SB237 - Revises provisions relating to education. (BDR 34-542)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B. 237 - *SB237_R1* SENATE BILL NO. 237–SENATORS NGUYEN, CANNIZZARO, SCHEIBLE, PAZINA, STEINBECK; CRUZ-CRAWFORD, KRASNER, ROGICH, STONE AND TITUS FEBRUARY 26, 2025 ____________ JOINT SPONSOR: ASSEMBLYMEMBER NGUYEN ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-542) 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 education; prohibiting the Board of Regents of the University of Nevada from assessing tuition charges or certain fees against students who are a surviving spouse or child of a person killed in the line of duty as a member of the Armed Forces of the United States; revising certain provisions relating to the waiver of certain fees for public safety officers who are killed in the line of duty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the Board of Regents of the University of Nevada to 1 grant a waiver of certain fees for persons with a connection to the Armed Forces of 2 the United States. (NRS 396.544, 396.5442, 396.5443, 396.5445) Section 1 of this 3 bill requires the Board of Regents to grant a waiver of registration fees and other 4 fees to a person who is a surviving spouse or child of a person killed in the line of 5 duty while on active duty as a member of the Armed Forces. 6 Existing law authorizes the Board of Regents to assess tuition charges, which 7 are charges that are in addition to registration fees and other fees assessed against 8 students who are residents of this State, for students at all campuses of the Nevada 9 System of Higher Education who are not residents of Nevada. Existing law also 10 prohibits the Board of Regents from assessing tuition charges against certain 11 students. (NRS 396.540) Section 1.5 of this bill adds to this prohibition students 12 – 2 – - *SB237_R1* who are a surviving spouse or child of a person killed in the line of duty while on 13 active duty as a member of the Armed Forces. 14 Existing law requires the Board of Regents, to the extent money is available, to 15 pay certain fees and expenses associated with undergraduate classes taken at a 16 school within the System by the dependent child of a public safety officer who was 17 killed in the line of duty or any other public employee who was killed in the 18 performance of his or her duties. (NRS 396.545) Section 2 of this bill expands the 19 applicability of this provision to include the surviving spouse of such a public 20 safety officer or such a public employee. Section 2 further revises the definition of 21 a “public safety officer killed in the line of duty” to include a public safety officer 22 who, under certain circumstances, dies as a result of injuries sustained while 23 traveling to or from his or her place of employment. 24 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. The Board of Regents shall grant a waiver of the payment 3 of registration fees, laboratory fees and any other mandatory fees 4 assessed or incurred by a person who is a surviving spouse or 5 child of a person killed in the line of duty while on active duty as a 6 member of the Armed Forces of the United States. 7 2. The waiver must be granted to a person who enrolls in any 8 program offered by a school within the System, including, without 9 limitation, a trade or vocational program, a graduate program or a 10 professional program. 11 3. For purposes of assessing fees and charges against a 12 person to whom a waiver is granted pursuant to this section, 13 including, without limitation, tuition charges pursuant to NRS 14 396.540, such a person shall be deemed to be a bona fide resident 15 of this State. 16 4. A child may use a waiver granted pursuant to this section 17 for 10 years after the child attains 18 years of age or, if the child 18 enrolls in the System before attaining 18 years of age, for 10 years 19 after the date of such enrollment. A surviving spouse may use a 20 waiver granted pursuant to this section for 10 years after the date 21 of the death of the member of the Armed Forces of the United 22 States. 23 5. The Board of Regents may request such documentation as 24 it deems necessary to verify that a person is the surviving spouse 25 or child of a person killed in the line of duty while on active duty 26 as a member of the Armed Forces of the United States. 27 Sec. 1.5. NRS 396.540 is hereby amended to read as follows: 28 396.540 1. For the purposes of this section: 29 – 3 – - *SB237_R1* (a) “Bona fide resident” shall be construed in accordance with 1 the provisions of subsections 5 and 6, NRS 10.155 and policies 2 established by the Board of Regents, to the extent that those policies 3 do not conflict with any statute. The qualification “bona fide” is 4 intended to ensure that the residence is genuine and established for 5 purposes other than the avoidance of tuition. 