NRS: CHAPTER 386 - LOCAL ADMINISTRATIVE ORGANIZATION

[Rev. 6/29/2024 3:52:39 PM--2023]

CHAPTER 386 - LOCAL ADMINISTRATIVE ORGANIZATION

SCHOOL DISTRICTS

NRS 386.010 Creation; power to sue.

NRS 386.030 Name.

BOARDS OF TRUSTEES

NRS 386.110 Body corporate; name.

NRS 386.120 County school district: Number of trustees.

NRS 386.150 Superintendent of Public Instruction to file certificates with county clerks.

NRS 386.160 Election of trustees in county school district whose enrollment of pupils is less than 1,000; terms.

NRS 386.165 Election of trustees in county school district whose enrollment of pupils is over 25,000; terms; rights and responsibilities of nonvoting members.

NRS 386.180 Election of trustees in county school district other than Clark or Washoe whose enrollment of pupils drops below 1,000 or in which resolution is adopted pursuant to NRS 386.120.

NRS 386.190 Election of two additional trustees in county school district whose enrollment of pupils increases to 1,000 or more after general election; exception.

NRS 386.200 Alternate manner of creating areas for election of trustees within county school district whose enrollment of pupils is 25,000 or less: Procedure; election of trustees; terms; change of boundaries of areas.

NRS 386.205 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Creation; continuity in number and terms of members of board of trustees.

NRS 386.215 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Documents to be filed with county clerk.

NRS 386.225 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Manner of election.

NRS 386.240 Qualifications of elected trustees.

NRS 386.250 Nomination of trustee; filing of declaration of candidacy.

NRS 386.260 Election of trustees; certificate of election.

NRS 386.270 Vacancies.

NRS 386.275 Temporary appointment of vacancy for member in active military service; term of temporary appointment.

NRS 386.290 Subsistence and travel for trustee.

NRS 386.300 Trustees: Oaths.

NRS 386.305 Trustees: Interest in certain contracts prohibited.

NRS 386.310 Officers; organization.

NRS 386.320 Salaries of trustees; donation of salary; employment and compensation of stenographer.

NRS 386.325 Duties of clerk.

NRS 386.327 Required professional development for trustees; certification of completion; clerk to assist trustees to complete training and post notice of noncompliance.

NRS 386.330 Meetings; quorum; broadcast of meetings on television authorized; prohibition on taking action or corrective action after certain time.

NRS 386.340 Seal.

NRS 386.345 Membership in county, state and national school board associations; payment of dues, travel and subsistence for attendance at meeting of association.

NRS 386.350 General powers; exceptions.

NRS 386.353 Determination of feasibility of consolidation or sharing of services, functions or personnel with other school districts; authorization to consolidate or share services; Committee on Local Government Finance required to adopt regulations to carry out section.

NRS 386.355 Acceptance of federal financial assistance for areas affected by federal activities.

NRS 386.365 Policies and regulations in county whose population is 100,000 or more: Procedure.

NRS 386.370 Reports to Superintendent of Public Instruction.

NRS 386.380 Power to administer oaths.

NRS 386.390 Acceptance of gifts; acceptance of donation of surplus personal property from another school district; board of trustees required to record, review and report certain gifts; use of form by donor; transmittal of reports to Legislature.

NRS 386.410 Employment of private legal counsel.

DISPOSAL AND RECYCLING OF CERTAIN WASTE; USE OF RECYCLED PRODUCTS

NRS 386.4157 Removal of data stored on electronic waste before disposal.

NRS 386.4159 Recycling of paper, paper products, electronic waste and other recyclable materials; rules and procedures; exception; deposit of money received.

NRS 386.416 Definitions.

NRS 386.417 Duties of board of trustees.

NRS 386.418 Duties of person authorized to purchase supplies, materials, goods, paper and other products for school district.

ENVIRONMENTALLY SENSITIVE CLEANING PRODUCTS FOR FLOOR SURFACES IN PUBLIC SCHOOLS

NRS 386.419 Legislative declaration.

NRS 386.4195 Use of environmentally sensitive cleaning and maintenance products; use of products that are not environmentally sensitive.

INTEGRATED PEST MANAGEMENT

NRS 386.422 “Integrated pest management” defined.

NRS 386.424 Contents and maintenance of integrated pest management policy.

NRS 386.426 Appointment and duties of chief and subordinate integrated pest management coordinators.

NRS 386.428 Certification required for certain employees; requirements for valid certification.

TRANSPORTATION

NRS 386.790 Transportation for pupils may be furnished by trustees; regulations.

NRS 386.795 Use of certain money for procuring vehicles, drivers and insurance.

NRS 386.800 Transportation by common and private carrier; purchase of bus tickets for certain pupils; contracts and insurance.

NRS 386.805 No admission of liability for injury or death.

NRS 386.810 Payment to parents or guardian in lieu of furnishing transportation; conditions.

NRS 386.815 Transportation of children to and from activities and programs; use and supervision of vehicles; qualifications and restrictions for drivers.

NRS 386.820 School bus transportation: Drills to practice evacuation; adoption and requirements of safety program; information to parents and guardians concerning school bus safety; regulations.

NRS 386.825 Drivers: Qualifications; training course; annual test; employment of pupils.

NRS 386.830 Condition, equipment and specifications of vehicle used for transportation of pupils; inspection; exemption; reporting; penalties.

NRS 386.835 Standards for new school buses purchased by school district on and after January 1, 2016.

NRS 386.837 New school buses to be equipped with shoulder-harness-type safety belt.

NRS 386.839 Agreement to lease school bus or vehicle belonging to school district for certain special events; requirements of agreement; requirements for use of leased school bus or vehicle; separate accounting required of amount above cost; use of money collected.

NRS 386.840 Equipment and identification of school bus; use of system of flashing red lights; compliance with standards; inspection; penalties.

NRS 386.845 Use of school buses for commercial advertising: Authorization; conditions; establishment of special revenue fund; authorized use of fees.

SCHOOL UNIFORMS

NRS 386.855 Authorization to establish policy of uniforms for pupils and dress code for educational personnel; financial assistance for pupils to purchase uniforms.

MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE AND OPIOID ANTAGONISTS; FOOD ALLERGIES AND ANAPHYLAXIS

NRS 386.861 “Opioid antagonist” defined.

NRS 386.865 Maintenance and storage in secure location by public school; policy regarding proper handling and transportation; annual report to Division of Public and Behavioral Health concerning doses administered.

NRS 386.870 Order of physician, physician assistant or advanced practice registered nurse for doses of epinephrine maintained by public school; order of health care professional for doses of opioid antagonist maintained by public school; school personnel authorized to administer doses; acceptance of gifts, grants and donations.

NRS 386.875 Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis.

ACCESS TO MENSTRUAL PRODUCTS

NRS 386.900 Provision of menstrual products at no cost in certain public schools; plan to address lack of access to menstrual products.

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 386.975 Establishment of program by trustees; assistance of Attorney General or State Board.

_________

SCHOOL DISTRICTS

NRS 386.010 Creation; power to sue.

1. County school districts, the boundaries of which are conterminous with the boundaries of the counties of the State, are hereby created. The Carson City School District shall be considered as a county school district.

2. Each county school district created by this chapter is hereby declared to be a political subdivision of the State of Nevada whose purpose is to administer the state system of public education.

3. Each school district shall have the power to sue and may be sued.

[47:32:1956]—(NRS A 1967, 37; 1969, 336; 1971, 517)

NRS 386.030 Name. Every county school district shall be designated by the name and style of “................ School District” (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).

[49:32:1956]—(NRS A 1969, 336; 1971, 517)

BOARDS OF TRUSTEES

NRS 386.110 Body corporate; name.

1. The trustees of a school district shall constitute a board, which is hereby created a body corporate.

2. The board of trustees of a county school district shall be designated by the name and style of “The Board of Trustees of the ................ School District” (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).

[57:32:1956]—(NRS A 1969, 336; 1971, 518)

NRS 386.120 County school district: Number of trustees.

1. The board of trustees of a county school district consists of 5, 7 or 11 members as follows:

(a) If more than 75,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of 11 members. The members of the board must be elected and appointed as provided in NRS 386.165.

(b) If 1,000 or more but not more than 75,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.

(c) If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in NRS 386.160 until such time as an alternate manner of election is adopted pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.

(d) If 1,000 or more, but fewer than 1,500 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members unless the board, on or before December 1 in any year before a general election will be held, adopts a resolution specifying that the board will consist of five members. If the board consists of seven members, the election of members is governed by paragraph (b). If the board consists of five members, the election of members is governed by paragraph (c).

2. Before the adoption of a resolution pursuant to paragraph (d) of subsection 1, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.

3. If a board of trustees adopts a resolution pursuant to paragraph (d) of subsection 1, it must transmit a copy of the resolution to the Superintendent of Public Instruction on or before December 15 of the year before the general election will be held.

