Amendment No. 1096

Senate Amendment to Assembly Bill No. 15 First Reprint (BDR 34-319)

Proposed by: Committee on Human Resources and Facilities

Amendment Box: Replaces Amendments Nos. 928, 1038 and 1056. Resolves conflict in section 15 with A.B. No. 645 and in section 11 with section 9 of A.B. No. 650. Makes substantive changes.

Resolves Conflicts with: AB645, AB650

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 4, by deleting line 23 and inserting:

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

Amend the bill as a whole by adding a new section designated sec. 2.5, following sec. 2, to read as follows:

"Sec. 2.5. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of sections 3, 4 and 5 of this act apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.".

Amend sec. 3, page 4, line 24, by deleting "three" and inserting "one".

Amend sec. 3, page 4, line 33, by deleting "Submit" and inserting:

"If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit".

Amend sec. 3, page 4, between lines 40 and 41 by inserting:

"4. If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to sections 4 and 5 of this act. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of subsection 2.".

Amend sec. 5, page 6, between lines 29 and 30 by inserting:

"6. If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

7. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or his family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.".

Amend sec. 6, page 7, line 2, by deleting "alternate," and inserting:

"alternate who is also a parent or legal guardian,".

Amend sec. 8, page 8, line 11, after "act." by inserting:

"If the chairman of an advisory board divides the advisory board into subcommittees, the chairman shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.".

Amend sec. 9, page 8, by deleting line 30 and inserting:

"2. [Absence for any part] An unapproved absence for at least one period, or the equivalent of one".

Amend sec. 9, page 8, line 31, by deleting "shall" and inserting "[shall] may".

Amend sec. 9, page 9, between lines 5 and 6, by inserting:

"6. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.".

Amend sec. 10, page 9, line 7, by deleting "[three] five" and inserting "three".

Amend sec. 10, page 9, between lines 15 and 16 by inserting:

"3. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.".

Amend sec. 11, page 9, line 23, by deleting "a written" and inserting:

"manually or electronically a".

Amend sec. 11, page 9, between lines 34 and 35 by inserting:

"4. Notwithstanding the provisions of NRS 392.040 to the contrary, the provisions of this section apply to all pupils who are less than 18 years of age and enrolled in public schools, including, without limitation, pupils who are 17 years of age or older but less than 18 years of age.".

Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:

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

392.160 1. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant:

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

(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,

who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.

2. Any peace officer, the attendance officer or any other school officer shall, during school hours, take into custody without warrant any child who is 17 years of age or older but less than 18 years of age if:

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

(b) A teacher, superintendent of schools or other school officer has reported the child as absent from instruction.

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

(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child’s school of attendance.

(b) After school hours, the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.

[3.] 4. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, "counseling agency" means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.

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

392.360 1. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:

(a) Interscholastic contests;

(b) School festivals; or

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

2. In addition to the use of school buses and vehicles authorized pursuant to subsection 1, the board of trustees of a school district may permit school buses and vehicles belonging to the school district to be used for the transportation of children to and from:

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

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

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

3. The use of school buses or vehicles belonging to the school district for the purposes enumerated in [subsection 1] subsections 1 and 2 is governed by regulations made by the board of trustees, which must not conflict with regulations of the state board . [of education.] Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive.

[3.] 4. A driver shall not operate a vehicle for the purposes enumerated in [subsection 1] subsections 1 and 2 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.

[4.] 5. Before January 1, 1984, the state board [of education] shall adopt regulations to carry out the provisions of subsection [3.] 4.".

Amend sec. 14, page 11, by deleting lines 25 through 34 and inserting:

"NRS 62.223; [and] or

(II) Perform not less than 8 hours but not more than 16 hours of community service in compliance with the provisions of subsection 3; and

(2) If the child is 14 years of age or older, order the suspension of the child’s driver’s license for 30 days. If the child does not possess a driver’s license, the court shall prohibit the child from applying for a driver’s license for 30 days:".

Amend sec. 14, page 12, by deleting line 4 and inserting:

"(II) Perform not more than 10".

Amend sec. 14, page 12, by deleting lines 10 through 13 and inserting:

"child’s driver’s license for 60 days. 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:".

Amend the bill as a whole by deleting sections 15 and 16 and renumbering sections 17 and 18 as sections 15 and 16.

Amend sec. 18, page 13, by deleting line 10 and inserting:

"Sec. 16. 1. This section and sections 1 to 10, inclusive, and 12 to 15, inclusive, of this act become effective on July 1, 1999.

2. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1999.".

Amend the title of the bill, third line, after "truants;" by inserting:

"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;".

Amend the summary of the bill by deleting the first line and inserting:

"SUMMARY—Makes various changes regarding truancy, discipline and transportation of pupils.".