Assembly Bill No. 13–Committee on Education

Prefiled January 7, 1999

(On Behalf of Legislative Commission’s Study of
Special Education and Student Discipline)

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Referred to Committee on Education

 

SUMMARY—Establishes state program for financial support of intersession school and summer school and requires establishment of local programs. (BDR 34-321)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to education; establishing a state program for the financial support of local programs of intersession school and summer school; requiring the boards of trustees of school districts to establish similar local programs; authorizing schools to submit applications for participation in a local program; requiring the superintendent of public instruction to apportion money to school districts for the local programs; making an appropriation; and providing other matters properly relating thereto.

 

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

1-1 Section 1. Chapter 388 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 10, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3, 4

1-5 and 5 of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Intersession school" means instruction that is provided

1-7 between regularly scheduled sessions of school in a school that operates

1-8 on a year-round schedule or other alternative schedule.

1-9 Sec. 4. "Local program" means a local program of intersession

1-10 school or summer school established by the board of trustees of a school

1-11 district pursuant to section 7 of this act.

2-1 Sec. 5. "Summer school" means instruction that is provided during

2-2 the summer months in a school that operates on a regular school

2-3 schedule which is not a year-round schedule or other alternative

2-4 schedule.

2-5 Sec. 6. 1. The state program for the financial support of local

2-6 programs of intersession school and summer school is hereby established

2-7 to assist school districts in providing intersession school and summer

2-8 school.

2-9 2. On or before July 1 of each year, the superintendent of public

2-10 instruction shall, within the limits of money available for the state

2-11 program by legislative appropriation or otherwise, apportion the money

2-12 available for the state program for that year among the school districts.

2-13 The money available for the state program must be apportioned to each

2-14 school district in proportion to the total number of pupils enrolled in

2-15 public schools within the school district on the last day of the first month

2-16 of the school year preceding the school year for which the money is being

2-17 provided.

2-18 3. The board of trustees of a school district may expend not more

2-19 than 1 percent per year of the money appropriated pursuant to this

2-20 section to pay the costs incurred in administering the local program.

2-21 Sec. 7. The board of trustees of each school district shall:

2-22 1. Establish a local program of intersession school or summer school,

2-23 or both, within the school district. The local program established by the

2-24 board of trustees must include, without limitation:

2-25 (a) The criteria for the eligibility of schools within the school district to

2-26 participate in the local program;

2-27 (b) The criteria for a pupil to earn academic credit for purposes of

2-28 promotion to the next grade or graduation from junior high, middle

2-29 school or high school by completing course work in intersession school or

2-30 summer school; and

2-31 (c) The method by which the success of the local program will be

2-32 evaluated.

2-33 2. Adopt rules and policies to carry out the provisions of sections 2 to

2-34 10, inclusive, of this act, including, without limitation, the process for

2-35 submission of an application by a school to participate in the local

2-36 program, the deadline for submission of an application and the contents

2-37 of the application.

2-38 3. Submit a written description of the local program to the

2-39 department.

2-40 Sec. 8. 1. A school may submit an application to the board of

2-41 trustees of the school district to participate in the local program. The

2-42 application must be on a form provided by the board of trustees.

3-1 2. Upon receipt of such an application, the board of trustees of a

3-2 school district, or a designee of the board of trustees, shall review the

3-3 application and, if the application meets the criteria for eligibility adopted

3-4 by the board of trustees, approve the application.

3-5 3. The board of trustees of a school district shall apportion the money

3-6 available for the local program among the schools whose applications

3-7 have been approved. A school whose application is designed to serve

3-8 pupils at risk or a school that is designated as demonstrating inadequate

3-9 achievement pursuant to NRS 385.367, may, if money is available, receive

3-10 additional money.

3-11 4. As used in this section, "pupil at risk" has the meaning ascribed to

3-12 it in NRS 386.500.

3-13 Sec. 9. 1. If a school participates in a local program, the school

3-14 shall provide intersession school or summer school, as applicable, for

3-15 pupils:

3-16 (a) Who are referred to intersession school or summer school as a

3-17 result of disciplinary problems. A teacher of a pupil who causes

3-18 disciplinary problems within the classroom may refer a pupil to

3-19 participate in intersession school or summer school.

