A.B. 184
- *AB184*
ASSEMBLY BILL NO. 184–ASSEMBLYMEMBER ANDERSON
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Education
SUMMARY—Revises provisions relating to interscholastic
activities. (BDR 34-186)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
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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 interscholastic activities; prohibiting the
Nevada Interscholastic Activities Association from
retaliating against a school or person for certain activities;
prohibiting athletic recruitment; revising provisions
governing certain hearings and appeals conducted by the
Association; revising provisions governing the eligibility
of pupils who transfer schools to participate and practice
in a sanctioned sport or other interscholastic activity or
event; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under existing law, the Nevada Interscholastic Activities Association controls, 1
supervises and regulates all interscholastic athletic events and other interscholastic 2
events in public schools and governs, among other matters, the eligibility and 3
participation of certain pupils in interscholastic activities and events. (NRS 4
385B.050, 385B.060, 385B.130) Section 2 of this bill prohibits the Association 5
from taking certain adverse action against a school or person who advocates for or 6
against a policy in certain circumstances. Sections 7 and 9 of this bill prohibit the 7
Association and any school district or school from considering or authorizing the 8
consideration of the zone of attendance in which a pupil resides in determining 9
whether the pupil is eligible to participate in an interscholastic activity or event. 10
Section 3 of this bill: (1) prohibits athletic recruitment; (2) requires the 11
Association to investigate and, under certain circumstances, hold a hearing on a 12
complaint alleging a violation of that prohibition; and (3) sets forth the penalties for 13
such a violation, including providing that a pupil who enrolls in a school because of 14
athletic recruitment is ineligible to participate and practice in a sanctioned sport at 15
the school. Sections 7 and 8 of this bill make conforming changes to clarify that 16
certain automatic eligibility for a sanctioned sport does not apply to a pupil who 17
enrolled in or transferred to a school because of athletic recruitment. 18
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Under existing regulations, any pupil who transfers to another school is 19
presumed ineligible to participate in any sanctioned sport at the school to which the 20
pupil transfers for 180 school days and a pupil may rebut that presumption to 21
become immediately eligible to participate in certain circumstances. (NAC 22
385B.716) However, existing law provides that a pupil who is the child of a 23
military family and transferred schools pursuant to the Interstate Compact on 24
Educational Opportunity for military children, which is an interstate compact that 25
establishes a framework to facilitate the transfer of children in military families 26
between schools, is immediately eligible to participate and practice in any 27
sanctioned sport or other interscholastic activity or event at the school to which the 28
pupil transfers. (NRS 385B.130, 388F.010) Section 7 additionally provides that, 29
regardless of his or her zone of attendance, a pupil is immediately eligible to 30
participate and practice in any sanctioned sport or other interscholastic activity or 31
event at the school to which the pupil transfers if he or she: (1) transfers to a school 32
that uses a lottery system to determine which pupils may enroll; or (2) transfers 33
before enrolling in grade 10. Section 9 of this bill makes a conforming change to 34
prohibit schools from adopting regulations, rules, policies, procedures or 35
requirements that are more restrictive than those prescribed by the Association 36
pursuant to section 7. 37
Section 4 of this bill authorizes a pupil who transfers schools for certain 38
reasons and seeks to be immediately eligible to participate in any sanctioned sport 39
or interscholastic activity or event to submit a request for a waiver to the 40
Association. Section 4 additionally: (1) prescribes certain requirements governing 41
the supporting documentation for such a request; and (2) requires the Association to 42
provide for procedures for reviewing such a request. 43
Existing law authorizes a pupil or school that is aggrieved by a final decision or 44
order made pursuant to a regulation adopted by the Association to appeal such a 45
decision to a hearing officer appointed by the Executive Director of the 46
