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).

1-1 Section 1. NRS 386.550 is hereby amended to read as follows:

1-2 386.550 A charter school shall:

1-3 1. Comply with all laws and regulations relating to discrimination and

1-4 civil rights.

1-5 2. Remain nonsectarian, including, without limitation, in its

1-6 educational programs, policies for admission and employment practices.

1-7 3. Refrain from charging tuition or fees, levying taxes or issuing bonds.

1-8 4. Comply with any plan for desegregation ordered by a court that is in

1-9 effect in the school district in which the charter school is located.

1-10 5. Comply with the provisions of chapter 241 of NRS.

2-1 6. Schedule and provide annually at least as many days of instruction

2-2 as are required of other public schools located in the same school district as

2-3 the charter school is located.

2-4 7. Cooperate with the board of trustees of the school district in the

2-5 administration of the achievement and proficiency examinations

2-6 administered pursuant to NRS 389.015 to the pupils who are enrolled in the

2-7 charter school.

2-8 8. Comply with applicable statutes and regulations governing the

2-9 achievement and proficiency of pupils in this state.

2-10 9. Provide instruction in the core academic subjects set forth in

2-11 subsection 1 of section 6 of this act, as applicable for the grade levels of

2-12 pupils who are enrolled in the charter school, and provide at least the

2-13 courses of instruction that are required of pupils by statute or regulation for

2-14 promotion to the next grade or graduation from a public high school and

2-15 require the pupils who are enrolled in the charter school to receive that

2-16 instruction and take those courses of study. This subsection does not

2-17 preclude a charter school from offering, or requiring the pupils who are

2-18 enrolled in the charter school to take, other courses of study that are

2-19 required by statute or regulation.

2-20 10. Provide instruction on acquired immune deficiency syndrome and

2-21 the human reproductive system, related to communicable diseases and

2-22 sexual responsibility in accordance with NRS 389.065.

2-23 11. Adhere to the same transportation policy that is in effect in the

2-24 school district in which the charter school is located.

2-25 Sec. 2. NRS 386.585 is hereby amended to read as follows:

2-26 386.585 1. A governing body of a charter school shall adopt:

2-27 (a) Written rules of behavior required of and prohibited for pupils

2-28 attending the charter school; and

2-29 (b) Appropriate punishments for violations of the rules.

2-30 2. Except as otherwise provided in subsection 3, if suspension or

2-31 expulsion of a pupil is used as a punishment for a violation of the rules, the

2-32 charter school shall ensure that, before the suspension or expulsion, the

2-33 pupil has been given notice of the charges against him, an explanation of

2-34 the evidence and an opportunity for a hearing. The provisions of chapter

2-35 241 of NRS do not apply to any hearing conducted pursuant to this section.

2-36 Such a hearing must be closed to the public.

2-37 3. A pupil who poses a continuing danger to persons or property or an

2-38 ongoing threat of disrupting the academic process or who is selling or

2-39 distributing any controlled substance or who is found to be in possession of

2-40 a dangerous weapon as provided in NRS 392.466 may be removed from the

2-41 charter school immediately upon being given an explanation of the reasons

2-42 for his removal and pending proceedings, which must be conducted as soon

2-43 as practicable after removal, for his suspension or expulsion.

3-1 4. A pupil who is enrolled in a charter school and participating in a

3-2 program of special education pursuant to NRS 388.520, other than a pupil

3-3 who is gifted and talented, may, in accordance with the procedural policy

3-4 adopted by the governing body of the charter school for such matters, be:

3-5 (a) Suspended from the charter school pursuant to this section for not

3-6 more than 10 days.

3-7 (b) Suspended from the charter school for more than 10 days or

3-8 permanently expelled from school pursuant to this section only after the

3-9 [governing] :

3-10 (1) Pupil’s individualized education program team has conducted a

3-11 review in accordance with 20 U.S.C. § 1415(k) and determined that the

3-12 behavior of the pupil is not a manifestation of his disability. In

3-13 conducting the review, the individualized education program team shall

3-14 not presume that the behavior of the pupil is a manifestation of his

3-15 disability.

3-16 (2) Governing body has reviewed the circumstances and determined

3-17 that the action is in compliance with the Individuals with Disabilities

3-18 Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

3-19 5. A copy of the rules of behavior, prescribed punishments and

3-20 procedures to be followed in imposing punishments must be:

3-21 (a) Distributed to each pupil at the beginning of the school year and to

3-22 each new pupil who enters school during the year.

3-23 (b) Available for public inspection at the charter school.

