CHAPTER........

Whereas, The primary consideration of the legislature in enacting

legislation to authorize charter schools is to serve the best interests of all

pupils, including pupils who may be at risk; and

Whereas, The intention of the legislature is to provide:

1. The board of trustees of school districts with a method to experiment

with providing a variety of independent public schools to the pupils of this

state;

2. A framework for such experimentation;

3. A mechanism by which the results achieved by charter schools may

be measured and analyzed; and

4. A procedure by which the positive results achieved by charter

schools may be replicated and the negative results may be identified and

eliminated; and

teachers and other educational personnel, parents, legal guardians and other

persons who are interested in the system of public education in this state the

opportunity to:

1. Improve the learning of pupils and, by extension, improve the

system of public education;

2. Increase the opportunities for learning and access to quality

education by pupils;

3. Encourage the use of different and innovative teaching methods

; 4. Establish appropriate measures for and assessments of the learning

achieved by pupils who are enrolled in charter schools;

5. Provide a more thorough and efficient system of accountability of

the results achieved in public education in this state; and

6. Create new professional opportunities for teachers and other

educational personnel, including, without limitation, the opportunity to

increase the accessibility and responsibility of teachers and other

educational personnel for the program of learning offered; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.007 is hereby amended to read as follows:

385.007 As used in this Title, unless the context otherwise requires:

1. "Charter school" means a public school that is formed pursuant to

2. "Department" means the department of education.

3. "Public schools" means all kindergartens and elementary schools,

junior high schools and middle schools, high schools, charter schools and

any other schools, classes and educational programs which receive their

support through public taxation and, except for charter schools, whose

textbooks and courses of study are under the control of the state board.

4. "State board" means the state board of education.

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. 9. NRS 386.350 is hereby amended to read as follows:

386.350 Each board of trustees is hereby given such reasonable and

necessary powers, not conflicting with the constitution and the laws of the

State of Nevada, as may be requisite to attain the ends for which the public

welfare of school children, including the establishment and operation of

schools and classes deemed necessary and desirable.

Sec. 10. NRS 386.450 is hereby amended to read as follows:

parochial schools which may elect to join the association.

Sec. 11. NRS 386.460 is hereby amended to read as follows:

association.

Sec. 12. NRS 386.505 is hereby amended to read as follows:

schools it is not authorizing:

open an existing public school that would otherwise be closed;

or programs of home study; or

religion or ethnicity.

Sec. 12.5. NRS 386.510 is hereby amended to read as follows:

charter schools may be formed per every 75,000 pupils who are enrolled in

public schools in the county school district.

(b) In a county whose population is more than 100,000 but less than

(c) In a county whose population is less than 100,000, one charter

school may be formed.

2. The limitations set forth in subsection 1 do not apply to charter

schools that are dedicated to providing educational programs and

opportunities for pupils who are at risk.

Sec. 13. NRS 386.520 is hereby amended to read as follows:

386.520 1. A committee to form a charter school must consist of at

combination with: (a) Ten or more members of the general public;

(b) Representatives of an organization devoted to service to the general

public;

(c) Representatives of a private business; or

(d) Representatives of a college or university within the University and

Community College System of Nevada.

committee to form a charter school may submit an application to the board

of trustees of a school district, it must submit the application to the

department. The application must include all information prescribed by the

department by regulation and:

(a) A written description of how the charter school will carry out the

notice to the applicant of its approval or denial of the application. If the

department denies an application, the department shall include in the

written notice the reason for the denial and the deficiencies in the

application. The applicant must be granted 30 days after receipt of the

written notice to correct any deficiencies identified in the written notice and

resubmit the application.

Sec. 14. NRS 386.525 is hereby amended to read as follows:

386.525 1. Upon approval of an application by the department, a

committee to form a charter school may submit the application to the board

of trustees of the school district in which the proposed charter school will

notice to the applicant of its approval or denial of the application.

written notice the reasons for the denial and the deficiencies in the

application. The applicant must be granted 30 days after receipt of the

written notice to correct any deficiencies identified in the written notice and

resubmit the application.

Sec. 15. NRS 386.535 is hereby amended to read as follows:

comply with:

management; or

Sec. 16. NRS 386.545 is hereby amended to read as follows:

386.545 The department and the board of trustees of a school district

shall:

1. Upon request, provide information to the general public concerning

the formation and operation of charter schools;

2. Maintain a list available for public inspection that describes the

location of each charter school;

and to a charter school in carrying out the provisions of NRS 386.500 to

Sec. 17. NRS 386.550 is hereby amended to read as follows:

386.550 A charter school shall:

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

civil rights.

educational programs, policies for admission and employment practices.

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

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

effect in the school district in which the charter school is located.

5. Comply with the provisions of chapter 241 of NRS.

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

7. Cooperate with the board of trustees of the school district in the

administration of the achievement and proficiency examinationsadministered pursuant to NRS 389.015 and the examinations required

the pupils who are enrolled in the charter school.

achievement and proficiency of pupils in this state.

9. Provide at least the courses of instruction that are required of pupils

by statute or regulation for promotion to the next grade or graduation from

a public high school and require the pupils who are enrolled in the charter

school to take those courses of study. This subsection does not preclude a

charter school from offering, or requiring the pupils who are enrolled in the

charter school to take, other courses of study that are required by statute or

regulation.

the department. A charter school is not required to adopt a final budget

pursuant to NRS 354.598 or otherwise comply with the provisions of

chapter 354 of NRS.

