Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 385.021 - Composition; election and appointment of members; qualifications of members; terms of members; vacancies1. The State Board of Education is hereby created. The State Board consists of the following voting members: (a) One member elected by the registered voters of each congressional district described in the shapefile adopted by NRS 304.095;(b) One member appointed by the Governor;(c) One member appointed by the Governor, nominated by the Majority Leader of the Senate; and(d) One member appointed by the Governor, nominated by the Speaker of the Assembly.2. In addition to the voting members described in subsection 1, the State Board consists of the following four nonvoting members:(a) One member appointed by the Governor who is a member of a board of trustees of a school district, nominated by the Nevada Association of School Boards;(b) One member appointed by the Governor who is the superintendent of schools of a school district, nominated by the Nevada Association of School Superintendents;(c) One member appointed by the Governor who represents the Nevada System of Higher Education, nominated by the Board of Regents of the University of Nevada; and(d) One member appointed by the Governor who is a pupil enrolled in a public school in this State, nominated by the Nevada Association of Student Councils or its successor organization and in consultation with the Nevada Youth Legislature. After the initial term, the term of the member appointed pursuant to this paragraph commences on June 1 and expires on May 31 of the following year.3. Each member of the State Board elected pursuant to paragraph (a) of subsection 1 must be a qualified elector of the district from which that member is elected.4. Each member appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 and each member appointed pursuant to subsection 2 must be a resident of this State.5. Except as otherwise provided in paragraphs (a) and (c) of subsection 2, a person who is elected to serve as an officer of this State or any political subdivision thereof or a person appointed to serve for the unexpired term of such an office may not serve or continue to serve on the State Board.6. The Governor shall ensure that the members appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 represent the geographic diversity of this State and that: (a) One member is a teacher at a public school selected from a list of three candidates provided by the Nevada State Education Association.(b) One member is the parent or legal guardian of a pupil enrolled in a public school.(c) One member is a person active in a private business or industry of this State.7. After the initial terms, each member: (a) Elected pursuant to paragraph (a) of subsection 1 serves a term of 4 years. A member may be elected to serve not more than three terms but may be appointed to serve pursuant to paragraph (b), (c) or (d) of subsection 1 or subsection 2 after service as an elected member, notwithstanding the number of terms the member served as an elected member.(b) Appointed pursuant to paragraphs (b), (c) and (d) of subsection 1 serves a term of 2 years, except that each member continues to serve until a successor is appointed. A member may be reappointed for additional terms of 2 years in the same manner as the original appointment.(c) Appointed pursuant to subsection 2 serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.8. If a vacancy occurs during the term of:(a) A member who was elected pursuant to paragraph (a) of subsection 1, the Governor shall appoint a member to fill the vacancy until the next general election, at which election a member must be chosen for the balance of the unexpired term. The appointee must be a qualified elector of the district where the vacancy occurs.(b) A voting member appointed pursuant to paragraph (b), (c) or (d) of subsection 1 or a nonvoting member appointed pursuant to subsection 2, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.Added to NRS by 1971, 1532; A 1973, 159; 1979, 1565; 1981, 1818; 1991, 1089; 2001 Special Session, 347; 2011, 2300; 2015, 2081; 2021, 33rd Special Session, 6Amended by 2021SP1, Ch. 1,§14, eff. (a) upon passage and approval for the purposes of creating each petition district within the State and for determining pursuant to the provisions of NRS 293.127563 the number of signatures required to be gathered from each petition district within the State for a petition for initiative or referendum that proposes a state constitutional amendment or other statewide ballot measure and, notwithstanding any other provisions of law, apply to each such petition that is filed with the Secretary of State pursuant to NRS 295.015: (1) On or after 11/16/2021; or (2) On or after 8/1/2021, and before 11/16/2021, if the petition is amended and the revised petition is filed with the Secretary of State on or after 11/16/2021; (b) upon passage and approval for all purposes relating to the members of the State Board of Education; (c) on 1/1/2022, for the purposes of filing for office and for nominating and electing Representatives in the Congress of the United States, and at 9:00 a.m. on 1/3/2023, for all other purposes.Amended by 2015, Ch. 371,§1, eff. 7/1/2015.Added to NRS by 1971, 1532; A 1973, 159; 1979, 1565; 1981, 1818; 1991, 1089; 2001 Special Session, 347; 2011, 2300, effective January 1, 2012, for the purpose of filing for office and for nominating and electing members of the State Board of Education and January 8, 2013, for all other purposes