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 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; 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:

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.

1-12 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

1-13 district and the district as a whole, including, without limitation, each

2-1 charter school in the district. Unless otherwise directed by the department,

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

2-3 examinations administered pursuant to NRS 389.015 and shall compare the

2-4 results of those examinations for the current school year with those of

2-5 previous school years. The report must include, for each school in the

2-6 district, including, without limitation, each charter school in the district,

2-7 and each grade in which the examinations were administered:

2-8 (1) The number of pupils who took the examinations;

2-9 (2) An explanation of instances in which a school was exempt from

2-10 administering or a pupil was exempt from taking an examination; and

2-11 (3) A record of attendance for the period in which the examinations

2-12 were administered, including an explanation of any difference in the

2-13 number of pupils who took the examinations and the number of pupils in

2-14 attendance in that period.

2-15 In addition, the board shall also report the results of other examinations of

2-16 pupil achievement administered to pupils in the school district in grades

2-17 other than 4, 8, 10 and 11. The results of these examinations for the current

2-18 school year must be compared with those of previous school years.

2-19 (c) The ratio of pupils to teachers in kindergarten and at each grade level

2-20 for each elementary school in the district and the district as a whole,

2-21 including, without limitation, each charter school in the district, the average

2-22 class size for each required course of study for each secondary school in the

2-23 district and the district as a whole, including, without limitation, each

2-24 charter school in the district, and other data concerning licensed and

2-25 unlicensed employees of the school district.

2-26 (d) A comparison of the types of classes that each teacher has been

2-27 assigned to teach with the qualifications and licensure of the teacher, for

2-28 each school in the district and the district as a whole, including, without

2-29 limitation, each charter school in the district.

2-30 (e) The total expenditure per pupil for each school in the district and the

2-31 district as a whole, including, without limitation, each charter school in the

2-32 district.

2-33 (f) The curriculum used by the school district, including:

2-34 (1) Any special programs for pupils at an individual school; and

2-35 (2) The curriculum used by each charter school in the district.

2-36 (g) [The annual rate] Records of the attendance and truancy of pupils in

2-37 all grades, including, without limitation, the average daily attendance of

2-38 pupils, for each school in the district and the district as a whole, including,

2-39 without limitation, each charter school in the district.

2-40 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

2-41 inclusive, for each such grade, for each school in the district and for the

2-42 district as a whole [.] , excluding pupils who:

3-1 (1) Provide proof to the school district of successful completion of

3-2 the examinations of general educational development.

3-3 (2) Are enrolled in courses that are approved by the department as

3-4 meeting the requirements for an adult standard diploma.

3-5 (3) Withdraw from school to attend another school.

3-6 (i) Records of attendance of teachers who provide instruction, for each

3-7 school in the district and the district as a whole, including, without

3-8 limitation, each charter school in the district.

3-9 (j) Efforts made by the school district and by each school in the district,

3-10 including, without limitation, each charter school in the district, to increase:

3-11 (1) Communication with the parents of pupils in the district; and

3-12 (2) The participation of parents in the educational process and

3-13 activities relating to the school district and each school, including, without

3-14 limitation, the existence of parent organizations and school advisory

3-15 committees.

3-16 (k) Records of incidents involving weapons or violence for each school

3-17 in the district, including, without limitation, each charter school in the

3-18 district.

3-19 (l) Records of incidents involving the use or possession of alcoholic

3-20 beverages or controlled substances for each school in the district, including,

3-21 without limitation, each charter school in the district.

3-22 (m) Records of the suspension and expulsion of pupils required or

3-23 authorized pursuant to NRS 392.466 and 392.467.

3-24 (n) The transiency rate of pupils for each school in the district and the

3-25 district as a whole, including, without limitation, each charter school in the

3-26 district.

3-27 (o) Each source of funding for the school district.

