Nevada Revised Statutes
Chapter 390 - Testing of Pupils and Graduation
NRS 390.410 - School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.


1. If any reprisal or retaliatory action is taken against a school official who discloses information concerning irregularities in testing administration or testing security within 2 years after the information is disclosed, the school official may file a written appeal with the State Board for a hearing on the matter and determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:
(a) The facts and circumstances pursuant to which the disclosure of information concerning irregularities in testing administration or testing security was made; and
(b) The reprisal or retaliatory action that is alleged to have been taken against the school official.
The hearing must be conducted in accordance with the rules of procedure adopted by the State Board pursuant to subsection 4.
2. If the State Board determines that the action taken was a reprisal or retaliatory action, it may issue an order directing the proper person to desist and refrain from engaging in such action.
3. The State Board may not rule against the school official based on the identity of the person or persons to whom the information concerning irregularities in testing administration or testing security was disclosed.
4. The State Board shall adopt rules of procedure for conducting a hearing pursuant to this section.
(Added to NRS by 2001, 1210)—(Substituted in revision for NRS 391.632)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 390 - Testing of Pupils and Graduation

NRS 390.015 - Maintenance of Internet website by school districts containing information on available examinations and assessments.

NRS 390.055 - Selection of assessment by State Board; eligibility to take assessment; permission of board of trustees required under certain circumstances; regulations.

NRS 390.065 - Disclosure of questions and answers prohibited; exceptions.

NRS 390.105 - Administration of criterion-referenced examinations.

NRS 390.115 - Council to Establish Academic Standards for Public Schools required to review and evaluate results of examinations; report of evaluation.

NRS 390.125 - Adoption of model to measure achievement of pupils on criterion-referenced examinations; use of model to track progress of individual schools from year to year.

NRS 390.250 - Definitions.

NRS 390.255 - "Irregularity in testing administration" defined.

NRS 390.260 - "Irregularity in testing security" defined.

NRS 390.265 - "School official" defined.

NRS 390.270 - Adoption and enforcement of plan for test security by Department; contents of plan; posting of plan on Internet.

NRS 390.275 - Adoption and enforcement of plan for test security by board of trustees; contents of plan; annual submission of plan to State Board and Joint Interim Standing Committee on Education; written notice concerning plan to educational personn...

NRS 390.280 - Violation of state or district plan: Duty of Department to investigate; authority of Department to issue subpoenas; enforcement of subpoena by court.

NRS 390.285 - Violation of district plan: Duty of board of trustees to investigate or refer to Department; authority of board of trustees to issue subpoenas; enforcement of subpoena by court.

NRS 390.290 - Certain schools required to provide for additional administration of examinations if consecutive irregularities in testing administration occur; school district or charter school required to pay costs of additional administration; deter...

NRS 390.295 - Plan for corrective action required of school or school district in response to irregularity in testing administration or security; notice by Department; establishment by Department of procedures to document corrective action; amendment...

NRS 390.300 - Establishment of program of education and training regarding administration and security of examinations and assessments; expanded program authorized; school districts and charter schools required to ensure educational personnel receive...

NRS 390.305 - Establishment of procedures for uniform documentation and maintenance of irregularities in testing administration and security; maintenance by Department of written summary for each irregularity; annual report by Department required.

NRS 390.350 - Definitions.

NRS 390.355 - "Assessment" defined.

NRS 390.360 - "Examination" defined.

NRS 390.365 - "Irregularity in testing administration" defined.

NRS 390.370 - "Irregularity in testing security" defined.

NRS 390.375 - "Reprisal or retaliatory action" defined.

NRS 390.380 - "School official" defined.

NRS 390.395 - Declaration of policy concerning disclosure of irregularities in testing administration and security.

NRS 390.405 - School official prohibited from using authority or influence to prevent disclosure of information.

NRS 390.410 - School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.

NRS 390.415 - State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.

NRS 390.420 - Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.

NRS 390.425 - Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.

NRS 390.430 - Provisions do not abrogate or decrease effect of crimes or punishments.

NRS 390.600 - State Board required to prescribe criteria for standard high school diploma; college and career readiness assessment; exception for certain pupils with disabilities; criteria for receipt of adjusted diploma or alternative diploma; prohi...

NRS 390.605 - Graduation with college and career ready high school diploma; endorsements for such diplomas; annual review of regulations establishing requirements; incentive grants and reimbursements to public high schools and school districts for pu...

NRS 390.610 - State Board to select college and career readiness assessment for grade 11; requirement of pupil to take assessment; results not used for receipt of standard high school diploma; use of results to provide data and information for pupil;...

NRS 390.620 - Department required to develop and post on Internet website informational pamphlet concerning college and career readiness assessment; posting of pamphlet and distribution to pupils and parents.

NRS 390.625 - Public awareness campaign regarding types of diplomas and endorsements pupils may receive.

NRS 390.630 - Issuance of standard high school diploma to certain veterans who left high school to serve in Armed Forces.

NRS 390.700 - Regulations relating to end-of-course finals.

NRS 390.800 - Limitation on administration; periodic review.

NRS 390.803 - Review of examinations and assessments by Department. [Effective January 1, 2022.]

NRS 390.805 - Department required to adopt regulations limiting time taken from instruction to conduct and number of examinations or assessments; waiver. [Effective January 1, 2022.]

NRS 390.810 - Administration of examinations to pupils who are English learners; State Board required to prescribe modifications and accommodations; administration in language other than English required under certain circumstances; assessment of pro...

NRS 390.820 - Administration of examinations to pupils with disabilities; modifications and accommodations required for certain pupils; State Board required to prescribe alternate examination.

NRS 390.830 - Examinations of National Assessment of Educational Progress; regulations requiring selected schools to participate; report of results; report of discrepancies.

NRS 390.840 - Enforcement of contractual penalties or sanctions for failure to deliver results of examinations on timely basis.