AB 54 — Makes various changes relating to education. (BDR 34-283)

- 82nd Session (2023) – 4 – 6.

“Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.

“School counselor” or “counselor” means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school counselor issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of 10.Public Instruction to serve as a school counselor.

10.

“School social worker” or “social worker” means a social worker licensed pursuant to chapter 641B of NRS who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school social worker issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school social worker.worker.ndent of Public 12.

- *AB54_R1* – 5 – 12.

§§ 1751 et seq., including, without limitation:

and (b)- [The82nd percentageSession (2023) – 5 – price breakfasts;ntage of pupils who receive free and reduced- price(c)] breakfasts;The number and percentage of pupils who are eligible for free or reduced-price [lunches;

(c)] The number and percentage of pupils who are eligible for free or reduced-price [lunches;

(f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collectedcollec(1) inRetention therates; following areas:

(1)areas: Retention rates;

- *AB54_R1* – 6 – Sec.

387.1225the 1.Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the [Department] school district or charter school in which a child is enrolled for the cost of providing educational services to [a] the child [who:] if:

A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the [Department] school district or charter school in which a child is enrolled for the cost of providing educational services to [a] the child [who:] if:

and (b)- [Attends]82nd Session (2023) – 6 – school days.s] The child attends the private school for more than 72. school days.

2.

(1) Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is notnot[(c)] available(2) inAttends thisthe State;accredited educational program for more than 7 school days;

[(c)] (2) Attends the accredited educational program for more than 7 school days;

- *AB54_R1* – 7 – (a) Notify the Department and the school district or charter school in which the child is enrolled upon admitting the child to the accredited educational program;

and (b) Transfer any educational records of the child to the school district or charter school in which the child is enrolled in accordance withwit4.anyUpon anyreceiving applicablea regulationsrequest adoptedfor reimbursement pursuant to subsection 9.

4.subsection 1 or 2, the [Department] school district or charter school in which the child is enrolled shall determine the amount of reimbursement to which the hospital or facility is entitled [as a percentage] by multiplying the number of days determined pursuant to subsection 6 by the following, as applicable:

Upon receiving a request for reimbursement pursuant to subsection 1 or 2, the [Department] school district or charter school in which the child is enrolled shall determine the amount of reimbursement to which the hospital or facility is entitled [as a percentage] by multiplying the number of days determined pursuant to subsection 6 by the following, as applicable:

[or] The daily rate of the adjusted base per pupil funding for the school - 82nd Session (2023) – 7 – district which the child would otherwise attend must be calculated by dividing the adjusted base per pupil funding provided to the school district in which the child is enrolled pursuant to NRS 387.1214 by 180.

(b) The daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, for the charter school which the child would otherwise attend .

The Department shall distribute the money withheld from the school districtdis6.ictFor the purposes of subsections 4 and 5, the amount of reimbursement to which the hospital or charterfacility is entitled must be calculated on the basis of the number of school todays the child is a patient or resident of the hospital or facility.facility and attends the private school or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 or subparagraph (2) of paragraph [(c)] (b) of subsection 2, as applicable .

6.

For the purposes of subsections 4 and 5, the amount of reimbursement to which the hospital or facility is entitled must be - *AB54_R1* – 8 – calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 or subparagraph (2) of paragraph [(c)] (b) of subsection 2, as applicable .

If a hospital or other facility requests reimbursement from [the Department] a school district or charter school for the cost of providing- educational82nd servicesSession to(2023) a– pupil8 with– a disability pursuant to subsection 1 or 2, the school district or charter school in which the child is enrolled shall be deemed to be the local educational agency for the child for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.

The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the - *AB54_R1* – 9 – school district, including, without limitation, a program of distance education provided by the school district, pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, pupils who are enrolled in a university school for profoundly gifted pupils located in the county and pupils who are enrolled in a challenge school located in the county, for:

(c)- Pupils82nd notSession included(2023) under– paragraph9 (a)– or (b) who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.

(h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who(i) Pupils who are includedenrolled in paragraphsa (d),challenge (f)school. and (g).

(i) Pupils who are enrolled in a challenge school.

Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent - *AB54_R1* – 10 – of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.

