Assembly Bill No. 397

Assembly Bill No. 397-Assemblymen Gustavson, Carpenter,

Von Tobel, Hettrick, Cegavske, Marvel, Hickey and Berman

April 22, 1997
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Referred to Committee on Education

SUMMARY--Authorizes parents of pupil to choose which public school pupil will attend. (BDR 34-1017)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to education; authorizing the parents of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The parents, legal guardian or custodial parent of a pupil, except for a pupil who is ineligible to attend a public school pursuant to NRS 392.4675, may submit an application for the pupil to attend a public school that is located:
(a) Within the county in which the pupil resides but outside the zone which the pupil is required to attend; or
(b) Within a county that adjoins the county in which the pupil resides.
Such an application must be submitted to the board of trustees of the school district that the pupil wishes to attend on a form provided by the board of trustees. The board of trustees of each school district shall prescribe the deadline for the submission of an application, which must not be sooner than 3 months before a school year begins.
2. The board of trustees of a school district shall not act on an application that has been submitted pursuant to subsection 1 until after the deadline for the submission of applications. Except as otherwise provided in this subsection, the board of trustees of a school district shall approve all applications that are submitted. If the board of trustees of a school district determines that a public school within the district does not have sufficient resources to accommodate the total number of pupils who submitted applications for that school, including, without limitation, a sufficient number of classrooms or personnel, the board of trustees of the school district shall hold a meeting, in accordance with NRS 241.020, to select randomly which applications will be approved. The board of trustees of the school district shall ensure that the random selection of applications occurs in such a manner that every application which has been submitted is given an equal opportunity to be included in the selection.
3. If a board of trustees of a school district approves an application that has been submitted pursuant to subsection 1, the board of trustees shall provide written notice of the approval:
(a) To the public school that the pupil would otherwise be required to attend; and
(b) If the pupil's application to attend a school located in a county that adjoins the county in which the pupil resides was approved, to the board of trustees of the school district in which the pupil resides.
4. If a pupil attends a public school pursuant to this section:
(a) The pupil must be counted, for purposes of the apportionment of money, as enrolled in the school district in which the pupil attends school.
(b) The pupil may not transfer to another public school in the county of his residence until after the completion of the school year. If, for the next school year, the pupil desires to return to the public school that he is otherwise required to attend, the parents, legal guardian or custodial parent of the pupil must provide written notice of that desire to the board of trustees of the school district in which the pupil resides at least 3 months before the next school year begins.
5. If, pursuant to this section, a pupil attends a public school in a county that adjoins the county in which the pupil resides, the board of trustees of the school district in which the pupil resides shall pay for the costs of transportation of the pupil in an amount which is equal to 75 percent of the average amount it expends per pupil for the transportation of pupils within the school district.
Sec. 2 NRS 392.010 is hereby amended to read as follows:
392.010 Except as to the attendance of a pupil pursuant to NRS 392.015 or section 1 of this act, or a pupil who is ineligible for attendance pursuant to NRS 392.4675:
1. The board of trustees of any school district may, with the approval of the superintendent of public instruction:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.
2. With the approval of the superintendent of public instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
(a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 3 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4 This act becomes effective on July 1, 1997.