AB15

Assembly Bill No. 15–Committee on Education

CHAPTER........

AN ACT relating to education; revising provisions governing the programs of accountability

of school districts; making various changes regarding truancy and the discipline of

pupils who are habitual truants; providing that an enrolled pupil who is 17 years of

age but less than 18 years of age is subject to the truancy statutes; expanding the

circumstances under which a school district may permit children to be transported

on school buses and vehicles; 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; and providing

other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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,

in cooperation with associations recognized by the state board as

representing licensed personnel in education in the district, shall adopt a

program providing for the accountability of the school district to the

residents of the district and to the state board for the quality of the schools

and the educational achievement of the pupils in the district, including,

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

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

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

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

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

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

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

the board of trustees of the district shall base its report on the results of the

examinations administered pursuant to NRS 389.015 and shall compare the

results of those examinations for the current school year with those of

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

district, including, without limitation, each charter school in the district,

and each grade in which the examinations were administered:

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

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

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

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

were administered, including an explanation of any difference in the

number of pupils who took the examinations and the number of pupils in

attendance in that period.

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

pupil achievement administered to pupils in the school district in grades

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

school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level

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

including, without limitation, each charter school in the district, the average

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

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

charter school in the district, and other data concerning licensed and

unlicensed employees of the school district.

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

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

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

limitation, each charter school in the district.

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

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

district.

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

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

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

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

all grades, including, without limitation, the average daily attendance of

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

without limitation, each charter school in the district.

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

inclusive, for each such grade, for each school in the district and for the

district as a whole [.] , excluding pupils who:

(1) Provide proof to the school district of successful completion of

the examinations of general educational development.

(2) Are enrolled in courses that are approved by the department as

meeting the requirements for an adult standard diploma.

(3) Withdraw from school to attend another school.

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

school in the district and the district as a whole, including, without

limitation, each charter school in the district.

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

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

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

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

activities relating to the school district and each school, including, without

limitation, the existence of parent organizations and school advisory

committees.

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

in the district, including, without limitation, each charter school in the

district.

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

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

without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or

authorized pursuant to NRS 392.466 and 392.467.

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

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

district.

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

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

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

from that high school or charter school in the immediately preceding year

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

university or community college within the University and Community

College System of Nevada.

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

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

incorporate educational technology at each school.

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

instruction.

(s) The number of habitual truants who are reported to a school police

officer or law enforcement agency pursuant to paragraph (a) of

subsection 2 of section 3 of this act and the number of habitual truants

who are referred to an advisory board to review school attendance

pursuant to paragraph (b) of subsection 2 of section 3 of this act, for

each school in the district and for the district as a whole.

3. The superintendent of public instruction shall:

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

provide the forms to the respective school districts.

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

districts to ensure that the reports provide comparable information with

respect to each school in each district and among the districts.

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teachers Association;

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

(6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations

submitted by the representatives with respect to the program.

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

school district shall submit to [~~the advisory]~~ each board to review school

attendance created in the county pursuant to NRS 392.126 the information

required in paragraph (g) of subsection 2.

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

provisions set forth as sections 2.5 to 5, inclusive, of this act.

Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the

contrary, the provisions of sections 3, 4 and 5 of this act apply to all

pupils who are less than 18 years of age and enrolled in public schools,

including, without limitation, pupils who are 17 years of age or older but

less than 18 years of age.

Sec. 3. 1. If a pupil has one or more unapproved absences from

school, the school in which the pupil is enrolled shall take reasonable

actions designed, as applicable, to encourage, enable or convince the

pupil to attend school.

2. If a pupil is a habitual truant pursuant to NRS 392.140, the

principal of the school shall:

(a) Report the pupil to a school police officer or to the local law

enforcement agency for investigation and issuance of a citation, if

warranted, in accordance with NRS 392.142; or

(b) If the parent or legal guardian of a pupil has signed a written

consent pursuant to subsection 4, submit a written referral of the pupil to

the advisory board to review school attendance in the county in

accordance with section 4 of this act.

3. The board of trustees of each school district shall adopt criteria to

determine whether the principal of a school shall report a pupil to a

school police officer or law enforcement agency pursuant to paragraph

(a) of subsection 2 or refer a pupil to an advisory board to review school

attendance pursuant to paragraph (b) of subsection 2.