Sec. 18. NRS 386.560 is hereby amended to read as follows:

with the board of trustees of the school district in which the charter school

service relating to the operation of the charter school, including, without

limitation, transportation and the provision of health services for the pupils

who are enrolled in the charter school.

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

school district in which the charter school is located. A charter school may

use school buildings owned by the school district only upon approval of the

board of trustees of the school district and during times that are not regular

Sec. 19. NRS 386.565 is hereby amended to read as follows:

1. Assign any pupil who is enrolled in a public school in the school

district or any employee who is employed in a public school in the school

district to a charter school. 2. Interfere with the operation and management of the charter school

except as authorized by the written charter, NRS 386.500 to 386.610,

regulation applicable to charter schools or its officers or employees.

Sec. 20. NRS 386.570 is hereby amended to read as follows:

must be included in the count of pupils in the school district for the

purposes of apportionments and allowances from the state distributive

any other money available from federal, state or local sources that the

school or the pupils who are enrolled in the school are eligible to receive.

board of trustees of the school district and the state board for additional

money to pay for services which the governing body wishes to offer.

3. To determine the amount of money for distribution to a charter

school in its first year of operation, the count of pupils who are enrolled in

the charter school must initially be determined 30 days before the

of pupils whose applications for enrollment have been approved by the

4. The governing body of a charter school may solicit and accept

donations, money, grants, property, loans, personal services or other

assistance for purposes relating to education from members of the general

public, corporations or agencies. The governing body may comply with

applicable federal laws and regulations governing the provision of federal

grants for charter schools.

Sec. 21. NRS 386.575 is hereby amended to read as follows:

or is declared bankrupt during a school year, the governing body of the

charter school shall make an assignment of all real property and other

property of the charter school to the State of Nevada for the repayment ofall money received by the charter school from this state for the operation of

the charter school during that year. The governing body shall make full

settlement with this state for such repayment, and the state may take any

lawful action necessary to recover the money.

Sec. 22. NRS 386.580 is hereby amended to read as follows:

to the governing body of the charter school by the parent or legal guardian

board of trustees of the school district in which the charter school is located

has established zones of attendance pursuant to NRS 388.040, the charter

school shall, if practicable, ensure that the racial composition of pupils

enrolled in the charter school does not differ by more than 10 percent from

the racial composition of pupils who attend public schools in the zone in

spaces which are available, the charter school shall determine which

applicants to enroll on the basis of a lottery system.

school shall not accept applications for enrollment in the charter school or

otherwise discriminate based on the:

(a) Race;

(b) Gender;

(c) Religion;

(d) Ethnicity; or

(e) Disability,

of a pupil.

charter school is unable to provide an appropriate special education

program and related services for a particular disability of a pupil who is

enrolled in the charter school, the governing body may request that the

board of trustees of the school district of the county in which the pupil

resides transfer that pupil to an appropriate school.

that is dedicated to provide educational services exclusively to pupils:

(a) With disabilities

; (b) Who pose such severe disciplinary problems that they warrant an

educational program specifically designed to serve a single gender and

emphasize personal responsibility and rehabilitation; or

(c) Who are at risk.

If more eligible pupils apply for enrollment in such a charter school than

the number of spaces which are available, the charter school shall

determine which applicants to enroll on the basis of a lottery system.

Sec. 23. NRS 386.590 is hereby amended to read as follows:

4. A charter school may employ such administrators for the school as it

deems necessary. A person employed as an administrator must possess:

(a) A master's degree in school administration, public administration or

business administration; or

(b) If the person has at least 5 years of experience in administration, a

baccalaureate degree.

5. A charter school shall not employ a person pursuant to this section if

his license to teach or provide other educational services has been revoked

or suspended in this state or another state.

Sec. 24. NRS 386.595 is hereby amended to read as follows:

386.595 1. Except as otherwise provided in this subsection and

bargaining agreement entered into by the board of trustees of the school

district in which the charter school is located apply to the terms and

conditions of employment of employees of the charter school. If a written

charter is renewed, the employees of the charter school may, at the time of

renewal, apply for recognition as a bargaining unit pursuant to NRS

288.160.

the board of trustees of the school district and other persons who entered

into the collective bargaining agreement grant a waiver from specific

provisions of the collective bargaining agreement for the teacher or

governing body.

employees.

employment decisions with regard to its employees pursuant to NRS

391.311 to 391.3197, inclusive, unless the applicable collective bargaining

agreement contains separate provisions relating to the discipline of licensed

employees of a school.

employees of the charter school must be reassigned to employment within

the school district in accordance with the collective bargaining agreement.

charter school shall grant a leave of absence, not to exceed 6 years, to any

employee who is employed by the board of trustees who requests such a

leave of absence to accept employment with the charter school. After the

first school year in which an employee is on a leave of absence, he may

return to his former teaching position with the board of trustees. After the

third school year, an employee who is on a leave of absence may submit a

written request to the board of trustees to return to a comparable teaching

position with the board of trustees. After the sixth school year, an employee

shall either submit a written request to return to a comparable teaching

position or resign from the position for which his leave was granted. The

board of trustees shall grant a written request to return to a comparable

position pursuant to this subsection even if the return of the employee

requires the board of trustees to reduce the existing work force of the

school district. The board of trustees may require that a request to return to

a teaching position submitted pursuant to this subsection be submitted at

least 90 days before the employee would otherwise be required to report to

duty.

district pursuant to this section shall contribute to and be eligible for all

benefits for which he would otherwise be entitled, including, without

limitation, participation in the public employees' retirement system and

accrual of time for the purposes of leave and retirement. The time during

which such an employee is on leave of absence and employed in a charter

school does not count toward the acquisition of permanent status with the

district, he is entitled to the same level of retirement, salary and any other

benefits to which he would otherwise be entitled if he had not taken a leave

of absence to teach in a charter school.

absence from a school district is eligible for all benefits for which he would

be eligible for employment in a public school, including, without limitation,

participation in the public employees' retirement system.

