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
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: 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 as1-4
representing licensed personnel in education in the district, shall adopt a1-5
program providing for the accountability of the school district to the1-6
residents of the district and to the state board for the quality of the schools1-7
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 before1-10
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 the2-2
district and the district as a whole, including, without limitation, each2-3
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 the2-5
examinations administered pursuant to NRS 389.015 and shall compare the2-6
results of those examinations for the current school year with those of2-7
previous school years. The report must include, for each school in the2-8
district, including, without limitation, each charter school in the district, and2-9
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 from2-12
administering or a pupil was exempt from taking an examination; and2-13
(3) A record of attendance for the period in which the examinations2-14
were administered, including an explanation of any difference in the2-15
number of pupils who took the examinations and the number of pupils in2-16
attendance in that period.2-17
In addition, the board shall also report the results of other examinations of2-18
pupil achievement administered to pupils in the school district in grades2-19
other than 4, 8, 10 and 11. The results of these examinations for the current2-20
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 level2-22
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 average2-24
class size for each required course of study for each secondary school in the2-25
district and the district as a whole, including, without limitation, each2-26
charter school in the district, and other data concerning licensed and2-27
unlicensed employees of the school district.2-28
(d) A comparison of the types of classes that each teacher has been2-29
assigned to teach with the qualifications and licensure of the teacher, for2-30
each school in the district and the district as a whole, including, without2-31
limitation, each charter school in the district.2-32
(e) The total expenditure per pupil for each school in the district and the2-33
district as a whole, including, without limitation, each charter school in the2-34
district.2-35
(f) The curriculum used by the school district, including:2-36
(1) Any special programs for pupils at an individual school; and2-37
(2) The curriculum used by each charter school in the district.2-38
(g)2-39
all grades, including, without limitation, the average daily attendance of2-40
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 the3-3
district as a whole.3-4
(i) Records of attendance of teachers who provide instruction, for each3-5
school in the district and the district as a whole, including, without3-6
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; and3-10
(2) The participation of parents in the educational process and3-11
activities relating to the school district and each school, including, without3-12
limitation, the existence of parent organizations and school advisory3-13
committees.3-14
(k) Records of incidents involving weapons or violence for each school3-15
in the district, including, without limitation, each charter school in the3-16
district.3-17
(l) Records of incidents involving the use or possession of alcoholic3-18
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 or3-21
authorized pursuant to NRS 392.466 and 392.467.3-22
(n) The transiency rate of pupils for each school in the district and the3-23
district as a whole, including, without limitation, each charter school in the3-24
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 graduated3-28
from that high school or charter school in the immediately preceding year3-29
and enrolled in remedial courses in reading, writing or mathematics at a3-30
university or community college within the University and Community3-31
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 to3-34
incorporate educational technology at each school.3-35
(r) Such other information as is directed by the superintendent of public3-36
instruction.3-37
3. The superintendent of public instruction shall:3-38
(a) Prescribe forms for the reports required pursuant to subsection 2 and3-39
provide the forms to the respective school districts.3-40
(b) Provide statistical information and technical assistance to the school3-41
districts to ensure that the reports provide comparable information with3-42
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; and4-6
(6) Legislative counsel bureau,4-7
concerning the program and consider any advice or recommendations4-8
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 each4-10
school district shall submit to4-11
attendance created in the county pursuant to NRS 392.126 the information4-12
required in paragraph (g) of subsection 2.4-13
Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the4-14
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 the4-16
pupil is enrolled shall take reasonable actions designed, as applicable, to4-17
encourage, enable or convince the pupil to attend school. If such action4-18
by the school does not result in a sufficiently improved record of4-19
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, the4-21
school shall submit a written referral of the pupil to the board to review4-22
school attendance in the county. If more than one board to review school4-23
attendance has been created in the county, the school shall submit the4-24
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 school4-26
shall submit a written referral of a pupil who has three or more4-27