4. If the principal of a school makes an initial determination to

submit a written referral of a pupil to the advisory board to review school

attendance, the principal shall notify the parent or legal guardian of the

pupil and request the parent or legal guardian to sign a written consent

that authorizes the school and, if applicable, the school district to release

the records of the pupil to the advisory board to the extent that such

release is necessary for the advisory board to carry out its duties pursuant

to sections 4 and 5 of this act. The written consent must comply with the

applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99.

If the parent or legal guardian refuses to sign the consent, the principal

shall report the pupil to a school police officer or to a local law

enforcement agency pursuant to paragraph (a) of subsection 2.

Sec. 4. A written referral of a pupil to an advisory board to review

school attendance must include the dates on which the pupil was truant

from school and all action taken by the school to assist the pupil to attend

school. The advisory board may request clarification of any information

contained in the written referral or any additional information that the

advisory board considers necessary. The school shall provide written

notice of the referral to the parents or legal guardian of the pupil. The

written notice must include, without limitation:

1. The name and address of the pupil referred;

2. A written explanation of the reason for the referral;

3. A summary of the provisions of section 5 of this act; and

4. The address and telephone number of the advisory board to review

school attendance.

Sec. 5. 1. If an advisory board to review school attendance receives

a written referral of a pupil pursuant to section 4 of this act, the advisory

board shall set a date, time and place for a hearing. The pupil and his

parents or legal guardian shall attend the hearing held by the advisory

board. The hearing must be closed to the public. The chairman of an

advisory board to review school attendance may request that subpoenas

for a hearing conducted pursuant to this section be issued to:

(a) The parent or legal guardian of a pupil who has been referred to

the advisory board or any other person that the advisory board considers

necessary to the hearing.

(b) A pupil who has been referred to the advisory board.

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

hearing, the chairman of the advisory board shall report the pupil to a

school police officer or to the appropriate local law enforcement agency

for investigation and issuance of a citation, if warranted in accordance

with NRS 392.142.

3. If an advisory board to review school attendance determines that

the status of a pupil as a habitual truant can be adequately addressed

through participation by the pupil in programs and services available in

the community, the advisory board shall order the pupil to participate in

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

such programs and services, the chairman of the advisory board shall

report the pupil to a school police officer or to the appropriate local law

enforcement agency for investigation and issuance of a citation, if

warranted in accordance with NRS 392.142. If the pupil agrees to

participate in such programs and services, the advisory board, the pupil

and the parents or legal guardian of the pupil shall enter into a written

agreement that:

(a) Sets forth the findings of the advisory board;

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

the programs and services designated by the advisory board; and

(c) Adequately informs the pupil and his parents or legal guardian

that if the pupil or his parents or legal guardian do not comply with the

terms of the written agreement, the chairman of the advisory board is

legally obligated to report the pupil to a school police officer or to the

appropriate local law enforcement agency for investigation and issuance

of a citation, if warranted in accordance with NRS 392.142.

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

advisory board, provide proof satisfactory to the advisory board that the

pupil is participating in the programs and services set forth in the written

agreement.

4. The chairman of an advisory board to review school attendance

shall report a pupil to a school police officer or to the appropriate local

law enforcement agency if:

(a) The pupil and his parents or legal guardian fail to attend a

hearing set by the advisory board pursuant to subsection 1;

(b) The advisory board determines that the status of a pupil as a

habitual truant cannot be adequately addressed by requiring the pupil to

participate in programs and services available in the community;

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

services pursuant to subsection 3; or

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

written agreement entered into pursuant to subsection 3.

5. If a chairman of an advisory board makes such a report to a

school police officer or local law enforcement agency, the chairman

shall:

(a) Submit to the school police officer or law enforcement agency, as

applicable, written documentation of all efforts made by the advisory

board to address the status of the pupil as a habitual truant; and

(b) Make recommendations to the school police officer or law

enforcement agency, as applicable, regarding the appropriate disposition

of the case.

6. If the parents or legal guardian of a pupil enter into a written

agreement pursuant to this section, the parents or legal guardian may

appeal to the board of trustees of the school district a determination

made by the advisory board concerning the contents of the written

agreement. Upon receipt of such a request, the board of trustees of the

school district shall review the determination in accordance with the

procedure established by the board of trustees for such matters.

