Nevada

N.R.S. 386.120

NEVADA REVISED STATUTES

TITLE 34. EDUCATION

CHAPTER 386. LOCAL ADMINISTRATIVE ORGANIZATION

BOARDS OF TRUSTEES

§ 386.120 County school district: Number of trustees.

1. The board of trustees of a county school district consists of five or seven members as follows:

(a) If 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members. Except in school districts in which more than 25,000 pupils are enrolled, the members of the board must be elected at large until such time as an alternate manner of election is adopted pursuant to > NRS 386.200 or > NRS 386.205, > 386.215 and > 386.225.

(b) If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of five members. The members of the board must be elected as provided in > NRS 386.160 until such time as an alternate manner of election is adopted pursuant to > NRS 386.200 or > NRS 386.205, > 386.215 and > 386.225.

(c) If 1,000 or more, but fewer than 1,500 pupils were enrolled during the school year next preceding any general election, the board of trustees consists of seven members unless the board, on or before December 1 in any year before a general election will be held, adopts a resolution specifying that the board will consist of five members. If the board consists of seven members, the election of members is governed by paragraph (a). If the board consists of five members, the election of members is governed by paragraph (b).

2. Before the adoption of a resolution pursuant to paragraph (c) of subsection 1, the board of trustees shall post conspicuously, in three different places in the school district, a notice containing in full the text of the resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days before the date fixed in the resolution for action thereon.

3. If a board of trustees adopts a resolution pursuant to paragraph (c) of subsection 1, it must transmit a copy of the resolution to the superintendent of public instruction on or before December 15 of the year before the general election will be held.

N.R.S. 386.160

§ 386.160 Election of trustees in county school district whose enrollment of pupils is less than 1,000; terms.

1. At the general election in 1980 and every 4 years thereafter, in a county school district where fewer than 1,000 pupils were enrolled during the preceding school year, three trustees shall be elected at large within the district, as follows:

(a) One person who resides at the county seat; but if less than 40 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

(b) One person who resides in the county but not at the county seat.

(c) One person who resides in the county but not at the county seat; but if 80 percent or more of the residents of the county reside at the county seat then a person who resides at the county seat may be elected to the office.

2. At the general election in 1982 and every 4 years thereafter, in a county school district where fewer than 1,000 pupils were enrolled during the preceding school year, two trustees shall be elected at large within the district, as follows:

(a) One person who resides at the county seat; but if less than 20 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

(b) One person who resides in the county but who resides neither at the county seat nor in any incorporated city within the county.

3. The term of each person elected to the office of school trustee is 4 years.

N.R.S. 386.165

§ 386.165 Election of trustees in county school district whose enrollment of pupils is over 25,000; terms.

1. In each county school district in which more than 75,000 pupils are enrolled, the board of trustees shall establish seven election districts for school trustees. The districts must be:

(a) As nearly equal in population as practicable; and

(b) Composed of contiguous territory.

2. In each county school district in which more than 25,000 pupils but not more than 75,000 pupils are enrolled, the board of trustees shall establish

seven election districts for school trustees, as follows:

(a) Five districts which are as nearly equal in population as practicable, each of which includes approximately one-fifth of the population of the county; and

(b) Two districts which are as nearly equal in population as practicable, each of which includes approximately one-half of the population of the county.

The districts must be composed of contiguous territory.

3. Each trustee of a school district to which this section applies must reside in the election district which he represents and be elected by the voters of that election district.

4. In each school district in which more than 25,000 pupils are enrolled, the term of a school trustee is 4 years. Three trustees must be elected at the general election of 1982 and four trustees must be elected at the general election of 1984.

N.R.S. 386.180

§ 386.180 Election of trustees in county school district other than Clark or Washoe whose enrollment of pupils drops below 1,000 or in which resolution is adopted pursuant to NRS 386.120.

1. If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district other than Clark or Washoe was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with > NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the district is composed of seven members elected at large based upon a previous pupil enrollment of 1,000 or more, then two of the offices of trustee may not be filled at the next succeeding general election.

2. Thereafter, while continued pupil enrollment in the county school district is less than 1,000, or is 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with > NRS 386.120 specifying that the board will consist of five members, the offices of school trustees must be filled as provided by law for school districts having pupil enrollments of less than 1,000.

N.R.S. 386.190

§ 386.190 Election of two additional trustees in county school district whose enrollment of pupils increases to 1,000 or more after general election; exception.

1. If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the district is composed of five members elected as provided in > NRS 386.160, then at the next succeeding general election one additional trustee who resides at the county seat must be elected for a term of 4 years, and one additional trustee who resides in the county but not at the county seat must be elected for a term of 2 years.

2. Thereafter, while continued pupil enrollment in the county school district is 1,000 or more, the offices of school trustees must be filled as provided by law for school districts having pupil enrollments of that size.

3. The provisions of subsections 1 and 2 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.

N.R.S. 386.200

§ 386.200 Alternate manner of creating areas for election of trustees within county school district whose enrollment of pupils is 25,000 or less: Procedure; election of trustees; terms; change of boundaries of areas.

1. In addition to the manner of election provided in > NRS 386.205, > 386.215 and > 386.225, the trustees of a county school district may be elected from school trustee election areas in the alternate manner provided in this section.

2. Within 30 days before May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district in which 25,000 or fewer pupils are enrolled may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition must specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each area, and the manner of their nomination and election. The number of school trustee election areas proposed must not exceed the number of trustees authorized by law for the particular county school district. The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but must be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall swear or affirm, before a person competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

3. Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of the notice is a proper charge against the county school district fund.

4. If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted before June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area must be contiguous. The resolution must further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.