3-20 (b) Who lack sufficient course work or academic credit to graduate

3-21 from junior high, middle school or high school.

3-22 (c) Who desire to obtain additional academic credit or complete

3-23 additional course work.

3-24 (d) Who are referred by a teacher or counselor for additional

3-25 assistance with certain classes.

3-26 2. If a school participates in a local program, the school may, if

3-27 money is available after the money is allotted for the instruction required

3-28 by subsection 1, offer participation in intersession school or summer

3-29 school, as applicable, to all other pupils who are enrolled in the school.

3-30 3. Except as otherwise provided in subsection 4, a school shall not

3-31 charge a fee or tuition to a pupil who is enrolled in intersession school or

3-32 summer school.

3-33 4. Except as otherwise provided in subsection 5, if a pupil who is

3-34 referred for participation in intersession school or summer school

3-35 pursuant to paragraph (a) of subsection 1 enrolls in intersession school or

3-36 summer school, the school shall require the pupil or the parent or legal

3-37 guardian of the pupil to pay a fee of $15 for each class of intersession

3-38 school or summer school that the pupil enrolls in if:

3-39 (a) The pupil, as a result of his behavior, did not obtain a sufficient

3-40 number of academic credits or satisfactorily complete course work for the

3-41 school year; or

3-42 (b) The teacher who referred the pupil submits a statement that the

3-43 pupil failed to pass a course as a result of lack of effort by the pupil.

4-1 5. If a pupil or his parent or legal guardian is financially unable to

4-2 pay the fee required by subsection 4, the pupil shall perform service for

4-3 the school, as prescribed by the principal of the school, for at least 5

4-4 hours.

4-5 6. A school that receives money pursuant to subsection 4 shall use the

4-6 money to pay for field trips or to offer additional courses of intersession

4-7 school or summer school.

4-8 Sec. 10. On or before July 1 of each year, the board of trustees of a

4-9 school district shall submit a report to the superintendent of public

4-10 instruction on a form provided by the superintendent of public

4-11 instruction. The report must contain the following information regarding

4-12 the operation of the local program in the immediately preceding 12

4-13 months:

4-14 1. A list of which schools within the school district operated

4-15 intersession school or summer school, or both;

4-16 2. A list of the courses of instruction that were offered at each school

4-17 that participated in the local program;

4-18 3. A statement of the total enrollment of pupils in intersession school

4-19 or summer school, as applicable, for the year, including, without

4-20 limitation, the number of pupils described in paragraphs (a) to (d),

4-21 inclusive, of subsection 1 of section 9 of this act who enrolled in

4-22 intersession school or summer school;

4-23 4. The evaluation of the local program in accordance with the

4-24 method for evaluation established by the board of trustees pursuant to

4-25 section 7 of this act;

4-26 5. A statement of the costs incurred by the schools that participated in

4-27 the local program to operate intersession school or summer school;

4-28 6. A statement of the financial resources necessary for the schools

4-29 that participated in the local program to continue to operate intersession

4-30 school or summer school; and

4-31 7. Such other information as the department requires.

4-32 Sec. 11. 1. There is hereby appropriated from the state general fund

4-33 to the department of education for the state program established pursuant to

4-34 section 6 of this act for the financial support of local programs of

4-35 intersession school and summer school:

4-36 For the fiscal year 1999-2000 $2,000,000

4-37 For the fiscal year 2000-2001 $2,000,000

4-38 2. Any remaining balance of the appropriation made by subsection 1

4-39 for:

4-40 (a) The fiscal year 1999-2000 must be transferred and added to the

4-41 money appropriated for the fiscal year 2000-2001.

4-42 (b) The fiscal year 2000-2001, including any money added thereto

4-43 pursuant to paragraph (a), must not be committed for expenditure after June

5-1 30, 2001, and reverts to the state general fund as soon as all payments of

5-2 money committed have been made.

5-3 Sec. 12. On or before August 1, 1999, the boards of trustees of each

5-4 school district shall establish a program for intersession school or summer

5-5 school, or both, in accordance with sections 2 to 10, inclusive, of this act.

5-6 Sec. 13. This act becomes effective upon passage and approval.

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