AB397 - Revises provisions relating to higher education. (BDR 34-653)

- 83rd Session (2025) Assembly Bill No. 397–Assemblymember Watts Joint Sponsor: Senator Taylor CHAPTER.......... AN ACT relating to higher education; revising provisions governing certain waivers of fees provided by the Board of Regents of the University of Nevada; revising the criteria of eligibility for a waiver of fees by the Board of Regents for certain persons who are or were unaccompanied for a certain period of time; revising the criteria of eligibility for a waiver of fees by the Board of Regents for certain Native American students; providing for the continuity of waivers previously provided for certain Native American students; repealing certain provisions requiring the Chancellor of the Nevada System of Higher Education to cause to be analyzed certain natural materials upon the request of a resident of this State; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes, or in certain cases, requires the Board of Regents of the University of Nevada to grant a waiver of the payment of certain fees, including registration and laboratory fees, assessed against certain students. Existing law generally requires those students who are granted a waiver by the Board of Regents to maintain a cumulative grade point average of 2.0 on a 4.0 grading scale and prescribes certain other qualifications of eligibility for each such waiver. (NRS 396.544, 396.5442, 396.5443, 396.5445, 396.5446, 396.5448, 396.5449) Sections 1.1-1.8 of this bill standardize provisions and qualifications for each waiver that the Board of Regents may grant to certain students. Specifically, sections 1.1-1.4 and 1.6 require the amount of each waiver to be equal to the full balance of registration fees, laboratory fees and all other mandatory fees assessed against a student after all scholarships, grants and other financial assistance, not including loans, to which the student is entitled for that semester are applied to the balance of such fees owed by the student for the semester. Section 1.5 establishes a similar requirement for a waiver of not less than half of all registration fees, laboratory fees and all other mandatory fees that the Board of Regents may waive for a veteran enrolled in certain graduate programs. (NRS 396.5446) Sections 1.1-1.8 require each student seeking a waiver to, for each year for which the student seeks a waiver, complete: (1) the Free Application for Federal Student Aid; or (2) an alternative form for financial aid provided by the school in which the student is enrolled, if the student is ineligible under federal law to complete the Free Application for Federal Student Aid. Sections 1.1-1.8 also replace requirements that each student maintain a certain cumulative grade point average with a requirement that a student to whom a waiver is granted meet satisfactory academic progress, as determined by the school in which the student is enrolled. Existing law authorizes the Board of Regents to grant a waiver of registration fees and laboratory fees for a person who is identified as a homeless or unaccompanied pupil. (NRS 396.5448). Section 1.6 of this bill requires, rather than authorizes, the Board of Regents to grant the waiver and revises the criteria that a person is required to meet to qualify for the waiver. Specifically, section 1.6 – 2 – - 83rd Session (2025) requires that a person: (1) be 25 years of age or less when the person enrolls in the Nevada System of Higher Education; (2) for a period of not less than 6 months at any time after the person attained the age of 13 years have been an unaccompanied youth and, during that period, have been homeless or self-supporting and at risk of becoming homeless. Section 1.6 also limits the waiver to persons who are enrolled in an undergraduate degree program at a school within the System. Existing law authorizes the Board of Regents to request documentation from a person requesting such a waiver to verify that the person meets the criteria required to qualify for the waiver. (NRS 396.5448) Section 1.6 requires, rather than authorizes, the Board of Regents to request documentation to verify that the person was an unaccompanied youth and homeless or self-supporting and at risk of becoming homeless for a period of not less than 6 months after attaining 13 years of age. Existing law requires the Board of Regents to waive all registration fees, laboratory fees and any other mandatory fees assessed against a student who is a member of a federally recognized Indian tribe or nation or certified as a descendant of an enrolled member of such an Indian tribe or nation and who is: (1) a bona fide resident of this State; (2) a member or descendant of an enrolled member of an Indian tribe or nation, all or