Assembly Bill No. 15–Committee on Education

Prefiled January 7, 1999

(On Behalf of Legislative Commission’s Study of
Special Education and Student Discipline)

____________

Referred to Committee on Education

 

SUMMARY—Makes various changes regarding truancy and discipline of habitual truants. (BDR 34-319)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to pupils; making various changes regarding truancy and the discipline of pupils who are habitual truants; expanding the authority of the advisory boards to review school attendance; expanding the circumstances under which probation officers may serve as juvenile court masters; revising the actions that a juvenile court must take against a pupil who is found to be a habitual truant; repealing the requirement that law enforcement agencies issue citations to pupils who are habitual truants; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 385.347 is hereby amended to read as follows:

1-2 385.347 1. The board of trustees of each school district in this state,

1-3 in cooperation with associations recognized by the state board as

1-4 representing licensed personnel in education in the district, shall adopt a

1-5 program providing for the accountability of the school district to the

1-6 residents of the district and to the state board for the quality of the schools

1-7 and the educational achievement of the pupils in the district, including,

1-8 without limitation, pupils enrolled in charter schools in the school district.

1-9 2. The board of trustees of each school district shall, on or before

1-10 March 31 of each year, report to the residents of the district concerning:

1-11 (a) The educational goals and objectives of the school district.

2-1 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

2-2 district and the district as a whole, including, without limitation, each

2-3 charter school in the district. Unless otherwise directed by the department,

2-4 the board of trustees of the district shall base its report on the results of the

2-5 examinations administered pursuant to NRS 389.015 and shall compare the

2-6 results of those examinations for the current school year with those of

2-7 previous school years. The report must include, for each school in the

2-8 district, including, without limitation, each charter school in the district, and

2-9 each grade in which the examinations were administered:

2-10 (1) The number of pupils who took the examinations;

2-11 (2) An explanation of instances in which a school was exempt from

2-12 administering or a pupil was exempt from taking an examination; and

2-13 (3) A record of attendance for the period in which the examinations

2-14 were administered, including an explanation of any difference in the

2-15 number of pupils who took the examinations and the number of pupils in

2-16 attendance in that period.

2-17 In addition, the board shall also report the results of other examinations of

2-18 pupil achievement administered to pupils in the school district in grades

2-19 other than 4, 8, 10 and 11. The results of these examinations for the current

2-20 school year must be compared with those of previous school years.

2-21 (c) The ratio of pupils to teachers in kindergarten and at each grade level

2-22 for each elementary school in the district and the district as a whole,

2-23 including, without limitation, each charter school in the district, the average

2-24 class size for each required course of study for each secondary school in the

2-25 district and the district as a whole, including, without limitation, each

2-26 charter school in the district, and other data concerning licensed and

2-27 unlicensed employees of the school district.

2-28 (d) A comparison of the types of classes that each teacher has been

2-29 assigned to teach with the qualifications and licensure of the teacher, for

2-30 each school in the district and the district as a whole, including, without

2-31 limitation, each charter school in the district.

2-32 (e) The total expenditure per pupil for each school in the district and the

2-33 district as a whole, including, without limitation, each charter school in the

2-34 district.

2-35 (f) The curriculum used by the school district, including:

2-36 (1) Any special programs for pupils at an individual school; and

2-37 (2) The curriculum used by each charter school in the district.

2-38 (g) [The annual rate] Records of the attendance and truancy of pupils in

2-39 all grades, including, without limitation, the average daily attendance of

2-40 pupils, for each school in the district and the district as a whole, including,

2-41 without limitation, each charter school in the district.

3-1 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

3-2 inclusive, for each such grade, for each school in the district and for the

3-3 district as a whole.

3-4 (i) Records of attendance of teachers who provide instruction, for each

3-5 school in the district and the district as a whole, including, without

3-6 limitation, each charter school in the district.

3-7 (j) Efforts made by the school district and by each school in the district,

3-8 including, without limitation, each charter school in the district, to increase:

3-9 (1) Communication with the parents of pupils in the district; and

3-10 (2) The participation of parents in the educational process and

3-11 activities relating to the school district and each school, including, without

3-12 limitation, the existence of parent organizations and school advisory

3-13 committees.

