Nevada 2023 Regular Session Status: Enacted 1 R cosponsors

AB 175 — Revises provisions governing boards of trustees of school districts. (BDR 34-692)

Last action — Approved by the Governor. Chapter 187.

  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 February 15, 2023. Enacted.

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

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

280 added · 232 removed

280 line(s) added, 232 removed.

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(Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
Assembly Bill No.
175 A SSEMBLY BILL N O.
175–Assemblymen Yurek and Bilbray-Axelrod CHAPTER..........
175–ASSEMBLYMEN YUREK AND B ILBRAY -AXELROD FEBRUARY 15, 2023 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing boards of trustees of school districts.
(BDR 34-692) FISCAL NOTE:
EffEffect on the State:
No.
May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Under existing law, the members of the board of trustees of a county school district in which more than 75,000 pupils are enrolled (currently Clark County School District) are elected from seven election districts, established by the board of trustees, that are as nearly equal in population as possible and are composed of members to the board of trustees of such a county school district, of whom:
Under existing law, the members of the board of trustees of a county school School District) are elected from seven election districts, established by the board of trustees, that are as nearly equal in population as possible and are composed of contiguous territory.
(NRS 386.165) Section 1.5 of this bill adds four nonvoting members to the board of trustees of such a county school district, of whom:
have:
Section 1.5 also provides that the nonvoting members of the board of trustees:
(1) the same rights and responsibilities as the voting members;
members;
(2) voting rights for the election of officers;
and (2) do not have voting rights for the election of officers or the voting authority to serve as an officer of the board of trustees.
and (3) the authority to serve as an officer of the board of trustees.
Section 1 of this bill makes a conforming change to provide that a board of trustees of a county school district in which more than 75,000 pupils are enrolled conSections 2-4 of this bill make conforming changes that clarify that certain requirements for a candidate for the board of trustees of a school district only apply to candidates who are elected and not appointed.
Section 7.5 of this bill makes a conforming change to require officers of the board of trustees to be elected, voting members of the board of trustees.
- *AB175_R1* – 2 – Section 5 of this bill makes a conforming change that requires vacancies among the elected members of a board of trustees of a school district to be filled by appointment at a public meeting of the board of trustees.
Section 1 of this bill makes a conforming change to provide that a board of trustees of a county school district in which more than 75,000 pupils are enrolled consists of 11 members.
Section 5 additionally trustees of a school district must be filled by the appointing authority.
Sections 2-4 of this bill make conforming changes that clarify that certain requirements for a candidate for the board of trustees of a school district only apply to cSection 5 of this bill makes a conforming change that requires vacancies among the elected members of a board of trustees of a school district to be filled by appointment by the remaining elected members at a public meeting of the board of trustees.
Section 5 additionally requires that vacancies that occur among the appointed members of a board of trustees of a school district must be filled by the appointing authority.
Section 7 of this bill makes a conforming change by deleting certain provisions which have been moved to section 1.5.ber of a board of trustees of a school district THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 7 of this bill makes a conforming change by deleting certain provisions governing the term of office of a member of a board of trustees of a school district whicUnder existing law, a majority of the members of the board of trustees constitutes a quorum and no action of the board of trustees is valid unless the action receives the approval of a majority of all the members of the board of trustees at a regularly called meeting.
Section 1.
(NRS 386.330) Section 8.5 of this bill provides that a majority of the elected members of the board of trustees constitutes a quorum and - 82nd Session (2023) – 2 – approval of a majority of all the elected members of the board of trustees at a regularly called meeting.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
Before the adoption of a resolution pursuant to paragraph [(c)] (d) of subsection 1, the board of trustees shall post - *AB175_R1* – 3 – conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution.
Before the adoption of a resolution pursuant to paragraph [(c)] (d) of subsection 1, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution.
Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.
Posting of the notice must be made not less - 82nd Session (2023) – 3 – than 10 days before the date fixed in the resolution for action thereon.
If a board of trustees adopts a resolution pursuant to paragraph [(c)] (d) of subsection 1, it must transmit a copy of the resolution to the Superintendent of Public Instruction on or before December 15 of the year before the general election will be held.
If a board of trustees adopts a resolution pursuant to paragraph [(c)] (d) of subsection 1, it must transmit a copy of the December 15 of the year before the general election will be held.re Sec.
Sec.
[2.] 3.
25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:
In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees, as follows:
[3.
[3.] 4.
Each trustee of a school district to which this section applies must reside in the election district which the trustee represents and be elected by the voters of that election district.] - *AB175_R1* – 4 – 4.
Each elected trustee of a school district to which this section applies must reside in the election district which the trustee represents and be elected by the voters of that election district.
In each school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees is composed of seven members who must be elected in an election district established pursuant to subsection 3 by the board of trustees.
[4.] 5.
5.
In each school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees - 82nd Session (2023) – 4 – is composed of seven members who must be elected in an election district established pursuant to subsection 3 by the board of trustees.
The appointing authority shall make an appointment pursuant to subsection 2 at least 30 days but not more than 90 days before the expiration of the term of office of the incumbent member.
The appointing authority shall make an appointment days before the expiration of the term of office of the incumbent member.
