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, discipline and transportation of pupils. (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; 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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2-16 attendance in that period.

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

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

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

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

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

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

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

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

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

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

2-27 unlicensed employees of the school district.

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

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

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

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

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

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

2-34 district.

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

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

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

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

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

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

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

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

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

3-3 district as a whole [.] , excluding pupils who:

3-4 (1) Provide proof to the school district of successful completion of

3-5 the examinations of general educational development.

3-6 (2) Are enrolled in courses that are approved by the department as

3-7 meeting the requirements for an adult standard diploma.

3-8 (3) Withdraw from school to attend another school.

3-9 (i) Records of attendance of teachers who provide instruction, for each

3-10 school in the district and the district as a whole, including, without

3-11 limitation, each charter school in the district.

3-12 (j) Efforts made by the school district and by each school in the district,

3-13 including, without limitation, each charter school in the district, to increase:

3-14 (1) Communication with the parents of pupils in the district; and

3-15 (2) The participation of parents in the educational process and

3-16 activities relating to the school district and each school, including, without

3-17 limitation, the existence of parent organizations and school advisory

3-18 committees.

3-19 (k) Records of incidents involving weapons or violence for each school

3-20 in the district, including, without limitation, each charter school in the

3-21 district.

3-22 (l) Records of incidents involving the use or possession of alcoholic

3-23 beverages or controlled substances for each school in the district, including,

3-24 without limitation, each charter school in the district.

3-25 (m) Records of the suspension and expulsion of pupils required or

3-26 authorized pursuant to NRS 392.466 and 392.467.

3-27 (n) The transiency rate of pupils for each school in the district and the

3-28 district as a whole, including, without limitation, each charter school in the

3-29 district.

3-30 (o) Each source of funding for the school district.

3-31 (p) For each high school in the district, including, without limitation,

3-32 each charter school in the district, the percentage of pupils who graduated

3-33 from that high school or charter school in the immediately preceding year

3-34 and enrolled in remedial courses in reading, writing or mathematics at a

3-35 university or community college within the University and Community

3-36 College System of Nevada.

3-37 (q) The technological facilities and equipment available at each school,

3-38 including, without limitation, each charter school, and the district’s plan to

3-39 incorporate educational technology at each school.

3-40 (r) Such other information as is directed by the superintendent of public

3-41 instruction.

3-42 (s) The number of habitual truants who are reported to a school police

3-43 officer or law enforcement agency pursuant to paragraph (a) of

4-1 subsection 2 of section 3 of this act and the number of habitual truants

4-2 who are referred to an advisory board to review school attendance

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

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

4-5 3. The superintendent of public instruction shall:

4-6 (a) Prescribe forms for the reports required pursuant to subsection 2 and

4-7 provide the forms to the respective school districts.

4-8 (b) Provide statistical information and technical assistance to the school

4-9 districts to ensure that the reports provide comparable information with

4-10 respect to each school in each district and among the districts.

4-11 (c) Consult with a representative of the:

4-12 (1) Nevada State Education Association;

4-13 (2) Nevada Association of School Boards;

4-14 (3) Nevada Association of School Administrators;

4-15 (4) Nevada Parent Teachers Association;

4-16 (5) Budget division of the department of administration; and

4-17 (6) Legislative counsel bureau,

4-18 concerning the program and consider any advice or recommendations

4-19 submitted by the representatives with respect to the program.

4-20 4. On or before April 15 of each year, the board of trustees of each

4-21 school district shall submit to [the advisory] each board to review school

4-22 attendance created in the county pursuant to NRS 392.126 the information

4-23 required in paragraph (g) of subsection 2.

4-24 Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the

4-25 provisions set forth as sections 2.5 to 5, inclusive, of this act.

4-26 Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the

4-27 contrary, the provisions of sections 3, 4 and 5 of this act apply to all

4-28 pupils who are less than 18 years of age and enrolled in public schools,

4-29 including, without limitation, pupils who are 17 years of age or older but

4-30 less than 18 years of age.

4-31 Sec. 3. 1. If a pupil has one or more unapproved absences from

4-32 school, the school in which the pupil is enrolled shall take reasonable

4-33 actions designed, as applicable, to encourage, enable or convince the

4-34 pupil to attend school.