3-14 (k) Records of incidents involving weapons or violence for each school

3-15 in the district, including, without limitation, each charter school in the

3-16 district.

3-17 (l) Records of incidents involving the use or possession of alcoholic

3-18 beverages or controlled substances for each school in the district, including,

3-19 without limitation, each charter school in the district.

3-20 (m) Records of the suspension and expulsion of pupils required or

3-21 authorized pursuant to NRS 392.466 and 392.467.

3-22 (n) The transiency rate of pupils for each school in the district and the

3-23 district as a whole, including, without limitation, each charter school in the

3-24 district.

3-25 (o) Each source of funding for the school district.

3-26 (p) For each high school in the district, including, without limitation,

3-27 each charter school in the district, the percentage of pupils who graduated

3-28 from that high school or charter school in the immediately preceding year

3-29 and enrolled in remedial courses in reading, writing or mathematics at a

3-30 university or community college within the University and Community

3-31 College System of Nevada.

3-32 (q) The technological facilities and equipment available at each school,

3-33 including, without limitation, each charter school, and the district’s plan to

3-34 incorporate educational technology at each school.

3-35 (r) Such other information as is directed by the superintendent of public

3-36 instruction.

3-37 3. The superintendent of public instruction shall:

3-38 (a) Prescribe forms for the reports required pursuant to subsection 2 and

3-39 provide the forms to the respective school districts.

3-40 (b) Provide statistical information and technical assistance to the school

3-41 districts to ensure that the reports provide comparable information with

3-42 respect to each school in each district and among the districts.

3-43 (c) Consult with a representative of the:

4-1 (1) Nevada State Education Association;

4-2 (2) Nevada Association of School Boards;

4-3 (3) Nevada Association of School Administrators;

4-4 (4) Nevada Parent Teachers Association;

4-5 (5) Budget division of the department of administration; and

4-6 (6) Legislative counsel bureau,

4-7 concerning the program and consider any advice or recommendations

4-8 submitted by the representatives with respect to the program.

4-9 4. On or before April 15 of each year, the board of trustees of each

4-10 school district shall submit to [the advisory] each board to review school

4-11 attendance created in the county pursuant to NRS 392.126 the information

4-12 required in paragraph (g) of subsection 2.

4-13 Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the

4-14 provisions set forth as sections 3 and 4 of this act.

4-15 Sec. 3. 1. If a pupil is a habitual truant, the school in which the

4-16 pupil is enrolled shall take reasonable actions designed, as applicable, to

4-17 encourage, enable or convince the pupil to attend school. If such action

4-18 by the school does not result in a sufficiently improved record of

4-19 attendance by the pupil and, except as otherwise provided in subsection 2,

4-20 the pupil has six or more unapproved absences in 1 school year, the

4-21 school shall submit a written referral of the pupil to the board to review

4-22 school attendance in the county. If more than one board to review school

4-23 attendance has been created in the county, the school shall submit the

4-24 written referral to the board that is designated for that school.

4-25 2. Upon the request of a parent or legal guardian of a pupil, a school

4-26 shall submit a written referral of a pupil who has three or more

4-27 unapproved absences in 1 school year to the board to review school

4-28 attendance in the county. If more than one board to review school

4-29 attendance has been created in the county, the school shall submit the

4-30 written referral to the board that is designated for that school.

4-31 3. A written referral of a pupil to a board to review school attendance

4-32 must include the dates on which the pupil was truant from school and all

4-33 action taken by the school to assist the pupil to attend school. The board

4-34 to review school attendance may request clarification of any information

4-35 contained in the written referral or any additional information that the

4-36 board considers necessary. The school shall provide written notice of the

4-37 referral to the parents or legal guardian of the pupil. The written notice

4-38 must include, without limitation:

4-39 (a) The name and address of the pupil referred;

4-40 (b) A written explanation of the reason for the referral;

4-41 (c) A summary of the provisions of section 4 of this act; and

4-42 (d) The address and telephone number of the board to review school

4-43 attendance.

