Section 385B.250 - General requirements; effective period; considerations; request for pupil or team to participate in another classification, league or region1. Except as otherwise provided in NAC 385B.210, the Board shall, not later than February 1, 2024, and every 2 years thereafter, appoint a realignment committee to place each school in a class for each sanctioned sport in which the school participates and align that school in a league or region for the sanctioned sport. The committee may consist of members who are selected by the Board for that purpose, including, without limitation, a principal, assistant principal, athletic director of a school, administrator or one or more representatives from each administrative organization established pursuant to NAC 385B.230. As soon as practicable after the creation of the realignment committee and on or before the date specified by the Board for that purpose, the committee shall consider the requirements for the classification and alignment of each school for each sanctioned sport pursuant to this section and submit to the Board written recommendations for: (a) A timeline, policies and procedures for the next 2-year classification and alignment period; and(b) The classification and alignment of each school for each sanctioned sport.2. As soon as practicable after receiving the written recommendations submitted pursuant to subsection 1, the Board shall conduct a public hearing to consider the written recommendations. The Board shall provide a notice to each school setting forth the date, time and place of the hearing. The approval of the written recommendations must be determined by a majority vote of the Board. A determination of the Board relating to a written recommendation of the realignment committee is final and binding on each school. The classification and alignment of a school for a sanctioned sport approved by the Board pursuant to this section becomes effective on August 1 of the odd-numbered year immediately following the determination.3. The Board shall place each school in Class 1A, Class 2A, Class 3A, Class 4A or Class 5A for each sanctioned sport in which the school participates. A school must be placed in an appropriate class for each sanctioned sport. For the purposes of this subsection, there is a presumption that the appropriate class for a school for a sanctioned sport is:(a) Class 1A, if not more than 170 pupils are enrolled in the school;(b) Class 2A, if not less than 171 but not more than 450 pupils are enrolled in the school;(c) Class 3A, if not less than 451 but not more than 1,300 pupils are enrolled in the school; or(d) Class 4A, if 1,301 or more pupils are enrolled in the school.4. For the purposes of subsection 3, if a school is a charter school or private school, the count of enrollment shall be deemed to be twice the number of pupils reported in the count of enrollment for the charter school or private school.5. The presumption established pursuant to subsection 3 may be overcome if the Board determines that a school is more appropriately placed in another class for the sanctioned sport. In making such a determination, the Board may consider:(a) Any geographic factors relating to the school;(b) The requirements of the school to travel to an interscholastic activity;(c) Any traditional rivalries of the school;(d) Any financial factors relating to any interscholastic activities conducted at or by the school;(e) Any competitive factors relating to the school, including, without limitation, any competitive factors set forth in a rubric approved by the Board; and(f) Whether the school has at least one athletic program for boys and at least one athletic program for girls during the fall season, winter season and spring season of a school year.6. The Board may, after consideration of the written recommendations of the realignment committee: (a) Combine two or more classes into a single class for a sanctioned sport; or(b) Place a school that would otherwise be placed in Class 4A in Class 5A, if the Board, in accordance with the competitive factors considered pursuant to paragraph (e) of subsection 5, determines it necessary to ensure competitive balance in a sanctioned sport.7. Within each class established pursuant to this section, the Board: (a) class consisting of at least two schools in each of those leagues; and(b) May align not less than two regions within the class consisting of at least two leagues in each of those regions.8. When aligning leagues or regions pursuant to subsection 7, the Board shall, after consideration of the written recommendations of the realignment committee: (a) Take into account the considerations set forth in subsection 5; and(b) To the greatest extent practicable, align the leagues or regions in such a manner as to ensure that the greatest number of pupils are able to compete in the sanctioned sport at the most efficient cost.9. If a school believes that a team of the school is unable to participate successfully in a sanctioned sport or that it is in the best interests of the team to participate in the sanctioned sport in a class that is higher or lower than the class of the school for the sanctioned sport or in a league or region that is aligned in a class other than the class of the school for the sanctioned sport, the school may submit a written request to the realignment committee to allow the team, based upon the considerations set forth in subsection 5, to participate in a class, league or region other than the class, league or region in which the school is placed or aligned for the sanctioned sport pursuant to this section. The realignment committee shall consider the written request using the considerations set forth in subsection 5 and submit a recommendation to the Board. The Board shall include each recommendation received pursuant to this subsection on the agenda for the next regularly scheduled meeting of the Board, if the Board receives the recommendation before that meeting or before any other date specified by the Board for the submission of items for that meeting. Each school that submits a written request pursuant to this subsection has the burden of establishing that, if the written request is approved, the participation of the school in another class, league or region for the sanctioned sport will improve the competitive balance among the schools to which the written request applies. To become effective for the next school year, each appeal submitted pursuant to NAC 385B.900 to 385B.924, inclusive, concerning the written request must be heard and a final decision rendered on the appeal at a regularly scheduled meeting of the Board held not later than June 30 of the school year immediately preceding the school year for which the Board approves a written recommendation relating to the written request. Any recommendation that the Board approves pursuant to this subsection: (a) Is subject to any term or condition specified by the Board for the recommendation, including, but not limited to, the year or season in which the placement of a school into another class, league or region pursuant to this section will begin; and(b) Is a final decision and binding on each school to which the recommendation applies.Nev. Admin. Code § 385B.250
(Added to NAC by Nev. Interscholastic Activities Ass'n by R206-03, eff. 11-2-2004; A by R105-06, 9-18-2007; R207-08, 5-5-2011; R173-12, 2-26-2014; R060-15 & R029-16, 6-28-2016) - (Substituted in revision for NAC 386.667); A by R019-23A, eff. 2/13/2024