Nevada § 392.148 - Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian

§ 392.148. Administrative sanctions against habitual truant after investigation and hearing; suspension or delay in issuance of driver’s license; appeal by parent or guardian

1. Upon receipt of a report pursuant to NRS 392.144 or 392.147 , a school police officer or a person designated pursuant to subsection 6 shall conduct

an investigation, set a date for a hearing and provide a written or electronic notice

of the hearing to the parent or legal guardian of the pupil. If it appears after investigation and a hearing that a pupil is a habitual truant,

a school police officer or a person designated pursuant to subsection 6 may issue

an order imposing the following administrative sanctions against a pupil: (a) If it is the first time that administrative sanctions have been issued pursuant

to this section because the pupil is a habitual truant, and the pupil is 14 years

of age or older, order the suspension of the driver's license of the pupil for at

least 30 days but not more than 6 months. If the pupil does not possess a driver's license, the order must provide that the

pupil is prohibited from applying for a driver's license for 30 days: (1) Immediately following the date of the order if the pupil is eligible to apply

for a driver's license; or (2) After the date the pupil becomes eligible to apply for a driver's license if the

pupil is not eligible to apply for a driver's license. (b) If it is the second time or any subsequent time that administrative sanctions

have been issued pursuant to this section because the pupil is a habitual truant,

and the pupil is 14 years of age or older, order the suspension of the driver's license

of the pupil for at least 60 days but not more than 1 year. If the pupil does not possess a driver's license, the order must provide that the

pupil is prohibited from applying for a driver's license for 60 days immediately following: (1) The date of the order if the pupil is eligible to apply for a driver's license;

or (2) The date the pupil becomes eligible to apply for a driver's license if the pupil

is not eligible to apply for a driver's license. 2. If a pupil applies for a driver's license, the Department of Motor Vehicles shall: (a) Notify the pupil of the provisions of this section that authorize the suspension

of the driver's license of the pupil; and (b) Require the pupil to sign an affidavit acknowledging that the pupil is aware that

his or her driver's license may be suspended pursuant to this section. 3. If an order is issued pursuant to this section delaying the ability of the pupil

to receive a driver's license, a copy of the order must be forwarded to the Department

of Motor Vehicles not later than 5 days after the order is issued. 4. If an order is issued pursuant to this section suspending the driver's license

of a pupil: (a) The pupil shall surrender his or her driver's license to the school police officer

or the person designated pursuant to subsection 6. (b) Not later than 5 days after issuing the order, the school police officer or the

designated person shall forward to the Department of Motor Vehicles a copy of the

order and the driver's license of the pupil. (c) The Department of Motor Vehicles: (1) Shall report the suspension of the driver's license of the pupil to an insurance

company or its agent inquiring about the pupil's driving record, but such a suspension

must not be considered for the purpose of rating or underwriting. (2) Shall not treat the suspension in the manner statutorily required for moving traffic

violations. (3) Shall not require the pupil to submit to the tests and other requirements which

are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver's

license. 5. The parent or legal guardian of a pupil may request a hearing before a person designated

by the board of trustees of the school district in which the pupil is enrolled to

appeal the imposition of any administrative sanctions pursuant to this section. The person designated by the board of trustees shall, not later than 30 days after

receipt of the request, hold a hearing to review the reason for the imposition of

any administrative sanctions. Not later than 30 days after the hearing, the person designated by the board of

trustees shall issue a written decision affirming, denying or modifying the decision

to impose administrative sanctions and mail a copy of the decision to the parent or

legal guardian of the pupil. 6. If a public school does not have a school police officer assigned to it, the principal

of the school may designate a qualified person to carry out the requirements of this

section.