4-35 2. If a pupil is a habitual truant pursuant to NRS 392.140, the

4-36 principal of the school shall:

4-37 (a) Report the pupil to a school police officer or to the local law

4-38 enforcement agency for investigation and issuance of a citation, if

4-39 warranted, in accordance with NRS 392.142; or

4-40 (b) If the parent or legal guardian of a pupil has signed a written

4-41 consent pursuant to subsection 4, submit a written referral of the pupil to

4-42 the advisory board to review school attendance in the county in

4-43 accordance with section 4 of this act.

5-1 3. The board of trustees of each school district shall adopt criteria to

5-2 determine whether the principal of a school shall report a pupil to a

5-3 school police officer or law enforcement agency pursuant to paragraph

5-4 (a) of subsection 2 or refer a pupil to an advisory board to review school

5-5 attendance pursuant to paragraph (b) of subsection 2.

5-6 4. If the principal of a school makes an initial determination to

5-7 submit a written referral of a pupil to the advisory board to review school

5-8 attendance, the principal shall notify the parent or legal guardian of the

5-9 pupil and request the parent or legal guardian to sign a written consent

5-10 that authorizes the school and, if applicable, the school district to release

5-11 the records of the pupil to the advisory board to the extent that such

5-12 release is necessary for the advisory board to carry out its duties pursuant

5-13 to sections 4 and 5 of this act. The written consent must comply with the

5-14 applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99.

5-15 If the parent or legal guardian refuses to sign the consent, the principal

5-16 shall report the pupil to a school police officer or to a local law

5-17 enforcement agency pursuant to paragraph (a) of subsection 2.

5-18 Sec. 4. A written referral of a pupil to an advisory board to review

5-19 school attendance must include the dates on which the pupil was truant

5-20 from school and all action taken by the school to assist the pupil to attend

5-21 school. The advisory board may request clarification of any information

5-22 contained in the written referral or any additional information that the

5-23 advisory board considers necessary. The school shall provide written

5-24 notice of the referral to the parents or legal guardian of the pupil. The

5-25 written notice must include, without limitation:

5-26 1. The name and address of the pupil referred;

5-27 2. A written explanation of the reason for the referral;

5-28 3. A summary of the provisions of section 5 of this act; and

5-29 4. The address and telephone number of the advisory board to review

5-30 school attendance.

5-31 Sec. 5. 1. If an advisory board to review school attendance receives

5-32 a written referral of a pupil pursuant to section 4 of this act, the advisory

5-33 board shall set a date, time and place for a hearing. The pupil and his

5-34 parents or legal guardian shall attend the hearing held by the advisory

5-35 board. The hearing must be closed to the public. The chairman of an

5-36 advisory board to review school attendance may request that subpoenas

5-37 for a hearing conducted pursuant to this section be issued to:

5-38 (a) The parent or legal guardian of a pupil who has been referred to

5-39 the advisory board or any other person that the advisory board considers

5-40 necessary to the hearing.

5-41 (b) A pupil who has been referred to the advisory board.

5-42 2. If a pupil and his parents or legal guardian do not attend the

5-43 hearing, the chairman of the advisory board shall report the pupil to a

6-1 school police officer or to the appropriate local law enforcement agency

6-2 for investigation and issuance of a citation, if warranted in accordance

6-3 with NRS 392.142.

6-4 3. If an advisory board to review school attendance determines that

6-5 the status of a pupil as a habitual truant can be adequately addressed

6-6 through participation by the pupil in programs and services available in

6-7 the community, the advisory board shall order the pupil to participate in

6-8 such programs and services. If the pupil does not agree to participate in

6-9 such programs and services, the chairman of the advisory board shall

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

6-11 enforcement agency for investigation and issuance of a citation, if

6-12 warranted in accordance with NRS 392.142. If the pupil agrees to

6-13 participate in such programs and services, the advisory board, the pupil

6-14 and the parents or legal guardian of the pupil shall enter into a written

6-15 agreement that:

6-16 (a) Sets forth the findings of the advisory board;

6-17 (b) Sets forth the terms and conditions of the pupil’s participation in

6-18 the programs and services designated by the advisory board; and

6-19 (c) Adequately informs the pupil and his parents or legal guardian

6-20 that if the pupil or his parents or legal guardian do not comply with the

6-21 terms of the written agreement, the chairman of the advisory board is

6-22 legally obligated to report the pupil to a school police officer or to the

6-23 appropriate local law enforcement agency for investigation and issuance

6-24 of a citation, if warranted in accordance with NRS 392.142.