7. The board of trustees of each school district shall adopt policies

and rules to protect the confidentiality of the deliberations, findings and

determinations made by an advisory board and information concerning a

pupil and the family of a pupil. An advisory board shall not disclose

information concerning the records of a pupil or services provided to a

pupil or his family unless the disclosure is specifically authorized by

statute or by the policies and rules of the board of trustees and is

necessary for the advisory board to carry out its duties.

Sec. 5.5. NRS 392.122 is hereby amended to read as follows:

392.122 1. The board of trustees of each school district shall

prescribe a minimum number of days that a pupil who is enrolled in a

school in the district must be in attendance for the pupil to be promoted to

the next higher grade. For the purposes of this subsection, the days on

which a pupil is not in attendance because the pupil is:

(a) Physically or mentally unable to attend school; or

(b) Absent for up to 10 days within 1 school year with the approval of

the teacher or principal of the school pursuant to NRS 392.130 and only

if he has completed course-work requirements,

must be credited towards the required days of attendance.

2. A school shall inform the parents or legal guardian of each pupil

who is enrolled in the school that the parents or legal guardian and the pupil

are required to comply with the provisions governing the attendance and

truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any

other rules concerning attendance and truancy adopted by the board of

trustees of the school district.

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

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

advisory board to review school attendance. The membership of each such

board may consist of:

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

juveniles, appointed by the judge or judges of the juvenile court of the

county;

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

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

the juvenile court of the county;

by the district attorney;

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

school in the county, or his designee or alternate who is also a parent or

legal guardian, appointed by the president of the board of trustees of the

school district;

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

by the president of the board of trustees;

(f) One school counselor or school teacher employed by the school

district, appointed by an organization or association that represents licensed

educational personnel in the school district;

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

county; and

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

family services of the department of human resources, appointed by the

executive head of that office.

2. The members of each such board shall elect a chairman from among

their membership.

3. Each member of such a board must be appointed for a term of 2

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

manner as the original appointment for the remainder of the unexpired

term.

4. Each member of such a board serves without compensation, except

that, for each day or portion of a day during which a member of the board

attends a meeting of the board or is otherwise engaged in the business of

the board, he is entitled to receive the per diem allowance and travel

expenses provided for state officers and employees generally. The board of

trustees of the school district shall pay the per diem allowance and travel

expenses from the general fund of the school district.

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

392.127 The board of trustees of each school district shall provide

administrative support to [~~the]~~ each advisory board to review school

attendance created [~~for]~~ in its county pursuant to NRS 392.126.

Sec. 8. NRS 392.128 is hereby amended to read as follows:

392.128 1. Each advisory board to review school attendance created

pursuant to NRS 392.126 shall:

(a) Review the records of the [~~rate of]~~ attendance and truancy of pupils

submitted to the advisory board to review school attendance by the board

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

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

the school district;

school district;

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

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

reporting of the status of pupils as habitual truants ; and [~~the issuance of~~

~~citations pursuant to NRS 392.142; and]~~

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

in the schools within the district of the policies and procedures adopted

pursuant to the provisions of this section.

2. The chairman of an advisory board may divide the advisory board

into subcommittees. The advisory board may delegate one or more of the

duties of the advisory board to a subcommittee of the advisory board,

including, without limitation, holding hearings pursuant to section 5 of

this act. If the chairman of an advisory board divides the advisory board

into subcommittees, the chairman shall notify the board of trustees of the

school district of this action. Upon receipt of such a notice, the board of

trustees shall establish rules and procedures for each such subcommittee.

A subcommittee shall abide by the applicable rules and procedures when

it takes action or makes decisions.

3. An advisory board to review school attendance created in a county

pursuant to NRS 392.126 may use money appropriated by the legislature

and any other money made available to the advisory board for the use of

programs to reduce the truancy of pupils in the school district. The advisory

board to review school attendance shall, on a quarterly basis, provide to the

board of trustees of the school district an accounting of the money used by

the advisory board to review school attendance to reduce the [~~rate of]~~

truancy of pupils in the school district.

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

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

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

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

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

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

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

or otherwise participate in school activities outside the classroom during

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

principal.

2. [~~Absence for any part]~~ An unapproved absence for at least one

period, or the equivalent of one period for the school, of a school day

~~[shall]~~ may be deemed a truancy for the purposes of this section.