5. Before June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.

6. Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas must be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas must be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees must be filled for terms of 4 years in the order in which the terms of office expire.

7. A candidate for the office of trustee of a county school district in which school trustee election areas have been created must be a qualified elector and a resident of the school trustee election area which he seeks to represent.

8. The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:

(a) Holding a public hearing of which notice must be given as provided in subsection 3; and

(b) Receiving, at the hearing or by resolution, the consent of the board of trustees of the school district.

9. If the superintendent of public instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was less than 1,000, or was 1,000 or more but less than 1,500 in a district in which the board of trustees has adopted a resolution in accordance with > NRS 386.120 specifying that the board will consist of five members, and the board of trustees of the county school district is composed of seven elected members based upon a previous enrollment of 1,000 or more, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees may thereafter be nominated and elected at the forthcoming elections.

10. If the superintendent of public instruction certifies to the county clerk that the enrollment of pupils during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members, the board of county commissioners shall alter the school trustee election areas or change the number of trustees to be elected from the areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees must thereafter be nominated and elected at the forthcoming elections.

11. The provisions of subsection 10 do not apply in a school district in which the pupil enrollment during the preceding school year was 1,000 or more but less than 1,500, and in which the board of trustees of the school district has adopted a resolution specifying that the board will consist of five members.

N.R.S. 386.205

§ 386.205 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Creation; continuity in number and terms of members of board of trustees.

1. In any county school district in which not more than 25,000 pupils are enrolled, the board of trustees may adopt a resolution dividing the geographical area of the school district into a number of election districts identical to the number of trustees.

2. The election districts must:

(a) Be single-member districts.

(b) Be formed with reference to assembly districts as far as is practicable.

3. This section does not authorize any change in the number of members of the board of trustees.

4. If a board of trustees adopts a resolution pursuant to this section, the members of the board continue to hold office until the next following general election.

5. As used in this section, unless the context otherwise requires, "assembly district" means any district created pursuant to the provisions of chapter 218 of NRS for the election of assemblymen.

N.R.S. 386.215

§ 386.215 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Documents to be filed with county clerk.

Copies of maps or other documents evidencing the division of the county school district into election districts pursuant to > NRS 386.205 must be filed with the appropriate county clerk.

N.R.S. 386.225

§ 386.225 Optional districts for election of trustees within county school district whose enrollment of pupils is not more than 25,000: Manner of election.

1. Election districts created pursuant to > NRS 386.205 may be constructed so that the:

(a) Voters in each election district elect a trustee to represent them; or

(b) Trustees are elected by all of the voters in the county school district.

In either case, each trustee must be a resident of the election district which he represents throughout his term of office.

2. The board of trustees shall adopt a resolution, after a public hearing on the matter, determining whether each trustee will be elected solely by the voters in his election district or all of the voters in the county school district.

N.R.S. 386.250

§ 386.250 Nomination of trustee; filing of declaration of candidacy and acceptance of candidacy.

1. Candidates for the office of trustee shall be nominated in the manner provided by the primary election laws of this state.

2. The declaration of candidacy and the acceptance of a candidacy by candidates for the office of trustee of county school districts shall be filed with the county clerk of the county whose boundaries are conterminous with the county school district boundaries.

N.R.S. 386.240

§ 386.240 Qualifications of trustees.

A candidate for the office of trustee of a school district shall:

1. Be a qualified elector.

2. Have the qualifications of residence within the county school district required for the office for which he seeks election.

N.R.S. 386.270

§ 386.270 Vacancies.

1. Any vacancy occurring in a board of trustees shall be filled by appointment by the remaining members of such board at a public meeting held after notice of such meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve until the next general election, at which time his successor shall be elected for the balance of the unexpired term.

2. Any person appointed to fill a vacancy shall have the qualifications provided in > NRS 386.240.

N.R.S. 386.290

§ 386.290 Subsistence and travel for trustee.

1. In addition to salaries allowed under NRS 386.320 a trustee shall be allowed:

(a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.

(b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.

2. Claims for mileage and per diem allowances shall be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses shall be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.

N.R.S. 386.300

§ 386.300 Trustees: Terms; oaths.

Each trustee shall:

1. Enter upon the duties of his office on the 1st Monday in January next following his election.

2. Hold office until his successor is elected and qualified.

3. Take and subscribe to the official oath.

4. File with the superintendent of public instruction a copy of his official oath together with a statement showing the term for which he has been elected or appointed.

N.R.S. 386.305

§ 386.305 Trustees: Interest in certain contracts prohibited.

A member of any board of trustees shall not be financially interested in any contract made by the board of trustees of which he is a member.

N.R.S. 386.320

§ 386.320 Salaries of president, clerk and other trustees; employment and compensation of stenographer.

1. If the total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:

(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $170 a month.

(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $160 a month.

(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.

2. If the total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:

(a) The clerk and president of the board of trustees may each receive a salary of $85 for each board of trustees meeting they attend, not to exceed $340 a month.

(b) The other trustees may each receive a salary of $80 for each board of trustees meeting they attend, not to exceed $320 a month.

(c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and the stenographer may be paid a reasonable fee for each meeting attended.

N.R.S. 386.345

§ 386.345 Membership in county, state and national school board associations; payment of dues, travel and subsistence for attendance at meeting of association.

1. The board of trustees of a school district may:

(a) Acquire and maintain membership in county, state and national school board associations and pay dues to such associations.

(b) Pay the travel expenses and per diem allowances of trustees at the same rate authorized by law for state officers when the trustees attend county, state or national school board association meetings.

2. Claims for dues, travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.