6-25 The parents or legal guardian of the pupil shall, upon the request of the

6-26 advisory board, provide proof satisfactory to the advisory board that the

6-27 pupil is participating in the programs and services set forth in the written

6-28 agreement.

6-29 4. The chairman of an advisory board to review school attendance

6-30 shall report a pupil to a school police officer or to the appropriate local

6-31 law enforcement agency if:

6-32 (a) The pupil and his parents or legal guardian fail to attend a

6-33 hearing set by the advisory board pursuant to subsection 1;

6-34 (b) The advisory board determines that the status of a pupil as a

6-35 habitual truant cannot be adequately addressed by requiring the pupil to

6-36 participate in programs and services available in the community;

6-37 (c) The pupil does not consent to participation in programs and

6-38 services pursuant to subsection 3; or

6-39 (d) The pupil or his parents or legal guardian violates the terms of the

6-40 written agreement entered into pursuant to subsection 3.

6-41 5. If a chairman of an advisory board makes such a report to a

6-42 school police officer or local law enforcement agency, the chairman

6-43 shall:

7-1 (a) Submit to the school police officer or law enforcement agency, as

7-2 applicable, written documentation of all efforts made by the advisory

7-3 board to address the status of the pupil as a habitual truant; and

7-4 (b) Make recommendations to the school police officer or law

7-5 enforcement agency, as applicable, regarding the appropriate disposition

7-6 of the case.

7-7 6. If the parents or legal guardian of a pupil enter into a written

7-8 agreement pursuant to this section, the parents or legal guardian may

7-9 appeal to the board of trustees of the school district a determination

7-10 made by the advisory board concerning the contents of the written

7-11 agreement. Upon receipt of such a request, the board of trustees of the

7-12 school district shall review the determination in accordance with the

7-13 procedure established by the board of trustees for such matters.

7-14 7. The board of trustees of each school district shall adopt policies

7-15 and rules to protect the confidentiality of the deliberations, findings and

7-16 determinations made by an advisory board and information concerning a

7-17 pupil and the family of a pupil. An advisory board shall not disclose

7-18 information concerning the records of a pupil or services provided to a

7-19 pupil or his family unless the disclosure is specifically authorized by

7-20 statute or by the policies and rules of the board of trustees and is

7-21 necessary for the advisory board to carry out its duties.

7-22 Sec. 6. NRS 392.126 is hereby amended to read as follows:

7-23 392.126 1. There is hereby created in each county at least one

7-24 advisory board to review school attendance. The membership of each such

7-25 board may consist of:

7-26 (a) One probation officer in the county who works on cases relating to

7-27 juveniles, appointed by the judge or judges of the juvenile court of the

7-28 county;

7-29 (b) One representative of a law enforcement agency in the county who

7-30 works on cases relating to juveniles, appointed by the judge or judges of

7-31 the juvenile court of the county;

7-32 (c) One representative of the district attorney for the county, appointed

7-33 by the district attorney;

7-34 (d) One parent or legal guardian of a pupil who is enrolled in a public

7-35 school in the county, or his designee or alternate who is also a parent or

7-36 legal guardian, appointed by the president of the board of trustees of the

7-37 school district;

7-38 (e) One member of the board of trustees of the school district, appointed

7-39 by the president of the board of trustees;

7-40 (f) One school counselor or school teacher employed by the school

7-41 district, appointed by an organization or association that represents licensed

7-42 educational personnel in the school district;

8-1 (g) One deputy sheriff in the county, appointed by the sheriff of the

8-2 county; and

8-3 (h) One representative of the local office of the division of child and

8-4 family services of the department of human resources, appointed by the

8-5 executive head of that office.

8-6 2. The members of each such board shall elect a chairman from among

8-7 their membership.

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

8-9 years. A vacancy in the membership of the board must be filled in the same

8-10 manner as the original appointment for the remainder of the unexpired

8-11 term.

8-12 4. Each member of such a board serves without compensation, except

8-13 that, for each day or portion of a day during which a member of the board

8-14 attends a meeting of the board or is otherwise engaged in the business of

8-15 the board, he is entitled to receive the per diem allowance and travel

8-16 expenses provided for state officers and employees generally. The board of

8-17 trustees of the school district shall pay the per diem allowance and travel

8-18 expenses from the general fund of the school district.