3. If a pupil is physically or mentally unable to attend school, the

parent or legal guardian or other person having control or charge of the

pupil shall notify the teacher or principal of the school orally or in writing ,

in accordance with the policy established by the board of trustees of the

school district, within 3 days after the pupil returns to school.

4. An absence which has not been approved pursuant to subsection 1 or

3 shall be deemed an unapproved absence. In the event of an unapproved

absence, the teacher, attendance officer or other school official shall deliver

or cause to be delivered a written notice of truancy to the parent, legal

guardian or other person having control or charge of the child. The written

notice must be delivered to the parent, legal guardian or other person who

has control of the child. The written notice must inform the parents or legal

guardian of such absences in a form specified by the department.

5. As used in this section, "physically or mentally unable to attend"

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

pursuant to NRS 392.050.

6. Notwithstanding the provisions of NRS 392.040 to the contrary,

the provisions of this section apply to all pupils who are less than 18

years of age and enrolled in public schools, including, without limitation,

pupils who are 17 years of age or older but less than 18 years of age.

Sec. 10. NRS 392.140 is hereby amended to read as follows:

392.140 1. Any child who has been declared a truant three or more

times within one school year must be declared a habitual truant.

2. Any child who has once been declared a habitual truant and who in

an immediately succeeding year is absent from school without the written:

(a) Approval of his teacher or the principal of the school pursuant to

subsection 1 of NRS 392.130; or

(b) Notice of his parent or legal guardian or other person who has

control or charge over the pupil pursuant to subsection 3 of NRS
392.130,

may again be declared a habitual truant.

3. Notwithstanding the provisions of NRS 392.040 to the contrary,

Sec. 11. NRS 392.142 is hereby amended to read as follows:

392.142 1. [~~The principal of a school shall report to the appropriate~~

local law enforcement agency the name of any pupil enrolled in that school

who is a habitual truant.

~~2.]~~ Upon receipt of [~~such]~~ a report [,] pursuant to section 3 or 5 of this

act, if it appears after investigation that [~~the]~~ a pupil is a habitual truant, the

school police officer or law enforcement agency to whom the report is

made shall prepare manually or electronically a citation directing the pupil

to appear in the proper juvenile court.

[~~3.]~~ 2. A copy of the citation must be delivered to the pupil and to the

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

(a) The local law enforcement agency;

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

school district; or

school district.

[~~4.]~~ 3. The citation must be in the form prescribed for misdemeanor

citations in NRS 171.1773.

4. Notwithstanding the provisions of NRS 392.040 to the contrary,

Sec. 11.3. NRS 392.160 is hereby amended to read as follows:

392.160 1. Any peace officer, the attendance officer or any other

school officer shall, during school hours, take into custody without warrant:

(a) Any child between the ages of 7 and 17 years; and

(b) Any child who has arrived at the age of 6 years but not at the age of

7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent of schools or

other school officer as an absentee from instruction upon which he is

lawfully required to attend.

2. Any peace officer, the attendance officer or any other school

officer shall, during school hours, take into custody without warrant any

child who is 17 years of age or older but less than 18 years of age if:

(a) The child is enrolled in a public school; and

(b) A teacher, superintendent of schools or other school officer has

reported the child as absent from instruction.

3. Except as otherwise provided in subsection [~~3:]~~ 4:

(a) During school hours, the officer having custody shall forthwith

deliver the child to the superintendent of schools, principal or other school

officer at the child’s school of attendance.

(b) After school hours, the officer having custody shall deliver the child

to the parent, guardian or other person having control or charge of the

child.

[~~3.]~~ 4. The board of trustees of a school district or the governing body

of a charter school may enter into an agreement with a counseling agency to

permit delivery of the child to the agency. For the purposes of this

subsection, "counseling agency" means an agency designated by the school

district in which the child is enrolled to provide counseling for the child

and the parent, guardian or other person having control or charge of the

child.

Sec. 11.7. NRS 392.360 is hereby amended to read as follows:

392.360 1. A board of trustees of a school district may permit school

buses or vehicles belonging to the school district to be used for the

transportation of public school pupils to and from:

(a) Interscholastic contests;

(b) School festivals; or

2. In addition to the use of school buses and vehicles authorized

pursuant to subsection 1, the board of trustees of a school district may

permit school buses and vehicles belonging to the school district to be

used for the transportation of children to and from:

(a) Programs for the supervision of children before and after school;

and

(b) Other programs or activities that the board of trustees deems

appropriate,

regardless of whether such programs or activities are part of a school

program.