7.
7.
Each trustee shall hold office until his or her successor is appointed or elected and qualified.
The nonvoting members of the board of trustees appointed pursuant to subsection 2 shall have:
Each trustee shall hold office until his or her successor is appointed or elected and qualified.
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(a) The same rights and responsibilities as voting members of the board of trustees, including, without limitation, being involved in any briefings, interviews, evaluations, closed-door sessions and policy and operational discussions;
9.
(b) Voting rights for the election of officers;
The nonvoting members of the board of trustees appointed pursuant to subsection 2:
and (c) The authority to serve as an officer of the board of trustees.
(a) Except as otherwise provided in paragraph (b), shall have the same rights and responsibilities as voting members of the board of trustees, including, without limitation, being involved in any briefings, interviews, evaluations, closed-door sessions and policy and operational discussions;
(b) Do not have voting rights for the election of officers or the authority to serve as an officer of the board of trustees.
2.
school district required for the office for which he or she seeks election.
Have the qualifications of residence within the county school district required for the office for which he or she seeks election.
2.
- 82nd Session (2023) – 5 – 2.
After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes - *AB175_R1* – 5 – cast for trustees and shall order the county clerk to issue election certificates to the candidates elected.
After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall order the county clerk to issue election certificates to the candidates elected.
3.
election certificate to the Superintendent of Public Instruction.ch Sec.
Immediately, the county clerk shall transmit a copy of each election certificate to the Superintendent of Public Instruction.
Sec.
Any vacancy occurring [in] among the elected members of a board of trustees must be filled by appointment by the remaining members of the board at a public meeting held after notice of the meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS.
Any vacancy occurring [in] among the elected members of a board of trustees must be filled by appointment by the remaining elected members of the board at a public meeting held after notice of the meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS.
If a vacancy occurs, or will occur, in a board of trustees because a member of the board has entered, or is entering, into active military service, [the board of trustees may appoint] a person may be appointed to serve as a temporary replacement for that member.
If a vacancy occurs, or will occur, in a board of trustees because a member of the board has entered, or is entering, into active military service, [the board of trustees may appoint] a that member.
Such a temporary appointment must be made in the manner, and subject to the requirements, otherwise prescribed in NRS 386.270, except that the member of the board of trustees who has entered, or is entering, into active military service may participate in the process to appoint his or her temporary replacement.
Such a temporary appointment must be made in theor manner, and subject to the requirements, otherwise prescribed in NRS 386.270, except that the member of the board of trustees who has entered, or is entering, into active military service may participate in the process to appoint his or her temporary replacement.
(b) The member of a board of trustees who is temporarily replaced shall be deemed to be on leave without pay from the board of trustees for the duration of the appointment of his or her temporary replacement.
(b) The member of a board of trustees who is temporarily replaced shall be deemed to be on leave without pay from the board - 82nd Session (2023) – 6 – of trustees for the duration of the appointment of his or her temporary replacement.
- *AB175_R1* – 6 – (a) Until the member of the board of trustees being temporarily replaced returns from active military service;
replaced returns from active military service;
or (b) For the remainder of the unexpired term of that member, whichever occurs first.
orbeing temporarily (b) For the remainder of the unexpired term of that member, whichever occurs first.
386.300 Each trustee shall:by amended to read as follows:
Sec.
7.
NRS 386.300 is hereby amended to read as follows:
386.300 Each trustee shall:
7.5.
NRS 386.310 is hereby amended to read as follows:
386.310 1.
The board of trustees shall meet and organize by:
(a) Electing one of its elected members as president.
(b) Electing one of its elected members as clerk, or by selecting some other qualified person as clerk.
(c) Electing additional officers from its elected members as may be deemed necessary.
(d) Fixing the term of office for each of its officers.
2.
A record of the organization of the board of trustees must be to the clerk.e minutes, together with the amount of salary to be paid 3.
Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the Department and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.
Sec.
8.5.
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.
2.
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.
- 82nd Session (2023) – 7 – 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 personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each 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 elected 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 elected 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 (c) The number of potential viewers of the meetings of the board of trustees for each proposed method of televising.
Sec.
H - *AB175_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 187.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment Nos. 585 and 789 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Amended. (Amend. No. 789.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 16, Nays: 4, Excused: 1.) To printer. From printer. To re-engrossment. Re-engrossed. Third reprint. To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 585.) To printer.

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

  11. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 29, Nays: 11, Excused: 2.) To Senate.

  12. Read second time. Amended. (Amend. No. 497.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Education. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 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

Subjects

labor education
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Frequently asked questions

Who sponsors AB 175?
AB 175 is sponsored by Yurek, Toby (Republican) and Shannon Bilbray-Axelrod.
What is the current status of AB 175?
This bill has been enacted into law. Introduced February 15, 2023. Enacted.
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