Association. Existing law additionally sets forth certain procedural requirements for 47
filing such an appeal. (NRS 385B.100) Section 6 of this bill: (1) sets forth the time 48
period within which such a hearing must be conducted; (2) authorizes a pupil or 49
school to appeal a decision or order made by the hearing officer to the State Board 50
of Education; and (3) authorizes the Association to grant an appeal without 51
appointing a hearing officer in certain circumstances. Section 5 of this bill provides 52
that, in addition to a decision of the Association or a designee of the Association 53
that is authorized to make final decisions on disputes on behalf of the Association, a 54
decision of the State Board on an appeal filed pursuant to section 6 must not be 55
stayed by a court pending final judgment on the matter. 56
Section 10 of this bill requires the Association to amend its rules and 57
regulations as necessary to conform with the provisions of sections 1-9 of this bill 58
before June 30, 2026. 59
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385B of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. The Nevada Interscholastic Activities Association 3
shall not penalize, retaliate against or otherwise take any adverse 4
action against a school or person for advocating for or against any 5
policy including, without limitation, by communicating with a 6
member of the Legislative Branch, as defined in NRS 218H.090, 7
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testifying before a legislative committee or communicating data, 1
views or arguments on a policy to a public body, as defined in 2
NRS 241.015. 3
Sec. 3. 1. A school or any person or organization 4
associated with a school, including, without limitation, 5
administration, staff, coaches, pupils, parents or clubs for 6
supporters, shall not engage in athletic recruitment. Any violation 7
of this subsection by a person or organization associated with a 8
school shall be deemed to be a violation by the school. 9
2. A pupil shall not transfer to or otherwise enroll in a school 10
as the result of athletic recruitment. A pupil who violates this 11
section is ineligible to participate in and practice in a sanctioned 12
sport at that school. 13
3. Any person who believes that a violation of this section has 14
occurred may file a complaint with the Nevada Interscholastic 15
Activities Association. The Nevada Interscholastic Activities 16
Association shall investigate such a complaint. If the Nevada 17
Interscholastic Activities Association determines, after an 18
investigation, that the complaint is not meritless, the Nevada 19
Interscholastic Activities Association shall hold a hearing on the 20
complaint in accordance with procedures established by 21
regulation of the Nevada Interscholastic Activities Association. 22
4. For the purposes of subsection 3 and any hearing held 23
pursuant thereto, any evidence that a pupil has moved to a 24
residence owned, leased or provided by or otherwise associated 25
with a person or organization associated with a school is prima 26
facie evidence that the school has engaged in athletic recruitment. 27
5. If, after conducting a hearing pursuant to subsection 3, the 28
Nevada Interscholastic Activities Association determines that a 29
school has engaged in athletic recruitment, the Nevada 30
Interscholastic Activities Association shall impose the following 31
penalties: 32
(a) For the first violation, the school must be placed on 33
probation and any coach or member of his or her staff who was 34
involved in the athletic recruitment must be suspended for not less 35
than 10 games; 36
(b) For the second violation, any coach or member of his or 37
her staff who was involved in the athletic recruitment must be 38
suspended for not less than 1 school year; and 39
(c) For the third violation, any coach or member of his or her 40
staff who was involved in the athletic recruitment must be 41
dismissed from his or her position on the athletic staff and 42
suspended from coaching at any school for not less than 2 43
calendar years. 44
6. As used in this section: 45
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(a) “Athletic recruitment” means any effort to persuade, 1
pressure, urge or entice a pupil to enroll in or transfer to a school 2
for athletic purposes, including, without limitation: 3
(1) Communicating through social media, mail, brochures 4
or other media directed towards the pupil that compares schools or 5
athletic programs or teams or describes the athletic assets of the 6
school with which the sender is affiliated; and 7
(2) Initiating or engaging in persuasive interviews or 8
