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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 385.347 is hereby amended to read as follows: 385.347 1. The board of trustees of each school district in this state,1-3
in cooperation with associations recognized by the state board as1-4
representing licensed personnel in education in the district, shall adopt a1-5
program providing for the accountability of the school district to the1-6
residents of the district and to the state board for the quality of the schools1-7
and the educational achievement of the pupils in the district, including,1-8
without limitation, pupils enrolled in charter schools in the school district.1-9
2. The board of trustees of each school district shall, on or before1-10
March 31 of each year, report to the residents of the district concerning:1-11
(a) The educational goals and objectives of the school district.2-1
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the2-2
district and the district as a whole, including, without limitation, each2-3
charter school in the district. Unless otherwise directed by the department,2-4
the board of trustees of the district shall base its report on the results of the2-5
examinations administered pursuant to NRS 389.015 and shall compare the2-6
results of those examinations for the current school year with those of2-7
previous school years. The report must include, for each school in the2-8
district, including, without limitation, each charter school in the district,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 from2-12
administering or a pupil was exempt from taking an examination; and2-13
(3) A record of attendance for the period in which the examinations2-14
were administered, including an explanation of any difference in the2-15
number of pupils who took the examinations and the number of pupils in2-16
attendance in that period.2-17
In addition, the board shall also report the results of other examinations of2-18
pupil achievement administered to pupils in the school district in grades2-19
other than 4, 8, 10 and 11. The results of these examinations for the current2-20
school year must be compared with those of previous school years.2-21
(c) The ratio of pupils to teachers in kindergarten and at each grade level2-22
for each elementary school in the district and the district as a whole,2-23
including, without limitation, each charter school in the district, the average2-24
class size for each required course of study for each secondary school in the2-25
district and the district as a whole, including, without limitation, each2-26
charter school in the district, and other data concerning licensed and2-27
unlicensed employees of the school district.2-28
(d) A comparison of the types of classes that each teacher has been2-29
assigned to teach with the qualifications and licensure of the teacher, for2-30
each school in the district and the district as a whole, including, without2-31
limitation, each charter school in the district.2-32
(e) The total expenditure per pupil for each school in the district and the2-33
district as a whole, including, without limitation, each charter school in the2-34
district.2-35
(f) The curriculum used by the school district, including:2-36
(1) Any special programs for pupils at an individual school; and2-37
(2) The curriculum used by each charter school in the district.2-38
(g)2-39
all grades, including, without limitation, the average daily attendance of2-40
pupils, for each school in the district and the district as a whole, including,2-41
without limitation, each charter school in the district.3-1
(h) The annual rate of pupils who drop out of school in grades 9 to 12,3-2
inclusive, for each such grade, for each school in the district and for the3-3
district as a whole3-4
(1) Provide proof to the school district of successful completion of3-5
the examinations of general educational development.3-6
(2) Are enrolled in courses that are approved by the department as3-7
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 each3-10
school in the district and the district as a whole, including, without3-11
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; and3-15
(2) The participation of parents in the educational process and3-16
activities relating to the school district and each school, including, without3-17
limitation, the existence of parent organizations and school advisory3-18
committees.3-19
(k) Records of incidents involving weapons or violence for each school3-20
in the district, including, without limitation, each charter school in the3-21
district.3-22
(l) Records of incidents involving the use or possession of alcoholic3-23
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 or3-26
authorized pursuant to NRS 392.466 and 392.467.3-27
(n) The transiency rate of pupils for each school in the district and the3-28
district as a whole, including, without limitation, each charter school in the3-29
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 graduated3-33
from that high school or charter school in the immediately preceding year3-34