(a) The compensation that a teacher or other school employee would

have received if he were employed by the school district must be used to

determine the appropriate levels of contribution required of the employee

and employer for purposes of the public employees' retirement system.

(b) The compensation that is paid to a teacher or other school employee

that exceeds the compensation that he would have received if he were

employed by the school district must not be included for the purposes of

calculating future retirement benefits of the employee.

Sec. 25. NRS 386.605 is hereby amended to read as follows:

386.605 1. On or before April 15 of each year, the governing body of

NRS 385.347 to the:

(a) Governor;

(b) State board;

(c) Department;

(d) Legislative committee on education created pursuant to NRS

218.5352; and

(e) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356.

2. On or before April 15 of each year, the governing body of each

charter school shall submit the information prepared by the governing body

NRS 385.347 to the commission on educational technology created

pursuant to NRS 388.790. 3. On or before June 15 of each year, the governing body of each

charter school shall:

(a) Prepare:

(1) A separate written report summarizing the effectiveness of the

charter school's program of accountability. The report must include:

(I) A review and analysis of the data upon which the report

required pursuant to subsection 2 of NRS 385.347 is based and a review

and analysis of any data that is more recent than the data upon which the

report is based; and

(II) The identification of any problems or factors at the charter

school that are revealed by the review and analysis.

(2) A written procedure to improve the achievement of pupils who are

enrolled in the charter school, including, but not limited to, a description of

the efforts the governing body has made to correct any deficiencies

identified in the written report required pursuant to subparagraph (1). The

written procedure must describe sources of data that will be used by the

governing body to evaluate the effectiveness of the written procedure.

(b) Submit copies of the written report and written procedure required

pursuant to paragraph (a) to the:

(1) Governor;

(2) State board;

(3) Department;

(4) Legislative committee on education created pursuant to NRS

218.5352; and

(5) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356.

4. The department shall maintain a record of the information that it

receives from each charter school pursuant to this section in such a manner

as will allow the department to create for each charter school a yearly

profile of information.

5. The governing body of each charter school shall ensure that a copy

of the written report and written procedure required pursuant to paragraph

(a) of subsection 3 is included with the final budget of the charter school

6. The legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356 may authorize a person or

entity with whom it contracts pursuant to NRS 385.359 to review and

analyze information submitted by charter schools pursuant to this section,

consult with the governing bodies of charter schools and submit written

reports concerning charter schools pursuant to NRS 385.359.

Sec. 26. NRS 387.123 is hereby amended to read as follows:

387.123 1. The count of pupils for apportionment purposes includes

all pupils who are enrolled in programs of instruction of the school district

or pupils who reside in the county in which the school district is located

and are enrolled in any charter school for: (a) Pupils in the kindergarten department.

(b) Pupils in grades 1 to 12, inclusive.

(c) Pupils not included under paragraph (a) or (b) who are receiving

special education pursuant to the provisions of NRS 388.440 to 388.520,

inclusive.

(d) Children detained in detention homes, alternative programs and

juvenile forestry camps receiving instruction pursuant to the provisions of

NRS 388.550, 388.560 and 388.570.

2. The state board shall establish uniform regulations for counting

enrollment and calculating the average daily attendance of pupils. In

establishing such regulations for the public schools, the state board:

(a) Shall divide the school year into 10 school months, each containing

20 or fewer school days.

(b) May divide the pupils in grades 1 to 12, inclusive, into categories

composed respectively of those enrolled in elementary schools and those

enrolled in secondary schools.

(c) Shall prohibit the counting of any pupil specified in subsection 1

more than once.

3. Except as otherwise provided in subsection 4 and NRS 388.700, the

state board shall establish by regulation the maximum pupil-teacher ratio in

each grade, and for each subject matter wherever different subjects are

taught in separate classes, for each school district of this state which is

consistent with:

(a) The maintenance of an acceptable standard of instruction;

(b) The conditions prevailing in the school district with respect to the

number and distribution of pupils in each grade; and

(c) Methods of instruction used, which may include educational

television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is

maintaining one or more classes whose pupil-teacher ratio exceeds the

applicable maximum, and unless he finds that the board of trustees of the

school district has made every reasonable effort in good faith to comply

with the applicable standard, he shall, with the approval of the state board,

reduce the count of pupils for apportionment purposes by the percentage

which the number of pupils attending those classes is of the total number of

pupils in the district, and the state board may direct him to withhold the

quarterly apportionment entirely.

4. A charter school is not required to comply with the pupil-teacher

ratio prescribed by the state board pursuant to subsection 3. Sec. 27. NRS 387.1233 is hereby amended to read as follows:

387.1233 1. Except as otherwise provided in subsection 2, basic

support of each school district must be computed by:

(a) Multiplying the basic support guarantee per pupil established for that

school district for that school year by the sum of:

(1) Six-tenths the count of pupils enrolled in the kindergarten

(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

including, without limitation, the count of pupils who reside in the county

(3) The count of pupils not included under subparagraph (1) or (2)

who are receiving special education pursuant to the provisions of NRS

388.440 to 388.520, inclusive, on the last day of the first school month of

have not attained the age of 5 years and who are receiving special

education pursuant to subsection 1 of NRS 388.490 on that day.

