Assembly Bill No. 413–Assemblymen Brower and Gibbons

March 8, 1999

____________

Referred to Committee on Education

 

SUMMARY—Authorizes pilot program for formation of community school boards. (BDR 34-1275)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

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; providing a pilot program for the formation of community school boards for public schools within the jurisdiction of the Nevada Tahoe regional planning agency; prescribing the manner of election and term of office for members of a community school board; transferring certain duties from the board of trustees of a school district to a community school board; providing a penalty; 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. NRS 385.005 is hereby amended to read as follows:

1-2 385.005 1. The legislature reaffirms its intent that public education

1-3 in the State of Nevada is essentially a matter for local control by local

1-4 school districts. The provisions of this Title are intended to reserve to the

1-5 boards of trustees of local school districts and, where specified, the

1-6 community school boards within this state such rights and powers as are

1-7 necessary to maintain control of the education of the children within their

1-8 respective districts [.] and jurisdiction. These rights and powers [may only

1-9 be] are limited only by other specific provisions of law.

1-10 2. The responsibility of establishing a statewide policy of integration

1-11 or desegregation of public schools is reserved to the legislature. The

1-12 responsibility for establishing a local policy of integration or desegregation

1-13 of public schools consistent with the statewide policy established by the

1-14 legislature is delegated to the respective boards of trustees of local school

1-15 districts and to the governing body of each charter school.

2-1 3. The state board shall, and each board of trustees of a local school

2-2 district, a community school board, the governing body of each charter

2-3 school and any other school officer may, advise the legislature at each

2-4 regular session of any recommended legislative action to ensure high

2-5 standards of equality of educational opportunity for all children in the State

2-6 of Nevada.

2-7 Sec. 2. NRS 385.007 is hereby amended to read as follows:

2-8 385.007 As used in this Title, unless the context otherwise requires:

2-9 1. "Board of trustees of a school district" means the board of trustees

2-10 of a county school district who are elected pursuant to the provisions of

2-11 NRS 386.160 to 386.225, inclusive.

2-12 2. "Charter school" means a public school that is formed pursuant to

2-13 the provisions of NRS 386.500 to 386.610, inclusive.

2-14 [2.] 3. "Community school board" means a board that is formed

2-15 pursuant to the provisions of sections 15 to 18, inclusive, of this act

2-16 whose members are elected or appointed pursuant to the provisions of

2-17 sections 18 and 20 to 23, inclusive, of this act.

2-18 4. "Department" means the department of education.

2-19 [3.] 5. "Public schools" means all kindergartens and elementary

2-20 schools, junior high schools and middle schools, high schools, charter

2-21 schools and any other schools, classes and educational programs which

2-22 receive their support through public taxation and, except for charter

2-23 schools, whose textbooks and courses of study are under the control of the

2-24 state board.

2-25 [4.] 6. "State board" means the state board of education.

2-26 Sec. 3. NRS 385.110 is hereby amended to read as follows:

2-27 385.110 1. Except as otherwise provided in subsections 2 and 3 [,]

2-28 and section 28 of this act, the state board shall prescribe and cause to be

2-29 enforced the courses of study for the public schools of this state.

2-30 2. For those courses of study prescribed by the state board:

2-31 (a) High schools may have modified courses of study, subject to the

2-32 approval of the state board; and

2-33 (b) Any high school offering courses normally accredited as being

2-34 beyond the level of the 12th grade shall, before offering such courses, have

2-35 them approved by the state board.

2-36 3. A charter school is not required to offer the courses of study

2-37 prescribed by the state board except for those courses of study which are

2-38 required for promotion to the next grade or graduation from high school.

2-39 Sec. 4. NRS 385.210 is hereby amended to read as follows:

2-40 385.210 1. The superintendent of public instruction shall prescribe a

2-41 convenient form of school register for the purpose of securing accurate

2-42 returns from the teachers of public schools.

3-1 2. The superintendent shall prepare pamphlet copies of the school law,

3-2 and shall transmit a copy to each school, school trustee, member of a

3-3 community school board and other school officer in the state. When

3-4 additions or amendments are made to the school law, he shall have them

3-5 printed and transmitted immediately thereafter. Each pamphlet [shall] must

3-6 be marked "State property—to be turned over to your successor in office."

3-7 3. The superintendent shall, if directed by the state board, prepare and

3-8 publish a bulletin as the official publication of the department.

3-9 Sec. 5. NRS 385.347 is hereby amended to read as follows:

3-10 385.347 1. The board of trustees of each school district in this state,

3-11 in cooperation with associations recognized by the state board as

3-12 representing licensed personnel in education in the district, shall adopt a

3-13 program providing for the accountability of the school district to the

3-14 residents of the district and to the state board for the quality of the schools

3-15 and the educational achievement of the pupils in the district, including,

3-16 without limitation, pupils who are enrolled in schools that are within the

3-17 jurisdiction of a community school board in the district and pupils

3-18 enrolled in charter schools in the school district.

3-19 2. The board of trustees of each school district shall, on or before

3-20 March 31 of each year, report to the residents of the district concerning:

3-21 (a) The educational goals and objectives of the school district.

3-22 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

3-23 district and the district as a whole, including, without limitation, each

3-24 charter school in the district [.] and each school that is within the

3-25 jurisdiction of a community school board in the district. Unless otherwise

3-26 directed by the department, the board of trustees of the district shall base

3-27 its report on the results of the examinations administered pursuant to NRS

3-28 389.015 and shall compare the results of those examinations for the current

3-29 school year with those of previous school years. The report must include,

3-30 for each school in the district, including, without limitation, each school

3-31 that is within the jurisdiction of a community school board in the district

3-32 and each charter school in the district, and each grade in which the

3-33 examinations were administered:

3-34 (1) The number of pupils who took the examinations;

3-35 (2) An explanation of instances in which a school was exempt from

3-36 administering or a pupil was exempt from taking an examination; and

3-37 (3) A record of attendance for the period in which the examinations

3-38 were administered, including an explanation of any difference in the

3-39 number of pupils who took the examinations and the number of pupils in

3-40 attendance in that period.

3-41 In addition, the board of trustees of the school district shall also report the

3-42 results of other examinations of pupil achievement administered to pupils

3-43 in the school district in grades other than 4, 8, 10 and 11. The results of

4-1 these examinations for the current school year must be compared with

4-2 those of previous school years.

4-3 (c) The ratio of pupils to teachers in kindergarten and at each grade

4-4 level for each elementary school in the district and the district as a whole,

4-5 including, without limitation, each charter school in the district [,] and

4-6 each school that is within the jurisdiction of a community school board

4-7 in the district, the average class size for each required course of study for

4-8 each secondary school in the district and the district as a whole, including,

4-9 without limitation, each charter school in the district [,] and each school

4-10 that is within the jurisdiction of a community school board in the district,

4-11 and other data concerning licensed and unlicensed employees of the school

4-12 district.

4-13 (d) A comparison of the types of classes that each teacher has been

4-14 assigned to teach with the qualifications and licensure of the teacher, for

4-15 each school in the district and the district as a whole, including, without

4-16 limitation, each charter school in the district [.] and each school that is

4-17 within the jurisdiction of a community school board in the district.

4-18 (e) The total expenditure per pupil for each school in the district and the

4-19 district as a whole, including, without limitation, each charter school in the

4-20 district [.] and each school that is within the jurisdiction of a community

4-21 school board in the district.

4-22 (f) The curriculum used by the school district, including:

4-23 (1) Any special programs for pupils at an individual school;

4-24 (2) The curriculum used by each school that is within the

4-25 jurisdiction of a community school board in the district; and

4-26 [(2)] (3) The curriculum used by each charter school in the district.

4-27 (g) The annual rate of the attendance and truancy of pupils in all grades,

4-28 including, without limitation, the average daily attendance of pupils, for

4-29 each school in the district and the district as a whole, including, without

4-30 limitation, each charter school in the district [.] and each school that is

4-31 within the jurisdiction of a community school board in the district.

4-32 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

4-33 inclusive, for each such grade, for each school in the district and for the

4-34 district as a whole [.] , including, without limitation, each school that is

4-35 within the jurisdiction of a community school board in the district.

4-36 (i) Records of attendance of teachers who provide instruction, for each

4-37 school in the district and the district as a whole, including, without

4-38 limitation, each school that is within the jurisdiction of a community

4-39 school board in the district and each charter school in the district.

4-40 (j) Efforts made by the school district and by each school in the district,

4-41 including, without limitation, each charter school in the district [,] and

4-42 each school that is within the jurisdiction of a community school board

4-43 in the district, to increase:

5-1 (1) Communication with the parents of pupils in the district; and

5-2 (2) The participation of parents in the educational process and

5-3 activities relating to the school district and each school, including, without

5-4 limitation, the existence of parent organizations and school advisory

5-5 committees.

5-6 (k) Records of incidents involving weapons or violence for each school

5-7 in the district, including, without limitation, each charter school in the

5-8 district [.] and each school that is within the jurisdiction of a community

5-9 school board in the district.

5-10 (l) Records of incidents involving the use or possession of alcoholic

5-11 beverages or controlled substances for each school in the district,

5-12 including, without limitation, each charter school in the district [.] and

5-13 each school that is within the jurisdiction of a community school board

5-14 in the district.

5-15 (m) Records of the suspension and expulsion of pupils required or

5-16 authorized pursuant to NRS 392.466 and 392.467.

5-17 (n) The transiency rate of pupils for each school in the district and the

5-18 district as a whole, including, without limitation, each charter school in the

5-19 district [.] and each school that is within the jurisdiction of a community

5-20 school board in the district.

5-21 (o) Each source of funding for the school district.

5-22 (p) For each high school in the district, including, without limitation,

5-23 each school that is within the jurisdiction of a community school board

5-24 in the district and each charter school in the district, the percentage of

5-25 pupils who graduated from that high school or charter school in the

5-26 immediately preceding year and enrolled in remedial courses in reading,

5-27 writing or mathematics at a university or community college within the

5-28 University and Community College System of Nevada.

5-29 (q) The technological facilities and equipment available at each school,

5-30 including, without limitation, each charter school [,] and each school that

5-31 is within the jurisdiction of a community school board in the district, and

5-32 the district’s plan to incorporate educational technology at each school.

5-33 (r) Such other information as is directed by the superintendent of public

5-34 instruction.

5-35 3. The superintendent of public instruction shall:

5-36 (a) Prescribe forms for the reports required pursuant to subsection 2 and

5-37 provide the forms to the respective school districts.

5-38 (b) Provide statistical information and technical assistance to the school

5-39 districts to ensure that the reports provide comparable information with

5-40 respect to each school in each district and among the districts.

5-41 (c) Consult with a representative of the:

5-42 (1) Nevada State Education Association;

5-43 (2) Nevada Association of School Boards;

6-1 (3) Nevada Association of School Administrators;

6-2 (4) Nevada Parent Teachers Association;

6-3 (5) Budget division of the department of administration; and

6-4 (6) Legislative counsel bureau,

6-5 concerning the program and consider any advice or recommendations

6-6 submitted by the representatives with respect to the program.

6-7 4. On or before April 15 of each year, the board of trustees of each

6-8 school district shall submit to the advisory board to review school

6-9 attendance created in the county pursuant to NRS 392.126 the information

6-10 required in paragraph (g) of subsection 2.

6-11 5. On or before February 15 of each year, each community school

6-12 board shall submit to the board of trustees of the school district in which

6-13 the community school board is located, the information required of the

6-14 community school board pursuant to paragraphs (a) to (r), inclusive, of

6-15 subsection 2.

6-16 Sec. 6. NRS 385.363 is hereby amended to read as follows:

6-17 385.363 The department shall, on or before December 15 of each year:

6-18 1. Evaluate the information submitted by each school district pursuant

6-19 to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and

6-20 2. Based upon its evaluation and in accordance with the criteria set

6-21 forth in NRS 385.365 and 385.367, designate each public school within

6-22 each school district , including, without limitation, each school that is

6-23 within the jurisdiction of a community school board in the district as:

6-24 (a) Demonstrating high achievement;

6-25 (b) Demonstrating adequate achievement; or

6-26 (c) Demonstrating inadequate achievement.

6-27 Sec. 7. NRS 385.369 is hereby amended to read as follows:

6-28 385.369 As soon as practicable after the department makes a

6-29 designation pursuant to NRS 385.363, the department shall provide written

6-30 notice of the designation to the principal of the particular school. In

6-31 addition, the department shall provide written notice of each such

6-32 designation as follows:

6-33 1. Designations for all [of] the schools of this state to the:

6-34 (a) Governor;

6-35 (b) Committee;

6-36 (c) Bureau; and

6-37 (d) State board.

6-38 2. Designations for all [of] the schools within a school district to the:

6-39 (a) Superintendent of schools of the school district; and

6-40 (b) Board of trustees of the school district.

6-41 3. Designations for all the schools within the jurisdiction of a

6-42 community school board to the community school board.

7-1 Each notice that the department provides pursuant to this section must

7-2 include, for each school that the department designates as demonstrating

7-3 inadequate achievement, the number of consecutive years, if any, in which

7-4 the school has received that designation.

7-5 Sec. 8. NRS 385.371 is hereby amended to read as follows:

7-6 385.371 If the department designates a school as demonstrating

7-7 inadequate achievement pursuant to NRS 385.367 and the provisions of

7-8 NRS 385.373 and 385.375 do not apply, the board of trustees of the school

7-9 district in which the school is located or, if the school is within the

7-10 jurisdiction of a community school board, the community school board,

7-11 shall:

7-12 1. Prepare for that school a plan to improve the achievement of the

7-13 school’s pupils as measured by the examinations required pursuant to NRS

7-14 389.015.

7-15 2. On or before February 15 of the year immediately succeeding the

7-16 year in which the designation was made, submit the plan to the:

7-17 (a) Governor;

7-18 (b) Department;

7-19 (c) Committee; and

7-20 (d) Bureau.

7-21 Sec. 9. NRS 385.373 is hereby amended to read as follows:

7-22 385.373 If the department designates a school as demonstrating

7-23 inadequate achievement pursuant to NRS 385.367 for 2 consecutive years,

7-24 the department shall:

7-25 1. Place the school on academic probation.

7-26 2. Prepare for that school a plan to improve the achievement of the

7-27 pupils who are enrolled in the school as measured by the examinations

7-28 required pursuant to NRS 389.015.

7-29 3. On or before February 15 of the year immediately succeeding the

7-30 year in which the second designation was made, submit the plan to the:

7-31 (a) Board of trustees of the school district in which the school is located

7-32 [;] and if the school is located within the jurisdiction of a community

7-33 school board, to the community school board;

7-34 (b) Governor;

7-35 (c) State board;

7-36 (d) Committee; and

7-37 (e) Bureau.

7-38 Sec. 10. NRS 385.375 is hereby amended to read as follows:

7-39 385.375 If the department designates a school as demonstrating

7-40 inadequate achievement pursuant to NRS 385.367 for 3 or more

7-41 consecutive years:

7-42 1. The department shall:

7-43 (a) Continue the academic probation of the school;

8-1 (b) Prepare for that school a plan to improve the achievement of the

8-2 school’s pupils as measured by the examinations required pursuant to NRS

8-3 389.015; and

8-4 (c) Submit the plan to the:

8-5 (1) Board of trustees of the school district in which the school is

8-6 located [;] and if the school is located within the jurisdiction of a

8-7 community school board, the community school board;

8-8 (2) Governor;

8-9 (3) State board;

8-10 (4) Committee; and

8-11 (5) Bureau.

8-12 A plan prepared and submitted by the department pursuant to this

8-13 subsection must contain specific information about the school, including,

8-14 but not limited to, information concerning the administrative operation of

8-15 the school, the curriculum of the school and the financial and other

8-16 resources of the school.

8-17 2. The board of trustees of the school district in which the school is

8-18 located or, if the school is located within the jurisdiction of a community

8-19 school board, the community school board shall, until such time as the

8-20 school is designated as demonstrating high achievement or adequate

8-21 achievement pursuant to NRS 385.365, make at least four reports per year

8-22 to the department, the committee and the governor concerning the progress

8-23 of the school in carrying out the plan prepared pursuant to subsection 1.

8-24 Sec. 11. NRS 385.381 is hereby amended to read as follows:

8-25 385.381 1. A panel established pursuant to NRS 385.378 shall:

8-26 (a) Review the most recent plan prepared by the department for the

8-27 school pursuant to NRS 385.373 or 385.375 or the plan prepared by the

8-28 board of trustees of the school district or community school board

8-29 pursuant to NRS 385.371;

8-30 (b) Identify and investigate the problems and factors at the school that

8-31 contributed to the designation of the school as demonstrating inadequate

8-32 achievement;

8-33 (c) Hold a public meeting to discuss the actions that the school will

8-34 need to take to warrant receiving a designation of demonstrating high

8-35 achievement or adequate achievement;

8-36 (d) On or before April 1, prepare a written report that includes an

8-37 analysis of the problems and factors at the school which contributed to the

8-38 designation of the school as demonstrating inadequate achievement,

8-39 including, but not limited to, issues relating to:

8-40 (1) The financial resources of the school;

8-41 (2) The administrative and educational personnel of the school;

9-1 (3) The curriculum of the school;

9-2 (4) The facilities available at the school, including the availability

9-3 and accessibility of educational technology; and

9-4 (5) Any other factors that the panel believes contributed to the

9-5 designation of the school as demonstrating inadequate achievement;

9-6 (e) Submit a copy of the written report to the:

9-7 (1) Principal of the school;

9-8 (2) Board of trustees of the school district in which the school is

9-9 located [;] and, if the school is located within the jurisdiction of a

9-10 community school board, the community school board;

9-11 (3) Superintendent of schools of the school district in which the

9-12 school is located;

9-13 (4) Superintendent of public instruction;

9-14 (5) Governor;

9-15 (6) State board;

9-16 (7) Department;

9-17 (8) Committee; and

9-18 (9) Bureau;

9-19 (f) Make the written report available, upon request, to each parent or

9-20 legal guardian of a pupil who is enrolled in the school; and

9-21 (g) In accordance with its findings pursuant to this subsection, adopt

9-22 revisions to the most recent plan prepared by the department for the school

9-23 pursuant to NRS 385.373 or 385.375.

9-24 2. The department shall, not more than 1 month after receiving the

9-25 written report submitted by the panel:

9-26 (a) Amend the most recent plan prepared by the department for the

9-27 school pursuant to NRS 385.373 or 385.375. In amending the plan, the

9-28 department shall incorporate the revisions adopted by the panel pursuant to

9-29 paragraph (g) of subsection 1.

9-30 (b) Submit to the panel a copy of an amended plan for the school which

9-31 demonstrates to the satisfaction of the panel that the department

9-32 incorporated the revisions adopted by the panel pursuant to paragraph (g)

9-33 of subsection 1.

9-34 3. The department shall submit to the panel a copy of the designation

9-35 that it gives to the school pursuant to NRS 385.363 for the school year

9-36 immediately succeeding the establishment of the panel. If the school does

9-37 not earn a designation as demonstrating high achievement or adequate

9-38 achievement for the school year immediately succeeding the establishment

9-39 of the panel, the panel shall take such action pursuant to subsection 1 and

9-40 NRS 385.383 as it deems necessary to ensure that the school takes action

9-41 to improve its designation.

10-1 Sec. 12. NRS 385.386 is hereby amended to read as follows:

10-2 385.386 1. If a panel established pursuant to NRS 385.378

10-3 determines that an administrator must be appointed to oversee the

10-4 operation of a school, the superintendent of public instruction shall, on or

10-5 before May 1, appoint a licensed administrator to do so. The administrator

10-6 must:

10-7 (a) Possess knowledge and experience concerning the administration of

10-8 public schools.

10-9 (b) Be appointed from a list of three qualified persons submitted to the

10-10 superintendent of public instruction by the panel.

10-11 2. An administrator appointed pursuant to this section:

10-12 (a) Shall:

10-13 (1) Establish and carry out a policy for the management of the school

10-14 to ensure that the plan prepared by the department pursuant to NRS

10-15 385.375 and revised by the panel pursuant to NRS 385.381 is followed.

10-16 This subparagraph does not prohibit the administrator from recommending

10-17 changes to the plan.

10-18 (2) On a quarterly basis, make reports to the department, the

10-19 governor and the committee regarding the progress of the school toward

10-20 earning a designation of demonstrating high achievement or adequate

10-21 achievement pursuant to NRS 385.365.

10-22 (b) May take any action not prohibited by law to ensure that the

10-23 performance of the pupils of the school on the examinations administered

10-24 pursuant to NRS 389.015 improves to such a level that the school is

10-25 designated as demonstrating high achievement or adequate achievement

10-26 pursuant to NRS 385.365.

10-27 (c) Serves at the pleasure of the superintendent of public instruction and

10-28 is entitled to receive such compensation as may be set by the

10-29 superintendent.

10-30 3. A school district or a community school board that contains a

10-31 school for which an administrator is appointed pursuant to this section

10-32 shall reimburse the department for any expenses incurred by the

10-33 department pursuant to subsection 2.

10-34 4. If a school for which an administrator is appointed pursuant to this

10-35 section receives a designation of demonstrating high achievement or

10-36 adequate achievement pursuant to NRS 385.365, the superintendent of

10-37 public instruction shall terminate the oversight of the school by the

10-38 administrator. After the superintendent terminates the oversight of the

10-39 school, the board of trustees of the school district in which the school is

10-40 located or, if the school is located within the jurisdiction of a community

10-41 school board, the community school board shall, on a quarterly basis and

10-42 until such time as the school receives two consecutive designations of

10-43 demonstrating high achievement or adequate achievement pursuant to NRS

11-1 385.365, make reports to the department, the committee and the governor

11-2 regarding actions taken at the school to maintain that designation.

11-3 Sec. 13. Chapter 386 of NRS is hereby amended by adding thereto the

11-4 provisions set forth as sections 14 to 29, inclusive, of this act.

11-5 Sec. 14. The legislature declares that:

11-6 1. Lake Tahoe is located in a unique geographic area, thereby

11-7 isolating the public schools located within the Lake Tahoe region from

11-8 their respective school districts in Washoe and Douglas counties;

11-9 2. The isolation of the public schools in the Lake Tahoe region

11-10 presents a need for local boards that are elected by residents of the Lake

11-11 Tahoe region and that are accessible and responsive to the unique needs

11-12 of the public schools within the region and the pupils who are enrolled in

11-13 those public schools; and

11-14 3. The adoption of a pilot program authorizing the formation of

11-15 community school boards within each county school district that includes

11-16 public schools within the jurisdiction of the Nevada Tahoe regional

11-17 planning agency:

11-18 (a) Addresses the unique needs of the residents of the Lake Tahoe

11-19 region to make decisions concerning the educational needs of the pupils

11-20 who are enrolled in public schools within the region;

11-21 (b) Grants to the residents of the Lake Tahoe region a local board that

11-22 is accessible and responsive to the residents concerning the system of

11-23 public education in that region; and

11-24 (c) Allows the legislature and all other interested parties to consider

11-25 the desirability of the formation of community school boards in other

11-26 geographically isolated portions of this state.

11-27 Sec. 15. 1. Except as otherwise provided in subsection 2, the public

11-28 schools within a county that are within the jurisdiction of the Nevada

11-29 Tahoe regional planning agency may form a community school board

11-30 pursuant to the provisions of sections 15 to 18, inclusive, of this act.

11-31 Upon formation, a community school board consists of three members

11-32 who are elected or appointed pursuant to the provisions of sections 18

11-33 and 20 to 23, inclusive, of this act.

11-34 2. The jurisdiction of the proposed community school board may

11-35 include only those public schools in a single county school district that

11-36 are within the jurisdiction of the Nevada Tahoe regional planning

11-37 agency and must include at least one high school attendance zone.

11-38 Sec. 16. 1. A committee to form a community school board may be

11-39 formed by five or more registered voters who reside within at least one

11-40 high school attendance zone that is included within the proposed

11-41 jurisdiction of a community school board.