part of which is located within the boundaries of this State; or (3) has been a resident of this State for not less than 1 year and is currently a resident on qualified tribal land, whether his or her actual residence is located within or outside of this State. (NRS 369.5449) Section 1.8 instead provides that, to qualify for the waiver, a member of a federally recognized Indian tribe or nation or a certified descendant of an enrolled member of such an Indian tribe or nation must: (1) be a member or descendant of an enrolled member of an Indian tribe or nation, all or part of which is located within the boundaries of this State, regardless of whether the actual residence of the person is located within or outside of the boundaries of this State; (2) have graduated from a high school in this State; (3) have successfully completed a high school equivalency assessment which was selected by the State Board of Education and administered in this State; (4) be currently enrolled in a high school in this State; or (5) be a descendant of a person who formerly attended the Stewart Indian School. Section 3 of this bill makes the changes made by sections 1.6 and 1.8 to the waivers for unaccompanied youth and Native American students, respectively, effective on July 1, 2026, and July 1, 2025, respectively. Section 1.9 of this bill requires the Board of Regents to continue providing a waiver of fees for certain Native American students through July 1, 2030 to a student who: (1) received the waiver between July 1, 2024, and July 1, 2026; (2) as of July 1, 2026, is enrolled in the System; and (3) who would otherwise be eligible to continue receiving the waiver, based on the criteria and conditions established for the waiver in effect as of July 1, 2024. Existing law requires the Chancellor of the System to direct an appropriate person employed by the System to analyze any ores, minerals, soil or water taken from within the boundaries of this State which are sent to the Chancellor by any resident of this State for the purpose of performing such an analysis. (NRS 396.620-396.660) Section 2 of this bill repeals this requirement. – 3 – - 83rd Session (2025) 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. (Deleted by amendment.) Sec. 1.1. NRS 396.544 is hereby amended to read as follows: 396.544 1. The Board of Regents of the University of Nevada may grant a waiver of the payment of registration fees , [and] laboratory fees and any other mandatory fees assessed each semester for any member of the active Nevada National Guard, including, without limitation, a recruit, who attends a school within the System as a full-time or part-time student. 2. A member of the active Nevada National Guard who has reenlisted may, in lieu of using the waiver himself or herself and regardless of whether the member was granted a waiver pursuant to this section before reenlistment: (a) Assign such a waiver to his or her spouse or child for credits applicable toward the course work required for the award to the spouse or child of an associate’s degree, baccalaureate degree or certificate at any school within the System. (b) Reassign such a waiver to his or her spouse or child, as applicable, if the person to whom the waiver was assigned pursuant to paragraph (a) does not use the waiver to attend a school within the System as a full-time or part-time student.  For each period of reenlistment of a member, the benefit provided pursuant to this subsection may only be used by one eligible person. 3. The amount of any waiver granted, assigned or reassigned pursuant to subsection 1 or 2 must be equal to the balance of all registration fees, laboratory fees and any other mandatory fees assessed against the person to whom the waiver is granted, assigned or reassigned, as applicable, remaining for a semester after the application of all scholarships, grants and other financial assistance, with the exception of loans, to which the person is entitled for that semester, including, without limitation: (a) Federal student aid; (b) Federal educational benefits; (c) Scholarships awarded pursuant to the Governor Guinn Millennium Scholarship Program pursuant to NRS 396.911 to 396.945, inclusive; (d) Grants awarded pursuant to the Silver State Opportunity Grant Program pursuant to NRS 396.950 to 396.960, inclusive; – 4 – - 83rd Session (2025) (e) Scholarships awarded pursuant to the Nevada Promise Scholarship Program pursuant to NRS 396.961 to 396.9685, inclusive; and (f) Any other scholarships, grants and other financial assistance provided or awarded by the Board of Regents or any other State entity. 4. For the purpose of assessing fees and charges against a person to whom a waiver is granted, assigned or reassigned pursuant to subsection 1 or 2, including, without limitation, tuition charges pursuant to NRS 396.540, such a person shall be deemed to be a bona fide resident of this State. [4.] 