1. Each elementary or secondary educational institution desiring to operate in this State must apply to the Superintendent upon forms provided by the Department. The application must be accompanied by the catalog or brochure published or proposed to be published by the institution. The application must also be accompanied by:

(a) Evidence of the required surety bond or certificate of deposit and payment of the fees required by law; and

(b) Documentation of the actions the institution has taken to comply with the requirements prescribed in NRS 394.16065, 394.1607 and 394.16075.

2. After review of the application and any further information required by the Superintendent, and an investigation of the applicant if necessary, the Board shall either grant or deny a license to operate to the applicant. The Board must deny a license to operate to an applicant who does not provide the documentation required by paragraph (b) of subsection 1.

3. The license must state in a clear and conspicuous manner at least the following information:

(a) The date of issuance, effective date and term of the license.

(b) The correct name and address of the institution licensed to operate.

(c) The authority for approval and conditions of operation.

(d) Any limitation of the authorization, as considered necessary by the Board.

4. Except as otherwise provided in this subsection, the term for which authorization is given must not exceed 2 years. A provisional license may be issued for a shorter period of time if the Board finds that the applicant has not fully complied with the standards established by NRS 394.241. Authorization may be given for a term of not more than 4 years if:

(a) The institution has been licensed to operate for not less than 4 years preceding the authorization; and

(b) The institution has operated during that period without the filing of a verified complaint against it and without violating any provision of NRS 394.201 to 394.351, inclusive, or any regulation adopted pursuant to those sections.

5. The license must be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institution’s license terminates. Application for a new license because of a change in ownership of the institution is, for purposes of NRS 394.281, an application for renewal of the institution’s license.

6. At least 60 days before the expiration of a license, the institution must complete and file with the Superintendent an application form for renewal of its license. The renewal application must:

(a) Be reviewed and acted upon as provided in this section; and

(b) Include documentation of the actions the institution has taken to comply with the requirements prescribed in NRS 394.16065, 394.1607 and 394.16075.

7. An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the Board, and thereafter its authority to operate is governed by the action of the Board.

(Added to NRS by 1975, 1503; A 1979, 1623; 1991, 975; 2017, 3982)