11-42 2. Before the committee begins to circulate the petition to form a

11-43 community school board, the committee shall file a notice of its intention

12-1 to form a community school board with the secretary of state. The notice

12-2 must include:

12-3 (a) A copy of the petition that will be circulated; and

12-4 (b) An affidavit, signed by each member of the committee, that

12-5 includes:

12-6 (1) A statement that the committee accepts responsibility for

12-7 circulating the petition;

12-8 (2) A statement that the committee accepts responsibility for filing

12-9 the petition with the secretary of state;

12-10 (3) The names and addresses of each member of the committee;

12-11 and

12-12 (4) The address to which written notice concerning the petition

12-13 must be sent.

12-14 3. The petition must sufficiently describe each high school

12-15 attendance zone that is included within the proposed jurisdiction of the

12-16 community school board and each elementary, middle, junior high and

12-17 high school within that area.

12-18 Sec. 17. 1. On or before February 1, 2000, a committee desiring to

12-19 form a community school board must file a petition with the secretary of

12-20 state.

12-21 2. To be certified as sufficient with regard to the number of

12-22 signatures required for a petition to form a community school board, the

12-23 petition must be signed in indelible ink by at least 50 percent of the

12-24 registered voters who voted in the immediately preceding general election

12-25 and who reside within the proposed jurisdiction of the community school

12-26 board.

12-27 3. Each person who desires to sign a petition shall include:

12-28 (a) His residential address and mailing address;

12-29 (b) The name of the county in which he is registered to vote;

12-30 (c) His signature; and

12-31 (d) The date of his signature.

12-32 4. A petition may consist of more than one document. Each

12-33 document must:

12-34 (a) Be uniform in size and form;

12-35 (b) Be circulated in only one high school attendance zone; and

12-36 (c) Bear the name of the high school attendance zone in which the

12-37 document is circulated.

12-38 5. Each document of the petition that is submitted must have

12-39 attached to it an affidavit signed by the person who circulated the

12-40 document which attests that:

12-41 (a) He personally circulated the document;

12-42 (b) Each signature contained in the document was signed in his

12-43 presence and is genuine to the best of his knowledge and belief; and

13-1 (c) Each person who signed the petition had an opportunity before

13-2 signing to examine the document.

13-3 6. Not more than 15 days after a petition is submitted to the secretary

13-4 of state, a person who signed the petition may submit a written request to

13-5 the secretary of state, signed under penalty of perjury, that his name be

13-6 removed from the petition.

13-7 Sec. 18. 1. Not more than 20 days after a petition is submitted, the

13-8 secretary of state shall verify the total number of signatures of registered

13-9 voters who voted in the immediately preceding general election and who

13-10 reside within a high school attendance zone within the jurisdiction of the

13-11 proposed community school board. The secretary of state shall invalidate

13-12 the signature of any person if the signature is not signed in ink or dated.

13-13 The secretary of state shall issue a certificate as to the sufficiency of the

13-14 petition. If the petition is insufficient, the secretary of state shall include

13-15 in the certificate the reasons for the insufficiency.

13-16 2. If a petition is insufficient because it lacks the required number of

13-17 signatures, the committee to form a community school board that

13-18 submitted the petition may amend the petition once by filing a notice to

13-19 amend with the secretary of state not more than 10 days after the

13-20 committee receives notice of the insufficiency of the petition. An

13-21 amended petition containing the required number of additional

13-22 signatures must be submitted to the secretary of state not more than 10

13-23 days after the committee files a notice to amend. An amended petition

13-24 must comply with the requirements of the petition as originally filed.

13-25 3. Not more than 10 days after an amended petition is filed, the

13-26 secretary of state shall verify the signatures on the amended petition. If

13-27 the secretary of state determines that the petition is still insufficient, the

13-28 secretary of state shall immediately so notify the committee that

13-29 submitted the amended petition.

13-30 4. If the certificate of sufficiency issued by the secretary of state

13-31 pursuant to subsection 1 verifies that the number of signatures on the

13-32 petition or amended petition is at least equal to 100 percent of the

13-33 number of signatures required by section 17 of this act to form a

13-34 community school board, he shall declare that the petition is sufficient

13-35 and shall immediately so notify the county clerk of the county in which

13-36 the community school board is located, the committee that submitted the

13-37 petition, the board of trustees of the affected county school district and

13-38 the superintendent of public instruction. The secretary of state shall

13-39 include in his notice a listing of the voting precincts that are included

13-40 within the proposed jurisdiction of the community school board.

13-41 5. Upon receipt of notice from the secretary of state pursuant to

13-42 subsection 4, the county clerk shall include:

14-1 (a) A question of whether to form the community school board in

14-2 accordance with the petition; and

14-3 (b) The candidates for the three offices of member of the proposed

14-4 community school board,

14-5 on the same ballot in the next general election in the voting precincts

14-6 identified by the secretary of state pursuant to subsection 4. If a

14-7 candidate for office as a member of the community school board is

14-8 elected, his term does not commence unless the question on whether to

14-9 form the community school board is approved by a majority of the

14-10 persons voting within the voting precincts identified by the secretary of

14-11 state pursuant to subsection 4.

14-12 Sec. 19. A community school board may be dissolved if at least 50

14-13 percent of the registered voters who reside within the jurisdiction of the

14-14 community school board approve the dissolution as evidenced by the

14-15 submission of petitions to that effect in the manner set forth in sections

14-16 15 to 18, inclusive, of this act.

14-17 Sec. 20. If a community school board is formed pursuant to sections

14-18 15 to 18, inclusive, of this act:

14-19 1. A candidate for the office of member of a community school board

14-20 must be a qualified elector and a resident of a voting precinct that is

14-21 included within the jurisdiction of the community school board.

14-22 2. Candidates for the office of member of a community school board

14-23 must be nominated in the manner provided by the primary election laws

14-24 of this state.

14-25 3. The declaration of candidacy and the acceptance of a candidacy

14-26 by candidates for the office of member of a community school board

14-27 must be filed with the county clerk of the county in which the community

14-28 school board is formed.

14-29 Sec. 21. 1. Members of a community school board must be elected

14-30 as provided in subsection 5 of section 18 of this act and the election laws

14-31 of this state.

14-32 2. Except as otherwise provided in this subsection, after the close of

14-33 any election, and in accordance with law, the board of county

14-34 commissioners shall make abstracts of the votes cast for members of a

14-35 community school board and shall order the county clerk to issue

14-36 election certificates to the candidates elected. The election certificates

14-37 must not be issued if a majority of the voters do not approve the

14-38 formation of a community school board pursuant to subsection 5 of

14-39 section 18 of this act.

14-40 3. The county clerk shall immediately transmit a copy of each

14-41 election certificate to the superintendent of public instruction.

15-1 Sec. 22. 1. The term of a member of a community school board is

15-2 4 years, commencing on the first Monday in January next following his

15-3 election. Upon the initial formation of a community school board, the

15-4 authority of the community school board to control the operation of the

15-5 public schools and make decisions on behalf of the public schools within

15-6 the jurisdiction of the community school board begins on the first day of

15-7 July next following the initial formation of the board.

15-8 2. The members of a community school board shall select a

15-9 chairman from among their membership.

15-10 3. A member of a community school board shall:

15-11 (a) Hold the office until his successor is elected and qualified.

15-12 (b) Take and subscribe to the official oath.

15-13 (c) File with the superintendent of public instruction a copy of his

15-14 official oath and a statement showing the term for which he has been

15-15 elected or appointed.

15-16 Sec. 23. 1. A vacancy in the membership of a community school

15-17 board must be filled by appointment by the remaining two members of

15-18 the board at a public meeting. The public meeting must be held after

15-19 notice of the meeting is published at least once each week for 2 weeks in

15-20 a newspaper of general circulation in the jurisdiction of the community

15-21 school board. The term of the member so appointed extends until the

15-22 next general election, at which time his successor must be elected for the

15-23 remainder of the unexpired term.

15-24 2. Any person appointed to fill a vacancy must have the

15-25 qualifications set forth in subsection 1 of section 20 of this act.

15-26 Sec. 24. 1. A community school board shall hold a regular meeting

15-27 at least once each month, at such time and place as the board determines.

15-28 The provisions of chapter 241 of NRS apply to the meetings of the

15-29 community school board. The jurisdiction of a community school board

15-30 extends, as authorized by statute or as delegated by the board of trustees

15-31 of the school district in which the community school board is located, to

15-32 schools located within the high school attendance zones from which the

15-33 community school board was formed pursuant to sections 15 to 18,

15-34 inclusive, of this act.

15-35 2. A majority of the members of a community school board

15-36 constitutes a quorum for the transaction of business, and no final action

15-37 of the board is valid unless the action receives, at a regularly called

15-38 meeting, the approval of a majority of all the members of the board.

15-39 3. The members of a community school board shall serve without

15-40 compensation.

15-41 4. A community school board may hold its meeting in any public

15-42 school or other public facility located within the jurisdiction of the

15-43 community school board.

16-1 Sec. 25. A community school board shall:

16-2 1. Adopt a statement of goals and standards for the community

16-3 school board and the public schools located within the jurisdiction of the

16-4 community school board.

16-5 2. Establish priorities for the educational achievement of pupils who

16-6 are enrolled in the public schools within the jurisdiction of the

16-7 community school board that are based upon an assessment of the

16-8 educational needs of those pupils.

16-9 3. Develop methods and programs of instruction to meet the

16-10 priorities for educational achievement established by the community

16-11 school board.

16-12 4. Develop and carry out programs for the acquisition of the

16-13 professional skills required of teachers and other educational personnel

16-14 employed at public schools within the jurisdiction of the community

16-15 school board to meet the priorities for educational achievement

16-16 established by the community school board.

16-17 5. Select instructional equipment, supplies and materials for the

16-18 public schools within the jurisdiction of the community school board. If

16-19 any equipment, supplies or materials are the subject of a collective

16-20 bargaining agreement pursuant to NRS 288.150, the community school

16-21 board shall obtain the approval of the parties who entered into the

16-22 agreement.

16-23 6. Determine the use of facilities for instruction at the public schools

16-24 located within the jurisdiction of the community school board.

16-25 7. Make recommendations to the board of trustees of the school

16-26 district in which the community school board is located concerning any

16-27 matter relating to education that the community school board considers

16-28 necessary.

16-29 Sec. 26. 1. Except as otherwise provided in this subsection, a

16-30 community school board may sue and be sued. If a community school

16-31 board is sued, the county school district in which the community school

16-32 board is located shall provide for its legal representation. A community

16-33 school board shall not sue:

16-34 (a) The board of trustees of a school district; or

16-35 (b) A school district.

16-36 2. The members of a community school board are "public officers"

16-37 for purposes of determining liability and immunity from liability

16-38 pursuant to chapter 41 of NRS.

16-39 Sec. 27. The board of trustees of a school district shall not take any

16-40 punitive action against a parent or legal guardian of a pupil, a pupil, a

16-41 teacher, an administrator or other employee of the school district for

16-42 endorsing or otherwise facilitating the formation of a community school

16-43 board.

17-1 Sec. 28. The state board may, for a school within the jurisdiction of

17-2 a community school board, waive a course of study otherwise required by

17-3 statute or regulation upon application of the community school board.

17-4 The application must describe the justification for the request.

17-5 Sec. 29. 1. All services, administrative duties and other duties

17-6 relating to the operation of public schools that are not required by statute

17-7 to be performed by a community school board, or delegated by the board

17-8 of trustees of a school district to a community school board, are the

17-9 responsibility of the board of trustees of the school district in which a

17-10 community school board is located.

17-11 2. If the board of trustees of a school district does not adequately

17-12 fulfill a duty or service that the board of trustees is required to perform

17-13 for the public schools within the jurisdiction of a community school

17-14 board, the community school board may file a grievance with the interim

17-15 finance committee. If the community school board elects to be

17-16 represented by legal counsel in filing or otherwise pursuing such a

17-17 grievance, the community school board may not use any public money to

17-18 pay for any legal representation related to the grievance.

17-19 Sec. 30. NRS 386.305 is hereby amended to read as follows:

17-20 386.305 A member of [any] the board of trustees [shall] of a school

17-21 district or a community school board must not be financially interested in

17-22 any contract made by the board of trustees or community school board of

17-23 which he is a member.

17-24 Sec. 31. NRS 386.350 is hereby amended to read as follows:

17-25 386.350 1. Each board of trustees of a school district is hereby given

17-26 such reasonable and necessary powers, not conflicting with the constitution

17-27 and the laws of the State of Nevada, as may be requisite to attain the ends

17-28 for which the public schools are established and to promote the welfare of

17-29 school children, including the establishment and operation of schools and

17-30 classes deemed necessary and desirable.

17-31 2. A community school board is hereby given such reasonable and

17-32 necessary powers, not conflicting with the constitution and the laws of

17-33 the State of Nevada and not inconsistent with the jurisdiction of the

17-34 board of trustees of the school district in which the community school

17-35 board is located, as may be requisite to attain the ends for which the

17-36 public schools are established and to promote the welfare of school

17-37 children, including the establishment and operation of schools and

17-38 classes deemed necessary and desirable.

17-39 Sec. 32. NRS 386.360 is hereby amended to read as follows:

17-40 386.360 1. Each board of trustees of a school district and each

17-41 community school board may prescribe and enforce rules, not inconsistent

17-42 with law or rules prescribed by the state board , [of education,] for its own

17-43 government and the government of public schools under its charge.

18-1 2. Each board of trustees of a school district and each community

18-2 school board shall prescribe rules for the granting of permission to carry or

18-3 possess a weapon pursuant to NRS 202.265.

18-4 Sec. 33. NRS 386.370 is hereby amended to read as follows:

18-5 386.370 Annually, on or before July 1 and at such other times as the

18-6 superintendent of public instruction may require, each board of trustees of

18-7 a school district and each community school board shall make or cause to

18-8 be made a report to the superintendent of public instruction, in the manner

18-9 and form prescribed by him.

18-10 Sec. 34. NRS 386.380 is hereby amended to read as follows:

18-11 386.380 Every member of a board of trustees of a school district and

18-12 every member of a community school board may administer oaths and

18-13 affirmations relating to public schools.

18-14 Sec. 35. NRS 386.525 is hereby amended to read as follows:

18-15 386.525 1. Upon approval of an application by the department, a

18-16 committee to form a charter school may submit the application to the board

18-17 of trustees of the school district in which the proposed charter school will

18-18 be located. The board of trustees shall consider the application at a public

18-19 meeting for which notice has been provided pursuant to chapter 241 of

18-20 NRS. The board of trustees shall review the application to determine

18-21 whether it is complete in accordance with the regulations of the

18-22 department. If the proposed charter school will be located within the

18-23 jurisdiction of a community school board, the board of trustees shall

18-24 consult with the community school board before making a final

18-25 determination on the application. The board of trustees shall approve an

18-26 application if it is complete. The board of trustees shall provide written

18-27 notice to the applicant of its approval or denial of the application. If the

18-28 board of trustees denies an application, it shall include in the written notice

18-29 the reasons for the denial and the deficiencies in the application. The

18-30 applicant must be granted 30 days after receipt of the written notice to

18-31 correct any deficiencies identified in the written notice and resubmit the

18-32 application.

18-33 2. If an application is approved by the board of trustees [,] of a school

18-34 district, the board of trustees and the applicant shall enter into a written

18-35 agreement concerning the methods and procedures for the board of trustees

18-36 to monitor the progress of the charter school. The written agreement must

18-37 authorize the board of trustees and the department to physically inspect the

18-38 school at any time. The contents of the application set forth in NRS

18-39 386.520 and the written agreement entered into pursuant to this subsection

18-40 shall be deemed the written charter of the charter school. A written charter

18-41 is for a term of 6 years unless the governing body of the charter school

18-42 renews its initial charter after 3 years of operation pursuant to subsection 2

18-43 of NRS 386.530.

19-1 3. If an application is approved by the board of trustees [,] of a school

19-2 district, the committee to form a charter school that submitted the

19-3 application shall be deemed the governing body of the charter school.

19-4 4. Upon request of the governing body of a charter school and the

19-5 approval of the board of trustees of the school district that granted the

19-6 written charter, the written charter may be amended if such amendment

19-7 will grant to the charter school a greater ability to achieve its educational

19-8 goals and objectives. An amendment must not authorize an extension of

19-9 the duration of the term of the written charter.

19-10 Sec. 36. Chapter 387 of NRS is hereby amended by adding thereto the

19-11 provisions set forth as sections 37 and 38 of this act.

19-12 Sec. 37. If a community school board is formed pursuant to the

19-13 provisions of sections 15 to 18, inclusive, of this act:

19-14 1. The superintendent of public instruction shall cause the

19-15 department to specify, as a percentage, the amount of money per pupil, if

19-16 any, which the public schools within the jurisdiction of the community

19-17 school board received in the immediately preceding school year in

19-18 accordance with NRS 387.175 that was above the amount of money per

19-19 pupil that was received by the public schools in that school district that

19-20 are not within the jurisdiction of the community school board. Each

19-21 school year, a community school board is entitled to receive, in addition

19-22 to its proportional share of the money received in accordance with NRS

19-23 387.175, an amount of money that at least equals the percentage, if any,

19-24 specified pursuant to this subsection by the department to maintain an

19-25 equivalent level of support.

19-26 2. Except as otherwise provided in subsection 3, the county treasurer

19-27 shall, in accordance with subsection 1, separately account in the county

19-28 school district fund for all money received for the public schools within

19-29 the jurisdiction of the community school board, including, without

19-30 limitation, a proportional share of the money received in accordance with

19-31 NRS 387.175, based upon the number of pupils who are enrolled in the

19-32 public schools within the jurisdiction of the community school board as

19-33 compared with the number of pupils who are enrolled in the public

19-34 schools within the rest of the county school district. The county treasurer

19-35 shall, in similar proportion, deduct an appropriate amount toward

19-36 payment of a proportional share of the total operating expenses of the

19-37 county school district, including, without limitation, transportational

19-38 costs and any other administrative expenses of the county school district.

19-39 The county treasurer shall also deduct the salaries for licensed and

19-40 nonlicensed employees in the public schools within the jurisdiction of the

19-41 community school board and any money that pupils who are enrolled in

19-42 public schools within the jurisdiction of the community school board are

19-43 not eligible for or are not otherwise entitled to receive, including, without

20-1 limitation, money for programs of nutrition. The county treasurer shall

20-2 accept gifts, grants, donations and bequests on behalf of the public

20-3 schools within the jurisdiction of the community school board and

20-4 transfer the proceeds to the account for the community school board. The

20-5 interest and income earned on the money in the account for the

20-6 community school board, after deducting any applicable charges, must

20-7 be credited to the account.

20-8 3. If the board of trustees of the school district in which the

20-9 community school board is located has established a separate account

20-10 pursuant to NRS 354.603, the board of trustees shall, in accordance with

20-11 subsection 1, separately account for all money received for the public

20-12 schools within the jurisdiction of the community school board, including,

20-13 without limitation, a proportional share of the money received in

20-14 accordance with NRS 387.175, based upon the number of pupils who are

20-15 enrolled in the public schools within the jurisdiction of the community

20-16 school board as compared with the number of pupils who are enrolled in

20-17 the public schools within the rest of the county school district. The board

20-18 of trustees shall, in similar proportion, deduct an appropriate amount

20-19 toward payment of a proportional share of the total operating expenses

20-20 of the county school district, including, without limitation,

20-21 transportational costs and any other administrative expenses of the

20-22 county school district. The county treasurer shall also deduct the salaries

20-23 for licensed and nonlicensed employees in the public schools within the

20-24 jurisdiction of the community school board and any money that pupils

20-25 who are enrolled in public schools within the jurisdiction of the

20-26 community school board are not eligible for or are not otherwise entitled

20-27 to receive, including, without limitation, money for programs of

20-28 nutrition. The board of trustees shall accept gifts, grants, donations and

20-29 bequests on behalf of the public schools within the jurisdiction of the

20-30 community school board and transfer the proceeds to the account for the

20-31 community school board. The interest and income earned on the money

20-32 in the account for the community school board, after deducting any

20-33 applicable charges, must be credited to the account.

20-34 4. The money in a separate account maintained pursuant to

20-35 subsection 2 or 3 must be included in determining the financial ability of

20-36 a school district pursuant to subsection 5 of NRS 288.217.

20-37 Sec. 38. 1. If the board of trustees of a school district in which one

20-38 or more community school boards exist levies a tax for the payment of

20-39 debt service for bonds or other securities of the county school district, the

20-40 board of trustees shall not pledge the revenue from the tax levied upon

20-41 the property within the jurisdiction of the community school board unless

20-42 the community school board approves the issuance of the bonds or other

20-43 securities of the county school district and the projects which will be

21-1 funded with the proceeds of the bonds or other securities. Such an

21-2 approval of the community school board must be evidenced at a public

21-3 hearing by a unanimous vote of the members of the community school

21-4 board and included in the minutes of the meeting.

21-5 2. The proceeds of any levy of taxes on the property within the

21-6 jurisdiction of the community school board which, pursuant to

21-7 subsection 1, are not pledged for the payment of the bonds or other

21-8 securities for projects by the board of trustees of the school district must

21-9 be transferred to the separate account in the county school district

21-10 buildings and sites fund maintained by the county treasurer pursuant to

21-11 NRS 387.177 on behalf of the community school board or the separate

21-12 account maintained by the board of trustees of the school district

21-13 pursuant to NRS 387.177 on behalf of the community school board.

21-14 3. The community school board shall use the proceeds transferred

21-15 pursuant to subsection 2 only for the purposes set forth in subsection 1 of

21-16 NRS 387.335.

21-17 4. A community school board that receives money pursuant to this

21-18 section shall not use the money to:

21-19 (a) Settle or arbitrate disputes or negotiate settlements between an

21-20 organization that represents licensed employees of the school district and

21-21 the school district.

21-22 (b) Adjust the schedules of salaries and benefits of the employees of

21-23 the school district.

21-24 Sec. 39. NRS 387.175 is hereby amended to read as follows:

21-25 387.175 The county school district fund is composed of:

21-26 1. All local taxes for the maintenance and operation of public schools.

21-27 2. All money received from the Federal Government for the

21-28 maintenance and operation of public schools.

21-29 3. Apportionments by this state as provided in NRS 387.124.

21-30 4. Any other receipts, including gifts, for the operation and

21-31 maintenance of the public schools in the county school district.

21-32 If a community school board is located in a county school district, the

21-33 county treasurer or the board of trustees of the school district shall

21-34 account separately for the money in the county school district fund in

21-35 accordance with section 37 of this act.

21-36 Sec. 40. NRS 387.177 is hereby amended to read as follows:

21-37 387.177 1. There is hereby created in each county treasury or in a

21-38 separate account, if established under NRS 354.603, a fund to be

21-39 designated as the county school district buildings and sites fund.

21-40 2. The county school district buildings and sites fund shall be

21-41 composed of:

21-42 (a) Receipts from the rentals and sales of school property.

22-1 (b) Gifts to the school district for any or all of the purposes enumerated

22-2 in NRS 387.335.

22-3 (c) All moneys received from the Federal Government for the

22-4 construction of school facilities.

22-5 3. [Moneys] Except as otherwise provided in subsection 4, if a

22-6 community school board has been formed within the county school

22-7 district, the county treasurer shall separately account in the county

22-8 school district buildings and sites fund for money received pursuant to

22-9 this section for the public schools within the jurisdiction of the

22-10 community school board in a proportionate amount based upon the

22-11 number of pupils who are enrolled in the public schools within the

22-12 jurisdiction of the community school board as compared with the total

22-13 number of pupils who are enrolled in the public schools within the rest of

22-14 the county school district. If the board of trustees of a school district sells

22-15 real property belonging to the school district, the community school

22-16 board must be credited with a proportional share of the proceeds from

22-17 the sale based upon the assessed valuation of the real property within the

22-18 jurisdiction of the community school board as compared with the total

22-19 assessed valuation of the real property in the rest of the county school

22-20 district. The county treasurer shall accept gifts, grants, donations and

22-21 bequests on behalf of the public schools within the jurisdiction of the

22-22 community school board and transfer the proceeds to the separate

22-23 account. The interest and income earned on the money in the account for

22-24 the community school board, after deducting any applicable charges,

22-25 must be credited to the account.

