A.B. 195
- *AB195*
ASSEMBLY BILL NO. 195–ASSEMBLYMEMBER YUREK
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Education
SUMMARY—Revises provisions governing boards of trustees of
school districts. (BDR 34-237)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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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; revising provisions governing the
duties, rights and responsibilities of appointed members
of a board of trustees of a school district; enacting
provisions governing term limits for trustees; prohibiting
a board of trustees from conducting certain business
during a meeting designated as a work session or
workshop; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Under existing law, the board of trustees of a school district in which more than 1
75,000 pupils are enrolled (currently Clark County School District) is composed of 2
eleven members, of whom: (1) seven voting members are elected from election 3
districts established by the board of trustees; (2) one nonvoting member is 4
appointed by the board of county commissioners of the county in which the school 5
district is located; and (3) three nonvoting members are appointed by the governing 6
bodies of the three most populous incorporated cities in the county in which the 7
school district is located, with each governing body appointing one member. 8
Existing law prohibits a nonvoting member from voting on the election of officers 9
of the board of trustees or serving as an officer of the board of trustees. (NRS 10
386.165) Section 1 of this bill provides that the appointed members of the board of 11
trustees of a school district in which more than 75,000 pupils are enrolled have the 12
same duties, rights and responsibilities as the members of the board of trustees who 13
are elected to the office. Section 1 prohibits a board of trustees from adopting a 14
policy, bylaw or practice or otherwise restricting or curtailing the duties, rights or 15
responsibilities of a member based on whether the member was elected or 16
appointed to the office. Section 3 of this bill authorizes appointed members of a 17
board of trustees to participate in the appointment of a member to fill a vacancy 18
among the elected members of the board of trustees. Section 4 of this bill 19
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authorizes appointed members of a board of trustees to serve as officers of the 20
board of trustees. 21
The Nevada Constitution prohibits, with certain exceptions, a person from 22
being elected to any state office or local governing body if he or she has served in 23
that office, or at the expiration of his or her current term if he or she is so serving 24
will have served, 12 years or more. (Nev. Const. Art. 15, § 3) Section 2 of this bill 25
prohibits a person, elected or appointed, from serving as a trustee for any school 26
district or combination of school districts for more than 12 years. 27
Section 5 of this bill prohibits a board of trustees from conducting certain 28
business related to the members of the board of trustees and their duties at a 29
meeting that has been designated as a work session or workshop. Section 5 also 30
requires appointed members to be included in the membership of a board of trustees 31
for the purposes of calculating the existence of a quorum for the transaction of 32
business. 33
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 386.165 is hereby amended to read as follows: 1
386.165 1. In each county school district in which more than 2
75,000 pupils are enrolled, the board of trustees shall establish seven 3
election districts for school trustees. The districts must be: 4
(a) As nearly equal in population as practicable; and 5
(b) Composed of contiguous territory. 6
2. The board of trustees in each county school district in which 7
more than 75,000 pupils are enrolled is composed of 11 members, of 8
whom: 9
(a) Seven [voting] members must be elected in election districts 10
established pursuant to subsection 1 by the board of trustees. 11
(b) One [nonvoting] member must be appointed by the board of 12
county commissioners of the county in which the school district is 13
located. The member appointed pursuant to this paragraph must 14
reside in the county in which the school district is located. 15
(c) Three [nonvoting] members must be appointed by the 16
governing bodies of the three most populous incorporated cities in 17
the county in which the school district is located, with each 18
governing body appointing one member. Each member appointed 19
pursuant to this paragraph must reside in the city in which the 20
governing body is required to make the appointment. 21
3. In each county school district in which more than 25,000 22
pupils but not more than 75,000 pupils are enrolled, the board of 23