and enrolled in remedial courses in reading, writing or mathematics at a3-35
university or community college within the University and Community3-36
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 to3-39
incorporate educational technology at each school.3-40
(r) Such other information as is directed by the superintendent of public3-41
instruction.3-42
(s) The number of habitual truants who are reported to a school police3-43
officer or law enforcement agency pursuant to paragraph (a) of4-1
subsection 2 of section 3 of this act and the number of habitual truants4-2
who are referred to an advisory board to review school attendance4-3
pursuant to paragraph (b) of subsection 2 of section 3 of this act, for4-4
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 and4-7
provide the forms to the respective school districts.4-8
(b) Provide statistical information and technical assistance to the school4-9
districts to ensure that the reports provide comparable information with4-10
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; and4-17
(6) Legislative counsel bureau,4-18
concerning the program and consider any advice or recommendations4-19
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 each4-21
school district shall submit to4-22
attendance created in the county pursuant to NRS 392.126 the information4-23
required in paragraph (g) of subsection 2. Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the4-25
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 the4-27
contrary, the provisions of sections 3, 4 and 5 of this act apply to all4-28
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 but4-30
less than 18 years of age.4-31
Sec. 3. 1. If a pupil has one or more unapproved absences from4-32
school, the school in which the pupil is enrolled shall take reasonable4-33
actions designed, as applicable, to encourage, enable or convince the4-34
pupil to attend school.4-35
2. If a pupil is a habitual truant pursuant to NRS 392.140, the4-36
principal of the school shall:4-37
(a) Report the pupil to a school police officer or to the local law4-38
enforcement agency for investigation and issuance of a citation, if4-39
warranted, in accordance with NRS 392.142; or4-40
(b) If the parent or legal guardian of a pupil has signed a written4-41
consent pursuant to subsection 4, submit a written referral of the pupil to4-42
the advisory board to review school attendance in the county in4-43
accordance with section 4 of this act.5-1
3. The board of trustees of each school district shall adopt criteria to5-2
determine whether the principal of a school shall report a pupil to a5-3
school police officer or law enforcement agency pursuant to paragraph5-4
(a) of subsection 2 or refer a pupil to an advisory board to review school5-5
attendance pursuant to paragraph (b) of subsection 2.5-6
4. If the principal of a school makes an initial determination to5-7
submit a written referral of a pupil to the advisory board to review school5-8
attendance, the principal shall notify the parent or legal guardian of the5-9
pupil and request the parent or legal guardian to sign a written consent5-10
that authorizes the school and, if applicable, the school district to release5-11
the records of the pupil to the advisory board to the extent that such5-12
release is necessary for the advisory board to carry out its duties pursuant5-13
to sections 4 and 5 of this act. The written consent must comply with the5-14
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 principal5-16
shall report the pupil to a school police officer or to a local law5-17
enforcement agency pursuant to paragraph (a) of subsection 2.5-18
Sec. 4. A written referral of a pupil to an advisory board to review5-19
school attendance must include the dates on which the pupil was truant5-20
from school and all action taken by the school to assist the pupil to attend5-21
school. The advisory board may request clarification of any information5-22
contained in the written referral or any additional information that the5-23
advisory board considers necessary. The school shall provide written5-24
notice of the referral to the parents or legal guardian of the pupil. The5-25
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; and5-29
4. The address and telephone number of the advisory board to review5-30
school attendance.5-31
Sec. 5. 1. If an advisory board to review school attendance receives5-32
a written referral of a pupil pursuant to section 4 of this act, the advisory5-33
board shall set a date, time and place for a hearing. The pupil and his5-34
parents or legal guardian shall attend the hearing held by the advisory5-35
board. The hearing must be closed to the public. The chairman of an5-36
advisory board to review school attendance may request that subpoenas5-37
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 to5-39
the advisory board or any other person that the advisory board considers5-40
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 the5-43
hearing, the chairman of the advisory board shall report the pupil to a6-1