[58:32:1956]—(NRS A 1971, 1534; 1979, 1574; 1981, 723; 1987, 181; 1995, 4; 2023, 1102)

NRS 386.150 Superintendent of Public Instruction to file certificates with county clerks.

1. On or before June 1 in any year in which a general election is held, the Superintendent of Public Instruction shall file with each clerk of a county whose boundaries are conterminous with a county school district a certificate stating the total number of pupils enrolled during that school year in the county school district.

2. On or before January 1 in any year in which a general election is held, the Superintendent of Public Instruction shall file with each clerk of a county whose boundaries are conterminous with a county school district a certificate stating the number and offices of trustees of the county school district to be filled at the next general election.

[61:32:1956]—(NRS A 1971, 518; 1993, 2207)

NRS 386.160 Election of trustees in county school district whose enrollment of pupils is less than 1,000; terms.

1. At the general election in 1980 and every 4 years thereafter, in a county school district where fewer than 1,000 pupils were enrolled during the preceding school year, three trustees shall be elected at large within the district, as follows:

(a) One person who resides at the county seat; but if less than 40 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

(b) One person who resides in the county but not at the county seat.

(c) One person who resides in the county but not at the county seat; but if 80 percent or more of the residents of the county reside at the county seat then a person who resides at the county seat may be elected to the office.

2. At the general election in 1982 and every 4 years thereafter, in a county school district where fewer than 1,000 pupils were enrolled during the preceding school year, two trustees shall be elected at large within the district, as follows:

(a) One person who resides at the county seat; but if less than 20 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

(b) One person who resides in the county but who resides neither at the county seat nor in any incorporated city within the county.

3. The term of each person elected to the office of school trustee is 4 years.

[62:32:1956]—(NRS A 1979, 1574)

NRS 386.165 Election of trustees in county school district whose enrollment of pupils is over 25,000; terms; rights and responsibilities of nonvoting members.

1. In each county school district in which more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees. The districts must be:

(a) As nearly equal in population as practicable; and

(b) Composed of contiguous territory.

2. The board of trustees in each county school district in which more than 75,000 pupils are enrolled is composed of 11 members, of whom:

(a) Seven voting members must be elected in election districts established pursuant to subsection 1 by the board of trustees.

(b) One nonvoting member must be appointed by the board of county commissioners of the county in which the school district is located. The member appointed pursuant to this paragraph must reside in the county in which the school district is located.

(c) Three nonvoting members must be appointed by the governing bodies of the three most populous incorporated cities in the county in which the school district is located, with each governing body appointing one member. Each member appointed pursuant to this paragraph must reside in the city in which the governing body is required to make the appointment.

3. In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:

(a) Five districts which are as nearly equal in population as practicable, each of which includes approximately one-fifth of the population of the county; and

(b) Two districts which are as nearly equal in population as practicable, each of which includes approximately one-half of the population of the county.

Ê The districts must be composed of contiguous territory.

4. Each elected trustee of a school district to which this section applies must reside in the election district which the trustee represents and be elected by the voters of that election district.

5. In each school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees is composed of seven members who must be elected in an election district established pursuant to subsection 3 by the board of trustees.

6. The appointing authority shall make an appointment pursuant to subsection 2 at least 30 days but not more than 90 days before the expiration of the term of office of the incumbent member.

7. The term of office of a school trustee is 4 years, commencing on the first Monday of January thereafter next following the election of the trustee.

8. Each trustee shall hold office until his or her successor is appointed or elected and qualified.

9. The nonvoting members of the board of trustees appointed pursuant to subsection 2:

(a) Except as otherwise provided in paragraph (b), shall have the same rights and responsibilities as voting members of the board of trustees, including, without limitation, being involved in any briefings, interviews, evaluations, closed-door sessions and policy and operational discussions; and

(b) Do not have voting rights for the election of officers or the authority to serve as an officer of the board of trustees.

(Added to NRS by 1981, 722; A 2023, 1102)

NRS 386.180 Election of trustees in county school district other than Clark or Washoe whose enrollment of pupils drops below 1,000 or in which resolution is adopted pursuant to NRS 386.120.

1. If the certificate of the Superintendent of Public Instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district other than Clark or Washoe was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the district is composed of seven members elected at large based upon a previous pupil enrollment of 1,000 or more, then two of the offices of trustee may not be filled at the next succeeding general election.

2. Thereafter, while continued pupil enrollment in the county school district is less than 1,000, or is 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, the offices of school trustees must be filled as provided by law for school districts having pupil enrollments of less than 1,000.

[64:32:1956]—(NRS A 1971, 1536; 1979, 1576; 1995, 4)

NRS 386.190 Election of two additional trustees in county school district whose enrollment of pupils increases to 1,000 or more after general election; exception.

1. If the certificate of the Superintendent of Public Instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the district is composed of five members elected as provided in NRS 386.160, then at the next succeeding general election one additional trustee who resides at the county seat must be elected for a term of 4 years, and one additional trustee who resides in the county but not at the county seat must be elected for a term of 2 years.

2. Thereafter, while continued pupil enrollment in the county school district is 1,000 or more, the offices of school trustees must be filled as provided by law for school districts having pupil enrollments of that size.

3. The provisions of subsections 1 and 2 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.

[65:32:1956]—(NRS A 1973, 27; 1979, 1576; 1995, 5)

1. In addition to the manner of election provided in NRS 386.205, 386.215 and 386.225, the trustees of a county school district may be elected from school trustee election areas in the alternate manner provided in this section.

2. Within 30 days before May 1 of any year in which a general election is to be held in the State, 10 percent or more of the registered voters of a county school district in which 25,000 or fewer pupils are enrolled may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition must specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each area, and the manner of their nomination and election. The number of school trustee election areas proposed must not exceed the number of trustees authorized by law for the particular county school district. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his or her name his or her place of residence, giving the street and number whenever practicable. One of the signers of each paper shall swear or affirm, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of the notice is a proper charge against the county school district fund.

4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area must be contiguous. The resolution must further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.

5. Before June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the Superintendent of Public Instruction.

6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas must be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas must be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees must be filled for terms of 4 years in the order in which the terms of office expire.

7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created must be a qualified elector and a resident of the school trustee election area which he or she seeks to represent.

8. The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:

(a) Holding a public hearing of which notice must be given as provided in subsection 3; and

(b) Receiving, at the hearing or by resolution, the consent of the board of trustees of the school district.

9. If the Superintendent of Public Instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the county school district is composed of seven elected members based upon a previous enrollment of 1,000 or more, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.

10. If the Superintendent of Public Instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees must thereafter be nominated and elected at the forthcoming elections.

11. The provisions of subsection 10 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.

[65.1:32:1956]—(NRS A 1967, 933; 1979, 1577; 1981, 723; 1987, 181; 1995, 5)

1. In any county school district in which not more than 25,000 pupils are enrolled, the board of trustees may adopt a resolution dividing the geographical area of the school district into a number of election districts identical to the number of trustees.

2. The election districts must:

(a) Be single-member districts.

(b) Be formed with reference to assembly districts as far as is practicable.

3. This section does not authorize any change in the number of members of the board of trustees.

4. If a board of trustees adopts a resolution pursuant to this section, the members of the board continue to hold office until the next following general election.

5. As used in this section, unless the context otherwise requires, “assembly district” means any district created pursuant to the provisions of chapter 218B of NRS for the election of members of the Assembly.

(Added to NRS by 1987, 180)

NRS 386.215 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Documents to be filed with county clerk. Copies of maps or other documents evidencing the division of the county school district into election districts pursuant to NRS 386.205 must be filed with the appropriate county clerk.

(Added to NRS by 1987, 180)

NRS 386.225 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Manner of election.

1. Election districts created pursuant to NRS 386.205 may be constructed so that the:

(a) Voters in each election district elect a trustee to represent them; or

(b) Trustees are elected by all of the voters in the county school district.

Ê In either case, each trustee must be a resident of the election district which he or she represents throughout his or her term of office.

2. The board of trustees shall adopt a resolution, after a public hearing on the matter, determining whether each trustee will be elected solely by the voters in the election district of the trustee or all of the voters in the county school district.

(Added to NRS by 1987, 180)

NRS 386.240 Qualifications of elected trustees. A candidate for election to the office of trustee of a school district shall:

1. Be a qualified elector.

2. Have the qualifications of residence within the county school district required for the office for which he or she seeks election.

[69:32:1956]—(NRS A 1971, 518; 2023, 1103)

NRS 386.250 Nomination of trustee; filing of declaration of candidacy. A candidate for election to the office of trustee of a county school district must:

1. Be nominated in the manner provided by the primary election laws of this State; and

2. File a declaration of candidacy, as defined in NRS 293.0455, with the county clerk of the county whose boundaries are conterminous with the boundaries of the county school district.