3-28 (p) For each high school in the district, including, without limitation,

3-29 each charter school in the district, the percentage of pupils who graduated

3-30 from that high school or charter school in the immediately preceding year

3-31 and enrolled in remedial courses in reading, writing or mathematics at a

3-32 university or community college within the University and Community

3-33 College System of Nevada.

3-34 (q) The technological facilities and equipment available at each school,

3-35 including, without limitation, each charter school, and the district’s plan to

3-36 incorporate educational technology at each school.

3-37 (r) Such other information as is directed by the superintendent of public

3-38 instruction.

3-39 (s) The number of habitual truants who are reported to a school police

3-40 officer or law enforcement agency pursuant to paragraph (a) of

3-41 subsection 2 of section 3 of this act and the number of habitual truants

3-42 who are referred to an advisory board to review school attendance

4-1 pursuant to paragraph (b) of subsection 2 of section 3 of this act, for

4-2 each school in the district and for the district as a whole.

4-3 3. The superintendent of public instruction shall:

4-4 (a) Prescribe forms for the reports required pursuant to subsection 2 and

4-5 provide the forms to the respective school districts.

4-6 (b) Provide statistical information and technical assistance to the school

4-7 districts to ensure that the reports provide comparable information with

4-8 respect to each school in each district and among the districts.

4-9 (c) Consult with a representative of the:

4-10 (1) Nevada State Education Association;

4-11 (2) Nevada Association of School Boards;

4-12 (3) Nevada Association of School Administrators;

4-13 (4) Nevada Parent Teachers Association;

4-14 (5) Budget division of the department of administration; and

4-15 (6) Legislative counsel bureau,

4-16 concerning the program and consider any advice or recommendations

4-17 submitted by the representatives with respect to the program.

4-18 4. On or before April 15 of each year, the board of trustees of each

4-19 school district shall submit to [the advisory] each board to review school

4-20 attendance created in the county pursuant to NRS 392.126 the information

4-21 required in paragraph (g) of subsection 2.

4-22 Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the

4-23 provisions set forth as sections 3, 4 and 5 of this act.

4-24 Sec. 3. 1. If a pupil has three or more unapproved absences from

4-25 school, the school in which the pupil is enrolled shall take reasonable

4-26 actions designed, as applicable, to encourage, enable or convince the

4-27 pupil to attend school.

4-28 2. If a pupil is a habitual truant pursuant to NRS 392.140, the

4-29 principal of the school shall:

4-30 (a) Report the pupil to a school police officer or to the local law

4-31 enforcement agency for investigation and issuance of a citation, if

4-32 warranted, in accordance with NRS 392.142; or

4-33 (b) Submit a written referral of the pupil to the advisory board to

4-34 review school attendance in the county in accordance with section 4 of

4-35 this act.

4-36 3. The board of trustees of each school district shall adopt criteria to

4-37 determine whether the principal of a school shall report a pupil to a

4-38 school police officer or law enforcement agency pursuant to paragraph

4-39 (a) of subsection 2 or refer a pupil to an advisory board to review school

4-40 attendance pursuant to paragraph (b) of subsection 2.

4-41 Sec. 4. A written referral of a pupil to an advisory board to review

4-42 school attendance must include the dates on which the pupil was truant

4-43 from school and all action taken by the school to assist the pupil to attend

5-1 school. The advisory board may request clarification of any information

5-2 contained in the written referral or any additional information that the

5-3 advisory board considers necessary. The school shall provide written

5-4 notice of the referral to the parents or legal guardian of the pupil. The

5-5 written notice must include, without limitation:

5-6 1. The name and address of the pupil referred;

5-7 2. A written explanation of the reason for the referral;

5-8 3. A summary of the provisions of section 5 of this act; and

5-9 4. The address and telephone number of the advisory board to review

5-10 school attendance.

