SUMMARY--Establishes program of community partnership schools. (BDR 34-1484)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; requiring the boards of trustees of school districts to establish a program of community partnership schools; authorizing individual public schools to participate in a program of community partnership schools; creating a trust fund for community partnership schools; providing a partial exemption from the business tax for businesses that employ certain persons who participate in a school council for a program of community partnership schools; making an appropriation; repealing provisions governing school-based decision making; 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 NRS 385.347 is hereby amended to read as follows:
385.3471. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, the average class size for each required course of study for each secondary school in the district and the district as a whole, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole.
(e) The total expenditure per pupil for each school in the district and the district as a whole.
(f) The curriculum used by the school district, including any special programs for pupils at an individual school.
(g) Records of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) The transiency rate of pupils for each school in the district and the district as a whole.
(m) Each source of funding for the school district.
(n) For each school in the district that is participating in a program of community partnership schools, the written results of the evaluation conducted by the board of trustees pursuant to section 6 of this act.
(o) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 2 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 8, inclusive, of this act.
Sec. 3 The board of trustees of each school district shall, in consultation with each organization recognized pursuant to chapter 288 of NRS that represents educational personnel in the school district, adopt a program of community partnership schools for the schools in the district. The program must prescribe:
1. The procedure by which an election for the creation of a community partnership school must be conducted, including, without limitation, the procedure by which a parent or legal guardian who is eligible to vote in such an election may submit his ballot by mail.
2. The selection and appointment of members to a school council, including, without limitation, the designation of the person who appoints the members to the school council. The membership of the council must, insofar as is practicable, be composed as follows:
(a) Forty percent must be licensed teachers of the school;
(b) Thirty percent must be parents or legal guardians of pupils who are enrolled in the school;
(c) Twenty percent must be employees in the classified service of this state, other than those persons who are appointed pursuant to paragraphs (a), (b) and (d); and
(d) Ten percent must be administrators of the school.
3. The initial terms of the members of a school council in a manner that results in the terms of not more than one-half of the members expiring in the same year.
4. The requirements for recordkeeping by a school council.
5. The procedure by which a school or a parent or legal guardian of a pupil who is enrolled in the school may appeal a decision of a school council.
6. The procedure for a school council to obtain a waiver of the requirements of regulations of the board of trustees or the state board pursuant to section 7 of this act.
7. A method for:
(a) Determining the progress of each pupil who is enrolled in a school that is participating in a program of community partnership schools; and
(b) Reporting the progress of the pupil to the pupil, his parents or legal guardian, the board of trustees and the state board.
8. The training provided by the board of trustees pursuant to section 6 of this act.
9. A method for allocating money to schools that are participating in a program of community partnership schools and for the administration of the budget of the school district.
10. The procedure by which a school council may withdraw from a program of community partnership schools.
Sec. 4 1. A petition to participate in a program of community partnership schools may be submitted to the board of trustees of a school district by any person who signed the petition. Such a petition must be signed by at least:
(a) Five persons who are employed by the school; and
(b) Five persons who are parents or legal guardians of pupils who are enrolled in the school.
2. Not more than 30 days after the receipt of a petition submitted pursuant to subsection 1, the board of trustees of the school district shall hold an election at the school in accordance with the procedure adopted by the board of trustees pursuant to subsection 1 of section 3 of this act. Each employee of the school and each parent or legal guardian of a pupil who is enrolled in the school is eligible to vote in the election. Written notice of the election must be mailed to each parent or legal guardian of a pupil who is enrolled in the school. The notice must include the date, time and place of the election and describe the purpose for which the election will be held. The board of trustees of the school district shall permit a parent or legal guardian who is eligible to vote to submit his ballot by mail.
3. A school shall participate in a program of community partnership schools if at least:
(a) Sixty-seven percent of the employees of the school who are eligible to vote; and
(b) Fifty-one percent of the parents or legal guardians who vote upon the question,
approve the question of whether the school should participate in such a program. The school shall continue to participate in the program until the school council withdraws the school from the program.
4. Upon the approval of a question of whether to participate in a program of community partnership schools, the principal or other administrator of the school shall ensure that a school council is created and appointed in accordance with the program adopted by the board of trustees of the school district pursuant to subsection 2 of section 3 of this act. After the initial terms, the term of each member of the school council is 2 years.
