AB316 - Revises provisions relating to the governance of school districts. (BDR 34-319)

A.B. 316 - *AB316* ASSEMBLY BILL NO. 316–ASSEMBLYMEMBER NGUYEN FEBRUARY 27, 2025 ____________ JOINT SPONSOR: SENATOR TAYLOR ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to the governance of school districts. (BDR 34-319) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. 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 school districts; requiring the board of county commissioners to appoint a nonvoting pupil trustee to the board of trustees of each county school district in this State; revising provisions governing the election and appointment of the board of trustees of each county school district; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that the board of trustees of a county school district 1 consists of 5, 7 or 11 members depending on the number of pupils who are enrolled 2 in the county school district. (NRS 386.120) Section 1 of this bill requires the 3 board of county commissioners to appoint a nonvoting pupil trustee to the board of 4 trustees of each county school district in this State, who must be nominated from 5 the pupils in the county school district. Section 1 outlines the qualifications and 6 procedures for nominating the pupil trustee and the rights and responsibilities of the 7 pupil trustee. Finally, section 1 provides that the pupil trustee has: (1) the same 8 rights as voting members of the board of trustees; (2) the right to receive equivalent 9 training for professional development; and (3) the right to express an opinion 10 before any vote taken by the board of trustees. 11 Sections 2-9 of this bill revise references to the number of trustees on the board 12 of trustees and the election of members of the board of trustees to account for the 13 appointment of the nonvoting pupil trustee. 14 Section 10 of this bill provides that a person appointed to fill a vacancy in the 15 position of pupil trustee must have the qualifications set forth in section 1. 16 – 2 – - *AB316* Section 11 of this bill provides that the training for professional development 17 that the pupil trustee has the right to receive is an exception to the requirements for 18 the training required to be provided to the other trustees. 19 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 386 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The board of county commissioners of each county in this 3 State shall appoint to the board of trustees of the county school 4 district one nonvoting pupil trustee nominated from the pupils in 5 the county school district in accordance with the requirements of 6 subsection 3. 7 2. The pupil trustee appointed pursuant to subsection 1 must: 8 (a) Reside in the county; 9 (b) Be enrolled in grade 11 or 12 as a full-time pupil of a 10 public high school in the county; and 11 (c) Be nominated in accordance with the requirements of 12 subsection 3. 13 3. To be nominated for appointment to the board of trustees: 14 (a) In a county school district where less than 50,000 pupils 15 are enrolled for the current school year, the pupil trustee must be 16 nominated by a majority vote of the pupils enrolled in the public 17 middle schools, junior high schools and high schools in the county 18 school district in a vote conducted in accordance with the policies 19 and regulations of the board of trustees of the county school 20 district. 21 (b) In a county school district where 50,000 or more pupils are 22 enrolled for the current school year: 23 (1) The pupils enrolled in the public middle schools, junior 24 high schools and high schools in each election district within the 25 county school district shall, by majority vote, nominate two pupils 26 to represent the schools at a convention; 27 (2) The pupils nominated pursuant to subparagraph (1) 28 shall, by majority vote, nominate two candidates from amongst 29 themselves to be presented to the pupils enrolled in the public 30 middle schools, junior high schools and high schools in the county 31 school district; and 32 (3) The pupils enrolled in the middle schools, junior high 33 schools and high schools in the county school district shall, by 34 majority vote, nominate from amongst those pupils presented 35 pursuant to subparagraph (2) the pupil to serve as pupil trustee on 36 the board of trustees. 