scholarship Program created by NRS 396.965.
(Added to NRS by 2019, 1210)
NRS 396.9634 “Registration fee and other mandatory fees” defined. “Registration fee and other mandatory fees” means a registration fee assessed per credit and mandatory fees assessed per credit that are approved by the Board of Regents and charged to all students by a community college. The term does not include special course fees or fees charged for specific programs of study, books or supplies even if such fees are considered necessary for enrollment.
(Added to NRS by 2019, 1210)
NRS 396.9645 Nevada Promise Scholarship Account: Creation; administration; gifts and grants; uses of money in Account.
1. The Nevada Promise Scholarship Account is hereby created in the State General Fund. The Account must be administered by the State Treasurer.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Ê must be credited to the Account.
3. Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The State Treasurer may accept gifts and grants of money from any source for deposit in the Account.
5. The money in the Account may only be used to distribute money to the Board of Regents for the purpose of awarding Nevada Promise Scholarships to students who are eligible to receive such scholarships under the provisions of NRS 396.9665 or for any other purpose authorized by the Legislature.
(Added to NRS by 2017, 2947; A 2019, 1211; 2020, 31st Special Session, 93)
NRS 396.965 Creation and administration of Program; regulations.
1. The Nevada Promise Scholarship Program is hereby created for the purpose of awarding Nevada Promise Scholarships to eligible students to pay for the difference between the amount of the registration fee and other mandatory fees charged to a student by a community college for the academic year and the total amount of any other gift aid received by the student for the academic year.
2. The Board of Regents shall administer the Program.
3. In administering the Program, the Board of Regents shall adopt regulations governing:
(a) The procedures and standards for determining the eligibility of a student for a Nevada Promise Scholarship pursuant to NRS 396.9665.
(b) An application process administered through the community colleges which allows a student to participate in the Program.
(c) Deadlines for a student to satisfy the requirements for eligibility in the Program.
(d) A training program administered through the community colleges which allows a student to satisfy the requirements of paragraph (f) of subsection 1 of NRS 396.9665.
(e) A mentoring program administered through the community colleges which allows a student to satisfy the requirements of paragraph (g) of subsection 1 of NRS 396.9665.
(f) The criteria for completing the community service requirements of paragraph (h) of subsection 1 of NRS 396.9665.
(g) Procedures which allow a student to appeal any adverse decision concerning his or her eligibility to receive a Nevada Promise Scholarship.
(h) Procedures for a community college to accept gifts, grants and donations from any source for the purposes of carrying out its duties under the Program as prescribed by the Board of Regents.
(i) Procedures and standards for determining the eligibility of a student for financial aid if the student is prohibited by law from completing the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090.
4. The Board of Regents may adopt regulations authorizing a community college to enter into an agreement with one or more nonprofit organizations or governmental entities to conduct any activities required by the Board of Regents for a training program which allows a student to satisfy the requirements of paragraph (f) of subsection 1 of NRS 396.9665 and a mentoring program which allows a student to satisfy the requirements of paragraph (g) of subsection 1 of NRS 396.9665.
5. The Board of Regents may adopt any other regulations necessary to carry out the Program.
(Added to NRS by 2017, 2947; A 2019, 1211)
NRS 396.9665 Eligibility to receive Nevada Promise Scholarship.
1. To be eligible to receive a Nevada Promise Scholarship, a student must:
(a) Be a bona fide resident of this State, as construed in NRS 396.540, or have graduated from a high school located in this State.
(b) Have not previously been awarded an associate’s degree or bachelor’s degree.
(c) Have obtained a high school diploma awarded by a public or private high school located in this State or public high school that is located in a county that borders this State and accepts pupils who are residents of this State or have successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 before 20 years of age.
(d) Complete the application for the Nevada Promise Scholarship Program in accordance with the regulations prescribed by the Board of Regents.
(e) Complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 or, if the student is prohibited by law from completing the Free Application for Federal Student Aid, an alternative determination for financial aid prescribed by the Board of Regents for each academic year of participation in the Program on or before the deadline prescribed by the Board of Regents.
(f) Before enrolling in a community college, participate in one training meeting related to financial aid, the Free Application for Federal Student Aid and college orientation, as prescribed by the Board of Regents by regulation.
(g) Have met at least once with a mentor assigned to the student through the mentoring program established by the Board of Regents pursuant to NRS 396.965 before the first semester of enrollment at a community college and at least twice for each academic year while participating in the Program.
(h) Complete at least 8 hours of community service during the last year of high school and before the first semester of enrollment at a community college and at least 8 hours of community service each semester thereafter, not including summer academic terms, while participating in the Program. Community service performed to satisfy the requirements of this paragraph must not include religious proselytizing or service for which the student receives any type of compensation or which directly benefits a member of the family of the student.
(i) Submit all information deemed necessary by the Board of Regents to determine the student’s eligibility for gift aid.
(j) Except as otherwise provided in subsection 2, be enrolled in at least 12 semester credit hours in a program of study leading to a recognized degree or certificate at a community college for the fall semester of the academic year immediately following the school year in which the student was awarded a high school diploma or have successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055.
