AB184 - Revises provisions relating to interscholastic activities. (BDR 34-186)

- 83rd Session (2025) Assembly Bill No. 184–Assemblymembers Anderson; Dalia, DeLong, D’Silva, Koenig, O’Neill and Torres-Fossett Joint Sponsors: Senators Flores, Taylor; Buck, Krasner and Neal CHAPTER.......... AN ACT relating to interscholastic activities; prohibiting the Nevada Interscholastic Activities Association from retaliating against a school or person for certain activities; prohibiting athletic recruitment; revising provisions governing certain hearings and appeals conducted by the Association; revising provisions governing the eligibility of pupils who transfer schools to participate and practice in a sanctioned sport or other interscholastic activity or event; revising requirements relating to the adoption of regulations by the Association; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, the Nevada Interscholastic Activities Association controls, supervises and regulates all interscholastic athletic events and other interscholastic events in public schools and governs, among other matters, the eligibility and participation of certain pupils in interscholastic activities and events. (NRS 385B.050, 385B.060, 385B.130) Existing law requires the Association to adopt rules and regulations in the same manner provided for state agencies by the Nevada Administrative Procedure Act. (Chapter 233B of NRS, NRS 385B.060) Existing regulations establish certain procedures for classifying and aligning the schools within the Association into leagues or regions, which, in part, require the Board of Control of the Association to determine the classification and alignment of each school by majority vote after conducting a public hearing. (NAC 385B.250) Section 4.5 of this bill: (1) clarifies that the adoption, repeal or amendment of any policy, practice, rule or regulation concerning or affecting pupils, public schools or school districts be accomplished by rule or regulation in conformity with the Nevada Administrative Procedure Act; and (2) requires any change to the classification or alignment of a school or the creation of a new conference, class, region or league be accomplished by regulation. Section 2 of this bill prohibits the Association from taking certain adverse action against a school or person who advocates for or against a policy in certain circumstances. Section 3 of this bill: (1) prohibits athletic recruitment; (2) requires the Association to investigate and, under certain circumstances, hold a hearing on a complaint alleging a violation of that prohibition; and (3) sets forth the penalties for such a violation, including providing that a pupil who enrolls in a school because of athletic recruitment is ineligible to participate and practice in a sanctioned sport at the school. Sections 7 and 8 of this bill make conforming changes to clarify that certain automatic eligibility for a sanctioned sport does not apply to a pupil who enrolled in or transferred to a school because of athletic recruitment. Under existing regulations, any pupil who transfers to another school is presumed ineligible to participate in any sanctioned sport at the school to which the pupil transfers for 180 school days and a pupil may rebut that presumption to – 2 – - 83rd Session (2025) become immediately eligible to participate in certain circumstances. (NAC 385B.716) However, existing law provides that a pupil who is the child of a military family and transferred schools pursuant to the Interstate Compact on Educational Opportunity for Military Children, which is an interstate compact that establishes a framework to facilitate the transfer of children in military families between schools, is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers. (NRS 385B.130, 388F.010) Section 7 additionally provides a separate, one-time grant of eligibility that enables a pupil to immediately participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers, regardless of his or her zone of attendance, if he or she: (1) transfers to a school that uses a lottery system to determine which pupils may enroll; or (2) transfers before enrolling in grade 10. Section 9 of this bill makes a conforming change to prohibit schools from adopting regulations, rules, policies, procedures or requirements that are more restrictive than those prescribed by the Association pursuant to section 7. Section 4 of this bill authorizes a pupil who transfers schools for certain reasons and seeks to be immediately eligible to participate in any sanctioned sport or interscholastic activity or event to submit a request for a waiver to the Association. Section 4 additionally: (1) prescribes certain requirements governing the supporting documentation for such a request; and (2) requires the Association to provide for procedures for reviewing such a request. Existing law authorizes a pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Association to appeal such a decision to a hearing officer appointed by the Executive Director of the Association. Existing law additionally sets forth certain procedural requirements for filing such an appeal. (NRS 385B.100) Section 6 of this bill: (1) sets forth the time period within which such a hearing must be conducted; (2) authorizes a pupil or school to appeal a decision or order made by the hearing officer to the school district within which the pupil is enrolled or the school is located and (3) authorizes the Association to grant an appeal without appointing a hearing officer in certain circumstances. Section 5 of this bill provides that, in addition to a decision of the Association or a designee of the Association that is authorized to make final decisions on disputes on behalf of the Association, a decision of a school district or its designee on an appeal filed pursuant to section 6 must not be stayed by a court pending final judgment on the matter. Section 10 of this bill requires the Association to amend its rules and regulations as necessary to conform with the provisions of sections 1-9 of this bill before July 1, 2026. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 385B of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act. Sec. 2. The Nevada Interscholastic Activities Association shall not penalize, retaliate against or otherwise take any adverse action against a school or person for advocating for or against any – 3 – - 83rd Session (2025) policy, including, without limitation, by communicating with a member of the Legislative Branch, as defined in NRS 218H.090, testifying before a legislative committee or communicating data, views or arguments on a policy to a public body, as defined in NRS 241.015. Sec. 3. 1. A school or any person or organization associated with a school, including, without limitation, administration, staff, coaches, pupils, parents or clubs for supporters, shall not engage in athletic recruitment. Any violation of this subsection by a person or organization associated with a school shall be deemed to be a violation by the school. 