5-11 Sec. 5. 1. If an advisory board to review school attendance receives

5-12 a written referral of a pupil pursuant to section 4 of this act, the advisory

5-13 board shall set a date, time and place for a hearing. The pupil and his

5-14 parents or legal guardian shall attend the hearing held by the advisory

5-15 board. The hearing must be closed to the public. The chairman of an

5-16 advisory board to review school attendance may request that subpoenas

5-17 for a hearing conducted pursuant to this section be issued to:

5-18 (a) The parent or legal guardian of a pupil who has been referred to

5-19 the advisory board or any other person that the advisory board considers

5-20 necessary to the hearing.

5-21 (b) A pupil who has been referred to the advisory board.

5-22 2. If a pupil and his parents or legal guardian do not attend the

5-23 hearing, the chairman of the advisory board shall report the pupil to a

5-24 school police officer or to the appropriate local law enforcement agency

5-25 for investigation and issuance of a citation, if warranted in accordance

5-26 with NRS 392.142.

5-27 3. If an advisory board to review school attendance determines that

5-28 the status of a pupil as a habitual truant can be adequately addressed

5-29 through participation by the pupil in programs and services available in

5-30 the community, the advisory board shall order the pupil to participate in

5-31 such programs and services. If the pupil does not agree to participate in

5-32 such programs and services, the chairman of the advisory board shall

5-33 report the pupil to a school police officer or to the appropriate local law

5-34 enforcement agency for investigation and issuance of a citation, if

5-35 warranted in accordance with NRS 392.142. If the pupil agrees to

5-36 participate in such programs and services, the advisory board, the pupil

5-37 and the parents or legal guardian of the pupil shall enter into a written

5-38 agreement that:

5-39 (a) Sets forth the findings of the advisory board;

5-40 (b) Sets forth the terms and conditions of the pupil’s participation in

5-41 the programs and services designated by the advisory board; and

5-42 (c) Adequately informs the pupil and his parents or legal guardian

5-43 that if the pupil or his parents or legal guardian do not comply with the

6-1 terms of the written agreement, the chairman of the advisory board is

6-2 legally obligated to report the pupil to a school police officer or to the

6-3 appropriate local law enforcement agency for investigation and issuance

6-4 of a citation, if warranted in accordance with NRS 392.142.

6-5 The parents or legal guardian of the pupil shall, upon the request of the

6-6 advisory board, provide proof satisfactory to the advisory board that the

6-7 pupil is participating in the programs and services set forth in the written

6-8 agreement.

6-9 4. The chairman of an advisory board to review school attendance

6-10 shall report a pupil to a school police officer or to the appropriate local

6-11 law enforcement agency if:

6-12 (a) The pupil and his parents or legal guardian fail to attend a

6-13 hearing set by the advisory board pursuant to subsection 1;

6-14 (b) The advisory board determines that the status of a pupil as a

6-15 habitual truant cannot be adequately addressed by requiring the pupil to

6-16 participate in programs and services available in the community;

6-17 (c) The pupil does not consent to participation in programs and

6-18 services pursuant to subsection 3; or

6-19 (d) The pupil or his parents or legal guardian violates the terms of the

6-20 written agreement entered into pursuant to subsection 3.

6-21 5. If a chairman of an advisory board makes such a report to a

6-22 school police officer or local law enforcement agency, the chairman

6-23 shall:

6-24 (a) Submit to the school police officer or law enforcement agency, as

6-25 applicable, written documentation of all efforts made by the advisory

6-26 board to address the status of the pupil as a habitual truant; and

6-27 (b) Make recommendations to the school police officer or law

6-28 enforcement agency, as applicable, regarding the appropriate disposition

6-29 of the case.