6 (b) “Matriculation” has the meaning ascribed to it in regulations 7 adopted by the Board of Regents. 8 (c) “Tuition charge” means a charge assessed against students 9 who are not residents of Nevada and which is in addition to 10 registration fees or other fees assessed against students who are 11 residents of Nevada. 12 2. The Board of Regents may fix a tuition charge for students 13 at all campuses of the System, but tuition charges must not be 14 assessed against: 15 (a) All students whose families have been bona fide residents of 16 the State of Nevada for at least 12 months before the matriculation 17 of the student at a university, state college or community college 18 within the System; 19 (b) All students whose families reside outside of the State of 20 Nevada, providing such students have themselves been bona fide 21 residents of the State of Nevada for at least 12 months before their 22 matriculation at a university, state college or community college 23 within the System; 24 (c) All students whose parent, legal guardian or spouse is a 25 member of the Armed Forces of the United States who: 26 (1) Is on active duty and stationed at a military installation in 27 the State of Nevada or a military installation in another state which 28 has a specific nexus to this State, including, without limitation, the 29 Marine Corps Mountain Warfare Training Center located at Pickel 30 Meadow, California; or 31 (2) Was on active duty and stationed at a military installation 32 in the State of Nevada or a military installation in another state 33 which has a specific nexus to this State, including, without 34 limitation, the Marine Corps Mountain Warfare Training Center 35 located at Pickel Meadow, California, on the date on which the 36 student is admitted to an institution of the System if such students 37 enroll and maintain continuous enrollment at an institution of the 38 System; 39 (d) All students who are using benefits under the Marine 40 Gunnery Sergeant John David Fry Scholarship pursuant to 38 41 U.S.C. § 3311(b)(8); 42 (e) All public school teachers who are employed full-time by 43 school districts in the State of Nevada; 44 – 4 – - *SB237_R1* (f) All full-time teachers in private elementary, secondary and 1 postsecondary educational institutions in the State of Nevada whose 2 curricula meet the requirements of chapter 394 of NRS; 3 (g) Employees of the System who take classes other than during 4 their regular working hours; 5 (h) Members of the Armed Forces of the United States who are 6 on active duty and stationed at a military installation in the State of 7 Nevada or a military installation in another state which has a 8 specific nexus to this State, including, without limitation, the Marine 9 Corps Mountain Warfare Training Center located at Pickel Meadow, 10 California; 11 (i) Veterans of the Armed Forces of the United States who were 12 honorably discharged and who were on active duty while stationed 13 at a military installation in the State of Nevada or a military 14 installation in another state which has a specific nexus to this State, 15 including, without limitation, the Marine Corps Mountain Warfare 16 Training Center located at Pickel Meadow, California, on the date of 17 discharge; 18 (j) Except as otherwise provided in subsection 3, veterans of the 19 Armed Forces of the United States who were honorably discharged; 20 (k) Veterans of the Armed Forces of the United States who have 21 been awarded the Purple Heart; 22 (l) All students who are: 23 (1) Veterans using Post-9/11 Educational Assistance 24 pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive, and became 25 eligible for such benefits on or after January 1, 2013; or 26 (2) Spouses or dependents using Post-9/11 Educational 27 Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive; 28 (m) All students who are using Survivors’ and Dependents’ 29 Educational Assistance pursuant to 38 U.S.C. §§ 3500 to 3566, 30 inclusive; 31 (n) All students who are a surviving spouse or child of a 32 person killed in the line of duty while on active duty in the Armed 33 Forces of the United States; 34 (o) Students who graduated from a high school located in this 35 State or who successfully completed the high school equivalency 36 assessment selected by the State Board pursuant to NRS 390.055 if 37 the assessment was administered in this State, regardless of whether 38 the student or the family of the student have been bona fide 39 residents of the State of Nevada for at least 12 months before the 40 matriculation of the student at a university, state college or 41 community college within the System; and 42 [(o)] (p) All students who have been granted a waiver pursuant 43 to NRS 396.5449. 