Nevada 2023 Regular Session Status: Enacted

AB 65 — Revises provisions relating to education. (BDR 34-275)

Last action — Approved by the Governor. Chapter 182.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 02, 2023.

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Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

776 added · 731 removed

776 line(s) added, 731 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
65 A SSEMBLY B ILLN O.
65–Committee on Education CHAPTER..........
65–COMMITTEE ON EDUCATION (O N BEHALF OF THE DEPARTMENT OF E DUCATION ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education.
(BDR 34-275) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions relating to reports regarding and investigations into incidents of discrimination based on race, bullying and cyber- bullying;
restricting the time of day during which the board of trustees of a school district may take action or corrective action at a regular or special meeting;
revising provisions relating to reports regarding and investigations into incidents of discrimination based on race, bullying and cyber-bullying;
Existing law establishes the Office for a Safe and Respectful Learning Office to investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated applicable provisions of law regarding discrimination based on race, bullying or cyber-bullying.
trustees of a school district give notice of its meetings by:
(NRS 388.1323) Existing law also requires the Director to establish the SafeVoice Program within the Office, which allows a person to make an anonymous report to a support center regarding dangerous, violent or unlawful activity that is conducted, other circumstances related to public schools.
(1) posting an agenda consisting of a list describing the items on which action may be taken by the public body;
(NRS 388.1455) Any anonymous tipain made through the SafeVoice Program is then forwarded to the appropriate public safety agencies and certain trained personnel at the public school for appropriate action to be taken.
and (2) clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item or, under certain circumstances, by placing the term “for possible corrective action” next to the appropriate item.
(NRS 388.14553) Section 3 of this bill provides that the Director is not required to investigate a complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated applicable bullying if the complaint is made through the SafeVoice Program and investigated - *AB65_R1* – 2 – by certain trained personnel at the public school, unless the complaint alleges that a previous investigation of the same matter by the personnel at the public school failed to resolve the issue or was otherwise deficient.
(NRS 241.015, 241.020) Existing law sets forth certain requirements and procedures for meetings of the board of trustees of a school district, including, without limitation:
Section 2 of this bill revises the definition of “bullying” to exclude acts, gestures and expressions which are engaged in as part of a mutual disagreement or conUpon receiving a report of discrimination based on race, bullying or cyber- bullying, existing law requires the administrator of a school or his or her designee to immediately begin an investigation into the report.
(1) a requirement that the board of trustees president of the board of trustees to call special meetings under certainr the circumstances.
(NRS 386.330) Section 1.5 of this bill prohibits, except in an emergency that impacts the school district, the board of trustees of a school district from taking any action or corrective action at a regular meeting or special meeting on an item that has been posted on its agenda pursuant to the Open Meeting Law after 11:59 p.m.
on the day of the meeting.
Section 1.5 further provides that if the board of trustees has not taken action or corrective action, as applicable, on any trustees must not take any further action or corrective action on any item that is on the meeting agenda unless the board of trustees:
(1) schedules the delayed agenda item at a future meeting;
or (2) waits at least 24 hours after the originally scheduled time of the meeting but not later than 3 business days after the originally scheduled date of the meeting to take action or corrective action.
Existing law establishes the Office for a Safe and Respectful Learning Environment in the Department of Education and requires the Director of the Office to investigate any complaint that a teacher, administrator, coach or other law regarding discrimination based on race, bullying or cyber-bullying.
(NRSs of 388.1323) Existing law also requires the Director to establish the SafeVoice Program within the Office, which allows a person to make an anonymous report to a support center regarding dangerous, violent or unlawful activity that is conducted, or is threatened to be conducted, on the property of a public school or in certain other circumstances related to public schools.
(NRS 388.1455) Any anonymous tip made through the SafeVoice Program is then forwarded to the appropriate public safety agencies and certain trained personnel at the public school for appropriate - 82nd Session (2023) – 2 – action to be taken.
(NRS 388.14553) Section 3 of this bill provides that the Director is not required to investigate a complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated applicable bullying if the complaint is made through the SafeVoice Program and investigated by certain trained personnel at the public school, unless the complaint alleges that a previous investigation of the same matter by the personnel at the public school failed to resolve the issue or was otherwise deficient.
Section 2 of this bill revises the definition of “bullying” to exclude acts, gestures and expressions which are engaged in as part of a mutual disagreement or conflict.
Upon receiving a report of discrimination based on race, bullying or cyber- bullying, existing law requires the administrator of a school or his or her designee to immediately begin an investigation into the report.