3. The use of school buses or vehicles belonging to the school district

for the purposes enumerated in [~~subsection 1]~~ subsections 1 and 2 is

governed by regulations made by the board of trustees, which must not

conflict with regulations of the state board . [~~of education.]~~ Proper

supervision for each vehicle so used must be furnished by school

authorities, and each school bus must be operated by a driver qualified

under the provisions of NRS 392.300 to 392.410, inclusive.

[~~3.]~~ 4. A driver shall not operate a vehicle for the purposes enumerated

in [~~subsection 1]~~ subsections 1 and 2 for more than 10 hours in a 15-hour

period. The time spent operating, inspecting, loading, unloading, repairing

and servicing the vehicle and waiting for passengers must be included in

determining the 15-hour period. After 10 hours of operating a vehicle, the

driver must rest for 10 hours before he again operates a vehicle for such

purposes.

[~~4.]~~ 5. Before January 1, 1984, the state board [~~of education]~~ shall

adopt regulations to carry out the provisions of subsection [~~3.]~~ 4.

Sec. 12. NRS 62.090 is hereby amended to read as follows:

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

qualified by previous experience, training and demonstrated interest in the

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

proceedings arising under the provisions of this chapter, may swear

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

the proceeding concerns [~~only a minor]~~ a:

(a) Minor traffic offense [.] ; or

(b) Child who is alleged to be a habitual truant.

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

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

Nevada, in a course designed for the training of new judges of the juvenile
courts on the first occasion when such instruction is offered after he is

appointed.

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

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

appropriations made for the expenses of the district court.

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

from the inception of the matter, be found by the master in the same manner

as in the district court. Within 10 days after the evidence before him is

closed, the master shall file with the judge all papers relating to the case,

written findings of fact and recommendations.

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

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

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

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

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

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

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

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

the court evidenced by signature, constitute a decree of the court.

Sec. 13. NRS 62.130 is hereby amended to read as follows:

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

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

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

believes that they are true.

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

signed only by:

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

to provide care or supervision of children;

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

service for families; or

officer or probation officer.

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

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

proceedings.

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

and must be verified by the person who signs it.

5. The petition must set forth specifically:

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

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

of supervision arose . [;]

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

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

resides or can be found within the state, or if their addresses are unknown,

the petition must state the name of any known adult relative residing within
the state, or if there is none, the known adult relative residing nearest to the

court . [~~; and]~~

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

the time he was taken into custody.

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

petition must so state.

Sec. 14. NRS 62.224 is hereby amended to read as follows:

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

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

because he is a habitual truant, the court shall:

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

he is a habitual truant:

(1) Order the child to [~~pay]~~ :

(I) Pay a fine of not more than $100 pursuant to paragraph (l) of

subsection 1 of NRS 62.211 and the administrative assessment required by

NRS 62.223; [~~and]~~ or

(II) Perform not less than 8 hours but not more than 16 hours of

community service in compliance with the provisions of subsection 3;

and

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

child’s driver’s license for at least 30 days [.] but not more than 6 months.

If the child does not possess a driver’s license, the court shall prohibit the

child from applying for a driver’s license for 30 days:

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

eligible to apply for a driver’s license; or

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

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

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

of supervision because he is a habitual truant:

(1) Order the child to:

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

subsection 1 of NRS 62.211 and the administrative assessment required by

NRS 62.223;

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

compliance with the provisions of subsection 3; or

(III) Comply with the requirements set forth in both sub

-subparagraphs (I) and (II); and

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

child’s driver’s license for at least 60 days [.] but not more than 1 year. If

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

child from applying for a driver’s license for 60 days:

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

eligible to apply for a driver’s license; or

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

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

2. The [~~juvenile]~~ court may suspend the payment of a fine ordered

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

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

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

school within that period.

3. The community service ordered pursuant to paragraph (a) or (b) of

subsection 1 must be performed:

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

other political subdivision or agency of this state or a charitable

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

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

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

pursuant to subsection 1, the [~~judge]~~ court shall require the child to

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

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

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

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

Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15,

inclusive, of this act become effective on July 1, 1999.

2. Section 11 of this act becomes effective at 12:01 a.m. on July 1,

1999.