(4) Six-tenths the count of pupils who have not attained the age of 5

years and who are receiving special education pursuant to subsection 1 of

(5) The count of children detained in detention homes, alternative

programs and juvenile forestry camps receiving instruction pursuant to the

provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

(b) Multiplying the number of special education program units

maintained and operated by the amount per program established for that

school year.

(c) Adding the amounts computed in paragraphs (a) and (b).

number must be used for purposes of apportioning money from the statedistributive school account to that school district or charter school pursuant

to NRS 387.124.

3. Pupils who are excused from attendance at examinations or have

completed their work in accordance with the rules of the board of trustees

must be credited with attendance during that period.

4. Pupils who are incarcerated in a facility or institution operated by

the department of prisons must not be counted for the purpose of

computing basic support pursuant to this section. The average daily

attendance for such pupils must be reported to the department of education.

5. Part-time pupils who are enrolled in courses which are approved by

the department as meeting the requirements for an adult to earn a high

school diploma must not be counted for the purpose of computing basic

support pursuant to this section. The average daily attendance for such

pupils must be reported to the department.

Sec. 28. NRS 387.124 is hereby amended to read as follows:

387.124 Except as otherwise provided in NRS 387.528:

1. On or before August 1, November 1, February 1 and May 1 of each

account in the state general fund among the several county school districts

and charter schools in amounts approximating one-fourth of their respective

yearly apportionments less any amount set aside as a reserve. The

apportionment to a school district, computed on a yearly basis, equals the

difference between the basic support and the local funds available pursuant

to NRS 387.1235, minus all the funds attributable to pupils who reside in

the county but attend a charter school. No apportionment may be made to a

school district if the amount of the local funds exceeds the amount of basic

support. The apportionment to a charter school, computed on a yearly

basis, is equal to the sum of the basic support per pupil in the county in

which the pupil resides plus the amount of local funds available per pupil

pursuant to NRS 387.1235 and all other funds available for public schools

in the county in which the pupil resides. If the apportionment per pupil to a

charter school is more than the amount to be apportioned to the school

district in which a pupil who is enrolled in the charter school resides, the

school district in which the pupil resides shall pay the difference directly to

the charter school.

the balance in the state general fund at a level sufficient to pay the otherappropriations from it, he may pay out the apportionments monthly, each

approximately one-twelfth of the yearly apportionment less any amount set

aside as a reserve. If such action is needed, the state controller shall submit

a report to the department of administration and the fiscal analysis division

of the legislative counsel bureau documenting reasons for the action.

Sec. 29. NRS 387.1243 is hereby amended to read as follows:

387.1243 1. The first apportionment based on an estimated number

of pupils and special education program units and succeeding

apportionments are subject to adjustment from time to time as the need

therefor may appear.

2. The apportionments to a school district may be adjusted during a

fiscal year by the department of education, upon approval by the board of

examiners and the interim finance committee, if the department of taxation

and the county assessor in the county in which the school district is located

certify to the department of education that the school district will not

receive the tax levied pursuant to subsection 1 of NRS 387.195 on property

of the Federal Government located within the county if:

(a) The leasehold interest, possessory interest, beneficial interest or

beneficial use of the property is subject to taxation pursuant to NRS

361.157 and 361.159 and one or more lessees or users of the property are

delinquent in paying the tax; and

(b) The total amount of tax owed but not paid for the fiscal year by any

such lessees and users is at least 5 percent of the proceeds that the school

district would have received from the tax levied pursuant to subsection 1 of

NRS 387.195.

If a lessee or user pays the tax owed after the school district's

apportionment has been increased in accordance with the provisions of this

subsection to compensate for the tax owed, the school district shall repay to

the distributive school account in the state general fund an amount equal to

the tax received from the lessee or user for the year in which the school

district received an increased apportionment, not to exceed the increase in

apportionments made to the school district pursuant to this subsection.

be computed as soon as practicable following the close of the school year,

but not later than August 25. The final computation must be based upon the

actual counts of pupils required to be made for the computation of basic

support and the limits upon the support of special education programs,

enrollment shows at least:

(a) A 3 percent gain, basic support as computed from first month

percent.

(b) A 6 percent gain, basic support as computed from first month

an additional 2 percent.

or charter school exceeds the actual amount paid to the school district or

charter school during the school year, the additional amount due must be

paid before September 1. If the final computation of apportionment for any

school district or charter school is less than the actual amount paid to the

school district or charter school during the school year, the difference must

be repaid to the state distributive school account in the state general fund

by the school district or charter school before September 25.

Sec. 30. NRS 387.185 is hereby amended to read as follows:

387.185 1. Except as otherwise provided in subsection 2 and NRS

387.528, all school money due each county school district must be paid

over by the state treasurer to the county treasurer on August 1, November

1, February 1 and May 1 of each year or as soon thereafter as the county

treasurer may apply for it, upon the warrant of the state controller drawn in

conformity with the apportionment of the superintendent of public

instruction as provided in NRS 387.124.

2. Except as otherwise provided in NRS 387.528, if the board of

trustees of a school district establishes and administers a separate account

pursuant to the provisions of NRS 354.603, all school money due that

school district must be paid over by the state treasurer to the school district

on August 1, November 1, February 1 and May 1 of each year or as soon

thereafter as the school district may apply for it, upon the warrant of the

state controller drawn in conformity with the apportionment of the

superintendent of public instruction as provided in NRS 387.124.