(NRS 388.1351) Section 6 of this bill requires the investigation to be completed, to the greatest extent practicable, within 5 school days after the administrator or designee receives the report, or within 7 school days 5 school days.
(NRS 388.1351) Section 6 of this bill requires the investigation to be completed, to the greatest extent practicable, within 5 school if extenuating circumstances prevent the investigation from being completed withinays school days.
(NRS 389.167) Section 9 of this bill requires a work-based learning program to be approved instead by the SupExisting law requires a child to be a certain age on or before the first day of the school year to be admitted to certain early grades of school.
(NRS 389.167) Section 9 of this bill requires a work-based learning program to be approved instead by the Superintendent of Public Instruction.
(NRS 392.040) Section 12 of this bill changes the date by which a child must attain a certain age to start certain early grades from the first day of the school year to August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding a school year.
Existing law requires a child to be a certain age on or before the first day of the school year to be admitted to certain early grades of school.
attend public school.
(NRS 392.040) Section of this bill changes the date by which a child must attain a certain age to start certain early grades from the first day of the school year to August 1 of the school preceding a school year.s not occur during a school year, on or before August 1 Existing law, in general, requires a child between 7 and 18 years of age to attend public school.
Section 15.7 of this bill authorizes a public school to:
(1) admit a child who was enrolled in a prekindergarten program during the 2022-2023 school year in kindergarten for the following school year if the child is 5 years of age on or before the first day of the school year;
and (2) promote a pupil who is enrolled in and who successfully completes kindergarten or first grade in a public school during the 2022-2023 or 2023-2024 school years to the next grade level for the following school years, as applicable.is or her age during the 2023-2024 and 2024-2025 - 82nd Session (2023) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
1.5.
NRS 386.330 is hereby amended to read as follows:
386.330 1.
The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.
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Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.
3.
The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by at least 1 day before the meeting, or by mailing the notice to eachtee trustee’s residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting.
The notice shall specify the time, place and purpose of the meeting.
If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
4.
A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.
5.
In any county whose population is 55,000 or more, the board of trustees may cause each meeting of the board to be broadcast on a television station created to provide community access to cable television by using the facilities of the school district, county or any city located in the county.
The board of trustees and the county or city shall cooperate fully with each other to determine:
(a) The feasibility of televising the meetings of the board of trustees;
(b) The costs to televise the meetings of the board of trustees for each proposed method of televising;
and of trustees for each proposed method of televising.ngs of the board 6.
Except in an emergency that impacts the school district, the board of trustees shall not take any action or corrective action - 82nd Session (2023) – 4 – at a regular meeting or special meeting on an item that has been posted on its agenda pursuant to chapter 241 of NRS after 11:59 p.m.
on the day of the meeting.
If the board of trustees has not taken action or corrective action, as applicable, on any item that is board of trustees must not take any further action or corrective action on any item that is on the meeting agenda unless the board of trustees:
(a) Schedules the delayed agenda item at a future meeting by placing the item on its agenda for the future meeting pursuant to chapter 241 of NRS;
or (b) Waits until at least 24 hours after the originally scheduled time of the meeting but not later than 3 business days after the originally scheduled date of the meeting to take action or corrective action.
7.
As used in this section, “emergency” has the meaning ascribed to it in NRS 241.020.
Sec.
2.
or (2) Placing a person in reasonable fear of physical harm to the person or damage to the property of the person;
or (2) Placing a person in reasonable fear of physical harm to the(b) Interfere with the rights of a person by:on;
- *AB65_R1* – 3 – (b) Interfere with the rights of a person by:
(a) Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;
- 82nd Session (2023) – 5 – mocking or use of put-downs or demeaning humor regarding theing, actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;
(g) Stalking;
(h) Physically harmful contact with or injury to another person or his or her property.
and (h) Physically harmful contact with or injury to another person or his or her property.
- *AB65_R1* – 4 – (a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about antidiscrimination and anti-bullying efforts and organizations;
(a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about antidiscrimination and anti-bullying efforts and organizations;
and (b) Provides outreach and antidiscrimination and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body.
and(b) Provides outreach and antidiscrimination and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body.
(2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;
- 82nd Session (2023) – 6 – (2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;
(3) Training regarding methods for reporting violations of NRS 388.135;