3-24 6. The governing body of a charter school may adopt rules relating to

3-25 the truancy of pupils who are enrolled in the charter school if the rules are

3-26 at least as restrictive as the provisions governing truancy set forth in NRS

3-27 392.130 to 392.220, inclusive. If a governing body adopts rules governing

3-28 truancy, it shall include the rules in the written rules adopted by the

3-29 governing body pursuant to subsection 1.

3-30 7. As used in this section, "individualized education program team"

3-31 has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

3-32 Sec. 3. NRS 388.380 is hereby amended to read as follows:

3-33 388.380 1. Except as otherwise provided in subsection 2, the board

3-42 the curriculum:

4-1 (a) Occupational guidance and counseling [;] in accordance with NRS

4-2 389.180; and

4-3 (b) Technology . [,

4-4 in accordance with the courses of study adopted by the state board pursuant

4-5 to NRS 389.170 and 389.180.]

4-6 Sec. 4. NRS 388.450 is hereby amended to read as follows:

4-7 388.450 1. The legislature declares that the basic support guarantee

4-22 board . [of education.]

4-23 Sec. 5. NRS 388.470 is hereby amended to read as follows:

4-24 388.470 1. Before any child is placed in a special program for pupils

4-36 disciplinary problem in school.

4-37 Sec. 6. Chapter 389 of NRS is hereby amended by adding thereto a

4-38 new section to read as follows:

4-39 1. The following subjects are designated as the core academic

4-40 subjects that must be taught, as applicable for grade levels, in all public

4-41 schools, the Caliente youth center and the Nevada youth training center:

4-42 (a) English, including reading, composition and writing;

4-43 (b) Mathematics;

5-1 (c) Science; and

5-2 (d) Social studies, which includes only the subjects of history,

5-3 geography, economics and government.

5-4 2. Except as otherwise provided in this subsection, in addition to the

5-5 core academic subjects, the following subjects must be taught as

5-6 applicable for grade levels and to the extent practicable in all public

5-7 schools, the Caliente youth center and the Nevada youth training center:

5-8 (a) The arts;

5-9 (b) Computer education and technology;

5-10 (c) Health; and

5-11 (d) Physical education.

5-12 If the state board requires the completion of course work in a subject

5-13 area set forth in this subsection for graduation from high school or

5-14 promotion to the next grade, a public school shall offer the required

5-15 course work. Unless a subject is required for graduation from high

5-16 school or promotion to the next grade, a charter school is not required to

5-17 comply with this subsection.

5-18 3. The state board shall adopt regulations establishing courses of

5-19 study and the grade levels for which the courses of study apply for:

5-20 (a) The academic subjects set forth in subsections 1 and 2.

5-21 (b) Citizenship and physical training for pupils enrolled in high

5-22 school.

5-23 (c) Physiology, hygiene and cardiopulmonary resuscitation.

5-24 (d) The prevention of suicide.

5-25 (e) Instruction relating to child abuse.

5-26 (f) The economics of the American system of free enterprise.

5-27 (g) American Sign Language.

5-28 (h) Environmental education.

5-29 (i) Adult roles and responsibilities.

5-30 A course of study established for paragraph (a) may include one or more

5-31 of the subjects listed in paragraphs (b) to (i), inclusive.

5-32 Sec. 7. NRS 389.010 is hereby amended to read as follows:

5-33 389.010 Except as otherwise provided in [NRS 389.170 and] 389.180,

5-35 study prescribed and adopted by the state board.

5-36 Sec. 8. NRS 389.020 is hereby amended to read as follows:

5-37 389.020 1. In all public schools, the Caliente youth center and the

5-43 (2) The Constitution of the State of Nevada [, the origin] ;

6-1 (3) The Declaration of Independence;

6-2 (4) The Federalist Papers;

6-3 (5) Abraham Lincoln’s Gettysburg Address;

6-4 (6) The Emancipation Proclamation; and

6-5 (7) George Washington’s Farewell Address;

6-6 (b) Origin and history of the constitutions [and the study] ; and

6-7 (c) Study of and devotion to American institutions and ideals.

6-8 2. The instruction required [in] by subsection 1 must be given during at

6-9 least 1 year of the elementary school grades and for a period of at least 1

6-10 year in all high schools.

6-11 Sec. 9. NRS 392.466 is hereby amended to read as follows:

6-12 392.466 1. Except as otherwise provided in this section, any pupil

6-42 pursuant to NRS 392.070.