unapproved absences in 1 school year to the board to review school4-28
attendance in the county. If more than one board to review school4-29
attendance has been created in the county, the school shall submit the4-30
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 attendance4-32
must include the dates on which the pupil was truant from school and all4-33
action taken by the school to assist the pupil to attend school. The board4-34
to review school attendance may request clarification of any information4-35
contained in the written referral or any additional information that the4-36
board considers necessary. The school shall provide written notice of the4-37
referral to the parents or legal guardian of the pupil. The written notice4-38
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; and4-42
(d) The address and telephone number of the board to review school4-43
attendance.5-1
Sec. 4. 1. Not more than 10 days after the referral of a pupil to a5-2
board to review school attendance, the board shall, in cooperation with5-3
the parents or legal guardian of the pupil, set a date, time and place for a5-4
hearing to identify the factors and problems that have led to the status of5-5
the pupil as a habitual truant. The pupil and his parents or legal guardian5-6
shall attend the hearing held by the board. The hearing must be closed to5-7
the public. The chairman of a board to review school attendance may5-8
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 legal5-10
guardian of a pupil who has been referred to the board or any other5-11
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 been5-13
referred to the board.5-14
2. If a pupil and his parents or legal guardian do not attend the5-15
hearing, the chairman of the board shall sign a petition pursuant to NRS5-16
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 of5-18
a pupil as a habitual truant can be adequately addressed through5-19
participation by the pupil in programs and services available in the5-20
community, the board shall order the pupil to participate in such5-21
programs and services. If the pupil does not agree to participate in such5-22
programs and services, the chairman of the board shall sign a petition5-23
pursuant to NRS 62.130 alleging that the pupil is a child in need of5-24
supervision. If the pupil agrees to participate in such programs and5-25
services, the board, the pupil and the parents or legal guardian of the5-26
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 in5-29
the programs and services designated by the board;5-30
(c) Adequately informs the pupil and his parents or legal guardian that5-31
if the pupil or his parents or legal guardian do not comply with the terms5-32
of the written agreement, the chairman of the board is legally obligated to5-33
sign a petition pursuant to NRS 62.130 alleging that the pupil is a child in5-34
need of supervision;5-35
(d) Adequately informs the pupil and his parents or legal guardian of5-36
the actions that a court must take pursuant to NRS 62.224 if the court5-37
finds that the child is in need of supervision; and5-38
(e) Contains the signature of the chairman of the board, the pupil and5-39
the parents or legal guardian of the pupil.5-40
The parents or legal guardian of the pupil shall, upon the request of the5-41
board, provide proof satisfactory to the board that the pupil is5-42
participating in the programs and services set forth in the written5-43
agreement.6-1
4. The chairman of a board to review school attendance shall sign a6-2
petition in accordance with NRS 62.130 alleging that a pupil is a child in6-3
need of supervision if:6-4
(a) The pupil and his parents or legal guardian fail to attend a hearing6-5
set by the board pursuant to subsection 1;6-6
(b) The board determines that the status of a pupil as a habitual truant6-7
cannot be adequately addressed by requiring the pupil to participate in6-8
programs and services available in the community;6-9
(c) The pupil does not consent to participation in programs and6-10
services pursuant to subsection 3; or6-11
(d) The pupil or his parents or legal guardian violates the terms of the6-12
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 written6-15
documentation of all efforts made by the board to address the status of the6-16
pupil as a habitual truant; and6-17
(b) Make recommendations to the juvenile court regarding the6-18
appropriate disposition of the case.6-19
Sec. 5. NRS 392.126 is hereby amended to read as follows: 392.126 1. There is hereby created in each county at least one6-21
6-22
such board may consist of:6-23
(a) One probation officer in the county who works on cases relating to6-24
juveniles, appointed by the judge or judges of the juvenile court of the6-25
county;6-26
(b) One representative of a law enforcement agency in the county who6-27
works on cases relating to juveniles, appointed by the judge or judges of the6-28
juvenile court of the county;6-29
(c) One representative of the district attorney for the county, appointed6-30
by the district attorney;6-31
(d) One parent or legal guardian of a pupil who is enrolled in a public6-32
school in the county, appointed by the president of the board of trustees of6-33
the school district;6-34
(e) One member of the board of trustees of the school district, appointed6-35
by the president of the board of trustees;6-36
(f) One school counselor or school teacher employed by the school6-37
district, appointed by an organization or association that represents licensed6-38
educational personnel in the school district;6-39
(g) One deputy sheriff in the county, appointed by the sheriff of the6-40
county; and6-41
(h) One representative of the local office of the division of child and6-42
family services of the department of human resources, appointed by the6-43
executive head of that office.7-1
