AB156 - Revises provisions governing the members of the board of trustees of school districts. (BDR 34-689)

(Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 156 - *AB156_R1* ASSEMBLY BILL NO. 156–ASSEMBLYMEMBER MOSCA PREFILED JANUARY 30, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing the members of the board of trustees of school districts. (BDR 34-689) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. CONTAINS UNFUNDED MANDATE (§ 5) (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; revising provisions governing the duties, rights and responsibilities of appointed members of the board of trustees of a school district; enacting provisions governing term limits for trustees; revising provisions governing the salaries of the members of the board of trustees of a school district in certain counties; prohibiting a board of trustees from conducting certain business during a meeting designated as a work session or workshop; authorizing a trustee to solicit gifts or bequests on behalf of and for the school district; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the board of trustees of a school district in which more than 1 75,000 pupils are enrolled (currently only the Clark County School District) is 2 composed of 11 members, of whom: (1) seven voting members are elected from 3 election districts established by the board of trustees; (2) one nonvoting member is 4 appointed by the board of county commissioners of the county in which the school 5 district is located; and (3) three nonvoting members are appointed by the governing 6 bodies of the three most populous incorporated cities in the county in which the 7 school district is located, with each governing body appointing one member. 8 Existing law prohibits a nonvoting member from voting on the election of officers 9 of the board of trustees or serving as an officer of the board of trustees. (NRS 10 386.165) Section 1 of this bill provides that the appointed members of the board of 11 trustees of a school district in which more than 75,000 pupils are enrolled have the 12 same duties, rights and responsibilities as the members of the board of trustees who 13 are elected to the office. Section 1 prohibits a board of trustees from adopting a 14 – 2 – - *AB156_R1* policy, bylaw or practice or otherwise restricting or curtailing the duties, rights or 15 responsibilities of a member based on whether the member was elected or 16 appointed to office. Section 3 of this bill authorizes appointed members of a board 17 of trustees to participate in the appointment of a member to fill a vacancy among 18 the elected members of the board of trustees. Section 4 of this bill authorizes 19 appointed members of a board of trustees to serve as officers of the board of 20 trustees. 21 The Nevada Constitution prohibits, with certain exceptions, a person from 22 being elected to any state office or local governing body if he or she has served in 23 that office, or at the expiration of his or her current term if he or she is so serving, 24 will have served, 12 years or more. (Nev. Const. Art. 15, § 3) Section 2 of this bill 25 prohibits a person, elected or appointed, from serving as a trustee for any school 26 district or combination of school districts for 12 years or more. 27 Existing law establishes the salaries for the members of the board of trustees of 28 school districts based on the population of the county in which the school district is 29 located. Under existing law, the salary of a member of the board of trustees of a 30 school district in a county whose population is 100,000 or more (currently Clark 31 and Washoe Counties) is $750 per month. (NRS 386.320) Section 5 of this bill 32 increases the salary of an elected member of the board of trustees of a school 33 district in a county whose population is 700,000 or more (currently only the Clark 34 County School District) to an amount equal to the base salary of a county 35 commissioner of that county. Existing law establishes the base salary of such a 36 county commissioner as an amount equal to 112.551 percent of the amount of the 37 base annual salary for a county commissioner that was in effect on January 1, 2015. 38 (NRS 245.043) Section 5 authorizes the board of county commissioners in a county 39 whose population is less than 700,000 (currently all counties other than Clark 40 County), or an appointing authority of an appointed member of a board of trustees 41 in a county whose population is 700,000 or more (currently only Clark County), to 42 provide additional compensation for a member of the board of trustees such that the 43 salary of the member is equal to the salary of a county commissioner in that county. 44 Section 5 requires the salary of a member of the board of trustees to be paid from 45 the funds of the school district, except that any additional compensation authorized 46 to be paid by the board of county commissioners or an appointing authority must be 47 paid from the funds of that entity. 48 Section 8 of this bill limits the salary increase authorized in section 5 for the 49 elected members of the boards of trustees of a school district in a county whose 50 population is 700,000 or more to those members who were elected to a term of 51 office that begins on or after January 1, 2027, including members who are reelected 52 to a term of office that begins on or after that date. Section 8 prohibits the salary of 53 an appointed member of the board of trustees of a school district in a county whose 54 population is 700,000 or more from being increased by the appointing authority 55 without the consent of the member during any term that is being served on 56 January 1, 2027. Section 9 of this bill prohibits a school district from reducing the 57 compensation for teachers and other educational personnel and support staff to fund 58 the increase in compensation for elected members of a board of trustees required by 59 section 5. 60 Section 6 of this bill prohibits a board of trustees from conducting certain 61 business related to the members of the board of trustees and their duties at a 62 meeting that has been designated as a work session or workshop. Section 6 also 63 requires appointed members to be included in the membership of a board of trustees 64 for the purposes of calculating the existence of a quorum for the transaction of 65 business. 66 Existing law authorizes a board of trustees to accept on behalf of and for the 67 school district certain gifts or bequests of money or property. (NRS 386.390) 68 Section 7 of this bill, subject to certain limitations, authorizes a member of the 69 – 3 – - *AB156_R1* board of trustees to solicit such a gift or bequest on behalf of and for the school 70 district. 71 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 386.165 is hereby amended to read as follows: 1 386.165 1. In each county school district in which more than 2 75,000 pupils are enrolled, the board of trustees shall establish seven 3 election districts for school trustees. The districts must be: 4 (a) As nearly equal in population as practicable; and 5 (b) Composed of contiguous territory. 