Nevada Code § 391.272

School employee immune from liability for good faith intervention in certain incidents posing risks to safety; required reporting of intervention; record of reports
Open in Lexace · Ask the AI about this section
1. A school employee is immune from both
criminal and civil liability for actions taken in good faith to intervene in
physical altercations, fights or other incidents that pose an imminent risk to
the safety of pupils, other school employees and persons in proximity to the
altercation, fight or incident, provided that:
(a) The school employee is acting within the
course and scope of his or her employment and within the course and scope of
his or her role in maintaining order, discipline or the safety of pupils;
(b) The actions of the school employee are
consistent with federal, state and local laws and the policies of the school
district employing the school employee or the school at which the school
employee is employed relating to the maintenance of safety and discipline; and
(c) Any harm caused by the intervention was not
the result of:
(1) Willful or intentional misconduct;
(2) Gross negligence;
(3) Reckless misconduct; or
(4) A conscious, flagrant indifference to
the rights or safety of the person harmed.
2. If any school employee intervenes in a
fight or altercation involving a pupil, the school employee shall report the
incident to school administration as soon as practicable and in accordance with
the policies and protocols established by the school district employing the
school employee or the school at which the school employee is employed.
3. Each school or school district shall maintain
a record of reports received pursuant to subsection 2 and use the records only
to assess the need for additional training, support or policy adjustments to
improve school safety practices.
4. As used in this section:
(a) Intervene or intervention means taking
any physical or verbal action to prevent, separate or otherwise manage pupils
in a manner designed to avoid imminent harm to pupils, school employees or
others in proximity to the area in which such actions are taken.
(b) School employee means a licensed or
unlicensed person who is employed by:
(1) A board of trustees of a school
district pursuant to NRS 391.100 or 391.281 ; or
(2) The governing body of a charter
school.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.