37 – 3 – - *AB316* 4. The term of a pupil trustee appointed to the board of 1 trustees pursuant to subsection 1 is 1 year. 2 5. The pupil trustee appointed pursuant to subsection 1 shall 3 have: 4 (a) The same rights as voting members of the board of trustees, 5 including, without limitation, attending all meetings, being 6 involved in any briefings, evaluations, closed-door sessions and 7 policy and operational discussions and receiving all meeting 8 materials provided to the voting trustees; 9 (b) The right to receive training for professional development 10 that is equivalent to the training provided to the other trustees 11 pursuant to NRS 386.327; and 12 (c) The right to express an opinion before any vote taken by 13 the board of trustees. 14 6. The pupil trustee appointed pursuant to subsection 1 15 represents all pupils within the county school district and shall: 16 (a) Serve as a liaison between the pupils in the county school 17 district and the voting members of the board of trustees; 18 (b) Keep pupils within the county school district informed of 19 the business of the board of trustees; 20 (c) Introduce and speak on matters that impact pupils within 21 the county school district, as appropriate; and 22 (d) Attend not less than 75 percent of the meetings of the board 23 of trustees. 24 Sec. 2. NRS 386.120 is hereby amended to read as follows: 25 386.120 1. The board of trustees of a county school district 26 consists of [5, 7] 6, 8 or [11] 12 members as follows: 27 (a) If more than 75,000 pupils were enrolled during the school 28 year next preceding any general election, the board of trustees 29 consists of [11] 12 members. The members of the board must be 30 elected and appointed as provided in NRS 386.165. 31 (b) If 1,000 or more but not more than 75,000 pupils were 32 enrolled during the school year next preceding any general election, 33 the board of trustees consists of [seven] eight members. Except in 34 school districts in which more than 25,000 pupils are enrolled, the 35 voting members of the board must be elected at large until such time 36 as an alternate manner of election is adopted pursuant to NRS 37 386.200 or NRS 386.205, 386.215 and 386.225. 38 (c) If fewer than 1,000 pupils were enrolled during the school 39 year next preceding any general election, the board of trustees 40 consists of [five] six members. The voting members of the board 41 must be elected as provided in NRS 386.160 until such time as an 42 alternate manner of election is adopted pursuant to NRS 386.200 or 43 NRS 386.205, 386.215 and 386.225. 44 – 4 – - *AB316* (d) If 1,000 or more, but fewer than 1,500 pupils were enrolled 1 during the school year next preceding any general election, the 2 board of trustees consists of [seven] eight members unless the 3 board, on or before December 1 in any year before a general 4 election will be held, adopts a resolution specifying that the board 5 will consist of [five] six members. If the board consists of [seven] 6 eight members, the election of voting members is governed by 7 paragraph (b). If the board consists of [five] six members, the 8 election of voting members is governed by paragraph (c). 9 2. Before the adoption of a resolution pursuant to paragraph (d) 10 of subsection 1, the board of trustees shall post conspicuously, in 11 three different places in the school district, a notice containing in 12 full the text of the resolution with the date upon which the board of 13 trustees of the school district is to meet to act upon the resolution. 14 Posting of the notice must be made not less than 10 days before the 15 date fixed in the resolution for action thereon. 16 3. If a board of trustees adopts a resolution pursuant to 17 paragraph (d) of subsection 1, it must transmit a copy of the 18 resolution to the Superintendent of Public Instruction on or before 19 December 15 of the year before the general election will be held. 20 Sec. 3. NRS 386.160 is hereby amended to read as follows: 21 386.160 1. At the general election in 1980 and every 4 years 22 thereafter, in a county school district where fewer than 1,000 pupils 23 were enrolled during the preceding school year, three trustees shall 24 be elected at large within the district, as follows: 25 (a) One person who resides at the county seat; but if less than 40 26 percent of the residents of the county reside at the county seat then 27 such person need not reside at the county seat. 28 (b) One person who resides in the county but not at the county 29 seat. 30 (c) One person who resides in the county but not at the county 31 seat; but if 80 percent or more of the residents of the county reside 32 at the county seat then a person who resides at the county seat may 33 be elected to the office. 34 2. At the general election in 1982 and every 4 years thereafter, 35 in a county school district where fewer than 1,000 pupils were 36 enrolled during the preceding school year, two trustees shall be 37 elected at large within the district, as follows: 38 (a) One person who resides at the county seat; but if less than 20 39 percent of the residents of the county reside at the county seat then 40 such person need not reside at the county seat. 41 (b) One person who resides in the county but who resides 42 neither at the county seat nor in any incorporated city within the 43 county. 