22-26 4. If a community school board has been formed within a county

22-27 school district and the board of trustees of the school district has

22-28 established a separate account pursuant to NRS 354.603, the board of

22-29 trustees shall separately account for money received pursuant to this

22-30 section for public schools within the jurisdiction of the community school

22-31 board in a proportionate amount based upon the number of pupils who

22-32 are enrolled in the public schools within the jurisdiction of the

22-33 community school board as compared with the total number of pupils

22-34 who are enrolled in the public schools within the rest of the county

22-35 school district. If the board of trustees of a school district sells real

22-36 property belonging to the school district, the community school board

22-37 must be credited with a proportional share of the proceeds from the sale

22-38 based upon the assessed valuation of the real property within the

22-39 jurisdiction of the community school board as compared with the total

22-40 assessed valuation of the real property in the rest of the county school

22-41 district. The board of trustees shall accept gifts, grants, donations and

22-42 bequests on behalf of the public schools within the jurisdiction of the

22-43 community school board and transfer the proceeds to the separate

23-1 account. The interest and income earned on the money in the account for

23-2 the community school board, after deducting any applicable charges,

23-3 must be credited to the account.

23-4 5. Money in the county school district buildings and sites fund may be

23-5 expended by the board of trustees, notwithstanding such expenditures have

23-6 not been budgeted in accordance with law, only for the purposes

23-7 enumerated in NRS 387.335, and no others.

23-8 Sec. 41. NRS 387.3285 is hereby amended to read as follows:

23-9 387.3285 1. Upon the approval of a majority of the registered voters

23-10 of a county voting upon the question, the board of county commissioners

23-11 in each county with a school district whose enrollment is fewer than

23-12 25,000 pupils may levy a tax which, when combined with any tax imposed

23-13 pursuant to NRS 387.3287, is not more than 75 cents on each $100 of

23-14 assessed valuation of taxable property within the county. The question

23-15 submitted to the registered voters must include the period during which the

23-16 tax will be levied. The period may not exceed 20 years.

23-17 2. Upon the approval of a majority of the registered voters of a county

23-18 voting upon the question, the board of county commissioners in each

23-19 county with a school district whose enrollment is 25,000 pupils or more

23-20 may levy a tax which, when combined with any tax imposed pursuant to

23-21 NRS 387.3287, is not more than 50 cents on each $100 of assessed

23-22 valuation of taxable property within the county. The question submitted to

23-23 the registered voters must include the period during which the tax will be

23-24 levied. The period may not exceed 20 years.

23-25 3. [Any] Except as otherwise provided in section 38 of this act, all

23-26 money collected pursuant to this section must be deposited in the county

23-27 treasury to the credit of the fund for capital projects to be held and, except

23-28 as otherwise provided in NRS 387.3287, to be expended in the same

23-29 manner as other money deposited in that fund.

23-30 Sec. 42. NRS 387.3287 is hereby amended to read as follows:

23-31 387.3287 1. Except as otherwise provided in subsections 4 and 5,

23-32 upon the approval of a majority of the registered voters of a county voting

23-33 upon the question, the board of county commissioners in each county may

23-34 levy a separate tax pursuant to the provisions and subject to the limitations

23-35 of subsections 1 and 2 of NRS 387.3285.

23-36 2. [Money] Except as otherwise provided in section 38 of this act,

23-37 money raised pursuant to this section must be deposited in the county

23-38 treasury to the credit of the fund for capital projects and must be

23-39 maintained in a separate budgetary account for the replacement of capital

23-40 assets. All interest and income earned on the money in the account must be

23-41 credited to the account. Except as otherwise provided in subsection 3,

23-42 money in the account must only be expended for the renovation or

23-43 replacement of depreciating capital assets of the county school district.

24-1 3. Money raised pursuant to this section may be expended for the

24-2 construction of new buildings for schools to accommodate community

24-3 growth if the expenditure is approved by a majority of the registered voters

24-4 of the county voting upon the question. An expenditure proposed pursuant

24-5 to the provisions of this subsection must be submitted as a separate

24-6 question to the voters on the ballot at a primary, general or special election.

24-7 4. The replacement value of the capital assets of a county school

24-8 district must be determined by the board of trustees of the county school

24-9 district before any property tax is levied pursuant to subsection 1. The

24-10 replacement value may be redetermined before July 1 of each year to

24-11 become effective for the purposes of this section on the first day of the

24-12 next fiscal year.

24-13 5. The property tax authorized in subsection 1 may not be imposed or

24-14 collected if the account for the replacement of capital assets contains

24-15 revenue in an amount equal to or more than 30 percent of the replacement

24-16 value of the capital assets of the county school district.

24-17 Sec. 43. NRS 388.030 is hereby amended to read as follows:

24-18 388.030 The board of trustees of a school district or a community

24-19 school board may divide the public schools within [the school district] its

24-20 jurisdiction into kindergarten, elementary, high school and other

24-21 permissible departments . [, and] The board of trustees of a school district

24-22 shall employ competent and legally qualified teachers for the instruction of

24-23 the different departments, if:

24-24 1. The division into departments is in accordance with the state

24-25 courses of study and regulations of the state board ; [of education;] and

24-26 2. There is money for all [of] the departments, or if money is not

24-27 available for all [of] the departments, the division is made in the order in

24-28 which the departments are named in this section.

24-29 Sec. 44. NRS 388.060 is hereby amended to read as follows:

24-30 388.060 1. Except as otherwise provided in this subsection, the

24-31 board of trustees of each school district shall establish, equip and maintain

24-32 a kindergarten in each elementary school or each school attendance area

24-33 [in the district.] within the jurisdiction of the board of trustees. If, on or

24-34 before June 1 immediately preceding the school year, admittance to

24-35 kindergarten has been requested for fewer than 15 children, the mandatory

24-36 provisions of this subsection do not apply to that school, and the board of

24-37 trustees of the school district may decide whether to establish a

24-38 kindergarten for those children. If the board of trustees decides not to

24-39 establish such a kindergarten, it may provide:

24-40 (a) Transportation for each child to enable him to attend kindergarten at

24-41 another school; or

24-42 (b) Upon agreement with a child’s parent or guardian, an authorized

24-43 program of instruction for kindergarten to be offered in the child’s home,

25-1 which includes, without limitation, assigning licensed educational

25-2 personnel to assist and consult with the parent or guardian as necessary.

25-3 2. Except as otherwise provided in this subsection, each community

25-4 school board shall establish, equip and maintain a kindergarten or

25-5 kindergartens in each elementary school that is within the jurisdiction of

25-6 the community school board. If, on or before June 1 immediately

25-7 preceding the school year, admittance to kindergarten has been requested

25-8 for fewer than 15 children, the mandatory provisions of this subsection

25-9 do not apply to that school and the community school board may

25-10 determine whether to establish a kindergarten for those children.

25-11 3. The board of trustees of a school district and a community school

25-12 board in which a kindergarten is to be established under the provisions of

25-13 this Title of NRS shall budget for this purpose by including the costs in the

25-14 next regular budget for the school district.

25-15 Sec. 45. NRS 388.070 is hereby amended to read as follows:

25-16 388.070 When feasible, boards of trustees [must] of school districts

25-17 and community school boards shall maintain all the schools [established

25-18 by them] within their jurisdiction for an equal length of time during the

25-19 year and, as far as practicable, with equal rights and privileges.

25-20 Sec. 46. NRS 388.080 is hereby amended to read as follows:

25-21 388.080 1. Except as otherwise provided in subsection 2, the public

25-22 school year commences on the 1st day of July and ends on the last day of

25-23 June.

25-24 2. After notification to the superintendent of public instruction that an

25-25 extended school year program will be operative, [any county] the board of

25-26 trustees of a school district or a community school board may request

25-27 extension of the school year beyond the last day of June for each year of

25-28 such a program.

25-29 Sec. 47. NRS 388.090 is hereby amended to read as follows:

25-30 388.090 1. Except as otherwise permitted pursuant to this section,

25-31 boards of trustees of school districts and community school boards shall

25-32 schedule and provide a minimum of 180 days of free school in the

25-33 [districts] public schools under their charge.

25-34 2. The superintendent of public instruction may, upon application by a

25-35 board of trustees [,] of a school district or a community school board,

25-36 authorize a reduction of not more than 15 school days in a particular

25-37 district or high school attendance zone that is included within the

25-38 jurisdiction of a community school board to establish or maintain a 12-

25-39 month school program or a program involving alternative scheduling, if

25-40 the board of trustees or the community school board demonstrates that the

25-41 proposed schedule for the program provides for a greater number of

25-42 minutes of instruction than would be provided under a program consisting

25-43 of 180 school days. Before authorizing a reduction in the number of

26-1 required school days pursuant to this subsection, the superintendent of

26-2 public instruction must find that the proposed schedule will be used to

26-3 alleviate problems associated with a growth in enrollment or

26-4 overcrowding, or to establish and maintain a program of alternative

26-5 schooling.

26-6 3. The superintendent of public instruction may, upon application by a

26-7 board of trustees [,] of a school district or a community school board,

26-8 authorize the addition of minutes of instruction to any scheduled day of

26-9 free school if days of free school are lost because of any interscholastic

26-10 activity. Not more than 5 days of free school so lost may be rescheduled in

26-11 this manner.

26-12 4. Each board of trustees of a school district and each community

26-13 school board shall schedule at least 3 contingent days of school in addition

26-14 to the number of days required by this section, which must be used if a

26-15 natural disaster, inclement weather or an accident necessitates the closing

26-16 of a majority of the facilities within the district [.] or the jurisdiction of the

26-17 community school board.

26-18 5. If more than 3 days of free school are lost because a natural disaster,

26-19 inclement weather or an accident necessitates the closing of a majority of

26-20 the facilities within a school district [,] or the jurisdiction of a community

26-21 school board, the superintendent of public instruction, upon application by

26-22 the board of trustees of the school district [,] or the community school

26-23 board, may permit the additional days lost to be counted as school days in

26-24 session. The application must be submitted in the manner prescribed by the

26-25 superintendent of public instruction.

26-26 6. The state board [of education] shall adopt regulations providing

26-27 procedures for changing schedules of instruction to be used if a natural

26-28 disaster, inclement weather or an accident necessitates the closing of a

26-29 particular school within a school district [.] or the jurisdiction of a

26-30 community school board.

26-31 Sec. 48. NRS 388.110 is hereby amended to read as follows:

26-32 388.110 No school may be kept open on any day declared to be a legal

26-33 holiday pursuant to NRS 236.015, except that [any] a board of trustees of a

26-34 school district or a community school board may elect to keep school

26-35 open on October 31 , [(] or other day observed as Nevada Day , [)] and

26-36 observe such holiday with appropriate exercises [.] in the public schools

26-37 within their jurisdiction.

26-38 Sec. 49. NRS 388.367 is hereby amended to read as follows:

26-39 388.367 1. There is hereby created in the state treasury the fund for

26-40 the school to careers program to be administered by the state board. The

26-41 superintendent may accept gifts and grants of money from any source for

26-42 deposit in the fund. All legislative appropriations, gifts and grants made to

26-43 the fund become a part of the principal of the fund which may be reduced

27-1 only by specific legislative action. The interest and income earned on the

27-2 money in the fund, after deducting any applicable charges, must be

27-3 credited to the fund.

27-4 2. Money in the fund must be used for the program to provide pupils

27-5 with the skills to make the transition from school to careers adopted

27-6 pursuant to NRS 388.368.

27-7 3. Money in the fund must not be:

27-8 (a) Considered in negotiations between a recognized organization of

27-9 employees of a school district and the school district; or

27-10 (b) Used to reduce the amount of money which would otherwise be

27-11 made available for occupational education in the absence of this section.

27-12 4. The state board shall establish annually, within the limits of money

27-13 available in the fund, a basic allocation of:

27-14 (a) Twenty-five thousand dollars to each school district and each

27-15 university and community college within the University and Community

27-16 College System of Nevada whose application to participate in the program

27-17 adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of

27-18 that section.

27-19 (b) Not more than $25,000 to each charter school whose application to

27-20 participate in the program adopted pursuant to NRS 388.368 is approved

27-21 pursuant to subsection 5 of that section.

27-22 5. Any money remaining after the allocations made pursuant to

27-23 subsection 4 must be allocated to:

27-24 (a) School districts with approved applications in proportion to the total

27-25 number of pupils enrolled in grades 7 to 12, inclusive, within the district

27-26 on the last day of the first month of the school year preceding the school

27-27 year for which the money is being provided;

27-28 (b) Charter schools with approved applications in proportion to the total

27-29 number of pupils enrolled in grades 7 to 12, inclusive, within the charter

27-30 school on the last day of the first month of the school year preceding the

27-31 school year for which the money is being provided; and

27-32 (c) Community colleges with approved applications in proportion to the

27-33 total number of full-time students enrolled on October 15 of the school

27-34 year preceding the school year for which the money is being provided.

27-35 6. If a community school board is located within a school district, the

27-36 school district shall provide the community school board with its

27-37 proportional share of the money that it receives pursuant to this section

27-38 based upon the number of pupils who are enrolled in public schools

27-39 within the jurisdiction of the community school board. The school district

27-40 shall separately account for the money of the community school board in

27-41 accordance with section 37 of this act.

28-1 Sec. 50. NRS 388.368 is hereby amended to read as follows:

28-2 388.368 1. The state board, in consultation with the assisting

28-3 agencies and the business community that will be included in the

28-4 partnerships established pursuant to paragraph (a) of subsection 4, shall:

28-5 (a) Adopt a comprehensive program to offer pupils who are enrolled in

28-6 grades 7 to 12, inclusive, the skills to make the transition from school to

28-7 careers; and

28-8 (b) Carry out and review the program.

28-9 2. The program to provide pupils with the skills to make the transition

28-10 from school to careers may be designed to achieve the following

28-11 objectives:

28-12 (a) To provide the pupils participating in the program with an equitable

28-13 opportunity to learn about and explore various career options of their

28-14 choice before the completion of middle school.

28-15 (b) To offer career counseling for interested pupils who are enrolled in

28-16 grades 7 to 12, inclusive.

28-17 (c) To provide information concerning the program.

28-18 (d) To provide the pupils participating in the program with an equitable

28-19 opportunity to achieve high academic standards and to obtain training in

28-20 occupations of their choice. If desired, a pupil who has chosen to receive

28-21 training in an occupation may choose to receive training in another

28-22 occupation of his choice, or may terminate his participation in the

28-23 program, without the loss of credit, at such times as are allowed by the

28-24 state board, but in no case may a pupil be required to continue with the

28-25 training or participate in the program for more than one semester.

28-26 (e) To continue and enhance existing technical and vocational education

28-27 programs that are voluntary, including, without limitation, programs

28-28 adopted pursuant to the Carl D. Perkins Vocational and Applied

28-29 Technology Education Act , [(] 20 U.S.C. §§ 2301 et seq. [).]

28-30 (f) To allow a system for awarding certificates of technical or

28-31 vocational proficiency. Such a certificate must not be awarded as a

28-32 replacement for or in lieu of a high school diploma.

28-33 (g) To allow pupils participating in the program to participate in

28-34 educational activities in the workplace.

28-35 (h) To offer pupils participating in the program job training and

28-36 placement or programs for preparation for postsecondary education during

28-37 the 12th grade, or both.

28-38 (i) To encourage the relationship among the business community,

28-39 school districts, charter schools and universities and community colleges

28-40 within the University and Community College System of Nevada to

28-41 promote job training and internships.

28-42 (j) To offer statewide participation in the program for pupils who are

28-43 enrolled in grades 7 to 12, inclusive.

29-1 (k) To encourage teachers and other educational personnel to continue

29-2 their educational development related to the program.

29-3 (l) To adopt a process to evaluate the program and to integrate

29-4 improvements in compliance with the Family Educational Rights and

29-5 Privacy Act , [(] 20 U.S.C. §§ 1232g et seq. [).] To carry out the purposes

29-6 of this paragraph, the state board may adopt a system for evaluating

29-7 participation in the program only to produce aggregate statistical

29-8 information needed to evaluate the program, but not to ensure that a pupil

29-9 completes job training for a particular career. This paragraph does not

29-10 prohibit the collection of data necessary to carry out the provisions of NRS

29-11 389.015 and 389.017.

29-12 3. The program adopted by the state board must be designed to offer

29-13 an equitable opportunity for all pupils to participate in the program,

29-14 including, without limitation:

29-15 (a) Male and female pupils;

29-16 (b) Pupils who are of diverse racial, ethnic and cultural backgrounds;

29-17 (c) Pupils whose primary language is not English;

29-18 (d) Pupils who have disabilities;

29-19 (e) Pupils who are gifted and talented;

29-20 (f) Pupils who are at high risk of dropping out of school; and

29-21 (g) Pupils who are disadvantaged, economically or otherwise.

29-22 4. To be eligible to receive funding for and to participate in the

29-23 program established pursuant to this section, a school district, a charter

29-24 school or a university or community college within the University and

29-25 Community College System of Nevada must submit to the state board an

29-26 application that includes:

29-27 (a) A description of the partnership between the school district, charter

29-28 school, university or community college and the business community that

29-29 will be established to carry out the program adopted pursuant to this

29-30 section. The partnership must consist of employers, representatives of local

29-31 educational agencies, local postsecondary educational institutions,

29-32 representatives of labor organizations, pupils, parents and persons

29-33 representing rehabilitation, employment and training services.

29-34 (b) A plan that describes how the partnership will carry out the

29-35 objectives of the program, including specific requirements for periodic

29-36 review and approval by the members of the partnership representing the

29-37 business community of the means of obtaining those objectives. The

29-38 members of the partnership who perform the periodic review shall make a

29-39 determination of whether the program is actually improving the skills of

29-40 the participants to make the transition from school to careers. The

29-41 members of the partnership who perform the periodic review must include

29-42 employers who are likely to hire pupils who complete the program as well

30-1 as other employers who are active in the establishment of programs for job

30-2 training and placement.

30-3 (c) A description of an annual evaluation to be conducted by the

30-4 partnership and used to measure the success of the program. The results of

30-5 the evaluation must be submitted to the state board and contain specific

30-6 comments from the members of the partnership representing the business

30-7 community regarding the effectiveness of the program in producing pupils

30-8 who are ready for employment in the workplace.

30-9 (d) Other information the state board may require to determine the

30-10 eligibility of the school district or the charter school to participate in the

30-11 program.

30-12 If a school district includes a community school board, the board of

30-13 trustees of the school district shall consult with the community school

30-14 board concerning the contents of the application before the board of

30-15 trustees submits the application.

30-16 5. The state board, in consultation with the assisting agencies and the

30-17 business community that will be included in the partnerships established

30-18 pursuant to paragraph (a) of subsection 4, shall:

30-19 (a) Make a determination on an application that is submitted pursuant to

30-20 this section.

30-21 (b) Submit a report containing its findings, conclusions and

30-22 recommendations regarding the program adopted pursuant to this section

30-23 to each regular session of the legislature on or before February 1 of each

30-24 odd-numbered year.

30-25 6. As used in this section, "assisting agencies" means the commission

30-26 on economic development, the department of employment, training and

30-27 rehabilitation, the welfare division of the department of human resources

30-28 and the University and Community College System of Nevada.

30-29 Sec. 51. NRS 388.380 is hereby amended to read as follows:

30-30 388.380 1. Except as otherwise provided in subsection 2, the board

30-31 of trustees of a school district in a county whose population is 100,000 or

30-32 more and a community school board in a county whose population is

30-33 100,000 or more shall , and any other board of trustees of a school district

30-34 or community school board may:

30-35 (a) Establish and maintain occupational schools or classes giving

30-36 instruction in the subjects approved by the state board for occupational

30-37 education.

30-38 (b) Raise and expend money for the establishment and maintenance of

30-39 occupational schools or classes.

30-40 2. The board of trustees of each school district and each community

30-41 school board shall incorporate into the curriculum [:] in the public schools

30-42 within their jurisdiction:

30-43 (a) Occupational guidance and counseling; and

31-1 (b) Technology,

31-2 in accordance with the courses of study adopted by the state board

31-3 pursuant to NRS 389.170 and 389.180.

31-4 Sec. 52. NRS 388.390 is hereby amended to read as follows:

31-5 388.390 If the board of trustees of a school district , a community

31-6 school board or the governing body of a charter school organizes a school

31-7 or classes for occupational education in accordance with the regulations

31-8 adopted by the state board for occupational education and the school or

31-9 classes have been approved by the executive officer of the state board for

31-10 occupational education, the board of trustees of the school district [or] ,

31-11 the community school board and the charter school [is] are entitled to

31-12 share in federal and state money available for the promotion of

31-13 occupational education in the amount determined by the executive officer

31-14 of the state board for occupational education, in accordance with the

31-15 regulations and policies of the board.

31-16 Sec. 53. NRS 388.405 is hereby amended to read as follows:

31-17 388.405 1. The state board [of education] shall establish a program

31-18 to teach the English language to pupils whose:

31-19 (a) Primary language is not English;

31-20 (b) Proficiency in the English language is below the average proficiency

31-21 of pupils at the same age or grade level whose primary language is

31-22 English; and

31-23 (c) Probability of success in a classroom in which courses of study are

31-24 taught only in the English language is impaired because of their limited

31-25 proficiency in the English language.

31-26 2. The state board [of education] shall adopt regulations to carry out

31-27 the program. The regulations must prescribe the procedure by which the

31-28 board of trustees of a school district or a community school board may

31-29 obtain a waiver from the requirements of the program.

31-30 Sec. 54. NRS 388.532 is hereby amended to read as follows:

31-31 388.532 1. The state board , in cooperation with the board of trustees

31-32 of the various [county] school districts and community school boards,

31-33 shall develop for pupils in the first through eighth grades:

31-34 (a) Programs designed to reduce the number of pupils who drop out of

31-35 school; and

31-36 (b) Programs for the prevention of the abuse of alcohol and controlled

31-37 substances.

31-38 2. The state board , in cooperation with the board of trustees of the

31-39 various [county] school districts and community school boards, may seek

31-40 the cooperation of private industry in developing for pupils in all grades

31-41 programs and activities designed to reduce the number of pupils who

31-42 participate in the activities of criminal gangs, as defined in NRS 213.1263.

32-1 Sec. 55. NRS 388.537 is hereby amended to read as follows:

32-2 388.537 1. The board of trustees of a school district and a

32-3 community school board may, subject to the approval of the state board,

32-4 operate an alternative program for the education of pupils who are

32-5 enrolled in public high schools within their jurisdiction and who are at

32-6 risk of dropping out of high school, including pupils who:

32-7 (a) Because of extenuating circumstances, such as their being pregnant,

32-8 parents, chronically ill or self-supporting, are not able to attend the classes

32-9 of instruction regularly provided in high school;

32-10 (b) Are deficient in the amount of academic credit necessary to graduate

32-11 with pupils their same age;

32-12 (c) Are chronically absent from high school; or

32-13 (d) Require instruction on a more personal basis than that regularly

32-14 provided in high school.

32-15 2. An alternative program may include:

32-16 (a) A shorter school day, and an opportunity for pupils to attend a

32-17 longer school day, than that regularly provided in high school.

32-18 (b) An opportunity for pupils to attend classes of instruction during any

32-19 part of the calendar year.

32-20 (c) A comprehensive curriculum that includes elective classes of

32-21 instruction and occupational education.

32-22 (d) An opportunity for pupils to obtain academic credit through

32-23 experience gained at work or while engaged in other activities.

32-24 (e) An opportunity for pupils to satisfy either:

32-25 (1) The requirements for a regular high school diploma; or

32-26 (2) The requirements for a high school diploma for adults.