5-1 Sec. 4. 1. Not more than 10 days after the referral of a pupil to a

5-2 board to review school attendance, the board shall, in cooperation with

5-3 the parents or legal guardian of the pupil, set a date, time and place for a

5-4 hearing to identify the factors and problems that have led to the status of

5-5 the pupil as a habitual truant. The pupil and his parents or legal guardian

5-6 shall attend the hearing held by the board. The hearing must be closed to

5-7 the public. The chairman of a board to review school attendance may

5-8 issue subpoenas for a hearing conducted pursuant to this section:

5-9 (a) In accordance with section 10 of this act, to the parent or legal

5-10 guardian of a pupil who has been referred to the board or any other

5-11 person that the board considers necessary to the hearing.

5-12 (b) In accordance with section 11 of this act, to a pupil who has been

5-13 referred to the board.

5-14 2. If a pupil and his parents or legal guardian do not attend the

5-15 hearing, the chairman of the board shall sign a petition pursuant to NRS

5-16 62.130 alleging that the pupil is a child in need of supervision.

5-17 3. If a board to review school attendance determines that the status of

5-18 a pupil as a habitual truant can be adequately addressed through

5-19 participation by the pupil in programs and services available in the

5-20 community, the board shall order the pupil to participate in such

5-21 programs and services. If the pupil does not agree to participate in such

5-22 programs and services, the chairman of the board shall sign a petition

5-23 pursuant to NRS 62.130 alleging that the pupil is a child in need of

5-24 supervision. If the pupil agrees to participate in such programs and

5-25 services, the board, the pupil and the parents or legal guardian of the

5-26 pupil shall enter into a written agreement that:

5-27 (a) Sets forth the findings of the board;

5-28 (b) Sets forth the terms and conditions of the pupil’s participation in

5-29 the programs and services designated by the board;

5-30 (c) Adequately informs the pupil and his parents or legal guardian that

5-31 if the pupil or his parents or legal guardian do not comply with the terms

5-32 of the written agreement, the chairman of the board is legally obligated to

5-33 sign a petition pursuant to NRS 62.130 alleging that the pupil is a child in

5-34 need of supervision;

5-35 (d) Adequately informs the pupil and his parents or legal guardian of

5-36 the actions that a court must take pursuant to NRS 62.224 if the court

5-37 finds that the child is in need of supervision; and

5-38 (e) Contains the signature of the chairman of the board, the pupil and

5-39 the parents or legal guardian of the pupil.

5-40 The parents or legal guardian of the pupil shall, upon the request of the

5-41 board, provide proof satisfactory to the board that the pupil is

5-42 participating in the programs and services set forth in the written

5-43 agreement.

6-1 4. The chairman of a board to review school attendance shall sign a

6-2 petition in accordance with NRS 62.130 alleging that a pupil is a child in

6-3 need of supervision if:

6-4 (a) The pupil and his parents or legal guardian fail to attend a hearing

6-5 set by the board pursuant to subsection 1;

6-6 (b) The board determines that the status of a pupil as a habitual truant

6-7 cannot be adequately addressed by requiring the pupil to participate in

6-8 programs and services available in the community;

6-9 (c) The pupil does not consent to participation in programs and

6-10 services pursuant to subsection 3; or

6-11 (d) The pupil or his parents or legal guardian violates the terms of the

6-12 written agreement entered into pursuant to subsection 3.

6-13 5. If a chairman signs such a petition, the chairman shall:

6-14 (a) Submit to the juvenile court that will hear the case written

6-15 documentation of all efforts made by the board to address the status of the

6-16 pupil as a habitual truant; and

6-17 (b) Make recommendations to the juvenile court regarding the

6-18 appropriate disposition of the case.