44 – 5 – - *SB237_R1* 3. The Board of Regents may grant more favorable exemptions 1 from tuition charges for veterans of the Armed Forces of the United 2 States than the exemptions provided pursuant to subsection 2, if 3 required for the receipt of federal money. 4 4. The Board of Regents may grant exemptions from tuition 5 charges each semester to other worthwhile and deserving students 6 from other states and foreign countries, in a number not to exceed a 7 number equal to 3 percent of the total matriculated enrollment of 8 students for the last preceding fall semester. 9 5. The Board of Regents shall not deny an exemption from 10 tuition charges provided pursuant to subsection 2 to a student on the 11 basis that the student is not lawfully present in the United States if 12 the student has been granted temporary protected status by the 13 United States Citizenship and Immigration Services of the United 14 States Department of Homeland Security. 15 6. The Board of Regents shall not deny an exemption from 16 tuition charges provided pursuant to: 17 (a) Paragraphs (a) and (b) of subsection 2 to a student on the 18 basis that the student is not lawfully present in the United States if 19 the student has received a grant of deferred action from the United 20 States Department of Homeland Security and: 21 (1) The provisions of 8 U.S.C. § 1623 are repealed, held to 22 be invalid or otherwise cease to have effect; or 23 (2) The Attorney General of this State issues a finding that 24 such a student would be considered lawfully present in the United 25 States for the purposes of 8 U.S.C. § 1623. 26 (b) Paragraphs (c) to [(o),] (p), inclusive, of subsection 2 to a 27 student on the basis that the student is not lawfully present in the 28 United States if the student has received a grant of deferred action 29 from the United States Department of Homeland Security. 30 Sec. 2. NRS 396.545 is hereby amended to read as follows: 31 396.545 1. To the extent of money available for this purpose, 32 the Board of Regents shall pay all registration fees, laboratory fees 33 and expenses for required textbooks and course materials assessed 34 against or incurred by a surviving spouse or dependent child of a 35 public safety officer who was killed in the line of duty or any other 36 public employee who was killed in the performance of his or her 37 duties, for classes taken towards satisfying the requirements of an 38 undergraduate degree at a school within the System. No such 39 payment may be made for any fee assessed against a child after the 40 child reaches the age of 23 years [.] or for any fee assessed against 41 a surviving spouse 10 years after the date of the death of the 42 public safety officer or public employee. 43 2. There is hereby created in the State General Fund a Trust 44 Account for the Education of Dependent Children. The Board of 45 – 6 – - *SB237_R1* Regents shall administer the Account. The Board of Regents may 1 accept gifts and grants for deposit in the Account. All money held 2 by the State Treasurer or received by the Board of Regents for that 3 purpose must be deposited in the Account. The money in the 4 Account must be invested as the money in other state accounts is 5 invested. After deducting all applicable charges, all interest and 6 income earned on the money in the Account must be credited to the 7 Account. Any money remaining in the Account at the end of a fiscal 8 year does not revert to the State General Fund, and the balance in 9 the Account must be carried forward to the next fiscal year. 10 3. For each fiscal year, the Board of Regents shall estimate: 11 (a) The amount of money in the Trust Account that is available 12 to make payments pursuant to subsection 1 for that fiscal year; and 13 (b) The anticipated amount of such payments for that fiscal year. 14  If the anticipated amount of payments estimated for the fiscal 15 year exceeds the estimated amount of money available in the 16 Account in the fiscal year for such payments, the Board of Regents 17 may request an allocation from the Contingency Account created in 18 the State General Fund pursuant to NRS 353.266 to cover the 19 projected shortfall. 20 4. As used in this section: 21 (a) “Firefighter” means a person who is a salaried employee or 22 volunte [Text truncated for display. Full text available on LegiScan.]