Under existing law, the Nevada Interscholastic Activities Association controls, supervises and regulates all interscholastic athletic events and other interscholastic events in public schools and governs, among other matters, the eligibility and participation of certain pupils in interscholastic activities and events. (NRS 385B.050, 385B.060, 385B.130) Section 2 of this bill prohibits the Association from taking certain adverse action against a school or person who advocates for or against a policy in certain circumstances. Sections 7 and 9 of this bill prohibit the Association and any school district or school from considering or authorizing the consideration of the zone of attendance in which a pupil resides in determining whether the pupil is eligible to participate in an interscholastic activity or event. Section 3 of this bill: (1) prohibits athletic recruitment; (2) requires the Association to investigate and, under certain circumstances, hold a hearing on a complaint alleging a violation of that prohibition; and (3) sets forth the penalties for such a violation, including providing that a pupil who enrolls in a school because of athletic recruitment is ineligible to participate and practice in a sanctioned sport at the school. Sections 7 and 8 of this bill make conforming changes to clarify that certain automatic eligibility for a sanctioned sport does not apply to a pupil who enrolled in or transferred to a school because of athletic recruitment. Under existing regulations, any pupil who transfers to another school is presumed ineligible to participate in any sanctioned sport at the school to which the pupil transfers for 180 school days and a pupil may rebut that presumption to become immediately eligible to participate in certain circumstances. (NAC 385B.716) However, existing law provides that a pupil who is the child of a military family and transferred schools pursuant to the Interstate Compact on Educational Opportunity for military children, which is an interstate compact that establishes a framework to facilitate the transfer of children in military families between schools, is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers. (NRS 385B.130, 388F.010) Section 7 additionally provides that, regardless of his or her zone of attendance, a pupil is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers if he or she: (1) transfers to a school that uses a lottery system to determine which pupils may enroll; or (2) transfers before enrolling in grade 10. Section 9 of this bill makes a conforming change to prohibit schools from adopting regulations, rules, policies, procedures or requirements that are more restrictive than those prescribed by the Association pursuant to section 7. Section 4 of this bill authorizes a pupil who transfers schools for certain reasons and seeks to be immediately eligible to participate in any sanctioned sport or interscholastic activity or event to submit a request for a waiver to the Association. Section 4 additionally: (1) prescribes certain requirements governing the supporting documentation for such a request; and (2) requires the Association to provide for procedures for reviewing such a request. Existing law authorizes a pupil or school that is aggrieved by a final decision or order made pursuant to a regulation adopted by the Association to appeal such a decision to a hearing officer appointed by the Executive Director of the Association. Existing law additionally sets forth certain procedural requirements for filing such an appeal. (NRS 385B.100) Section 6 of this bill: (1) sets forth the time period within which such a hearing must be conducted; (2) authorizes a pupil or school to appeal a decision or order made by the hearing officer to the State Board of Education; and (3) authorizes the Association to grant an appeal without appointing a hearing officer in certain circumstances. Section 5 of this bill provides that, in addition to a decision of the Association or a designee of the Association that is authorized to make final decisions on disputes on behalf of the Association, a decision of the State Board on an appeal filed pursuant to section 6 must not be stayed by a court pending final judgment on the matter. Section 10 of this bill requires the Association to amend its rules and regulations as necessary to conform with the provisions of sections 1-9 of this bill before June 30, 2026.

Statutes affected:
As Introduced: 385B.090, 385B.100, 385B.130, 385B.140, 385B.170
BDR: 385B.090, 385B.100, 385B.130, 385B.140, 385B.170