Sec. 5 Each school council created pursuant to section 4 of this act shall:
1. Comply with all provisions of the program of community partnership schools adopted by the board of trustees of the school district pursuant to section 3 of this act.
2. Meet regularly at least monthly on the same date or same day.
3. Adopt a statement of the goals and standards for the school, including, without limitation, the desired level of achievement of those goals and standards.
4. Develop a plan for the improvement of the school.
5. Establish priorities for the educational achievement of pupils who are enrolled in the school that are based upon an assessment of the educational needs of the pupils.
6. Develop methods and programs of instruction to meet the priorities for educational achievement established by the school council.
7. Develop and carry out programs for the acquisition of the professional skills required of teachers and other educational personnel employed at the school to meet the priorities for educational achievement established by the school.
8. Interview all applicants for employment at the school and make recommendations to the board of trustees of the school district concerning the hiring of those applicants.
9. Select instructional equipment, supplies and materials for the school. If any equipment, supplies or materials are the subject of a collective bargaining agreement pursuant to NRS 288.150, the school council shall obtain the approval of the parties who entered into that agreement.
10. Determine the use of facilities for instruction at the school.
11. Make recommendations to the board of trustees of the school district concerning the manner in which the board of trustees:
(a) Distributes money to the school and expends money on behalf of the school; and
(b) Schedules days of instruction for the school pursuant to NRS 388.090.
12. Take such action as the school council considers necessary, in accordance with any action taken by the board of trustees of the school district pursuant to section 6 of this act, to increase the participation of parents and legal guardians of pupils who are enrolled in the school and other members of the community in activities relating to the school.
13. If necessary to carry out the duties of the school council pursuant to this section, request a waiver from:
(a) The regulations of the board of trustees or the state board; or
(b) A course of study prescribed by the state board,
pursuant to section 7 of this act.
Sec. 6 The board of trustees of a school district shall:
1. Upon the request of a school council located in the school district, provide training concerning the operation of a community partnership school to the employees of the school and the parents and legal guardians of pupils who are enrolled in the school.
2. Take actions designed to increase the participation of:
(a) The parents or legal guardians of pupils who are enrolled in a school that is participating in a program of community partnership schools; and
(b) Other members of the community,
in activities relating to the school.
3. At least annually evaluate the performance of each school in the district that is participating in a program of community partnership schools in achieving the goals and standards adopted by each school council pursuant to section 5 of this act. The written results of the evaluation must be included in the report submitted by the board of trustees pursuant to NRS 385.347.
Sec. 7 1. The board of trustees of a school district may waive the requirements of regulations of the board of trustees and the state board for a school that is participating in a program of community partnership schools in the district. The board of trustees may not waive statutory requirements.
2. The state board may waive a course of study otherwise required by statute upon application of the board of trustees of a school district on behalf of a school council created pursuant to section 4 of this act.
Sec. 8 1. The trust fund for community partnership schools is hereby created in the state general fund, to be administered by the superintendent of public instruction.
2. The department shall adopt regulations that establish the procedure by which a school council created pursuant to section 4 of this act may apply for a grant from the trust fund. The superintendent of public instruction may distribute grants of money, not to exceed $30,000, to individual school councils in accordance with the regulations adopted by the department. The recipient of such a grant shall use the grant to carry out the program of community partnership schools adopted by the board of trustees of the school district.
3. The superintendent of public instruction may accept gifts and grants for deposit in the trust fund.
4. All claims against the trust fund must be paid as other claims against the state are paid.
5. The interest and income earned on the money in the trust fund must be credited to the trust fund.
Sec. 9 NRS 364A.150 is hereby amended to read as follows:
364A.1501. The total number of equivalent full-time employees employed by a business in a quarter must be calculated by dividing the total number of hours all employees have worked during the quarter by 468.
2. To determine the total number of hours all employees have worked during the quarter, the business must add the total number of hours worked by full-time employees based in this state during the quarter to the total number of hours worked by part-time employees based in this state during the quarter and to the total number of hours worked in this state by employees described in subsection 6. A "full-time employee" is a person who is employed to work at least 36 hours per week. All other employees are part-time employees. An occasional reduction in the number of hours actually worked in any week by a particular employee, as the result of sickness, vacation or other compensated absence, does not affect his status for the purposes of this section if his regular hours of work are 36 or more per week. All hours for which a part-time employee is paid must be included.