3. No county school district may receive any portion of the public

school money unless that school district has complied with the provisions

of this Title and regulations adopted pursuant thereto.

money due each charter school must be paid over by the state treasurer to

the governing body of the charter school on August 1, November 1,

February 1 and May 1 of each year or as soon thereafter as the governing

body may apply for it, upon the warrant of the state controller drawn in

conformity with the apportionment of the superintendent of public

Sec. 31. NRS 388.020 is hereby amended to read as follows:

to the regularly adopted state course of study.

2. A junior high or middle school is a public school in which the sixth,

seventh, eighth and ninth grades are taught under a course of study

prescribed and approved by the state board. The school is an elementary or

3. A high school is a public school in which subjects above the eighth

grade, according to the state course of study, may be taught. The school is a

4. A special school is an organized unit of instruction operating with

approval of the state board.

5. A charter school is a public school that is formed pursuant to the

Sec. 32. NRS 388.367 is hereby amended to read as follows:

388.367 1. There is hereby created in the state treasury the fund for

the school to careers program to be administered by the state board. The

superintendent may accept gifts and grants of money from any source for

deposit in the fund. All legislative appropriations, gifts and grants made to

the fund become a part of the principal of the fund which may be reduced

only by specific legislative action. The interest and income earned on the

money in the fund, after deducting any applicable charges, must be credited

to the fund.

2. Money in the fund must be used for the program to provide pupils

with the skills to make the transition from school to careers adopted

pursuant to NRS 388.368.

3. Money in the fund must not be:

(a) Considered in negotiations between a recognized organization of

employees of a school district and the school district; or

(b) Used to reduce the amount of money which would otherwise be

made available for occupational education in the absence of this section.

4. The state board shall establish annually, within the limits of money

available in the fund, a basic allocation of:

(a) Twenty-five thousand dollars to each school district and each

university and community college within the University and Community

College System of Nevada whose application to participate in the program

adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of

that section. (b) Not more than $25,000 to each charter school whose application to

participate in the program adopted pursuant to NRS 388.368 is approved

pursuant to subsection 5 of that section.

5. Any money remaining after the allocations made pursuant to

subsection 4 must be allocated to:

(a) School districts with approved applications in proportion to the total

number of pupils enrolled in grades 7 to 12, inclusive, within the district on

(b) Charter schools with approved applications in proportion to the total

number of pupils enrolled in grades 7 to 12, inclusive, within the charter

school year for which the money is being provided; and

(c) Community colleges with approved applications in proportion to the

total number of full-time students enrolled on October 15 of the school year

preceding the school year for which the money is being provided.

Sec. 33. (Deleted by amendment.)

Sec. 34. NRS 388.700 is hereby amended to read as follows:

each school district of pupils per class in kindergarten and grades 1, 2 and 3

per licensed teacher designated to teach those classes full time must not

exceed 15 to 1 in classes where core curriculum is taught. In determining

this ratio, all licensed educational personnel who teach kindergarten or

grade 1, 2 or 3 must be counted except teachers of art, music, physical

education or special education, counselors, librarians, administrators, deans

and specialists.

2. A school district may, within the limits of any plan adopted pursuant

to NRS 388.720, assign a pupil whose enrollment in a grade occurs after

the last day of the first month of the school year to any existing class

regardless of the number of pupils in the class.

3. The state board may grant to a school district a variance from the

limitation on the number of pupils per class set forth in subsection 1 for

good cause, including the lack of available financial support specifically set

aside for the reduction of pupil-teacher ratios.

4. The state board shall, on or before February 1 of each

odd-numbered year, report to the legislature on:

(a) Each variance granted by it during the preceding biennium, including

the specific justification for the variance.

(b) The data reported to it by the various school districts pursuant to

subsection 2 of NRS 388.710, including an explanation of that data, and the

current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.

5. The department shall, on or before November 15 of each year,

report to the chief of the budget division of the department ofadministration and the fiscal analysis division of the legislative counsel

bureau:

(a) The number of teachers employed;

(b) The number of teachers employed in order to attain the ratio

required by subsection 1;

(c) The number of pupils enrolled; and

(d) The number of teachers assigned to teach in the same classroom with

another teacher or in any other arrangement other than one teacher assigned

to one classroom of pupils,

during the current school year in kindergarten and grades 1, 2 and 3 for

each school district.

Secs. 35 and 36. (Deleted by amendment.)

Sec. 37. NRS 389.160 is hereby amended to read as follows:

who successfully completes a course of education offered by a community

college or university in this state which has been approved pursuant to

subsection 2, must be allowed to apply the credit received for the course so

completed to the total number of credits required for graduation from high

2. With the approval of the state board, the board of trustees of each

prescribe the courses for which credits may be received pursuant to

subsection 1, including occupational courses for academic credit, and the

amount of credit allowed for the completion of those courses.

Sec. 38. NRS 391.060 is hereby amended to read as follows:

391.060 1. Except as otherwise provided in NRS 391.070, it is

unlawful for:

(a) The superintendent of public instruction to issue a license to, or a

schools who is not a citizen of the United States or a person who has filed a

valid declaration to become a citizen or valid petition for naturalization, or

who is not a lawful permanent resident of the United States.

(b) The state controller or any county auditor to issue any warrant to any

teacher, instructor, principal or superintendent of schools who is not a

citizen of the United States or a person who has filed a valid declaration to

become a citizen or valid petition for naturalization, or who is not a lawful

permanent resident of the United States.

2. Any person who violates any of the provisions of this section is

guilty of a misdemeanor.

Sec. 39. NRS 391.070 is hereby amended to read as follows:

exchange programs authorized by laws of the Congress of the United

States.