8-19 Sec. 7. NRS 392.127 is hereby amended to read as follows:

8-20 392.127 The board of trustees of each school district shall provide

8-21 administrative support to [the] each advisory board to review school

8-22 attendance created [for] in its county pursuant to NRS 392.126.

8-23 Sec. 8. NRS 392.128 is hereby amended to read as follows:

8-24 392.128 1. Each advisory board to review school attendance created

8-25 pursuant to NRS 392.126 shall:

8-26 (a) Review the records of the [rate of] attendance and truancy of pupils

8-27 submitted to the advisory board to review school attendance by the board

8-28 of trustees of the school district pursuant to subsection 4 of NRS 385.347;

8-29 (b) Identify factors that contribute to the [rate of] truancy of pupils in

8-30 the school district;

8-31 (c) Establish programs to reduce the [rate of] truancy of pupils in the

8-32 school district;

8-33 (d) At least annually, evaluate the effectiveness of those programs;

8-34 (e) Establish a procedure for schools and school districts for the

8-35 reporting of the status of pupils as habitual truants ; and [the issuance of

8-36 citations pursuant to NRS 392.142; and]

8-37 (f) Inform the parents and legal guardians of the pupils who are enrolled

8-38 in the schools within the district of the policies and procedures adopted

8-39 pursuant to the provisions of this section.

8-40 2. The chairman of an advisory board may divide the advisory board

8-41 into subcommittees. The advisory board may delegate one or more of the

8-42 duties of the advisory board to a subcommittee of the advisory board,

8-43 including, without limitation, holding hearings pursuant to section 5 of

9-1 this act. If the chairman of an advisory board divides the advisory board

9-2 into subcommittees, the chairman shall notify the board of trustees of the

9-3 school district of this action. Upon receipt of such a notice, the board of

9-4 trustees shall establish rules and procedures for each such subcommittee.

9-5 A subcommittee shall abide by the applicable rules and procedures when

9-6 it takes action or makes decisions.

9-7 3. An advisory board to review school attendance created in a county

9-8 pursuant to NRS 392.126 may use money appropriated by the legislature

9-9 and any other money made available to the advisory board for the use of

9-10 programs to reduce the truancy of pupils in the school district. The advisory

9-11 board to review school attendance shall, on a quarterly basis, provide to the

9-12 board of trustees of the school district an accounting of the money used by

9-13 the advisory board to review school attendance to reduce the [rate of]

9-14 truancy of pupils in the school district.

9-15 Sec. 9. NRS 392.130 is hereby amended to read as follows:

9-16 392.130 1. Within the meaning of this chapter, a pupil shall be

9-17 deemed a truant who is absent from school without the written approval of

9-18 his teacher or the principal of the school, unless the pupil is physically or

9-19 mentally unable to attend school. The teacher or principal shall give his

9-20 written approval for a pupil to be absent if an emergency exists or upon the

9-21 request of a parent or legal guardian of the pupil. Before a pupil may attend

9-22 or otherwise participate in school activities outside the classroom during

9-23 regular classroom hours, he must receive the approval of the teacher or

9-24 principal.

9-25 2. [Absence for any part] An unapproved absence for at least one

9-26 period, or the equivalent of one period for the school, of a school day

9-27 [shall] may be deemed a truancy for the purposes of this section.

9-28 3. If a pupil is physically or mentally unable to attend school, the

9-29 parent or legal guardian or other person having control or charge of the

9-30 pupil shall notify the teacher or principal of the school orally or in writing ,

9-31 in accordance with the policy established by the board of trustees of the

9-32 school district, within 3 days after the pupil returns to school.

9-33 4. An absence which has not been approved pursuant to subsection 1 or

9-34 3 shall be deemed an unapproved absence. In the event of an unapproved

9-35 absence, the teacher, attendance officer or other school official shall deliver

9-36 or cause to be delivered a written notice of truancy to the parent, legal

9-37 guardian or other person having control or charge of the child. The written

9-38 notice must be delivered to the parent, legal guardian or other person who

9-39 has control of the child. The written notice must inform the parents or legal

9-40 guardian of such absences in a form specified by the department.

9-41 5. As used in this section, "physically or mentally unable to attend"

9-42 does not include a physical or mental condition for which a pupil is excused

9-43 pursuant to NRS 392.050.

10-1 6. Notwithstanding the provisions of NRS 392.040 to the contrary,

10-2 the provisions of this section apply to all pupils who are less than 18

10-3 years of age and enrolled in public schools, including, without limitation,

10-4 pupils who are 17 years of age or older but less than 18 years of age.