[70:32:1956]—(NRS A 1960, 284; 1963, 1378; 1971, 518; 2019, 3420; 2023, 1103)

NRS 386.260 Election of trustees; certificate of election.

1. Trustees who are required to be elected pursuant to NRS 386.165 must be elected as provided in the election laws of this state.

2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall order the county clerk to issue election certificates to the candidates elected.

3. Immediately, the county clerk shall transmit a copy of each election certificate to the Superintendent of Public Instruction.

[71:32:1956]—(NRS A 1959, 810; 1960, 285; 1971, 518; 1973, 88; 2023, 1104)

NRS 386.270 Vacancies. Except as otherwise provided in NRS 386.275:

1. Any vacancy occurring among the elected members of a board of trustees must be filled by appointment by the remaining elected members of the board at a public meeting held after notice of the meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve until the next general election, at which time his or her successor must be elected for the balance of the unexpired term.

2. Any vacancy occurring among the appointed members of a board of trustees must be filled by the appointing authority. The appointee serves for the balance of the unexpired term and may be reappointed.

3. Any person appointed to fill a vacancy must have the qualifications provided in NRS 386.165 or 386.240, as applicable.

[72:32:1956]—(NRS A 1971, 71; 2003, 387; 2023, 1104)

NRS 386.275 Temporary appointment of vacancy for member in active military service; term of temporary appointment.

1. If a vacancy occurs, or will occur, in a board of trustees because a member of the board has entered, or is entering, into active military service, a person may be appointed to serve as a temporary replacement for that member. Such a temporary appointment must be made in the manner, and subject to the requirements, otherwise prescribed in NRS 386.270, except that the member of the board of trustees who has entered, or is entering, into active military service may participate in the process to appoint his or her temporary replacement.

2. If a person is temporarily appointed to serve on a board of trustees pursuant to this section:

(a) The person fully assumes the duties, rights and responsibilities of a member of the board of trustees, and is entitled to the compensation, allowances and expenses otherwise payable to a member, for the duration of his or her appointment.

(b) The member of a board of trustees who is temporarily replaced shall be deemed to be on leave without pay from the board of trustees for the duration of the appointment of his or her temporary replacement.

3. A person appointed to serve on the board of trustees pursuant to this section serves:

(a) Until the member of the board of trustees being temporarily replaced returns from active military service; or

(b) For the remainder of the unexpired term of that member,

Ê whichever occurs first.

(Added to NRS by 2003, 386; A 2023, 1104)

NRS 386.290 Subsistence and travel for trustee.

1. In addition to salaries required by NRS 386.320, a trustee must be allowed:

(a) Traveling expenses for traveling each way between the trustee’s home and the place where board meetings are held at the rate provided for state officers and employees generally.

(b) Living expenses necessarily incurred while in actual attendance at board meetings at the rate provided for state officers and employees generally.

2. Claims for mileage and per diem allowances must be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses must be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.

[74:32:1956]—(NRS A 1960, 144; 1963, 607; 1971, 253; 2007, 602, 2450)

NRS 386.300 Trustees: Oaths. Each trustee shall:

1. Take and subscribe to the official oath.

2. File with the Superintendent of Public Instruction a copy of his or her official oath together with a statement showing the term for which the trustee has been elected or appointed.

[75:32:1956]—(NRS A 1959, 810; 2023, 1105)

NRS 386.305 Trustees: Interest in certain contracts prohibited. A member of any board of trustees shall not be financially interested in any contract made by the board of trustees of which he or she is a member.

(Added to NRS by 1977, 1113)

NRS 386.310 Officers; organization.

1. The board of trustees shall meet and organize by:

(a) Electing one of its elected members as president.

(b) Electing one of its elected members as clerk, or by selecting some other qualified person as clerk.

(d) Fixing the term of office for each of its officers.

2. A record of the organization of the board of trustees must be entered in the minutes, together with the amount of salary to be paid to the clerk.

3. Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the Department and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.

[76:32:1956]—(NRS A 1959, 803; 1971, 519; 1973, 224; 1979, 1579; 1981, 1813; 2023, 1105)

NRS 386.320 Salaries of trustees; donation of salary; employment and compensation of stenographer.

1. Each member of the board of trustees of a school district in a county whose population is less than 20,000 must receive a salary of $250 per month.

2. Each member of the board of trustees of a school district in a county whose population is 20,000 or more but less than 100,000 must receive a salary of $400 per month.

3. Each member of the board of trustees of a school district in a county whose population is 100,000 or more must receive a salary of $750 per month.

4. A member of the board of trustees of a school district who receives a salary pursuant to this section may:

(a) Donate all or a part of the monthly salary that he or she receives to a school within the school district or to the school district; or

(b) In lieu of making a donation after the member receives the salary, request that all or a part of his or her monthly salary be paid directly to a school within the school district or to the school district.

5. The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.

[77:32:1956]—(NRS A 1957, 301; 1969, 618; 1977, 792; 1979, 1579; 1981, 1312; 1991, 284, 285; 1999, 1753; 2007, 2451)

NRS 386.325 Duties of clerk. The clerk shall:

1. Keep the minutes and audio recordings or transcripts of all meetings and transactions of the board of trustees.

2. Subject to the written direction of the board of trustees, draw all orders for the payment of money belonging to the school district.

(Added to NRS by 1969, 619; A 2005, 1412)

NRS 386.327 Required professional development for trustees; certification of completion; clerk to assist trustees to complete training and post notice of noncompliance.

1. Each person who is elected or appointed to serve as a member of the board of trustees of a school district shall complete training for professional development during the first and third year of the term of the member which must include not less than 6 hours of instruction covering:

(a) Laws relating to public records, including, without limitation, the provisions of chapter 239 of NRS;

(b) The Open Meeting Law, including, without limitation, the provisions of chapter 241 of NRS;

(d) The system of K-12 public education in this State, including, without limitation, the provisions of title 34 of NRS;

(e) Local government ethics, including, without limitation, the provisions of chapter 281A of NRS;

(f) The manner in which to identify and prevent violence in public schools, including, without limitation, sexual violence;

(g) Financial management, including, without limitation, information concerning oversight, accountability and audits;

(h) The fiduciary duties of a member of the board of trustees of a school district, including, without limitation, the provisions of this chapter; and

(i) Laws relating to employment and contracts.

2. A member of the board of trustees of a school district shall provide written certification of completion of the training required by this section to the clerk of the board of trustees.

3. If a member fails to complete the training or to provide the written certification of completion which is required by this section, the clerk must post notice of such noncompliance in a conspicuous manner on the Internet website of the board of trustees. The clerk must also provide written notice of the noncompliance to the other members of the board of trustees.

4. The clerk of the board of trustees shall assist each member of the board as necessary to complete the training required pursuant to this section.

(Added to NRS by 2017, 108)

NRS 386.330 Meetings; quorum; broadcast of meetings on television authorized; prohibition on taking action or corrective action after certain time.

1. The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.

2. Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.

3. The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustee’s residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.

4. A majority of the elected members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the elected members of the board of trustees.

5. In any county whose population is 55,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county. The board of trustees and the county or city shall cooperate fully with each other to determine:

(a) The feasibility of televising the meetings of the board of trustees;

(b) The costs to televise the meetings of the board of trustees for each proposed method of televising; and

6. Except in an emergency that impacts the school district, the board of trustees shall not take any action or corrective action at a regular meeting or special meeting on an item that has been posted on its agenda pursuant to chapter 241 of NRS after 11:59 p.m. on the day of the meeting. If the board of trustees has not taken action or corrective action, as applicable, on any item that is on its agenda before 11:59 p.m. on the day of the meeting, the board of trustees must not take any further action or corrective action on any item that is on the meeting agenda unless the board of trustees:

(a) Schedules the delayed agenda item at a future meeting by placing the item on its agenda for the future meeting pursuant to chapter 241 of NRS; or

(b) Waits until at least 24 hours after the originally scheduled time of the meeting but not later than 3 business days after the originally scheduled date of the meeting to take action or corrective action.

7. As used in this section, “emergency” has the meaning ascribed to it in NRS 241.020.

[78:32:1956]—(NRS A 1959, 810; 2007, 80; 2011, 1246; 2023, 1077, 1105)

NRS 386.340 Seal. The board of trustees may adopt and use a common seal.

[79:32:1956]

NRS 386.345 Membership in county, state and national school board associations; payment of dues, travel and subsistence for attendance at meeting of association.

1. The board of trustees of a school district may:

(a) Acquire and maintain membership in county, state and national school board associations and pay dues to such associations.

(b) Pay the travel expenses and per diem allowances of trustees at the same rate provided for state officers and employees generally when the trustees attend county, state or national school board association meetings.

2. Claims for dues, travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.

(Added to NRS by 1963, 607; A 1975, 33; 1979, 1579; 2007, 602)

NRS 386.350 General powers; exceptions. Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools, excluding charter schools and university schools for profoundly gifted pupils, are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.