(k) Except as otherwise provided in subsection 2 and this paragraph, be enrolled in at least 12 semester credit hours in a program of study leading to a recognized degree or certificate at a community college for each fall semester and spring semester beginning with the first semester for which the student received a Nevada Promise Scholarship, not including summer academic terms. A student who is on schedule to graduate at:
(1) The end of a semester may enroll in the number of semester credit hours required to graduate.
(2) The end of a fall semester is not required to enroll in credit hours for the spring semester.
(l) Meet satisfactory academic progress, as defined by federal requirements established pursuant to Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., and determined by the community college in which the student is enrolled.
2. The Board of Regents shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
(a) The limitation on eligibility for a Nevada Promise Scholarship set forth in paragraph (b) of subsection 3; and
(b) The minimum number of credits prescribed in paragraphs (j) and (k) of subsection 1.
3. A student who meets the requirements of subsection 1 is eligible for a Nevada Promise Scholarship from the Program until the occurrence of the first of the following events:
(a) The student is awarded an associate’s degree or bachelor’s degree; or
(b) Except as otherwise provided in subsection 2, the student receives a Nevada Promise Scholarship from the Program for 2 academic years, not including the initial academic year.
(Added to NRS by 2017, 2950; A 2019, 1213; 2021, 3692)
NRS 396.968 Review and approval of applications by Board of Regents; disbursement of money in Nevada Promise Scholarship Account; notice if insufficient money in Account; award of Nevada Promise Scholarships; regulations.
1. The Board of Regents shall award Nevada Promise Scholarships in accordance with this section to students who are enrolled at a community college and are eligible to receive such scholarships under the provisions of NRS 396.9665.
2. For each eligible student, the Board of Regents shall:
(a) Calculate the maximum amount of a Nevada Promise Scholarship which the student is eligible to receive based on criteria established by regulation pursuant to this section.
(b) Determine the actual amount of the Nevada Promise Scholarship, if any, which will be awarded to the student, which must not exceed the maximum amount calculated pursuant to paragraph (a), but which may be in a lesser amount if the Board of Regents receives notice from the State Treasurer pursuant to subsection 3 that the money available in the Nevada Promise Scholarship Account for any semester is insufficient to award to all eligible students the maximum amount of a Nevada Promise Scholarship which each student is eligible to receive.
(c) If the student is to receive a Nevada Promise Scholarship, award the student a Nevada Promise Scholarship in the amount determined pursuant to paragraph (b). The Board of Regents shall disburse the amount of the Nevada Promise Scholarship awarded to the student, on behalf of the student, directly to the community college in which the student is enrolled.
3. The Board of Regents shall submit a request for a disbursement from the Nevada Promise Scholarship Account created by NRS 396.9645 for the maximum amount of money that will be required to fund a scholarship for each eligible student. Within the limits of money available in the Nevada Promise Scholarship Account, the State Treasurer shall disburse the amount requested to the Board of Regents for disbursement to each community college. If there is insufficient money in the Account to disburse that amount to each community college, the State Treasurer shall provide notice that insufficient money remains in the Nevada Promise Scholarship Account to the Board of Regents. The State Treasurer shall include in the notice the amount of money available for the award of Nevada Promise Scholarships for the academic year and request that a new request be submitted.
4. The Board of Regents shall adopt regulations prescribing:
(a) The criteria for determining the maximum amount of a Nevada Promise Scholarship for an eligible student which is equal to the difference between the amount of the registration fee and other mandatory fees charged to the student by the community college in which the student is enrolled for the academic year, excluding any amount of those fees that is waived by the community college in which the student is enrolled, and the total amount of any other gift aid received by the student for the academic year.
(b) The procedures for submitting a request for disbursement from the Nevada Promise Scholarship Account.
(c) The procedures and standards for determining the actual amount of the Nevada Promise Scholarship which will be awarded to each student upon receiving notice that there is insufficient money to award all eligible students the maximum amount of the scholarship which each student is eligible to receive. Such procedures and standards may include, without limitation, administration of the program on a first-come, first-served basis for all students who are eligible to participate in the Program.
(d) Procedures to ensure that all money from a Nevada Promise Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Nevada Promise Scholarship Account and not the student.
(Added to NRS by 2017, 2952; A 2019, 1215; 2021, 3693)
NRS 396.9682 Conditions under which Board of Regents may grant leave of absence; duties of Board of Regents upon granting leave of absence; regulations.
1. The Board of Regents may grant a leave of absence from the Program to a student upon request. A student may request a leave of absence for:
(a) An illness or serious medical problem of the student or a member of the student’s immediate family;
(b) Extreme financial hardship for the student or a member of the student’s immediate family;
(c) Engaging in any activity required or encouraged for members of the student’s religious faith;
(d) Mobilization of the student’s unit of the Armed Forces of the United States or National Guard; or
(e) Any other extraordinary circumstances beyond the control of the student that would create a substantial hardship for the student, as determined by the Board of Regents.