2. If more than one board to review school attendance is created in a7-2
county, the board of trustees of the school district in the county shall7-3
designate the schools within the school district for which each board to7-4
review school attendance shall carry out the duties prescribed in NRS7-5
392.128.7-6
3. The members of each such board shall elect a chairman from among7-7
their membership.7-8
7-9
years. A vacancy in the membership of the board must be filled in the same7-10
manner as the original appointment for the remainder of the unexpired7-11
term.7-12
7-13
except that, for each day or portion of a day during which a member of the7-14
board attends a meeting of the board or is otherwise engaged in the7-15
business of the board, he is entitled to receive the per diem allowance and7-16
travel expenses provided for state officers and employees generally. The7-17
board of trustees of the school district shall pay the per diem allowance and7-18
travel expenses from the general fund of the school district.7-19
Sec. 6. NRS 392.127 is hereby amended to read as follows: 392.127 The board of trustees of each school district shall provide7-21
administrative support to7-22
attendance created7-23
Sec. 7. NRS 392.128 is hereby amended to read as follows: 392.128 1. Each7-25
pursuant to NRS 392.126 shall:7-26
(a) Review the records of the7-27
submitted to the7-28
of trustees of the school district pursuant to subsection 4 of NRS 385.347;7-29
(b) Identify factors that contribute to the7-30
school district;7-31
(c) Establish programs to reduce the7-32
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 the7-35
reporting of the status of pupils as habitual truants ; and7-36
7-37
(f) Inform the parents and legal guardians of the pupils who are enrolled7-38
in the schools within the district of the policies and procedures adopted7-39
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 boards7-42
work cooperatively to carry out the duties prescribed in this subsection.8-1
2.8-2
county pursuant to NRS 392.126 may use money appropriated by the8-3
legislature and any other money made available to the8-4
the use of programs to reduce the truancy of pupils in the school district.8-5
8-6
basis, provide to the board of trustees of the school district an accounting of8-7
the money used by the8-8
reduce the8-9
Sec. 8. NRS 392.130 is hereby amended to read as follows: 392.130 1. Within the meaning of this chapter, a pupil shall be8-11
deemed a truant who is absent from school without the written approval of8-12
his teacher or the principal of the school, unless the pupil is physically or8-13
mentally unable to attend school. The teacher or principal shall give his8-14
written approval for a pupil to be absent if an emergency exists or upon the8-15
request of a parent or legal guardian of the pupil. Before a pupil may attend8-16
or otherwise participate in school activities outside the classroom during8-17
regular classroom hours, he must receive the approval of the teacher or8-18
principal.8-19
2.8-20
be deemed a truancy for the purposes of this section.8-21
3. The board of trustees of each school district shall establish a policy8-22
that establishes the conditions under which a pupil who has an approved8-23
absence for part of the school day will not be deemed absent for the full8-24
school day.8-25
4. If a pupil is physically or mentally unable to attend school, the8-26
parent or legal guardian or other person having control or charge of the8-27
pupil shall notify the teacher or principal of the school orally or in writing8-28
within 3 days after the pupil returns to school.8-29
8-30
1 or8-31
unapproved absence, the teacher, attendance officer or other school official8-32
shall deliver or cause to be delivered a written notice of truancy to the8-33
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 other8-35
person who has control of the child. The written notice must inform the8-36
parents or legal guardian of such absences in a form specified by the8-37
department.8-38
8-39
does not include a physical or mental condition for which a pupil is excused8-40
pursuant to NRS 392.050.8-41
Sec. 9. Chapter 62 of NRS is hereby amended by adding thereto the8-42
provisions set forth as sections 10 and 11 of this act.9-1
Sec. 10. 1. The chairman of a board to review school attendance9-2
created pursuant to NRS 392.126 may issue a subpoena to compel the9-3
attendance of an adult to be a witness, give testimony and produce books9-4
and papers, as applicable, at a hearing conducted by the board pursuant9-5
to section 4 of this act. A subpoena must be signed by the chairman of the9-6
board or a person designated by the chairman for this purpose. If an9-7
adult fails to comply with a subpoena, the chairman of the board may9-8
apply to the court for enforcement of the subpoena. The court may, upon9-9
receipt of an application for enforcement, compel the attendance of9-10
witnesses, the giving of testimony and the production of books and papers9-11
as required by the subpoena.9-12
2. If a witness refuses to attend or testify or produce any books or9-13
papers required by the subpoena, the chairman of the board to review9-14
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 attendance9-16
of the witness or the production of the books and papers;9-17
(b) That the witness has been subpoenaed in accordance with this9-18
section; and9-19
(c) That the witness has failed and refused to attend or produce the9-20
books or papers required by subpoena before the chairman of the board9-21
to review school attendance named in the subpoena, or has refused to9-22
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 and9-24
testify or produce the books or papers before the chairman.9-25
3. The court, upon petition of the chairman of the board to review9-26