[80:32:1956]—(NRS A 1973, 234; 1999, 3291; 2005, 2428)

1. The board of trustees of each school district in this State shall determine whether any services, functions or personnel may be feasibly consolidated or shared with one or more other school districts in this State. Services, functions or personnel that the board of trustees may consolidate or share with another school district include, without limitation:

(a) Purchasing;

(b) Accounting;

(d) Transportation;

(e) Chief financial officer;

(f) Human resources director; and

(g) Superintendent of schools.

2. Based on the determination made pursuant to subsection 1, the board of trustees may consolidate or share any service, function or personnel with another school district. Nothing in this section requires a board of trustees of a school district to enter into a cooperative agreement for the consolidation or sharing of services, functions or personnel with one or more school districts. The board of trustees may establish any cost-effective and efficient method for the sharing or consolidation of services or personnel.

3. Except as otherwise provided in this subsection, if the board of trustees enters into an agreement with one or more school districts for the consolidation or sharing of services, functions or personnel, the board of trustees may join in any applicable contracts of the other school district. The board of trustees shall not join in a contract pursuant to this subsection if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.

4. The Committee on Local Government Finance created pursuant to NRS 354.105 shall adopt such regulations that are necessary or proper to assist the boards of trustees in carrying out the provisions of this section. Such regulations must include, without limitation:

(a) Procedures and guidelines for how boards of trustees may efficiently and effectively consolidate or share services, functions and personnel with other school districts. Such procedures and guidelines should provide direction to the boards of trustees on ways to prepare contracts or other agreements necessary to implement the provisions of this section.

(b) In the case of sharing personnel with other school districts, procedures for sharing the costs of the payment of premiums or contributions for employee benefits, including, without limitation, retirement, life insurance and health benefits.

(Added to NRS by 2011, 827; A 2013, 69)

NRS 386.355 Acceptance of federal financial assistance for areas affected by federal activities. Each board of trustees may accept on behalf of and for the school district any moneys or property under the provisions of:

1. “An Act to provide financial assistance for local educational agencies in areas affected by federal activities, and for other purposes,” being Public Law 874-81st Congress; and

2. “An Act relating to the construction of school facilities in areas affected by federal activities, and for other purposes,” being Public Law 815-81st Congress,

Ê as the same have been amended.

(Added to NRS by 1961, 42)

NRS 386.365 Policies and regulations in county whose population is 100,000 or more: Procedure.

1. Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more shall give 13 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:

(a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and

(b) Be mailed to the following persons from each of the schools affected:

(1) The principal;

(2) The president of the parent-teacher association or similar body; and

(3) The president of the classroom teachers’ organization or other collective bargaining agent.

Ê A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 13 days before its adoption.

2. All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

3. Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.

4. This section applies to policies and regulations concerning:

(a) Attendance rules;

(b) Zoning;

(d) District staffing patterns;

(e) Curriculum and program;

(f) Pupil discipline; and

(g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Government Employee-Management Relations Act, as provided in NRS 391.660.

(Added to NRS by 1977, 1012; A 1979, 544, 1162, 1580; 2017, 724)

NRS 386.370 Reports to Superintendent of Public Instruction. Annually, on or before July 1 and at such other times as the Superintendent of Public Instruction may require, each board of trustees shall make or cause to be made a report to the Superintendent of Public Instruction, in the manner and form prescribed by the Superintendent.

[82:32:1956]—(NRS A 1959, 803; 1979, 1581)

NRS 386.380 Power to administer oaths. Every member of a board of trustees of a school district may administer oaths and affirmations relating to public schools.

[83:32:1956]—(NRS A 1979, 1581)

1. Each board of trustees shall have the power to accept on behalf of and for the school district:

(a) Any gift or bequest of money or property for a purpose deemed by the board of trustees to be suitable, and to utilize such money or property for the purpose so designated; and

(b) Any donation of surplus personal property of another school district made pursuant to subsection 2 of NRS 332.185.

2. Except as otherwise provided in subsection 3, the board of trustees of each school district shall record each gift or bequest accepted pursuant to this section and prepare a report which includes, for each such gift or bequest:

(a) The amount of the gift or bequest of money or the fair market value of the bequest of property, as applicable;

(b) Except as otherwise provided in subsection 4, the name of the donor of the gift or bequest;

(d) Information concerning any connection between the donor and the board of trustees or any person responsible for the administration of the system of public education in this State, including, without limitation:

(1) Any contract between the donor and the board of trustees;

(2) Any bid by the donor for a contract with the board of trustees;

(3) If the donor is a lobbyist as defined in NRS 218H.080, a statement of whether the donor lobbies on issues of interest to the board of trustees or relating to the system of public education in this State; and

(4) Any service by the donor on a committee to form a charter school created pursuant to NRS 388A.240.

3. This section does not apply to any gift or bequest:

(a) In an amount less than $100,000, unless the cumulative total by the same donor within a 12-month period is equal to or more than $100,000; or

(b) That is intended for a public broadcasting service.

4. A donor may remain anonymous for purposes of the report prepared pursuant to subsection 2, unless the donor is required to provide information pursuant to paragraph (d) of subsection 2.

5. The board of trustees of a school district may submit a form to each donor that requires the donor to provide the information required for inclusion in the report prepared pursuant to subsection 2. If the board of trustees uses such a form, the board of trustees may rely upon the information provided by the donor on the form for purposes of the report required of the school district pursuant to subsection 2 and the board of trustees is not otherwise required to verify the contents of the information provided by the donor on the form.

6. The board of trustees of each school district shall include the report prepared pursuant to subsection 2 on the agenda of the next regular meeting of the board of trustees held pursuant to NRS 386.330 and review all transactions involving a gift or bequest listed on the report that have taken place since the previous meeting of the board of trustees.

7. On or before February 1 of each year, the board of trustees of each school district shall transmit each report prepared pursuant to subsection 2 in the immediately preceding year:

(a) In odd-numbered years, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

(b) In even-numbered years, to the Joint Interim Standing Committee on Education.

[84:32:1956]—(NRS A 2013, 1176, 1488)

NRS 386.410 Employment of private legal counsel. The board of trustees of a school district may employ private legal counsel when the board determines that such employment is necessary.

[86:32:1956]—(NRS A 1971, 519; 1979, 1582)

DISPOSAL AND RECYCLING OF CERTAIN WASTE; USE OF RECYCLED PRODUCTS

NRS 386.4157 Removal of data stored on electronic waste before disposal.

1. Before disposing of electronic waste, each school district 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, 2577)

NRS 386.4159 Recycling of paper, paper products, electronic waste and other recyclable materials; rules and procedures; exception; deposit of money received.

1. Except as otherwise provided in this section, each school district shall recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials that 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, a school district shall permanently remove any data stored on the electronic waste.

3. A school district is not required to comply with the requirements of subsection 1 if the board of trustees of the school district determines that the cost to recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials produced by the schools in the district is unreasonable and would place an undue burden on the operations of the district or a particular school.

4. Except as otherwise provided in this subsection, the board of trustees 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 schools in the school district and the administrative offices of the school district. This subsection does not apply to construction and demolition waste.

5. Any money received by the school district for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be paid by the board of trustees for credit to the general fund of the school district.

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.

(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

(Added to NRS by 1999, 3183; A 2019, 2219)

NRS 386.416 Definitions. As used in this section and NRS 386.417 and 386.418, unless the context otherwise requires:

1. “Postconsumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

2. “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

(a) Postconsumer waste; and

(b) Secondary waste,

Ê but does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

3. “Secondary waste” means fragments of products or finished products of a manufacturing process, which has converted a virgin resource into a commodity of real economic value.

(Added to NRS by 1991, 2192)

NRS 386.417 Duties of board of trustees.

1. The board of trustees of each school district shall review and revise the specifications for procuring goods and products for the schools in the district to eliminate discrimination against the procurement or purchase of recycled products whenever the quality of a recycled product is reasonably equal to the same product manufactured with virgin resources. Except for specifications which have been established to preserve the public health and safety, all specifications for procurement must be established in a manner which results in the maximum procurement and purchase of recycled products.

2. After consultation with the State Department of Conservation and Natural Resources, the board of trustees of each school district shall adopt regulations governing the bidding procedure and specifications for paper and paper products purchased by the schools in the district that encourage the maximum purchase of recycled paper products. The specifications must give preference to recycled paper products manufactured with the highest percentage of recycled material.

(Added to NRS by 1991, 2193)

NRS 386.418 Duties of person authorized to purchase supplies, materials, goods, paper and other products for school district.