32-27 (f) The provision of child care for the children of pupils.

32-28 (g) The transportation of pupils to and from classes of instruction.

32-29 (h) The temporary placement of pupils for independent study, if there

32-30 are extenuating circumstances which prevent those pupils from attending

32-31 the alternative program on a daily basis.

32-32 Sec. 56. NRS 388.585 is hereby amended to read as follows:

32-33 388.585 1. The board of trustees of each school district and each

32-34 community school board may [:] , for the public schools within their

32-35 jurisdiction:

32-36 (a) Establish a program of information concerning missing children for

32-37 pupils, parents and other residents of the district [;] or each high school

32-38 attendance zone that comprises the community school board; and

32-39 (b) Use materials prepared by the attorney general in developing such a

32-40 program.

32-41 2. The board of trustees of a school district or a community school

32-42 board may request the assistance of the attorney general or the state board

32-43 [of education] in establishing its program.

33-1 Sec. 57. NRS 388.700 is hereby amended to read as follows:

33-2 388.700 1. Except as otherwise provided in subsections 2 and 3,

33-3 after the last day of the first month of the school year, the ratio in each

33-4 school district , including, without limitation a community school board

33-5 located within the school district, of pupils per class in kindergarten and

33-6 grades 1, 2 and 3 per licensed teacher designated to teach those classes full

33-7 time must not exceed 15 to 1 in classes where core curriculum is taught. In

33-8 determining this ratio, all licensed educational personnel who teach

33-9 kindergarten or grade 1, 2 or 3 must be counted except teachers of art,

33-10 music, physical education or special education, counselors, librarians,

33-11 administrators, deans and specialists.

33-12 2. A school district may, within the limits of any plan adopted

33-13 pursuant to NRS 388.720, assign a pupil whose enrollment in a grade

33-14 occurs after the last day of the first month of the school year to any

33-15 existing class regardless of the number of pupils in the class.

33-16 3. The state board may grant to a school district a variance from the

33-17 limitation on the number of pupils per class set forth in subsection 1 for

33-18 good cause, including the lack of available financial support specifically

33-19 set aside for the reduction of pupil-teacher ratios.

33-20 4. The state board shall, on or before February 1 of each

33-21 odd-numbered year, report to the legislature on:

33-22 (a) Each variance granted by it during the preceding biennium,

33-23 including the specific justification for the variance.

33-24 (b) The data reported to it by the various school districts pursuant to

33-25 subsection 2 of NRS 388.710, including an explanation of that data, and

33-26 the current pupil-teacher ratios per class in kindergarten and grades 1, 2

33-27 and 3.

33-28 5. The department shall, on or before November 15 of each year,

33-29 report to the chief of the budget division of the department of

33-30 administration and the fiscal analysis division of the legislative counsel

33-31 bureau:

33-32 (a) The number of teachers employed;

33-33 (b) The number of teachers employed in order to attain the ratio

33-34 required by subsection 1;

33-35 (c) The number of pupils enrolled; and

33-36 (d) The number of teachers assigned to teach in the same classroom

33-37 with another teacher or in any other arrangement other than one teacher

33-38 assigned to one classroom of pupils,

33-39 during the current school year in kindergarten and grades 1, 2 and 3 for

33-40 each school district.

33-41 Sec. 58. NRS 388.710 is hereby amended to read as follows:

33-42 388.710 1. The state board, in consultation with the boards of

33-43 trustees of the school districts , the community school boards and the

34-1 recognized associations representing licensed educational personnel, after

34-2 receiving comments from the general public, shall determine the data that

34-3 must be monitored by each school district and used to measure the

34-4 effectiveness of the implementation of the plan developed by each school

34-5 district to reduce the pupil-teacher ratio per class in kindergarten and

34-6 grades 1, 2 and 3.

34-7 2. Each school district shall report the data to the state board as

34-8 required by the state board.

34-9 Sec. 59. NRS 388.720 is hereby amended to read as follows:

34-10 388.720 Each school district together with a community school board

34-11 located within the school district, if any, and the recognized associations

34-12 representing licensed educational personnel shall develop a plan to reduce

34-13 the district’s pupil-teacher ratio per class in kindergarten and grades 1, 2

34-14 and 3 within the limits of available financial support specifically set aside

34-15 for this purpose and submit that plan to the state board.

34-16 Sec. 60. NRS 388.795 is hereby amended to read as follows:

34-17 388.795 1. The commission shall establish a plan for the use of

34-18 educational technology in the public schools of this state. In preparing the

34-19 plan, the commission shall consider:

34-20 (a) Plans that have been adopted by the department and the school

34-21 districts in this state;

34-22 (b) Plans that have been adopted in other states, including, but not

34-23 limited to, the Iowa Communications Network;

34-24 (c) The information submitted to the commission by the board of

34-25 trustees of each school district pursuant to subsection 2 of NRS 385.351;

34-26 and

34-27 (d) Any other information that the commission or the committee deems

34-28 relevant to the preparation of the plan.

34-29 2. The plan established by the commission must include

34-30 recommendations for methods to:

34-31 (a) Incorporate educational technology into the public schools of this

34-32 state;

34-33 (b) Increase the number of pupils in the public schools of this state who

34-34 have access to educational technology;

34-35 (c) Increase the availability of educational technology to assist licensed

34-36 teachers and other educational personnel in complying with the

34-37 requirements of continuing education, including, but not limited to, the

34-38 receipt of credit for college courses completed through the use of

34-39 educational technology;

34-40 (d) Facilitate the exchange of ideas to improve the achievement of

34-41 pupils who are enrolled in the public schools of this state; and

34-42 (e) Address the needs of teachers in incorporating the use of educational

34-43 technology in the classroom, including, but not limited to, the completion

35-1 of training that is sufficient to enable the teachers to instruct pupils in the

35-2 use of educational technology.

35-3 3. The department shall provide:

35-4 (a) Administrative support;

35-5 (b) Equipment; and

35-6 (c) Office space,

35-7 as is necessary for the commission to carry out the provisions of this

35-8 section.

35-9 4. The following entities shall cooperate with the commission in

35-10 carrying out the provisions of this section:

35-11 (a) The state board.

35-12 (b) The board of trustees of each school district [.] and a community

35-13 school board located within the school district, if any.

35-14 (c) The superintendent of schools of each school district.

35-15 (d) The department.

35-16 5. The commission shall:

35-17 (a) Develop technical standards for educational technology and any

35-18 electrical or structural appurtenances necessary thereto, including, without

35-19 limitation, uniform specifications for computer hardware and wiring, to

35-20 ensure that such technology is compatible, uniform and can be

35-21 interconnected throughout the public schools of this state.

35-22 (b) Allocate money to the school districts from the trust fund for

35-23 educational technology created pursuant to NRS 388.800 and any money

35-24 appropriated by the legislature for educational technology, subject to any

35-25 priorities for such allocation established by the legislature.

35-26 (c) Establish criteria for the board of trustees of a school district that

35-27 receives an allocation of money from the commission to:

35-28 (1) Repair, replace and maintain computer systems.

35-29 (2) Upgrade and improve computer hardware and software and other

35-30 educational technology.

35-31 (3) Provide training, installation and technical support related to the

35-32 use of educational technology within the district.

35-33 (d) Submit to the governor, the committee and the department its plan

35-34 for the use of educational technology in the public schools of this state and

35-35 any recommendations for legislation.

35-36 (e) Review the plan annually and make revisions as it deems necessary

35-37 or as directed by the committee or the department.

35-38 (f) In addition to the recommendations set forth in the plan pursuant to

35-39 subsection 2, make further recommendations to the committee and the

35-40 department as the commission deems necessary.

35-41 6. As used in this section, "public school" includes the Caliente youth

35-42 center and the Nevada youth training center.

36-1 Sec. 61. NRS 389.010 is hereby amended to read as follows:

36-2 389.010 Except as otherwise provided in section 28 of this act, NRS

36-3 389.170 and 389.180, boards of trustees of school districts and community

36-4 school boards shall enforce in schools the courses of study prescribed and

36-5 adopted by the state board.

36-6 Sec. 62. NRS 389.015 is hereby amended to read as follows:

36-7 389.015 1. The board of trustees of each school district shall

36-8 administer examinations in all public schools of the school district [.] ,

36-9 including, without limitation, the public schools that are located within

36-10 the jurisdiction of a community school board in the school district. The

36-11 governing body of a charter school shall administer the same examinations

36-12 in the charter school. The examinations administered by the board of

36-13 trustees and governing body must determine the achievement and

36-14 proficiency of pupils in:

36-15 (a) Reading;

36-16 (b) Writing;

36-17 (c) Mathematics; and

36-18 (d) Science.

36-19 2. The examinations required by subsection 1 must be:

36-20 (a) Administered before the completion of grades 4, 8, 10 and 11.

36-21 (b) Administered in each school district and each charter school at the

36-22 same time. The time for the administration of the examinations must be

36-23 prescribed by the state board.

36-24 (c) Administered in each school in accordance with uniform procedures

36-25 adopted by the state board. The department shall monitor the compliance

36-26 of school districts and individual schools with the uniform procedures.

36-27 (d) Scored by the department or a single private entity that has

36-28 contracted with the state board to score the examinations. If a private entity

36-29 scores the examinations, it shall report the results of the examinations in

36-30 the form and by the date required by the department.

36-31 3. Not more than 14 working days after the results of the examinations

36-32 are reported to the department by a private entity that scored the

36-33 examinations or the department completes the scoring of the examinations,

36-34 the superintendent of public instruction shall certify that the results of the

36-35 examinations have been transmitted to each school district and each charter

36-36 school. Not more than 10 working days after a school district receives the

36-37 results of the examinations, the superintendent of public instruction shall

36-38 certify that the results of the examinations have been transmitted to each

36-39 school within the school district. Not more than 10 working days after each

36-40 school receives the results of the examinations, the principal of each school

36-41 and the governing body of each charter school shall certify that the results

36-42 for each pupil have been provided to the parent or legal guardian of the

36-43 pupil:

37-1 (a) During a conference between the teacher of the pupil or

37-2 administrator of the school and the parent or legal guardian of the pupil; or

37-3 (b) By mailing the results of the examinations to the last known address

37-4 of the parent or legal guardian of the pupil.

37-5 4. Different standards of proficiency may be adopted for pupils with

37-6 diagnosed learning disabilities. If different standards of proficiency are

37-7 adopted or other modifications or accommodations are made in the

37-8 administration of the examinations for a pupil who is enrolled in a program

37-9 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

37-10 than a gifted and talented pupil, the different standards adopted or other

37-11 modifications or accommodations must be set forth in the pupil’s program

37-12 of special education developed in accordance with the Individuals with

37-13 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

37-14 prescribed by the state board.

37-15 5. If a pupil fails to demonstrate at least adequate achievement on the

37-16 examination administered before the completion of grade 4, 8 or 10, he

37-17 may be promoted to the next higher grade, but the results of his

37-18 examination must be evaluated to determine what remedial study is

37-19 appropriate. If such a pupil is enrolled at a school that has been designated

37-20 as demonstrating inadequate achievement pursuant to NRS 385.367 the

37-21 pupil must, in accordance with the requirements set forth in this

37-22 subsection, complete a program of remedial study pursuant to NRS

37-23 385.389.

37-24 6. If a pupil fails to pass the proficiency examination administered

37-25 before the completion of grade 11, he must not be graduated until he is

37-26 able, through remedial study, to pass the proficiency examination, but he

37-27 may be given a certificate of attendance, in place of a diploma, if he has

37-28 reached the age of 17 years.

37-29 7. The state board shall prescribe standard examinations of

37-30 achievement and proficiency to be administered pursuant to subsection 1.

37-31 The examinations on reading, mathematics and science prescribed for

37-32 grades 4, 8 and 10 must be selected from examinations created by private

37-33 entities and administered to a national reference group, and must allow for

37-34 a comparison of the achievement and proficiency of pupils in grades 4, 8

37-35 and 10 in this state to that of a national reference group of pupils in grades

37-36 4, 8 and 10. The questions contained in the examinations and the approved

37-37 answers used for grading them are confidential, and disclosure is unlawful

37-38 except:

37-39 (a) To the extent necessary for administering and evaluating the

37-40 examinations.

37-41 (b) That a disclosure may be made to a state officer who is a member of

37-42 the executive or legislative branch to the extent that it is related to the

37-43 performance of that officer’s duties.

38-1 (c) That specific questions and answers may be disclosed if the

38-2 superintendent of public instruction determines that the content of the

38-3 questions and answers is not being used in a current examination and

38-4 making the content available to the public poses no threat to the security of

38-5 the current examination process.

38-6 Sec. 63. NRS 389.017 is hereby amended to read as follows:

38-7 389.017 1. The state board shall prescribe regulations requiring that

38-8 each board of trustees of a school district and each governing body of a

38-9 charter school submit to the superintendent of public instruction and the

38-10 department, in the form and manner prescribed by the superintendent, the

38-11 results of achievement and proficiency examinations given in the 4th, 8th,

38-12 10th and 11th grades to pupils who are enrolled in public [school pupils]

38-13 schools of the district , including, without limitation, public schools

38-14 within the jurisdiction of a community school board in the school district

38-15 and charter schools. The state board shall not include in the regulations any

38-16 provision which would violate the confidentiality of the test scores of any

38-17 individual pupil.

38-18 2. The results of examinations administered to all pupils must be

38-19 reported for each school, including, without limitation, each charter school

38-20 [,] and each school within the jurisdiction of a community school board,

38-21 school district and this state as follows:

38-22 (a) The average score of pupils with disabilities for whom different

38-23 standards of achievement are adopted or other modifications or

38-24 accommodations are made if such reporting does not violate the

38-25 confidentiality of the test scores of any individual pupil;

38-26 (b) The average score of pupils for whom different standards of

38-27 achievement were not adopted or other modifications or accommodations

38-28 were not made; and

38-29 (c) The average score of all pupils who were tested.

38-30 3. On or before November 1 of each year, each school district and

38-31 each charter school shall report to the department the following

38-32 information for each examination administered in the public schools in the

38-33 school district or charter school:

38-34 (a) The examination administered;

38-35 (b) The grade level or levels of pupils to whom the examination was

38-36 administered;

38-37 (c) The costs incurred by the school district or charter school in

38-38 administering each examination; and

38-39 (d) The purpose, if any, for which the results of the examination are

38-40 used by the school district or charter school.

38-41 On or before December 1 of each year, the department shall transmit to the

38-42 budget division of the department of administration and the fiscal analysis

39-1 division of the legislative counsel bureau the information submitted to the

39-2 department pursuant to this subsection.

39-3 4. The superintendent of schools of each school district and the

39-4 governing body of each charter school shall certify that the number of

39-5 pupils who took the examinations required pursuant to NRS 389.015 is

39-6 equal to the number of pupils who are enrolled in each school in the school

39-7 district or in the charter school who are required to take the examinations

39-8 except for those pupils who are exempt from taking the examinations. A

39-9 pupil may be exempt from taking the examinations if:

39-10 (a) His proficiency in the English language is below the average

39-11 proficiency of pupils at the same grade level; or

39-12 (b) He is enrolled in a program of special education pursuant to NRS

39-13 388.440 to 388.520, inclusive, and his program of special education

39-14 specifies that he is exempt from taking the examinations.

39-15 5. In addition to the information required by subsection 3, the

39-16 superintendent of public instruction shall:

39-17 (a) Report the number of pupils who were not exempt from taking the

39-18 examinations but were absent from school on the day that the examinations

39-19 were administered; and

39-20 (b) Reconcile the number of pupils who were required to take the

39-21 examinations with the number of pupils who were exempt from taking the

39-22 examinations or absent from school on the day that the examinations were

39-23 administered.

39-24 Sec. 64. NRS 389.025 is hereby amended to read as follows:

39-25 389.025 1. The state board may, by regulation, require to be

39-26 included in the existing course of study for American government at the

39-27 secondary level, instruction relating to violent and other crimes.

39-28 2. The instruction may be developed respectively by the board of

39-29 trustees of each school district and each community school board and may

39-30 include information regarding those acts that constitute violent and other

39-31 crimes in the State of Nevada, the maximum punishments established by

39-32 law for the commission of such acts and the physiological and

39-33 psychological effects which a victim, and the family of a victim, of a

39-34 violent crime may suffer.

39-35 Sec. 65. NRS 389.060 is hereby amended to read as follows:

39-36 389.060 1. Except as otherwise provided in subsection 2, physiology

39-37 and hygiene must be taught in the public schools of this state, and special

39-38 attention must be given to the effects of controlled substances upon the

39-39 human system. The instruction must include the basic emergency care of a

39-40 person in cardiac arrest, including the administering of cardiopulmonary

39-41 resuscitation, in accordance with the standards of the American Heart

39-42 Association or the American National Red Cross. The certification of

40-1 pupils in the techniques of administering cardiopulmonary resuscitation is

40-2 not required.

40-3 2. A pupil may be excused from instruction in the basic emergency

40-4 care of a person in cardiac arrest if a parent or guardian of the pupil

40-5 submits to the board of trustees of the school district , or if the pupil is

40-6 enrolled in a public school that is within the jurisdiction of a community

40-7 school board, to the community school board, a written statement

40-8 indicating that such instruction is not in conformity with the religious

40-9 beliefs of the parent or guardian.

40-10 Sec. 66. NRS 389.065 is hereby amended to read as follows:

40-11 389.065 1. The board of trustees of [a] each school district and each

40-12 community school board shall establish a course or unit of a course of:

40-13 (a) Factual instruction concerning acquired immune deficiency

40-14 syndrome; and

40-15 (b) Instruction on the human reproductive system, related

40-16 communicable diseases and sexual responsibility.

40-17 2. [Each] The board of trustees of each school district and each

40-18 community school board shall appoint an advisory committee consisting

40-19 of:

40-20 (a) Five parents of children who attend schools in the district [;] or in a

40-21 high school attendance zone that is within the jurisdiction of the

40-22 community school board; and

40-23 (b) Four representatives, one from each of four of the following

40-24 professions or occupations:

40-25 (1) Medicine or nursing;

40-26 (2) Counseling;

40-27 (3) Religion;

40-28 (4) Pupils who attend schools in the district [;] or a high school

40-29 attendance zone that is within the jurisdiction of the community school

40-30 board; or

40-31 (5) Teaching.

40-32 [This] The advisory committee shall advise the board of trustees of the

40-33 school district or the community school board concerning the content of

40-34 and materials to be used in a course of instruction established pursuant to

40-35 this section, and the recommended ages of the pupils to whom the course is

40-36 offered. The final decision on these matters must be that of the board of

40-37 trustees [.] or the community school board.

40-38 3. The subjects of the courses may be taught only by a teacher or

40-39 school nurse whose qualifications have been previously approved by the

40-40 board of trustees [.] of a school district or community school board.

40-41 4. The parent or guardian of each pupil to whom a course is offered

40-42 must first be furnished written notice that the course will be offered. The

40-43 notice must be given in the usual manner used by the [local] board of

41-1 trustees of the school district or community school board to transmit

41-2 written material to parents, and must contain a form for the signature of the

41-3 parent or guardian of the pupil consenting to his attendance. Upon receipt

41-4 of the written consent of the parent or guardian, the pupil may attend the

41-5 course. If the written consent of the parent or guardian is not received, he

41-6 must be excused from such attendance without any penalty as to credits or

41-7 academic standing. Any course offered pursuant to this section is not a

41-8 requirement for graduation.

41-9 5. All instructional materials to be used in a course must be available

41-10 for inspection by parents or guardians of pupils at reasonable times and

41-11 locations before the course is taught, and appropriate written notice of the

41-12 availability of the material must be furnished to all parents and guardians.

41-13 Sec. 67. NRS 389.075 is hereby amended to read as follows:

41-14 389.075 1. The board of trustees of [a] each school district and each

41-15 community school board shall establish a program of instruction relating

41-16 to child abuse for pupils in kindergarten and grades 1 to 6, inclusive [.] ,

41-17 who are enrolled in public schools within their jurisdiction.

41-18 2. The program must include, without limitation, instruction relating to

41-19 the types of child abuse and the methods used to recognize, report, prevent

41-20 and stop child abuse.

41-21 Sec. 68. NRS 389.080 is hereby amended to read as follows:

41-22 389.080 1. The economics of the American system of free enterprise

41-23 must be taught in all [of] the public high schools in this state.

41-24 2. The lessons must:

41-25 (a) Emphasize the benefits of free enterprise as compared to other

41-26 economic systems;

41-27 (b) Teach the principles of the profit motive and competition and the

41-28 way in which investments generate progress and growth in the economy;

41-29 (c) Introduce pupils to the principles of owning and operating a small

41-30 business; and

41-31 (d) Provide instruction in personal finance, including the services

41-32 available from financial institutions and the methods of obtaining and

41-33 using those services.

41-34 3. Administrators and teachers who are charged with providing the

41-35 instruction required by this section may communicate with persons in the

41-36 community who are engaged in business, and with labor organizations,

41-37 chambers of commerce and other service organizations to obtain speakers

41-38 and other assistance in carrying out the requirements of this section.

41-39 4. [The] Except as otherwise provided in subsection 5, the

41-40 superintendent of each school district in this state shall determine the

41-41 manner in which the instruction required by this section will be provided in

41-42 the high schools of his school district.

42-1 5. A community school board shall determine the manner in which

42-2 the instruction required by this section will be provided in the high

42-3 schools within the jurisdiction of the community school board.

42-4 Sec. 69. NRS 389.085 is hereby amended to read as follows:

42-5 389.085 1. The automobile driver education program is hereby

42-6 established to assist school districts and charter schools in this state which

42-7 establish and maintain automobile driver education classes. Money for the

42-8 automobile driver education program must be provided by direct

42-9 legislative appropriation.

42-10 2. The state board may direct the superintendent of public instruction

42-11 to make semiannual apportionments, payable on or before February 1 and

42-12 July 1 of each year, to the several school districts and charter schools. The

42-13 semiannual apportionment made on or before February 1 must be made on

42-14 the basis of $15 times the number of estimated pupil completions in the

42-15 district and charter schools during the current school year, which must be

42-16 estimated by the superintendent. The semiannual apportionment made on

42-17 or before July 1 must be made on the basis of $35 times the actual number

42-18 of pupil completions in the district and charter schools during the current

42-19 year, less any amount previously apportioned to the district or charter

42-20 school for estimated pupil completions during the current school year.

42-21 3. If the money available for the automobile driver education program

42-22 is not sufficient to make full current school year apportionments, as

42-23 determined pursuant to subsection 2, apportionment payments to the

42-24 various school districts and charter schools must be prorated so that each

42-25 school district and charter school is apportioned the same amount per pupil

42-26 completion, such amount to be derived by dividing the total money

42-27 available by the total number of completions during the current school

42-28 year.

42-29 4. Money received by school districts and charter schools for the

42-30 automobile driver education program [must] :

42-31 (a) Must not be expended for the purchase or repair of motor vehicles

42-32 or the purchase or repair of automobile driver education training

42-33 equipment.

42-34 (b) In a school district that contains a community school board, must

42-35 be divided in proportion to the total number of pupil completions in the

42-36 public schools located in each high school attendance zone that is within

42-37 the jurisdiction of the board of trustees of the school district and the

42-38 public schools located in each high school attendance zone that is within

42-39 the jurisdiction of the community school board.

42-40 Sec. 70. NRS 389.090 is hereby amended to read as follows:

42-41 389.090 1. The state board shall adopt regulations governing the

42-42 establishment, conduct and scope of automobile driver education in the

42-43 public schools of this state.

43-1 2. The aims and purposes of automobile driver education are to

43-2 develop the knowledge, attitudes, habits and skills necessary for the safe

43-3 operation of motor vehicles.

43-4 3. The board of trustees of a school district and a community school

43-5 board may establish and maintain automobile driver education classes

43-6 during regular semesters and summer sessions and during the regular

43-7 school day and at times other than during the regular school day for:

43-8 (a) Pupils enrolled in the regular full-time day high schools in the

43-9 school district [.] or high school attendance zone that is within the

43-10 jurisdiction of the community school board.