trustees shall establish seven election districts for school trustees, as 24
follows: 25
(a) Five districts which are as nearly equal in population as 26
practicable, each of which includes approximately one-fifth of the 27
population of the county; and 28
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(b) Two districts which are as nearly equal in population as 1
practicable, each of which includes approximately one-half of the 2
population of the county. 3
The districts must be composed of contiguous territory. 4
4. Each elected trustee of a school district to which this section 5
applies must reside in the election district which the trustee 6
represents and be elected by the voters of that election district. 7
5. In each school district in which more than 25,000 pupils but 8
not more than 75,000 pupils are enrolled, the board of trustees is 9
composed of seven members who must be elected in an election 10
district established pursuant to subsection 3 by the board of trustees. 11
6. The appointing authority shall make an appointment 12
pursuant to subsection 2 at least 30 days but not more than 90 days 13
before the expiration of the term of office of the incumbent member. 14
7. The term of office of a school trustee is 4 years, 15
commencing on the first Monday of January thereafter next 16
following the election or appointment of the trustee. 17
8. Each trustee shall hold office until his or her successor is 18
appointed or elected and qualified. 19
9. The [nonvoting] members of the board of trustees appointed 20
pursuant to subsection 2 [: 21
(a) Except as otherwise provided in paragraph (b),] shall have 22
the same duties, rights and responsibilities as [voting] elected 23
members of the board of trustees, including, without limitation [, 24
being] : 25
(a) Being involved in any briefings, interviews, evaluations, 26
closed-door sessions and policy and operational discussions; [and] 27
(b) [Do not have voting rights for the election of officers or the 28
authority to serve as an officer of] Voting on matters before the 29
board of trustees [.] , including, without limitation, the election of 30
officers; 31
(c) Making or seconding motions before the board of trustees; 32
(d) Serving as an officer of the board of trustees; and 33
(e) Requesting that an item be added to an agenda or 34
appealing a denial of such a request. 35
10. The board of trustees of a school district may not adopt 36
any policy, bylaw or practice or take any other action to restrict or 37
curtail the duties, rights or responsibilities of a member of the 38
board of trustees based on whether the member was elected or 39
appointed to the office of trustee. 40
Sec. 2. NRS 386.240 is hereby amended to read as follows: 41
386.240 1. A candidate for election to the office of trustee of 42
a school district shall: 43
[1.] (a) Be a qualified elector. 44
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[2.] (b) Have the qualifications of residence within the county 1
school district required for the office for which he or she seeks 2
election. 3
2. No person, elected or appointed, may serve as a trustee for 4
any school district or combination of school districts in this State 5
for more than 12 years. Accordingly, no person may be elected or 6
appointed to the office of trustee of a school district if the person: 7
(a) Has served as a trustee, or at the expiration of his or her 8
current term if he or she is so serving will have served, 12 years or 9
more, for any school district or combination of school districts in 10
this State; or 11
(b) If elected or appointed, cannot serve the entire term of 12
office without serving more than 12 years for any school district or 13
combination of school districts in this State. 14
Sec. 3. NRS 386.270 is hereby amended to read as follows: 15
386.270 Except as otherwise provided in NRS 386.275: 16
1. Any vacancy occurring among the elected members of a 17
board of trustees must be filled by appointment by the remaining 18
[elected] members of the board at a public meeting held after notice 19
of the meeting is published at least once each week for 2 weeks in a 20
newspaper qualified pursuant to the provisions of chapter 238 of 21
NRS. The appointee shall serve until the next general election, at 22
which time his or her successor must be elected for the balance of 23
the unexpired term. 24
2. Any vacancy occurring among the appointed members of a 25
board of trustees must be filled by the appointing authority. The 26
appointee serves for the balance of the unexpired term and , except 27
as otherwise provided in NRS 386.240, may be reappointed. 28
3. Any person appointed to fill a vacancy must have the 29
qualifications provided in NRS 386.165 or 386.240, as applicable. 30
Sec. 4. NRS 386.310 is hereby amended to read as follows: 31