1. Except as otherwise provided in this section, the person authorized to purchase supplies and materials for each school district shall, when purchasing goods and products for use by the school district, give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparable nonrecycled product; and

2. When purchasing goods and products for use by the school district, the person authorized to make such purchases may give preference to recycled products if:

(a) The product meets the applicable standards;

(b) The product can be substituted for a comparable nonrecycled product; and

3. When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases shall purchase recycled paper products if the specific recycled paper product is:

(a) Available at a price not more than that of paper products made from virgin material;

(b) Of adequate quality; and

4. When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases may purchase recycled paper products if the specific recycled paper product is:

(a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;

(b) Of adequate quality; and

(Added to NRS by 1991, 2193)

ENVIRONMENTALLY SENSITIVE CLEANING PRODUCTS FOR FLOOR SURFACES IN PUBLIC SCHOOLS

NRS 386.419 Legislative declaration. The Legislature declares that:

1. Children are particularly vulnerable to and may be severely affected by exposure to chemicals, hazardous wastes and other environmental hazards that may be used for cleaning and maintenance in the public schools; and

2. It is the intent of the Legislature to reduce the possible exposure of pupils and school personnel to potentially hazardous chemicals and substances which are used in the cleaning and maintenance of the public schools in this State.

(Added to NRS by 2009, 983)

NRS 386.4195 Use of environmentally sensitive cleaning and maintenance products; use of products that are not environmentally sensitive.

1. Except as otherwise provided in subsection 2, each school district shall ensure that the public schools within the school district use only environmentally sensitive cleaning and maintenance products in the cleaning of all floor surfaces in the public schools within the school district.

2. If the board of trustees of a school district determines that the costs associated with the purchase or use of environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces are unreasonable and would place an undue burden on the efficient operation of the school district or a particular school within the school district, the board of trustees may, after posting notice of the product to be used on the Internet website maintained by the school district, purchase and use a cleaning and maintenance product that is not an environmentally sensitive cleaning and maintenance product in the cleaning of floor surfaces for the school district as a whole or for a particular school or schools within the school district.

3. In addition to the environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces in the public schools within the school district required pursuant to subsection 1, the board of trustees of a school district may use environmentally sensitive cleaning products for use in the cleaning of any other surfaces.

4. As used in this section, “environmentally sensitive cleaning and maintenance products” means cleaning and maintenance products that reduce the chemicals, hazardous wastes and other environmental hazards to which pupils and school personnel may be exposed.

(Added to NRS by 2009, 983; A 2015, 2084)

INTEGRATED PEST MANAGEMENT

NRS 386.422 “Integrated pest management” defined. As used in NRS 386.422 to 386.428, inclusive, unless the context otherwise requires, “integrated pest management” means a strategy for controlling pests and weeds with minimal use of pesticides or herbicides.

(Added to NRS by 2019, 1941)

NRS 386.424 Contents and maintenance of integrated pest management policy.

1. The board of trustees of each school district shall adopt and maintain an integrated pest management policy to provide pest and weed control on the property of the district. The integrated pest management policy must include, without limitation:

(a) The qualifications for a person to be authorized to apply pesticides or herbicides on any property belonging to the district;

(b) Information concerning the designation of and required training for a chief or subordinate integrated pest management coordinator appointed pursuant to NRS 386.426;

(c) A procedure for monitoring the property of the district to determine when pests or weeds are present and, when significant, for taking corrective action;

(d) Written guidelines for determining when to take specific measures to control pests and weeds, which must:

(1) Prioritize the use of preventive measures, including, without limitation, proper maintenance and sanitation to deny pests access to food, water and shelter;

(2) Require the use of nonchemical pest or weed management before using pesticides or herbicides; and

(3) Require any use of pesticides or herbicides to be carried out in a manner that creates the lowest possible risk to health and safety;

(e) A system for maintaining records of reports of inspections of facilities, work orders and service reports for pest or weed control services, applications of pesticides or herbicides and complaints concerning pesticides or herbicides, including, without limitation, rules concerning the length of time that such records must be maintained;

(f) A plan for educating and, if appropriate, training employees of the school district concerning their roles and duties concerning the integrated pest management policy; and

(g) A procedure to notify school employees, pupils, parents or guardians of pupils and other affected persons before any pesticide or herbicide is applied on the property of a school. Such notice may be provided by telephone, in writing or by electronic mail.

2. The superintendent of each school district and each chief and subordinate integrated pest management coordinator appointed pursuant to NRS 386.426 shall maintain a copy of the integrated pest management policy established pursuant to subsection 1.

(Added to NRS by 2019, 1941)

NRS 386.426 Appointment and duties of chief and subordinate integrated pest management coordinators.

1. The superintendent of each school district:

(a) Shall appoint a chief integrated pest management coordinator to carry out the integrated pest management policy established pursuant to NRS 386.424; and

(b) May appoint subordinate integrated pest management coordinators to assist the chief integrated pest management coordinator in the performance of his or her duties.

2. An employee of the school district may be appointed as the chief integrated pest management coordinator or subordinate integrated pest management coordinator pursuant to subsection 1.

3. Not later than 90 days after appointing a chief or subordinate integrated pest management coordinator, the superintendent shall report to the Department:

(a) The name, address, telephone number and electronic mail address of the integrated pest management coordinator;

(b) The effective date of the appointment; and

4. A chief or subordinate integrated pest manager appointed pursuant to this section shall:

(a) Oversee any staff who are responsible for pest and weed control and ensure proper training of such staff in accordance with NRS 386.428 and the pest management policy established pursuant to NRS 386.424;

(b) Oversee the work of any contractor who is engaged to provide pest and weed control;

(c) Communicate with school administrators, the superintendent of the school district and the board of trustees of the school district concerning planned activities to control pests and weeds; and

(d) Ensure compliance with the integrated pest management policy established pursuant to NRS 386.424, including, without limitation, the system for maintaining records and the procedure prescribed in the policy for providing notification before the application of a pesticide or herbicide on property belonging to the school district.

(Added to NRS by 2019, 1941)

NRS 386.428 Certification required for certain employees; requirements for valid certification.

1. If a certification in integrated pest management that meets the requirements of subsection 2 is available at no additional cost to a school district, the board of trustees of each school district must ensure that at least 10 percent of the employees of the school district who provide custodial or maintenance services hold such a certification.

2. A certification in integrated pest management is valid for the purposes of subsection 1 if the certification was issued by a nonprofit organization that:

(a) Is recognized nationally or internationally;

(b) Has at least 15 years of experience providing education and training to school employees concerning management of pests in structures and landscape;

(d) Requires a majority of its officers and board of directors to hold an advanced degree in a field related to pest management and a certification or other credential in integrated pest management; and

(e) Provides training that is required for the certification in a manner that is accessible in-person or remotely.

(Added to NRS by 2019, 1942)

TRANSPORTATION

NRS 386.790 Transportation for pupils may be furnished by trustees; regulations.

1. As provided in this title, the board of trustees of any school district may furnish transportation for all resident children of school age in the school district attending a public school, including pupils assigned to special schools or programs pursuant to NRS 388.417 to 388.469, inclusive, or 388.5251 to 388.5267, inclusive:

(a) Who are not excused from school attendance by the provisions of this title; and

(b) Who reside within the school district at such a distance from the school as to make transportation necessary and desirable.

2. When the board of trustees of a school district whose population is less than 100,000 furnishes transportation for pupils attending public schools pursuant to subsection 1, the board may also provide transportation for all resident children of school age in the school district attending private schools not operated for profit, over bus routes established for pupils attending public schools. If such transportation is provided, the pupils attending such private schools must be transported, if space is available, to and from the points on the established routes nearest to the schools which they attend.

3. The board of trustees of any school district may:

(a) Establish bus routes.

(b) Make regulations governing the conduct of pupils while being transported.

(c) For the safety of pupils being transported, govern the conduct of drivers by making and enforcing regulations not inconsistent with regulations of the State Board of Education or with law.

[389:32:1956]—(NRS A 1979, 1614; 1983, 774; 1993, 2161)—(Substituted in revision for NRS 392.300)

NRS 386.795 Use of certain money for procuring vehicles, drivers and insurance.

1. As used in this section, “vehicles” means the school buses, station wagons, automobiles and other motor or mechanically propelled vehicles required by the school district for the transportation of pupils.

2. The board of trustees of a school district shall use transportation funds of the school district for:

(a) The purchase, rent, hire and use of vehicles, and for necessary equipment, supplies and articles therefor.

(b) Necessary repairs of vehicles to keep them in safe and workable condition.

(c) The employment and compensation of capable and reliable drivers of vehicles and other employees necessary for the transportation of pupils and other authorized persons.

(d) Insuring vehicles owned, rented, hired, used or operated by or under the direction or supervision of the board of trustees. Such insurance shall:

(1) Be of such an amount as the board of trustees may be able to obtain and the regulations of the State Board of Education require as sufficient to protect the board of trustees, the pupils being transported, and their parents, guardians or legal representatives from loss or damage resulting from acts covered by the insurance.

(2) Especially insure against loss and damage resulting from or on account of injury or death of any pupil being transported, caused by a crash or any accident during the operation of any such vehicle.