6-19 Sec. 5. NRS 392.126 is hereby amended to read as follows:

6-20 392.126 1. There is hereby created in each county at least one

6-21 [advisory] board to review school attendance. The membership of each

6-22 such board may consist of:

6-23 (a) One probation officer in the county who works on cases relating to

6-24 juveniles, appointed by the judge or judges of the juvenile court of the

6-25 county;

6-26 (b) One representative of a law enforcement agency in the county who

6-27 works on cases relating to juveniles, appointed by the judge or judges of the

6-28 juvenile court of the county;

6-29 (c) One representative of the district attorney for the county, appointed

6-30 by the district attorney;

6-31 (d) One parent or legal guardian of a pupil who is enrolled in a public

6-32 school in the county, appointed by the president of the board of trustees of

6-33 the school district;

6-34 (e) One member of the board of trustees of the school district, appointed

6-35 by the president of the board of trustees;

6-36 (f) One school counselor or school teacher employed by the school

6-37 district, appointed by an organization or association that represents licensed

6-38 educational personnel in the school district;

6-39 (g) One deputy sheriff in the county, appointed by the sheriff of the

6-40 county; and

6-41 (h) One representative of the local office of the division of child and

6-42 family services of the department of human resources, appointed by the

6-43 executive head of that office.

7-1 2. If more than one board to review school attendance is created in a

7-2 county, the board of trustees of the school district in the county shall

7-3 designate the schools within the school district for which each board to

7-4 review school attendance shall carry out the duties prescribed in NRS

7-5 392.128.

7-6 3. The members of each such board shall elect a chairman from among

7-7 their membership.

7-8 [3.] 4. Each member of such a board must be appointed for a term of 2

7-9 years. A vacancy in the membership of the board must be filled in the same

7-10 manner as the original appointment for the remainder of the unexpired

7-11 term.

7-12 [4.] 5. Each member of such a board serves without compensation,

7-13 except that, for each day or portion of a day during which a member of the

7-14 board attends a meeting of the board or is otherwise engaged in the

7-15 business of the board, he is entitled to receive the per diem allowance and

7-16 travel expenses provided for state officers and employees generally. The

7-17 board of trustees of the school district shall pay the per diem allowance and

7-18 travel expenses from the general fund of the school district.

7-19 Sec. 6. NRS 392.127 is hereby amended to read as follows:

7-20 392.127 The board of trustees of each school district shall provide

7-21 administrative support to [the advisory] each board to review school

7-22 attendance created [for] in its county pursuant to NRS 392.126.

7-23 Sec. 7. NRS 392.128 is hereby amended to read as follows:

7-24 392.128 1. Each [advisory] board to review school attendance created

7-25 pursuant to NRS 392.126 shall:

7-26 (a) Review the records of the [rate of] attendance and truancy of pupils

7-27 submitted to the [advisory] board to review school attendance by the board

7-28 of trustees of the school district pursuant to subsection 4 of NRS 385.347;

7-29 (b) Identify factors that contribute to the [rate of] truancy of pupils in the

7-30 school district;

7-31 (c) Establish programs to reduce the [rate of] truancy of pupils in the

7-32 school district;

7-33 (d) At least annually, evaluate the effectiveness of those programs;

7-34 (e) Establish a procedure for schools and school districts for the

7-35 reporting of the status of pupils as habitual truants ; and [the issuance of

7-36 citations pursuant to NRS 392.142; and]

7-37 (f) Inform the parents and legal guardians of the pupils who are enrolled

7-38 in the schools within the district of the policies and procedures adopted

7-39 pursuant to the provisions of this section.

7-40 If more than one board to review school attendance is created in a county,

7-41 the chairman of each board shall ensure that the members of the boards

7-42 work cooperatively to carry out the duties prescribed in this subsection.

8-1 2. [An advisory] A board to review school attendance created in a

8-2 county pursuant to NRS 392.126 may use money appropriated by the

8-3 legislature and any other money made available to the [advisory] board for

8-4 the use of programs to reduce the truancy of pupils in the school district.

8-5 [The advisory] A board to review school attendance shall, on a quarterly

8-6 basis, provide to the board of trustees of the school district an accounting of

8-7 the money used by the [advisory] board to review school attendance to

8-8 reduce the [rate of] truancy of pupils in the school district.

8-9 Sec. 8. NRS 392.130 is hereby amended to read as follows:

8-10 392.130 1. Within the meaning of this chapter, a pupil shall be

8-11 deemed a truant who is absent from school without the written approval of

8-12 his teacher or the principal of the school, unless the pupil is physically or

8-13 mentally unable to attend school. The teacher or principal shall give his

8-14 written approval for a pupil to be absent if an emergency exists or upon the

8-15 request of a parent or legal guardian of the pupil. Before a pupil may attend

8-16 or otherwise participate in school activities outside the classroom during

8-17 regular classroom hours, he must receive the approval of the teacher or

8-18 principal.

