A.B. 153
- *AB153*
ASSEMBLY BILL NO. 153–ASSEMBLYMEMBER MILLER
PREFILED JANUARY 30, 2025
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Referred to Committee on Education
SUMMARY—Revises provisions relating to education of
incarcerated persons. (BDR 34-234)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education of incarcerated persons; requiring a
school district that operates a program of education for
incarcerated persons to provide support and assistance to
certain incarcerated persons in completing the Free
Application for Federal Student Aid; requiring the board
of trustees of a school district that operates a program of
education for incarcerated persons to report certain
information to the State Treasurer; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the establishment of a statewide program of education 1
for incarcerated persons and sets forth certain requirements for the program. (NRS 2
388H.020) To carry out the statewide program of education for incarcerated 3
persons, existing law authorizes the board of trustees of a school district to operate 4
a program of education for incarcerated persons in any facility or institution 5
operated by the Department of Corrections in the county of the school district. 6
(NRS 388H.040) 7
Under existing law, the board of trustees of a school district and the governing 8
bodies of certain charter schools and private schools are required to: (1) provide 9
support and assistance to certain pupils and their parents or legal guardians in 10
completing the Free Application for Federal Student Aid; and (2) report to the State 11
Treasurer certain information relating to the provision of such support and 12
assistance. (NRS 388.224, 394.151) Section 1 of this bill imposes similar 13
requirements on a school district that operates a program of education for 14
incarcerated persons. 15
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388H.040 is hereby amended to read as 1
follows: 2
388H.040 1. The board of trustees of a school district may, 3
with the cooperation of the Department of Corrections, operate a 4
program of education for incarcerated persons in any facility or 5
institution operated by the Department of Corrections in the county 6
of the school district. 7
2. A school district that operates a program of education for 8
incarcerated persons shall: 9
(a) Comply with the standards for such programs established by 10
the Department of Education in the statewide program established 11
pursuant to NRS 388H.020; 12
(b) Ensure that a person participating in the program receives 13
the education and information described in subsections 1 and 2 of 14
NRS 388.224 if the person is enrolled in one or more courses 15
normally provided by a high school; and 16
(c) Hold at least one annual event at each facility or institution 17
in which the school district operates such a program at which a 18
person participating in the program may complete, or receive 19
assistance in completing, the Free Application for Federal Student 20
Aid provided for by 20 U.S.C. § 1090. To the extent practicable, a 21
facility or institution that holds any such event shall comply with 22
the requirements prescribed by subsection 3 of NRS 388.224. 23
3. As a condition for obtaining an allocation from the Fund for 24
Programs of Education for Incarcerated Persons, a school district 25
that operates a program of education for incarcerated persons 26
must submit to the Department of Education: 27
[(1)] (a) An application to operate such a program; and 28
[(2)] (b) A detailed budget for the program . [; and 29
(c) If the] 30
4. A school district that receives an allocation from the Fund 31
[,] must obtain the approval of the Department of Education before 32
it makes any changes in categorical expenditures. 33
5. On or before July 1 of each year, the board of trustees of a 34
school district that operates a program of education for 35
incarcerated persons shall report to the State Treasurer the 36
information prescribed in subsection 5 of NRS 388.224, to the 37
extent such information is available. 38
Sec. 2. The provisions of NRS 354.599 do not apply to any 39
additional expenses of a local government that are related to the 40
provisions of this act. 41
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Sec. 3. This act becomes effective on July 1, 2025. 1
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