6-30 Sec. 6. NRS 392.126 is hereby amended to read as follows:

6-31 392.126 1. There is hereby created in each county at least one

6-32 advisory board to review school attendance. The membership of each such

6-33 board may consist of:

6-34 (a) One probation officer in the county who works on cases relating to

6-35 juveniles, appointed by the judge or judges of the juvenile court of the

6-36 county;

6-37 (b) One representative of a law enforcement agency in the county who

6-38 works on cases relating to juveniles, appointed by the judge or judges of

6-39 the juvenile court of the county;

6-40 (c) One representative of the district attorney for the county, appointed

6-41 by the district attorney;

7-1 (d) One parent or legal guardian of a pupil who is enrolled in a public

7-2 school in the county, or his designee or alternate, appointed by the

7-3 president of the board of trustees of the school district;

7-4 (e) One member of the board of trustees of the school district, appointed

7-5 by the president of the board of trustees;

7-6 (f) One school counselor or school teacher employed by the school

7-7 district, appointed by an organization or association that represents licensed

7-8 educational personnel in the school district;

7-9 (g) One deputy sheriff in the county, appointed by the sheriff of the

7-10 county; and

7-11 (h) One representative of the local office of the division of child and

7-12 family services of the department of human resources, appointed by the

7-13 executive head of that office.

7-14 2. The members of each such board shall elect a chairman from among

7-15 their membership.

7-16 3. Each member of such a board must be appointed for a term of 2

7-17 years. A vacancy in the membership of the board must be filled in the same

7-18 manner as the original appointment for the remainder of the unexpired

7-19 term.

7-20 4. Each member of such a board serves without compensation, except

7-21 that, for each day or portion of a day during which a member of the board

7-22 attends a meeting of the board or is otherwise engaged in the business of

7-23 the board, he is entitled to receive the per diem allowance and travel

7-24 expenses provided for state officers and employees generally. The board of

7-25 trustees of the school district shall pay the per diem allowance and travel

7-26 expenses from the general fund of the school district.

7-27 Sec. 7. NRS 392.127 is hereby amended to read as follows:

7-28 392.127 The board of trustees of each school district shall provide

7-29 administrative support to [the] each advisory board to review school

7-30 attendance created [for] in its county pursuant to NRS 392.126.

7-31 Sec. 8. NRS 392.128 is hereby amended to read as follows:

7-32 392.128 1. Each advisory board to review school attendance created

7-33 pursuant to NRS 392.126 shall:

7-34 (a) Review the records of the [rate of] attendance and truancy of pupils

7-35 submitted to the advisory board to review school attendance by the board

7-36 of trustees of the school district pursuant to subsection 4 of NRS 385.347;

7-37 (b) Identify factors that contribute to the [rate of] truancy of pupils in

7-38 the school district;

7-39 (c) Establish programs to reduce the [rate of] truancy of pupils in the

7-40 school district;

7-41 (d) At least annually, evaluate the effectiveness of those programs;

8-1 (e) Establish a procedure for schools and school districts for the

8-2 reporting of the status of pupils as habitual truants ; and [the issuance of

8-3 citations pursuant to NRS 392.142; and]

8-4 (f) Inform the parents and legal guardians of the pupils who are enrolled

8-5 in the schools within the district of the policies and procedures adopted

8-6 pursuant to the provisions of this section.

8-7 2. The chairman of an advisory board may divide the advisory board

8-8 into subcommittees. The advisory board may delegate one or more of the

8-9 duties of the advisory board to a subcommittee of the advisory board,

8-10 including, without limitation, holding hearings pursuant to section 5 of

8-11 this act.

8-12 3. An advisory board to review school attendance created in a county

8-13 pursuant to NRS 392.126 may use money appropriated by the legislature

8-14 and any other money made available to the advisory board for the use of

8-15 programs to reduce the truancy of pupils in the school district. The advisory

8-16 board to review school attendance shall, on a quarterly basis, provide to the

8-17 board of trustees of the school district an accounting of the money used by

8-18 the advisory board to review school attendance to reduce the [rate of]

8-19 truancy of pupils in the school district.

8-20 Sec. 9. NRS 392.130 is hereby amended to read as follows:

8-21 392.130 1. Within the meaning of this chapter, a pupil shall be

8-22 deemed a truant who is absent from school without the written approval of

8-23 his teacher or the principal of the school, unless the pupil is physically or

8-24 mentally unable to attend school. The teacher or principal shall give his

8-25 written approval for a pupil to be absent if an emergency exists or upon the

8-26 request of a parent or legal guardian of the pupil. Before a pupil may attend

8-27 or otherwise participate in school activities outside the classroom during

8-28 regular classroom hours, he must receive the approval of the teacher or

8-29 principal.