school police officer or to the appropriate local law enforcement agency6-2
for investigation and issuance of a citation, if warranted in accordance6-3
with NRS 392.142.6-4
3. If an advisory board to review school attendance determines that6-5
the status of a pupil as a habitual truant can be adequately addressed6-6
through participation by the pupil in programs and services available in6-7
the community, the advisory board shall order the pupil to participate in6-8
such programs and services. If the pupil does not agree to participate in6-9
such programs and services, the chairman of the advisory board shall6-10
report the pupil to a school police officer or to the appropriate local law6-11
enforcement agency for investigation and issuance of a citation, if6-12
warranted in accordance with NRS 392.142. If the pupil agrees to6-13
participate in such programs and services, the advisory board, the pupil6-14
and the parents or legal guardian of the pupil shall enter into a written6-15
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 in6-18
the programs and services designated by the advisory board; and6-19
(c) Adequately informs the pupil and his parents or legal guardian6-20
that if the pupil or his parents or legal guardian do not comply with the6-21
terms of the written agreement, the chairman of the advisory board is6-22
legally obligated to report the pupil to a school police officer or to the6-23
appropriate local law enforcement agency for investigation and issuance6-24
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 the6-26
advisory board, provide proof satisfactory to the advisory board that the6-27
pupil is participating in the programs and services set forth in the written6-28
agreement.6-29
4. The chairman of an advisory board to review school attendance6-30
shall report a pupil to a school police officer or to the appropriate local6-31
law enforcement agency if:6-32
(a) The pupil and his parents or legal guardian fail to attend a6-33
hearing set by the advisory board pursuant to subsection 1;6-34
(b) The advisory board determines that the status of a pupil as a6-35
habitual truant cannot be adequately addressed by requiring the pupil to6-36
participate in programs and services available in the community;6-37
(c) The pupil does not consent to participation in programs and6-38
services pursuant to subsection 3; or6-39
(d) The pupil or his parents or legal guardian violates the terms of the6-40
written agreement entered into pursuant to subsection 3.6-41
5. If a chairman of an advisory board makes such a report to a6-42
school police officer or local law enforcement agency, the chairman6-43
shall:7-1
(a) Submit to the school police officer or law enforcement agency, as7-2
applicable, written documentation of all efforts made by the advisory7-3
board to address the status of the pupil as a habitual truant; and7-4
(b) Make recommendations to the school police officer or law7-5
enforcement agency, as applicable, regarding the appropriate disposition7-6
of the case.7-7
6. If the parents or legal guardian of a pupil enter into a written7-8
agreement pursuant to this section, the parents or legal guardian may7-9
appeal to the board of trustees of the school district a determination7-10
made by the advisory board concerning the contents of the written7-11
agreement. Upon receipt of such a request, the board of trustees of the7-12
school district shall review the determination in accordance with the7-13
procedure established by the board of trustees for such matters.7-14
7. The board of trustees of each school district shall adopt policies7-15
and rules to protect the confidentiality of the deliberations, findings and7-16
determinations made by an advisory board and information concerning a7-17
pupil and the family of a pupil. An advisory board shall not disclose7-18
information concerning the records of a pupil or services provided to a7-19
pupil or his family unless the disclosure is specifically authorized by7-20
statute or by the policies and rules of the board of trustees and is7-21
necessary for the advisory board to carry out its duties.7-22
Sec. 5.5. NRS 392.122 is hereby amended to read as follows: 392.122 1. The board of trustees of each school district shall7-24
prescribe a minimum number of days that a pupil who is enrolled in a7-25
school in the district must be in attendance for the pupil to be promoted to7-26
the next higher grade. For the purposes of this subsection, the days on7-27
which a pupil is not in attendance because the pupil is:7-28
(a) Physically or mentally unable to attend school; or7-29
(b) Absent for up to 10 days within 1 school year with the approval of7-30
the teacher or principal of the school pursuant to NRS 392.130,7-31
must be credited towards the required days of attendance.7-32
2. A school shall inform the parents or legal guardian of each pupil7-33
who is enrolled in the school that the parents or legal guardian and the pupil7-34
are required to comply with the provisions governing the attendance and7-35
truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any7-36