(3) Training regarding methods for reporting violations of NRS 38(4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide, including, without limitation, resources for pupils who are members of groups at a high risk of suicide.
and (4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide, including, without limitation, resources for pupils who are members of groups at a high risk of suicide.
The Director of the Office or his or her designee is not required to investigate a complaint pursuant to this subsection if the complaint is made through the SafeVoice Program established pursuant to NRS 388.1455 and investigated by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553, unless the complaint alleges that a previous investigation conducted by the team appointed pursuant to - *AB65_R1* – 5 – paragraph (a) of subsection 1 of NRS 388.14553 regarding the same matter failed to resolve the issue or was otherwise deficient.
The Director of the Office or his or her designee is not required to investigate a complaint pursuant to this subsection if the complaint is made through the SafeVoice by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553, unless the complaint alleges that a previous investigation conducted by the team appointed pursuant to paragraph (a) of subsection 1 of NRS 388.14553 regarding the same matter failed to resolve the issue or was otherwise deficient.
Sec.
Secs.
4.
4 and 5.
5.
(Deleted by amendment.) Sec.
Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.
Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed - 82nd Session (2023) – 7 – violation.ion or received information regarding the occurrence of a 2.
2.
(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported discrimination based on race, bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the discrimination based on race, bullying or cyber-bullying.
(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or involved in the reported discrimination based on race, bullying orctly cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the discrimination based on race, bullying or cyber-bullying.
- *AB65_R1* – 6 – (b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.
(b) Interviews with all pupils whose parents or guardians must guardians.d pursuant to paragraph (a) and with all such parents and 4.
4.
Except as otherwise provided in this subsection, an investigation required by this section must be completed [not later than 2] , to the greatest extent practicable, within 5 school days after the administrator or designee receives a report required by subsection 1.
Except as otherwise provided in this subsection, an investigation required by this section must be completed [not later than 2] , to the greatest extent practicable, within 5 school days - 82nd Session (2023) – 8 – subsection 1.
If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within [2] 5 school days after making a good faith effort, [1] 2 additional school [day] days may be used to complete the investigation.
If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within [2] 5 school days after making a good faith effort, [1] additional school [day] days may be used to complete the investigation.
(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body.
(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as disciplinary action adopted by the governing body.
Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
Subject to theg provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
- *AB65_R1* – 7 – 7.
concerning the incident must not be included in the record of the reported aggressor.
If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.
9.
- 82nd Session (2023) – 9 – or [his or her] designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable.
To the extent that information is available, the administrator or [his or her] designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable.
Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department.
Not later than 30 days after receiving a response provided in accordance with such a Department.
(a) Reports received pursuant to subsection 1 concerning incidents of bullying or cyber-bullying;
(a) Reports received pursuant to subsection 1 concerning inc(b) Reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(b) Reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(c) Times in which a violation of NRS 388.135 is found to have occurred;
- *AB65_R1* – 8 – (c) Times in which a violation of NRS 388.135 is found to have occurred;
[A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter and categorized by types of incidents and the demographics identified in subsection 1 of NRS 388.1235, the:
[A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment - 82nd Session (2023) – 10 – that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter and categorized by types of incidents and the demographics identified in subsection 1 of NRS 388.1235, the:
(a) Total number of reports received pursuant to subsection 1 concerning bullying or cyber-bullying;
concerning bullying or cyber-bullying;d pursuant to subsection 1 (b) Total number of reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(b) Total number of reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
7.
(Deleted by amendment.) Sec.
8.
(Deleted by amendment.) Sec.
NRS 389.167 is hereby amended to read as follows:
anNRS 389.167 is hereby amended to read as follows:
Any credits earned for successful completion of a work-based learning program must be applied toward the pupil’s - *AB65_R1* – 9 – elective course credits and not toward a course that is required for graduation from high school.
Any credits earned for successful completion of a work-based learning program must be applied toward the pupil’s elective course credits and not toward a course that is required for graduation from high school.
(a) The fields, trades or occupations in which a work-based learning program will be offered.
- 82nd Session (2023) – 11 – learning program will be offered.pations in which a work-based (b) The qualifications of a pupil to participate in the work-based learning program.
