AB532 - Revises provisions relating to fee waivers granted by the Board of Regents of the University of Nevada. (BDR 34-524)

A.B. 532 - *AB532* ASSEMBLY BILL NO. 532–COMMITTEE ON EDUCATION (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON EDUCATION) MARCH 24, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to fee waivers granted by the Board of Regents of the University of Nevada. (BDR 34-524) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to higher education; revising provisions relating to fee waivers for certain students; providing for the continuity of waivers previously provided to certain students; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits the Board of Regents of the University of Nevada from 1 assessing, with certain exceptions, tuition charges against certain students, 2 including those who are bona fide residents of this State. (NRS 396.540) Existing 3 law authorizes the Board of Regents to grant a waiver of registration, laboratory 4 and other mandatory fees assessed against certain students, including a student who 5 is: (1) an active member of the Nevada National Guard; (2) the child, widow or 6 widower of a person killed while performing duties as a member of the Nevada 7 National Guard; (3) a veteran who has been awarded the Purple Heart or the child 8 of such a veteran; (4) the child or spouse of a person identified as a prisoner of war 9 or missing in action while performing duties as a member of the Armed Forces of 10 the United States; (5) identified as a homeless or unaccompanied pupil; and (6) a 11 member or a descendent of a member of certain Indian tribes. Existing law provides 12 that in most cases, a student to whom a waiver is granted: (1) is deemed to be a 13 bona fide resident of this State for the purpose of assessing tuition and fees; (2) 14 must maintain a cumulative grade point average of at least 2.0 to be eligible for the 15 waiver; and (3) is limited to using the waiver for certain courses and programs. 16 (NRS 396.544, 396.5442, 396.5443, 396.5445, 396.5448, 396.5449) Sections 2-8 17 of this bill eliminate these and other similar provisions prescribing the terms and 18 limitations of certain fee waivers granted to students who meet certain eligibility 19 – 2 – - *AB532* criteria. Instead, section 1 of this bill establishes a consolidated waiver which 20 requires the Board of Regents to waive all registration, laboratory and other 21 mandatory fees assessed against a student enrolled full-time or part-time in certain 22 undergraduate or graduate degree programs and who meets certain eligibility 23 criteria. 24 Section 1 limits the applicability of the consolidated waiver to certain 25 undergraduate and graduate courses and programs of study. In order to receive a 26 waiver under section 1, an eligible student must: (1) complete the Free Application 27 for Federal Student Aid, if the student is eligible under federal law to complete the 28 application; and (2) maintain at least a 2.0 grade point average, on a 4.0 grading 29 scale, each semester, or its equivalent if a different scale is used. Section 1 requires 30 the Board of Regents to apply all scholarships, grants and other financial assistance, 31 not including loans, to which a student is entitled for a semester towards the fees 32 assessed against the student for that semester before granting a waiver to cover the 33 remaining balance of those fees. Section 1 authorizes the Board of Regents to seek 34 certain assistance to verify the eligibility of a student to receive a waiver. Section 1 35 also requires the Board of Regents to treat a student who is granted a fee waiver as 36 a bona fide resident of this State for the purpose of assessing fees and tuition 37 charges. 38 Section 1 requires the Board of Regents to publish the programs and courses 39 for which the waiver may be used before the start of each semester. Sections 2-8 40 make conforming changes to apply the terms of the waiver established by section 1 41 to all existing waivers and revise internal references. Section 9 of this bill provides 42 that a student who is currently enrolled in the System as of July 1, 2025, and who 43 has been granted a waiver under existing law for a program which is not covered by 44 section 1 is entitled to continue to use that waiver for that program until July 1, 45 2029, if the waiver granted under section 1 would not cover such program. 