6 2. The board of trustees in each county school district in which 7 more than 75,000 pupils are enrolled is composed of 11 members, of 8 whom: 9 (a) Seven [voting] members must be elected in election districts 10 established pursuant to subsection 1 by the board of trustees. 11 (b) One [nonvoting] member must be appointed by the board of 12 county commissioners of the county in which the school district is 13 located. The member appointed pursuant to this paragraph must 14 reside in the county in which the school district is located. 15 (c) Three [nonvoting] members must be appointed by the 16 governing bodies of the three most populous incorporated cities in 17 the county in which the school district is located, with each 18 governing body appointing one member. Each member appointed 19 pursuant to this paragraph must reside in the city in which the 20 governing body is required to make the appointment. 21 3. In each county school district in which more than 25,000 22 pupils but not more than 75,000 pupils are enrolled, the board of 23 trustees shall establish seven election districts for school trustees, as 24 follows: 25 (a) Five districts which are as nearly equal in population as 26 practicable, each of which includes approximately one-fifth of the 27 population of the county; and 28 (b) Two districts which are as nearly equal in population as 29 practicable, each of which includes approximately one-half of the 30 population of the county. 31  The districts must be composed of contiguous territory. 32 4. Each elected trustee of a school district to which this section 33 applies must reside in the election district which the trustee 34 represents and be elected by the voters of that election district. 35 5. In each school district in which more than 25,000 pupils but 36 not more than 75,000 pupils are enrolled, the board of trustees is 37 composed of seven members who must be elected in an election 38 district established pursuant to subsection 3 by the board of trustees. 39 – 4 – - *AB156_R1* 6. The appointing authority shall make an appointment 1 pursuant to subsection 2 at least 30 days but not more than 90 days 2 before the expiration of the term of office of the incumbent member. 3 7. The term of office of a school trustee is 4 years, 4 commencing on the first Monday of January thereafter next 5 following the election or appointment of the trustee. 6 8. Each trustee shall hold office until his or her successor is 7 appointed or elected and qualified. 8 9. The [nonvoting] members of the board of trustees appointed 9 pursuant to subsection 2 [: 10 (a) Except as otherwise provided in paragraph (b),] shall have 11 the same duties, rights and responsibilities as [voting] elected 12 members of the board of trustees, including, without limitation [, 13 being] : 14 (a) Being involved in any briefings, interviews, evaluations, 15 closed-door sessions and policy and operational discussions; [and] 16 (b) [Do not have voting rights for the election of officers or the 17 authority to serve as an officer of] Voting on matters before the 18 board of trustees [.] , including, without limitation, the election of 19 officers; 20 (c) Making or seconding motions before the board of trustees; 21 (d) Serving as an officer of the board of trustees; and 22 (e) Requesting that an item be added to an agenda or 23 appealing a denial of such a request. 24 10. The board of trustees of a school district may not adopt 25 any policy, bylaw or practice or take any other action to restrict or 26 curtail the duties, rights or responsibilities of a member of the 27 board of trustees based on whether the member was elected or 28 appointed to the office of trustee. 29 Sec. 2. NRS 386.240 is hereby amended to read as follows: 30 386.240 1. A candidate for election to the office of trustee of 31 a school district shall: 32 [1.] (a) Be a qualified elector. 33 [2.] (b) Have the qualifications of residence within the county 34 school district required for the office for which he or she seeks 35 election. 36 2. No person, elected or appointed, may serve as a trustee for 37 any school district or combination of school districts in this State 38 for 12 years or more. Accordingly, no person may be elected or 39 appointed to the office of trustee of a school district if the person: 40 (a) Has served as a trustee, or at the expiration of his or her 41 current term if he or she is so serving will have served, 12 years or 42 more, for any school district or combination of school districts in 43 this State; or 44 – 5 – - *AB156_R1* (b) If elected or appointed, cannot serve the entire term of 1 office without serving 12 years or more for any school district or 2 combination of school districts in this State. 3 Sec. 3. NRS 386.270 is hereby amended to read as follows: 4 386.270 Except as otherwise provided in NRS 386.275: 5 1. Any vacancy occurring among the elected members of a 6 board of trustees must be filled by appointment by the remaining 7 [elected] members of the board at a public meeting held after notice 8 of the meeting is published at least once each week for 2 weeks in a 9 newspaper qualified pursuant to the provisions of chapter 238 of 10 NRS. The appointee shall serve until the next general election, at 11 which time his or her successor must be elected for the balance of 12 the unexpired term. 13 2. Any vacancy occurring among the appointed members of a 14 board of trustees must be filled by the appointing authority. The 15 appointee serves for the balance of the unexpired term and , except 16 as otherwise provided in NRS 386.240, may be reappointed. 17 3. Any person appointed to fill a vacancy must have the 18 qualifications provided in NRS 386.165 or 386.240, as applicable. 19 Sec. 4. NRS 386.310 is hereby amended to read as follows: 20 386.310 1. The board of trustees shall meet and organize by: 21 (a) Electing one of its [elected] members as president. 22 (b) Electing one of its [elected] members as clerk, or by 23 selecting some other qualified person as clerk. 24 (c) Electing additional officers from its [elected] members as 25 may be deemed necessary. 26 (d) Fixing the term of office for each of its officers. 27 2. A record of the organization of the board of trustees must be 28 entered in the minutes, together with the amount of salary to be paid 29 to the clerk. 30 3. Immediately after the organization of the board of trustees, 31 the clerk shall file the names of the president, the clerk and the 32 members of the board of trustees with the Department and the 33 county auditor of the county whose boundaries are conterminous 34 with the boundaries of the county school district. 35 Sec. 5. NRS 386.320 is hereby amended to read as follows: 36 386.320 1. Except as otherwise provided in subsection 2: 37 (a) Each member of the board of trustees of a school district in a 38 county whose population is less than 20,000 must receive a salary of 39 $250 per month. 40 [2.] [Text truncated for display. Full text available on LegiScan.]