communications with the pupil. 9
(b) “Social media” means any electronic service or account or 10
electronic content including, without limitation, videos, 11
photographs, blogs, video blogs, podcasts, instant and text 12
messages, live chat, mobile applications, online services or 13
Internet website profiles. 14
Sec. 4. 1. A pupil who transfers from a school to another 15
school is immediately eligible to participate and practice in any 16
sanctioned sport or other interscholastic activity or event at the 17
school to which the pupil transfers if the pupil, or a parent or legal 18
guardian of the pupil, submits to the Nevada Interscholastic 19
Activities Association a request for a waiver of any period of 20
ineligibility based on transferring schools, the Nevada 21
Interscholastic Activities Association approves the request 22
pursuant to this section and the pupil is otherwise eligible to 23
participate and practice in the sanctioned sport or other 24
interscholastic activity or event. 25
2. The Nevada Interscholastic Activities Association shall 26
approve a request submitted pursuant to subsection 1 if the pupil, 27
or the parent or legal guardian of the pupil, establishes by a 28
preponderance of the evidence that the pupil transferred to the 29
school because: 30
(a) Of the order or decree of a court of competent jurisdiction 31
that directly or indirectly results in the pupil transferring schools, 32
including, without limitation, any order issued pursuant to chapter 33
432B of NRS. 34
(b) The pupil was a victim of assault or bullying at the school 35
in which he or she was previously enrolled and the assault or 36
bullying was likely to continue if the pupil had remained enrolled 37
at the school, as established by evidence submitted pursuant to 38
subsection 3. 39
(c) The pupil was enrolled in an academic program or a 40
Junior Reserve Officers’ Training Corp Program that was 41
discontinued by the school in which he or she was previously 42
enrolled. 43
(d) The pupil was a member of a team that participates in a 44
sanctioned sport that was diminished or eliminated due to 45
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budgetary or administrative decisions for the school from which 1
the pupil is transferring. 2
(e) The pupil is in the custody of an agency which provides 3
child welfare services, as defined in NRS 432B.030, and changes 4
residences as a result of a change related to his or her placement. 5
(f) The pupil is a homeless pupil, as determined by a school 6
pursuant to NRS 388.208, and has changed residences. 7
(g) The parent or legal guardian was discharged or released 8
from the uniformed service under conditions other than 9
dishonorable and the pupil is returning to the school in which the 10
pupil was previously enrolled or is transferring to a school in a 11
school district in which the pupil’s parent or legal guardian 12
resides. 13
(h) The pupil was required by the board of trustees of a school 14
district to transfer, and the decision of the board of trustees was 15
not disciplinary. 16
(i) The transfer is in the best interest of the pupil because of a 17
mental health or emotional condition, as documented by a letter 18
from: 19
(1) The school counselor at the school in which the pupil is 20
enrolled; and 21
(2) A physician licensed pursuant to chapter 630 or 633 of 22
NRS or a licensed psychologist. 23
(j) The immediate family of the pupil is experiencing financial 24
hardship, as verified by documentation of the financial status of 25
the parent or legal guardian of the pupil. 26
(k) Any other circumstance that: 27
(1) Is beyond the normal control of a pupil or a parent or 28
legal guardian of the pupil; and 29
(2) Is not related to participation by the pupil in a 30
sanctioned sport or other interscholastic activity or event or the 31
result of athletic recruitment, as defined in section 3 of this act. 32
3. A request made pursuant to paragraph (b) of subsection 2 33
must be accompanied by evidence of the assault or bullying of 34
which the pupil who is the subject of the request was a victim. 35
Such evidence may include, without limitation: 36
(a) Documentation produced by the school where the pupil 37
was previously enrolled, the school district in which that school 38
was located or law enforcement; and 39
(b) The testimony of witnesses or law enforcement. 40
4. The rules and regulations of the Nevada Interscholastic 41
Activities Association adopted pursuant to NRS 385B.060 must 42
provide for adequate review procedures to review and determine 43
whether to approve requests submitted pursuant to subsection 1. 44