46 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 396 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in this section, the Board of 3 Regents shall grant a waiver of the payment of registration fees, 4 laboratory fees and any other mandatory fees assessed each 5 semester against a student who attends a school within the System 6 as a full-time or part-time undergraduate or graduate student and 7 meets the criteria for a waiver established pursuant to NRS 8 396.544, 396.5442, 396.5443, 396.5445, 396.5448 or 396.5449. A 9 waiver must not be granted for a student in a trade or vocational 10 program or a professional program. 11 2. The amount of a waiver granted pursuant to subsection 1 12 must be equal to the balance of all registration fees, laboratory 13 fees and any other mandatory fees assessed against a student for a 14 semester after the application of all scholarships, grants and other 15 financial assistance, with the exception of loans, including, 16 without limitation, federal student aid, federal educational benefits 17 – 3 – - *AB532* and other assistance provided by the State, to which the student is 1 entitled for that semester. 2 3. For the purpose of assessing fees and charges against a 3 student to whom a waiver is granted pursuant to this section, 4 including, without limitation, tuition charges assessed pursuant to 5 NRS 396.540, such a student shall be deemed a bona fide resident 6 of this State. 7 4. To be eligible for a waiver under this section, a student 8 must: 9 (a) For every year for which the student seeks a waiver and is 10 eligible to receive federal student aid pursuant to 20 U.S.C. § 11 1091, complete the Free Application for Federal Student Aid 12 provided for by 20 U.S.C. § 1090; and 13 (b) Maintain at least a 2.0 grade point average, on a 4.0 14 grading scale, each semester or the equivalent of a 2.0 grade point 15 average if a different scale is used. 16 5. The Board of Regents shall: 17 (a) Establish policies and procedures prescribing the manner 18 by which a student may apply for a waiver under this section. 19 (b) Publish, on the Internet website maintained by each 20 institution in the System, a list of the undergraduate and graduate 21 programs and courses at the institution that will be covered by the 22 waiver granted pursuant to this section. 23 (c) Ensure that any waiver of registration fees, laboratory fees 24 and any other mandatory fees established by the Board of Regents 25 for which the qualifications, terms and conditions are not 26 established by law is administered in a manner that is consistent 27 with the provisions of this section, such that the administration of 28 fee waivers by the Board of Regents is as uniform as possible. 29 6. The Board of Regents may: 30 (a) Determine whether grants are available to assist the System 31 in defraying the costs of granting waivers pursuant to this section 32 and apply for and accept any such grants. 33 (b) Accept gifts, grants, bequests and donations to fund the 34 waivers granted under this section. 35 (c) Seek assistance from any state agency, board, department, 36 division, commission or officer to verify the eligibility of a student 37 to receive a waiver. 38 (d) Request documentation from a student to confirm his or 39 her eligibility for a waiver. 40 (e) Establish policies and procedures necessary to carry out 41 the provisions of this section. 42 7. As used in this section, “other mandatory fees” includes, 43 without limitation, differential program fees, special course fees, 44 student fees and technology fees. 45 – 4 – - *AB532* Sec. 2. NRS 396.544 is hereby amended to read as follows: 1 396.544 1. The Board of Regents of the University of 2 Nevada [may] shall grant a waiver [of registration fees and 3 laboratory fees for] pursuant to section 1 of this act to any member 4 of the active Nevada National Guard, including, without limitation, 5 a recruit . [, who attends a school within the System as a full-time or 6 part-time student.] 7 2. A member of the active Nevada National Guard who has 8 reenlisted may, in lieu of using the waiver himself or herself and 9 regardless of whether the member was granted a waiver [pursuant to 10 this section] before reenlistment: 11 (a) Assign such a waiver to his or her spouse or child . [for 12 credits applicable toward the course work required for the award to 13 the spouse or child of an associate’s degree, baccalaureate degree or 14 certificate at any school within the System.] 15 (b) Reassign such a waiver to his or her spouse or child, as 16 applicable, if the person to whom the waiver was assigned pursuant 17 to paragraph (a) does not use the waiver . [to attend a school within 18 the System as a full-time or part-time student.] 19  For each period of reenlistment of a member, the benefit 20 provided pursuant to this subsection may only be used by one 21 eligible person. 