AB323 - Revises provisions relating to certain changes in the use of school buildings. (BDR 34-526)

A.B. 323 - *AB323* ASSEMBLY BILL NO. 323–COMMITTEE ON EDUCATION (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON EDUCATION) MARCH 3, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to certain changes in the use of school buildings. (BDR 34-526) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1, 2) (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; exempting the addition of prekindergarten to the grades taught at a school from procedures required to change the use of a school; revising the procedure for changing the location of, closing or changing the use of a school; prohibiting the closure of a school for certain reasons; and providing other matters properly relating thereto. Legislative Counsel’s Digest: When the board of trustees of a school district proposes to change the location 1 of a school, close a school or change the use of a school building to a purpose other 2 than the teaching of kindergarten through 12th grade, existing law requires the 3 board of trustees to: (1) give 30 days’ written notice to the principals and teachers 4 of the affected school and to the parents of the children attending the school; and 5 (2) publish a notice of the subject, time and place of the meeting at which the 6 matter will be considered. (NRS 393.080) Section 1 of this bill exempts from those 7 requirements a proposal to add prekindergarten to the grades that are taught at a 8 school. Section 1 also: (1) requires the board of trustees to notify members of the 9 community who reside within 1 mile of a school for which a change of location, 10 closure or change of use is proposed; and (2) prescribes the required contents of the 11 notice of a proposal to close a school that the board of trustees is required to 12 provide to parents, teachers and the community. Section 1 additionally prohibits the 13 board of trustees from basing a decision to close a school on: (1) any damage or 14 – 2 – - *AB323* other impact to the school caused by a flood or fire; or (2) the number of pupils 15 enrolled in the school. 16 Existing law authorizes a resident of a school district who is aggrieved by a 17 decision of the board of trustees of a school district to close or change the use of a 18 school to make a written request to the board for a hearing for reconsideration of 19 the decision. (NRS 393.085) Section 2 of this bill: (1) requires the State Board of 20 Education to review a final decision of the board of trustees to close or change the 21 use of a school, regardless of whether the board of trustees holds such a 22 reconsideration hearing; and (2) prescribes the process for such review. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 393.080 is hereby amended to read as follows: 1 393.080 1. The board of trustees of a school district may: 2 (a) Build, purchase or rent schoolhouses and other school 3 buildings, including, but not limited to, teacherages, gymnasiums 4 and stadiums, and dormitories and dining halls as provided in 5 NRS 393.090. 6 (b) Enter into lease agreements for school facilities with an 7 option to purchase the facilities. 8 (c) Change the location of schools. 9 (d) [Close] Except as otherwise provided in subsection 4, close 10 a school or change the use of the school building to a purpose other 11 than the teaching of [kindergarten] prekindergarten through 12th 12 grade. 13 (e) Supervise and inspect the work performed pursuant to a 14 contract to which the provisions of NRS 393.110 apply. 15 2. Any board of trustees which proposes to change the location 16 of a school, close a school or change the use of a school building as 17 provided in subsection 1 shall [give] : 18 (a) Give 30 days’ written notice to the [principal] : 19 (1) Principal and teachers of the affected school [and to the 20 parents] ; 21 (2) Parents of the children attending that school [. In 22 addition the board of trustees shall publish] ; and 23 (3) Members of the community who reside within a 1 mile 24 radius of that school; and 25 (b) Publish a notice of the subject, time and place of the 26 meeting at which the matter will be considered, in a newspaper of 27 general circulation in the county at least 10 days before the meeting. 28 3. The written notice of a proposal to close a school must 29 include, without limitation: 30 (a) The reason for the proposal to close the school; 31 (b) Any documentation of costs associated with the closure of 32 the school; and 33 – 3 – - *AB323* (c) The scope of work which would be necessary for the school 1 to remain open. 2 4. The board of trustees shall not base a decision to close a 3 school pursuant to this section on: 4 (a) Any damage or other impact to the school caused by a 5 flood or fire; or 6 (b) The number of pupils enrolled in the school. 7 Sec. 2. NRS 393.085 is hereby amended to read as follows: 8 393.085 1. Any resident of a school district who is aggrieved 9 by a decision of the board of trustees to close or change the use of a 10 school under NRS 393.080 may, within 30 days after the decision is 11 rendered, make a written request to the board for a hearing for 12 reconsideration of the decision. The board shall schedule the hearing 13 within 30 days after receiving the request and shall publish a notice 14 of the time and place of the hearing in a newspaper of general 15 circulation in the county at least 10 days before the hearing. If no 16 written request for a hearing for reconsideration is filed within the 17 time prescribed in this subsection, the decision of the board of 18 trustees becomes final for the purpose of review by the State Board 19 pursuant to subsection 3. 20 2. Upon a hearing for reconsideration, the board of trustees 21 may affirm, modify or reverse the decision. If, after a hearing for 22 reconsideration, the board of trustees takes no action relating to or 23 reverses the decision to close or change the use of a school, the 24 school must remain open. The decision of the board of trustees 25 after its reconsideration hearing is [a] final [decision subject to 26 judicial] for the purpose of: 27 (a) Review by the State Board pursuant to subsection 3, if the 28 decision is to close or change the use of the school; or 29 (b) Judicial review as provided by law [.] , if the decision is to 30 allow the school to remain open. 31 3. Except as otherwise provided in this subsection, if the 32 decision of the board of trustees to close or change the use of a 33 school becomes final pursuant to subsection 1 or 2, the State 34 Board shall review the decision at its next regular meeting after 35 the decision becomes final pursuant to subsection 1 or 2, as 36 applicable. If such a decision becomes final within 10 business 37 days before the next regular meeting of the State Board, the State 38 Board shall delay the review until the next following regular 39 meeting. 40 4. After a review is completed pursuant to subsection 3, the 41 State Board may affirm, modify or reverse the decision of the 42 board of trustees. If the State Board takes no action relating to or 43 reverses the decision to close or change the use of a school, the 44 school must remain open. 45 – 4 – - *AB323* 5. A decision by the State Board after a review is completed 1 pursuant to subsection 3 is final for the purpose of judicial review 2 as provided by law. 3 Sec. 3. The amendatory provisions of this act do not apply to 4 any decision of the board of trustees of a school district pursuant to 5 NRS 393.080 or 393.085 that became final before July 1, 2025. 6 Sec. 4. The provisions of NRS 354.599 do not apply to any 7 additional expenses of a local government that are related to the 8 provisions of this act. 9 Sec. 5. This act becomes effective on July 1, 2025. 10 H