1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:
(a) An emergency exists that necessitates the use of physical restraint;
(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to the pupil or to others or causing severe property damage; and
(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.
2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:
(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if the pupil’s resistance is minimal in intensity and duration;
(b) Escort or carry the pupil to safety if the pupil is in danger in his or her present location; or
(c) Conduct medical examinations or treatments on the pupil that are necessary.
3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.513.
4. If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings.
5. If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.
(Added to NRS by 1999, 3238; A 2009, 918)—(Substituted in revision for NRS 388.5275)
Structure Nevada Revised Statutes
Chapter 388 - System of Public Instruction
NRS 388.020 - Kinds of public schools.
NRS 388.030 - Division of public schools in school district into departments.
NRS 388.055 - Employment of school counselor; program for school counseling.
NRS 388.070 - Maintenance of schools with equal rights and privileges.
NRS 388.075 - Period of silence.
NRS 388.097 - Additional days or minutes of instruction for program of remedial education.
NRS 388.110 - Closing public schools for legal holidays.
NRS 388.1215 - "Administrator" defined.
NRS 388.122 - "Bullying" defined.
NRS 388.123 - "Cyber-bullying" defined.
NRS 388.1235 - "Discrimination based on race" defined.
NRS 388.124 - "Electronic communication" defined.
NRS 388.126 - "Governing body" defined.
NRS 388.1265 - "Protective hairstyle" defined.
NRS 388.1267 - "Race" defined.
NRS 388.127 - "School" defined.
NRS 388.132 - Legislative declaration concerning safe and respectful learning environment.
NRS 388.1324 - Committee on statewide school safety; membership; duties.
NRS 388.1335 - Inclusion of mental health resources on pupil identification card.
NRS 388.1343 - Establishment by administrator of each school; duties of administrator.
NRS 388.1344 - Membership; chair; duties.
NRS 388.135 - Discrimination based on race, bullying and cyber-bullying prohibited.
NRS 388.13505 - Reporting and categorization of incident of discrimination based on race.
NRS 388.136 - School officials prohibited from interfering with disclosure of violations.
NRS 388.139 - Text of certain provisions required to be included in rules of behavior.
NRS 388.1395 - Requirements for delivery of information during annual "Week of Respect."
NRS 388.1452 - "Director" defined.
NRS 388.14522 - "Handle with Care Program" defined.
NRS 388.14525 - "Public safety agency" defined.
NRS 388.1453 - "SafeVoice Program" and "Program" defined.
NRS 388.14535 - "Support center" defined.
NRS 388.1454 - Legislative findings and declarations concerning SafeVoice Program.
NRS 388.14555 - Immunity from liability for team and team members.
NRS 388.14557 - Requirements of support center.
NRS 388.165 - Development of academic plan required.
NRS 388.205 - Development of academic plan required for ninth grade pupils.
NRS 388.221 - Adoption of policy for peer mentoring.
NRS 388.224 - Distribution of information about financial planning and financial aid; reports.
NRS 388.231 - "Crisis" defined.
NRS 388.232 - "Development committee" defined.
NRS 388.233 - "Emergency" defined.
NRS 388.2335 - "Emergency operations plan development committee" defined.
NRS 388.234 - "Local organization for emergency management" defined.
NRS 388.2343 - "Lockdown" defined.
NRS 388.2345 - "Public safety agency" defined.
NRS 388.23457 - "Public school" defined.
NRS 388.235 - "School committee" defined.
NRS 388.2358 - "School resource officer" defined.
NRS 388.2359 - "Suicide" defined.
NRS 388.246 - Report on compliance with requirements concerning plan; random audits of plan.
NRS 388.247 - School committee: Establishment; membership; terms of members.
NRS 388.2565 - Training for school resource officers in prevention of suicide.
NRS 388.259 - Confidentiality of plans, approved deviations and certain other information.
NRS 388.262 - Designation of emergency manager.
NRS 388.282 - "Personally identifiable information" defined.
NRS 388.283 - "School service" defined.
NRS 388.284 - "School service provider" defined.
NRS 388.285 - "Targeted advertising" defined.
NRS 388.296 - Waiver or modification of any right, obligation or liability of provisions prohibited.
NRS 388.342 - Superintendent of Public Instruction to appoint person to oversee programs.
