AB195 - Revises provisions governing boards of trustees of school districts. (BDR 34-237)

A.B. 195 - *AB195* ASSEMBLY BILL NO. 195–ASSEMBLYMEMBER YUREK PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing boards of trustees of school districts. (BDR 34-237) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ 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 a board of trustees of a school district; enacting provisions governing term limits for trustees; prohibiting a board of trustees from conducting certain business during a meeting designated as a work session or workshop; 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 Clark County School District) is composed of 2 eleven members, of whom: (1) seven voting members are elected from election 3 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 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 the office. Section 3 of this bill authorizes appointed members of a 17 board of trustees to participate in the appointment of a member to fill a vacancy 18 among the elected members of the board of trustees. Section 4 of this bill 19 – 2 – - *AB195* authorizes appointed members of a board of trustees to serve as officers of the 20 board of 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 more than 12 years. 27 Section 5 of this bill prohibits a board of trustees from conducting certain 28 business related to the members of the board of trustees and their duties at a 29 meeting that has been designated as a work session or workshop. Section 5 also 30 requires appointed members to be included in the membership of a board of trustees 31 for the purposes of calculating the existence of a quorum for the transaction of 32 business. 33 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 – 3 – - *AB195* (b) Two districts which are as nearly equal in population as 1 practicable, each of which includes approximately one-half of the 2 population of the county. 3  The districts must be composed of contiguous territory. 4 4. Each elected trustee of a school district to which this section 5 applies must reside in the election district which the trustee 6 represents and be elected by the voters of that election district. 7 5. In each school district in which more than 25,000 pupils but 8 not more than 75,000 pupils are enrolled, the board of trustees is 9 composed of seven members who must be elected in an election 10 district established pursuant to subsection 3 by the board of trustees. 11 6. The appointing authority shall make an appointment 12 pursuant to subsection 2 at least 30 days but not more than 90 days 13 before the expiration of the term of office of the incumbent member. 14 7. The term of office of a school trustee is 4 years, 15 commencing on the first Monday of January thereafter next 16 following the election or appointment of the trustee. 17 8. Each trustee shall hold office until his or her successor is 18 appointed or elected and qualified. 19 9. The [nonvoting] members of the board of trustees appointed 20 pursuant to subsection 2 [: 21 (a) Except as otherwise provided in paragraph (b),] shall have 22 the same duties, rights and responsibilities as [voting] elected 23 members of the board of trustees, including, without limitation [, 24 being] : 25 (a) Being involved in any briefings, interviews, evaluations, 26 closed-door sessions and policy and operational discussions; [and] 27 (b) [Do not have voting rights for the election of officers or the 28 authority to serve as an officer of] Voting on matters before the 29 board of trustees [.] , including, without limitation, the election of 30 officers; 31 (c) Making or seconding motions before the board of trustees; 32 (d) Serving as an officer of the board of trustees; and 33 (e) Requesting that an item be added to an agenda or 34 appealing a denial of such a request. 35 10. The board of trustees of a school district may not adopt 36 any policy, bylaw or practice or take any other action to restrict or 37 curtail the duties, rights or responsibilities of a member of the 38 board of trustees based on whether the member was elected or 39 appointed to the office of trustee. 40 Sec. 2. NRS 386.240 is hereby amended to read as follows: 41 386.240 1. A candidate for election to the office of trustee of 42 a school district shall: 43 [1.] (a) Be a qualified elector. 44 – 4 – - *AB195* [2.] (b) Have the qualifications of residence within the county 1 school district required for the office for which he or she seeks 2 election. 3 2. No person, elected or appointed, may serve as a trustee for 4 any school district or combination of school districts in this State 5 for more than 12 years. Accordingly, no person may be elected or 6 appointed to the office of trustee of a school district if the person: 7 (a) Has served as a trustee, or at the expiration of his or her 8 current term if he or she is so serving will have served, 12 years or 9 more, for any school district or combination of school districts in 10 this State; or 11 (b) If elected or appointed, cannot serve the entire term of 12 office without serving more than 12 years for any school district or 13 combination of school districts in this State. 