8-19 2. [Absence] An unapproved absence for any part of a school day shall

8-20 be deemed a truancy for the purposes of this section.

8-21 3. The board of trustees of each school district shall establish a policy

8-22 that establishes the conditions under which a pupil who has an approved

8-23 absence for part of the school day will not be deemed absent for the full

8-24 school day.

8-25 4. If a pupil is physically or mentally unable to attend school, the

8-26 parent or legal guardian or other person having control or charge of the

8-27 pupil shall notify the teacher or principal of the school orally or in writing

8-28 within 3 days after the pupil returns to school.

8-29 [4.] 5. An absence which has not been approved pursuant to subsection

8-30 1 or [3] 4 shall be deemed an unapproved absence. In the event of an

8-31 unapproved absence, the teacher, attendance officer or other school official

8-32 shall deliver or cause to be delivered a written notice of truancy to the

8-33 parent, legal guardian or other person having control or charge of the child.

8-34 The written notice must be delivered to the parent, legal guardian or other

8-35 person who has control of the child. The written notice must inform the

8-36 parents or legal guardian of such absences in a form specified by the

8-37 department.

8-38 [5.] 6. As used in this section, "physically or mentally unable to attend"

8-39 does not include a physical or mental condition for which a pupil is excused

8-40 pursuant to NRS 392.050.

8-41 Sec. 9. Chapter 62 of NRS is hereby amended by adding thereto the

8-42 provisions set forth as sections 10 and 11 of this act.

9-1 Sec. 10. 1. The chairman of a board to review school attendance

9-2 created pursuant to NRS 392.126 may issue a subpoena to compel the

9-3 attendance of an adult to be a witness, give testimony and produce books

9-4 and papers, as applicable, at a hearing conducted by the board pursuant

9-5 to section 4 of this act. A subpoena must be signed by the chairman of the

9-6 board or a person designated by the chairman for this purpose. If an

9-7 adult fails to comply with a subpoena, the chairman of the board may

9-8 apply to the court for enforcement of the subpoena. The court may, upon

9-9 receipt of an application for enforcement, compel the attendance of

9-10 witnesses, the giving of testimony and the production of books and papers

9-11 as required by the subpoena.

9-12 2. If a witness refuses to attend or testify or produce any books or

9-13 papers required by the subpoena, the chairman of the board to review

9-14 school attendance may report to the court by petition, setting forth:

9-15 (a) That due notice has been given of the time and place of attendance

9-16 of the witness or the production of the books and papers;

9-17 (b) That the witness has been subpoenaed in accordance with this

9-18 section; and

9-19 (c) That the witness has failed and refused to attend or produce the

9-20 books or papers required by subpoena before the chairman of the board

9-21 to review school attendance named in the subpoena, or has refused to

9-22 answer questions propounded to him in the course of the hearing,

9-23 and asking an order of the court compelling the witness to attend and

9-24 testify or produce the books or papers before the chairman.

9-25 3. The court, upon petition of the chairman of the board to review

9-26 school attendance, shall enter an order directing the witness to appear

9-27 before the court at a time and place to be fixed by the court in the order,

9-28 the time to be not more than 10 days after the date of the order, and then

9-29 and there show cause why he has not attended or testified or produced the

9-30 books or papers before the chairman of the board to review school

9-31 attendance. A certified copy of the order must be served upon the witness.

9-32 If it appears to the court that the subpoena was regularly issued by the

9-33 chairman of the board to review school attendance, the court shall

9-34 thereupon enter an order that the witness appear before the chairman at

9-35 the time and place fixed in the order and testify or produce the required

9-36 books or papers, and upon failure to obey the order, the witness must be

9-37 dealt with as for contempt of court.