3. [The] Except as otherwise provided in subsection 7, the total number of hours worked by full-time employees of a business during the quarter may be calculated by:
(a) Determining from the records of the business the number of hours each full-time employee has worked during the quarter up to a maximum of 468 hours per quarter and totaling the results; or
(b) Multiplying 7.2 hours by the number of days each full-time employee was employed by the business up to a maximum of 65 days per quarter and totaling the results.
4. [The] Except as otherwise provided in subsection 7, the total number of hours worked by part-time employees of a business during the quarter must be calculated by determining from the records of the business the number of hours each part-time employee has worked during the quarter and totaling the results.
5. The total number of hours all employees have worked during the quarter must be calculated excluding the hours worked by a sole proprietor or one natural person in any unincorporated business, who shall be deemed the owner of the business rather than an employee.
6. To determine the total number of hours all employees have worked during the quarter, in the case of a business which employs a natural person at a base or business location outside Nevada, but directs that person to perform at least some of his duties in Nevada, the calculation must include the total number of hours actually worked by that person in Nevada during the quarter. To calculate the number of hours worked in Nevada, the formula in paragraph (b) of subsection 3 must be used for full-time employees, and the formula in subsection 4 must be used for part-time employees.
7. If a business:
(a) Employs in a calendar quarter an employee who is a member of a school council created pursuant to section 4 of this act; and
(b) Grants paid leave to the employee so that he may perform the duties required of him as a member of the council,
the business may exclude the total number of hours, not to exceed 20 hours, of such paid leave granted to the employee in that quarter in calculating the total number of hours worked by all employees pursuant to this section.
Sec. 10 1. There is hereby appropriated from the state general fund to the trust fund for community partnership schools created pursuant to section 8 of this act the sum of $1,000,000 for distribution by the superintendent of public instruction pursuant to section 8 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 11 NRS 386.4154, 386.4156 and 386.4158 are hereby repealed.
Sec. 12 The provisions of this act do not prohibit a member of a school council that was created pursuant to NRS 386.4154 from being appointed, in accordance with the program adopted by the board of trustees of a school district pursuant to section 3 of this act, to a school council that is created pursuant to the provisions of section 4 of this act.
Sec. 13 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. 14 1. This section and sections 3 and 13 of this act become effective upon passage and approval. The board of trustees of each school district shall adopt a program of community partnership schools required by section 3 of this act not later than December 15, 1997.
2. Section 8 of this act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 1997, for all other purposes. The department of education shall adopt the regulations required by section 8 of this act not later than December 15, 1997.
3. Sections 1 and 2, 4 to 7, inclusive, and 9 to 12, inclusive, of this act become effective on July 1, 1997.
TEXT OF REPEALED SECTIONS
386.4154Authority of board of trustees to prescribe rules relating to creation and administration of program. [Expires by limitation on June 30, 1999.]The board of trustees of a school district may prescribe rules relating to the creation and administration of a program of school-based decision making for the public schools within the district. The rules must provide:
1. For the creation of a school council;
2. For the involvement of parents and other members of the community on and with the school council;
3. The requirements for recordkeeping by the school council;
4. The procedure for appealing a decision of the school council;
5. The procedure for a school to obtain a waiver of the requirements of regulations of the board of trustees or the state board;
6. A method for determining the progress of a pupil in a program of school-based decision making;
7. A method for reporting the progress of a pupil to the pupil, his parents or guardians, the board of trustees and the state board;
8. Plans for improving the schools within the district;
9. A method for allocating money to schools that have adopted a program of school-based decision making and for the administration of the budget of the school district; and
10. The procedure which a school council or board of trustees may use to withdraw from a program of school-based decision making.
386.4156Authority of board of trustees to waive requirements of regulations for public school adopting program. [Expires by limitation on June 30, 1999.]The board of trustees of a school district may waive the requirements of regulations of the board of trustees and the state board for a public school within the district that adopts a program of school-based decision making. The board of trustees may not waive statutory requirements.
386.4158Authority of state board of education to waive required course of study for school council created pursuant to program. [Expires by limitation on June 30, 1999.]The state board may waive a course of study otherwise required by statute upon application of the board of trustees of a school district on behalf of a school council created pursuant to a program of school-based decision making.