44 – 5 – - *AB316* 3. One nonvoting pupil trustee must be appointed by the 1 board of county commissioners pursuant to section 1 of this act. 2 The term of each person elected to the office of school trustee is 4 3 years. 4 Sec. 4. NRS 386.165 is hereby amended to read as follows: 5 386.165 1. In each county school district in which more than 6 75,000 pupils are enrolled, the board of trustees shall establish seven 7 election districts for school trustees. The districts must be: 8 (a) As nearly equal in population as practicable; and 9 (b) Composed of contiguous territory. 10 2. The board of trustees in each county school district in which 11 more than 75,000 pupils are enrolled is composed of [11] 12 12 members, of whom: 13 (a) Seven voting members must be elected in election districts 14 established pursuant to subsection 1 by the board of trustees. 15 (b) One nonvoting member must be appointed by the board of 16 county commissioners of the county in which the school district is 17 located. The member appointed pursuant to this paragraph must 18 reside in the county in which the school district is located. 19 (c) Three nonvoting members must be appointed by the 20 governing bodies of the three most populous incorporated cities in 21 the county in which the school district is located, with each 22 governing body appointing one member. Each member appointed 23 pursuant to this paragraph must reside in the city in which the 24 governing body is required to make the appointment. 25 (d) One nonvoting pupil trustee must be appointed by the 26 board of county commissioners pursuant to section 1 of this act. 27 3. In each county school district in which more than 25,000 28 pupils but not more than 75,000 pupils are enrolled, the board of 29 trustees shall establish seven election districts for school trustees, as 30 follows: 31 (a) Five districts which are as nearly equal in population as 32 practicable, each of which includes approximately one-fifth of the 33 population of the county; and 34 (b) Two districts which are as nearly equal in population as 35 practicable, each of which includes approximately one-half of the 36 population of the county. 37  The districts must be composed of contiguous territory. 38 4. Each elected trustee of a school district to which this section 39 applies must reside in the election district which the trustee 40 represents and be elected by the voters of that election district. 41 5. In each school district in which more than 25,000 pupils but 42 not more than 75,000 pupils are enrolled, the board of trustees is 43 composed of [seven] eight members [who] , of whom: 44 – 6 – - *AB316* (a) Seven members must be elected in an election district 1 established pursuant to subsection 3 by the board of trustees [.] ; 2 and 3 (b) One nonvoting member must be appointed by the board of 4 county commissioners pursuant to section 1 of this act. 5 6. The appointing authority shall make an appointment 6 pursuant to subsection 2 at least 30 days but not more than 90 days 7 before the expiration of the term of office of the incumbent member. 8 7. [The] Except as otherwise provided in section 1 of this act, 9 the term of office of a school trustee is 4 years, commencing on the 10 first Monday of January thereafter next following the election of the 11 trustee. 12 8. Each trustee shall hold office until his or her successor is 13 appointed or elected and qualified. 14 9. The nonvoting members of the board of trustees appointed 15 pursuant to subsection 2: 16 (a) Except as otherwise provided in paragraph (b), shall have the 17 same rights and responsibilities as voting members of the board of 18 trustees, including, without limitation, being involved in any 19 briefings, interviews, evaluations, closed-door sessions and policy 20 and operational discussions; and 21 (b) Do not have voting rights for the election of officers or the 22 authority to serve as an officer of the board of trustees. 23 Sec. 5. NRS 386.180 is hereby amended to read as follows: 24 386.180 1. If the certificate of the Superintendent of Public 25 Instruction filed with the county clerk states that the pupil 26 enrollment during the preceding school year in a county school 27 district other than Clark or Washoe was less than 1,000, or was 28 1,000 or more but less than 1,500 in a district in which the boa [Text truncated for display. Full text available on LegiScan.]