- 82nd Session (2023) – 10 – (b) The program of distance education in which the pupil wishes to enroll is offered by the school district in which the pupil resides or a charter school or, if the program of distance education in which the pupil wishes to enroll is a full-time program of distance education offered by a school district other than the school district in which the pupil resides, the program is not the same or substantially in similar to a program of distance education offered by the school district in which the pupil resides;

A child who is exempt from compulsory enrollment and attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or [otherwise] attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.

A pupil who is enrolled in grade 12 in a program of distance education and who moves out of this State is eligible to maintain enrollment in the program of distance education until the pupil graduatesgraSec. from high school.

Sec.7.froNRS 388A.366 is hereby amended to read as follows:

7.

NRS 388A.366 is hereby amended to read as follows:

- *AB54_R1* – 11 – (c) Refrain from charging tuition or fees, except for tuition or fees that the board of trustees of a school district is authorized to charge, levying taxes or issuing bonds.

(f)- Except82nd asSession otherwise(2023) provided– in11 this– paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.

(g) Cooperate with the board of trustees of the school district in the administration of the examinations administered pursuant to NRS 390.105 and, if the charter school enrolls pupils at a high school grade level, the college and career readiness assessment administeredenrolled pursuantin tothe NRScharter 390.610school.0.610 to the pupils who are enrolled(h) inComply with applicable statutes and regulations governing the charterachievement school.and proficiency of pupils in this State.

(h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this State.

(j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at theenrollment charterin school,those complygrades.with with NRS 392.040 regarding the ages for enrollment(k) inRefrain thosefrom grades.using public money to purchase real property or buildings without the approval of the sponsor.

(k)(l) RefrainHold fromharmless, usingindemnify publicand moneydefend tothe purchasesponsor realof propertythe charter school against any claim or buildingsliability withoutarising from an act or omission by the approvalgoverning body of the sponsor.charter school or an employee or officer of the charter school.

-An *AB54_R1*action –at 12law –may (l)not Holdbe harmless,maintained indemnifyagainst and defend the sponsor of thea charter school againstfor any claimcause or- liability82nd arisingSession from(2023) an– act12 or– omissioninsurance.for bywhich the governingcharter bodyschool has obtained liability (m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school orof anwhether employeethe orcharter officerschool ofis accredited by the charterNorthwest school.Accreditation Commission.

An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.

(m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Northwest Accreditation Commission.

Asascribed usedto it in thisNRS subsection,388.826.istance “distance education” has the meaning ascribedSec. to it in NRS 388.826.

Sec.

The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information aboutthe allDepartment.es sources of funding for the public schools provided through the3. Department.

3.

The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board - *AB54_R1* – 13 – for additional money to pay for services which the governing body wishes to offer.

- 82nd Session (2023) – 13 – 4.

The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools.

All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school districtother mustfinancial beinstitution deposited in anthis accountState.ith with a bank, credit union or other4. financial institution in this State.

4.

The count of pupils who are enrolled in a university school for profoundly gifted pupils must be - *AB54_R1*82nd Session (2023) – 14 – revised each quarter based upon the average daily enrollment of pupils in the university school reported for the preceding quarter pursuant to subsection 1 of NRS 387.1223.

Pursuant to NRS 387.1242, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year ofofhe operation be paid to the university school 30 days before the apportionments are otherwise required to be made.

The form must not require any information or assurances that are not otherwise requiredtrustees of each school district shall, in a timely manner, make only the form developed by thisthe sectionDepartment oravailable otherto specificparents statute.who wish to homeschool their child.

The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later - 82nd Session (2023) – 15 – than 30 days after the change, file a new notice of intent to - *AB54_R1* – 15 – homeschool with the superintendent of schools of the school district in which the child resides.

A notice of intent to homeschool must include only the following:fol(a) The full name, age and gender of the child;

(a) The full name, age and gender of the child;

Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.notice.l 7.

7.

388D.200 [1.] Except as otherwise provided in this [subsection,] section, if a child is exempt from compulsory enrollment and attendance pursuant to NRS 392.070 [or 392.110,] and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days,- or82nd itsSession equivalent(2023) if– the16 child– resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion - *AB54_R1* – 16 – picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week.

If such a child is exempt from compulsory attendance pursuant to NRS 392.110, the tutoring or other educational or instructional services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.] Sec.

(a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionmentspursuant andto allowancesNRS from387.121 theto State387.12468, Educationinclusive.cation Fund pursuant(b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to NRSprovide 387.121transportation for the pupil to 387.12468,attend inclusive.the public school.

