Assembly Amendment to Assembly Bill No. 15 (BDR 34-319)
Proposed by: Committee on Education
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 3, line 3, by deleting "whole." and inserting:
"whole
(1) Provide proof to the school district of successful completion of the examinations of general educational development.
(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.
(3) Withdraw from school to attend another school.".
Amend section 1, page 3, between lines 36 and 37 by inserting:
"
(s) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of section 3 of this act and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of section 3 of this act, for each school in the district and for the district as a whole.".Amend the bill as a whole by deleting sections 2 through 19 and the text of the repealed section and adding new sections designated sections 2 through 18, following section 1, to read as follows:
"Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.
Sec. 3.
1. If a pupil has three or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.2. If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:
(a) Report the pupil to a school police officer or to the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.142; or
(b) Submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with section 4 of this act.
3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2.
Sec. 4.
A written referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written referral or any additional information that the advisory board considers necessary. The school shall provide written notice of the referral to the parents or legal guardian of the pupil. The written notice must include, without limitation:1. The name and address of the pupil referred;
2. A written explanation of the reason for the referral;
3. A summary of the provisions of section 5 of this act; and
4. The address and telephone number of the advisory board to review school attendance.
Sec. 5.
1. If an advisory board to review school attendance receives a written referral of a pupil pursuant to section 4 of this act, the advisory board shall set a date, time and place for a hearing. The pupil and his parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chairman of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:(a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.
(b) A pupil who has been referred to the advisory board.
2. If a pupil and his parents or legal guardian do not attend the hearing, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.
3. If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chairman of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:
(a) Sets forth the findings of the advisory board;
(b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and
(c) Adequately informs the pupil and his parents or legal guardian that if the pupil or his parents or legal guardian do not comply with the terms of the written agreement, the chairman of the advisory board is legally obligated to report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.142.
The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.4. The chairman of an advisory board to review school attendance shall report a pupil to a school police officer or to the appropriate local law enforcement agency if:
(a) The pupil and his parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;
(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;
(c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or
(d) The pupil or his parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.
5. If a chairman of an advisory board makes such a report to a school police officer or local law enforcement agency, the chairman shall:
(a) Submit to the school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.
Sec. 6. NRS 392.126 is hereby amended to read as follows:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his designee or alternate, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the local office of the division of child and family services of the department of human resources, appointed by the executive head of that office.
2. The members of each such board shall elect a chairman from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 7.
NRS 392.127 is hereby amended to read as follows:Sec. 8. NRS 392.128 is hereby amended to read as follows:
392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the [rate of] attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district pursuant to subsection 4 of NRS 385.347;
(b) Identify factors that contribute to the [rate of] truancy of pupils in the school district;
(c) Establish programs to reduce the [rate of] truancy of pupils in the school district;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants ; and [the issuance of citations pursuant to NRS 392.142; and]
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. The chairman of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to section 5 of this act.
3. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the [rate of] truancy of pupils in the school district.
Sec. 9. NRS
392.130 is hereby amended to read as follows: 2. Absence for [any part] at least one period, or the equivalent of one period for the school, of a school day shall be deemed a truancy for the purposes of this section.
3. If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing , in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.
4. An absence which has not been approved pursuant to subsection 1 or 3 shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written notice must be delivered to the parent, legal guardian or other person who has control of the child. The written notice must inform the parents or legal guardian of such absences in a form specified by the department.
5. As used in this section, "physically or mentally unable to attend" does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
Sec. 10. NRS 392.140 is hereby amended to read as follows:
392.140 1. Any child who has been declared a truant
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written:
(a) Approval of his teacher or the principal of the school pursuant to subsection 1 of NRS 392.130; or
(b) Notice of his parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,
may again be declared a habitual truant.
Sec. 11. NRS 392.142 is hereby amended to read as follows:
2.] Upon receipt of [such] a report [,] pursuant to section 3 or 5 of this act, if it appears after investigation that [the] a pupil is a habitual truant, the school police officer or law enforcement agency to whom the report is made shall prepare a written citation directing the pupil to appear in the proper juvenile court.
[3.] 2. A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board of trustees of the school district; or
(c) An attendance officer appointed by the board of trustees of the school district.
[4.] 3. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.
Sec. 12. NRS 62.090 is hereby amended to read as follows:
(a) Minor traffic offense
(b) Child who is alleged to be a habitual truant.
2. Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile and Family Law in Reno, Nevada, in a course designed for the training of new judges of the juvenile courts on the first occasion when such instruction is offered after he is appointed.
3. The compensation of a master in juvenile sessions may not be taxed against the parties, but when fixed by the judge must be paid out of appropriations made for the expenses of the district court.