NRS 388.360 - Powers of State Board.
NRS 388.365 - Designation of Fund; use of money.
NRS 388.390 - Certain school districts and charter schools entitled to share in available money.
NRS 388.400 - Administration; State Treasurer as custodian.
NRS 388.406 - Rights of English learners.
NRS 388.4073 - Board of trustees required to collect certain data; reports.
NRS 388.4077 - Board of trustees required to post certain budgetary information on Internet website.
NRS 388.431 - Pupils not required to take advantage of special provisions for education.
NRS 388.433 - Placement of child in special program; effect of military transfer of parent of child.
NRS 388.435 - Ages for admission to special programs; enrollment counted for apportionment.
NRS 388.439 - Pupils with dyslexia: Early literacy screening assessment.
NRS 388.453 - Special ungraded schools and programs; powers of trustees.
NRS 388.463 - Selection and compensation of hearing officers; appeal of decision of hearing officer.
NRS 388.469 - Authority of Department to issue subpoenas; enforcement of subpoena by court.
NRS 388.473 - "Aversive intervention" defined.
NRS 388.476 - "Chemical restraint" defined.
NRS 388.478 - "Corporal punishment" defined.
NRS 388.485 - "Electric shock" defined.
NRS 388.487 - "Emergency" defined.
NRS 388.491 - "Mechanical restraint" defined.
NRS 388.494 - "Physical restraint" defined.
NRS 388.495 - "Verbal and mental abuse" defined.
NRS 388.497 - Aversive intervention prohibited.
NRS 388.499 - Physical restraint and mechanical restraint prohibited; exceptions.
NRS 388.505 - Mandatory education and training for staff.
NRS 388.506 - Disciplinary action against person for intentional violation.
NRS 388.511 - Retaliation for reporting violation prohibited.
NRS 388.513 - Reporting of denial of rights; investigation and resolution of disputes by Department.
NRS 388.516 - "Individualized education program" defined.
NRS 388.5165 - "Individualized education program team" defined.
NRS 388.517 - "Individualized family service plan" defined.
NRS 388.5195 - Report concerning development of language and literacy skills.
NRS 388.5223 - Eligibility for benefits.
NRS 388.5239 - Priority of placement in homes or facilities located in this State.
NRS 388.5253 - Provision of education to gifted and talented pupils.
NRS 388.5257 - Pupils not required to take advantage of special provisions for education.
NRS 388.5259 - Placement of child in special program.
NRS 388.5261 - Age for admission to special programs; enrollment counted for apportionment.
NRS 388.5263 - Special ungraded schools and programs; powers of trustees.
NRS 388.532 - Development of programs.
NRS 388.537 - Alternative programs for pupils at risk of dropping out of school.
NRS 388.550 - Employment of teachers with approval of juvenile court and county commissioners.
NRS 388.560 - Courses of instruction; school district to furnish textbooks, equipment and supplies.
NRS 388.593 - Criteria for award of State Seal of Biliteracy.
NRS 388.5935 - Criteria for award of State Seal of Civics.
NRS 388.5945 - Criteria for award of State Seal of STEM.
NRS 388.5962 - Criteria for award of State Seal of Financial Literacy.
NRS 388.5964 - Establishment of Financial Literacy Month; regulations.
NRS 388.5968 - State Financial Literacy Advisory Council: Duties.
NRS 388.5975 - Criteria for award of State Seal of STEAM.
NRS 388.635 - Provision of services by center for displaced homemakers.
NRS 388.655 - Executive director for center; quarterly reports to Board.
NRS 388.785 - "Commission" defined.
NRS 388.787 - "Committee" defined.
NRS 388.788 - "Program" defined.
NRS 388.823 - "Course of distance education" defined.
NRS 388.826 - "Distance education" defined.
NRS 388.829 - "Program of distance education" defined.
NRS 388.834 - Publication of list of approved distance education courses.
NRS 388.850 - Eligibility for enrollment.
NRS 388.866 - Requirements of program; supervision by teacher; qualifications of certain teachers.
NRS 388.874 - Regulations of State Board.
NRS 388.887 - Development of curriculum regarding the Holocaust and other genocides; reports.
NRS 388.905 - Provision of information concerning importance of annual physical examination.
NRS 388.910 - Appointment and duties of school safety specialist.