5. A person must be a member in good standing of the active Nevada National Guard, including, without limitation, a recruit, at the beginning of and throughout the entire semester for which the waiver is granted. [5.] 6. A person to whom a waiver is granted, assigned or reassigned pursuant to subsection 1 or 2 must [maintain at least a 2.0 grade point average, on a 4.0 grading scale, each semester for which the waiver is granted, assigned or reassigned, or the equivalent of a 2.0 grade point average if a different grading scale is used.] : (a) For every year for which the person is granted, assigned or reassigned a waiver: (1) If the person is eligible to receive federal student aid for that year pursuant to 20 U.S.C. § 1091, complete the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090; or (2) If the person is not eligible to receive federal student aid for that year pursuant to 20 U.S.C. § 1091, complete an alternative form as may be prescribed by the school in which the person is enrolled to evaluate the financial needs of the person for financial assistance. (b) Meet satisfactory academic progress, as defined by federal requirements established pursuant to Title IV of the Higher Education Act of 1965, 20 U.S.C. §§ 1001 et seq., and determined by the school in which the person is enrolled. [6.] 7. The Board of Regents may request the Adjutant General to verify the membership in the active Nevada National Guard of a person who is seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1. [7.] 8. The Adjutant General shall: (a) Upon receiving a request from the Board of Regents pursuant to subsection [6,] 7, notify the Board of Regents in writing concerning the status and dates of membership of a person who is – 5 – - 83rd Session (2025) seeking or has been granted a waiver of registration fees and laboratory fees pursuant to subsection 1. (b) Maintain a record of any waiver that has been granted, assigned or reassigned pursuant to subsection 1 or 2 and the person to whom the waiver was assigned or reassigned. (c) Before the beginning of each semester, certify in writing to the Board of Regents that a waiver has been properly assigned or reassigned to the person seeking to use the waiver to attend a school within the System. [8.] 9. If a waiver is granted pursuant to subsection 1 for a recruit and the recruit does not enter full-time National Guard duty within 1 year after enlisting, the recruit shall reimburse the Board of Regents for all registration fees and laboratory fees waived on behalf of the recruit if the recruit’s failure to enter full-time National Guard duty is attributable to his or her own conduct. [9.] 10. As used in this section: (a) “Full-time National Guard duty” has the meaning ascribed to it in 32 U.S.C. § 101(19). (b) “Other mandatory fees” includes, without limitation, differential program fees, special course fees, student fees and technology fees. (c) “Recruit” means a person who has enlisted in the Nevada National Guard but has not begun his or her required military duty. [(c)] (d) “Spouse” includes a domestic partner as set forth in NRS 122A.200. Sec. 1.2. NRS 396.5442 is hereby amended to read as follows: 396.5442 1. The Board of Regents may grant a waiver of the payment of registration fees , [and] laboratory fees and any other mandatory fees assessed each semester for a child, widow or widower of a person who was killed while performing his or her duties as a member of the Nevada National Guard. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, including, without limitation, tuition charges pursuant to NRS 396.540, the person shall be deemed to be a bona fide resident of this State. 2. [A person is] The amount of any waiver granted pursuant to subsection 1 must be equal to the balance of all registration fees, laboratory fees and any other mandatory fees assessed against the person to whom the waiver is granted remaining for the semester after the application of all scholarships, grants and other financial assistance, with the exception of loans, to which the person is entitled for that semester, including, without limitation: – 6 – - 83rd Session (2025) (a) Federal student aid; (b) Federal educational benefits; (c) Scholarships awarded pursuant to the Governor Guinn Millennium Scholarship Program pursuant to NRS 396.911 to 396.945, inclusive; (d) Grants awarded pursuant to the Silver State Opportunity Grant Program pursuant to NRS 396.950 to 396.960, inclusive; (e) Scholarships awarded pursuant to the Nevada Promise Scholarship Program pursuant to NRS 396.961 to 3 [Text truncated for display. Full text available on LegiScan.]