school attendance, shall enter an order directing the witness to appear9-27
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 then9-29
and there show cause why he has not attended or testified or produced the9-30
books or papers before the chairman of the board to review school9-31
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 the9-33
chairman of the board to review school attendance, the court shall9-34
thereupon enter an order that the witness appear before the chairman at9-35
the time and place fixed in the order and testify or produce the required9-36
books or papers, and upon failure to obey the order, the witness must be9-37
dealt with as for contempt of court.9-38
4. An adult subject to the jurisdiction of the court pursuant to this9-39
section is subject to the provisions of NRS 62.281 and has available to9-40
him all of the rights, remedies and writs guaranteed by the constitution9-41
and the laws of this state to a defendant who is charged with having9-42
committed a criminal offense in this state.10-1
Sec. 11. 1. The chairman of a board to review school attendance10-2
created pursuant to NRS 392.126 may issue a subpoena to a child who10-3
has been referred to the board pursuant to section 3 of this act to compel10-4
the child to attend, give testimony or produce books and papers, as10-5
applicable, at a hearing conducted pursuant to section 4 of this act. A10-6
subpoena must be signed by the chairman of the board or a person10-7
designated by the chairman for this purpose. If a child fails to comply10-8
with a subpoena, the chairman of the board may apply to the court for10-9
enforcement of the subpoena. The court may, upon receipt of an10-10
application for enforcement, compel the child to attend, give testimony10-11
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 or10-13
papers required by the subpoena, the chairman of the board to review10-14
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 attendance10-16
of the child or the production of the books and papers;10-17
(b) That the child has been subpoenaed in accordance with this10-18
section; and10-19
(c) That the child has failed and refused to attend or produce the books10-20
or papers required by subpoena before the chairman named in the10-21
subpoena, or has refused to answer questions propounded to him in the10-22
course of the hearing,10-23
and asking an order of the court compelling the child to attend and testify10-24
or produce the books or papers before the chairman.10-25
3. The court, upon petition of the chairman of the board to review10-26
school attendance, shall enter an order directing the child to appear10-27
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 then10-29
and there show cause why he has not attended or testified or produced the10-30
books or papers before the chairman. A certified copy of the order must10-31
be served upon the child. If it appears to the court that the subpoena was10-32
regularly issued by the chairman, the court shall thereupon enter an10-33
order that the child appear before the chairman at the time and place10-34
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, and10-36
proceedings may be brought against the child pursuant to the provisions10-37
of this chapter.10-38
Sec. 12. NRS 62.043 is hereby amended to read as follows: 62.04310-40
the court has such jurisdiction over adults as is incidental to its jurisdiction10-41
over children, including jurisdiction over the parents, guardians and10-42
custodians of children adjudicated to be delinquent or in need of10-43
supervision. An adult subject to the jurisdiction of the court pursuant to11-1
this section is subject to the provisions of NRS 62.281 and has available to11-2
him all of the rights, remedies and writs guaranteed by the constitution and11-3
the laws of this state to a defendant who is charged with having committed11-4
a criminal offense in this state.11-5
Sec. 13. NRS 62.090 is hereby amended to read as follows: 62.090 1. The judge, in his discretion, may appoint any person11-7
qualified by previous experience, training and demonstrated interest in the11-8
welfare of children as master. The master, upon the order of the judge in11-9
proceedings arising under the provisions of this chapter, may swear11-10
witnesses and take evidence. No probation officer may act as master unless11-11
the proceeding concerns11-12
(a) Minor traffic offense11-13
(b) Child who is alleged to be in need of supervision because he is a11-14
habitual truant.11-15
2. Each master who is first appointed after July 1, 1981, shall attend11-16
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 juvenile11-18
courts on the first occasion when such instruction is offered after he is11-19
appointed.11-20
3. The compensation of a master in juvenile sessions may not be taxed11-21
against the parties, but when fixed by the judge must be paid out of11-22
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 same11-25
manner as in the district court. Within 10 days after the evidence before11-26
him is closed, the master shall file with the judge all papers relating to the11-27
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, must11-30
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 the11-32
district attorney, and to any other person concerned. A hearing by the court11-33
must be allowed if a person entitled to notice files with the court a request11-34
for a hearing and the request is filed within 5 days after the giving of the11-35
notice. The findings and recommendations of the master, upon approval by11-36
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: 62.130 1. A petition alleging that a child is delinquent or a petition11-39
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 and11-41
believes that they are true.11-42
2. A petition alleging that a child is in need of supervision may be11-43