[391:32:1956]—(NRS A 1979, 1615; 2015, 1668)—(Substituted in revision for NRS 392.320)

NRS 386.800 Transportation by common and private carrier; purchase of bus tickets for certain pupils; contracts and insurance.

1. In addition to the purposes authorized by NRS 386.795, a board of trustees may use transportation funds of the school district for:

(a) Arranging and paying for transportation, in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board of trustees finds most economical, expedient and feasible and for the best interests of the school district.

(b) Purchasing tickets at reduced rates for the transportation of pupils, including, without limitation, homeless pupils, on public buses for use by pupils enrolled in middle school, junior high school and high school to travel to and from school.

2. Transportation may be arranged and contracted for by a board of trustees with:

(a) Any railroad company holding a certificate of public convenience and necessity issued by the Public Utilities Commission of Nevada or bus company or other licensed common carrier holding a certificate of public convenience and necessity issued by the Nevada Transportation Authority.

(b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils must be insured in the amount required by regulation of the State Board against the loss and damage described in subsection 2 of NRS 386.795.

[392:32:1956]—(NRS A 1979, 1615; 1997, 1993, 2489; 1999, 90, 565)—(Substituted in revision for NRS 392.330)

NRS 386.805 No admission of liability for injury or death. Nothing in this chapter admits or assumes any tort liability to any pupil or the parent or guardian thereof for injury or death resulting from transportation furnished such pupil by the board of trustees of a school district, unless such liability is specifically assumed by law.

[393:32:1956]—(NRS A 1979, 1615)—(Substituted in revision for NRS 392.340)

NRS 386.810 Payment to parents or guardian in lieu of furnishing transportation; conditions.

1. Except as otherwise provided in NRS 392.268, if the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $10 per day of attendance at school to assist the parents or guardian in defraying the cost of board, lodging and other subsistence expenses of the pupil to attend a public school in a city or town in this State or in an adjoining state. If the public school is in an adjoining county or state, costs for tuition and subsistence must be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.

2. Payment of money in lieu of furnishing transportation may be made only if:

(a) The guardian or parents have been residents in the area for a period set by the board of trustees; and

(b) The Superintendent of Public Instruction determines that the arrangements comply with regulations of the State Board.

[394:32:1956]—(NRS A 1959, 699, 808; 1961, 40; 1965, 100; 1975, 499; 1979, 1616; 1987, 183; 1997, 428)—(Substituted in revision for NRS 392.350)

NRS 386.815 Transportation of children to and from activities and programs; use and supervision of vehicles; qualifications and restrictions for drivers.

1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:

(a) Interscholastic contests;

(b) School festivals; or

2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:

(a) Programs for the supervision of children before and after school; and

(b) Other programs or activities that the board of trustees deems appropriate,

Ê regardless of whether such programs or activities are part of a school program.

3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the State Board. Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 386.790 to 386.840, inclusive.

4. A driver shall not operate a vehicle for the purposes enumerated in subsections 1 and 2 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he or she again operates a vehicle for such purposes.

5. Before January 1, 1984, the State Board shall adopt regulations to carry out the provisions of subsection 4.

[395:32:1956]—(NRS A 1983, 772; 1999, 3458; 2017, 1562, 2180)—(Substituted in revision for NRS 392.360)

NRS 386.820 School bus transportation: Drills to practice evacuation; adoption and requirements of safety program; information to parents and guardians concerning school bus safety; regulations.

1. At least twice each school year, a school district shall require all the pupils in the school district who ride a school bus to practice the evacuation of a school bus for a purpose other than a crisis governed by NRS 388.229 to 388.266, inclusive, and to receive instruction in the responsibility of a passenger of a school bus to use the emergency exit doors on the bus during such an evacuation.

2. Each school district shall adopt a safety program which does not concern a crisis governed by NRS 388.229 to 388.266, inclusive, and which includes, without limitation:

(a) The procedure for pupils to safely enter and exit a school bus, including entering and exiting with a driver of a school bus as an escort;

(b) Proper behavior and conduct of pupils while in areas around a school bus where a high risk of danger to pupils exists, including the area that is used to load and unload school buses;

(d) Evacuation of pupils from a school bus; and

(e) The location of emergency equipment on a school bus.

Ê At least annually, a school district shall require all pupils who are enrolled in preschool, kindergarten and in grades 1 to 4, inclusive, in the school district who ride a school bus to participate in the safety program created pursuant to this section.

3. If a parent or legal guardian enrolls his or her child in preschool, kindergarten or grades 1 to 6, inclusive, and the child will be riding a school bus for the first time, the school shall provide the parent or legal guardian, upon enrollment, with written information concerning the safety of pupils on a school bus. The information must include, without limitation:

(a) A description of each location that is designated to load and unload a school bus which is in geographical proximity to the pupil’s residence;

(b) Rules of conduct for pupils on a school bus and at an area that is designated for pupils to enter and exit a school bus;

(1) At school crossing zones and in areas that are designated to load and unload a school bus; and

(2) When a driver of a school bus operates a system of flashing red lights;

(d) A description of the area around a school bus that poses a high risk of danger to pupils and other pedestrians; and

(e) Behavior and conduct for pupils who walk to and from an area that is designated for pupils to enter and exit a school bus that will enhance the safety of the pupils.

4. The board of trustees of each school district shall adopt regulations regarding practices conducted pursuant to subsection 1 and participation in safety programs required by subsection 2, including the requirement of such practices and participation in such programs at the beginning of any field trip by school bus.

(Added to NRS by 1983, 772; A 1997, 1317; 2001, 1328)—(Substituted in revision for NRS 392.375)

NRS 386.825 Drivers: Qualifications; training course; annual test; employment of pupils.

1. No person may be employed by a board of trustees of a school district as a driver of a school bus, station wagon, automobile or other motor vehicle, or mechanically or self-propelled vehicle of any kind which transports pupils to and from school or any other place in connection with school activities unless the person is:

(a) Of good, reputable and sober character.

(b) Competent and qualified by experience and disposition to operate the particular type of vehicle in a safe and dependable manner.

2. Each driver of a school bus or a bus used to transport pupils for extracurricular activities must complete a training course approved by the State Board of Education which includes at least 10 hours of training while operating the vehicle, and 10 hours of training in:

(a) The responsibilities of drivers;

(b) The requirements for drivers of school vehicles;

(d) Defensive driving;

(e) Emergency procedures; and

(f) First aid.

3. Each driver must pass a written test each year approved by the Superintendent of Public Instruction and administered by the local school district.

4. A board of trustees may employ a pupil attending a school under the supervision of the board as a driver when the pupil possesses the qualifications stated in subsection 1 and the pupil’s guardian or parents first consent to the employment of the pupil. The board of trustees may arrange or contract, in writing, with the pupil, and with the pupil’s parents or guardian if the pupil is under the age of 18 years, for the pupil’s services as a driver upon such terms, conditions and provisions and for such compensation as the board deems most economical and for the best interests of the school district, pupils and other persons.

5. Before January 1, 1984, the State Board of Education shall adopt regulations to carry out the provisions of this section.

[397:32:1956]—(NRS A 1979, 1616; 1983, 773)—(Substituted in revision for NRS 392.380)

NRS 386.830 Condition, equipment and specifications of vehicle used for transportation of pupils; inspection; exemption; reporting; penalties.

1. All vehicles used in the transportation of pupils must be:

(a) In good condition and state of repair.

(b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.

2. Each school bus must be inspected annually by the Department of Public Safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the State Board. The Department of Public Safety shall provide written notice of defects or inspection issues to the superintendent of schools of the school district wherein any such vehicle is operating and to any person designated by the superintendent of schools of the school district to receive such a notice, for the correction of any defects or inspection issues discovered thereby.

3. If the superintendent of schools fails or refuses to take appropriate action to have the defects or inspection issues corrected within 20 calendar days after receiving notice of them from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction thereof may be removed from office.

4. The Department of Public Safety shall reinspect any vehicle which was found to have defects or inspection issues pursuant to subsection 2 and, if the Department of Public Safety finds the defect or inspection issue has been corrected, approve the vehicle for use.

5. Except as otherwise provided in subsection 6, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.

6. Except as otherwise provided in subsection 7, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.

7. Any new school bus which is purchased by a school district to transport pupils must meet the standards set forth in:

(a) Subsection 1 of NRS 386.835 if the school bus is purchased on or after January 1, 2016;

(b) Subsection 2 or 3 of NRS 386.835 if the school bus is purchased on or after July 1, 2016; and

8. Each year, the Department of Public Safety shall submit a report to each superintendent of schools, which must include, without limitation, for the school district:

(a) The number of vehicles inspected during the immediately preceding year;

(b) The number of defects or inspection issues found pursuant to subsection 2 during the immediately preceding year;

(c) Any actions required by the superintendent, including, without limitation, establishing a timeline to resolve any defects or inspection issues, to ensure the safety of vehicles used in the transportation of pupils; and

(d) Any other information the Department of Public Safety deems necessary to ensure the safety of vehicles used in the transportation of pupils.

