Nevada § 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

§ 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

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

pupil's 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.