Implied assumption of the risk does not apply when a student is required to participate in a physical education class because the doctrine’s “voluntariness” element is not satisfied. Discretionary-function immunity does not apply when cases allege inadequate supervision or instruction because such decisions, while discretionary, are not policy-based, as the discretionary-immunity test requires. Decisions are not entitled to discretionary-function immunity unless they entail governmental planning or policy formulation, which involves economic, social, and political considerations.
Orozco, Alma, "Clark Cty. Sch. Dist. v. Payo, 133 Nev. Adv. Op. 79 (Oct. 26, 2017)" (2017). Nevada Supreme Court Summaries. 1098.