AB 264 — Revises provisions governing attendance in public schools. (BDR 34-639)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT A.B.

264264–Assemblymen ATaylor; SSEMBLY B ILLN O.

264–ASSEMBLYMENAnderson, TAYLORGonzález ;and Nguyen CHAPTER..........

ANDERSON , GONZÁLEZ AND NGUYEN M ARCH 7, 2023 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing attendance in public schools.

(BDR 34-639) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law, in general, requires a child between 7 and 18 years of age to eachattend school district to adopt rules that require each public schoolschool. in the district to include the accounting of attendance and, if feasible, tardiness of a pupil on each report card or other report of progress of the pupil.

(NRS 392.040) Existing law requires the board of trustees of include the accounting of attendance and, if feasible, tardiness of a pupil on each to report card or other report of progress of the pupil.

Existing law requires the board of trustees of each school district to prescribe a minimum number of days that a pupil who is subject to compulsory attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.

(NRS 392.122) Section 5 of this bill requires days on which a pupil is not in attendance because the pupil is absent for the observance of a religious holiday to be credited towards the required days of attendance if the absence was approved and the pupil has completed course-workcourse-workdays of requirements.

Existing law provides that a pupil is deemed a truant if the pupil is absent from school without the written approval of the pupil’s teacher or the principal of theomthe school, unless the pupil is physically or mentally unable to attend school.

(NRS 392.130) Section 6 of this bill provides that a pupil is not a truant if the pupil is - *AB264_R1* – 2 – absent from school for the observance of a religious holiday provided that a pupil may have not more than five such approved absences in a school year.

Section 6 requires the parent or legal guardian or other person having control or charge of a pupilthe whoteacher isor absentprincipal fromof the school forin thewriting observanceat ofleast a3 religiousdays holidaybefore tothe notifyabsence, in accordance with the policy established by the board of trustees of the schoolence,school district.

Existing law requires the board of trustees of each school district and the governing bodies of certain charter schools to prepare an annual report of accountability that contains certain information regarding the attendance, truancy approvedand absencetransiency for the observance of apupils. religious holiday is not an absence for the purposes of the annual report of accountability.

(NRS 385A.070, 385A.240) Section 6 provides that an approved absence for the observance of a religious holiday is not an absence for the purpSection 3 of this bill prohibits a pupil enrolled in a public school from being deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award because of an approved absence for the observance of a religious holiday.

Sections 1, 2 and 8 of this bill make conforming - 82nd Session (2023) – 2 – Statutes.o indicate the proper placement of section 3 in the Nevada Revised THEEXPLANATION PEOPLE– OFMatter THEin STATEbolded OFitalics NEVADA,is REPRESENTEDnew; IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be be provided to the board of trustees before the pupil receivesmust educational services through the program.program of distance education.

The(b) writtenEnsure noticethat mustthe bepersons providedwho tooperate the boardprogram ofon trusteesa beforeday- theto-day pupilbasis receivescomply educationalwith servicesand throughcarry theout programall applicable requirements, statutes, regulations, rules and policies of distancethe education.charter school, including, without limitation:

(b) Ensure that the persons who operate the program on a day- to-day basis comply with and carry out all applicable requirements, - *AB264_R1* – 3 – statutes, regulations, rules and policies of the charter school, including, without limitation:

Sec.- 82nd Session (2023) – 3 – 388.862 1.NRS 3If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated.

2.

NRS 388.862 is hereby amended to read as follows:

388.862 1.

If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated.

(c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act;

andNRS 392.040 to 392.220, inclusive [;] , and section 3 of (d) Discipline of pupils.

If a pupil is enrolled part-time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the - *AB264_R1* – 4 – pupil is otherwise enrolled apply to such a pupil, including, without limitation:

- 82nd Session (2023) – 4 – (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive [;] , and section 3 of this act;

thereto a new section to read as follows:

amended by adding A pupil enrolled in a public school who is absent from school for the observance of a religious holiday may not be deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award by reason of such absence if the absence is approved pursuant to subsection 4 of NRS 392.130.

3.

Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

A pupil enrolled in a public school who is absent from school for the observance of a religious holiday may not be deprived of any award that is based on perfect attendance or any eligibility or opportunity to compete for such an award by reason of such absence if the absence is approved pursuant to subsection 4 of NRS 392.130.