other rules concerning attendance and truancy adopted by the board of7-37
trustees of the school district.7-38
Sec. 6. NRS 392.126 is hereby amended to read as follows: 392.126 1. There is hereby created in each county at least one7-40
advisory board to review school attendance. The membership of each such7-41
board may consist of:8-1
(a) One probation officer in the county who works on cases relating to8-2
juveniles, appointed by the judge or judges of the juvenile court of the8-3
county;8-4
(b) One representative of a law enforcement agency in the county who8-5
works on cases relating to juveniles, appointed by the judge or judges of8-6
the juvenile court of the county;8-7
(c) One representative of the district attorney for the county, appointed8-8
by the district attorney;8-9
(d) One parent or legal guardian of a pupil who is enrolled in a public8-10
school in the county, or his designee or alternate who is also a parent or8-11
legal guardian, appointed by the president of the board of trustees of the8-12
school district;8-13
(e) One member of the board of trustees of the school district, appointed8-14
by the president of the board of trustees;8-15
(f) One school counselor or school teacher employed by the school8-16
district, appointed by an organization or association that represents licensed8-17
educational personnel in the school district;8-18
(g) One deputy sheriff in the county, appointed by the sheriff of the8-19
county; and8-20
(h) One representative of the local office of the division of child and8-21
family services of the department of human resources, appointed by the8-22
executive head of that office.8-23
2. The members of each such board shall elect a chairman from among8-24
their membership.8-25
3. Each member of such a board must be appointed for a term of 28-26
years. A vacancy in the membership of the board must be filled in the same8-27
manner as the original appointment for the remainder of the unexpired8-28
term.8-29
4. Each member of such a board serves without compensation, except8-30
that, for each day or portion of a day during which a member of the board8-31
attends a meeting of the board or is otherwise engaged in the business of8-32
the board, he is entitled to receive the per diem allowance and travel8-33
expenses provided for state officers and employees generally. The board of8-34
trustees of the school district shall pay the per diem allowance and travel8-35
expenses from the general fund of the school district.8-36
Sec. 7. NRS 392.127 is hereby amended to read as follows: 392.127 The board of trustees of each school district shall provide8-38
administrative support to8-39
attendance created8-40
Sec. 8. NRS 392.128 is hereby amended to read as follows: 392.128 1. Each advisory board to review school attendance created8-42
pursuant to NRS 392.126 shall:9-1
(a) Review the records of the9-2
submitted to the advisory board to review school attendance by the board9-3
of trustees of the school district pursuant to subsection 4 of NRS 385.347;9-4
(b) Identify factors that contribute to the9-5
the school district;9-6
(c) Establish programs to reduce the9-7
school district;9-8
(d) At least annually, evaluate the effectiveness of those programs;9-9
(e) Establish a procedure for schools and school districts for the9-10
reporting of the status of pupils as habitual truants ; and9-11
9-12
(f) Inform the parents and legal guardians of the pupils who are enrolled9-13
in the schools within the district of the policies and procedures adopted9-14
pursuant to the provisions of this section.9-15
2. The chairman of an advisory board may divide the advisory board9-16
into subcommittees. The advisory board may delegate one or more of the9-17
duties of the advisory board to a subcommittee of the advisory board,9-18
including, without limitation, holding hearings pursuant to section 5 of9-19
this act. If the chairman of an advisory board divides the advisory board9-20
into subcommittees, the chairman shall notify the board of trustees of the9-21
school district of this action. Upon receipt of such a notice, the board of9-22
trustees shall establish rules and procedures for each such subcommittee.9-23
A subcommittee shall abide by the applicable rules and procedures when9-24
it takes action or makes decisions.9-25
3. An advisory board to review school attendance created in a county9-26
pursuant to NRS 392.126 may use money appropriated by the legislature9-27
and any other money made available to the advisory board for the use of9-28
programs to reduce the truancy of pupils in the school district. The advisory9-29
board to review school attendance shall, on a quarterly basis, provide to the9-30
board of trustees of the school district an accounting of the money used by9-31
the advisory board to review school attendance to reduce the9-32
truancy of pupils in the school district.9-33
Sec. 9. NRS 392.130 is hereby amended to read as follows: 392.130 1. Within the meaning of this chapter, a pupil shall be9-35
deemed a truant who is absent from school without the written approval of9-36