8-30 2. Absence for [any part] at least one period, or the equivalent of one

8-31 period for the school, of a school day shall be deemed a truancy for the

8-32 purposes of this section.

8-33 3. If a pupil is physically or mentally unable to attend school, the

8-34 parent or legal guardian or other person having control or charge of the

8-35 pupil shall notify the teacher or principal of the school orally or in writing ,

8-36 in accordance with the policy established by the board of trustees of the

8-37 school district, within 3 days after the pupil returns to school.

8-38 4. An absence which has not been approved pursuant to subsection 1 or

8-39 3 shall be deemed an unapproved absence. In the event of an unapproved

8-40 absence, the teacher, attendance officer or other school official shall deliver

8-41 or cause to be delivered a written notice of truancy to the parent, legal

8-42 guardian or other person having control or charge of the child. The written

8-43 notice must be delivered to the parent, legal guardian or other person who

9-1 has control of the child. The written notice must inform the parents or legal

9-2 guardian of such absences in a form specified by the department.

9-3 5. As used in this section, "physically or mentally unable to attend"

9-4 does not include a physical or mental condition for which a pupil is excused

9-5 pursuant to NRS 392.050.

9-6 Sec. 10. NRS 392.140 is hereby amended to read as follows:

9-7 392.140 1. Any child who has been declared a truant [three] five or

9-8 more times within one school year must be declared a habitual truant.

9-9 2. Any child who has once been declared a habitual truant and who in

9-10 an immediately succeeding year is absent from school without the written:

9-11 (a) Approval of his teacher or the principal of the school pursuant to

9-12 subsection 1 of NRS 392.130; or

9-13 (b) Notice of his parent or legal guardian or other person who has

9-14 control or charge over the pupil pursuant to subsection 3 of NRS 392.130,

9-15 may again be declared a habitual truant.

9-16 Sec. 11. NRS 392.142 is hereby amended to read as follows:

9-17 392.142 1. [The principal of a school shall report to the appropriate

9-18 local law enforcement agency the name of any pupil enrolled in that school

9-19 who is a habitual truant.

9-20 2.] Upon receipt of [such] a report [,] pursuant to section 3 or 5 of this

9-21 act, if it appears after investigation that [the] a pupil is a habitual truant, the

9-22 school police officer or law enforcement agency to whom the report is

9-23 made shall prepare a written citation directing the pupil to appear in the

9-24 proper juvenile court.

9-25 [3.] 2. A copy of the citation must be delivered to the pupil and to the

9-26 parent, guardian or any other person who has control or charge of the pupil

9-27 by:

9-28 (a) The local law enforcement agency;

9-29 (b) A school police officer employed by the board of trustees of the

9-30 school district; or

9-31 (c) An attendance officer appointed by the board of trustees of the

9-32 school district.

9-33 [4.] 3. The citation must be in the form prescribed for misdemeanor

9-34 citations in NRS 171.1773.

9-35 Sec. 12. NRS 62.090 is hereby amended to read as follows:

9-36 62.090 1. The judge, in his discretion, may appoint any person

9-37 qualified by previous experience, training and demonstrated interest in the

9-38 welfare of children as master. The master, upon the order of the judge in

9-39 proceedings arising under the provisions of this chapter, may swear

9-40 witnesses and take evidence. No probation officer may act as master unless

9-41 the proceeding concerns [only a minor] a:

9-42 (a) Minor traffic offense [.] ; or

9-43 (b) Child who is alleged to be a habitual truant.

10-1 2. Each master who is first appointed after July 1, 1981, shall attend

10-2 instruction at the National College of Juvenile and Family Law in Reno,

10-3 Nevada, in a course designed for the training of new judges of the juvenile

10-4 courts on the first occasion when such instruction is offered after he is

10-5 appointed.

