AB292 - Revises provisions relating to education. (BDR 34-613)

A.B. 292 - *AB292* ASSEMBLY BILL NO. 292–ASSEMBLYMEMBERS LA RUE HATCH, NGUYEN; ANDERSON, D’SILVA AND JACKSON FEBRUARY 25, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-613) 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; revising provisions governing the design, construction and alteration of certain school buildings; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires that each school district must, in designing, constructing 1 and altering school buildings and facilities, comply with the requirements of the 2 Americans with Disabilities Act of 1990, and certain federal regulations adopted 3 pursuant thereto. (42 U.S.C. §§ 12101 et seq.; NRS 393.110) This bill additionally 4 requires that each school district must include a designated space for 5 prekindergarten programs in each elementary school building that is used primarily 6 for the educational instruction of pupils and that is designed, constructed or altered 7 on or after July 1, 2025. 8 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 393.110 is hereby amended to read as follows: 1 393.110 1. Each school district shall, in the design, 2 construction and alteration of school buildings and facilities [, 3 comply] : 4 (a) Comply with the applicable requirements of the Americans 5 with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the 6 – 2 – - *AB292* regulations adopted pursuant thereto, including, without limitation, 1 the Americans with Disabilities Act Accessibility Guidelines for 2 Buildings and Facilities set forth in Appendix A of Part 36 of Title 3 28 of the Code of Federal Regulations. The requirements of this 4 [subsection] paragraph are not satisfied if a school district complies 5 solely with the Uniform Federal Accessibility Standards set forth in 6 Appendix A of Part 101-19.6 of Title 41 of the Code of Federal 7 Regulations. 8 (b) Include a designated space for a prekindergarten program 9 in each elementary school building that is used primarily for the 10 educational instruction of pupils and that is designed, constructed 11 or altered on or after July 1, 2025. 12 2. In a county whose population is 700,000 or more: 13 (a) The board of trustees of the school district shall establish a 14 building department for the school district. 15 (b) Except as otherwise provided in NRS 477.030, the board of 16 trustees of the school district shall regulate all matters relating to the 17 construction, maintenance and safety of buildings, facilities, 18 structures and property of the school district. 19 (c) Except as otherwise provided in NRS 477.030, the board of 20 trustees of the school district shall adopt any building, electrical or 21 safety codes as necessary to carry out the provisions of this 22 subsection. 23 (d) The board of trustees of the school district shall ensure that 24 the building department established by the board of trustees reviews 25 the plans, designs and specifications for the erection of new school 26 buildings and for the addition to or alteration of existing school 27 buildings and facilities. 28 (e) The building department established by the board of trustees 29 shall, in accordance with subsection 4, conduct a review of plans, 30 designs and specifications for the erection of new school buildings 31 and for the addition to or alteration of existing school buildings and 32 facilities. 33 (f) The provisions of NRS 278.585 do not apply to the school 34 district in its regulation of buildings, facilities, structures and 35 property of the school district. 36 3. In a county whose population is less than 700,000: 37 (a) Except as otherwise provided in paragraph (b), unless 38 standard plans, designs and specifications are to be used as provided 39 in NRS 385.125, before letting any contract or contracts for the 40 erection of any new school building or for any addition to or 41 alteration of an existing school building, the board of trustees of the 42 county school district shall submit the plans, designs and 43 specifications to, and obtain written approval of the plans, designs 44 and specifications by, the building department of the county or other 45 – 3 – - *AB292* appropriate local building department in the county, and all other 1 local agencies or departments whose approval is necessary for the 2 issuance of the appropriate permit. The approval of the State Fire 3 Marshal is not required for any plans, designs and specifications 4 reviewed by a building department pursuant to this paragraph. 5 (b) If there is no county building department or other 6 appropriate local building department in the county in which the 7 school district is located, the board of trustees of the school district 8 shall enter into an agreement with the State Public Works Division 9 of the Department of Administration, a private certificate holder or a 10 local building department in another county to obtain the required 11 reviews of the plans, designs and specifications and to have the 12 required inspections conducted. The approval of the State Fire 13 Marshal is not required for any plans, designs and specifications 14 reviewed by a private certificate holder or building department 15 pursuant to this paragraph. 16 (c) A permit for construction must be issued before the school 17 district commences construction. 18 (d) The county building department or other appropriate local 19 building department, the State Public Works Division of the 20 Department of Administration or the private certificate holder, as 21 applicable, shall conduct inspections of all work to determine 22 compliance with the approved plans, designs and specifications. An 23 inspection of the work by the State Fire Marshal is not required if 24 the work is inspected by the private certificate holder or building 25 department. 26 (e) A department, agency, private certificate holder or the State 27 Public Works Division of the Department of Administration is 28 authorized to charge and collect, and the board of trustees of the 29 county school district is authorized to pay, a reasonable fee for: 30 (1) Review of the plans, designs or specifications as required 31 by this subsection; or 32 (2) The inspections conducted pursuant to this subsection. 33 4. In conducting reviews pursuant to this section, the State 34 Public Works Division of the Department of Administration, 35 building department or private certificate holder, as applicable, shall 36 verify that the plans, designs and specifications comply with: 37 (a) The applicable requirements of the relevant codes adopted by 38 this State, including, without limitation, the applicable requirements 39 of any relevant codes and regulations adopted by the State Fire 40 Marshal; 41 (b) The applicable requirements of the relevant codes adopted 42 by the local authority having jurisdiction; and 43 (c) All applicable requirements of the Americans with 44 Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the 45 – 4 – - *AB292* regulations adopted pursuant thereto, including, without limitation, 1 the Americans with Disabilities Act Accessibility Guidelines for 2 Buildings and Facilities set forth in Appendix A of Part 36 of Title 3 28 of the Code of Federal Regulations. The requirements of this 4 subsection are not satisfied if the plans, designs and specifications 5 comply solely with the Uniform Federal Accessibility Standards set 6 forth in Appendix A of Part 101-19.6 of Title 41 of the Code of 7 Federal Regulations. 8 5. No contract for any of the purposes specified in this section 9 made by a board of trustees of a school district contrary to the 10 provisions of this section is valid, nor shall any public money be 11 paid for erecting, adding to or altering any school building in 12 contravention of this section. 13 6. As used in this section, “private certificate holder” means a 14 person who, as applicable, holds a valid certification issued by the 15 International Code Council or its successor: 16 (a) To review plans, designs and specifications for the erection 17 of, addition to or alteration of a school building; 18 (b) To inspect work to ensure that the erection of, addition to or 19 alteration of a school building is carried out in conformance with the 20 relevant plans, designs and specifications; or 21 (c) To perform the activities described in paragraphs (a) and (b). 22 Sec. 2. The provisions of NRS 354.599 do not apply to any 23 additional expenses of a local government that are related to the 24 provisions of this act. 25 H