his teacher or the principal of the school, unless the pupil is physically or9-37
mentally unable to attend school. The teacher or principal shall give his9-38
written approval for a pupil to be absent if an emergency exists or upon the9-39
request of a parent or legal guardian of the pupil. Before a pupil may attend9-40
or otherwise participate in school activities outside the classroom during9-41
regular classroom hours, he must receive the approval of the teacher or9-42
principal.10-1
2.10-2
period, or the equivalent of one period for the school, of a school day10-3
10-4
3. If a pupil is physically or mentally unable to attend school, the10-5
parent or legal guardian or other person having control or charge of the10-6
pupil shall notify the teacher or principal of the school orally or in writing ,10-7
in accordance with the policy established by the board of trustees of the10-8
school district, within 3 days after the pupil returns to school.10-9
4. An absence which has not been approved pursuant to subsection 1 or10-10
3 shall be deemed an unapproved absence. In the event of an unapproved10-11
absence, the teacher, attendance officer or other school official shall deliver10-12
or cause to be delivered a written notice of truancy to the parent, legal10-13
guardian or other person having control or charge of the child. The written10-14
notice must be delivered to the parent, legal guardian or other person who10-15
has control of the child. The written notice must inform the parents or legal10-16
guardian of such absences in a form specified by the department.10-17
5. As used in this section, "physically or mentally unable to attend"10-18
does not include a physical or mental condition for which a pupil is excused10-19
pursuant to NRS 392.050.10-20
6. Notwithstanding the provisions of NRS 392.040 to the contrary,10-21
the provisions of this section apply to all pupils who are less than 1810-22
years of age and enrolled in public schools, including, without limitation,10-23
pupils who are 17 years of age or older but less than 18 years of age.10-24
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 more10-26
times within one school year must be declared a habitual truant.10-27
2. Any child who has once been declared a habitual truant and who in10-28
an immediately succeeding year is absent from school without the written:10-29
(a) Approval of his teacher or the principal of the school pursuant to10-30
subsection 1 of NRS 392.130; or10-31
(b) Notice of his parent or legal guardian or other person who has10-32
control or charge over the pupil pursuant to subsection 3 of NRS10-34
may again be declared a habitual truant.10-35
3. Notwithstanding the provisions of NRS 392.040 to the contrary,10-36
the provisions of this section apply to all pupils who are less than 1810-37
years of age and enrolled in public schools, including, without limitation,10-38
pupils who are 17 years of age or older but less than 18 years of age.10-39
Sec. 11. NRS 392.142 is hereby amended to read as follows: 392.142 1.10-41
10-42
11-1
11-2
act, if it appears after investigation that11-3
school police officer or law enforcement agency to whom the report is11-4
made shall prepare manually or electronically a citation directing the pupil11-5
to appear in the proper juvenile court.11-6
11-7
parent, guardian or any other person who has control or charge of the pupil11-8
by:11-9
(a) The local law enforcement agency;11-10
(b) A school police officer employed by the board of trustees of the11-11
school district; or11-12
(c) An attendance officer appointed by the board of trustees of the11-13
school district.11-14
11-15
citations in NRS 171.1773.11-16
4. Notwithstanding the provisions of NRS 392.040 to the contrary,11-17
the provisions of this section apply to all pupils who are less than 1811-18
years of age and enrolled in public schools, including, without limitation,11-19
pupils who are 17 years of age or older but less than 18 years of age.11-20
Sec. 11.3. NRS 392.160 is hereby amended to read as follows: 392.160 1. Any peace officer, the attendance officer or any other11-22
school officer shall, during school hours, take into custody without warrant:11-23
(a) Any child between the ages of 7 and 17 years; and11-24
(b) Any child who has arrived at the age of 6 years but not at the age of11-25
7 years and is enrolled in a public school,11-26
who has been reported to him by the teacher, superintendent of schools or11-27
other school officer as an absentee from instruction upon which he is11-28
lawfully required to attend.11-29
2. Any peace officer, the attendance officer or any other school11-30
officer shall, during school hours, take into custody without warrant any11-31
child who is 17 years of age or older but less than 18 years of age if:11-32
(a) The child is enrolled in a public school; and11-33
(b) A teacher, superintendent of schools or other school officer has11-34
reported the child as absent from instruction.11-35
3. Except as otherwise provided in subsection11-36
(a) During school hours, the officer having custody shall forthwith11-37