22 3. [For the purpose of assessing fees and charges against a 23 person to whom a waiver is granted, assigned or reassigned pursuant 24 to subsection 1 or 2, including, without limitation, tuition charges 25 pursuant to NRS 396.540, such a person shall be deemed to be a 26 bona fide resident of this State. 27 4.] A person must be a member in good standing of the active 28 Nevada National Guard, including, without limitation, a recruit, at 29 the beginning of and throughout the entire semester for which the 30 waiver is granted. 31 [5. A person to whom a waiver is granted, assigned or 32 reassigned pursuant to subsection 1 or 2 must maintain at least a 2.0 33 grade point average, on a 4.0 grading scale, each semester for which 34 the waiver is granted, assigned or reassigned, or the equivalent of a 35 2.0 grade point average if a different grading scale is used. 36 6. The Board of Regents may request the Adjutant General to 37 verify the membership in the active Nevada National Guard of a 38 person who is seeking or has been granted a waiver of registration 39 fees and laboratory fees pursuant to subsection 1. 40 7.] 4. The Adjutant General shall: 41 (a) Upon receiving a request from the Board of Regents 42 pursuant to paragraph (c) of subsection 6 [,] of section 1 of this act, 43 notify the Board of Regents in writing concerning the status and 44 dates of membership of a person who is seeking or has been granted 45 – 5 – - *AB532* a waiver [of registration fees and laboratory fees] pursuant to 1 [subsection 1.] section 1 of this act. 2 (b) Maintain a record of any waiver that has been [granted,] 3 assigned or reassigned pursuant to subsection [1 or] 2 and the person 4 to whom the waiver was assigned or reassigned. 5 [(c) Before the beginning of each semester, certify in writing to 6 the Board of Regents that a waiver has been properly assigned or 7 reassigned to the person seeking to use the waiver to attend a school 8 within the System. 9 8.] 5. If a waiver is granted pursuant to [subsection 1 for] 10 section 1 of this act to a recruit made eligible for such a waiver by 11 this section and the recruit does not enter full-time National Guard 12 duty within 1 year after enlisting, the recruit shall reimburse the 13 Board of Regents for all [registration fees and laboratory] fees 14 waived on behalf of the recruit if the recruit’s failure to enter full- 15 time National Guard duty is attributable to his or her own conduct. 16 [9.] 6. As used in this section: 17 (a) “Full-time National Guard duty” has the meaning ascribed to 18 it in 32 U.S.C. § 101(19). 19 (b) “Recruit” means a person who has enlisted in the Nevada 20 National Guard but has not begun his or her required military duty. 21 (c) “Spouse” includes a domestic partner as set forth in 22 NRS 122A.200. 23 Sec. 3. NRS 396.5442 is hereby amended to read as follows: 24 396.5442 1. The Board of Regents [may] shall grant a waiver 25 [of registration fees and laboratory fees for] pursuant to section 1 of 26 this act to a child, widow or widower of a person who was killed 27 while performing his or her duties as a member of the Nevada 28 National Guard. [For the purpose of assessing fees and charges 29 against a person to whom such a waiver is granted, including, 30 without limitation, tuition charges pursuant to NRS 396.540, the 31 person shall be deemed to be a bona fide resident of this State.] 32 2. [A person is eligible for a waiver pursuant to subsection 1 if 33 the person maintains at least a 2.0 grade point average, on a 4.0 34 grading scale, each semester or the equivalent of a 2.0 grade point 35 average if a different scale is used. 36 3.] A child eligible under this section for a waiver pursuant to 37 section 1 of this act may use [a] the waiver granted pursuant to 38 [this] that section for 10 years after the child attains the age of 18 39 years or, if the child enrolls in the System before the age of 18 40 years, for 10 years after the date of such enrollment. A widow or 41 widower eligible under this section for a waiver pursuant to 42 section 1 of this act may use [a] the waiver granted pursuant to 43 [this] that section for 10 years after the date of the death of the 44 member. 45 – 6 – - *AB532* [4. The Board of Regents may request the Adjutant General to 1 verify that a person is the child, widow or widower of a person who 2 was killed while performing his or her duties as a member of the 3 Nevada National Guard. The Adjutant General shall, upon receiving 4 such a request, notify the Board of Regents in writing concerning 5 the status of that person.] 6 Sec. 4. NRS 396.5443 is hereby amended to read as follows: 7 396.5443 1. The Board of Regents shall grant a waiver [of 8 the payment of registration fees, laboratory fe [Text truncated for display. Full text available on LegiScan.]