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) Existing law requires the Association to adopt rules and regulations in the same manner provided for state agencies by the Nevada Administrative Procedure Act. (Chapter 233B of NRS, NRS 385B.060) Existing regulations establish certain procedures for classifying and aligning the schools within the Association into leagues or regions, which, in part, require the Board of Control of the Association to determine the classification and alignment of each school by majority vote after conducting a public hearing. (NAC 385B.250) Section 4.5 of this bill: (1) clarifies that the adoption, repeal or amendment of any policy, practice, rule or regulation concerning or affecting pupils, public schools or school districts be accomplished by rule or regulation in conformity with the Nevada Administrative Procedure Act; and (2) requires any change to the classification or alignment of a school or the creation of a new conference, class, region or league be accomplished by regulation. 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. 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 a separate, one-time grant of eligibility that enables a pupil to immediately participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers, regardless of his or her zone of attendance, 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 school district within which the pupil is enrolled or the school is located 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 a school district or its designee 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 July 1, 2026.

Statutes affected:
As Introduced: 385B.090, 385B.100, 385B.130, 385B.140, 385B.170
Reprint 1: 385B.060, 385B.090, 385B.100, 385B.130, 385B.140, 385B.170
Reprint 2: 385B.060, 385B.090, 385B.100, 385B.130, 385B.140, 385B.170
As Enrolled: 385B.060, 385B.090, 385B.100, 385B.130, 385B.140, 385B.170
BDR: 385B.090, 385B.100, 385B.130, 385B.140, 385B.170