AB53 - Establishes provisions relating to outdoor recreational education. (BDR 34-509)

A.B. 53 - *AB53* ASSEMBLY BILL NO. 53–COMMITTEE ON EDUCATION (ON BEHALF OF THE LIEUTENANT GOVERNOR) PREFILED NOVEMBER 19, 2024 ____________ Referred to Committee on Education SUMMARY—Establishes provisions relating to outdoor recreational education. (BDR 34-509) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; providing for pupils in elementary school to receive a certain amount of outdoor recess each school day, with certain exceptions; authorizing the approval of academic credit for outdoor recreational activities under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the board of trustees of each school district to provide 1 instruction in physical education to the pupils enrolled in the public schools within 2 the school district. (NRS 389.018) Section 1 of this bill requires the board of 3 trustees of a school district or the governing body of a charter school to adopt a 4 policy requiring at least 20 minutes of outdoor recess each school day for pupils in 5 kindergarten and grades 1 through 5. Section 1 requires the policy to include 6 provisions: (1) exempting certain pupils who are unable to participate in recess; (2) 7 prohibiting the denial of recess for reasons related to academics or behavior, except 8 in certain circumstances; and (3) requiring certain alternatives for outdoor recess 9 when weather or other conditions make outdoor recess unsafe or otherwise 10 inappropriate. 11 Section 2 of this bill authorizes the board of trustees of a school district or the 12 governing body of a charter school to authorize a pupil enrolled in junior high or 13 middle school or high school to receive academic credit for completing certain 14 approved outdoor recreational activities outside of school hours. 15 – 2 – - *AB53* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 388 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The board of trustees of each school district shall adopt a 3 policy to require each elementary school in the school district to 4 provide recess each school day to pupils in kindergarten and 5 grades 1 to 5, inclusive. 6 2. The governing body of each charter school that provides 7 instruction to pupils in kindergarten or grade 1, 2, 3, 4 or 5 shall 8 adopt a policy to require each such school to provide recess each 9 school day to each such pupil. 10 3. The policy adopted pursuant to subsection 1 or 2 must 11 include, without limitation: 12 (a) A requirement that each elementary school within the 13 school district or the charter school, as applicable, provide at least 14 20 minutes of outdoor recess each school day to each pupil in 15 kindergarten or grade 1, 2, 3, 4 or 5; 16 (b) A provision for an exemption if a pupil is unable to 17 participate in recess because of an illness or a disability or is 18 otherwise physically unable to participate in recess; 19 (c) A provision prohibiting a teacher, an administrator or any 20 other person from denying a pupil the outdoor recess required 21 pursuant to paragraph (a) for reasons relating to behavior or 22 academics, except when: 23 (1) An academic goal cannot reasonably be achieved 24 through other means; or 25 (2) The safety or welfare of the pupil or other persons 26 cannot reasonably be protected through other means; and 27 (d) A provision for substituting appropriate indoor activities 28 for the outdoor recess required pursuant to paragraph (a) in the 29 event that weather or other conditions make outdoor recess unsafe 30 or otherwise inappropriate. 31 Sec. 2. Chapter 389 of NRS is hereby amended by adding 32 thereto a new section to read as follows: 33 1. The board of trustees of a school district or the governing 34 body of a charter school may authorize a pupil enrolled in a junior 35 high or middle school or a high school who completes an outdoor 36 recreational activity that is approved pursuant to subsection 2 to 37 receive credit toward the total number of credits required for 38 promotion to high school or graduation from high school, as 39 applicable. Any credit earned for completing an outdoor 40 recreational activity pursuant to this section must be applied 41 towards the pupil’s elective course credit. 42 – 3 – - *AB53* 2. The board of trustees of a school district or the governing 1 body of a charter school may approve for credit pursuant to 2 subsection 1 an outdoor recreational activity that: 3 (a) Is completed outside of school hours; 4 (b) Requires a pupil to spend a significant amount of time 5 outdoors; and 6 (c) Teaches the pupil skills that are relevant to outdoor 7 education which may include, without limitation: 8 (1) Identifying plants and animals native to this State; 9 (2) Building trails; 10 (3) Restoring natural habitats; 11 (4) Outdoor survival skills; 12 (5) Outdoor sportsmanship skills, including, without 13 limitation, hiking and archery; and 14 (6) Bird watching. 15 3. If the board of trustees of a school district or the governing 16 body of a charter school approves outdoor recreational activities 17 for credit pursuant to subsection 1, the board of trustees or 18 governing body, as applicable, shall prescribe the: 19 (a) Maximum amount of total credits that a pupil may earn for 20 completing outdoor recreational activities; 21 (b) Rules regarding how a pupil may apply for such credit 22 upon the completion of an approved outdoor recreational activity; 23 and 24 (c) Procedures for obtaining the consent of a parent or legal 25 guardian of a pupil before the pupil may participate in an outdoor 26 recreational activity for which credit will be granted. 27 4. This section shall not be construed to require the board of 28 trustees of a school district or the governing body of a charter 29 school to provide, facilitate or spend money to provide, facilitate or 30 sponsor any outdoor recreational activity. 31 Sec. 3. The provisions of NRS 354.599 do not apply to any 32 additional expenses of a local government that are related to this act. 33 Sec. 4. 1. This section becomes effective upon passage and 34 approval. 35 2. Sections 1, 2 and 3 of this act become effective: 36 (a) Upon passage and approval for the purpose of adopting any 37 regulations and performing any other preparatory administrative 38 tasks that are necessary to carry out the provisions of this act; and 39 (b) On July 1, 2025, for all other purposes. 40 H