(b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.

- 82nd Session (2023) – 17 – Sec.

Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall enroll the child in a public school and send the child to [a] the public school for the full school day during all the time the - *AB54_R1* – 17 – public school is in session in the school district in which the child resides unless the child has graduated from high school.

Except as otherwise provided in subsection 4, a child who is 6 years of age on or before the first day of a school year must:

The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before the first day of a school year may elect for the child not to enroll in and attend kindergarten or the firstfirstlect grade during that year.

If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document- containing82nd aSession copy(2023) of– that18 policy– and a copy of the policy of the school district concerning the withdrawal of pupils fromfromicy kindergarten or first grade.

Before the child’s first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging or acknowledge via registration on an Internet website maintained by the school district that he or she has read and understands the policy concerning attendance , the child understands the policy - *AB54_R1* – 18 – concerning attendance and the parent or legal guardian, as applicable, has read and understands the policy concerning withdrawal of pupils from kindergarten or first grade.

A pupil who receives services outside of a public school,school including, without limitation, services pursuant to an individualized education program,program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, or some other similar agreement with the public school, shall be deemed to be in attendance atatct the public school and in compliance with the requirements for attendance set forth in this section during the time the pupil is receiving the services and is being transported to and from the public school to receive those services.

(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child’s enrollment and attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection [7] 8 to determine whether the child is prepared developmentally to be admitted to the first grade.

- 82nd Session (2023) – 19 – (a) Who is 7 years of age on or before the first day of the next school year;

and (b) Whose parents waived the child’s enrollment and attendance from kindergarten pursuant to subsection 4,  to determine whether the child is prepared developmentally to be admitted to the first grade.

The results of the test must be mademadee available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.

- *AB54_R1* – 19 – [8.] 9.

(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;

board of trustees of a (b) A kindergarten established by the governing body of a charter school;

- 82nd Session (2023) – 20 – 1.

The child is enrolled in a private school pursuant to chapter 394 of NRS;

A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendentresides ofin schoolsaccordance ofwith theNRS school388D.020.district district in which the child residesSec. in accordance with NRS 388D.020.

Sec.

Except as otherwise provided in subsection 2, enrollment and attendance required by the provisions of NRS 392.040 must be - *AB54_R1* – 20 – excused if a child has obtained permission to take the high school equivalency assessment pursuant to NRS 390.055.

(a) A minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the nextnex(b) higherThe grade.circumstances under which a pupil will be considered chronically absent by the Department.

(b) The circumstances under which a pupil will be considered chronically absent by the Department.

Except as otherwise provided in subsection 5, before] Before a pupil is denied credit or promotion to the next higher grade for- failure82nd toSession comply(2023) with– the21 attendance– requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principal’s designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil.

After the review, the principal or the - *AB54_R1* – 21 – principal’s designee shall credit towards the required days of attendance each day of absence for which:

and (b)4.] Thewith documentation that the pupil has completedcomplied course-workwith requirements.the attendance requirements prescribed pursuant to subsection 1 by attending school, either in person or through an alternative program of education or a program of distance education approved by the Department.

4.] with documentation that the pupil has complied with the attendance requirements prescribed pursuant to subsection 1 by attending school, either in person or through an alternative program of education or a program of distance education approved by the Department.

The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1.

(c)- The82nd procedureSession for(2023) review– of22 absences– set forth in subsection 3 does not apply to days on which the pupil is absent because thetheon pupil is physically or mentally unable to attend school.

-(a) *AB54_R1*One –probation 22officer –in (a)the county who works on cases relating to juveniles, appointed by the judge or judges of the juv(b) One probationrepresentative officerof a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;

(g) One deputy sheriff in the county, appointed by the sheriff of the(h) One representative of the county;agency which provides child welfare services, as defined in NRS 432B.030.

and (h) One representative of the agency which provides child welfare services, as defined in NRS 432B.030.

- 82nd Session (2023) – 23 – 4.

Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

Upon the request of a parent or legal guardian of a pupil, made during the absence or within the 3 days immediately preceding or the 3 days immediately following the requested absence, a teacher or principal [shall] may give his or her written approval for [a] the pupil to be absent if an emergency exists [or - *AB54_R1* – 23 – upon the request of a parent or legal guardian of the pupil.] , including, without limitation, a medical emergency concerning a member of his or her family, compliance with a court order, a funeral or similar event of grieving, a family emergency, temporary homelessness and a religious observance.

Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.principal.urs, the [2.] 4.

[2.] 4.

In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written or electronic notice of truancy to the parent, - 82nd Session (2023) – 24 – legal guardian or other person having control or charge of the child.

The written or electronic notice must inform the parents or legal guardiangua[5.] of7.f suchExcept absencesas inotherwise aprovided formin specifiedsubsection by2 theof Department.NRS.

[5.]392.122, 7.all approved and unapproved absences must be counted for the purpose of determining whether a pupil is chronically absent.

Except as otherwise provided in subsection 2 of NRS 392.122, all approved and unapproved absences must be counted for the purpose of determining whether a pupil is chronically absent.

- *AB54_R1* – 24 – 9.

Any child who has been declared a truant three or moretruant.mes times within one school year must be declared a habitual truant.2.

2.

- 82nd Session (2023) – 25 – 392.141 The provisions of NRS 392.144 to 392.148, inclusive, apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

22.

NRS 392.141 is hereby amended to read as follows:

392.141 The provisions of NRS 392.144 to 392.148, inclusive, apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.

Sec.

(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS(b) If the parent or legal guardian of a pupil has signed a written or electronic consent pursuant to subsection 4, submit a written or electronic referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.149;392.146;

(b) If the parent or legal(c) guardianRefer of a pupil has signed a written or electronic consent pursuant to subsection 4, submit a written or electronic referral of the pupil tofor the advisoryimposition boardof toadministrative reviewsanctions school attendance in the county in accordance with NRS 392.146;392.148.

or - *AB54_R1* – 25 – (c) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

4.submit a written or electronic referral of a pupil to the advisoryn to board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written or electronic consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147.

If the principal of a school makes an initial determination to submit a written or electronic referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written or electronic consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147.

- 82nd Session (2023) – 26 – Part 99.

(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency pursuant to paragraph (a)(a)(b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2;2.

or (b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

- *AB54_R1* – 26 – Sec.

If an advisory board to review school attendance receives a written or electronic referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing.

or (b)- Refer82nd theSession pupil(2023) for– the27 imposition– of administrative sanctions in accordance with NRS 392.148.392.148.imposition of administrative sanctions 3.

3.

(a) Sets forth the findings of the advisory board;

and (c) Adequately informs the pupil and the pupil’s parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written or electronic agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or the - *AB54_R1* – 27 – appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.

 The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forthfor4. in the written or electronic agreement.

4.

(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the - 82nd Session (2023) – 28 – pupil to participate in programs and services available in the community;

or (d) The pupil or the pupil’s parents or legal guardian violates the terms of the written or electronic agreement entered into pursuant totoe subsection 3.

If the parents or legal guardian of a pupil enter into a written or electronic agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a - *AB54_R1* – 28 – determination made by the advisory board concerning the contentscontentsict a of the written or electronic agreement.

Sec.- 82nd Session (2023) – 29 – 392.148 1.RS 392Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written or electronic notice of the hearing to the parent or legal guardian of the pupil.

26.

NRS 392.148 is hereby amended to read as follows:

392.148 1.

Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written or electronic notice of the hearing to the parent or legal guardian of the pupil.

(1) Immediately following the date of the order if the pupil is eligible to apply for a driver’s license;

or the order if the pupil is (2) After the date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

- *AB54_R1* – 29 – (1) The date of the order if the pupil is eligible to apply for a driver’s license;

or (2) The date the pupil becomes eligible to apply for a driver’s licenselic2.se ifIf thea pupil isapplies not eligible to apply for a driver’s license.license, the Department of.

2.Motor Vehicles shall:

If a pupil applies for a driver’s license, the Department of Motor Vehicles shall:

If an order is issued pursuant to this section delaying the ability of the pupil to receive a driver’s license, a copy of the order must- be82nd forwardedSession to(2023) the– Department30 of– Motor Vehicles not later than 5 days after the order is issued.

Motor Vehicles not later 4.

(2) Shall not treat the suspension in the manner statutorily requiredrequire(3) forShall movingnot trafficrequire violations.the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license.

(3) Shall not require the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license.

Not later than 30 days after the hearing, the person designated by the board of trustees shall issue a written decision affirming, denying or modifying the - *AB54_R1* – 30 – decision to impose administrative sanctions and mail a copy of the decision to the parent or legal guardian of the pupil.

