Nevada Code § 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
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1. If a school official has reason to
believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred, the school
official shall immediately report the incident to the board of trustees of the
school district. If the board of trustees of a school district has reason to
believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred, the board of
trustees shall:
(a) If the violation is with respect to an
examination administered pursuant to NRS
390.105 or the college and career readiness assessment administered
pursuant to NRS 390.610 , immediately
report the incident to the Department orally or in writing followed by a
comprehensive written report within 14 school days after the incident occurred;
and
(b) Cause to be commenced an investigation of the
incident. The board of trustees may carry out the requirements of this
paragraph by:
(1) Investigating the incident as it deems
appropriate, including, without limitation, using the powers of subpoena set
forth in this section.
(2) With respect to an examination that is
administered pursuant to NRS 390.105 or
the college and career readiness assessment administered pursuant to NRS 390.610 , requesting that the Department
investigate the incident pursuant to NRS
390.280 .
The fact
that a board of trustees elects initially to carry out its own investigation
pursuant to subparagraph (1) of paragraph (b) does not affect the ability of
the board of trustees to request, at any time, that the Department investigate
the incident as authorized pursuant to subparagraph (2) of paragraph (b).
2. Except as otherwise provided in this
subsection, if the board of trustees of a school district proceeds in
accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of
trustees may issue a subpoena to compel the attendance or testimony of a witness
or the production of any relevant materials, including, without limitation,
books, papers, documents, records, photographs, recordings, reports and
tangible objects. A board of trustees shall not issue a subpoena to compel the
attendance or testimony of a witness or the production of materials unless the
attendance, testimony or production sought to be compelled is related directly
to a violation or an alleged violation of the plan adopted pursuant to NRS 390.275 .
3. If a witness refuses to attend, testify
or produce materials as required by the subpoena, the board of trustees may
report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and
place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the board
of trustees pursuant to this section; and
(c) The witness has failed or refused to attend,
testify or produce materials before the board of trustees as required by the
subpoena, or has refused to answer questions propounded to him or her,
and asking
for an order of the court compelling the witness to attend, testify or produce
materials before the board of trustees.
4. Upon receipt of such a petition, the
court shall enter an order directing the witness to appear before the court at
a time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
witness has not attended, testified or produced materials before the board of
trustees. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the
subpoena was regularly issued by the board of trustees, the court shall enter
an order that the witness appear before the board of trustees at a time and
place fixed in the order and testify or produce materials, and that upon
failure to obey the order the witness must be dealt with as for contempt of
court.

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