4. The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.
5. Notice in writing of the master’s findings and recommendations, together with the notice of right of appeal as provided in this section, must be given by the master, or someone designated by him, to the parent, guardian or custodian, if any, of the child, to the child’s attorney, to the district attorney, and to any other person concerned. A hearing by the court must be allowed if a person entitled to notice files with the court a request for a hearing and the request is filed within 5 days after the giving of the notice. The findings and recommendations of the master, upon approval by the court evidenced by signature, constitute a decree of the court.
Sec. 13. NRS 62.130 is hereby amended to read as follows:
2. A petition alleging that a child is in need of supervision may be signed only by:
(a) A representative of a public or private agency licensed or authorized to provide care or supervision of children;
(b) A representative of a public or private agency providing social service for families; or
(c) A school police officer [,] or other school officer, law enforcement officer or probation officer.
3. The district attorney shall prepare and sign every petition alleging delinquency or need of supervision, and shall represent the petitioner in all proceedings.
4. The petition must be entitled, "In the Matter of ................, a child," and must be verified by the person who signs it.
5. The petition must set forth specifically:
(a) The facts which bring the child within the jurisdiction of the court as indicated in NRS 62.040, and the date when delinquency occurred or need of supervision arose . [;]
(b) The name, date of birth and address of the residence of the child
.(c) The names and address of the residence of his parents, guardian or custodian, and spouse if any. If neither of his parents, guardian or custodian resides or can be found within the state, or if their addresses are unknown, the petition must state the name of any known adult relative residing within the state, or if there is none, the known adult relative residing nearest to the court
.(d) Whether the child is in custody, and if so, the place of detention and the time he was taken into custody.
6. When any of the facts required by subsection 5 are not known, the petition must so state.
Sec. 14. NRS 6
2.224 is hereby amended to read as follows:(a) The first time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to [pay] :
(I) Pay a fine of not more than $100 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223; [and]
(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for at least 30 days [.] but not more than 2 years. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for at least 30 days [:] but not more than 2 years:
(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or
(II) After the date he becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.
(b) The second or any subsequent time the child is found to be in need of supervision because he is a habitual truant:
(1) Order the child to:
(I) Pay a fine of not more than $200 pursuant to paragraph (l) of subsection 1 of NRS 62.211 and the administrative assessment required by NRS 62.223;
(II) Perform not less than 16 hours but not more than [10] 32 hours of community service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both sub-subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for [60 days.] at least 90 days but not more than 2 years. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for [60 days:] at least 90 days but not more than 2 years:
(I) Immediately following the date of the order if the child is eligible to apply for a driver’s license; or
(II) After the date he becomes eligible to apply for a driver’s license if the child is not eligible to apply for a driver’s license.
2. The [juvenile] court may suspend the payment of a fine ordered pursuant to paragraph (a) of subsection 1 if the child attends school for 60 consecutive school days after the imposition of the fine, or has a valid excuse acceptable to his teacher or the principal for any absence from school within that period.
3. The community service ordered pursuant to paragraph (a) or (b) of subsection 1 must be performed:
(a) For and under the supervising authority of a county, city, town or other political subdivision or agency of this state or a charitable organization that renders service to the community or its residents; and
(b) At the child’s school of attendance, if practicable.
4. If the court issues an order suspending a child’s driver’s license pursuant to subsection 1, the [judge] court shall require the child to surrender to the court all driver’s licenses then held by the child.
Sec. 15. NRS 483.495 is hereby amended to read as follows:
483.495 The department shall by regulation:
1. Except as otherwise provided in NRS 62.2263 and 62.227 and paragraph (h) of subsection 1 of NRS 62.211, [subsection 7 of NRS 62.224, NRS 62.2263 and 62.227,] set forth any tests and other requirements which are a condition for the reinstatement of a license after any suspension, revocation, cancellation or voluntary surrender of the license. The tests and requirements:
(a) Must provide for a fair evaluation of a person’s ability to operate a motor vehicle; and
(b) May allow for the waiver of certain tests or requirements as the department deems necessary.
2. Set forth the circumstances under which the administrator may, for good cause shown, rescind the revocation, suspension or cancellation of a license, or shorten the period for the suspension of a license.
Sec. 16. The amendatory provisions of section 10 of this act apply to pupils who have not been found, before July 1, 1999, to be in need of supervision because they are habitual truants.
Sec. 17.
The amendatory provisions of section 14 of this act do not apply to children who are found in need of supervision because they are habitual truants, if all acts of truancy were committed before July 1, 1999.Sec. 18. This act becomes effective on July 1, 1999.".
Amend the title of the bill to read as follows:
"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.".