(b) The qualifications of a pupil to participate in the work-based learning program.
Upon approval by the [State Board] Superintendent of Public Instruction of an application to offer a work-based learning program submitted pursuant to subsection 2, the board of trustees or the governing body shall:
Upon approval by the [State Board] Superintendent of Public Instruction of an application to offer a work-based learning the governing body shall:t to subsection 2, the board of trustees or (a) Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs.
(a) Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs.
(a) A detailed training agreement and training plan be completed for each pupil participating in the work-based training program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;
for each pupil participating in the work-based training program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;
- *AB65_R1* – 10 – (b) A pupil participating in the work-based learning program be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program;
(b) A pupil participating in the work-based learning program be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program;
and (c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway.
and - 82nd Session (2023) – 12 – (c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway.
A school district or charter school may allow a pupil who successfully completes a work-based learning program to earn dual credit for participation in the work-based learning program.
A school district or charter school may allow a pupil who credit for participation in the work-based learning program.
6.
dual 6.
and (d) Pupils who are members of special populations, as defined in 20 U.S.C.
and (d) Pupils who are members of special populations, as defined in U.S.C.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
If a child is not 5 years of age on or - *AB65_R1* – 11 – before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year, the child must not be admitted to kindergarten.
If a child is not 5 years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 - 82nd Session (2023) – 13 – kindergarten.
3.
the school year, the child must not be admitted to 3.
Except as otherwise provided in subsection 4, a child who is 6 years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year must:
Except as otherwise provided in subsection 4, a child who is years of age on or before [the first day] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year must:
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year [.] ;
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year;
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] August 1 of the school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year may elect for the child not to attend kindergarten or the first grade during that year.
The parents, custodial parent, guardian or other person is 6 years of age on or before [the first day of] August 1 of theo school year, or if August 1 does not occur during a school year, on or before August 1 preceding [a] the school year may elect for the child not to attend kindergarten or the first 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 containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade.
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 legal guardian of a pupil who elects to enroll his or her child innd kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade.
The parent or legal - *AB65_R1* – 12 – guardian shall comply with the applicable requirements for attendance.
The parent or legal - 82nd Session (2023) – 14 – attendance.
(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 attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade.
(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 attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be prepared developmentally, the child must be admitted to the firstchild is grade.
If the district determines that the child is prepared developmentally, the child must be admitted to the first grade.
The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
The results of the test must be made within the State of Nevada having control or charge of the child.son 8.
8.
9.
- 82nd Session (2023) – 15 – 9.
Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State - *AB65_R1* – 13 – because of the military transfer of the parent or legal guardian of the child must be admitted to:
Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the child’s age.
or would be attending had he or she remained a resident of the other state, regardless of the child’s age.
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] 6 and 18 years shall send the child to a public school during all the time the 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 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] 6 and years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
A child who is 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, may be admitted to kindergarten at the beginning of that school year, and the child’s enrollment must be counted for purposes of apportionment.
A child who is 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, may be admitted to enrollment must be counted for purposes of apportionment.
If a child is not 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, the child must not be admitted to kindergarten.
If ald’s child is not 5 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, the child must not be admitted to kindergarten.
Except as otherwise provided in subsection 4, a child who is 6 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
Except as otherwise provided in subsection 4, a child who is years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
If a child is not 6 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year, the child must not be admitted to the first grade until the beginning of the school year following the child’s sixth birthday.
If a child is not 6 years of age on or before August 1 - 82nd Session (2023) – 16 – year, on or before August 1 preceding the school year, the childool must not be admitted to the first grade until the beginning of the school year following the child’s sixth birthday.