10-5 Sec. 10. NRS 392.140 is hereby amended to read as follows:

10-6 392.140 1. Any child who has been declared a truant three or more

10-7 times within one school year must be declared a habitual truant.

10-8 2. Any child who has once been declared a habitual truant and who in

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

10-10 (a) Approval of his teacher or the principal of the school pursuant to

10-11 subsection 1 of NRS 392.130; or

10-12 (b) Notice of his parent or legal guardian or other person who has

10-13 control or charge over the pupil pursuant to subsection 3 of NRS 392.130,

10-14 may again be declared a habitual truant.

10-15 3. Notwithstanding the provisions of NRS 392.040 to the contrary,

10-16 the provisions of this section apply to all pupils who are less than 18

10-17 years of age and enrolled in public schools, including, without limitation,

10-18 pupils who are 17 years of age or older but less than 18 years of age.

10-19 Sec. 11. NRS 392.142 is hereby amended to read as follows:

10-20 392.142 1. [The principal of a school shall report to the appropriate

10-21 local law enforcement agency the name of any pupil enrolled in that school

10-22 who is a habitual truant.

10-23 2.] Upon receipt of [such] a report [,] pursuant to section 3 or 5 of this

10-24 act, if it appears after investigation that [the] a pupil is a habitual truant, the

10-25 school police officer or law enforcement agency to whom the report is

10-26 made shall prepare manually or electronically a citation directing the pupil

10-27 to appear in the proper juvenile court.

10-28 [3.] 2. A copy of the citation must be delivered to the pupil and to the

10-29 parent, guardian or any other person who has control or charge of the pupil

10-30 by:

10-31 (a) The local law enforcement agency;

10-32 (b) A school police officer employed by the board of trustees of the

10-33 school district; or

10-34 (c) An attendance officer appointed by the board of trustees of the

10-35 school district.

10-36 [4.] 3. The citation must be in the form prescribed for misdemeanor

10-37 citations in NRS 171.1773.

10-38 4. Notwithstanding the provisions of NRS 392.040 to the contrary,

10-39 the provisions of this section apply to all pupils who are less than 18

10-40 years of age and enrolled in public schools, including, without limitation,

10-41 pupils who are 17 years of age or older but less than 18 years of age.

11-1 Sec. 11.3. NRS 392.160 is hereby amended to read as follows:

11-2 392.160 1. Any peace officer, the attendance officer or any other

11-3 school officer shall, during school hours, take into custody without warrant:

11-4 (a) Any child between the ages of 7 and 17 years; and

11-5 (b) Any child who has arrived at the age of 6 years but not at the age of

11-6 7 years and is enrolled in a public school,

11-7 who has been reported to him by the teacher, superintendent of schools or

11-8 other school officer as an absentee from instruction upon which he is

11-9 lawfully required to attend.

11-10 2. Any peace officer, the attendance officer or any other school

11-11 officer shall, during school hours, take into custody without warrant any

11-12 child who is 17 years of age or older but less than 18 years of age if:

11-13 (a) The child is enrolled in a public school; and

11-14 (b) A teacher, superintendent of schools or other school officer has

11-15 reported the child as absent from instruction.

11-16 3. Except as otherwise provided in subsection [3:] 4:

11-17 (a) During school hours, the officer having custody shall forthwith

11-18 deliver the child to the superintendent of schools, principal or other school

11-19 officer at the child’s school of attendance.

11-20 (b) After school hours, the officer having custody shall deliver the child

11-21 to the parent, guardian or other person having control or charge of the

11-22 child.

11-23 [3.] 4. The board of trustees of a school district or the governing body

11-24 of a charter school may enter into an agreement with a counseling agency to

11-25 permit delivery of the child to the agency. For the purposes of this

11-26 subsection, "counseling agency" means an agency designated by the school

11-27 district in which the child is enrolled to provide counseling for the child

11-28 and the parent, guardian or other person having control or charge of the

11-29 child.

11-30 Sec. 11.7. NRS 392.360 is hereby amended to read as follows:

11-31 392.360 1. A board of trustees of a school district may permit school

11-32 buses or vehicles belonging to the school district to be used for the

11-33 transportation of public school pupils to and from:

11-34 (a) Interscholastic contests;

11-35 (b) School festivals; or

11-36 (c) Other activities properly a part of a school program.