6.assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.

If a public school does not have a school police officer assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.

2.- 82nd Session (2023) – 31 – the parent, guardian or any other person who has control or chargeto of the pupil by:

A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

The board of trustees of a school district may appoint an attendance officer for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district.

and - *AB54_R1* – 31 – (c) Determine, based on the attendance , chronic absenteeism and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.

- 82nd Session (2023) – 32 – Sec.

1.parents, guardians or other persons having control or charge of anynst child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to [392.110,] 392.075, inclusive, or 392.130 to 392.160, inclusive.

Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to [392.110,] 392.075, inclusive, or 392.130 to 392.160, inclusive.

392.200 Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 and who violates any of the provisions of law requiring the enrollment and attendance of children in the public schools of this State.

Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any - *AB54_R1* – 32 – child and to whom notice has been given of the child’s truancy as provided in NRS 392.130 , [and 392.140,] and who fails to prevent the child’s subsequent truancy within that school year, is guilty of a misdemeanor.

A person who is licensed pursuant to NRS 424.030 to conduct a foster home is liable pursuant to subsection 1 for a child in his or her foster care only if the person has received notice of the - 82nd Session (2023) – 33 – truancy of the child as provided in NRS 392.130 , [and 392.140,] and negligently fails to prevent the subsequent truancy of the child within that school year.

392.215 Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to [392.110,] 392.075, inclusive, orornt 392.130 to 392.165, inclusive:

or (b) An alternative plan of attendance is approved by the court pursuantpur2.antIf the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to NRSenroll 62F.140.in and attend, the superintendent of the school district shall negotiate an agreement with:

2.

If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to enroll in and attend, the superintendent of the school district shall negotiate an agreement with:

or - *AB54_R1* – 33 – (b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to enroll in and attend a public school in that adjoining school district.

The superintendent of the school district in which the offender resides shall inform the person with whom the superintendent is negotiating that the offender has been adjudicated - 82nd Session (2023) – 34 – delinquent for a sexual offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.

(a) Must not contain the name of a victim;

394.098 “Postsecondary education” is limited to education or educational services offered by an institution which is privately owned to persons who have completed or terminated their elementary and secondary education or who are beyond the age of compulsory school enrollment and attendance for the attainment of academic, professional or vocational objectives.

The term does not include a - *AB54_R1* – 34 – home in which instruction is provided to a child who is excused from compulsory enrollment and attendance pursuant to NRS 392.070 or a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.

Sec.- 82nd Session (2023) – 35 – 62B.320.

39.NR1.

NRS 62B.320 is hereby amended to read as follows:

62B.320 1.

(f)on Violatesa child;ates a county or municipal ordinance imposing a curfew on(g) Violates a county or municipal ordinance restricting loitering by a child;

(g) Violates a county or municipal ordinance restricting loitering by a child;

(a) “Alcohol or marijuana offense” has the meaning ascribed to it in(b) NRS“Bullying” 62E.173.means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

(b) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

- *AB54_R1* – 35 – (2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

(3)- Places82nd theSession person(2023) in– reasonable36 fear– of harm or serious emotional distress;

orperson in reasonable fear of harm or serious (4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

(e) Facts relating to the minor’s education, employment, and lengthlen(f) ofThat residencethe minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;

(f) That the minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;

Sec.

41.

NRS 361.068 is hereby amended to read as follows:

The following personal property is exempt fromfrom: taxation:

taxation:

- *AB54_R1*82nd Session (2023) – 3637 – (e)(f) Livestock;Colonies of bees;

(f) Colonies of bees;

The Nevada Tax Commission may exempt from taxation that personal property for which the annual taxes would be less than the cost of collecting those taxes.

and (b) During any fiscal year in which the person claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.

(I)- Is82nd anSession original(2023) painting– in38 oil,– mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, -colors, *AB54_R1* – 37 – drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

(III) Is on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of each year for which the exemption is claimed or, if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed;

andandhan 2 years (IV) Is on display in a facility that is available for group tours by pupils or students for at least 5 hours on at least 60 days of each full year for which the exemption is claimed, during which the facility in which it is displayed is open, by prior appointment and at reasonable times, without charge;

(V) Property used in the performing arts, including, without limitation, scenery or props for a stage;

ororincluding, (VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

(1)- Meets82nd theSession requirements(2023) – 39 – of sub-subparagraphssubparagraph (1) of paragraph (b);sub-subparagraphs (I) and (II) of(2) subparagraphIs (1)made ofavailable paragraphfor (b);sale within 2 years after it is acquired;

(2)and (3) Is made available for saleviewing by the public or prospective purchasers, or both, within 2 years after it is acquired;acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

and - *AB54_R1* – 38 – (3) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.

