Assembly Bill No. 348–Assemblymen McClain, Buckley, Carpenter, de Braga, Segerblom, Berman, Dini, Manendo, Williams, Lee, Thomas, Price, Ohrenschall, Gibbons, Von Tobel, Collins, Parks, Koivisto, Arberry, Giunchigliani, Freeman, Chowning, Anderson, Gustavson, Leslie, Claborn, Beers, Nolan, Brower, Hettrick, Humke, Perkins, Evans, Parnell, Mortenson, Bache, Cegavske, Neighbors, Goldwater, Marvel, Tiffany and Angle

March 1, 1999

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Joint Sponsors: Senators Porter, Titus, O’Connell, Washington, Wiener, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer and Townsend

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Referred to Concurrent Committees on Education
and Ways and Means

 

SUMMARY—Authorizes certain charter schools to use public school buildings during regular school hours and makes appropriation. (BDR 34-1410)

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; authorizing certain charter schools to use public school buildings during regular school hours upon approval of the board of trustees of the school district; making an appropriation to the department of education to provide the start-up costs for a charter school that will provide educational services and programs to pupils who have hearing impairments; and providing other matters properly relating thereto.

Whereas, The Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., is the federal law which seeks to ensure that children with

disabilities have access to a free appropriate public education; and

Whereas, Providing a free appropriate public education to children

who have hearing impairments, including, without limitation, deafness, is

an essential element of fulfilling this state’s important goal of ensuring

equality of opportunity, full participation, independent living and

economic self-sufficiency for persons who have hearing impairments; and

Whereas, It is essential that children who have hearing impairments

receive an education that is tailored to their unique needs in a learning

environment that allows the children to develop to their fullest academic

capacity; and

Whereas, For a child with a hearing impairment to succeed fully in

school, it is essential that the teachers and other personnel assisting the

child are able to communicate with the child in a mode of language that the

child understands, including, without limitation, American Sign Language,

sign systems and oral speech-based training; and

Whereas, A child with a hearing impairment can benefit if his school

peers can communicate with the child in a mode of language that the child

understands; and

Whereas, A charter school that provides educational services and

programs in accordance with the Individuals with Disabilities Education

Act exclusively to children who have hearing impairments will benefit the

educational and social achievement of the children of this state who have

hearing impairments; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1 Section 1. NRS 386.560 is hereby amended to read as follows:

2-2 386.560 1. A charter school may contract with the board of trustees

2-3 of the school district in which the charter school is located to perform any

2-4 service relating to the operation of the charter school, including, without

2-5 limitation, transportation and the provision of health services for the pupils

2-6 who are enrolled in the charter school.

2-7 2. A charter school may use any public facility located within the

2-8 school district in which the charter school is located. [A] Except as

2-9 otherwise provided in this subsection, a charter school may use school

2-10 buildings owned by the school district only upon approval of the board of

2-11 trustees of the school district and during times that are not regular school

2-12 hours. If a charter school provides educational services and programs

2-13 exclusively to pupils who have hearing impairments, including, without

2-14 limitation, deafness, the charter school may use the school buildings

2-15 owned by the school district upon approval of the board of trustees of the

2-16 school district during any time, including, without limitation, during

2-17 regular school hours.

3-1 Sec. 2. 1. There is hereby appropriated from the state general fund

3-2 to the department of education the sum of $200,000 to provide the start-up

3-3 costs for a charter school that is established to provide educational services

3-4 and programs exclusively to pupils who have hearing impairments,

3-5 including, without limitation, deafness.

3-6 2. A committee to form a charter school whose application is approved

3-7 by the board of trustees of a school district pursuant to NRS 386.525 may

3-8 submit an application to the department of education for a grant of the

3-9 money appropriated by subsection 1 if the charter school will provide

3-10 educational services and programs exclusively to pupils who have hearing

3-11 impairments, including, without limitation, deafness. The application must:

3-12 (a) Be on a form provided by the department of education;

3-13 (b) Include a written description of the types of educational services and

3-14 programs that the charter school will provide to pupils who have hearing

3-15 impairments;

3-16 (c) Include a written description that demonstrates that the charter

3-17 school complies with the Individuals with Disabilities Education Act, 20

3-18 U.S.C. §§ 1400 et seq.; and

3-19 (d) Include the number of applications from children who have hearing

3-20 impairments that have been approved by the charter school for admission

3-21 in the first year of operation.

3-22 3. The department of education shall approve the first application that

3-23 is submitted which is complete. The department of education shall not

3-24 approve an application if the applicant has not satisfactorily demonstrated

3-25 to the department that the charter school complies with the Individuals

3-26 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. If the

3-27 department of education receives more than one complete application on

3-28 the same date, the department shall approve the application of the charter

3-29 school that has accepted the most applications from pupils who have

3-30 hearing impairments for enrollment in the first year of operation.

3-31 4. A charter school that receives the money appropriated by subsection

3-32 1 shall use the money only for the costs related to preparing the charter

3-33 school for its first year of operation.

3-34 5. The appropriation made by subsection 1 must not be committed for

3-35 expenditure after June 30, 2001, and reverts to the state general fund as

3-36 soon as all payments of money committed have been made.

3-37 Sec. 3. 1. This section and section 2 of this act become effective

3-38 upon passage and approval.

3-39 2. Section 1 of this act becomes effective on July 1, 1999.

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