Sec. 40. NRS 391.200 is hereby amended to read as follows:

determined by the contracts between the teachers and other licensed

are prior claims upon the school district fund.

Sec. 41. NRS 391.230 is hereby amended to read as follows:

licensed employee employed for that school shall file with the

superintendent of the county school district a Nevada license entitling the

holder to teach or perform other educational functions in the school in

which he will be employed, and any other report that the superintendent of

public instruction requires.

2. The superintendent of the county school district shall acknowledge

the receipt of each license and shall make a proper record thereof in his

office. The license must remain on file and be safely kept in the office of

the superintendent of the county school district.

Sec. 42. NRS 391.240 is hereby amended to read as follows:

public schools shall keep a true, full and correct register of all pupils

attending such school as required by the board of trustees of the school

district in accordance with the regulations prescribed by the superintendent

of public instruction.

Sec. 43. NRS 391.273 is hereby amended to read as follows:

personnel of a school district must be directly supervised by licensed

personnel in all duties which are instructional in nature. To the extent

practicable, the direct supervision must be such that the unlicensed

personnel are in the immediate location of the licensed personnel and are

readily available during such times when supervision is required.

2. Unlicensed personnel who are exempted pursuant to subsection 4

must be under administrative supervision when performing duties which are

instructional in nature. 3. Unlicensed personnel may temporarily perform duties under

administrative supervision which are not primarily instructional in nature.

4. Upon application by a superintendent of schools, the superintendent

of public instruction may grant an exemption from the provisions of

subsection 1. The superintendent shall not grant an exemption unless:

(a) The duties are within the employee's special expertise or training;

(b) The duties relate to the humanities or an elective course of study, or

are supplemental to the basic curriculum of a school;

(c) The performance of the duties does not result in the replacement of a

licensed employee or prevent the employment of a licensed person willing

to perform those duties;

(d) The secondary or combined school in which the duties will be

performed has less than 100 pupils enrolled and is at least 30 miles from a

school in which the duties are performed by licensed personnel; and

(e) The unlicensed employee submits his fingerprints for an

investigation pursuant to NRS 391.033.

5. The superintendent of public instruction shall file a record of all

exempt personnel with the clerk of the board of trustees of each local

must contain:

(a) The name of the exempt employee;

(b) The specific instructional duties he may perform;

(c) Any terms or conditions of the exemption deemed appropriate by the

superintendent of public instruction; and

(d) The date the exemption expires or a statement that the exemption is

valid as long as the employee remains in the same position at the same

school.

6. The superintendent of public instruction may adopt regulations

prescribing the procedure to apply for an exemption pursuant to this section

and the criteria for the granting of such exemptions.

7. Except in an emergency, it is unlawful for the board of trustees of a

school district to allow a person employed as a teacher's aide to serve as a

teacher unless the person is a legally qualified teacher licensed by the

superintendent of public instruction. As used in this subsection,

"emergency" means an unforeseen circumstance which requires immediate

action and includes the fact that a licensed teacher or substitute teacher is

not immediately available.

8. If the superintendent of public instruction determines that the board

of trustees of a school district has violated the provisions of subsection 7,

he shall take such actions as are necessary to reduce the amount of money

received by the district pursuant to NRS 387.124 by an amount equal to the

product when the following numbers are multiplied together:

(a) The number of days on which the violation occurred;

(b) The number of pupils in the classroom taught by the teacher's aide;

and (c) The number of dollars of basic support apportioned to the district per

pupil per day pursuant to NRS 387.1233.

Sec. 44. NRS 392.035 is hereby amended to read as follows:

392.035 1. In determining the mobility of pupils in a school, for any

purpose, the department shall divide the sum of the following numbers by

the cumulative enrollment in the school:

(a) The number of late entries or transfers into a school from another

school, school district or state, after the beginning of the school year;

(b) The number of pupils reentering the school after having withdrawn

from the same school; and

(c) The number of pupils who withdraw for any reason or who are

dropped for nonattendance.

2. To determine the cumulative enrollment of the school pursuant to

subsection 1, the department shall add the total number of pupils enrolled

in programs of instruction in the school who are included in the count for

paragraphs (a) and (b) of subsection 1.

3. The department shall develop and distribute to the county school

districts a form upon which the information necessary to the formula may

be submitted by the individual schools.

Sec. 45. NRS 392.070 is hereby amended to read as follows:

the board of trustees of the school district in which the child resides that the

child is receiving at home or in some other school equivalent instruction of

Sec. 46. NRS 392.466 is hereby amended to read as follows:

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

who commits a battery which results in the bodily injury of an employee of

the school, sells or distributes any controlled substance or is found in

possession of a dangerous weapon, while on the premises of any public

school, at an activity sponsored by a public school or on any school bus

must, for the first occurrence, be suspended or expelled from that school,

although he may be placed in another kind of school, for at least a period

equal to one semester for that school. For a second occurrence, the pupil

must:

(a) Be permanently expelled from that school; and

(b) Receive equivalent instruction authorized by the state board pursuant

in possession of a firearm while on the premises of any public school, at an

activity sponsored by a public school or on any school bus must, for the

first occurrence, be expelled from the school for a period of not less than 1

year, although he may be placed in another kind of school for a period not

to exceed the period of the expulsion. For a second occurrence, the pupil

must:

(a) Be permanently expelled from the school; and

(b) Receive equivalent instruction authorized by the state board pursuant

The superintendent of schools of a school district may, in a particular case

in that school district, allow an exception to the expulsion requirement of

this subsection.