9-38 4. An adult subject to the jurisdiction of the court pursuant to this

9-39 section is subject to the provisions of NRS 62.281 and has available to

9-40 him all of the rights, remedies and writs guaranteed by the constitution

9-41 and the laws of this state to a defendant who is charged with having

9-42 committed a criminal offense in this state.

10-1 Sec. 11. 1. The chairman of a board to review school attendance

10-2 created pursuant to NRS 392.126 may issue a subpoena to a child who

10-3 has been referred to the board pursuant to section 3 of this act to compel

10-4 the child to attend, give testimony or produce books and papers, as

10-5 applicable, at a hearing conducted pursuant to section 4 of this act. A

10-6 subpoena must be signed by the chairman of the board or a person

10-7 designated by the chairman for this purpose. If a child fails to comply

10-8 with a subpoena, the chairman of the board may apply to the court for

10-9 enforcement of the subpoena. The court may, upon receipt of an

10-10 application for enforcement, compel the child to attend, give testimony

10-11 and produce books and papers as required by the subpoena.

10-12 2. If a child refuses to attend or testify or produce any books or

10-13 papers required by the subpoena, the chairman of the board to review

10-14 school attendance may report to the court by petition, setting forth:

10-15 (a) That due notice has been given of the time and place of attendance

10-16 of the child or the production of the books and papers;

10-17 (b) That the child has been subpoenaed in accordance with this

10-18 section; and

10-19 (c) That the child has failed and refused to attend or produce the books

10-20 or papers required by subpoena before the chairman named in the

10-21 subpoena, or has refused to answer questions propounded to him in the

10-22 course of the hearing,

10-23 and asking an order of the court compelling the child to attend and testify

10-24 or produce the books or papers before the chairman.

10-25 3. The court, upon petition of the chairman of the board to review

10-26 school attendance, shall enter an order directing the child to appear

10-27 before the court at a time and place to be fixed by the court in the order,

10-28 the time to be not more than 10 days after the date of the order, and then

10-29 and there show cause why he has not attended or testified or produced the

10-30 books or papers before the chairman. A certified copy of the order must

10-31 be served upon the child. If it appears to the court that the subpoena was

10-32 regularly issued by the chairman, the court shall thereupon enter an

10-33 order that the child appear before the chairman at the time and place

10-34 fixed in the order and testify or produce the required books or papers.

10-35 Failure to obey the order shall be deemed to be a delinquent act, and

10-36 proceedings may be brought against the child pursuant to the provisions

10-37 of this chapter.

10-38 Sec. 12. NRS 62.043 is hereby amended to read as follows:

10-39 62.043 [The] Except as otherwise provided in section 10 of this act,

10-40 the court has such jurisdiction over adults as is incidental to its jurisdiction

10-41 over children, including jurisdiction over the parents, guardians and

10-42 custodians of children adjudicated to be delinquent or in need of

10-43 supervision. An adult subject to the jurisdiction of the court pursuant to

11-1 this section is subject to the provisions of NRS 62.281 and has available to

11-2 him all of the rights, remedies and writs guaranteed by the constitution and

11-3 the laws of this state to a defendant who is charged with having committed

11-4 a criminal offense in this state.

11-5 Sec. 13. NRS 62.090 is hereby amended to read as follows:

11-6 62.090 1. The judge, in his discretion, may appoint any person

11-7 qualified by previous experience, training and demonstrated interest in the

11-8 welfare of children as master. The master, upon the order of the judge in

11-9 proceedings arising under the provisions of this chapter, may swear

11-10 witnesses and take evidence. No probation officer may act as master unless

11-11 the proceeding concerns [only a minor] a:

11-12 (a) Minor traffic offense [.] ; or

11-13 (b) Child who is alleged to be in need of supervision because he is a

11-14 habitual truant.

11-15 2. Each master who is first appointed after July 1, 1981, shall attend

11-16 instruction at the National College of Juvenile and Family Law in Reno,

11-17 Nevada, in a course designed for the training of new judges of the juvenile

11-18 courts on the first occasion when such instruction is offered after he is

11-19 appointed.

11-20 3. The compensation of a master in juvenile sessions may not be taxed

11-21 against the parties, but when fixed by the judge must be paid out of

11-22 appropriations made for the expenses of the district court.

