Nevada Code § 388.13535

Deferral of required investigation of discrimination based on race, bullying or cyber-bullying; actions by administrator or designee if investigation is deferred; exemption from certain requirements if violation committed by certain pupils
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1. If a law enforcement agency is
investigating a potential crime involving an alleged violation of NRS 388.135 , the administrator or his or
her designee may, after providing the notification required by paragraph (a) of
subsection 3 of NRS 388.1351 , defer the
investigation required by that section until the completion of the criminal
investigation by the law enforcement agency. If the administrator or his or her
designee defers an investigation pursuant to this subsection, the administrator
or designee shall:
(a) Immediately develop and carry out a plan to
protect the safety of each pupil directly involved in the alleged violation of NRS 388.135 ; and
(b) To the extent that the law enforcement agency
has provided the administrator or designee with information about the projected
date for completion of its investigation, provide the parents or guardians of
each pupil directly involved in the alleged violation of NRS 388.135 with that information.
2. Except as otherwise provided in this
section, the deferral authorized by subsection 1 does not affect the
obligations of the administrator or designee pursuant to NRS 388.121 to 388.1395 , inclusive.
3. Any plan developed pursuant to
subsection 1 must be carried out in a manner that causes the least possible
disruption for the reported victim or victims of discrimination based on race,
bullying or cyber-bullying. When necessary, the administrator or his or her
designee shall give priority to protecting the reported victim or victims over
any interest of the reported perpetrator or perpetrators when determining how
to carry out the plan.
4. If the administrator or designee
determines that a violation of NRS 388.135 was caused by the disability of the pupil who committed the violation:
(a) The provisions of NRS 388.1351 do not apply to the same or
similar behavior if the behavior is addressed in the pupils individualized
education program; and
(b) The administrator or designee shall take any
measures necessary to protect the safety of the victim of the violation.
5. The provisions of NRS 388.1351 do not apply to a violation
of NRS 388.135 committed by:
(a) A pupil who is enrolled in prekindergarten if
the behavior is addressed through measures intended to modify the behavior of
the pupil.
(b) An employee of a school or school district
against another employee of a school or school district.
(c) An adult who is not a pupil or employee of a
school or school district against another such adult.

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