3. Except as otherwise provided in this section, if a pupil is deemed a

habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be

suspended or expelled from the school for a period equal to at least one

semester for that school. For the period of his suspension or expulsion, the

pupil must receive equivalent instruction authorized by the state board

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

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

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

regulations adopted by the board of trustees of the school district.

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

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

suspended from school or permanently expelled from school pursuant to

this section only after the board of trustees of the school district has

reviewed the circumstances and approved this action in accordance with the

procedural policy adopted by the board for such issues.

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

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

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

trustees of the school district for such matters, be:

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

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

each occurrence of conduct proscribed by subsection 1.

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

expelled from school pursuant to this section only after the board of

trustees of the school district has reviewed the circumstances and

determined that the action is in compliance with the Individuals with

Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

7. As used in this section:

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

subsection 1 of NRS 200.481.

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

shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

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

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

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

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

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

definition of a "firearm" in 18 U.S.C. § 921, as that section existed on

July 1, 1995.

Sec. 47. NRS 393.010 is hereby amended to read as follows:

393.010 The board of trustees of a school district shall:

2. Have the custody and safekeeping of the district schoolhouses, their

sites and appurtenances.

Sec. 48. NRS 394.103 is hereby amended to read as follows:

394.103 "Private schools" means private elementary and secondary

educational institutions. The term does not include a home in which

Sec. 49. NRS 41.0305 is hereby amended to read as follows:

41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term

"political subdivision" includes an organization that was officially

designated as a community action agency pursuant to 42 U.S.C. § 2790

before that section was repealed and is included in the definition of an

"eligible entity" pursuant to 42 U.S.C. § 9902, the Nevada rural housing

authority, an airport authority created by special act of the legislature, a

regional transportation commission and a fire protection district, irrigation

special district that performs a governmental function, even though it does

not exercise general governmental powers.

Sec. 50. NRS 41.0307 is hereby amended to read as follows:

41.0307 As used in NRS 41.0305 to 41.039, inclusive:

or a political subdivision of the state which is created by law.

2. "Employment" includes any services performed by an immune

contractor.

3. "Immune contractor" means any natural person, professional

corporation or professional association which:

(a) Is an independent contractor with the state pursuant to NRS 284.173;

and

(b) Contracts to provide medical services for the department of

prisons.

As used in this subsection, "professional corporation" and "professional

(a) A member of a part-time or full-time board, commission or similar

body of the state or a political subdivision of the state which is created by

law.

(b) A public defender and any deputy or assistant attorney of a public

defender or an attorney appointed to defend a person for a limited duration

with limited jurisdiction.

(c) A district attorney and any deputy or assistant district attorney or an

attorney appointed to prosecute a person for a limited duration with limited

jurisdiction.

Sec. 51. NRS 286.070 is hereby amended to read as follows:

286.070 1. "Public employer" means the state, one of its agencies or

one of its political subdivisions, the system, irrigation districts created

under the laws of the State of Nevada, a nonprofit corporation to which a

public hospital has been conveyed or leased pursuant to NRS 450.500, a

public or quasi-public organization or agency that is funded, at least in part,

pursuant to the laws of the State of Nevada.

2. State agencies are those agencies subject to state control and

supervision, including those whose employees are governed by chapter 284

of NRS, unless specifically exempted therefrom, and those which deposit

money with the state treasurer.

Sec. 52. NRS 332.185 is hereby amended to read as follows:

334.070, all sales or leases of personal property of the local government

must be made, as nearly as possible, under the same conditions and

limitations as required by this chapter in the purchase of personal property;

but the governing body or its authorized representative may sell any such

personal property at public auction if it deems such a sale desirable and in

the best interests of the local government.

lease or transfer of real property by the governing body.

Sec. 53. NRS 463.385 is hereby amended to read as follows:

463.385 1. In addition to any other license fees and taxes imposed by

this chapter, there is hereby imposed upon each slot machine operated in

this state an annual excise tax of $250. If a slot machine is replaced byanother, the replacement is not considered a different slot machine for the

purpose of imposing this tax.

2. The commission shall:

(a) Collect the tax annually on or before June 30, as a condition

precedent to the issuance of a state gaming license to operate any slot

machine for the ensuing fiscal year beginning July 1, from a licensee whose

operation is continuing.

(b) Collect the tax in advance from a licensee who begins operation or

puts additional slot machines into play during the fiscal year, prorated

monthly after July 31.

(c) Include the proceeds of the tax in its reports of state gaming taxes

collected.

3. Any other person, including, without limitation, an operator of an

inter-casino linked system, who is authorized to receive a share of the

revenue from any slot machine that is operated on the premises of a

licensee is liable to the licensee for that person's proportionate share of the

license fees paid by the licensee pursuant to this section and shall remit or

credit the full proportionate share to the licensee on or before the dates set

forth in subsection 2. A licensee is not liable to any other person authorized

to receive a share of the licensee's revenue from any slot machine that is

operated on the premises of a licensee for that person's proportionate share

of the license fees to be remitted or credited to the licensee by that person

pursuant to this section.

treasurer to be deposited to the credit of the state distributive school

account in the state general fund, and the capital construction fund for

higher education and the special capital construction fund for higher

education, which are hereby created in the state treasury as special revenue

funds, in the amounts and to be expended only for the purposes specified in

this section.

5. During each fiscal year the state treasurer shall deposit the tax paid

over to him by the commission as follows:

(a) The first $5,000,000 of the tax in the capital construction fund for

higher education;

(b) Twenty percent of the tax in the special capital construction fund for

higher education; and

(c) The remainder of the tax in the state distributive school account in

the state general fund.