signed only by:12-1
(a) A representative of a public or private agency licensed or authorized12-2
to provide care or supervision of children;12-3
(b) A representative of a public or private agency providing social12-4
service for families;12-5
(c) A school officer, law enforcement officer or probation officer12-6
(d) The chairman of a board to review school attendance pursuant to12-7
section 4 of this act.12-8
3. The district attorney shall prepare and sign every petition alleging12-9
delinquency or need of supervision, and shall represent the petitioner in all12-10
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 as12-15
indicated in NRS 62.040, and the date when delinquency occurred or need12-16
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 or12-19
custodian, and spouse if any. If neither of his parents, guardian or custodian12-20
resides or can be found within12-21
unknown, the petition must state the name of any known adult relative12-22
residing within12-23
residing nearest to the court .12-24
(d) Whether the child is in custody, and if so, the place of detention and12-25
the time he was taken into custody.12-26
6. When any of the facts required by subsection 5 are not known, the12-27
petition must so state.Sec. 15. NRS 62.224 is hereby amended to read as follows: 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 supervision12-30
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 because12-32
he is a habitual truant:12-33
(1) Order the child to pay a fine of not more than $100 pursuant to12-34
paragraph (l) of subsection 1 of NRS 62.211 and the administrative12-35
assessment required by NRS 62.223; and12-36
(2) If the child is 14 years of age or older, order the suspension of the12-37
child’s driver’s license for at least 30 days12-38
the child does not possess a driver’s license, the court shall prohibit the12-39
child from applying for a driver’s license for at least 30 days12-40
more than 2 years:12-41
(I) Immediately following the date of the order if the child is12-42
eligible to apply for a driver’s license; or13-1
(II) After the date he becomes eligible to apply for a driver’s13-2
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 need13-4
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) of13-7
subsection 1 of NRS 62.211 and the administrative assessment required by13-8
NRS 62.223;13-9
(II) Perform not more than 10 hours of community service in13-10
compliance with the provisions of subsection 3; or13-11
(III) Comply with the requirements set forth in both13-12
sub-subparagraphs (I) and (II); and13-13
(2) If the child is 14 years of age or older, order the suspension of the13-14
child’s driver’s license for13-15
years. If the child does not possess a driver’s license, the court shall13-16
prohibit the child from applying for a driver’s license for13-17
90 days but not more than 2 years:13-18
(I) Immediately following the date of the order if the child is13-19
eligible to apply for a driver’s license; or13-20
(II) After the date he becomes eligible to apply for a driver’s13-21
license if the child is not eligible to apply for a driver’s license.13-22
2. The13-23
pursuant to paragraph (a) of subsection 1 if the child attends school for 6013-24
consecutive school days after the imposition of the fine, or has a valid13-25
excuse acceptable to his teacher or the principal for any absence from13-26
school within that period.13-27
3. The community service ordered pursuant to subsection 1 must be13-28
performed:13-29
(a) For and under the supervising authority of a county, city, town or13-30
other political subdivision or agency of this state or a charitable13-31
organization that renders service to the community or its residents; and13-32
(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 license13-34
pursuant to subsection 1, the13-35
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: 483.495 The department shall by regulation:13-38
1. Except as otherwise provided in NRS 62.2263 and 62.227 and13-39
paragraph (h) of subsection 1 of NRS 62.211 ,13-40
13-41
requirements which are a condition for the reinstatement of a license after13-42
any suspension, revocation, cancellation or voluntary surrender of the13-43
license. The tests and requirements:14-1
(a) Must provide for a fair evaluation of a person’s ability to operate a14-2
motor vehicle; and14-3
(b) May allow for the waiver of certain tests or requirements as the14-4
department deems necessary.14-5
2. Set forth the circumstances under which the administrator may, for14-6
good cause shown, rescind the revocation, suspension or cancellation of a14-7
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 not14-10
apply to children who are found in need of supervision because they are14-11
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 SECTION392.142 Habitual truant: Name of pupil reported to law
14-15
enforcement agency; issuance of citation to appear before juvenile14-16
court; form of citation.14-17
1. The principal of a school shall report to the appropriate local law14-18
enforcement agency the name of any pupil enrolled in that school who is a14-19
habitual truant.14-20
2. Upon receipt of such a report, if it appears after investigation that the14-21
pupil is a habitual truant, the law enforcement agency shall prepare a14-22
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 the14-24
parent, guardian or any other person who has control or charge of the pupil14-25
by:14-26
(a) The local law enforcement agency;14-27
(b) A school police officer employed by the board of trustees of the14-28
school district; or14-29
(c) An attendance officer appointed by the board of trustees of the14-30
school district.14-31
4. The citation must be in the form prescribed for misdemeanor14-32
citations in NRS 171.1773.~