11-23 4. The judge may direct that the facts in any juvenile court proceeding,

11-24 from the inception of the matter, be found by the master in the same

11-25 manner as in the district court. Within 10 days after the evidence before

11-26 him is closed, the master shall file with the judge all papers relating to the

11-27 case, written findings of fact and recommendations.

11-28 5. Notice in writing of the master’s findings and recommendations,

11-29 together with the notice of right of appeal as provided in this section, must

11-30 be given by the master, or someone designated by him, to the parent,

11-31 guardian or custodian, if any, of the child, to the child’s attorney, to the

11-32 district attorney, and to any other person concerned. A hearing by the court

11-33 must be allowed if a person entitled to notice files with the court a request

11-34 for a hearing and the request is filed within 5 days after the giving of the

11-35 notice. The findings and recommendations of the master, upon approval by

11-36 the court evidenced by signature, constitute a decree of the court.

11-37 Sec. 14. NRS 62.130 is hereby amended to read as follows:

11-38 62.130 1. A petition alleging that a child is delinquent or a petition

11-39 for revocation may be signed by any person, including the district attorney,

11-40 who has knowledge of the facts alleged, or is informed of them and

11-41 believes that they are true.

11-42 2. A petition alleging that a child is in need of supervision may be

11-43 signed only by:

12-1 (a) A representative of a public or private agency licensed or authorized

12-2 to provide care or supervision of children;

12-3 (b) A representative of a public or private agency providing social

12-4 service for families; [or]

12-5 (c) A school officer, law enforcement officer or probation officer [.] ; or

12-6 (d) The chairman of a board to review school attendance pursuant to

12-7 section 4 of this act.

12-8 3. The district attorney shall prepare and sign every petition alleging

12-9 delinquency or need of supervision, and shall represent the petitioner in all

12-10 proceedings.

12-11 4. The petition must be entitled, "In the Matter of ................, a child,"

12-12 and must be verified by the person who signs it.

12-13 5. The petition must set forth specifically:

12-14 (a) The facts which bring the child within the jurisdiction of the court as

12-15 indicated in NRS 62.040, and the date when delinquency occurred or need

12-16 of supervision arose . [;]

12-17 (b) The name, date of birth and address of the residence of the child . [;]

12-18 (c) The names and address of the residence of his parents, guardian or

12-19 custodian, and spouse if any. If neither of his parents, guardian or custodian

12-20 resides or can be found within [the] this state, or if their addresses are

12-21 unknown, the petition must state the name of any known adult relative

12-22 residing within [the] this state, or if there is none, the known adult relative

12-23 residing nearest to the court . [; and]

12-24 (d) Whether the child is in custody, and if so, the place of detention and

12-25 the time he was taken into custody.

12-26 6. When any of the facts required by subsection 5 are not known, the

12-27 petition must so state.

Sec. 15. NRS 62.224 is hereby amended to read as follows:

12-28 62.224 1. In addition to any other action authorized pursuant to the

12-29 provisions of this chapter, if a child is found to be in need of supervision

12-30 because he is a habitual truant, the court shall:

12-31 (a) The first time the child is found to be in need of supervision because

12-32 he is a habitual truant:

12-33 (1) Order the child to pay a fine of not more than $100 pursuant to

12-34 paragraph (l) of subsection 1 of NRS 62.211 and the administrative

12-35 assessment required by NRS 62.223; and

12-36 (2) If the child is 14 years of age or older, order the suspension of the

12-37 child’s driver’s license for at least 30 days [.] but not more than 2 years. If

12-38 the child does not possess a driver’s license, the court shall prohibit the

12-39 child from applying for a driver’s license for at least 30 days [:] but not

12-40 more than 2 years:

12-41 (I) Immediately following the date of the order if the child is

12-42 eligible to apply for a driver’s license; or

13-1 (II) After the date he becomes eligible to apply for a driver’s

13-2 license if the child is not eligible to apply for a driver’s license.