6. There is hereby appropriated from the balance in the special capital

construction fund for higher education on July 31 of each year the amount

necessary to pay the principal and interest due in that fiscal year on the

bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979,

as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the

bonds authorized to be issued by section 2 of chapter 643, Statutes of

Nevada 1987, at page 1503, the bonds authorized to be issued by section 2

1991, at page 2382, and the bonds authorized to be issued by section 2 of

chapter 629, Statutes of Nevada 1997, at page 3106. If in any year the

balance in that fund is not sufficient for this purpose, the remainder

necessary is hereby appropriated on July 31 from the capital construction

fund for higher education. The balance remaining unappropriated in the

capital construction fund for higher education on August 1 of each year and

all amounts received thereafter during the fiscal year must be transferred to

the state general fund for the support of higher education. If bonds

described in this subsection are refunded and if the amount required to pay

the principal of and interest on the refunding bonds in any fiscal year

during the term of the bonds is less than the amount that would have been

required in the same fiscal year to pay the principal of and the interest on

the original bonds if they had not been refunded, there is appropriated to

the University and Community College System of Nevada an amount

sufficient to pay the principal of and interest on the original bonds, as if

they had not been refunded. The amount required to pay the principal of

and interest on the refunding bonds must be used for that purpose from the

amount appropriated. The amount equal to the saving realized in that fiscal

year from the refunding must be used by the University and Community

College System of Nevada to defray, in whole or in part, the expenses of

operation and maintenance of the facilities acquired in part with the

proceeds of the original bonds.

7. After the requirements of subsection 6 have been met for each fiscal

year, when specific projects are authorized by the legislature, money in the

capital construction fund for higher education and the special capital

construction fund for higher education must be transferred by the state

controller and the state treasurer to the state public works board for the

construction of capital improvement projects for the University and

Community College System of Nevada, including, but not limited to,

capital improvement projects for the community colleges of the University

and Community College System of Nevada. As used in this subsection,

"construction" includes, but is not limited to, planning, designing, acquiring

and developing a site, construction, reconstruction, furnishing, equipping,

replacing, repairing, rehabilitating, expanding and remodeling. Any money

remaining in either fund at the end of a fiscal year does not revert to the

state general fund but remains in those funds for authorized expenditure.

8. The money deposited in the state distributive school account in the

state general fund under this section must be apportioned as provided in

state at the times and in the manner provided by law.

9. The board of regents of the University of Nevada may use any

money in the capital construction fund for higher education and the special

capital construction fund for higher education for the payment of interest

and amortization of principal on bonds and other securities, whether issuedbefore, on or after July 1, 1979, to defray in whole or in part the costs of

any capital project authorized by the legislature.

Sec. 54. Section 8 of Senate Bill No. 341 of this session is hereby

amended to read as follows:

Sec. 55. NRS 386.510 is hereby repealed.

Sec. 56. 1. There is hereby appropriated from the state general fund

to the department of education for disbursement to the Andre Agassi

Foundation the sum of $600,000 for the expansion of the Andre Agassi

Boys and Girls Club Education Center in Southern Nevada.

2. The superintendent of public instruction shall disburse the

appropriation made by subsection 1 to the Andre Agassi Foundation only if

the superintendent and the chief of the budget division of the department of

administration determine that the Andre Agassi Foundation has received

money from the Federal Government in an amount sufficient to assist the

foundation in the expansion of the Andre Agassi Boys and Girls Club

Education Center in Southern Nevada.

3. Any remaining balance of the appropriation made by subsection 1

must not be committed for expenditure after June 30, 2001, and reverts to

the state general fund as soon as all payments of money committed have

been made.

Sec. 57. 1. There is hereby appropriated from the state general fund

to the department of education:

2. The money appropriated by subsection 1 must be used for:

(a) The travel and operating expenses of the three members of the state

board of education who are appointed to the subcommittee on charter

schools created pursuant to section 3 of this act;

(b) A half-time education consultant; and

(c) A quarter-time Management Assistant I to assist the consultant and

the subcommittee with work relating to charter schools.

3. Any balance of the sums appropriated by subsection 1 remaining at

the end of the respective fiscal years must not be committed for expenditure

after June 30 of the respective fiscal years and reverts to the state general

fund as soon as all payments of money committed have been made.

Sec. 58. (Deleted by amendment.)

Sec. 59. 1. Notwithstanding the amendatory provisions of this act,

the board of trustees of a school district that has entered into a written

charter with a charter school before July 1, 1999, shall continue to sponsor

the charter school. The governing body of a charter school may submit a

written request for an amendment of the written charter of the charter

school in accordance with the amendatory provisions of this act. If the

proposed amendment complies with NRS 386.500 to 386.610 inclusive,

and sections 3 to 8, inclusive, of this act and any other statute or regulation

applicable to charter schools, the sponsor of the charter school shall amend

the written charter in accordance with the proposed amendment.

2. A charter school that has entered into a written charter with the

board of trustees of a school district before July 1, 1999, may, upon the

expiration of its written charter, apply for renewal of the charter to the

board of trustees of the school district in accordance with the amendatory

provisions of this act.

Sec. 60. 1. This section and sections 56 and 57 of this act become

effective upon passage and approval.

2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24, inclusive,

26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of this act become

effective on July 1, 1999.

3. Sections 17, 25 and 46 of this act become effective at 12:01 a.m. on

July 1, 1999.

4. Section 12.5 of this act becomes effective on July 1, 2001.

5. Section 55 of this act becomes effective on July 1, 2003.

~