9. Any person violating any of the requirements of this section is guilty of a misdemeanor.

10. As used in this section, “defect” or “inspection issue” means a failure to meet the minimum specifications established by the State Board.

[400:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1971, 152, 339; 1973, 395; 1979, 1468; 1981, 991; 1985, 1988; 2001, 2603; 2011, 471; 2013, 1021; 2017, 2181; 2021, 383)

NRS 386.835 Standards for new school buses purchased by school district on and after January 1, 2016.

1. On and after January 1, 2016, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must meet the following standards in addition to being equipped as required by the regulations of the State Board:

(a) Occupant seating within the school bus must be tested in accordance with either:

(1) The ASTM International Standard ASTM E1537, “Standard Test Method for Fire Testing of Upholstered Furniture”; or

(2) The School Bus Seat Upholstery Fire Block Test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.

(b) For the purposes of paragraph (a) such testing must be conducted on a complete seat assembly inside a test room or school bus, and occupant seating shall be deemed to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

(1) The seat assembly exhibits a weight loss of 3 pounds or greater during the first 10 minutes of the test; or

(2) The seat assembly exhibits a heat release rate of 80 kilowatts or greater.

2. Except as otherwise provided in subsection 3, each plastic component contained in the engine compartment of a new school bus which is purchased by a school district on and after July 1, 2016, to transport pupils must meet one of the following classifications when tested in accordance with the Underwriters Laboratories Inc. Standard 94, “the Standard for Safety of Flammability of Plastic Materials for Parts in Devices and Appliances testing”:

(a) A V-0 classification; or

(b) If the component is located within 100 millimeters directly above an exhaust component that is not shielded, including, without limitation, a catalytic converter, an exhaust gas recirculation pipe that carries uncooled exhaust gas, an exhaust manifold or an exhaust pipe:

(1) For molded parts, a V-0 classification;

(2) For foams, an HF-1 classification; and

(3) For thin films, a VTM-0 classification.

3. In lieu of meeting the requirements set forth in subsection 2, a new school bus may be purchased by a school district on or after July 1, 2016, to transport pupils if it meets the following requirements:

(a) The school bus has an automatic system for fire extinguishment in the engine compartment that includes a mechanism for activation by the driver;

(b) Any nozzles for fire suppression are located, without limitation, under the school bus, in the electrical panel or under the dashboard, but are not located in the passenger compartment; and

(Added to NRS by 2011, 470; A 2013, 1022)—(Substituted in revision for NRS 392.405)

NRS 386.837 New school buses to be equipped with shoulder-harness-type safety belt.

1. On and after July 1, 2019, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must be equipped with a shoulder-harness-type safety belt assembly for use in each permanent seating position for passengers on the school bus.

2. Each shoulder-harness-type safety belt assembly required by subsection 1 must meet the applicable minimum standards and specifications which are set forth in the Federal Motor Vehicle Safety Standards of the National Highway Traffic Safety Administration of the United States Department of Transportation and which are in effect on the date the school district purchases the school bus.

(Added to NRS by 2017, 2178)

1. The board of trustees of a school district may, except as otherwise provided in subsections 5 and 6, authorize the school district to enter into a written agreement to lease school buses or vehicles belonging to the school district for special events that take place within the county in which the school district is located, provided that such an agreement will not interfere with or prevent the school district from furnishing transportation for pupils for the purposes described in NRS 386.790 and 386.815.

2. If a school district enters into an agreement pursuant to this section, the agreement must include, without limitation, a provision requiring the lessee to:

(a) Provide a security deposit in an amount which is not less than 20 percent of the estimated total amount of the fee set forth in the agreement;

(b) Pay a fee in an amount which is not less than the total cost per mile for the use of a school bus or vehicle to the school district, as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department, and any additional costs or expenses related to the use of the school bus or vehicle, including, without limitation, fuel, wear and tear, maintenance, appropriate staffing, administrative costs and an additional rental service fee;

(c) Indemnify and hold the school district harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto;

(d) Indemnify and hold the driver of a school bus or vehicle harmless against any claim, demand, judgment or legal action, whatsoever, including, without limitation, any losses, damages, legal costs or expenses incident thereto incurred when acting in the scope of his or her employment;

(e) Accept responsibility for any damage to the school bus or vehicle while leased as determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

(f) Provide proof that the school bus or vehicle leased will be operated by a person licensed under the laws of this State to operate the particular type of bus or vehicle leased;

(g) Provide proof of insurance which covers the school bus or vehicle while operated by the lessee up to an amount determined by the transportation department of the school district, if the school district has such a department, or by the board of trustees, if the school district does not have such a department;

(h) Provide proof of a permit or other approval for the special event, if required by a governmental entity;

(i) Give preference to a driver of a school bus or vehicle who is employed by the school district before hiring another driver who is not employed by the school district; and

(j) Acknowledge that by entering into such an agreement, the lessee does not become an agent or employee of the school district and is not entitled to the limitation on damages set forth in NRS 41.032 to 41.038, inclusive, for any act or failure to act by the lessee or an agent or employee of the lessee.

3. Except as otherwise provided in this subsection, whenever any school bus or vehicle belonging to a school district is leased, any lettering on the school bus or vehicle designating the vehicle as a school bus or vehicle must be covered and concealed, no signs or wording may be affixed to the school bus or vehicle and any system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle must not be used in the operation of the school bus or vehicle by the lessee except in the case of an emergency. A system of flashing red lights or a mechanical device attached to the front of the school bus or vehicle may be used in the operation of a school bus or vehicle only during an emergency.

4. A school district shall separately account for any money collected as a result of an agreement to lease a school bus or vehicle which exceeds the actual cost to the school district and, except as otherwise provided in this subsection, such money may be used at the discretion of the school district. A school district may not use any money collected as a result of an agreement to lease a school bus or vehicle to:

(a) Settle or arbitrate disputes between a recognized organization representing employees of the school district and the school district, or to settle any negotiations; or

(b) Adjust the district-wide schedules of salaries and benefits of the employees of the school district.

5. A school district may not enter into an agreement pursuant to this section:

(a) For special events that take place outside the county in which the school district is located.

(b) If the school district determines that transportation by a commercial bus is reasonably available for a special event.

6. A school district may not lease during any period of time more than 8.5 percent of the total number of school buses and vehicles belonging to the school district.

7. For the purposes of this section, “special event” means an event or series of events that does not take place during the regular school day and is not an interscholastic contest, school festival or other activity properly a part of a school program.

(Added to NRS by 2017, 1560, 2178)

NRS 386.840 Equipment and identification of school bus; use of system of flashing red lights; compliance with standards; inspection; penalties.

1. Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:

(a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:

(1) When the bus is stopped to unload pupils.

(2) When the bus is stopped to load pupils.

(3) In times of emergency, accident or motor vehicle crash, when appropriate.

(b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.

2. A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:

(a) Has been designated by a school district and approved by the Department;

(b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;

(d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;

(e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and

(f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.

3. In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 6 of NRS 386.830, each school bus must:

(a) Be equipped and identified as required by the regulations of the State Board; and

(b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:

(1) Subsection 1 of NRS 386.835 if the bus is purchased on or after January 1, 2016;

(2) Subsection 2 or 3 of NRS 386.835 if the bus is purchased on or after July 1, 2016; and

(3) NRS 386.837 if the bus is purchased on or after July 1, 2019.

4. The Department of Public Safety shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.

5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 20 calendar days after receiving notice of it from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.

6. Any person who violates any of the provisions of this section is guilty of a misdemeanor.

[401:32:1956]—(NRS A 1957, 629, 737; 1961, 302; 1967, 566; 1971, 340; 1973, 1296; 1981, 992; 1985, 1989; 1991, 275; 1993, 169; 2001, 2603; 2011, 471; 2013, 1023; 2015, 1669; 2017, 2181; 2021, 384)

NRS 386.845 Use of school buses for commercial advertising: Authorization; conditions; establishment of special revenue fund; authorized use of fees.

1. A board of trustees of a school district may:

(a) Authorize for commercial advertising the use of buses owned by the school district; and

(b) Establish the fees and other terms and conditions which are applicable to such advertising.

2. Any advertising authorized pursuant to subsection 1:

(a) Must conform with all applicable local ordinances regarding signs; and

(b) Must not:

(1) Promote hostility, disorder or violence;

(2) Attack groups on the basis of their ethnicity, race, religion, sexual orientation, or gender identity or expression;

(3) Invade the rights of others;

(4) Inhibit the functioning of the school;

(5) Override the school’s identity;

(6) Promote the use of controlled substances, dangerous drugs, intoxicating liquor, tobacco or firearms;

(7) Promote any religious organization;

(8) Contain political advertising; or

(9) Promote entertainment deemed improper or inappropriate by the board of trustees.