deliver the child to the superintendent of schools, principal or other school11-38
officer at the child’s school of attendance.11-39
(b) After school hours, the officer having custody shall deliver the child11-40
to the parent, guardian or other person having control or charge of the11-41
child.11-42
11-43
of a charter school may enter into an agreement with a counseling agency to12-1
permit delivery of the child to the agency. For the purposes of this12-2
subsection, "counseling agency" means an agency designated by the school12-3
district in which the child is enrolled to provide counseling for the child12-4
and the parent, guardian or other person having control or charge of the12-5
child.12-6
Sec. 11.7. NRS 392.360 is hereby amended to read as follows:12-7
392.360 1. A board of trustees of a school district may permit school12-8
buses or vehicles belonging to the school district to be used for the12-9
transportation of public school pupils to and from:12-10
(a) Interscholastic contests;12-11
(b) School festivals; or12-12
(c) Other activities properly a part of a school program.12-13
2. In addition to the use of school buses and vehicles authorized12-14
pursuant to subsection 1, the board of trustees of a school district may12-15
permit school buses and vehicles belonging to the school district to be12-16
used for the transportation of children to and from:12-17
(a) Programs for the supervision of children before and after school;12-18
and12-19
(b) Other programs or activities that the board of trustees deems12-20
appropriate,12-21
regardless of whether such programs or activities are part of a school12-22
program.12-23
3. The use of school buses or vehicles belonging to the school district12-24
for the purposes enumerated in12-25
governed by regulations made by the board of trustees, which must not12-26
conflict with regulations of the state board .12-27
supervision for each vehicle so used must be furnished by school12-28
authorities, and each school bus must be operated by a driver qualified12-29
under the provisions of NRS 392.300 to 392.410, inclusive.12-30
12-31
in12-32
period. The time spent operating, inspecting, loading, unloading, repairing12-33
and servicing the vehicle and waiting for passengers must be included in12-34
determining the 15-hour period. After 10 hours of operating a vehicle, the12-35
driver must rest for 10 hours before he again operates a vehicle for such12-36
purposes.12-37
12-38
adopt regulations to carry out the provisions of subsection12-39
Sec. 12. NRS 62.090 is hereby amended to read as follows: 62.090 1. The judge, in his discretion, may appoint any person12-41
qualified by previous experience, training and demonstrated interest in the12-42
welfare of children as master. The master, upon the order of the judge in12-43
proceedings arising under the provisions of this chapter, may swear13-1
witnesses and take evidence. No probation officer may act as master unless13-2
the proceeding concerns13-3
(a) Minor traffic offense13-4
(b) Child who is alleged to be a habitual truant.13-5
2. Each master who is first appointed after July 1, 1981, shall attend13-6
instruction at the National College of Juvenile and Family Law in Reno,13-7
Nevada, in a course designed for the training of new judges of the juvenile13-8
courts on the first occasion when such instruction is offered after he is13-9
appointed.13-10
3. The compensation of a master in juvenile sessions may not be taxed13-11
against the parties, but when fixed by the judge must be paid out of13-12
appropriations made for the expenses of the district court.13-13
4. The judge may direct that the facts in any juvenile court proceeding,13-14
from the inception of the matter, be found by the master in the same manner13-15
as in the district court. Within 10 days after the evidence before him is13-16
closed, the master shall file with the judge all papers relating to the case,13-17
written findings of fact and recommendations.13-18
5. Notice in writing of the master’s findings and recommendations,13-19
together with the notice of right of appeal as provided in this section, must13-20
be given by the master, or someone designated by him, to the parent,13-21
guardian or custodian, if any, of the child, to the child’s attorney, to the13-22
district attorney, and to any other person concerned. A hearing by the court13-23
must be allowed if a person entitled to notice files with the court a request13-24
for a hearing and the request is filed within 5 days after the giving of the13-25
notice. The findings and recommendations of the master, upon approval by13-26
the court evidenced by signature, constitute a decree of the court.13-27
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 petition13-29
for revocation may be signed by any person, including the district attorney,13-30
who has knowledge of the facts alleged, or is informed of them and13-31
believes that they are true.13-32
2. A petition alleging that a child is in need of supervision may be13-33
signed only by:13-34
(a) A representative of a public or private agency licensed or authorized13-35