(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103;

ored in NRS 385.007 or a private school as defined in (2) Receives instruction in a home and is excused from compulsory enrollment and attendance pursuant to NRS 392.070.

Except as otherwise provided in subsection 4, the Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

or (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, andandwhich which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

(b) Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without- limitation,82nd atSession least(2023) – 40 – vehicle during darkness;east 10 hours of experience in driving a motor vehicle(c) duringExcept darkness;as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

(c) Except as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

or - *AB54_R1* – 39 – (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,  who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

(1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;392(2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory enrollment and attendance pursuant to NRS 392.070;

(2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory enrollment and attendance pursuant to NRS 392.070;

2.offered within a 30-mile radius of a person’s residence, the personot may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

(a)- The82nd trainingSession required(2023) pursuant– to41 paragraph– (a) of subsection 1;

and The training required pursuant to paragraph (a) of subsection (b) A hands-on course in defensive driving that has been approved by the Department pursuant to NRS 483.727.

A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a driver’s license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the - *AB54_R1* – 40 – provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:

and (c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed of by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

The Department may issue a restricted license to any applicant between the ages of 14 and 18 years which entitles the applicant to drive a motor vehicle upon a highway if a member of his or her household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists whichwhi2. requires the applicant to drive.

2.reAn application for a restricted license under this section must:

An application for a restricted license under this section must:

(1)- A82nd writtenSession statement(2023) signed– by42 the– principal of the public school in which the applicant is enrolled or by a designee of thethelic principal and which is provided to the applicant pursuant to NRS 392.123;

or - *AB54_R1* – 41 – (4) A copy of the applicant’s certificate of general educational development or an equivalent document.

(b) Authorizes the licensee to operate a motor vehicle on a street or highway(c) onlyMay undercontain conditionsother specifiedrestrictions bywhich the Department;Department deemsd necessary.

and (c) May contain other restrictions which the Department deems necessary.

or (b) A private school meeting the requirements for approval underprovided NRSby 392.070the whenprivate transportationschool,tation to and from school is not provided by the private school,  and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

(1)- Principal82nd ofSession the(2023) public– school43 in– which the pupil is enrolled or by a designee of the principal and which is provided to the applicant pursuant to NRS 392.123;

- *AB54_R1* – 42 – (b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of 55 miles per hour.

(d) May authorize the licensee to transport as passengers in a motor vehicle driven by the licensee, only while the licensee is going to and from school, members of his or her immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board.

(c)- Evidence82nd ofSession financial(2023) ability– to44 provide– the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;

- *AB54_R1* – 43 – (b) Contains adequate floor space and adequate equipment.

(d) Admits as regular students only persons who have received a certificate of graduation from high school, or the recognizedrecognizedved a equivalent of such a certificate, or who are beyond the age of compulsory school enrollment and attendance.

(b) A statement that the proposed school is authorized to operate educationaledu(c) programsSuch beyondother secondaryinformation education;as the Board considers necessary.

and (c) Such other information as the Board considers necessary.

- 82nd Session (2023) – 45 – 7.

TEXT~~~~~ OF23 REPEALED- SECTIONS82nd 392.080Session Attendance(2023) excused for distant residence from nearest school.

Attendance required by the provisions of NRS 392.040 shall be excused when the Superintendent of Public Instruction has determined that the child’s residence is located at such distance from the nearest public school as to render attendance - *AB54_R1* – 44 – unsafe or impractical, and the child’s parent or guardian has notified the board of trustees to that effect in writing.

392.110 Attendance excused for child between 15 and 18 years of age who has completed eighth grade to enter emp1.ymAny child between the ages of 15 and 18 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the child from such attendance.

The board’s written authority must state the reason or reasons for such excuse.

or contract for the services or time of such child until the child presents a written permit therefor from the attendance officer or board of trustees.

The permit must be kept on file by the employer and, upon the termination of employment, must be returned by the employer to the board of trustees or other authority issuing it.

H - *AB54_R1*