3. The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the fund must not be commingled with money from other sources. The board of trustees shall disburse the money in the fund to the schools within its district giving preference to the schools within the district that the district has classified as serving a significant proportion of pupils who are economically disadvantaged.

4. A school that receives money pursuant to subsection 3 shall expend the money only to purchase textbooks and laboratory equipment and to pay for field trips.

5. 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.

(Added to NRS by 1997, 1757; A 2017, 1070; 2021, 1714)

SCHOOL UNIFORMS

NRS 386.855 Authorization to establish policy of uniforms for pupils and dress code for educational personnel; financial assistance for pupils to purchase uniforms.

1. The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear school uniforms.

2. The policy must:

(a) Describe the uniforms;

(b) Designate which pupils must wear the uniforms;

(d) To the extent practicable, be consistent with the policy adopted pursuant to NRS 392.453.

3. If the board of trustees of a school district establishes a policy that requires pupils to wear school uniforms, the board shall facilitate the acquisition of school uniforms for pupils whose parents or legal guardians request financial assistance to purchase the uniforms.

4. The board of trustees of a school district may establish a dress code enforceable during school hours for the teachers and other personnel employed by the board of trustees.

5. A dress code or a policy that requires pupils to wear school uniforms may not discriminate against a pupil based on race. Race discrimination prohibited by this subsection includes, without limitation, the enforcement of a dress code or policy that requires school uniforms whereby a pupil’s hair texture, hairstyle, including, without limitation, a protective hairstyle, or other trait associated with race violates the dress code or the policy.

6. 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.

(Added to NRS by 1997, 2488; A 2019, 545; 2021, 1715)

MAINTENANCE AND ADMINISTRATION OF AUTO-INJECTABLE EPINEPHRINE AND OPIOID ANTAGONISTS; FOOD ALLERGIES AND ANAPHYLAXIS

NRS 386.861 “Opioid antagonist” defined. As used in NRS 386.861 to 386.875, inclusive, “opioid antagonist” has the meaning ascribed to it in NRS 453C.040.

(Added to NRS by 2021, 425)

1. Each public school shall ensure that auto-injectable epinephrine and any opioid antagonist maintained at the school is stored in a designated, secure location that is unlocked and easily accessible.

2. Each school district shall establish a policy for the schools within the district, other than charter schools, regarding the proper handling and transportation of auto-injectable epinephrine and opioid antagonists.

3. Not later than 30 days after the last day of each school year, each school district and charter school shall submit a report to the Division of Public and Behavioral Health of the Department of Health and Human Services identifying the number of doses of auto-injectable epinephrine and opioid antagonists that were administered at each public school within the school district or charter school, as applicable, during the school year.

(Added to NRS by 2013, 1225; A 2021, 425)

1. Each public school, including, without limitation, each charter school, shall obtain an order from a physician, osteopathic physician, physician assistant or advanced practice registered nurse, for auto-injectable epinephrine pursuant to NRS 630.374, 632.239 or 633.707 and acquire at least two doses of the medication to be maintained at the school. If a dose of auto-injectable epinephrine maintained by the public school is used or expires, the public school shall ensure that at least two doses of the medication are available at the school and obtain additional doses to replace the used or expired doses if necessary.

2. A public school, including, without limitation, a charter school, may obtain an order from a health care professional for an opioid antagonist pursuant to NRS 453C.105 to be maintained at the school. If a dose of an opioid antagonist maintained by the public school is used or expires, the public school may obtain an additional dose of the opioid antagonist to replace the used or expired opioid antagonist.

3. Auto-injectable epinephrine or an opioid antagonist maintained by a public school pursuant to this section may be administered:

(a) At a public school other than a charter school, by a school nurse or any other employee of the public school who has been designated by the school nurse and has received training in the proper storage and administration of auto-injectable epinephrine or the opioid antagonist, as applicable; or

(b) At a charter school, by an employee designated to be authorized to administer auto-injectable epinephrine or the opioid antagonist, as applicable, pursuant to NRS 388A.547 if the person has received the training in the proper storage and administration of auto-injectable epinephrine or the opioid antagonist, as applicable.

4. A school nurse or other designated employee of a public school may administer:

(a) Auto-injectable epinephrine maintained at the school to any pupil on the premises of the public school during regular school hours whom the school nurse or other designated employee reasonably believes is experiencing anaphylaxis.

(b) An opioid antagonist maintained at the school to any person on the premises of the public school whom the school nurse or other designated employee reasonably believes is experiencing an opioid-related drug overdose.

5. The governing body of each charter school and the board of trustees of each school district that obtains an order for an opioid antagonist pursuant to subsection 2 shall adopt a policy to ensure that:

(a) Emergency assistance is sought each time a person experiences an opioid-related drug overdose on the premises of the school; and

(b) The parent or guardian of each pupil to whom an opioid antagonist is administered is notified as soon as practicable.

6. A public school may accept gifts, grants and donations from any source for the support of the public school in carrying out the provisions of this section, including, without limitation, the acceptance of auto-injectable epinephrine or opioid antagonists from a manufacturer or wholesaler of auto-injectable epinephrine or opioid antagonists.

7. A public school, school district, member of the board of trustees of a school district or governing body of a charter school or employee of a school district or charter school is not liable for any error or omission concerning the acquisition, possession, provision or administration of auto-injectable epinephrine or an opioid antagonist maintained at a public school pursuant to this section not resulting from gross negligence or reckless, willful or wanton conduct of the school, school district, member or employee, as applicable, if the auto-injectable epinephrine or opioid antagonist is provided or administered during the rendering of emergency care or assistance during an emergency.

8. As used in this section:

(a) “Health care professional” has the meaning ascribed to it in NRS 453C.030.

(b) “Opioid-related drug overdose” has the meaning ascribed to it in NRS 453C.050.

(Added to NRS by 2013, 1224; A 2015, 471; 2021, 425)

NRS 386.875 Training concerning food allergies and development of comprehensive action plan concerning anaphylaxis. Each public school, including, without limitation, each charter school, shall, to the extent feasible:

1. Provide training concerning food allergies to each employee who works with food at the school and to such other employees as deemed appropriate by the school nurse in collaboration with the principal or other person in charge of the school; and

2. Develop a comprehensive action plan concerning anaphylaxis, which includes, without limitation, information relating to:

(a) The risks that may cause anaphylaxis;

(b) Ways to avoid risks that may cause anaphylaxis;

(d) How to access auto-injectable epinephrine when necessary; and

(e) Medical care that should be received after the administration of auto-injectable epinephrine.

(Added to NRS by 2013, 1225)—(Substituted in revision for NRS 388.427)

ACCESS TO MENSTRUAL PRODUCTS

NRS 386.900 Provision of menstrual products at no cost in certain public schools; plan to address lack of access to menstrual products.

1. The board of trustees of each school district and the governing body of each charter school that operates as a middle school, junior high school or high school shall ensure that menstrual products are provided at no cost to pupils in the bathrooms of each middle school, junior high school and high school in the school district or charter school.

2. The board of trustees of each school district and the governing body of each charter school that operates as a middle school, junior high school or high school shall develop a plan to address the lack of access to menstrual products due to affordability and to provide equal access to menstrual products. The board of trustees or governing body shall review the plan each year. The plan must, without limitation:

(a) Evaluate the access to and quality of menstrual products in the middle schools, junior high schools and high schools in the school district or charter school;

(b) Include a method to evaluate the effectiveness of the plan;

(d) Be solution-oriented;

(e) Outline how the school district or charter school will ensure access to menstrual products regardless of affordability and destigmatize the need for menstrual products; and

(f) Outline any curriculum a school in the school district or a charter school may provide regarding access to menstrual products.

3. The board of trustees of a school district or governing body of a charter school that operates as a middle school, junior high school or high school may apply for any available grants and accept any gifts, grants or donations to implement the provisions of this section.

4. On or before February 1 of each odd-numbered year, the board of trustees of each school district and the governing body of each charter school that operates as a middle school, junior high school or high school shall submit a report on the plan developed pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature.

5. As used in this section, “menstrual products” includes, without limitation, sanitary napkins, tampons or similar products used in connection with the menstrual cycle.

(Added to NRS by 2021, 3266)

PROGRAM OF INFORMATION CONCERNING MISSING CHILDREN

NRS 386.975 Establishment of program by trustees; assistance of Attorney General or State Board.

1. The board of trustees of each school district may:

(a) Establish a program of information concerning missing children for pupils, parents and other residents of the district; and

(b) Use materials prepared by the Attorney General in developing such a program.

2. The board of trustees may request the assistance of the Attorney General or the State Board of Education in establishing its program.

(Added to NRS by 1985, 2168)—(Substituted in revision for NRS 388.585)