43-11 (b) Pupils enrolled in summer classes conducted in high schools in the

43-12 school district [.] or high school attendance zone that is within the

43-13 jurisdiction of the community school board.

43-14 A board of trustees of a school district or a community school board

43-15 maintaining courses in automobile driver education shall insure against any

43-16 liability arising out of the use of motor vehicles in connection with those

43-17 courses. The cost of the insurance must be paid from available school

43-18 district funds.

43-19 4. A governing body of a charter school may establish and maintain

43-20 automobile driver education classes if the governing body insures against

43-21 any liability arising out of the use of motor vehicles in connection with

43-22 those courses.

43-23 5. Automobile driver education must be provided by boards of trustees

43-24 of school districts , community school boards and governing bodies of

43-25 charter schools in accordance with the regulations of the state board and

43-26 may not be duplicated by any other agency, department, commission or

43-27 officer of the State of Nevada.

43-28 6. Each course in automobile driver education provided by a board of

43-29 trustees of a school district , a community school board or a governing

43-30 body of a charter school must include, without limitation, instruction in:

43-31 (a) Motor vehicle insurance.

43-32 (b) The effect of drugs and alcohol on an operator of a motor vehicle.

43-33 7. Each course in automobile driver education provided by a board of

43-34 trustees of a school district , a community school board or a governing

43-35 body of a charter school must be restricted to pupils who are sophomores,

43-36 juniors or seniors in high school.

43-37 Sec. 71. NRS 389.100 is hereby amended to read as follows:

43-38 389.100 1. The legislature finds as facts:

43-39 (a) That the successful completion of an approved automobile driver

43-40 education course by a pupil offers a direct financial benefit to his parents

43-41 or other responsible adult through the reduction of insurance premiums.

44-1 (b) That the imposition of a laboratory fee as a prerequisite to an

44-2 elective course in driver education does not violate the requirements of

44-3 article 11 of the constitution of the State of Nevada.

44-4 2. The board of trustees of any school district , a community school

44-5 board and the governing body of any charter school may establish a

44-6 laboratory fee to be charged each pupil enrolling for an automobile driver

44-7 education course which must not exceed the actual cost per pupil of

44-8 providing the laboratory portion of the course.

44-9 Sec. 72. NRS 389.155 is hereby amended to read as follows:

44-10 389.155 1. The state board shall, by regulation, establish a program

44-11 pursuant to which a pupil enrolled full time in high school may complete

44-12 any required or elective course by independent study outside of the normal

44-13 classroom setting.

44-14 2. The regulations must require that:

44-15 (a) The teacher of the course assign to the pupil the work assignments

44-16 necessary to complete the course; and

44-17 (b) The pupil and teacher meet or otherwise communicate with each

44-18 other at least once each week during the course to discuss the pupil’s

44-19 progress.

44-20 3. The board of trustees in each school district and each community

44-21 school board may, in accordance with the regulations adopted pursuant to

44-22 subsections 1 and 2, provide for independent study by pupils enrolled full

44-23 time in high schools [in its district.] within their respective jurisdictions. A

44-24 board of trustees or a community school board that chooses to allow such

44-25 study may provide that:

44-26 (a) The pupils participating in the independent study be given

44-27 instruction individually or in a group.

44-28 (b) The independent study be offered during the regular school day.

44-29 Sec. 73. NRS 389.160 is hereby amended to read as follows:

44-30 389.160 1. A pupil enrolled in high school who successfully

44-31 completes a course of education offered by a community college or

44-32 university in this state which has been approved pursuant to subsection 2,

44-33 must be allowed to apply the credit received for the course so completed to

44-34 the total number of credits required for graduation from high school.

44-35 2. With the approval of the state board, the board of trustees of each

44-36 [county] school district and each community school board shall prescribe

44-37 the courses for which credits may be received pursuant to subsection 1 [,]

44-38 within their jurisdiction, including occupational courses for academic

44-39 credit, and the amount of credit allowed for the completion of those

44-40 courses.

44-41 Sec. 74. NRS 389.165 is hereby amended to read as follows:

44-42 389.165 1. A pupil enrolled in high school who successfully

44-43 completes a community service project which has been approved pursuant

45-1 to this section must be allowed to apply not more than one credit received

45-2 for the completion of the project toward the total number of credits

45-3 required for graduation from high school. The credit must be applied

45-4 toward the pupil’s elective course credits and not toward a course that is

45-5 required for graduation from high school. A pupil may not receive credit

45-6 for the completion of a community service project if the project duplicates

45-7 a course of study in which the pupil has received instruction.

45-8 2. With the approval of the state board, the board of trustees of each

45-9 school district and each community school board shall prescribe for the

45-10 [district] public schools within their jurisdiction the:

45-11 (a) Community service projects for which credit will be granted;

45-12 (b) Amount of credit which will be granted upon completion of each

45-13 project;

45-14 (c) Rules regarding how a pupil may apply for such credit upon

45-15 completion of a community service project; and

45-16 (d) Procedures for obtaining the consent of a parent or legal guardian of

45-17 a pupil before the pupil may participate in a community service project for

45-18 which credit will be granted.

45-19 Sec. 75. NRS 389.170 is hereby amended to read as follows:

45-20 389.170 1. The state board shall, by regulation, establish a course of

45-21 study in technology.

45-22 2. The course of study may:

45-23 (a) Include such subjects as the latest technological advances in the

45-24 areas of:

45-25 (1) Agriculture;

45-26 (2) Medicine;

45-27 (3) Processing and preserving food;

45-28 (4) Processing information;

45-29 (5) Photography;

45-30 (6) Graphic and electronic communications;

45-31 (7) Construction;

45-32 (8) Energy; and

45-33 (9) Manufacturing and transportation; and

45-34 (b) Provide pupils with the opportunity to design, develop, maintain and

45-35 operate technological systems in these areas.

45-36 3. The instruction required by this section must be made available to

45-37 each pupil before his completion of the [8th] eighth grade. The board of

45-38 trustees of a school district or a community school board may direct that

45-39 the course of study be given over a 3-year period during the [6th, 7th and

45-40 8th] sixth, seventh and eighth grades.

45-41 4. The board of trustees in each school district and each community

45-42 school board shall incorporate into the curriculum in the public schools

45-43 within their jurisdiction the course of study within the limits of money

46-1 made available to the [district] board of trustees or community school

46-2 board by the legislature for that purpose.

46-3 Sec. 76. NRS 389.180 is hereby amended to read as follows:

46-4 389.180 1. The state board shall, by regulation, establish a course of

46-5 study in occupational guidance and counseling.

46-6 2. The board of trustees of each school district and each community

46-7 school board shall establish the curriculum for the course of study in [that

46-8 district.] the public schools within their jurisdiction. The curriculum must

46-9 be organized and, with the assistance of teachers, administrators, pupils,

46-10 parents and the business community, coordinated by licensed school

46-11 counselors who shall provide instruction and activities designed to:

46-12 (a) Promote normal growth and development.

46-13 (b) Promote positive mental and physical health.

46-14 (c) Provide each pupil with knowledge and skills which permit him to

46-15 control his own destiny.

46-16 (d) Assist each pupil to plan, monitor and manage his personal,

46-17 educational and occupational development.

46-18 (e) Meet the immediate needs and concerns of each pupil, whether his

46-19 needs or concerns require counseling, consultation, referral or information.

46-20 (f) Provide counselors, teachers and support staff with the knowledge

46-21 and skills required to maintain and improve the course.

46-22 (g) Provide such other related assistance and instruction as is deemed

46-23 necessary.

46-24 3. The instruction required by this section must be made available for

46-25 each pupil in grades 7 to 12, inclusive.

46-26 4. The board of trustees in each school district and each community

46-27 school board shall organize and offer the curriculum within the limits of

46-28 money made available to the [district] board of trustees or community

46-29 school board by the legislature for that purpose.

46-30 Sec. 77. NRS 389.190 is hereby amended to read as follows:

46-31 389.190 1. The state board shall, by regulation, establish a course of

46-32 study in adult roles and responsibilities. The course of study must be

46-33 designed to prepare pupils for their potential roles as parents and as

46-34 members of family groups.

46-35 2. The board of trustees of each school district and each community

46-36 school board shall establish the curriculum for the course of study in [that

46-37 district.] the public schools within their jurisdiction. The curriculum must

46-38 be organized with the assistance of teachers, administrators, licensed

46-39 school counselors, pupils and parents, and include instruction in the

46-40 following areas:

46-41 (a) Personal and family management, including identifying values,

46-42 setting goals, understanding oneself, developing personal assets and

46-43 balancing the responsibilities of work and family;

47-1 (b) Skills for daily living and coping with stress, including problem

47-2 solving, decision making, positive communication and conflict resolution;

47-3 (c) Money management, including identifying personal assets, financial

47-4 goals and effective consumer practices relating to credit, taxes, savings and

47-5 investments;

47-6 (d) Establishing and maintaining relationships, including marriage,

47-7 relationships at a job and within the community, and relationships with

47-8 friends, peers, family and extended family; and

47-9 (e) Skills and knowledge relating to the relationship between a parent

47-10 and child, including the growth and development of children, skills needed

47-11 to be an effective parent, and the responsibilities of parenthood.

47-12 3. The instruction required by this section:

47-13 (a) Must be made available to each pupil at some time after his

47-14 completion of grade 5 and before his completion of grade 12; and

47-15 (b) May be included as a part of an existing course of study or

47-16 presented as a separate course of study.

47-17 Sec. 78. NRS 390.220 is hereby amended to read as follows:

47-18 390.220 Boards of trustees of school districts and community school

47-19 boards in this state shall enforce in the public schools, excluding charter

47-20 schools, the use of textbooks prescribed and adopted by the state board.

47-21 Sec. 79. Chapter 391 of NRS is hereby amended by adding thereto a

47-22 new section to read as follows:

47-23 1. A community school board may make employment decisions with

47-24 regard to the employment of legally qualified administrative personnel

47-25 for employment in the public schools within the jurisdiction of the

47-26 community school board. The provisions of the collective bargaining

47-27 agreement or contract entered into by the board of trustees of the school

47-28 district and the employee govern the terms and conditions of employment

47-29 with the community school board. All employees in a public school that is

47-30 within the jurisdiction of a community school board shall be deemed

47-31 employees of the school district in which the community school board is

47-32 located.

47-33 2. A community school board may not hire administrators for any

47-34 school year commencing after the expiration of the time for which any

47-35 member of the community school board was elected or appointed.

47-36 3. On or before November 15 of each year, the school district shall

47-37 submit to the department, in a form prescribed by the superintendent of

47-38 public instruction, the following information for each licensed employee

47-39 who is employed in a public school that is within the jurisdiction of a

47-40 community school board on October 1 of that year:

47-41 (a) The amount of the salary of the employee; and

47-42 (b) The designated assignment, as that term is defined by the

47-43 department, of the employee.

48-1 Sec. 80. NRS 391.080 is hereby amended to read as follows:

48-2 391.080 1. Each teacher or other licensed employee employed in this

48-3 state whose compensation is payable out of public money, except teachers

48-4 employed pursuant to the provisions of NRS 391.070, must take and

48-5 subscribe to the constitutional oath of office before entering upon the

48-6 discharge of his duties.

48-7 2. The oath of office, when taken and subscribed, must be filed with

48-8 the department . [of education.]

48-9 3. The superintendent of public instruction, his deputy superintendents

48-10 and other members of the professional staff of the department designated

48-11 by the superintendent, members of boards of trustees of school districts,

48-12 members of community school boards, superintendents of schools,

48-13 principals of schools and notaries public may administer the oath of office

48-14 to teachers and other licensed employees.

48-15 Sec. 81. NRS 391.100 is hereby amended to read as follows:

48-16 391.100 1. The board of trustees of a school district may employ a

48-17 superintendent of schools, teachers and all other necessary employees. The

48-18 superintendent of schools and nonlicensed employees of the school

48-19 district, as appropriate, shall provide administrative assistance to any

48-20 community school board formed within the district.

48-21 2. A community school board may make decisions with regard to the

48-22 employment of administrative personnel for employment in the schools

48-23 located within the jurisdiction of the community school board.

48-24 3. The board of trustees of a school district:

48-25 (a) May employ teacher aides and other auxiliary, nonprofessional

48-26 personnel to assist licensed personnel in the instruction or supervision of

48-27 children, either in the classroom or at any other place in the school or on

48-28 the grounds thereof; and

48-29 (b) Shall establish policies governing the duties and performance of

48-30 teacher aides.

48-31 [3.] 4. Each applicant for employment pursuant to this section, except

48-32 a teacher or other person licensed by the superintendent of public

48-33 instruction, must, as a condition to employment, submit to the school

48-34 district a full set of his fingerprints and written permission authorizing the

48-35 school district to forward the fingerprints to the Federal Bureau of

48-36 Investigation and the central repository for Nevada records of criminal

48-37 history for their reports on the criminal history of the applicant.

48-38 [4.] 5. The board of trustees of a school district may employ or appoint

48-39 persons to serve as school police officers.

48-40 Sec. 82. NRS 391.180 is hereby amended to read as follows:

48-41 391.180 1. As used in this section, "employee" means any employee

48-42 of a school district or charter school in this state. In references to a school

48-43 district in which a community school board has been formed, "employee"

49-1 means an administrator who is employed at a public school within the

49-2 jurisdiction of the community school board.

49-3 2. A school month in any public school in this state consists of 4

49-4 weeks of 5 days each.

49-5 3. Nothing contained in this section prohibits the payment of

49-6 employees’ compensation in 12 equal monthly payments for 9 or more

49-7 months’ work.

49-8 4. The per diem deduction from the salary of an employee because of

49-9 absence from service for reasons other than those specified in this section

49-10 is that proportion of the yearly salary which is determined by the ratio

49-11 between the duration of the absence and the total number of contracted

49-12 work days in the year.

49-13 5. Boards of trustees of school districts shall either prescribe by

49-14 regulation or negotiate pursuant to chapter 288 of NRS, with respect to

49-15 sick leave, accumulation of sick leave, payment for unused sick leave,

49-16 sabbatical leave, personal leave, professional leave, military leave and such

49-17 other leave as they determine to be necessary or desirable for employees.

49-18 The regulations or terms of a contract negotiated pursuant to chapter

49-19 288 of NRS govern the leave of persons who are employed by a

49-20 community school board.

49-21 6. The salary of any employee unavoidably absent because of personal

49-22 illness or accident, or because of serious illness, accident or death in the

49-23 family, may be paid up to the number of days of sick leave accumulated by

49-24 the employee. An employee may not be credited with more than 15 days of

49-25 sick leave in any 1 school year. Except as otherwise provided in this

49-26 subsection, if an employee takes a position with another school district or

49-27 charter school, all sick leave that he has accumulated must be transferred

49-28 from his former school district or charter school to his new school district

49-29 or charter school. The amount of sick leave so transferred may not exceed

49-30 the maximum amount of sick leave which may be carried forward from

49-31 one year to the next according to the applicable negotiated agreement or

49-32 the policy of the district or charter school into which the employee

49-33 transferred. Unless the applicable negotiated agreement or policy of the

49-34 employing district or charter school provides otherwise, such an employee:

49-35 (a) Shall first use the sick leave credited to the employee from the

49-36 district or charter school into which he transferred before using any of the

49-37 transferred leave; and

49-38 (b) Is not entitled to compensation for any sick leave transferred

49-39 pursuant to this subsection.

49-40 7. Subject to the provisions of subsection 8:

49-41 (a) If an intermission of less than 6 days is ordered by the board of

49-42 trustees of a school district , a community school board or the governing

50-1 body of a charter school for any good reason, no deduction of salary may

50-2 be made therefor.

50-3 (b) If, on account of sickness, epidemic or other emergency in the

50-4 community, a longer intermission is ordered by the board of trustees of a

50-5 school district, a community school board, the governing body of a charter

50-6 school or a board of health and the intermission or closing does not exceed

50-7 30 days at any one time, there may be no deduction or discontinuance of

50-8 salaries.

50-9 8. If the board of trustees of a school district , a community school

50-10 board or the governing body of a charter school orders an extension of the

50-11 number of days of school to compensate for the days lost as the result of an

50-12 intermission because of those reasons contained in paragraph (b) of

50-13 subsection 7, an employee may be required to render his services to the

50-14 school district or charter school during that extended period. If the salary

50-15 of the employee was continued during the period of intermission as

50-16 provided in subsection 7, the employee is not entitled to additional

50-17 compensation for services rendered during the extended period.

50-18 9. If any subject referred to in this section is included in an agreement

50-19 or contract negotiated by:

50-20 (a) The board of trustees of a school district pursuant to chapter 288 of

50-21 NRS; or

50-22 (b) The governing body of a charter school pursuant to NRS 386.595,

50-23 the provisions of the agreement or contract regarding that subject

50-24 supersede any conflicting provisions of this section or of a regulation of

50-25 the board of trustees.

50-26 Sec. 83. NRS 391.210 is hereby amended to read as follows:

50-27 391.210 [The]

50-28 1. Except as otherwise provided in subsection 2, the board of trustees

50-29 of a school district may direct the administrators, principals, teachers and

50-30 other licensed personnel employed by them to exercise such powers and

50-31 authority in the schools as the board of trustees has under this Title of

50-32 NRS.

50-33 2. A community school board may direct the principals and other

50-34 administrators employed in public schools located within the jurisdiction

50-35 of the community school board to exercise such powers and authority in

50-36 the schools as the community school board has under this Title of NRS.

50-37 Sec. 84. NRS 391.240 is hereby amended to read as follows:

50-38 391.240 Each teacher in the public schools shall keep a true, full and

50-39 correct register of all pupils attending such school as required by the board

50-40 of trustees of the school district or a community school board in

50-41 accordance with the regulations prescribed by the superintendent of public

50-42 instruction.

51-1 Sec. 85. NRS 391.273 is hereby amended to read as follows:

51-2 391.273 1. Unless specifically exempted pursuant to subsection 4,

51-3 the unlicensed personnel of a school district must be directly supervised by

51-4 licensed personnel in all duties which are instructional in nature. To the

51-5 extent practicable, the direct supervision must be such that the unlicensed

51-6 personnel are in the immediate location of the licensed personnel and are

51-7 readily available during such times when supervision is required.

51-8 2. Unlicensed personnel who are exempted pursuant to subsection 4

51-9 must be under administrative supervision when performing duties which

51-10 are instructional in nature.

51-11 3. Unlicensed personnel may temporarily perform duties under

51-12 administrative supervision which are not primarily instructional in nature.

51-13 4. Upon application by a superintendent of schools, the superintendent

51-14 of public instruction may grant an exemption from the provisions of

51-15 subsection 1. The superintendent shall not grant an exemption unless:

51-16 (a) The duties are within the employee’s special expertise or training;

51-17 (b) The duties relate to the humanities or an elective course of study, or

51-18 are supplemental to the basic curriculum of a school;

51-19 (c) The performance of the duties does not result in the replacement of a

51-20 licensed employee or prevent the employment of a licensed person willing

51-21 to perform those duties;

51-22 (d) The secondary or combined school in which the duties will be

51-23 performed has less than 100 pupils enrolled and is at least 30 miles from a

51-24 school in which the duties are performed by licensed personnel; and

51-25 (e) The unlicensed employee submits his fingerprints for an

51-26 investigation pursuant to NRS 391.033.

51-27 5. The superintendent of public instruction shall file a record of all

51-28 exempt personnel with the clerk of the board of trustees of each local

51-29 school district [,] and each community school board and advise the clerk

51-30 and the community school board of any changes therein. The record must

51-31 contain:

51-32 (a) The name of the exempt employee;

51-33 (b) The specific instructional duties he may perform;

51-34 (c) Any terms or conditions of the exemption deemed appropriate by

51-35 the superintendent of public instruction; and

51-36 (d) The date the exemption expires or a statement that the exemption is

51-37 valid as long as the employee remains in the same position at the same

51-38 school.

51-39 6. The superintendent of public instruction may adopt regulations

51-40 prescribing the procedure to apply for an exemption pursuant to this

51-41 section and the criteria for the granting of such exemptions.

51-42 7. Except in an emergency, it is unlawful for the board of trustees of a

51-43 school district or a community school board to allow a person employed

52-1 as a teacher’s aide to serve as a teacher unless the person is a legally

52-2 qualified teacher licensed by the superintendent of public instruction. As

52-3 used in this subsection, "emergency" means an unforeseen circumstance

52-4 which requires immediate action and includes the fact that a licensed

52-5 teacher or substitute teacher is not immediately available.

52-6 8. If the superintendent of public instruction determines that the board

52-7 of trustees of a school district or a community school board has violated

52-8 the provisions of subsection 7, he shall take such actions as are necessary

52-9 to reduce the amount of money received by the district or the community

52-10 school board pursuant to NRS 387.124 by an amount equal to the product

52-11 when the following numbers are multiplied together:

52-12 (a) The number of days on which the violation occurred;

52-13 (b) The number of pupils in the classroom taught by the teacher’s aide;

52-14 and

52-15 (c) The number of dollars of basic support apportioned to the district

52-16 per pupil per day pursuant to NRS 387.1233.

52-17 Sec. 86. NRS 391.311 is hereby amended to read as follows:

52-18 391.311 As used in NRS 391.3115 to 391.3197, inclusive, unless the

52-19 context otherwise requires:

52-20 1. "Administrator" means any employee who holds a license as an

52-21 administrator and who is employed in that capacity by a school district.

52-22 The term includes an administrator who is employed in a public school

52-23 located within the jurisdiction of a community school board.

52-24 2. "Board" means the board of trustees of the school district in which a

52-25 licensed employee affected by NRS 391.311 to 391.3197, inclusive, is

52-26 employed.

52-27 3. "Demotion" means demotion of an administrator to a position of

52-28 lesser rank, responsibility or pay and does not include transfer or

52-29 reassignment for purposes of an administrative reorganization.

52-30 4. "Immorality" means an act forbidden by NRS 200.366, 200.368,

52-31 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265

52-32 or 207.260.

52-33 5. "Postprobationary employee" means an administrator or a teacher

52-34 who has completed the probationary period as provided in NRS 391.3197

52-35 and has been given notice of reemployment.

52-36 6. "Probationary employee" means an administrator or a teacher who

52-37 is employed for the period set forth in NRS 391.3197.

52-38 7. "Superintendent" means the superintendent of a school district or a

52-39 person designated by the board or superintendent to act as superintendent

52-40 during the absence of the superintendent.

52-41 8. "Teacher" means a licensed employee the majority of whose

52-42 working time is devoted to the rendering of direct educational service to

52-43 pupils of a school district. The term includes a teacher who is employed

53-1 by a school district in a public school located within the jurisdiction of a

53-2 community school board.

53-3 Sec. 87. NRS 391.314 is hereby amended to read as follows:

53-4 391.314 1. If a superintendent has reason to believe that cause exists

53-5 for the dismissal of a licensed employee , excluding an administrator who

53-6 is employed by a community school board, and he is of the opinion that

53-7 the immediate suspension of the employee is necessary in the best interests

53-8 of the pupils in the district, the superintendent may suspend the employee

53-9 without notice and without a hearing. Notwithstanding the provisions of

53-10 NRS 391.312, a superintendent may suspend a licensed employee , except

53-11 an administrator who is employed by a community school board, who has

53-12 been officially charged but not yet convicted of a felony or a crime

53-13 involving moral turpitude or immorality. If the charge is dismissed or if the

53-14 employee is found not guilty, he must be reinstated with back pay, plus

53-15 interest, and normal seniority. The superintendent shall notify the

53-16 employee in writing of the suspension.

53-17 2. Within 5 days after a suspension becomes effective, the

53-18 superintendent shall begin proceedings pursuant to the provisions of NRS

53-19 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The

53-20 employee is entitled to continue to receive his salary and other benefits

53-21 after the suspension becomes effective until the date on which the

53-22 dismissal proceedings are commenced. The superintendent may

53-23 recommend that an employee who has been charged with a felony or a

53-24 crime involving immorality be dismissed for another ground set forth in

53-25 NRS 391.312.

