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School board authority in Nevada

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• Overview of trends in K-12 curricula development • Impact of school choice on rural school districts • Local school board authority across the 50 states • State policies on cellphone use in K-12 public schools • School choice in the United States • School choice glossary
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Nevada state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Nevada law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.
Types of legal and contractual constraints on school board authority
This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.
There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.
- State laws commonly restrict or mandate school board policies on certain topics.
- Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
- State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
- Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
- The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
- Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
- State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.
This page features the following sections:
- Nevada law on school boards' authority over district policy. This section features the statutes in Nevada law that establish, enable, or define local school district boards.
- Constraints on Nevada school boards' authority. This section provides an overview of constraints on the school boards' authority in Nevada. It contains information on the constraints by the following topics:
- Collective bargaining agreements
- Parents' bill of rights
- How does Nevada compare to other states?
- Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Nevada.
School board authority over district policy in Nevada
Enabling or authorizing statute for the boards of school districts in Nevada
- See also: Enabling statute
Nevada Statute 386.010 creates school district boards and gives them authority to operate according to state law:[1]
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Nevada school boards' powers and duties
Nevada public school boards of directors are given broad authority to administer the public schools in Nevada. The statute that grants powers and duties to the school district boards appears in Nevada Statutes 386.350 and is as follows:[3]
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Constraints on Nevada school boards' authority
This section tracks constraints on school boards specific to Nevada as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.
Constraint on Nevada school boards' authority by topic
This section features constraints on Nevada school boards' authority on policies related to the following topics:
Curriculum requirements
Nevada requires the following specific topics to be included in each district's curriculum:[4][5]
- American history,
- government,
- Native history and humanities,
- LGBTQ history and humanities,
- persons with disabilities history and humanities,
- immigrant history and humanities,
- people of color history and humanities,
- personal safety of children,
- computer education,
- technology,
- financial literacy,
- reproductive health and responsibility, and
- education about STDs.
Curriculum restrictions
Ballotpedia could not identify any curricular content prohibited by state statutes, regulations, case law, or collective bargaining agreements.
Book bans, removals, and restrictions
Though Nevada statutes don't clearly authorize school boards to remove books from school libraries, they do have the authority to choose books for school libraries, subject to State Board of Education approval.[7]
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Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[8][9][10]
Parental notification
Nevada requires parental notification in the following circumstances:[12][4][13]
- the board has decided to change the location of a school,
- a school is being closed or the school building is being repurposed,
- students are being offered instruction in HIV, human reproduction, other STDs, and sexual responsibility, or
- the parent's student qualifies for advanced placement.
If a parent does not give written consent to allow their child to receive instruction in HIV, human reproduction, other STDs, and sexual responsibility, their student must be excused from the course without penalty.
Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[14]
Discipline
Nevada is one of 47 states that gives school boards authority over district disciplinary policy.
The text of Nevada Statutes 386.350 is as follows:[3]
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School board elections
- See also: Rules governing school board election dates and timing in Nevada, How does Nevada compare to other states on school board authority over election timing?
Nevada is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.
Click here to read about the laws governing school board elections in Nevada.
Public school choice and open enrollment
- See also: School choice in Nevada
School districts in Nevada are permitted to pay for transportation and tuition costs of residents of the district to attend school in an adjoining district. Districts are also permitted to admit pupils from adjoining districts. Districts are required to admit students from Native American reservations to the school nearest their residence and to admit pupils from schools that have been defined by State Board policy as persistently dangerous:[16]
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Charter schools
- See also: Charter schools in Nevada, How does Nevada compare to other states on school board authority over charter schools?
Nevada is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
Nevada school boards can receive and approve applications from proposed charter schools. They are not the only entities with the authority to approve these applications in Nevada. Colleges and universities within the Nevada System of Higher Education, cities, and counties can also approve charter applications. School boards are authorized to object to proposals for charter schools in their districts that were submitted to a different approval authority.[17][18]
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Cellphone bans
Nevada is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.
Governor Joe Lombardo (R) signed Senate Bill 444 on May 28, 2025, requiring school district boards in Nevada to adopt policies limiting electronic communication device use during instruction in K-12 schools. The bill establishes exemptions to the cellphone use restrictions, including in cases of emergency, if teachers allow cellphone use for instructional purposes, and if use of an electronic communication device is included in an individualized education program.[19]
Collective bargaining agreements
Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.
CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[20][21]
Nevada school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.
For example, the agreement between the Carson City School District and the Ormsby County Education Association guarantees teachers instructional discretion and allows them to use supplemental materials.[22]
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Parents' bill of rights
Nevada is one of 26 states that has a Parents' Bill of Rights.
The statutes hold that parents have the right to the care, custody, and management of their child, the right to direct their child's education, and other provisions. The text is as follows:[23][24]
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How does Nevada compare to other states?
This section compares Nevada's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.
Book bans, removals, and restrictions
Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:
- Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
- Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
- Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
- Five states require school boards to establish local boards to review challenges to library books.