11-37 2. In addition to the use of school buses and vehicles authorized

11-38 pursuant to subsection 1, the board of trustees of a school district may

11-39 permit school buses and vehicles belonging to the school district to be

11-40 used for the transportation of children to and from:

11-41 (a) Programs for the supervision of children before and after school;

11-42 and

12-1 (b) Other programs or activities that the board of trustees deems

12-2 appropriate,

12-3 regardless of whether such programs or activities are part of a school

12-4 program.

12-5 3. The use of school buses or vehicles belonging to the school district

12-6 for the purposes enumerated in [subsection 1] subsections 1 and 2 is

12-7 governed by regulations made by the board of trustees, which must not

12-8 conflict with regulations of the state board . [of education.] Proper

12-9 supervision for each vehicle so used must be furnished by school

12-10 authorities, and each school bus must be operated by a driver qualified

12-11 under the provisions of NRS 392.300 to 392.410, inclusive.

12-12 [3.] 4. A driver shall not operate a vehicle for the purposes enumerated

12-13 in [subsection 1] subsections 1 and 2 for more than 10 hours in a 15-hour

12-14 period. The time spent operating, inspecting, loading, unloading, repairing

12-15 and servicing the vehicle and waiting for passengers must be included in

12-16 determining the 15-hour period. After 10 hours of operating a vehicle, the

12-17 driver must rest for 10 hours before he again operates a vehicle for such

12-18 purposes.

12-19 [4.] 5. Before January 1, 1984, the state board [of education] shall

12-20 adopt regulations to carry out the provisions of subsection [3.] 4.

12-21 Sec. 12. NRS 62.090 is hereby amended to read as follows:

12-22 62.090 1. The judge, in his discretion, may appoint any person

12-23 qualified by previous experience, training and demonstrated interest in the

12-24 welfare of children as master. The master, upon the order of the judge in

12-25 proceedings arising under the provisions of this chapter, may swear

12-26 witnesses and take evidence. No probation officer may act as master unless

12-27 the proceeding concerns [only a minor] a:

12-28 (a) Minor traffic offense [.] ; or

12-29 (b) Child who is alleged to be a habitual truant.

12-30 2. Each master who is first appointed after July 1, 1981, shall attend

12-31 instruction at the National College of Juvenile and Family Law in Reno,

12-32 Nevada, in a course designed for the training of new judges of the juvenile

12-33 courts on the first occasion when such instruction is offered after he is

12-34 appointed.

12-35 3. The compensation of a master in juvenile sessions may not be taxed

12-36 against the parties, but when fixed by the judge must be paid out of

12-37 appropriations made for the expenses of the district court.

12-38 4. The judge may direct that the facts in any juvenile court proceeding,

12-39 from the inception of the matter, be found by the master in the same manner

12-40 as in the district court. Within 10 days after the evidence before him is

12-41 closed, the master shall file with the judge all papers relating to the case,

12-42 written findings of fact and recommendations.

13-1 5. Notice in writing of the master’s findings and recommendations,

13-2 together with the notice of right of appeal as provided in this section, must

13-3 be given by the master, or someone designated by him, to the parent,

13-4 guardian or custodian, if any, of the child, to the child’s attorney, to the

13-5 district attorney, and to any other person concerned. A hearing by the court

13-6 must be allowed if a person entitled to notice files with the court a request

13-7 for a hearing and the request is filed within 5 days after the giving of the

13-8 notice. The findings and recommendations of the master, upon approval by

13-9 the court evidenced by signature, constitute a decree of the court.

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

13-11 62.130 1. A petition alleging that a child is delinquent or a petition

13-12 for revocation may be signed by any person, including the district attorney,

13-13 who has knowledge of the facts alleged, or is informed of them and

13-14 believes that they are true.

13-15 2. A petition alleging that a child is in need of supervision may be

13-16 signed only by:

13-17 (a) A representative of a public or private agency licensed or authorized

13-18 to provide care or supervision of children;

13-19 (b) A representative of a public or private agency providing social

13-20 service for families; or

13-21 (c) A school police officer [,] or other school officer, law enforcement

13-22 officer or probation officer.

13-23 3. The district attorney shall prepare and sign every petition alleging

13-24 delinquency or need of supervision, and shall represent the petitioner in all

13-25 proceedings.