53-26 3. If a community school board has reason to believe that cause

53-27 exists for the dismissal of an administrator who is employed by the

53-28 community school board and the community school board believes that

53-29 the immediate suspension of the administrator is necessary in the best

53-30 interests of the pupils who are enrolled in public schools within the

53-31 jurisdiction of the community school board, the community school board

53-32 may suspend the administrator without notice and without a hearing.

53-33 Notwithstanding the provisions of NRS 391.312, a community school

53-34 board may suspend an administrator who is employed by the community

53-35 school board and who has been officially charged but not yet convicted

53-36 of a felony or a crime involving moral turpitude or immorality. If the

53-37 charge is dismissed or if the administrator is found not guilty, he must be

53-38 reinstated with back pay, plus interest, and normal seniority. The

53-39 community school board shall notify the administrator in writing of the

53-40 suspension. Within 5 days after a suspension becomes effective, the

53-41 community school board shall begin proceedings pursuant to the

53-42 provisions of NRS 391.312 to 391.3196, inclusive, to effect the

53-43 administrator’s dismissal. The administrator is entitled to continue to

54-1 receive his salary and other benefits after the suspension becomes

54-2 effective until the date on which the dismissal proceedings are

54-3 commenced. The community school board may recommend that an

54-4 administrator who has been charged with a felony or a crime involving

54-5 immorality be dismissed for another ground set forth in NRS 391.312.

54-6 4. If sufficient grounds for dismissal do not exist, [the] an employee or

54-7 administrator who is suspended pursuant to subsection 1 or 3 must be

54-8 reinstated with full compensation, plus interest.

54-9 [4.] 5. A licensed employee who furnishes to the school district a bond

54-10 or other security which is acceptable to the board of trustees of a school

54-11 district or community school board as a guarantee that he will repay any

54-12 amounts paid to him pursuant to this subsection as salary during a period

54-13 of suspension is entitled to continue to receive his salary from the date on

54-14 which the dismissal proceedings are commenced until the decision of the

54-15 board of trustees of the school district or community school board, or the

54-16 report of the hearing officer, if the report is final and binding. The board of

54-17 trustees of the school district or community school board shall not

54-18 unreasonably refuse to accept security other than a bond. An employee

54-19 who receives salary pursuant to this subsection shall repay it if he is

54-20 dismissed or not reemployed as a result of a decision of the board of

54-21 trustees or community school board or a report of a hearing officer.

54-22 [5.] 6. A licensed employee who is convicted of a crime which

54-23 requires registration pursuant to NRS 179D.200 to 179D.290, inclusive, or

54-24 179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by

54-25 NRS 200.508, 201.190 or 201.265 forfeits all rights of employment from

54-26 the date of his arrest.

54-27 [6.] 7. A licensed employee who is convicted of any crime and who is

54-28 sentenced to and serves any sentence of imprisonment forfeits all rights of

54-29 employment from the date of his arrest or the date on which his

54-30 employment terminated, whichever is later.

54-31 [7.] 8. A licensed employee who is charged with a felony or a crime

54-32 involving immorality or moral turpitude and who waives his right to a

54-33 speedy trial while suspended may receive [no] not more than 12 months of

54-34 back pay and seniority upon reinstatement if he is found not guilty or the

54-35 charges are dismissed, unless proceedings have been begun to dismiss the

54-36 employee upon one of the other grounds set forth in NRS 391.312.

54-37 [8.] 9. A superintendent may discipline a licensed employee , except

54-38 for an administrator who is employed by a community school board, by

54-39 suspending the employee with loss of pay at any time after a hearing has

54-40 been held which affords the due process provided for in this chapter. The

54-41 grounds for suspension are the same as the grounds contained in NRS

54-42 391.312. An employee may be suspended more than once during the

54-43 employee’s contract year, but the total number of days of suspension may

55-1 not exceed 20 in 1 contract year. Unless circumstances require otherwise,

55-2 the suspensions must be progressively longer.

55-3 10. A community school board may discipline an administrator who

55-4 is employed by the community school board by suspending the

55-5 administrator with loss of pay at any time after a hearing has been held

55-6 which affords the due process provided for in this chapter. The

55-7 applicable grounds for suspension are the same as the grounds contained

55-8 in NRS 391.312. An administrator may be suspended more than once

55-9 during his contract year, but the total number of days of suspension may

55-10 not exceed 20 days in 1 contract year. Unless circumstances require

55-11 otherwise, the suspensions must be progressively longer.

55-12 Sec. 88. NRS 391.315 is hereby amended to read as follows:

55-13 391.315 1. A superintendent may recommend that a teacher be

55-14 dismissed or not reemployed.

55-15 2. A superintendent may recommend that an administrator who is

55-16 employed by the board of trustees of the school district in which the

55-17 superintendent is employed be demoted, dismissed or not reemployed. A

55-18 member of a community school board may recommend that an

55-19 administrator who is employed by the community school board be

55-20 demoted, dismissed or not reemployed.

55-21 3. The board may recommend that a superintendent be dismissed or

55-22 not reemployed.

55-23 4. If the board recommends that a superintendent be demoted,

55-24 dismissed or not reemployed, it may request the appointment of a hearing

55-25 officer, depending upon the grounds for the recommendation.

55-26 Sec. 89. NRS 391.3161 is hereby amended to read as follows:

55-27 391.3161 1. There is hereby created a list of hearing officers

55-28 comprised of residents of this state who are attorneys at law. The state

55-29 board shall make appointments to the list after nominations have been

55-30 made by the State Bar of Nevada and the Nevada Trial Lawyers

55-31 Association. Each nominee appointed to the list must have completed a

55-32 course of instruction in administrative law, relating to the provisions of this

55-33 chapter, offered by the state board. This course must consist of at least 4

55-34 hours of instruction in a classroom.

55-35 2. Each appointment to the list is for a term of 6 years or until

55-36 resignation or removal for cause by the state board. Vacancies must be

55-37 filled in the same manner as original appointments.

55-38 3. Hearing officers may be selected from a list provided by the

55-39 American Arbitration Association of arbitrators who are available upon

55-40 request, if:

55-41 (a) The number of names on the list of qualified, trained hearing

55-42 officers falls below 10; and

56-1 (b) The employee and the [superintendent] person who recommended

56-2 the demotion, dismissal or nonreemployment have so agreed in writing at

56-3 least 5 school days before the list is requested.

56-4 Selection of a hearing officer through the services of the American

56-5 Arbitration Association must be accomplished in the same manner as

56-6 described in subsection 2 of NRS 288.200. The employee and the board of

56-7 trustees of the school district shall each pay half of the costs of a hearing

56-8 held before a hearing officer selected from a list provided by the American

56-9 Arbitration Association.

56-10 4. A hearing officer shall conduct hearings in cases of demotion,

56-11 dismissal or a refusal to reemploy based on the grounds contained in

56-12 subsection 1 of NRS 391.312.

56-13 5. This section does not preclude the employee and the

56-14 [superintendent] person who recommended the demotion, dismissal or

56-15 nonreemployment from mutually selecting an attorney who is a resident of

56-16 this state to serve as a hearing officer to conduct a particular hearing.

56-17 Sec. 90. NRS 391.317 is hereby amended to read as follows:

56-18 391.317 1. At least 15 days before recommending to a board of

56-19 trustees of a school district or community school board that it demote,

56-20 dismiss or not reemploy a postprobationary employee, or dismiss or

56-21 demote a probationary employee, the [superintendent] person who intends

56-22 to make the recommendation shall give written notice to the employee, by

56-23 registered or certified mail, of his intention to make the recommendation.

56-24 2. The notice must:

56-25 (a) Inform the licensed employee of the grounds for the

56-26 recommendation.

56-27 (b) Inform the employee that, if a written request therefor is directed to

56-28 the [superintendent] person who intends to make the recommendation

56-29 within 10 days after receipt of the notice, the employee is entitled to a

56-30 hearing before a hearing officer.

56-31 (c) Inform the employee that he may request appointment of a hearing

56-32 officer from a list provided by the American Arbitration Association and

56-33 that one will be appointed if the [superintendent] person who intends to

56-34 make the recommendation agrees in writing.

56-35 (d) Refer to chapter 391 of NRS.

56-36 Sec. 91. NRS 391.318 is hereby amended to read as follows:

56-37 391.318 1. If a request for a hearing is not made within the time

56-38 allowed, the superintendent or member of the community school board

56-39 shall file his recommendation [with the board.] :

56-40 (a) If the recommendation is of the superintendent, with the board of

56-41 trustees of the school district.

57-1 (b) If the recommendation is of a member of a community school

57-2 board, with the community school board.

57-3 The board of trustees of the school district or the community school

57-4 board may, by resolution, act on the recommendation as it sees fit.

57-5 2. If a request for a hearing is made, the superintendent or member of

57-6 a community school board shall not file his recommendation with the

57-7 appropriate board until a report of the hearing officer is filed with him.

57-8 Sec. 92. 391.3191 is hereby amended to read as follows:

57-9 391.3191 1. Each request for appointment of a person from the list

57-10 of hearing officers to serve as a hearing officer must be submitted to the

57-11 superintendent of public instruction.

57-12 2. The licensed employee and the [superintendent] person who

57-13 recommended the demotion, dismissal or nonreemployment may each

57-14 challenge not more than five members of the list of hearing officers, and

57-15 the superintendent of public instruction shall not appoint any challenged

57-16 person.

57-17 Sec. 93. NRS 391.31915 is hereby amended to read as follows:

57-18 391.31915 1. Within 10 days after he receives a request for a

57-19 hearing, the superintendent of public instruction shall designate seven

57-20 attorneys from the list of hearing officers.

57-21 2. After designation of the attorneys, the licensed employee and

57-22 [superintendent] the person who recommended the demotion, dismissal or

57-23 nonreemployment shall challenge peremptorily one of the seven at a time,

57-24 alternately, until only one remains, who shall serve as hearing officer for

57-25 the hearing. The [superintendent] person who recommended the

57-26 demotion, dismissal or nonreemployment and the licensed employee shall

57-27 draw lots to determine first choice to exercise a challenge.

57-28 3. The state board shall prescribe procedures for exercising challenges

57-29 to the hearing officer and set time limits in which the challenges may be

57-30 exercised by the licensed employee and [superintendent.] the person who

57-31 recommended the demotion, dismissal or nonreemployment.

57-32 Sec. 94. NRS 391.3192 is hereby amended to read as follows:

57-33 391.3192 1. As soon as possible after the time of his designation, the

57-34 hearing officer shall hold a hearing to determine whether the grounds for

57-35 the recommendation are substantiated.

57-36 2. The superintendent of public instruction shall furnish the hearing

57-37 officer with any assistance which is reasonably required to conduct the

57-38 hearing, and the hearing officer may require witnesses to give testimony

57-39 under oath and produce evidence relevant to the investigation.

57-40 3. The licensed employee and [superintendent] the person who

57-41 recommended the demotion, dismissal or nonreemployment are entitled to

57-42 be heard, to be represented by an attorney and to call witnesses in their

57-43 behalf.

58-1 4. The hearing officer is entitled to be reimbursed for his reasonable

58-2 actual expenses and to receive compensation for actual time served at a

58-3 rate of $60 per hour.

58-4 5. If requested by the hearing officer, an official transcript must be

58-5 made.

58-6 6. The board of trustees of a school district and the licensed employee

58-7 are equally responsible for the expense of and compensation for the

58-8 hearing officer and the expense of the official transcript.

58-9 7. The state board shall develop a set of uniform standards and

58-10 procedures to be used in such a hearing. The technical rules of evidence do

58-11 not apply to this hearing.

58-12 Sec. 95. NRS 391.3193 is hereby amended to read as follows:

58-13 391.3193 1. Except as otherwise provided in subsection 3, within 30

58-14 days after the time of his designation, the hearing officer shall complete the

58-15 hearing and shall prepare and file a written report with the [superintendent]

58-16 person who recommended the demotion, dismissal or nonreemployment

58-17 and the licensed employee involved not later than 15 days after the

58-18 conclusion of the hearing.

58-19 2. The report must contain an outline of the scope of the hearing,

58-20 findings of fact and conclusions of law, and recommend a course of action

58-21 to be taken by the board [.] of trustees of the school district or community

58-22 school board. The report of the hearing officer is final and binding on the

58-23 employee and the board of trustees of the school district or community

58-24 school board if the employee and the [superintendent] person who

58-25 recommended the demotion, dismissal or nonreemployment have so

58-26 agreed before the selection of the hearing officer was begun.

58-27 3. If it appears that the report cannot be prepared within 15 days, the

58-28 licensed employee and the [superintendent shall] person who

58-29 recommended the demotion, dismissal or nonreemployment must be so

58-30 notified before the end of that period, and the hearing officer may take the

58-31 time necessary not exceeding 30 days following the conclusion of the

58-32 hearing to file the written report and recommendation.

58-33 4. The licensed employee and the [superintendent] person who

58-34 recommended the demotion, dismissal or nonreemployment, or his

58-35 designee , may mutually agree to waive any of the time limits applicable to

58-36 the hearing procedure.

58-37 Sec. 96. NRS 391.3194 is hereby amended to read as follows:

58-38 391.3194 1. Within 5 days after the [superintendent] person who

58-39 recommended the demotion, dismissal or nonreemployment receives the

58-40 report of the hearing officer he shall either withdraw the recommendation

58-41 to demote, dismiss or not reemploy the licensed employee or file his

58-42 recommendation [with the board.] :

59-1 (a) If the employee is employed by the board of trustees of the school

59-2 district, with that board.

59-3 (b) If the employee is employed by the community school board, with

59-4 that board.

59-5 2. Within 15 days after the receipt of the recommendation of the

59-6 superintendent [,] or member of a community school board, the board of

59-7 trustees of the school district or community school board shall either

59-8 accept or reject the hearing officer’s recommendation and notify the

59-9 licensed employee in writing of its decision.

59-10 3. The board of trustees of the school district or community school

59-11 board may, before making a decision, refer the report back to the hearing

59-12 officer for further evidence and recommendations. Within 15 days after the

59-13 report is referred to him, the hearing officer shall complete the report and

59-14 file it with the board of trustees of the school district or community school

59-15 board and mail a copy to the [superintendent] person who recommended

59-16 the demotion, dismissal or nonreemployment and the licensed employee.

59-17 4. The licensed employee may appeal the decision to a district court

59-18 within the time limits and in the manner provided by law for appeals of

59-19 administrative decisions of state agencies. If the report of the hearing

59-20 officer is final and binding, the employee or the board of trustees of the

59-21 school district or community school board may request judicial review of

59-22 the report pursuant to NRS 38.145 or 38.155.

59-23 Sec. 97. NRS 391.3196 is hereby amended to read as follows:

59-24 391.3196 1. On or before May 1 of each year, the board of trustees

59-25 of each school district shall notify the postprobationary employees in their

59-26 employ, in writing, by certified mail or by delivery of the employee’s

59-27 contract, concerning their reemployment for the ensuing year. On or

59-28 before May 1 of each year, each community school board shall notify the

59-29 postprobationary administrators in their employ, in writing, by certified

59-30 mail or by delivery of the employee’s contract, concerning their

59-31 reemployment for the ensuing year. If the appropriate board, or the

59-32 person designated by it, fails to notify a postprobationary employee who

59-33 has been employed by [a] the board of trustees of the school district or

59-34 community school board of his status for the ensuing year, the employee

59-35 shall be deemed to be reemployed for the ensuing year under the same

59-36 terms and conditions as he is employed for the current year.

59-37 2. This section does not apply to any licensed employee who has been

59-38 recommended to be demoted, dismissed or not reemployed if proceedings

59-39 have commenced and no final decision has been made by the board [.] of

59-40 trustees of the school district or community school board. A licensed

59-41 employee may be demoted or dismissed for grounds set forth in NRS

59-42 391.312 after he has been notified that he is to be reemployed for the

59-43 ensuing year.

60-1 3. Any licensed employee who is reemployed pursuant to subsection 1

60-2 shall, by May 10, notify the board of trustees of the school district or

60-3 community school board, as appropriate, in writing of his acceptance of

60-4 employment. Failure on the part of the employee to notify the appropriate

60-5 board of his acceptance within the specified time is conclusive evidence of

60-6 the employee’s rejection of the contract.

60-7 4. If the licensed employees are represented by a recognized employee

60-8 organization and negotiation has been commenced pursuant to NRS

60-9 288.180, then the provisions of subsections 1, 2 and 3 do not apply except

60-10 in the case of a demotion, dismissal or decision not to reemploy an

60-11 employee. Before May 10 of each year, the employees shall notify the

60-12 board of trustees of the school district or community school board, as

60-13 appropriate, in writing, on forms provided by the appropriate board, of

60-14 their acceptance of reemployment. Any agreement negotiated by the

60-15 recognized employee organization and the board of trustees of the school

60-16 district becomes a part of the contract of employment between the board of

60-17 trustees of the school district or community school board and the

60-18 employee. The board of trustees of the school district or community

60-19 school board shall mail contracts, by certified mail with return receipts

60-20 requested, to each employee to be reemployed at his last known address or

60-21 shall deliver the contract in person to each employee, obtaining a receipt

60-22 therefor. Failure on the part of the employee to notify the appropriate

60-23 board of his acceptance within 10 days after receipt of the contract is

60-24 conclusive evidence of the employee’s rejection of the contract.

60-25 Sec. 98. NRS 391.3197 is hereby amended to read as follows:

60-26 391.3197 1. A probationary employee is employed on a contract

60-27 basis for two 1-year periods and has no right to employment after either of

60-28 the two probationary contract years.

60-29 2. The board of trustees of each school district shall notify each

60-30 probationary employee in writing on or before May 1 of the first and

60-31 second school years of his probationary period, as appropriate, whether he

60-32 is to be reemployed for the second year of the probationary period or for

60-33 the next school year as a postprobationary employee. Each community

60-34 school board shall notify each probationary employee who is employed as

60-35 an administrator by the community school board in writing on or before

60-36 May 1 of the first and second school years of his probationary period, as

60-37 appropriate, whether he is to be reemployed for the second year of the

60-38 probationary period or for the next school year as a postprobationary

60-39 employee. The employee must advise the appropriate board in writing on

60-40 or before May 10 of the first or second year of his probationary period, as

60-41 appropriate, of his acceptance of reemployment. If a probationary

60-42 employee is assigned to a school that operates all year, the board of

60-43 trustees of the school district shall notify him in writing, in both the first

61-1 and second years of his probationary period, [no] not later than 45 days

61-2 before his last day of work for the year under his contract whether he is to

61-3 be reemployed for the second year of the probationary period or for the

61-4 next school year as a postprobationary employee. [He] If a probationary

61-5 administrator who is employed by a community school board is assigned

61-6 to a school that operates all year, the community school board shall

61-7 notify the administrator in writing, in both the first and second years of

61-8 his probationary period, not later than 45 days before his last day of work

61-9 for the year under his contract whether he is to be reemployed for the

61-10 second year of the probationary period or for the next school year as a

61-11 postprobationary employee. The employee must advise the appropriate

61-12 board in writing within 10 days after the date of notification of his

61-13 acceptance or rejection of reemployment for another year. Failure to advise

61-14 the appropriate board of his acceptance of reemployment constitutes

61-15 rejection of the contract.

61-16 3. A probationary employee who completes his 2-year probationary

61-17 period and receives a notice of reemployment from the board of trustees of

61-18 the school district or the community school board with whom he is

61-19 employed in the second year of his probationary period is entitled to be a

61-20 postprobationary employee in the ensuing year of employment.

61-21 4. A probationary employee who receives an unsatisfactory evaluation

61-22 may request a supplemental evaluation by another administrator [in the

61-23 school district] who is employed by the same board as the employee and

61-24 who is selected by [him] the employee and the superintendent [.] of the

61-25 school district or the chairman of the community school board by whom

61-26 he is employed. If a school district or community school board has five or

61-27 fewer administrators, the supplemental evaluator may be an administrator

61-28 from another school district in the state. If a probationary employee has

61-29 received during the first school year of his probationary period three

61-30 evaluations which state that the employee’s overall performance has been

61-31 satisfactory [, the] :

61-32 (a) If the employee is employed by the board of trustees of a school

61-33 district, the superintendent of schools of the school district or his designee

61-34 ; or

61-35 (b) If the employee is employed by a community school board, a

61-36 member of the community school board,

61-37 shall waive the second year of the employee’s probationary period by

61-38 expressly providing in writing on the final evaluation of the employee for

61-39 the first probationary year that the second year of his probationary period

61-40 is waived. Such an employee is entitled to be a postprobationary employee

61-41 in the ensuing year of employment.

61-42 5. If a probationary employee is notified that he will not be

61-43 reemployed for the second year of his probationary period or the ensuing

62-1 school year, his employment ends on the last day of the current school

62-2 year. The notice that he will not be reemployed must include a statement of

62-3 the reasons for that decision.

62-4 6. A new employee or a postprobationary teacher who is employed as

62-5 an administrator shall be deemed to be a probationary employee for the

62-6 purposes of this section and must serve a 2-year probationary period as an

62-7 administrator in accordance with the provisions of this section. If the

62-8 administrator does not receive an unsatisfactory evaluation during the first

62-9 year of probation [, the] :

62-10 (a) If the administrator is employed by the board of trustees of a

62-11 school district, the superintendent or his designee ; or

62-12 (b) If the administrator is employed by a community school board, a

62-13 member of the community school board,

62-14 shall waive the second year of the administrator’s probationary period.

62-15 Such an administrator is entitled to be a postprobationary employee in the

62-16 ensuing year of employment. If a postprobationary teacher who is an

62-17 administrator is not reemployed in that capacity after either year of his

62-18 probationary period, he may accept a contract as a teacher for the ensuing

62-19 school year in writing on or before May 10. If he fails to accept the

62-20 contract as a teacher, he shall be deemed to have rejected the offer of a

62-21 contract as a teacher.

62-22 7. An administrator who has completed his probationary period

62-23 pursuant to subsection 6 and is thereafter promoted to the position of

62-24 principal must serve an additional probationary period of 1 year in the

62-25 position of principal. If the administrator serving the additional

62-26 probationary period is not reemployed in that capacity after the expiration

62-27 of the additional probationary period, he may accept a contract for the

62-28 ensuing school year, in writing, on or before May 10, for the

62-29 administrative position in which he attained postprobationary status. If he

62-30 fails to accept such a contract, he shall be deemed to have rejected the offer

62-31 of employment.

62-32 8. Before dismissal, the probationary employee is entitled to a hearing

62-33 before a hearing officer which affords due process as set out in NRS

62-34 391.311 to 391.3196, inclusive.

62-35 Sec. 99. NRS 392.025 is hereby amended to read as follows:

62-36 392.025 The board of trustees of a school district or a community

62-37 school board shall not change the grade given to a pupil by a teacher

62-38 unless the board of trustees of the school district or the community school

62-39 board has established and followed a procedure that allows the teacher an

62-40 opportunity to substantiate the grade that was given.

63-1 Sec. 100. NRS 392.033 is hereby amended to read as follows:

63-2 392.033 1. The state board shall adopt regulations which prescribe

63-3 the courses of study required for promotion to high school, which may

63-4 include the credits to be earned.

63-5 2. The board of trustees of a school district or a community school

63-6 board shall not promote a pupil to high school if the pupil does not

63-7 complete the course of study or credits required for promotion. The board

63-8 of trustees of the school district or a community school board in which the

63-9 pupil is enrolled may provide programs to complete the courses of study

63-10 required for promotion to high school.

63-11 3. The board of trustees of each school district and each community

63-12 school board shall adopt a procedure for evaluating the course of study or

63-13 credits completed by a pupil who transfers to a junior high or middle

63-14 school from a junior high or middle school in this state or from a school

63-15 outside of this state.