10-6 3. The compensation of a master in juvenile sessions may not be taxed

10-7 against the parties, but when fixed by the judge must be paid out of

10-8 appropriations made for the expenses of the district court.

10-9 4. The judge may direct that the facts in any juvenile court proceeding,

10-10 from the inception of the matter, be found by the master in the same manner

10-11 as in the district court. Within 10 days after the evidence before him is

10-12 closed, the master shall file with the judge all papers relating to the case,

10-13 written findings of fact and recommendations.

10-14 5. Notice in writing of the master’s findings and recommendations,

10-15 together with the notice of right of appeal as provided in this section, must

10-16 be given by the master, or someone designated by him, to the parent,

10-17 guardian or custodian, if any, of the child, to the child’s attorney, to the

10-18 district attorney, and to any other person concerned. A hearing by the court

10-19 must be allowed if a person entitled to notice files with the court a request

10-20 for a hearing and the request is filed within 5 days after the giving of the

10-21 notice. The findings and recommendations of the master, upon approval by

10-22 the court evidenced by signature, constitute a decree of the court.

10-23 Sec. 13. NRS 62.130 is hereby amended to read as follows:

10-24 62.130 1. A petition alleging that a child is delinquent or a petition

10-25 for revocation may be signed by any person, including the district attorney,

10-26 who has knowledge of the facts alleged, or is informed of them and

10-27 believes that they are true.

10-28 2. A petition alleging that a child is in need of supervision may be

10-29 signed only by:

10-30 (a) A representative of a public or private agency licensed or authorized

10-31 to provide care or supervision of children;

10-32 (b) A representative of a public or private agency providing social

10-33 service for families; or

10-34 (c) A school police officer [,] or other school officer, law enforcement

10-35 officer or probation officer.

10-36 3. The district attorney shall prepare and sign every petition alleging

10-37 delinquency or need of supervision, and shall represent the petitioner in all

10-38 proceedings.

10-39 4. The petition must be entitled, "In the Matter of ................, a child,"

10-40 and must be verified by the person who signs it.

11-1 5. The petition must set forth specifically:

11-2 (a) The facts which bring the child within the jurisdiction of the court as

11-3 indicated in NRS 62.040, and the date when delinquency occurred or need

11-4 of supervision arose . [;]

11-5 (b) The name, date of birth and address of the residence of the child . [;]

11-6 (c) The names and address of the residence of his parents, guardian or

11-7 custodian, and spouse if any. If neither of his parents, guardian or custodian

11-8 resides or can be found within the state, or if their addresses are unknown,

11-9 the petition must state the name of any known adult relative residing within

11-10 the state, or if there is none, the known adult relative residing nearest to the

11-11 court . [; and]

11-12 (d) Whether the child is in custody, and if so, the place of detention and

11-13 the time he was taken into custody.

11-14 6. When any of the facts required by subsection 5 are not known, the

11-15 petition must so state.

11-16 Sec. 14. NRS 62.224 is hereby amended to read as follows:

11-17 62.224 1. In addition to any other action authorized pursuant to the

11-18 provisions of this chapter, if a child is found to be in need of supervision

11-19 because he is a habitual truant, the court shall:

11-20 (a) The first time the child is found to be in need of supervision because

11-21 he is a habitual truant:

11-22 (1) Order the child to [pay] :

11-23 (I) Pay a fine of not more than $100 pursuant to paragraph (l) of

11-24 subsection 1 of NRS 62.211 and the administrative assessment required by

11-25 NRS 62.223; [and]

11-26 (II) Perform not less than 8 hours but not more than 16 hours of

11-27 community service in compliance with the provisions of subsection 3; or

11-28 (III) Comply with the requirements set forth in both sub-

11-29 subparagraphs (I) and (II); and

11-30 (2) If the child is 14 years of age or older, order the suspension of the

11-31 child’s driver’s license for at least 30 days [.] but not more than 2 years. If

11-32 the child does not possess a driver’s license, the court shall prohibit the

11-33 child from applying for a driver’s license for at least 30 days [:] but not

11-34 more than 2 years:

11-35 (I) Immediately following the date of the order if the child is

11-36 eligible to apply for a driver’s license; or

11-37 (II) After the date he becomes eligible to apply for a driver’s

11-38 license if the child is not eligible to apply for a driver’s license.