13-26 4. The petition must be entitled, "In the Matter of ................, a child,"

13-27 and must be verified by the person who signs it.

13-28 5. The petition must set forth specifically:

13-29 (a) The facts which bring the child within the jurisdiction of the court as

13-30 indicated in NRS 62.040, and the date when delinquency occurred or need

13-31 of supervision arose . [;]

13-32 (b) The name, date of birth and address of the residence of the child . [;]

13-33 (c) The names and address of the residence of his parents, guardian or

13-34 custodian, and spouse if any. If neither of his parents, guardian or custodian

13-35 resides or can be found within the state, or if their addresses are unknown,

13-36 the petition must state the name of any known adult relative residing within

13-37 the state, or if there is none, the known adult relative residing nearest to the

13-38 court . [; and]

13-39 (d) Whether the child is in custody, and if so, the place of detention and

13-40 the time he was taken into custody.

13-41 6. When any of the facts required by subsection 5 are not known, the

13-42 petition must so state.

14-1 Sec. 14. NRS 62.224 is hereby amended to read as follows:

14-2 62.224 1. In addition to any other action authorized pursuant to the

14-3 provisions of this chapter, if a child is found to be in need of supervision

14-4 because he is a habitual truant, the court shall:

14-5 (a) The first time the child is found to be in need of supervision because

14-6 he is a habitual truant:

14-7 (1) Order the child to [pay] :

14-8 (I) Pay a fine of not more than $100 pursuant to paragraph (l) of

14-9 subsection 1 of NRS 62.211 and the administrative assessment required by

14-10 NRS 62.223; [and] or

14-11 (II) Perform not less than 8 hours but not more than 16 hours of

14-12 community service in compliance with the provisions of subsection 3;

14-13 and

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

14-15 child’s driver’s license for 30 days. If the child does not possess a driver’s

14-16 license, the court shall prohibit the child from applying for a driver’s

14-17 license for 30 days:

14-18 (I) Immediately following the date of the order if the child is

14-19 eligible to apply for a driver’s license; or

14-20 (II) After the date he becomes eligible to apply for a driver’s

14-21 license if the child is not eligible to apply for a driver’s license.

14-22 (b) The second or any subsequent time the child is found to be in need

14-23 of supervision because he is a habitual truant:

14-24 (1) Order the child to:

14-25 (I) Pay a fine of not more than $200 pursuant to paragraph (l) of

14-26 subsection 1 of NRS 62.211 and the administrative assessment required by

14-27 NRS 62.223;

14-28 (II) Perform not more than 10 hours of community service in

14-29 compliance with the provisions of subsection 3; or

14-30 (III) Comply with the requirements set forth in both sub-

14-31 subparagraphs (I) and (II); and

14-32 (2) If the child is 14 years of age or older, order the suspension of the

14-33 child’s driver’s license for 60 days. If the child does not possess a driver’s

14-34 license, the court shall prohibit the child from applying for a driver’s

14-35 license for 60 days:

14-36 (I) Immediately following the date of the order if the child is

14-37 eligible to apply for a driver’s license; or

14-38 (II) After the date he becomes eligible to apply for a driver’s

14-39 license if the child is not eligible to apply for a driver’s license.

14-40 2. The [juvenile] court may suspend the payment of a fine ordered

14-41 pursuant to paragraph (a) of subsection 1 if the child attends school for 60

14-42 consecutive school days after the imposition of the fine, or has a valid

15-1 excuse acceptable to his teacher or the principal for any absence from

15-2 school within that period.

15-3 3. The community service ordered pursuant to paragraph (a) or (b) of

15-4 subsection 1 must be performed:

15-5 (a) For and under the supervising authority of a county, city, town or

15-6 other political subdivision or agency of this state or a charitable

15-7 organization that renders service to the community or its residents; and

15-8 (b) At the child’s school of attendance, if practicable.

15-9 4. If the court issues an order suspending a child’s driver’s license

15-10 pursuant to subsection 1, the [judge] court shall require the child to

15-11 surrender to the court all driver’s licenses then held by the child.

15-12 Sec. 15. The amendatory provisions of section 14 of this act do not

15-13 apply to children who are found in need of supervision because they are

15-14 habitual truants, if all acts of truancy were committed before July 1, 1999.

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

15-16 inclusive, of this act become effective on July 1, 1999.

15-17 2. Section 11 of this act becomes effective at 12:01 a.m. on July 1,

15-18 1999.

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