63-16 Sec. 101. NRS 392.040 is hereby amended to read as follows:

63-17 392.040 1. Except as otherwise provided by law, each parent,

63-18 custodial parent, guardian or other person in the State of Nevada having

63-19 control or charge of any child between the ages of 7 and 17 years shall

63-20 send the child to a public school during all the time the public school is in

63-21 session in the school district in which the child resides.

63-22 2. A child who is 5 years of age on or before September 30 of a school

63-23 year may be admitted to kindergarten at the beginning of that school year,

63-24 and his enrollment must be counted for purposes of apportionment. If a

63-25 child is not 5 years of age on or before September 30 of a school year, the

63-26 child must not be admitted to kindergarten.

63-27 3. Except as otherwise provided in subsection 4, a child who is 6 years

63-28 of age on or before September 30 of a school year must:

63-29 (a) If he has not completed kindergarten, be admitted to kindergarten at

63-30 the beginning of that school year; or

63-31 (b) If he has completed kindergarten, be admitted to the first grade at

63-32 the beginning of that school year,

63-33 and his enrollment must be counted for purposes of apportionment. If a

63-34 child is not 6 years of age on or before September 30 of a school year, the

63-35 child must not be admitted to the first grade until the beginning of the

63-36 school year following his sixth birthday.

63-37 4. The parents, custodial parent, guardian or other person within the

63-38 State of Nevada having control or charge of a child who is 6 years of age

63-39 on or before September 30 of a school year may elect for the child not to

63-40 attend kindergarten or the first grade during that year. The parents,

63-41 custodial parent, guardian or other person who makes such an election

63-42 shall file with the board of trustees of the appropriate school district or the

63-43 community school board that has jurisdiction over the high school

64-1 attendance zone in which the child resides a waiver in a form prescribed

64-2 by the board [.] of trustees or community school board, as applicable.

64-3 5. Whenever a child who is 6 years of age is enrolled in a public

64-4 school, each parent, custodial parent, guardian or other person in the State

64-5 of Nevada having control or charge of the child shall send him to the

64-6 public school during all the time the school is in session. This requirement

64-7 for attendance does not apply to any child under the age of 7 years who has

64-8 not yet been enrolled or has been formally withdrawn from enrollment in

64-9 public school.

64-10 6. A child who is 7 years of age on or before September 30 of a school

64-11 year must:

64-12 (a) If he has completed kindergarten and the first grade, be admitted to

64-13 the second grade.

64-14 (b) If he has completed kindergarten, be admitted to the first grade.

64-15 (c) If the parents, custodial parent, guardian or other person in the State

64-16 of Nevada having control or charge of the child waived the child’s

64-17 attendance from kindergarten pursuant to subsection 4, undergo an

64-18 assessment by the district pursuant to subsection 7 to determine whether

64-19 the child is prepared developmentally to be admitted to the first grade. If

64-20 the district determines that the child is prepared developmentally, he must

64-21 be admitted to the first grade. If the district determines that the child is not

64-22 so prepared, he must be admitted to kindergarten.

64-23 The enrollment of any child pursuant to this subsection must be counted

64-24 for apportionment purposes.

64-25 7. Each school district shall prepare and administer before the

64-26 beginning of each school year a developmental screening test to a child:

64-27 (a) Who is 7 years of age on or before September 30 of the next school

64-28 year; and

64-29 (b) Whose parents waived his attendance from kindergarten pursuant to

64-30 subsection 4,

64-31 to determine whether the child is prepared developmentally to be admitted

64-32 to the first grade. The results of the test must be made available to the

64-33 parents, custodial parent, guardian or other person within the State of

64-34 Nevada having control or charge of the child. The test required by this

64-35 subsection must be administered to pupils who reside within the

64-36 jurisdiction of the school district and to pupils who reside within the

64-37 jurisdiction of a community school board in the school district.

64-38 8. A child who becomes a resident of this state after completing

64-39 kindergarten or beginning first grade in another state in accordance with

64-40 the laws of that state may be admitted to the grade he was attending or

64-41 would be attending had he remained a resident of the other state regardless

64-42 of his

65-1 age, unless the board of trustees of the school district determines that the

65-2 requirements of this section are being deliberately circumvented.

65-3 9. As used in this section, "kindergarten" includes:

65-4 (a) A kindergarten established by the board of trustees of a school

65-5 district or a community school board pursuant to NRS 388.060; and

65-6 (b) An authorized program of instruction for kindergarten offered in a

65-7 child’s home pursuant to NRS 388.060.

65-8 Sec. 102. NRS 392.050 is hereby amended to read as follows:

65-9 392.050 1. A child must be excused from attendance required by the

65-10 provisions of NRS 392.040 when satisfactory written evidence is presented

65-11 to the board of trustees of the school district in which the child resides or

65-12 the community school board that has jurisdiction over the high school

65-13 attendance zone in which the child resides that the child’s physical or

65-14 mental condition is such as to prevent or render inadvisable his attendance

65-15 at school or his application to study.

65-16 2. A certificate in writing from any qualified physician acting within

65-17 his authorized scope of practice, filed with the board of trustees of the

65-18 school district or the community school board immediately after its

65-19 receipt, stating that the child is not able to attend school or that his

65-20 attendance is inadvisable must be taken as satisfactory evidence by the

65-21 board of trustees [.] of the school district or the community school board.

65-22 3. A board of trustees of a school district or a community school

65-23 board which has excused from attendance pursuant to subsection 1 a child

65-24 who, pursuant to NRS 388.440, qualifies as a pupil with a disability, shall

65-25 make available to the child a free appropriate public education in

65-26 compliance with the Individuals with Disabilities Education Act , [(] 20

65-27 U.S.C. §§ 1400 et seq. , [),] as that act existed on July 1, 1995.

65-28 Sec. 103. NRS 392.060 is hereby amended to read as follows:

65-29 392.060 Attendance required by the provisions of NRS 392.040 [shall]

65-30 must be excused when satisfactory written evidence is presented to the

65-31 board of trustees of the school district in which the child resides or the

65-32 community school board that has jurisdiction over the high school

65-33 attendance zone in which the child resides that he has already completed

65-34 the 12 grades of the elementary and high school courses.

65-35 Sec. 104. NRS 392.070 is hereby amended to read as follows:

65-36 392.070 Attendance required by the provisions of NRS 392.040 [shall]

65-37 must be excused when satisfactory written evidence is presented to the

65-38 board of trustees of the school district in which the child resides or the

65-39 community school board that has jurisdiction over the high school

65-40 attendance zone in which the child resides that the child is receiving at

65-41 home or in some other school equivalent instruction of the kind and

65-42 amount approved by the state board . [of education.]

66-1 Sec. 105. NRS 392.080 is hereby amended to read as follows:

66-2 392.080 Attendance required by the provisions of NRS 392.040 [shall]

66-3 must be excused when the superintendent of public instruction has

66-4 determined that the child’s residence is located at such distance from the

66-5 nearest public school as to render attendance unsafe or impractical, and the

66-6 child’s parent or guardian has notified the board of trustees of the school

66-7 district in which the child resides or the community school board that has

66-8 jurisdiction over the high school attendance zone in which the child

66-9 resides to that effect in writing.

66-10 Sec. 106. NRS 392.100 is hereby amended to read as follows:

66-11 392.100 Attendance required by the provisions of NRS 392.040 [shall]

66-12 must be excused when satisfactory written evidence is presented to the

66-13 board of trustees of the school district in which the child resides or the

66-14 community school board that has jurisdiction over the high school

66-15 attendance zone in which the child resides that the child, 14 years of age

66-16 or over, must work for his own or his parent’s support.

66-17 Sec. 107. NRS 392.110 is hereby amended to read as follows:

66-18 392.110 1. Any child between the ages of 14 and 17 years who has

66-19 completed the work of the first eight grades may be excused from full-time

66-20 school attendance and may be permitted to enter proper employment or

66-21 apprenticeship, by the written authority of the board of trustees of the

66-22 school district in which the child resides or the community school board

66-23 that has jurisdiction over the high school attendance zone in which the

66-24 child resides excusing the child from such attendance. The [board’s]

66-25 written authority [shall] of the board of trustees or the community school

66-26 board must state the reason or reasons for such excuse.

66-27 2. In all such cases [no] an employer or other person shall not employ

66-28 or contract for the services or time of such child until the child presents a

66-29 written permit therefor from the attendance officer , [or] board of trustees

66-30 [.] of the school district or community school board. The permit shall be

66-31 kept on file by the employer, and upon the termination of employment

66-32 shall be returned by the employer to the board of trustees , community

66-33 school board or other authority issuing it.

66-34 Sec. 108. NRS 392.126 is hereby amended to read as follows:

66-35 392.126 1. There is hereby created in each county at least one

66-36 advisory board to review school attendance. The membership of each such

66-37 board may consist of:

66-38 (a) One probation officer in the county who works on cases relating to

66-39 juveniles, appointed by the judge or judges of the juvenile court of the

66-40 county;

66-41 (b) One representative of a law enforcement agency in the county who

66-42 works on cases relating to juveniles, appointed by the judge or judges of

66-43 the juvenile court of the county;

67-1 (c) One representative of the district attorney for the county, appointed

67-2 by the district attorney;

67-3 (d) One parent or legal guardian of a pupil who is enrolled in a public

67-4 school in the county, appointed by the president of the board of trustees of

67-5 the school district;

67-6 (e) One member of the board of trustees of the school district, appointed

67-7 by the president of the board of trustees;

67-8 (f) If the school district includes a community school board, one

67-9 member of the community school board, or a designee of the community

67-10 school board, appointed by the chairman of the community school board;

67-11 (g) One school counselor or school teacher employed by the school

67-12 district, appointed by an organization or association that represents

67-13 licensed educational personnel in the school district;

67-14 [(g)] (h) One deputy sheriff in the county, appointed by the sheriff of

67-15 the county; and

67-16 [(h)] (i) One representative of the local office of the division of child

67-17 and family services of the department of human resources, appointed by

67-18 the executive head of that office.

67-19 2. The members of each such board shall elect a chairman from among

67-20 their membership.

67-21 3. Each member of such a board must be appointed for a term of 2

67-22 years. A vacancy in the membership of the board must be filled in the same

67-23 manner as the original appointment for the remainder of the unexpired

67-24 term.

67-25 4. Each member of such a board serves without compensation, except

67-26 that, for each day or portion of a day during which a member of the board

67-27 attends a meeting of the board or is otherwise engaged in the business of

67-28 the board, he is entitled to receive the per diem allowance and travel

67-29 expenses provided for state officers and employees generally. The board of

67-30 trustees of the school district shall pay the per diem allowance and travel

67-31 expenses from the general fund of the school district.

67-32 Sec. 109. NRS 392.128 is hereby amended to read as follows:

67-33 392.128 1. Each advisory board to review school attendance created

67-34 pursuant to NRS 392.126 shall:

67-35 (a) Review the records of the rate of attendance and truancy of pupils

67-36 submitted to the advisory board to review school attendance by the board

67-37 of trustees of the school district pursuant to subsection 4 of NRS 385.347;

67-38 (b) Identify factors that contribute to the rate of truancy of pupils in the

67-39 school district [;] , including, without limitation, pupils who are enrolled

67-40 in public schools that are within the jurisdiction of a community school

67-41 board in the school district;

67-42 (c) Establish programs to reduce the rate of truancy of pupils in the

67-43 school district [;] , including, without limitation, pupils who are enrolled

68-1 in public schools that are within the jurisdiction of a community school

68-2 board in the school district;

68-3 (d) At least annually, evaluate the effectiveness of those programs;

68-4 (e) Establish a procedure for schools and school districts for the

68-5 reporting of the status of pupils as habitual truants and the issuance of

68-6 citations pursuant to NRS 392.142; and

68-7 (f) Inform the parents and legal guardians of the pupils who are enrolled

68-8 in the schools within the district , including, without limitation, schools

68-9 that are within the jurisdiction of a community school board in the

68-10 school district of the policies and procedures adopted pursuant to the

68-11 provisions of this section.

68-12 2. An advisory board to review school attendance created in a county

68-13 pursuant to NRS 392.126 may use money appropriated by the legislature

68-14 and any other money made available to the advisory board for the use of

68-15 programs to reduce the truancy of pupils in the school district [.] ,

68-16 including, without limitation, pupils who are enrolled in public schools

68-17 within the jurisdiction of a community school board in the school district.

68-18 The advisory board to review school attendance shall, on a quarterly basis,

68-19 provide to the board of trustees of the school district , and if applicable, a

68-20 community school board, an accounting of the money used by the

68-21 advisory board to review school attendance to reduce the rate of truancy of

68-22 pupils in the school district.

68-23 Sec. 110. NRS 392.160 is hereby amended to read as follows:

68-24 392.160 1. Any peace officer, the attendance officer or any other

68-25 school officer shall, during school hours, take into custody without

68-26 warrant:

68-27 (a) Any child between the ages of 7 and 17 years; and

68-28 (b) Any child who has arrived at the age of 6 years but not at the age of

68-29 7 years and is enrolled in a public school,

68-30 who has been reported to him by the teacher, superintendent of schools or

68-31 other school officer as an absentee from instruction upon which he is

68-32 lawfully required to attend.

68-33 2. Except as otherwise provided in subsection 3:

68-34 (a) During school hours, the officer having custody shall forthwith

68-35 deliver the child to the superintendent of schools, principal or other school

68-36 officer at the child’s school of attendance.

68-37 (b) After school hours, the officer having custody shall deliver the child

68-38 to the parent, guardian or other person having control or charge of the

68-39 child.

68-40 3. The board of trustees of a school district , a community school

68-41 board or the governing body of a charter school may enter into an

68-42 agreement with a counseling agency to permit delivery of the child to the

68-43 agency. For the purposes of this subsection, "counseling agency" means an

69-1 agency designated by the school district in which the child is enrolled to

69-2 provide counseling for the child and the parent, guardian or other person

69-3 having control or charge of the child.

69-4 Sec. 111. NRS 392.165 is hereby amended to read as follows:

69-5 392.165 1. The board of trustees of a school district , a community

69-6 school board and the governing body of a charter school shall not allow a

69-7 child to be permanently enrolled in any school [in the district or any

69-8 charter school] within their jurisdiction until the parent or guardian of the

69-9 child furnishes a birth certificate or other document suitable as proof of the

69-10 child’s identity and, if applicable, a copy of the child’s records from the

69-11 school he most recently attended.

69-12 2. Except as otherwise provided in subsection 3, a child must be

69-13 enrolled in a school under his name as it appears in the identifying

69-14 document or records required by subsection 1, unless the parent or

69-15 guardian furnishes a court order or decree authorizing a change of name or

69-16 directing the board of trustees of the school district , the community school

69-17 board or the governing body of a charter school to enroll the child under a

69-18 name other than the name which appears in the identifying document or

69-19 records.

69-20 3. A child who is in the custody of the division of child and family

69-21 services of the department of human resources may be enrolled in a school

69-22 under a name other than the name which appears in the identifying

69-23 document or records required by subsection 1 if the court determines that

69-24 to do so would be in the best interests of the child.

69-25 4. If the parent or guardian fails to furnish the identifying document or

69-26 records required by subsection 1 within 30 days after the child is

69-27 conditionally enrolled, the principal, superintendent or governing body of a

69-28 charter school shall notify the local law enforcement agency and request a

69-29 determination as to whether the child has been reported as missing.

69-30 Sec. 112. NRS 392.167 is hereby amended to read as follows:

69-31 392.167 A parent or guardian who has legal custody of a child may

69-32 petition the appropriate district court for an order directing the board of

69-33 trustees of a school district , a community school board or the governing

69-34 body of a charter school , as applicable, to enroll that child in a public

69-35 school [within that district] under a name other than the name which

69-36 appears in the identifying document or records required by subsection 1 of

69-37 NRS 392.165. Except as otherwise provided by specific statute, the court

69-38 shall issue the order if it determines that to do so would be in the best

69-39 interests of the child.

69-40 Sec. 113. NRS 392.170 is hereby amended to read as follows:

69-41 392.170 Upon the written complaint of any person, the board of

69-42 trustees of a school district , a community school board or the governing

69-43 body of a charter school shall:

70-1 1. Make a full and impartial investigation of all charges against

70-2 parents, guardians or other persons having control or charge of any child

70-3 who is 17 years of age or younger for violation of any of the provisions of

70-4 NRS 392.040 to 392.110, inclusive, or 392.130 to 392.160, inclusive.

70-5 2. Make and file a written report of the investigation and the findings

70-6 thereof in the records of the appropriate board [.] or governing body.

70-7 Sec. 114. NRS 392.180 is hereby amended to read as follows:

70-8 392.180 If it appears upon investigation that any parent, guardian or

70-9 other person having control or charge of any child who is 17 years of age

70-10 or younger has violated any of the provisions of NRS 392.040 to 392.110,

70-11 inclusive, or 392.130 to 392.160, inclusive, the clerk of the board of

70-12 trustees of a school district, a member of the community school board or

70-13 the governing body of a charter school in which the child is enrolled,

70-14 except as otherwise provided in NRS 392.190, shall make and file in the

70-15 proper court a criminal complaint against the parent, guardian or other

70-16 person, charging the violation, and shall see that the charge is prosecuted

70-17 by the proper authority.

70-18 Sec. 115. NRS 392.190 is hereby amended to read as follows:

70-19 392.190 In a school district having an attendance officer, the

70-20 attendance officer shall, if directed by the board of trustees [,] of the

70-21 school district or community school board, make and file the complaint

70-22 provided for by NRS 392.180, and shall see that the charge is prosecuted

70-23 by the proper authorities.

70-24 Sec. 116. NRS 392.420 is hereby amended to read as follows:

70-25 392.420 1. In each school at which he is employed, a school nurse

70-26 shall plan for and carry out, or supervise qualified health personnel in

70-27 carrying out, a separate and careful observation and examination of every

70-28 child who is regularly enrolled in a grade specified by the board of trustees

70-29 or superintendent of schools of the school district or community school

70-30 board to determine whether the child has scoliosis, any visual or auditory

70-31 problem or any gross physical defect. The grades in which the observations

70-32 and examinations must be carried out are as follows:

70-33 (a) For visual and auditory problems, in at least two grades of the

70-34 elementary schools, one grade of the middle or junior high schools and one

70-35 grade of the high schools; and

70-36 (b) For scoliosis, in at least one grade of schools below the high
70-37 schools.

70-38 Any person other than a school nurse who performs an observation or

70-39 examination pursuant to this subsection must be trained by a school nurse

70-40 to conduct the observation or examination.

70-41 2. If any child is attending school in a grade above one of the specified

70-42 grades and has not previously received such an observation and

70-43 examination, he must be included in the current schedule for observation

71-1 and examination. Any child who is newly enrolled in the district must be

71-2 examined for any medical condition for which children in a lower grade

71-3 are examined.

71-4 3. A special examination for a possible visual or auditory problem

71-5 must be provided for any child who:

71-6 (a) Is enrolled in a special program;

71-7 (b) Is repeating a grade;

71-8 (c) Has failed an examination for a visual or auditory problem during

71-9 the previous school year; or

71-10 (d) Shows in any other way that he may have such a problem.

71-11 4. The school authorities shall notify the parents or guardian of any

71-12 child who is found or believed to have a visual or auditory problem,

71-13 scoliosis, or any gross physical defect and shall recommend that

71-14 appropriate medical attention be secured to correct it.

71-15 5. In any school district in which state, county or district public health

71-16 services are available or conveniently obtainable, those services may be

71-17 used to meet the responsibilities assigned under the provisions of this

71-18 section. The board of trustees of the school district or community school

71-19 board may employ qualified personnel to perform them.

71-20 6. Any child must be exempted from the examination if his parents or

71-21 guardian filed with the teacher a written statement objecting to the

71-22 examination.

71-23 Sec. 117. NRS 392.430 is hereby amended to read as follows:

71-24 392.430 1. Except as otherwise provided in subsection 2, the board

71-25 of trustees of a school district and a community school board may:

71-26 (a) Adopt and enforce regulations that are necessary for sanitation in the

71-27 public schools and for the prevention of the spread of contagious and

71-28 infectious diseases therein.

71-29 (b) Spend their respective share of money available in the school

71-30 district to enforce the regulations among indigent children.

71-31 2. The governing body of a charter school may:

71-32 (a) Adopt and enforce rules that are necessary for sanitation in the

71-33 charter school and for the prevention of contagious and infectious diseases;

71-34 and

71-35 (b) Spend money to enforce the rules among indigent children.

71-36 Sec. 118. NRS 392.435 is hereby amended to read as follows:

71-37 392.435 1. Unless excused because of religious belief or medical

71-38 condition, a child may not be enrolled in a public school within this state

71-39 unless his parents or guardian submit to the board of trustees of the school

71-40 district in which the child resides , the community school board that has

71-41 jurisdiction over the high school attendance zone in which the child

71-42 resides or the governing body of the charter school in which the child has

71-43 been accepted for enrollment a certificate stating that the child has been

72-1 immunized and has received proper boosters for that immunization or is

72-2 complying with the schedules established by regulation pursuant to NRS

72-3 439.550 for the following diseases:

72-4 (a) Diphtheria;

72-5 (b) Tetanus;

72-6 (c) Pertussis if the child is under 6 years of age;

72-7 (d) Poliomyelitis;

72-8 (e) Rubella;

72-9 (f) Rubeola; and

72-10 (g) Such other diseases as the local board of health or the state board of

72-11 health may determine.

72-12 2. The certificate must show that the required vaccines and boosters

72-13 were given and must bear the signature of a licensed physician or his

72-14 designee or a registered nurse or his designee, attesting that the certificate

72-15 accurately reflects the child’s record of immunization.

72-16 3. If the requirements of subsection 1 can be met with one visit to a

72-17 physician or clinic, procedures for conditional enrollment do not apply.

72-18 4. A child may enter school conditionally if the parent or guardian

72-19 submits a certificate from a physician or local health officer that the child

72-20 is receiving the required immunizations. If a certificate from the physician

72-21 or local health officer showing that the child has been fully immunized is

72-22 not submitted to the appropriate school officers within 90 school days after

72-23 the child was conditionally admitted, the child must be excluded from

72-24 school and may not be readmitted until the requirements for immunization

72-25 have been met. A child who is excluded from school pursuant to this

72-26 section is a neglected child for the purposes of NRS 432.100 to 432.130,

72-27 inclusive, and chapter 432B of NRS.

72-28 5. Before December 31 of each year, each school district and the

72-29 governing body of each charter school shall report to the health division of

72-30 the department of human resources, on a form furnished by the division,

72-31 the exact number of pupils who have completed the immunizations

72-32 required by this section.

72-33 6. The certificate of immunization must be included in the pupil’s

72-34 academic or cumulative record and transferred as part of that record upon

72-35 request.

72-36 Sec. 119. NRS 392.437 is hereby amended to read as follows:

72-37 392.437 A public school shall not refuse to enroll a child as a pupil

72-38 because the child has not been immunized pursuant to NRS 392.435 if the

72-39 parents or guardian of the child has submitted to the board of trustees of

72-40 the school district in which the child resides or the community school

72-41 board that has jurisdiction over the high school attendance zone in which

72-42 the child resides or the governing body of a charter school in which the

73-1 child has been accepted for enrollment a written statement indicating that

73-2 their religious belief prohibits immunization of such child or ward.

73-3 Sec. 120. NRS 392.439 is hereby amended to read as follows:

73-4 392.439 If the medical condition of a child will not permit him to be

73-5 immunized to the extent required by NRS 392.435 and a written statement

73-6 of this fact is signed by a licensed physician and by the parents or guardian

73-7 of the child, the board of trustees of the school district in which the child

73-8 resides or the community school board that has jurisdiction over the high

73-9 school attendance zone in which the child resides or governing body of

73-10 the charter school in which the child has been accepted for enrollment shall

73-11 exempt the child from all or part of the provisions of NRS 392.435, as the

73-12 case may be, for enrollment purposes.