11-39 (b) The second or any subsequent time the child is found to be in need

11-40 of supervision because he is a habitual truant:

11-41 (1) Order the child to:

12-1 (I) Pay a fine of not more than $200 pursuant to paragraph (l) of

12-2 subsection 1 of NRS 62.211 and the administrative assessment required by

12-3 NRS 62.223;

12-4 (II) Perform not less than 16 hours but not more than [10] 32

12-5 hours of community service in compliance with the provisions of

12-6 subsection 3; or

12-7 (III) Comply with the requirements set forth in both sub-

12-8 subparagraphs (I) and (II); and

12-9 (2) If the child is 14 years of age or older, order the suspension of the

12-10 child’s driver’s license for [60 days.] at least 90 days but not more than 2

12-11 years. If the child does not possess a driver’s license, the court shall

12-12 prohibit the child from applying for a driver’s license for [60 days:] at least

12-13 90 days but not more than 2 years:

12-14 (I) Immediately following the date of the order if the child is

12-15 eligible to apply for a driver’s license; or

12-16 (II) After the date he becomes eligible to apply for a driver’s

12-17 license if the child is not eligible to apply for a driver’s license.

12-18 2. The [juvenile] court may suspend the payment of a fine ordered

12-19 pursuant to paragraph (a) of subsection 1 if the child attends school for 60

12-20 consecutive school days after the imposition of the fine, or has a valid

12-21 excuse acceptable to his teacher or the principal for any absence from

12-22 school within that period.

12-23 3. The community service ordered pursuant to paragraph (a) or (b) of

12-24 subsection 1 must be performed:

12-25 (a) For and under the supervising authority of a county, city, town or

12-26 other political subdivision or agency of this state or a charitable

12-27 organization that renders service to the community or its residents; and

12-28 (b) At the child’s school of attendance, if practicable.

12-29 4. If the court issues an order suspending a child’s driver’s license

12-30 pursuant to subsection 1, the [judge] court shall require the child to

12-31 surrender to the court all driver’s licenses then held by the child.

12-32 Sec. 15. NRS 483.495 is hereby amended to read as follows:

12-33 483.495 The department shall by regulation:

12-34 1. Except as otherwise provided in NRS 62.2263 and 62.227 and

12-35 paragraph (h) of subsection 1 of NRS 62.211, [subsection 7 of NRS

12-36 62.224, NRS 62.2263 and 62.227,] set forth any tests and other

12-37 requirements which are a condition for the reinstatement of a license after

12-38 any suspension, revocation, cancellation or voluntary surrender of the

12-39 license. The tests and requirements:

12-40 (a) Must provide for a fair evaluation of a person’s ability to operate a

12-41 motor vehicle; and

12-42 (b) May allow for the waiver of certain tests or requirements as the

12-43 department deems necessary.

13-1 2. Set forth the circumstances under which the administrator may, for

13-2 good cause shown, rescind the revocation, suspension or cancellation of a

13-3 license, or shorten the period for the suspension of a license.

13-4 Sec. 16. The amendatory provisions of section 10 of this act apply to

13-5 pupils who have not been found, before July 1, 1999, to be in need of

13-6 supervision because they are habitual truants.

13-7 Sec. 17. The amendatory provisions of section 14 of this act do not

13-8 apply to children who are found in need of supervision because they are

13-9 habitual truants, if all acts of truancy were committed before July 1, 1999.

13-10 Sec. 18. This act becomes effective on July 1, 1999.

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