13-3 (b) The second or any subsequent time the child is found to be in need

13-4 of supervision because he is a habitual truant:

13-5 (1) Order the child to:

13-6 (I) Pay a fine of not more than $200 pursuant to paragraph (l) of

13-7 subsection 1 of NRS 62.211 and the administrative assessment required by

13-8 NRS 62.223;

13-9 (II) Perform not more than 10 hours of community service in

13-10 compliance with the provisions of subsection 3; or

13-11 (III) Comply with the requirements set forth in both

13-12 sub-subparagraphs (I) and (II); and

13-13 (2) If the child is 14 years of age or older, order the suspension of the

13-14 child’s driver’s license for [60 days.] at least 90 days but not more than 2

13-15 years. If the child does not possess a driver’s license, the court shall

13-16 prohibit the child from applying for a driver’s license for [60 days:] at least

13-17 90 days but not more than 2 years:

13-18 (I) Immediately following the date of the order if the child is

13-19 eligible to apply for a driver’s license; or

13-20 (II) After the date he becomes eligible to apply for a driver’s

13-21 license if the child is not eligible to apply for a driver’s license.

13-22 2. The [juvenile] court may suspend the payment of a fine ordered

13-23 pursuant to paragraph (a) of subsection 1 if the child attends school for 60

13-24 consecutive school days after the imposition of the fine, or has a valid

13-25 excuse acceptable to his teacher or the principal for any absence from

13-26 school within that period.

13-27 3. The community service ordered pursuant to subsection 1 must be

13-28 performed:

13-29 (a) For and under the supervising authority of a county, city, town or

13-30 other political subdivision or agency of this state or a charitable

13-31 organization that renders service to the community or its residents; and

13-32 (b) At the child’s school of attendance, if practicable.

13-33 4. If the court issues an order suspending a child’s driver’s license

13-34 pursuant to subsection 1, the [judge] court shall require the child to

13-35 surrender to the court all driver’s licenses then held by the child.

13-36 Sec. 16. NRS 483.495 is hereby amended to read as follows:

13-37 483.495 The department shall by regulation:

13-38 1. Except as otherwise provided in NRS 62.2263 and 62.227 and

13-39 paragraph (h) of subsection 1 of NRS 62.211 , [, subsection 7 of NRS

13-40 62.224, NRS 62.2263 and 62.227,] set forth any tests and other

13-41 requirements which are a condition for the reinstatement of a license after

13-42 any suspension, revocation, cancellation or voluntary surrender of the

13-43 license. The tests and requirements:

14-1 (a) Must provide for a fair evaluation of a person’s ability to operate a

14-2 motor vehicle; and

14-3 (b) May allow for the waiver of certain tests or requirements as the

14-4 department deems necessary.

14-5 2. Set forth the circumstances under which the administrator may, for

14-6 good cause shown, rescind the revocation, suspension or cancellation of a

14-7 license, or shorten the period for the suspension of a license.

14-8 Sec. 17. NRS 392.142 is hereby repealed.

14-9 Sec. 18. The amendatory provisions of section 15 of this act do not

14-10 apply to children who are found in need of supervision because they are

14-11 habitual truants if all acts of truancy were committed before July 1, 1999.

14-12 Sec. 19. This act becomes effective on July 1, 1999.

 

14-13 TEXT OF REPEALED SECTION

 

14-14 392.142 Habitual truant: Name of pupil reported to law

14-15 enforcement agency; issuance of citation to appear before juvenile

14-16 court; form of citation.

14-17 1. The principal of a school shall report to the appropriate local law

14-18 enforcement agency the name of any pupil enrolled in that school who is a

14-19 habitual truant.

14-20 2. Upon receipt of such a report, if it appears after investigation that the

14-21 pupil is a habitual truant, the law enforcement agency shall prepare a

14-22 written citation directing the pupil to appear in the proper juvenile court.

14-23 3. A copy of the citation must be delivered to the pupil and to the

14-24 parent, guardian or any other person who has control or charge of the pupil

14-25 by:

14-26 (a) The local law enforcement agency;

14-27 (b) A school police officer employed by the board of trustees of the

14-28 school district; or

14-29 (c) An attendance officer appointed by the board of trustees of the

14-30 school district.

14-31 4. The citation must be in the form prescribed for misdemeanor

14-32 citations in NRS 171.1773.

~