7-1 4. This section does not prohibit a pupil from having in his possession

7-2 a knife or firearm with the approval of the principal of the school. A

7-3 principal may grant such approval only in accordance with the policies or

7-4 regulations adopted by the board of trustees of the school district.

7-5 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

7-6 found to have possessed a firearm in violation of subsection 2, may be

7-7 suspended from school or permanently expelled from school pursuant to

7-8 this section only after the board of trustees of the school district has

7-9 reviewed the circumstances and approved this action in accordance with the

7-10 procedural policy adopted by the board for such issues.

7-11 6. A pupil who is participating in a program of special education

7-12 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

7-13 may, in accordance with the procedural policy adopted by the board of

7-14 trustees of the school district for such matters, be:

7-15 (a) Suspended from school pursuant to this section for not more than 10

7-16 days. Such a suspension may be imposed pursuant to this paragraph for

7-17 each occurrence of conduct proscribed by subsection 1.

7-18 (b) Suspended from school for more than 10 days or permanently

7-19 expelled from school pursuant to this section only after the [board] :

7-20 (1) Pupil’s individualized education program team has conducted a

7-21 review in accordance with 20 U.S.C. § 1415(k) and determined that the

7-22 behavior of the pupil is not a manifestation of his disability. In

7-23 conducting the review, the individualized education program team shall

7-24 not presume that the behavior of the pupil is a manifestation of his

7-25 disability.

7-26 (2) Board of trustees of the school district has reviewed the

7-27 circumstances and determined that the action is in compliance with the

7-28 Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq.

7-29 [).]

7-30 7. As used in this section:

7-31 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

7-32 subsection 1 of NRS 200.481.

7-33 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

7-34 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

7-35 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

7-36 any other knife described in NRS 202.350, or any other object which is

7-37 used, or threatened to be used, in such a manner and under such

7-38 circumstances as to pose a threat of, or cause, bodily injury to a person.

7-39 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

7-40 explosive substance or device, and any other item included within the

7-41 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on
7-42 July 1, 1995.

8-1 (d) "Individualized education program team" has the meaning

8-2 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

8-3 Sec. 10. NRS 392.467 is hereby amended to read as follows:

8-4 392.467 1. Except as otherwise provided in subsections 4 and 5, the

9-1 6. As used in this section, "individualized education program team"

9-2 has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

9-3 Sec. 11. 1. The subjects taught in public schools pursuant to

9-4 subsections 1 and 2 of section 6 of this act must be in accordance with the

9-5 standards of content and performance established for grade levels by the

9-6 council to establish academic standards for public schools pursuant to

9-7 section 45 of chapter 473, Statutes of Nevada 1997, at page 1780.

9-8 2. The courses of study established by the state board of education

9-9 pursuant to paragraph (a) of subsection 3 of section 6 of this act must

9-10 comply with and carry out the standards of content and performance that

9-11 are submitted to the state board of education by the council to establish

9-12 academic standards for public schools pursuant to section 45 of chapter

9-13 473, Statutes of Nevada 1997, at page 1780.

9-14 Sec. 12. NRS 389.050, 389.060, 389.063, 389.075, 389.080, 389.083,

9-15 389.085, 389.110, 389.120, 389.130, 389.140, 389.170 and 389.190 are

9-16 hereby repealed.

9-17 Sec. 13. This act becomes effective on July 1, 1999.

9-18 LEADLINES OF REPEALED SECTIONS

9-19 389.050 Instruction in high school in citizenship and physical

9-20 training; employment of teachers of physical training.

9-21 389.060 Instruction in physiology, hygiene and cardiopulmonary

9-22 resuscitation.

9-23 389.063 Instruction on prevention of suicide.

9-24 389.075 Instruction relating to child abuse.

9-25 389.080 Instruction in economics of American system of free

9-26 enterprise.

9-27 389.083 American Sign Language: Approval of course work;

9-28 credit as foreign language.

9-29 389.085 Automobile driver education program: Establishment;

9-30 appropriations; apportionments to school districts and charter

9-31 schools; restrictions on expenditures.

9-32 389.110 Environmental education: Instruction in environmental

9-33 preservation and protection, principles of ecology and conservation of

9-34 resources.

9-35 389.120 Environmental education: Counseling programs.

9-36 389.130 Environmental education: Programs for outdoor

9-37 education and camping.

9-38 389.140 Environmental education: Duties of superintendent of

9-39 public instruction.

10-1 389.170 Course of study: Technology.

10-2 389.190 Course of study: Adult roles and responsibilities.