The review procedures must include, without limitation: 45
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(a) The review of a request submitted pursuant to subsection 1 1
by the Executive Director, or such staff of the Nevada 2
Interscholastic Activities Association as the Executive Director 3
may designate and the approval of such a request, without a 4
hearing before a hearing officer pursuant to NRS 385B.100, if the 5
request and documentation submitted with the request establish by 6
a preponderance of the evidence that the pupil is eligible for the 7
waiver pursuant to subsection 2. 8
(b) Upon the filing of a written appeal with the Executive 9
Director pursuant to NRS 385B.100, the review by a hearing 10
officer appointed pursuant to NRS 385B.100 of a decision denying 11
a request submitted pursuant to subsection 1 and the conduct of a 12
hearing before that hearing officer not later than 60 days after the 13
date on which the Nevada Interscholastic Activities Association 14
received the request pursuant to subsection 1. 15
5. As used in this section, “homeless pupil” means a 16
homeless child or youth, as defined in 42 U.S.C. § 11434a(2). 17
Sec. 5. NRS 385B.090 is hereby amended to read as follows: 18
385B.090 1. The rules and regulations of the Nevada 19
Interscholastic Activities Association adopted pursuant to NRS 20
385B.060 must provide for adequate review procedures to determine 21
and review disputes arising in regard to the Association’s decisions 22
and activities. 23
2. A decision of the Nevada Interscholastic Activities 24
Association , [or] a decision of a person designated by the 25
Association to review and make final decisions on disputes on 26
behalf of the Association pursuant to the rules and regulations 27
adopted pursuant to NRS 385B.060 or a decision of the State Board 28
on a matter which is appealed to the State Board pursuant to NRS 29
385B.100 must not be stayed by a court pending the court’s final 30
judgment on the matter. 31
Sec. 6. NRS 385B.100 is hereby amended to read as follows: 32
385B.100 1. Any pupil or school that is aggrieved by a final 33
decision or order made pursuant to a regulation adopted by the 34
Nevada Interscholastic Activities Association by: 35
(a) An administrator of a school district who is responsible for 36
interpreting and enforcing the regulations adopted by the Nevada 37
Interscholastic Activities Association; 38
(b) A panel of principals chosen from schools located in a 39
school district; or 40
(c) The Executive Director, 41
may file a written appeal with the Executive Director. [The] 42
Except as otherwise provided in subsection 5, the Executive 43
Director shall appoint a hearing officer to review the decision or 44
order that is the subject of the appeal. Except as otherwise provided 45
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in section 4 of this act, the hearing officer shall conduct a hearing 1
not later than 30 days after the appeal has been filed with the 2
Executive Director. 3
2. A hearing officer appointed pursuant to subsection 1 shall 4
issue a decision or order in writing and shall cause a copy of the 5
decision or order to be served on each party to the appeal or counsel 6
for the party. The decision or order must include a summary of the 7
appeal that includes: 8
(a) A statement of the relevant facts; 9
(b) A statement of the issues presented and the opposing 10
arguments of the parties; 11
(c) An analysis of the arguments; and 12
(d) The conclusion of the hearing officer. 13
3. Not later than 10 days after the issuance of the decision or 14
order of the hearing officer, the Executive Director shall cause a 15
copy of the summary required by subsection 2 to be posted on the 16
Internet website of the Nevada Interscholastic Activities 17
Association. The summary must be redacted as necessary to prevent 18
the identification of any person involved in the appeal who is less 19
than 18 years of age, which information is confidential. The 20
redacted summary is a public record and must be open to public 21
inspection as provided in NRS 239.010. 22
4. Any pupil or school that is aggrieved by a decision or order 23
issued pursuant to subsection 2 by a hearing officer may appeal to 24
the State Board within 30 days after the decision or order is 25
issued. The State Board may affirm, modify or reverse the decision 26
or order of the hearing officer. 27
5. As used in this section, “Executive Director” means the 28
Executive Director of the Nevada Interscholastic Activities 29
Association. 30
Sec. 7. NRS 385B.130 is hereby amended to read as follows: 31
385B.130 1. Any rules and regulations adopted by the 32