2. If the Board of Regents grants a leave of absence to a student, the Board of Regents shall:
(a) Make a determination in accordance with regulations adopted by the Board of Regents as to which requirements for eligibility in the Program set forth in NRS 396.9665 are appropriate to waive for the student; and
(b) Waive requirements for eligibility as determined pursuant to paragraph (a) for the student for the length of the leave of absence.
3. The Board of Regents shall adopt regulations establishing:
(a) Procedures for a student to request a leave of absence pursuant to subsection 1; and
(b) Criteria for determining appropriate requirements for eligibility to waive for a student who has been granted a leave of absence pursuant to subsection 2.
(Added to NRS by 2019, 1210)
NRS 396.9685 Board of Regents to prepare and submit annual report concerning Nevada Promise Scholarships and scholarship recipients.
1. On or before August 1 of each year, the Board of Regents shall:
(a) Review all Nevada Promise Scholarships awarded for the immediately preceding academic year;
(b) Compile a report for the immediately preceding academic year, which must include the number of students who applied for a scholarship, the number of students who received a scholarship, the total cost associated with the award of Nevada Promise Scholarships, the total number of hours of community service performed pursuant to NRS 396.9665, the graduation rate of students who received a scholarship and the scholarship retention rate; and
(c) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the next regular session of the Legislature; and
(2) In odd-numbered years, the Joint Interim Standing Committee on Education.
2. As used in this section, “scholarship retention rate” means the percentage of students who received a scholarship for the academic year immediately preceding the academic year to which a report compiled pursuant to subsection 1 pertains who did not graduate by the end of that academic year and who also received a Nevada Promise Scholarship for the academic year to which the report pertains.
(Added to NRS by 2017, 2954; A 2019, 1217)
UNLAWFUL ACTS
NRS 396.970 Surreptitious electronic surveillance on campus; exceptions.
1. Except as otherwise provided in subsection 2, it is unlawful for a person to engage in any kind of surreptitious electronic surveillance on a campus of the System without the knowledge of the person being observed.
2. Subsection 1 does not apply to any electronic surveillance:
(a) Authorized by a court order issued to a public officer, based upon a showing of probable cause to believe that criminal activity is occurring on the property under surveillance;
(b) By a law enforcement agency pursuant to a criminal investigation;
(c) By a peace officer pursuant to NRS 289.830;
(d) Which is necessary as part of a system of security used to protect and ensure the safety of persons on the campus; or
(e) Of a class or laboratory when authorized by the teacher of the class or laboratory.
(Added to NRS by 1993, 2138; A 2015, 575, 3668; 2017, 595)
NRS 396.980 Use of diisocyanate in maintenance or repair of building owned or operated by System while certain persons are present.
1. It is unlawful for a person who knows or in the exercise of reasonable care should know that a substance or material contains at least one-tenth of 1 percent by weight or volume of a diisocyanate to use, or cause or permit another person to use, the substance or material in the maintenance or repair of a building owned or operated by the System while any person who is not necessary to the maintenance or repair is present in the building.
2. A person who knows or in the exercise of reasonable care should know that a substance or material which contains at least one-tenth of 1 percent by weight or volume of a diisocyanate has been used in the maintenance or repair of a building owned or operated by the System shall ensure that the building is not occupied for at least 4 hours following the use of that substance or material by any person who is not necessary to the maintenance or repair.
3. A person who violates subsection 1 or 2 is guilty of a gross misdemeanor.
4. For the purposes of this section, “diisocyanate” includes, without limitation, toluene diisocyanate (TDI), methylene bisphenyl isocyanate (MDI) or hexamethylene diisocyanate (HDI).
(Added to NRS by 1997, 3353)
NRS 396.990 Use of false or misleading degrees.
1. It is unlawful for a person knowingly to use or attempt to use:
(a) A false or misleading degree or honorary degree conferred by the System or another public postsecondary educational institution, regardless of whether that institution is located in this State and regardless of whether that institution is authorized to operate in this State; or
(b) A degree or honorary degree conferred by the System or another public postsecondary educational institution in a false or misleading manner, regardless of whether that institution is located in this State and regardless of whether that institution is authorized to operate in this State,
Ê in connection with admission to any institution of higher education or in connection with any business, employment, occupation, profession, trade or public office.
2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
3. In addition to any criminal penalty imposed pursuant to subsection 2, a person who violates the provisions of this section is subject to a civil penalty in an amount not to exceed $5,000 for each violation. The Attorney General or any district attorney of this State may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
4. For the purposes of this section, a degree or honorary degree is false or misleading or is used in a false or misleading manner if it:
(a) States or suggests that the person named in the degree or honorary degree has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;
(b) Is offered as his or her own by a person other than the person who completed the requirements of the program of study; or
(c) Is awarded, bestowed, conferred, given, granted, conveyed or sold:
(1) Based upon more than 10 percent of the recipient’s documented life experience and not based upon actual completion of academic work; or
(2) In violation of this chapter.
5. As used in this section:
(a) “Degree” has the meaning ascribed to it in NRS 394.620.
(b) “Honorary degree” has the meaning ascribed to it in NRS 394.620.
(Added to NRS by 2005, 619)