- Two states require school boards to allow parents to view a catalogue of books.
Some states have adopted multiple types of these policies.
Discipline
- School boards in 47 states have authority over disciplinary policy in their district.
- School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
- Individual schools in one state create their own disciplinary policy.
School board elections
School boards' authority over the timing of school board elections varies by state.
- School boards in 42 states do not have authority over election timing;
- School boards in five states can choose from limited options when to hold school board elections;
- School boards in two states can choose from a date range when to hold school board elections;
- The school board in Hawaii is not elected.
The map below shows the types of authority school boards in the states have to determine the timing of school board elections.
Charter schools
- See also: Charter schools in the United States
Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.
- 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
- 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
- 3 states do not have laws governing charter school authorization.
- 1 state allows school districts to apply to the state board of education to be a charter school district.
State cellphone laws
In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[25]
Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.
Parents' Bill of Rights
- See also: Parents' Bill of Rights in education
If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.
- 26 states have enacted a statewide Parents' Bill of Rights
- 24 states have not enacted a Parents' Bill of Rights.
Noteworthy events
- Nevada adopts cellphone ban in K-12 classrooms (2025): Governor Joe Lombardo (R) signed Senate Bill 444 on May 28, 2025, requiring school district boards in Nevada to adopt policies limiting electronic communication device use during instruction in K-12 schools. The bill establishes exemptions to the cellphone use restrictions, including in cases of emergency, if teachers allow cellphone use for instructional purposes, and if use of an electronic communication device is included in an individualized education program.[26]
- The Nevada Department of Education develops AI policy (2024): The Nevada Department of Education held a series of town hall meetings during March and May 2024 to receive input for what the department described as an ethical statement on AI for K-12 instruction. Jhone Ebert, the Nevada superintendent of public instruction, stated, “[t]his set of policies will provide the guardrails that guide how AI is treated within schools across our state.” The new policy was expected by late June.[27]
- Coalition of attorneys general files amicus brief in support of incorporating LGBTQ+ books in curriculum (2023): A coalition of 19 attorneys general filed an amicus brief on October 31, 2023, in support of Maryland's Montgomery County Board of Education’s policy to allow LGBTQ+ books to be incorporated into the curriculum. Montgomery County Public Schools faced legal challenges from a group of parents after implementing a policy in the 2022-2023 school year to incorporate LGBTQ+ books into their curriculum. The coalition included attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.[28]
See also
- Local school board authority across the 50 states
- K-12 curriculum authority, requirements, and statutes in the states
- State policies on cellphone use in K-12 public schools
- Rules governing school board election dates and timing
- Charter schools
- School choice
- Parents' Bill of Rights in education
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Footnotes
- ↑ State Legislature of Nevada, "NRS 386.010," March 21, 2025
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 Nevada State Legislature, "NRS 386.350 General powers; exceptions." March 15, 2025
- ↑ 4.0 4.1 Justia Law, "NV Rev Stat § 389.036 (2024)," March 15, 2025
- ↑ Case Text, "Required Instruction: NRS 389.054, 389.057, 389.061, 389.064, 389.072, 389.074, 389.077," March 15, 2025
- ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
- ↑ Nevada State Legislature, "NRS 393.170 Library books, textbooks and other school supplies: Purchase; payment for damage; ownership; penalty." March 15, 2025
- ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
- ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
- ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
- ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
- ↑ Nevada State Legislature, "NRS 393.080 General powers of board of trustees; notice required to close school or change location or use of school." March 15, 2025
- ↑ Nevada State Legislature, " NRS 389.0095," March 21, 2025
- ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
- ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
- ↑ Nevada State Legislature, "NRS 392.010, 392.015, 392.017," March 15, 2025
- ↑ Nevada State Legislature, "NRS 388A.252," March 15, 2025
- ↑ Legiscan, "Nevada Senate Bill 460," accessed June 18, 2025
- ↑ Legiscan, "NV SB444," accessed June 4, 2025
- ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
- ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
- ↑ Nevada Department of Business and Industry Government Employee-Management Relations Board, "COMPREHENSIVE AGREEMENT BETWEEN THE CARSON CITY SCHOOL DISTRICT AND THE ORMSBY COUNTY EDUCATION ASSOCIATION 2023-2025," March 15, 2025
- ↑ Nevada Public Law, "NRS 126.036 Liberty interest of parent in care, custody and management of parent’s child is fundamental right." March 15, 2025
- ↑ Justia Law, "NV Rev Stat § 388D.010 (2022)," March 15, 2025
- ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
- ↑ Legiscan, "NV SB444," accessed June 4, 2025
- ↑ ‘’Govtech.com’’, “Nevada Department of Education Forges K-12 AI Policy,” accessed Mar 29,2024
- ↑ Rob Bonta Attorney General, "Attorney General Bonta Joins Multistate Coalition in Effort to Support Curriculum Inclusivity for Transgender Students," October 31, 2023