Nevada Interscholastic Activities Association governing the 33
eligibility of a pupil who transfers from one school to another school 34
to participate in an interscholastic activity or event must apply 35
equally to public schools and to private schools that are members of 36
the Association. 37
2. The Nevada Interscholastic Activities Association shall not 38
consider or authorize the consideration of the zone of attendance 39
in which a pupil resides in determining whether the pupil is 40
eligible to participate in an interscholastic activity or event at the 41
school to which the pupil is transferring. 42
3. Notwithstanding any provision of law to the contrary [,] and 43
except as otherwise provided in subsection 4, a pupil [who is a 44
child of a military family and transferred schools pursuant to the 45
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provisions of chapter 388F of NRS] is immediately eligible to 1
participate and practice in any sanctioned sport or other 2
interscholastic activity or event at the school to which the pupil 3
transfers [.] , regardless of the zone of attendance in which the 4
pupils resides, if the pupil: 5
(a) Is a child of a military family and transferred schools 6
pursuant to the provisions of chapter 388F of NRS; 7
(b) Transfers to a school that uses a lottery system to 8
determine which pupils may enroll; or 9
(c) Transfers to a school before his or her enrollment in grade 10
10. 11
4. The provisions of subsection 3 do not apply to a pupil who 12
transfers to a school as the result of athletic recruitment in 13
violation of section 3 of this act. 14
Sec. 8. NRS 385B.140 is hereby amended to read as follows: 15
385B.140 [A] Except as otherwise provided in section 3 of 16
this act, a pupil who enrolls in grade 9 at: 17
1. A public school and who resides within the zone of 18
attendance of the public school at the time of enrollment is 19
immediately eligible to participate and practice in a sanctioned sport 20
at the public school, regardless of whether the pupil: 21
(a) Resided in a different zone of attendance before the pupil’s 22
enrollment in grade 9; or 23
(b) Attended a school other than a public school before the 24
pupil’s enrollment in grade 9. 25
2. A private school is immediately eligible to participate and 26
practice in a sanctioned sport at the private school, regardless of 27
whether the pupil attended a school other than a private school 28
before the pupil’s enrollment in grade 9. 29
Sec. 9. NRS 385B.170 is hereby amended to read as follows: 30
385B.170 1. A school district, public school or private school 31
shall not prescribe any regulations, rules, policies, procedures or 32
requirements governing the: 33
[1.] (a) Eligibility of homeschooled children , children who 34
transfer to a school that uses a lottery system to determine which 35
pupils may enroll, children who transferred schools before 36
enrolling in grade 10 or children of a military family who 37
transferred schools pursuant to the provisions of chapter 388F of 38
NRS to participate in interscholastic activities and events pursuant 39
to this chapter; or 40
[2.] (b) Participation of homeschooled children , children who 41
transfer to a school that uses a lottery system to determine which 42
pupils may enroll, children who transferred schools before 43
enrolling in grade 10 or children of a military family who 44
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transferred schools pursuant to the provisions of chapter 388F of 1
NRS in interscholastic activities and events pursuant to this chapter, 2
that are more restrictive than the provisions governing eligibility 3
and participation prescribed by the Nevada Interscholastic Activities 4
Association pursuant to NRS 385B.060 and 385B.130. 5
2. A school district, public school or private school shall not 6
consider the zone of attendance in which a pupil resides in 7
determining whether the pupil who transfers from one school to 8
another school is eligible to participate in interscholastic activities 9
or events pursuant to this chapter. 10
Sec. 10. The Nevada Interscholastic Activities Association 11
shall, on or before June 30, 2026, amend its rules and regulations as 12
necessary to conform with the provisions of sections 1 to 9, 13
inclusive, of this act. 14
Sec. 11. 1. This section becomes effective upon passage and 15
approval. 16
2. Sections 1 to 10, inclusive, of this act become effective: 17
(a) Upon passage and approval for the purpose of adopting any 18
regulations and performing any other preparatory administrative 19
tasks that are necessary to carry out the provisions of this act; and 20
(b) On July 1, 2026, for all other purposes. 21
H