2. A pupil shall not transfer to or otherwise enroll in a school as the result of athletic recruitment. A pupil who violates this section is ineligible to participate and practice in a sanctioned sport at that school. 3. Any person who believes that a violation of this section has occurred may file a complaint with the Nevada Interscholastic Activities Association. The Nevada Interscholastic Activities Association shall investigate such a complaint. If the Nevada Interscholastic Activities Association determines, after an investigation, that the complaint is not meritless, the Nevada Interscholastic Activities Association shall hold a hearing on the complaint in accordance with procedures established by regulation of the Nevada Interscholastic Activities Association. 4. If, after conducting a hearing pursuant to subsection 3, the Nevada Interscholastic Activities Association determines that a school has engaged in athletic recruitment, the Nevada Interscholastic Activities Association shall impose the following penalties: (a) For the first violation, the school must be placed on probation and any coach or member of his or her staff who was involved in the athletic recruitment must be suspended for not less than: (1) The remainder of the current season of the sport to which the violation relates, if the suspension is imposed during the season; and (2) The entirety of the next full season of the sport to which the violation relates that immediately follows the imposition of the suspension; (b) For the second violation, any coach or member of his or her staff who was involved in the athletic recruitment must be suspended for not less than 1 school year; and – 4 – - 83rd Session (2025) (c) For the third violation, any coach or member of his or her staff who was involved in the athletic recruitment must be dismissed from his or her position on the athletic staff and suspended from coaching at any school for not less than 2 calendar years. 5. As used in this section: (a) “Athletic recruitment” means any effort to persuade, pressure, urge or entice a pupil to enroll in or transfer to a school for athletic purposes, including, without limitation: (1) Communicating through social media, mail, brochures or other media directed towards the pupil that compares schools or athletic programs or teams or describes the athletic assets of the school with which the sender is affiliated; and (2) Initiating or engaging in persuasive interviews or communications with the pupil. (b) “Social media” means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, live chat, mobile applications, online services or Internet website profiles. Sec. 4. 1. A pupil who transfers from a school to another school is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers if the pupil, or a parent or legal guardian of the pupil, submits to the Nevada Interscholastic Activities Association a request for a waiver of any period of ineligibility based on transferring schools, the Nevada Interscholastic Activities Association approves the request pursuant to this section and the pupil is otherwise eligible to participate and practice in the sanctioned sport or other interscholastic activity or event. If the Nevada Interscholastic Activities Association does not take action on a request submitted pursuant to this section within 30 days after the request is submitted, the request shall be deemed approved. 2. The Nevada Interscholastic Activities Association shall approve a request submitted pursuant to subsection 1 if the pupil, or the parent or legal guardian of the pupil, establishes by a preponderance of the evidence that the pupil transferred to the school because: (a) Of the order or decree of a court of competent jurisdiction that directly or indirectly results in the pupil transferring schools, including, without limitation, any order issued pursuant to chapter 432B of NRS. – 5 – - 83rd Session (2025) (b) The pupil was a victim of assault or bullying at the school in which he or she was previously enrolled and the assault or bullying was likely to continue if the pupil had remained enrolled at the school, as established by evidence submitted pursuant to subsection 3. (c) The pupil was enrolled in an academic program or a Junior Reserve Officers’ Training Corp Program that was discontinued by the school in which he or she was previously enrolled. (d) The pupil was a member of a team that participates in a sanctioned sport that was diminished or eliminated due to budgetary or administrative decisions for the school from which the pupil is transferring. (e) The pupil is in the custody of an agency which provides child welfare services, as defined in NRS 432B.030, and changes residences as a result of a change related to his or her placement. (f) The pupil is a homeless pupil, as determined by a school pursuant to NRS 388.205, and has changed residences. (g) The parent or legal guardian was discharged or released from the uniformed service under conditions other than dishonorable and the pupil is returning to the school in which the pupil was previously enrolled or is transferring to a school in a school district in which the parent or legal guardian of the pupil resides. (h) The pupil was required by the board of trustees of a school district to transfer, and the decision of the board of trustees was not disciplinary. (i) The transfer is in the best interest of the pupil because of a mental health or emotional condition, as documented by a letter from: (1) The school counselor at the school in which the pupil is enrolled; and (2) A physician licensed pursuant to chapter 630 or 633 of NRS or a licensed psychologist. (j) The immediate family of the pupil is experiencing financial hardship, as verified by documentation of the financial status of the parent or legal guardian of the pupil, which may include, without limitation, documentation specifically relating to the status of the pupil as a homeless pupil under the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. §§ 11301 et seq. (k) The school in which the pupil was previously enrolled or the school district within which the school is located provided the public with notice stating that the school: – 6 – - 83rd Session (2025) (1) Will close permanently; or (2) Will be closed temporarily for purposes relating to a renovation or repair of the school. 3. A request made pursuant to paragraph (b) of subsection 2 must be accompanied by evidence of one or more substantiated incidents of assault or bullying of which the pupil who is the subject of the request was a victim. Such evidence may include, without limitation: (a) Documentation produced by the school where the pupil was previously enrolled, the school district in which that school was located or law enforcement; and (b) The testimony of [Text truncated for display. Full text available on LegiScan.]