A handful of new laws enacted during the 2023 legislative session go into effect on Monday, including measures related to Medicaid coverage of mental health care and the interrogation of children during custody hearings.
After Monday, aspects of only six remaining laws enacted by the 2023 Legislature will not have gone into effect. Portions of more than 400 laws passed by lawmakers last year went into effect last July, October and January.
Most of these laws passed unanimously, except for ones noted below.
Read below for more details on the new laws.
EDUCATION
AB65: School ages
Beginning this school year, children must be enrolled in school — whether public, private or home school — by the time they are 6 years old. Nevada law previously mandated school enrollment for children aged 7 and older.
During a Senate Education Committee hearing on the bill last year, State Superintendent of Public Instruction Jhone Ebert said Clark and Washoe counties had about 110 7-year-olds enrolling in school for the first time.
The change comes as part of a broader bill raising age requirements for kindergarten enrollment that went into effect last year. State law now requires students to be 5 years old by Aug. 1 to enroll in kindergarten after previously requiring students to be at least age 5 by the first day of a school year.
Most Republican lawmakers opposed the bill, citing conversations with parents. Sen. Robin Titus (R-Wellington) said parents should decide when their kids are ready for school.
AB264: Attendance rules for religious holidays
AB264 makes a host of changes related to school absences for religious holidays.
Most notably, it allows students with an approved absence for a religious holiday to still be eligible for awards requiring perfect attendance.
The law also prohibits absences related to religious holidays from being included on a student’s report card and says students who are absent for religious holidays are not truant. Approved religious holiday absences also will be counted toward attendance requirements to advance to the next grade level as long as the student has met coursework requirements.
SB80: Head injury treatment
A bill shepherded by the Nevada Youth Legislature, SB80, requires expanded guidelines for students who have suffered major head injuries.
Under the new law, the state superintendent of public instruction must create a policy allowing reasonable accommodations — including rest, a modified curriculum and monitoring by a school nurse — for students who have suffered a head injury.
A previous version of the bill would have required schools to create a “concussion management team” consisting of a school nurse or athletic trainer and support staff, such as a school psychologist or social worker, but that provision was amended out of the bill.
The legislation also requires the Nevada Interscholastic Athletic Association, as well as school districts, to adopt regulations and compile information on head injury prevention and treatment. These policies must be reviewed and signed by parents or guardians before their child participates in an interscholastic activity.
Six GOP Senators opposed the bill.
AB241: College preparation for students
AB241 requires all Nevada public school students to be enrolled in courses and credits that qualify for a college or career-ready high school diploma, with some exceptions.
Students and school officials can agree to a modified course of study after ninth grade, and students with disabilities are exempt from the requirement so they can follow an individualized education program.
AB428: Plan for teacher recruitment
Provisions of AB428 going into effect Monday make various changes to the state’s education standards commission and require a new statewide teacher recruitment plan.
The law requires the state superintendent for public education to develop a strategic plan for recruiting teachers and other licensed educators. The plan must address lowering the processing times for education licenses and translating non-English transcripts submitted by license applicants.
It also changes the composition of the state’s Commission on Professional Standards in Education. It removes a position for someone who had experience running a business and adds three new members: two school district human resources professionals and either the education dean at Nevada State University or a member of the teacher education program at Great Basin College.
The law also requires the commission to establish standards for professional development training and requires school districts to provide training on topics such as parental involvement in education and multicultural education.
The most notable part of the law, which went into effect last year, required the Clark County School District to launch a Teacher Academy College Pathway Program to expand the state’s teacher pipeline.
HEALTH CARE
AB7: Electronic health records
AB7 was one of three bills pushed by the state’s Patient Protection Commission last session, a board created under former Gov. Steve Sisolak.
The law requires health care providers to use electronic health records that are more easily accessible to patients and more easily shareable among providers. It also allocated $3 million in grant funding for smaller providers to implement the program.
A portion of the law that went into effect last year also expanded liability protections for using technology to share and access a patient’s medical record.
The law passed along party lines, with all Republicans voting against it. Health care representatives testified last year that they largely supported having easier access to records.
AB138: Behavioral health care coverage
Under AB138, the state plan for Medicaid must pay the non federal share of expenses for certain behavioral health treatments, including mental health services and substance use disorders.
The bill is part of a host of Medicaid-related legislation, including expanding coverage for postpartum care and people with autism.
OTHER
AB193: Custodial interrogations of children
This law prohibits peace officers from lying about evidence to a child subject to a custodial investigation. It also forbids officers from outlining or implying any advantages that the child could secure during a custodial investigation.
The bill largely passed along party lines, with all Republican legislators opposing it except for Sen. Ira Hansen (R-Sparks) and Sen. Lisa Krasner (R-Reno). Sen. Scott Hammond (R-Las Vegas) was excused from the vote. Assemblyman Ken Gray (R-Dayton) said in a committee hearing he was worried about the rule being a “slippery slope” and “that deception does play a role in interrogations.”
AB516: New Native American department
AB516 creates the Department of Native American Affairs.
Along with funding for an executive director, the department will house the Nevada Indian Commission and the Stewart Indian School Cultural Center and Museum, both of which were previously under the Department of Tourism and Cultural Affairs. The state allocated more than $500,000 for three new staff members and operating and equipment costs.
