AB 262 — Revises provisions governing education. (BDR 34-946)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 19, 2021) FIRST REPRINT A.B.

262262–Assemblymen AAnderson, SSEMBLYDuran, BILLPeters, NBrittney O.Miller, Watts;

262–ABilbray-Axelrod, SSEMBLYMENBrown-May, ACohen, NDERSONConsidine, ,Flores, DURANGonzález, ,Gorelow, PETERS,Martinez, BRITTNEYMarzola, MO’Neill, ILLER,Orentlicher, WThomas ATTSand ;Torres Joint Sponsors:

BILBRAY-ASenators XELRODBrooks ,and BROWNLange -MAYCHAPTER.......... , COHEN , C ONSIDINE, F LORES, G ONZÁLEZ , GORELOW , MARTINEZ , MARZOLA , O’NEILL, ORENTLICHER , THOMAS AND T ORRES M ARCH 15, 2021 ____________ JOINT SPONSORS :

ENATORS BROOKS AND L ANGE ____________ Referred to Committee on Education SUMMARY—Revises provisions governing education.

(BDR 34-946) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

prohibiting the Board of Regents of the University of Nevada from assessing tuitionregistration chargesfees, certain fees associated with course enrollment and laboratory fees against certain students;

prohibiting the Board of Regents from assessing registration fees, fees associated with course enrollment and laboratory fees against certain students;

LegislativeLegSection Counsel’s1.2 Digest:of this bill requires the Board of Regents of the University of Nevada to grant a waiver of registration fees, per-credit fees or other fees associated with course enrollment and laboratory fees for a Native American student who demonstrates that the student:

Existing(1) lawis prohibitsa themember Board of Regentsa offederally therecognized UniversityIndian oftribe Nevadaor fromnation, assessingall tuitionor chargespart againstof certainwhich students,is including,located withoutin limitation,this monthsState, beforeor thewho studentof matriculatesIndian atAffairs as being a university,descendant stateof collegean enrolled member of the tribe or community2Bureau college.nation, regardless of membership status;

(NRS(2) 396.540)is Sectioneligible 1.5for ofenrollment thisin bill prohibits the Board of Regents from assessing tuition charges against students who are members of a federallyschool recognizedwithin Indian tribe or nation or are certified by such a tribe or nation or by the BureauNevada ofSystem Indian Affairs as being a descendant of anHigher enrolledEducation; member of the tribe or nation, regardless of membership status, and who are not bona fide residents of thiSection 1 of this bill requires the Board of Regents to grant a waiver of registration fees, per-credit fees or other fees associated with course enrollment and laboratory fees for a Native American student who demonstrates that the student:

- *AB262_R1* – 2 – (1) is a member of a federally recognized tribe or nation, or who is certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs membership status;

(2) is eligible for enrollment in a school within the Nevadaof System of Higher Education;

and (4) has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester, or the equivalent of a 2.0 grade point average if a different scaleSection is1.4 used.of this bill requires the Board of Regents to prepare and submit anid.

annual report to the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature concerning the number of students eligible and the total funding available for such a waiver.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Chapter 396 of NRS is hereby amended by adding thereto athe newprovisions sectionset toforth read as follows:sections 1.2 and 1.4 of this act.

Sec.

1.2.

(a) Is a member of a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State, or who is certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a - 81st Session (2021) – 2 – descendant of an enrolled member of such a tribe or nation, all or part of which is located within the boundaries of this State, regardless of membership status;

(c)(d) Has beenmaintained at least a resident2.0 grade point average, on a 4.0 scale, each semester or the equivalent of thisa State2.0 forgrade notpoint lessaverage thanif 1a year;different scale is used;

and (d)(e) Has maintainedcompleted at least a 2.0 grade point average on a 4.0 scale, each semester or the equivalentFree ofApplication afor 2.0Federal gradeStudent pointAid averageprovided iffor aby different20 scaleU.S.C. is used.

§ 1090.

- *AB262_R1* – 3 – 4.

For the purpose of assessing fees and charges against a person to whom such a waiver is granted, the person shall be deemeddee5.d totThe beBoard of Regents may request documentation confirming that the student is a bonamember fideor residentdescendant of a member of a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State.

5.

The Board of Regents may request documentation confirming that the student is a member or descendant of a member of a federally recognized tribe.

1.5.1.4.

NRSThe 396.540Board isof herebyRegents amendedshall, on or before September 1 of each calendar year, prepare and submit a report to readthe asDirector follows:of the Legislative Counsel Bureau for transmittal to the Nevada Legislature that includes, without limitation, aggregated data for:

396.540 1.

ForThe thenumber purposesof students that qualify for a waiver of registration fees, laboratory fees and any other mandatory fees pursuant to section 1.2 of this section:act.

(a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute.

The qualification “bona fide” is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.