14 Sec. 3. NRS 386.270 is hereby amended to read as follows: 15 386.270 Except as otherwise provided in NRS 386.275: 16 1. Any vacancy occurring among the elected members of a 17 board of trustees must be filled by appointment by the remaining 18 [elected] members of the board at a public meeting held after notice 19 of the meeting is published at least once each week for 2 weeks in a 20 newspaper qualified pursuant to the provisions of chapter 238 of 21 NRS. The appointee shall serve until the next general election, at 22 which time his or her successor must be elected for the balance of 23 the unexpired term. 24 2. Any vacancy occurring among the appointed members of a 25 board of trustees must be filled by the appointing authority. The 26 appointee serves for the balance of the unexpired term and , except 27 as otherwise provided in NRS 386.240, may be reappointed. 28 3. Any person appointed to fill a vacancy must have the 29 qualifications provided in NRS 386.165 or 386.240, as applicable. 30 Sec. 4. NRS 386.310 is hereby amended to read as follows: 31 386.310 1. The board of trustees shall meet and organize by: 32 (a) Electing one of its [elected] members as president. 33 (b) Electing one of its [elected] members as clerk, or by 34 selecting some other qualified person as clerk. 35 (c) Electing additional officers from its [elected] members as 36 may be deemed necessary. 37 (d) Fixing the term of office for each of its officers. 38 2. A record of the organization of the board of trustees must be 39 entered in the minutes, together with the amount of salary to be paid 40 to the clerk. 41 3. Immediately after the organization of the board of trustees, 42 the clerk shall file the names of the president, the clerk and the 43 members of the board of trustees with the Department and the 44 – 5 – - *AB195* county auditor of the county whose boundaries are conterminous 1 with the boundaries of the county school district. 2 Sec. 5. NRS 386.330 is hereby amended to read as follows: 3 386.330 1. The board of trustees shall hold a regular meeting 4 at least once each month, at such time and place as the board shall 5 determine. 6 2. Special meetings of the board of trustees shall be held at the 7 call of the president whenever there is sufficient business to come 8 before the board, or upon the written request of three members of 9 the board. 10 3. The clerk of the board of trustees shall give written notice of 11 each special meeting to each member of the board of trustees by 12 personal delivery of the notice of the special meeting to each trustee 13 at least 1 day before the meeting, or by mailing the notice to each 14 trustee’s residence of record, by deposit in the United States mails, 15 postage prepaid, at least 4 days before the meeting. The notice shall 16 specify the time, place and purpose of the meeting. If all of the 17 members of the board of trustees are present at a special meeting, 18 the lack of notice shall not invalidate the proceedings of the board of 19 trustees. 20 4. A majority of the [elected] members of the board of trustees 21 shall constitute a quorum for the transaction of business, and no 22 action of the board of trustees shall be valid unless such action shall 23 receive, at a regularly called meeting, the approval of a majority of 24 all the [elected] members of the board of trustees. 25 5. The election of officers, the appointment of members to fill 26 a vacancy pursuant to subsection 1 of NRS 386.270, the adoption 27 or amendment of any policies governing the operation of the 28 board of trustees and all other business relating to members and 29 their duties may be conducted during a regular or special meeting 30 of the board of trustees, except that such business must not be 31 conducted during a meeting that has been designated as a work 32 session or workshop. 33 6. In any county whose population is 55,000 or more, the board 34 of trustees may cause each meeting of the board to be broadcast on a 35 television station created to provide community access to cable 36 television by using the facilities of the school district, county or any 37 city located in the county. The board of trustees and the county or 38 city shall cooperate fully with each other to determine: 39 (a) The feasibility of televising the meetings of the board of 40 trustees; 41 (b) The costs to televise the meetings of the board of trustees for 42 each proposed method of televising; and 43 (c) The number of potential viewers of the meetings of the board 44 of trustees for each proposed method of televising. 45 – 6 – - *AB195* [6.] 7. Except in an emergency that impacts the school district, 1 the board of trustees shall not take any action or corrective action at 2 a regular meeting or special meeting on an item that has been posted 3 on its agenda pursuant to chapter 241 of NRS after 11:59 p.m. on 4 the day of the meeting. If the board of trustees has not taken action 5 or corrective action, as applicable, on any item that is on its agenda 6 before 11:59 p.m. on the day of the meeting, the board of trustees 7 must not take any further action or corrective action on any item that 8 is on the meeting agenda unless the board of trustees: 9 (a) Schedules the delayed agenda item at a future meeting by 10 placing the item on its agenda for the future meeting pursuant to 11 chapter 241 of NRS; or 12 (b) Waits until at least 24 hours after the originally scheduled 13 time of the meeting but not later than 3 business days after the 14 originally scheduled date of the meeting to take action or corrective 15 action. 16 [7.] 8. As used in this [Text truncated for display. Full text available on LegiScan.]