- *AB65_R1* – 14 – 4.
4.
Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the school is in session.
Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school during all the time the adopted a policy prescribing a minimum number of days ofol district has 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 containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade.
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 containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade.
This requirement for attendance does not apply to any child under the age of [7] 6 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
This requirement for attendance does not apply to any child under the age of [7] 6 years who has not yet been enrolled or has6.een[A child who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
6.
[A child who is 7 years of age on or before August 1 of the school year, or if August 1 does not occur during the school year, on or before August 1 preceding the school year must:
(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 attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the - 82nd Session (2023) – 17 – undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade.
If the district determines that the child is prepared developmentally, the child must be admitted to the first - *AB65_R1* – 15 – grade.
If the district determines that the child is prepared developmentally, the child must be admitted to the first grade.
and (b) Whose parents waived the child’s attendance from kindergarten pursuant to subsection 4, to determine whether the child is prepared developmentally to be admitted to the first grade.
and (b) Whose parents waived the child’s attendance from kindergarten pursuant to subsection 4, admitted to the first grade.
The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
The results of the test must be madee available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the child’s age.
or would be attending had he or she remained a resident of the other state, regardless of the child’s age.
(b) A kindergarten established by the governing body of a charter school;
- 82nd Session (2023) – 18 – (b) A kindergarten established by the governing body of a charter school;
Sec.
12.5.
NRS 392.160 is hereby amended to read as follows:
Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:
NRAny peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:
- *AB65_R1* – 16 – (a) Any child between the ages of [7] 6 and 18 years;
(a) Any child between the ages of [7] 6 and 18 years;
For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
For the purposes of this subsection, “counseling agency” means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or Secs.
13-15.
(Deleted by amendment.)e of the child.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than [7] 6 years of age, but is less than 12 years of age and:
If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families - 82nd Session (2023) – 19 – has control or charge of a child who is not less than [7] 6 years of age, but is less than 12 years of age and:
or (b) That child is at risk of failing to advance to the next grade level in school, the Division shall require the head of the household to review with the Division the personal responsibility plan signed by the head - *AB65_R1* – 17 – necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or her academic performance.
or (b) That child is at risk of failing to advance to the next grade level in school, the Division shall require the head of the household to review with the Division the personal responsibility plan signed by the head of household pursuant to NRS 422A.535 and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or herSec.
Sec.
15.5.perfA child who is 6 years of age or older on or before August 1, 2024, and enrolls in public school for the first time must:
15.5.
A child who is 6 years of age or older on or before August 1, 2024, and enrolls in public school for the first time must:
15.7 Notwithstanding the provisions of NRS 392.040, as amended by sections 12 and 12.3 of this act:
1.
A child who is enrolled in a prekindergarten program during the 2022-2023 school year may be admitted to kindergarten at the beginning of the 2023-2024 school year if the child is 5 years of age on or before the first day of the school year.
2.
A pupil who is enrolled in and successfully completes kindergarten or first grade in a public school during the 2022-2023 or 2023-2024 school years may be promoted to the next grade level regardless of his or her age during the 2023-2024 and 2024-2025 school years, as applicable.
Sec.
This section and sections 1 to 12, inclusive, 13, 14 and 15 of this act becomes effective on July 1, 2023.
This section and sections 1 to 12, inclusive, 13, 14, 15 and 15.7 of this act becomes effective on July 1, 2023.
H - *AB65_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 182.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 732 and 733 concurred in. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 15, Nays: 5, Excused: 1.) To Assembly. In Assembly.

  5. Read second time. Amended. (Amend. Nos. 732 and 733.) To printer.

  6. From committee: Amend, and do pass as amended. Placed on Second Reading File.

  7. In Senate. Read first time. Referred to Committee on Education. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 31, Nays: 11.) To Senate.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 138.) To printer.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Education. To printer.

Sponsors

  • Assembly Committee on Education · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Education

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors AB 65?
AB 65 is sponsored by Assembly Committee on Education.
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This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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