386.310 1. The board of trustees shall meet and organize by: 32
(a) Electing one of its [elected] members as president. 33
(b) Electing one of its [elected] members as clerk, or by 34
selecting some other qualified person as clerk. 35
(c) Electing additional officers from its [elected] members as 36
may be deemed necessary. 37
(d) Fixing the term of office for each of its officers. 38
2. A record of the organization of the board of trustees must be 39
entered in the minutes, together with the amount of salary to be paid 40
to the clerk. 41
3. Immediately after the organization of the board of trustees, 42
the clerk shall file the names of the president, the clerk and the 43
members of the board of trustees with the Department and the 44
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county auditor of the county whose boundaries are conterminous 1
with the boundaries of the county school district. 2
Sec. 5. NRS 386.330 is hereby amended to read as follows: 3
386.330 1. The board of trustees shall hold a regular meeting 4
at least once each month, at such time and place as the board shall 5
determine. 6
2. Special meetings of the board of trustees shall be held at the 7
call of the president whenever there is sufficient business to come 8
before the board, or upon the written request of three members of 9
the board. 10
3. The clerk of the board of trustees shall give written notice of 11
each special meeting to each member of the board of trustees by 12
personal delivery of the notice of the special meeting to each trustee 13
at least 1 day before the meeting, or by mailing the notice to each 14
trustee’s residence of record, by deposit in the United States mails, 15
postage prepaid, at least 4 days before the meeting. The notice shall 16
specify the time, place and purpose of the meeting. If all of the 17
members of the board of trustees are present at a special meeting, 18
the lack of notice shall not invalidate the proceedings of the board of 19
trustees. 20
4. A majority of the [elected] members of the board of trustees 21
shall constitute a quorum for the transaction of business, and no 22
action of the board of trustees shall be valid unless such action shall 23
receive, at a regularly called meeting, the approval of a majority of 24
all the [elected] members of the board of trustees. 25
5. The election of officers, the appointment of members to fill 26
a vacancy pursuant to subsection 1 of NRS 386.270, the adoption 27
or amendment of any policies governing the operation of the 28
board of trustees and all other business relating to members and 29
their duties may be conducted during a regular or special meeting 30
of the board of trustees, except that such business must not be 31
conducted during a meeting that has been designated as a work 32
session or workshop. 33
6. In any county whose population is 55,000 or more, the board 34
of trustees may cause each meeting of the board to be broadcast on a 35
television station created to provide community access to cable 36
television by using the facilities of the school district, county or any 37
city located in the county. The board of trustees and the county or 38
city shall cooperate fully with each other to determine: 39
(a) The feasibility of televising the meetings of the board of 40
trustees; 41
(b) The costs to televise the meetings of the board of trustees for 42
each proposed method of televising; and 43
(c) The number of potential viewers of the meetings of the board 44
of trustees for each proposed method of televising. 45
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[6.] 7. Except in an emergency that impacts the school district, 1
the board of trustees shall not take any action or corrective action at 2
a regular meeting or special meeting on an item that has been posted 3
on its agenda pursuant to chapter 241 of NRS after 11:59 p.m. on 4
the day of the meeting. If the board of trustees has not taken action 5
or corrective action, as applicable, on any item that is on its agenda 6
before 11:59 p.m. on the day of the meeting, the board of trustees 7
must not take any further action or corrective action on any item that 8
is on the meeting agenda unless the board of trustees: 9
(a) Schedules the delayed agenda item at a future meeting by 10
placing the item on its agenda for the future meeting pursuant to 11
chapter 241 of NRS; or 12
(b) Waits until at least 24 hours after the originally scheduled 13
time of the meeting but not later than 3 business days after the 14
originally scheduled date of the meeting to take action or corrective 15
action. 16
[7.] 8. As used in this section, “emergency” has the meaning 17
ascribed to it in NRS 241.020. 18
Sec. 6. This act becomes effective on July 1, 2025. 19
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