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Nevada Education Law Questions & Answers
1 Answer | Asked in Education Law and Juvenile Law for Nevada on
Q: Can a school staff member sign a citation given to a minor after a fight and not inform the parents.

My son had a fight he was detained and issued a citation and I was not informed by the school that they signed a citation in my place or that a citation was even given so the court date was missed due to not informing the parents

T. Augustus Claus
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answered on Dec 14, 2023

While NRS 392.150 grants school personnel authority to detain a pupil for certain offenses, including fighting, the requirement for parental notification is not explicitly outlined in this context. Additionally, NRS 392.149 mandates notifying parents of truancy-related citations. Schools generally... View More

2 Answers | Asked in Education Law for Nevada on
Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint

By putting child in a headlock which the child then punches the teacher to get her to let go of child self

T. Augustus Claus
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answered on Nov 16, 2023

It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers.

If a child is...
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1 Answer | Asked in Personal Injury, Civil Litigation and Education Law for Nevada on
Q: Is there any legal recourse if I feel my child is not safe at a school after being a victim of nrs 388.135?

his case has been substantiated that he is a victim of bullying under nrs 388.135 and it only seems to be getting worse at the school

T. Augustus Claus
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answered on Oct 30, 2023

One option is to file a complaint with the Nevada Department of Education. The department has a responsibility to investigate all complaints of bullying and to take steps to address the problem. Suppose the department finds that the school has not adequately addressed the bullying. In that case, it... View More

1 Answer | Asked in Education Law for Nevada on
Q: Is there a prob, if a school, helps 1 student specially, so they can receive $, & not for another student do the same?

If a trait school has let a student enroll,& not attend school,& still let's them receive a loan, that's for,attending that school,( Fasa loan & Pell Grant.) I believe it is. Also, the student was given, by the owner the of business, all the answers, to all Q&A'S,... View More

T. Augustus Claus
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answered on Oct 5, 2023

If a school is inconsistently applying attendance and academic requirements, leading to one student improperly receiving federal financial aid while another doesn't, it raises concerns about federal compliance, potential fraud, or discriminatory practices. Schools violating these federal... View More

1 Answer | Asked in Criminal Law, Civil Rights and Education Law for Nevada on
Q: Failure to protect against bullying.

My daughter was suspended pending expulsion after repeated complaints of bullying & the group of 10 kids finally attacked her & caused bodily harm.

T. Augustus Claus
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answered on Oct 4, 2023

In Nevada, schools are expected to ensure a safe environment for students and address bullying issues. They must have clear rules against bullying and set up teams to handle such situations. Although the law doesn't directly say schools can be held responsible for bullying incidents, there... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Education Law for Nevada on
Q: Were my kids civil rights violated during district wide lockdown? No lunch and everyone had to pee in buckets in class

The threat was called in to local PD regarding the high school. District lockdown all school for several hours. Many students including my kids didn’t get lunch that day. Students had to pee in bucket’s in class while teacher held up a blanket. PD posted on FB they believed it was a hoax. In... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible that the lockdown and lack of provisions for lunch and bathroom breaks during the lockdown could be seen as a violation of students' civil rights. However, whether or not there is a case against the district would depend on a number of factors, including the specific... View More

1 Answer | Asked in Education Law for Nevada on
Q: I am in education. Admin has scheduled an Investigatory Interview with me Friday. Should I have a Lawyer with me?

Last Sunday I drank alcohol too late. I got up for work, normal routine, felt ok and came in. That was the misstep. Apparently, a coworker smelt it on me and reported it to the front office. Two admin and two officers came in escorted me up front while they called a testing company. I test... View More

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

You should have counsel with you. You also should contact an employment lawyer and your union representative as this is more of an employment issue than an educational issue. Do not discuss this with anyone outside of your lawyer.

Q: I need to file an appeal on an administrative hearing decision with the NV State Board of Massage Therapy.

I asked what the process was for an appeal and was told I could appeal using NRS233B.130. What type of lawyer do I need?

Tim Akpinar
Tim Akpinar
answered on May 28, 2022

A Nevada attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys who handle government/administrative law (which you've already chosen), education law, professional license/certificate matters, civil litigation, and probably a few other... View More

1 Answer | Asked in Contracts, Personal Injury, Education Law and Health Care Law for Nevada on
Q: What are my options for if I’m injured at school?

I’m in medical assistant school and one of the other students gave me possible nerve damage at some point during a vein puncture or injection. I went to the doctor after alerting my teacher and the doctor told me my symptoms sounded like nerve damage and to see a specialist if I don’t see... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2021

A Nevada attorney could advise best, but your question remains open for a week. You ask about your options. A starting point could be to try to arrange a consult with an attorney. Most law firms that handle injury cases offer free initial consults. Whether or not an attorney identifies the basis... View More

1 Answer | Asked in Education Law, Criminal Law and Constitutional Law for Nevada on
Q: Hello, In Nevada can you open carry a firearm on public school grounds during the summer when the school is closed?

The high school by my house has a sign allowing people to use the track for exercise and dog walking. I use the track in the summer when schools out. Usually at 11:00pm-1:00am, so I like to have a firearm on me. Is this allowed since the school is closed for several months, and it’s in the... View More

Malcolm P. LaVergne
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answered on Jul 8, 2020

No. See NRS 202.265. This statute does not have an exception for the time of day. The track is part of school property for any Nevada public school I know about. You can face a criminal charge for being on school property with a gun at any time. It's a gross misdemeanor, and you can face up to... View More

1 Answer | Asked in Education Law for Nevada on
Q: Can I sue a Grad school, for what and how much? Can I do it just to get their name out there?

They are hiding from and trying to bury truth.

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Feb 14, 2020

Your question on this forum provides evidence that you may be attempting to file a frivolous lawsuit. More facts are needed and there are numerous Causes of Action that would form the basis of a claim against an educational institution, graduate school or otherwise.

1 Answer | Asked in Immigration Law and Education Law for Nevada on
Q: I’m 16 years old and I can’t find any path to becoming a citizen.

Basically when I was 6 months old my parents brought me to the United States and overstayed their VISAS. Nobody in my direct family is a legal citizen, and I am at a loss for answers. I’m currently going to a CTA highschool and I want to go to university and college, but I have no idea how to go... View More

Kevin L Dixler
Kevin L Dixler
answered on Jan 18, 2020

The question requires legal advice that can take time and should be limited to an appointment, perhaps, a legal opinion.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who will take the time to carefully explain what...
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1 Answer | Asked in Education Law, Family Law, Immigration Law and International Law for Nevada on
Q: My daughter is a U.S citizen with down syndrome. I was born in mexico. I've been in the u.s since i was a baby.

I went to high school and have my GED. I would like to be here legally to continue supporting my daughter. I just dont know where or how to start or where to even go.

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 8, 2016

Depending upon how old you were when you came to the US you may be able to apply for DACA. But the next president of the US has all the power to either continue the DACA program or cancel it. So you need to act quick and apply for DACA as soon as you can. And how old is your daughter?, depending... View More

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