to provide care or supervision of children;13-36
(b) A representative of a public or private agency providing social13-37
service for families; or13-38
(c) A school police officer13-39
officer or probation officer.13-40
3. The district attorney shall prepare and sign every petition alleging13-41
delinquency or need of supervision, and shall represent the petitioner in all13-42
proceedings.14-1
4. The petition must be entitled, "In the Matter of ................, a child,"14-2
and must be verified by the person who signs it.14-3
5. The petition must set forth specifically:14-4
(a) The facts which bring the child within the jurisdiction of the court as14-5
indicated in NRS 62.040, and the date when delinquency occurred or need14-6
of supervision arose .14-7
(b) The name, date of birth and address of the residence of the child .14-8
(c) The names and address of the residence of his parents, guardian or14-9
custodian, and spouse if any. If neither of his parents, guardian or custodian14-10
resides or can be found within the state, or if their addresses are unknown,14-11
the petition must state the name of any known adult relative residing within14-12
the state, or if there is none, the known adult relative residing nearest to the14-13
court .14-14
(d) Whether the child is in custody, and if so, the place of detention and14-15
the time he was taken into custody.14-16
6. When any of the facts required by subsection 5 are not known, the14-17
petition must so state.14-18
Sec. 14. NRS 62.224 is hereby amended to read as follows: 62.224 1. In addition to any other action authorized pursuant to the14-20
provisions of this chapter, if a child is found to be in need of supervision14-21
because he is a habitual truant, the court shall:14-22
(a) The first time the child is found to be in need of supervision because14-23
he is a habitual truant:14-24
(1) Order the child to14-25
(I) Pay a fine of not more than $100 pursuant to paragraph (l) of14-26
subsection 1 of NRS 62.211 and the administrative assessment required by14-27
NRS 62.223;14-28
(II) Perform not less than 8 hours but not more than 16 hours of14-29
community service in compliance with the provisions of subsection 3;14-30
and14-31
(2) If the child is 14 years of age or older, order the suspension of the14-32
child’s driver’s license for 30 days. If the child does not possess a driver’s14-33
license, the court shall prohibit the child from applying for a driver’s14-34
license for 30 days:14-35
(I) Immediately following the date of the order if the child is14-36
eligible to apply for a driver’s license; or14-37
(II) After the date he becomes eligible to apply for a driver’s14-38
license if the child is not eligible to apply for a driver’s license.14-39
(b) The second or any subsequent time the child is found to be in need14-40
of supervision because he is a habitual truant:14-41
(1) Order the child to:15-1
(I) Pay a fine of not more than $200 pursuant to paragraph (l) of15-2
subsection 1 of NRS 62.211 and the administrative assessment required by15-3
NRS 62.223;15-4
(II) Perform not more than 10 hours of community service in15-5
compliance with the provisions of subsection 3; or15-6
(III) Comply with the requirements set forth in both sub-15-7
subparagraphs (I) and (II); and15-8
(2) If the child is 14 years of age or older, order the suspension of the15-9
child’s driver’s license for 60 days. If the child does not possess a driver’s15-10
license, the court shall prohibit the child from applying for a driver’s15-11
license for 60 days:15-12
(I) Immediately following the date of the order if the child is15-13
eligible to apply for a driver’s license; or15-14
(II) After the date he becomes eligible to apply for a driver’s15-15
license if the child is not eligible to apply for a driver’s license.15-16
2. The15-17
pursuant to paragraph (a) of subsection 1 if the child attends school for 6015-18
consecutive school days after the imposition of the fine, or has a valid15-19
excuse acceptable to his teacher or the principal for any absence from15-20
school within that period.15-21
3. The community service ordered pursuant to paragraph (a) or (b) of15-22
subsection 1 must be performed:15-23
(a) For and under the supervising authority of a county, city, town or15-24
other political subdivision or agency of this state or a charitable15-25
organization that renders service to the community or its residents; and15-26
(b) At the child’s school of attendance, if practicable.15-27
4. If the court issues an order suspending a child’s driver’s license15-28
pursuant to subsection 1, the15-29
surrender to the court all driver’s licenses then held by the child.15-30
Sec. 15. The amendatory provisions of section 14 of this act do not15-31
apply to children who are found in need of supervision because they are15-32
habitual truants, if all acts of truancy were committed before July 1, 1999.15-33
Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15,15-34
inclusive, of this act become effective on July 1, 1999.15-35
2. Section 11 of this act becomes effective at 12:01 a.m. on July 1,15-36
1999.~