73-13 Sec. 121. NRS 392.443 is hereby amended to read as follows:

73-14 392.443 If, after a child has been enrolled in a public school and

73-15 before registration for any subsequent school year , additional

73-16 immunization requirements are provided by law, the child’s parents or

73-17 guardian shall submit an additional certificate or certificates to the board of

73-18 trustees of the school district, the community school board or the

73-19 governing body of the charter school in which the child is enrolled stating

73-20 that the child has met the new immunization requirements.

73-21 Sec. 122. NRS 392.446 is hereby amended to read as follows:

73-22 392.446 Whenever the state board of health or a local board of health

73-23 determines that there is a dangerous contagious disease in a public school

73-24 attended by a child for whom exemption from immunization is claimed

73-25 pursuant to the provisions of NRS 392.437 or 392.439, the board of

73-26 trustees of the school district , the community school board or the

73-27 governing body of the charter school in which the child is enrolled shall

73-28 require either:

73-29 1. That the child be immunized; or

73-30 2. That he remain outside the school environment and the local health

73-31 officer be notified.

73-32 Sec. 123. NRS 392.450 is hereby amended to read as follows:

73-33 392.450 1. The board of trustees of each school district , each

73-34 community school board and the governing body of each charter school

73-35 shall provide drills for the pupils in the schools [in the school district or the

73-36 charter schools] within their jurisdiction at least once each month during

73-37 the school year to instruct those pupils in the appropriate procedures to be

73-38 followed in the event of a fire or other emergency. Not more than three of

73-39 those drills may include instruction in the appropriate procedures to be

73-40 followed in the event of a chemical explosion, related emergencies and

73-41 other natural disasters.

74-1 2. In all cities or towns which have regularly organized, paid fire

74-2 departments or voluntary fire departments, the drills required by subsection

74-3 1 must be conducted under the supervision of the:

74-4 (a) Person designated for this purpose by the board of trustees of the

74-5 school district , the community school board or the governing body of a

74-6 charter school; and

74-7 (b) Chief of the fire department of the city or town.

74-8 3. A diagram of the approved escape route and any other information

74-9 related to the drills which is approved by the chief of the fire department

74-10 or, if there is no fire department, the state fire marshal must be kept posted

74-11 in every classroom of every public school by the principal or teacher in

74-12 charge thereof.

74-13 4. The principal, teacher or other person in charge of each school

74-14 building shall cause the provisions of this section to be enforced.

74-15 5. Any violation of the provisions of this section is a misdemeanor.

74-16 Sec. 124. NRS 392.455 is hereby amended to read as follows:

74-17 392.455 1. If a school district , a community school board or a

74-18 charter school has established classes in occupational education, the

74-19 teachers and pupils in those classes must wear devices provided by the

74-20 school district , community school board or the charter school which are

74-21 designed to protect their eyes while they are using power tools, torches or

74-22 other dangerous equipment or machinery.

74-23 2. The teachers and pupils in classes in science must wear devices

74-24 provided by the school district or community school board which are

74-25 designed to protect their eyes when chemicals or toxic substances are used

74-26 in those classes.

74-27 Sec. 125. NRS 392.458 is hereby amended to read as follows:

74-28 392.458 1. The board of trustees of a school district may, in

74-29 consultation with the schools within the district, parents and legal

74-30 guardians of pupils who are enrolled in the schools within the jurisdiction

74-31 of the district, and associations and organizations representing licensed

74-32 educational personnel within the district, establish a policy that requires

74-33 pupils who are enrolled in schools within the jurisdiction of the district to

74-34 wear school uniforms. A community school board may, in consultation

74-35 with the schools within the jurisdiction of the community school board,

74-36 parents and legal guardians of pupils who are enrolled in schools within

74-37 the jurisdiction of the community school board and associations and

74-38 organizations representing licensed educational personnel within the

74-39 district, establish a policy that requires pupils who attend schools within

74-40 its jurisdiction to wear school uniforms.

74-41 2. [The] A policy established pursuant to subsection 1 must:

74-42 (a) Describe the uniforms;

74-43 (b) Designate which pupils must wear the uniforms; and

75-1 (c) Designate the hours or events during which the uniforms must be

75-2 worn.

75-3 3. If the board of trustees of a school district or a community school

75-4 board establishes a policy that requires pupils to wear school uniforms, the

75-5 board of trustees or community school board, as applicable, shall

75-6 facilitate the acquisition of school uniforms for pupils whose parents or

75-7 legal guardians request financial assistance to purchase the uniforms.

75-8 4. The board of trustees of a school district may establish a dress code

75-9 enforceable during school hours for the teachers and other personnel

75-10 employed by the board of trustees.

75-11 Sec. 126. NRS 392.463 is hereby amended to read as follows:

75-12 392.463 1. Each board of trustees of a school district shall prescribe

75-13 written rules of behavior required of and prohibited for pupils attending

75-14 school within their district , excluding pupils attending school within the

75-15 jurisdiction of a community school board, and shall prescribe appropriate

75-16 punishments for violations of the rules. If suspension or expulsion is used

75-17 as a punishment for a violation of the rules, the board of trustees of a

75-18 school district shall follow the procedures in NRS 392.467.

75-19 2. A community school board shall prescribe written rules of

75-20 behavior required of and prohibited for pupils attending school within its

75-21 jurisdiction and shall prescribe appropriate punishments for violations of

75-22 the rules. If suspension or expulsion is used as a punishment for a

75-23 violation of the rules, the community school board shall follow the

75-24 procedures in NRS 392.467.

75-25 3. A copy of the rules of behavior, prescribed punishments and

75-26 procedures to be followed in imposing punishments must be distributed to

75-27 each pupil at the beginning of the school year and to each new pupil who

75-28 enters school during the year. Copies must also be made available for

75-29 inspection at each school located in that district or within the jurisdiction

75-30 of the community school board in an area on the grounds of the school

75-31 which is open to the public.

75-32 Sec. 127. NRS 392.4635 is hereby amended to read as follows:

75-33 392.4635 1. The board of trustees of each school district and each

75-34 community school board may establish a policy that prohibits the activities

75-35 of criminal gangs on school property. The policy may prohibit:

75-36 (a) A pupil from wearing any clothing or carrying any symbol on

75-37 school property that denotes membership in or an affiliation with a

75-38 criminal gang; and

75-39 (b) Any activity that encourages participation in a criminal gang or

75-40 facilitates illegal acts of a criminal gang.

75-41 2. Each policy that prohibits the activities of criminal gangs on school

75-42 property may provide for the suspension or expulsion of pupils who violate

75-43 the policy.

76-1 3. As used in this section, "criminal gang" has the meaning ascribed to

76-2 it in NRS 213.1263.

76-3 Sec. 128. NRS 392.464 is hereby amended to read as follows:

76-4 392.464 1. The board of trustees of each school district and each

76-5 community school board shall adopt and enforce measures for disciplining

76-6 any pupil who is found in possession of an alcoholic beverage or a

76-7 controlled substance, while on the premises of any public school [in its

76-8 district.] within its jurisdiction.

76-9 2. As used in this section, "alcoholic beverage" has the meaning

76-10 ascribed to it in NRS 202.015.

76-11 Sec. 129. NRS 392.467 is hereby amended to read as follows:

76-12 392.467 1. Except as otherwise provided in subsections [4 and 5,] 5

76-13 and 6, the board of trustees of a school district may authorize the

76-14 suspension or expulsion of any pupil from any public school within the

76-15 school district [.] , excluding pupils who are enrolled in public schools

76-16 within the jurisdiction of a community school board.

76-17 2. Except as otherwise provided in subsections 5 and 6, a community

76-18 school board may authorize the suspension or expulsion of any pupil

76-19 from any public school within its jurisdiction.

76-20 3. Except as otherwise provided in subsection [5,] 6, no pupil may be

76-21 suspended or expelled until he has been given notice of the charges against

76-22 him, an explanation of the evidence and an opportunity for a hearing,

76-23 except that a pupil who poses a continuing danger to persons or property or

76-24 an ongoing threat of disrupting the academic process or who is selling or

76-25 distributing any controlled substance or is found to be in possession of a

76-26 dangerous weapon as provided in NRS 392.466 may be removed from the

76-27 school immediately upon being given an explanation of the reasons for his

76-28 removal, and pending proceedings, to be conducted as soon as practicable

76-29 after removal, for his suspension or expulsion.

76-30 [3.] 4. The provisions of chapter 241 of NRS do not apply to any

76-31 hearing conducted pursuant to this section. Such hearings must be closed

76-32 to the public.

76-33 [4.] 5. The board of trustees of a school district or a community

76-34 school board shall not authorize the expulsion, suspension or removal of

76-35 any pupil from the public school system solely because the pupil is

76-36 declared a truant or habitual truant in accordance with NRS 392.130 or

76-37 392.140.

76-38 [5.] 6. A pupil who is participating in a program of special education

76-39 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

76-40 may, in accordance with the procedural policy adopted by the board of

76-41 trustees of the school district for such matters, be:

76-42 (a) Suspended from school pursuant to this section for not more than 10

76-43 days.

77-1 (b) Suspended from school for more than 10 days or permanently

77-2 expelled from school pursuant to this section only after the board of

77-3 trustees of the school district has reviewed the circumstances and

77-4 determined that the action is in compliance with the Individuals with

77-5 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

77-6 Sec. 130. NRS 392.468 is hereby amended to read as follows:

77-7 392.468 1. The board of trustees of a [county] school district, or its

77-8 designee, and a community school board, or its designee, shall inform

77-9 each employee of the district, including teachers, other licensed

77-10 employees, drivers of school buses, instructional aides and office

77-11 managers, who may have consistent contact with a pupil if that pupil has,

77-12 within the preceding 3 years, unlawfully caused or attempted to cause

77-13 serious bodily injury to any person. The district shall provide this

77-14 information based upon any written records that the district maintains or

77-15 which it receives from a law enforcement agency or a court. The district

77-16 need not initiate a request for such information from any source.

77-17 2. A school district , [and] the members of [its] the board of trustees of

77-18 the school district, a community school board and the members of the

77-19 community school board are not liable for failure strictly to comply with

77-20 this section if a good faith effort to comply is made.

77-21 3. Any information received by an employee pursuant to this section is

77-22 confidential and must not be further disseminated by the employee.

77-23 Sec. 131. NRS 392.469 is hereby amended to read as follows:

77-24 392.469 1. The board of trustees of each school district [,] and each

77-25 community school board, in conjunction with the school police officers of

77-26 the school district, if any, and the local law enforcement agencies that have

77-27 jurisdiction over the school district, shall establish a policy for the

77-28 procedures which must be followed by a peace officer in arresting a pupil

77-29 on school grounds during school hours. The policy must include the

77-30 circumstances under which the chief administrative officer of a school

77-31 must be notified of the arrest of a pupil.

77-32 2. Each law enforcement agency that has jurisdiction over any part of

77-33 a school district shall adopt the policy which is established pursuant to

77-34 subsection 1.

77-35 Sec. 132. NRS 393.010 is hereby amended to read as follows:

77-36 393.010 1. The board of trustees of a school district shall:

77-37 [1.] (a) Manage and control the school property within its district [.

77-38 2.] , excluding school property that is managed and controlled by a

77-39 community school board within the school district.

77-40 (b) Have the custody and safekeeping of the district schoolhouses, their

77-41 sites and appurtenances [.] , excluding those schoolhouses and their sites

77-42 and appurtenances within the jurisdiction of a community school board

77-43 in the school district.

78-1 2. A community school board shall:

78-2 (a) Manage and control the school property in each high school

78-3 attendance zone from which the community school board was formed.

78-4 (b) Have the custody and safekeeping of the district schoolhouses and

78-5 their sites and appurtenances in each high school attendance zone from

78-6 which the community school board was formed.

78-7 Sec. 133. NRS 393.080 is hereby amended to read as follows:

78-8 393.080 1. The board of trustees of a school district may:

78-9 (a) Build, purchase or rent schoolhouses and other school buildings,

78-10 including, but not limited to, teacherages, gymnasiums and stadiums, and

78-11 dormitories and dining halls as provided in NRS 393.090.

78-12 (b) Enter into lease agreements for school facilities with an option to

78-13 purchase the facilities.

78-14 (c) Change the location of schools.

78-15 (d) Close a school or change the use of the school building to a purpose

78-16 other than the teaching of kindergarten through 12th grade.

78-17 (e) Supervise and inspect the work performed pursuant to a contract to

78-18 which the provisions of NRS 393.110 apply.

78-19 2. Any board of trustees of a school district which proposes to change

78-20 the location of a school, close a school or change the use of a school

78-21 building as provided in subsection 1 shall give 30 days’ written notice to

78-22 [the] :

78-23 (a) The principal and teachers of the affected school [and to the] ;

78-24 (b) The parents and legal guardians of the [children] pupils attending

78-25 that school [.] ; and

78-26 (c) If the school is located within the jurisdiction of a community

78-27 school board, the community school board.

78-28 In addition , the board of trustees shall publish a notice of the subject, time

78-29 and place of the meeting at which the matter will be considered, in a

78-30 newspaper of general circulation in the county at least 10 days before the

78-31 meeting.

78-32 Sec. 134. NRS 393.092 is hereby amended to read as follows:

78-33 393.092 1. The board of trustees of a school district in a county

78-34 whose population is 100,000 or more shall establish an oversight panel for

78-35 school facilities . [, consisting] If the school district includes a community

78-36 school board, the board of trustees shall consult with the community

78-37 school board in selecting the membership of the oversight panel. The

78-38 oversight panel consists of 11 members selected as follows:

78-39 (a) Six members who are elected representatives of local government,

78-40 to be determined as follows:

78-41 (1) One member of the board of county commissioners appointed by

78-42 a majority vote of the board of county commissioners;

79-1 (2) One member of the governing body of each incorporated city in

79-2 the county, each of whom is appointed by a majority vote of the governing

79-3 body of which he is a member; and

79-4 (3) If the membership determined pursuant to subparagraphs (1) and

79-5 (2) is less than six, one additional member of the board of county

79-6 commissioners appointed by a majority vote of the board of county

79-7 commissioners and, if applicable, additional members of the governing

79-8 bodies of incorporated cities in the county, each of whom must be

79-9 appointed by a majority vote of the governing body of which he is a

79-10 member, until six members have been appointed. If the membership

79-11 determined pursuant to this paragraph would result in an unequal number

79-12 of representatives among the incorporated cities, the membership of the

79-13 incorporated cities on the oversight panel must be rotated and the board of

79-14 county commissioners shall draw lots to determine which city or cities will

79-15 be first represented, which next, and so on.

79-16 (b) Five members appointed by the board of trustees of the county

79-17 school district to be determined as follows:

79-18 (1) One member who has experience in structural or civil

79-19 engineering;

79-20 (2) One member who has experience in matters relating to the

79-21 construction of public works projects;

79-22 (3) One member who has experience in the financing or estimation of

79-23 the cost of construction projects;

79-24 (4) One member who is a representative of the gaming industry; and

79-25 (5) One member who is a representative of the general public who

79-26 has an interest in education.

79-27 2. After the initial terms, the term of each member of the oversight

79-28 panel is 2 years. Members of the oversight panel are eligible for

79-29 reappointment.

79-30 Sec. 135. NRS 393.097 is hereby amended to read as follows:

79-31 393.097 1. On or before July 1 of each even-numbered year, each

79-32 oversight panel for school facilities established in a county whose

79-33 population is 100,000 or more pursuant to NRS 393.092 and each board of

79-34 trustees of a school district in a county whose population is less than

79-35 100,000 shall submit to the director of the legislative counsel bureau for

79-36 transmittal to the next regular session of the legislature written

79-37 recommendations for financing the costs of new construction, design,

79-38 maintenance and repair of school facilities. If a school district includes a

79-39 community school board, the board of trustees of the school district shall

79-40 consult with the community school board before submitting the

79-41 recommendations required by this section.

79-42 2. In a county whose population is 100,000 or more, the oversight

79-43 panel for school facilities shall review and approve or disapprove a request

80-1 by the board of trustees of the school district for the issuance of general

80-2 obligation bonds pursuant to subsection 4 of NRS 350.020.

81-1 Sec. 136. NRS 393.100 is hereby amended to read as follows:

81-2 393.100 The board of trustees of a school district and a community

81-3 school board shall keep the public school buildings, teacherages,

81-4 dormitories, dining halls, gymnasiums, stadiums and all other buildings in

81-5 [its] their respective charge in such repair as is necessary for the comfort

81-6 and health of pupils and teachers.

81-7 Sec. 137. NRS 393.220 is hereby amended to read as follows:

81-8 393.220 1. When the board of trustees of a school district determines

81-9 that the sale, rental or lease of real property belonging to the school district

81-10 is necessary or for the best interests of the school district, the board shall

81-11 have the power to sell, rent or lease such real property, whether acquired

81-12 by purchase, dedication or otherwise.

81-13 2. The provisions of subsection 1 shall not be construed to permit the

81-14 sale, rental or lease of any real property in contravention of any condition

81-15 in a gift or devise of real property to the school district.

81-16 3. If the board of trustees of a school district sells real property

81-17 belonging to the school district which includes a community school

81-18 board, the board of trustees shall transfer to the separate account in the

81-19 county school district buildings and sites fund maintained by the county

81-20 treasurer pursuant to NRS 387.177 on behalf of the community school

81-21 board or the separate account maintained by the board of trustees

81-22 pursuant to NRS 387.177 on behalf of the community school board, a

81-23 proportionate amount of the proceeds from the sale based upon the

81-24 assessed valuation of real property within the jurisdiction of the

81-25 community school board.

81-26 Sec. 138. NRS 395.030 is hereby amended to read as follows:

81-27 395.030 1. An adult person with a disability who is eligible to

81-28 receive benefits pursuant to this chapter or a parent, guardian or other

81-29 person having the care, custody or control of a person with a disability who

81-30 is eligible may file an application for those benefits with the board of

81-31 trustees of the school district in which the person with a disability is a

81-32 resident [.] , regardless if the person resides within a high school

81-33 attendance zone that comprises a community school board.

81-34 2. If the board of trustees of the school district is satisfied that the

81-35 school district is unable to provide an appropriate special education

81-36 program and related services for the particular disability and grade or level

81-37 of education of the person with a disability, the board of trustees shall

81-38 certify that fact and transmit the application to the superintendent of public

81-39 instruction.

82-1 Sec. 139. NRS 41.0307 is hereby amended to read as follows:

82-2 41.0307 As used in NRS 41.0305 to 41.039, inclusive:

82-3 1. "Employee" includes an employee of a part-time or full-time board,

82-4 commission or similar body of the state or a political subdivision of the

82-5 state which is created by law.

82-6 2. "Employment" includes any services performed by an immune

82-7 contractor.

82-8 3. "Immune contractor" means any natural person, professional

82-9 corporation or professional association which:

82-10 (a) Is an independent contractor with the state pursuant to NRS

82-11 284.173; and

82-12 (b) Contracts to provide medical services for the department of
82-13 prisons.

82-14 As used in this subsection, "professional corporation" and "professional

82-15 association," have the meanings ascribed to them in NRS 89.020.

82-16 4. "Public officer" or "officer" includes:

82-17 (a) A member of a part-time or full-time board, including, without

82-18 limitation, a community school board, commission or similar body of the

82-19 state or a political subdivision of the state which is created by law.

82-20 (b) A public defender and any deputy or assistant attorney of a public

82-21 defender or an attorney appointed to defend a person for a limited duration

82-22 with limited jurisdiction.

82-23 (c) A district attorney and any deputy or assistant district attorney or an

82-24 attorney appointed to prosecute a person for a limited duration with limited

82-25 jurisdiction.

82-26 Sec. 140. NRS 252.110 is hereby amended to read as follows:

82-27 252.110 The district attorney shall:

82-28 1. Draw all indictments, when required by the grand jury.

82-29 2. Defend all suits brought against his county.

82-30 3. Prosecute all recognizances forfeited in the district court and all

82-31 actions for the recovery of debts, fines, penalties and forfeitures accruing

82-32 to his county.

82-33 4. Except with respect to matters for which the board of trustees of the

82-34 school district or a community school board within the school district has

82-35 employed private counsel, draw all legal papers, give his written opinion

82-36 when required on matters relating to the duties of the board of trustees and

82-37 the community school board and transact the legal business of the school

82-38 district whose boundaries are conterminous with the boundaries of his

82-39 county, and perform such other legal duties as may be required of him by

82-40 the board of trustees [.] or community school board.

82-41 5. Bring all actions on behalf of the county for abatement of nuisances

82-42 pursuant to order of the board of county commissioners or, in the

82-43 discretion of the district attorney, pursuant to an ordinance of the county as

83-1 provided by subsection 6 of NRS 244.360, [subsection 6,] including

83-2 actions for injunction, as well as for recovery of compensatory and

83-3 exemplary damages and costs of suit.

83-4 6. Perform such other duties as may be required of him by law.

83-5 Sec. 141. NRS 278.185 is hereby amended to read as follows:

83-6 278.185 When the board of trustees of a school district or a

83-7 community school board develops a plan for the future construction of one

83-8 or more schools, it shall notify each city, county or regional planning

83-9 commission any part of whose territory will be served by a proposed

83-10 school. The notice must include the grades to be taught, the number of

83-11 pupils to be accommodated, and the area to be served. The board of

83-12 trustees of the school district or community school board shall notify each

83-13 commission of any change in or abandonment of its plan.

83-14 Sec. 142. NRS 281.210 is hereby amended to read as follows:

83-15 281.210 1. Except as otherwise provided in this section, it is

83-16 unlawful for any person acting as a school trustee, member of a

83-17 community school board, state, township, municipal or county officer, or

83-18 as an employing authority of the University and Community College

83-19 System of Nevada, any school district or of the state, any town, city or

83-20 county, or for any state or local board, agency or commission, elected or

83-21 appointed, to employ in any capacity on behalf of the State of Nevada, or

83-22 any county, township, municipality or school district thereof, or the

83-23 University and Community College System of Nevada, any relative of

83-24 such a person or of any member of such a board, agency or commission

83-25 who is within the third degree of consanguinity or affinity.

83-26 2. This section does not apply:

83-27 (a) To school districts, when the teacher or other school employee is not

83-28 related to more than one of the trustees , member of a community school

83-29 board or person who is an employing authority by consanguinity or

83-30 affinity and receives a unanimous vote of all members of the board of

83-31 trustees of the school district or community school board, as appropriate,

83-32 and approval by the state department of education.

83-33 (b) To school districts, when the teacher or other school employee has

83-34 been employed by an abolished school district or educational district,

83-35 which constitutes a part of the employing county school district, and the

83-36 county school district for 4 years or more before April 1, 1957.

83-37 (c) To the spouse of the warden of an institution or manager of a facility

83-38 of the department of prisons.

83-39 (d) To the spouse of the superintendent of the Caliente youth center.

83-40 (e) To relatives of blind officers and employees of the bureau of

83-41 services to the blind and visually impaired of the rehabilitation division of

83-42 the department of employment, training and rehabilitation when those

84-1 relatives are employed as automobile drivers for those officers and

84-2 employees.

84-3 3. Nothing in this section:

84-4 (a) Prevents any officer in this state, employed under a flat salary, from

84-5 employing any suitable person to assist in any such employment, when the

84-6 payment for the service is met out of the personal money of the officer.

84-7 (b) Disqualifies any widow with a dependent as an employee of any

84-8 officer or board in this state, or any of its counties, townships,

84-9 municipalities or school districts.

84-10 4. A person employed contrary to the provisions of this section must

84-11 not be compensated for the employment.

84-12 5. Any person violating any provisions of this section is guilty of a

84-13 gross misdemeanor.

84-14 Sec. 143. NRS 288.150 is hereby amended to read as follows:

84-15 288.150 1. Except as otherwise provided in subsection 4, every local

84-16 government employer shall negotiate in good faith through one or more

84-17 representatives of its own choosing concerning the mandatory subjects of

84-18 bargaining set forth in subsection 2 with the designated representatives of

84-19 the recognized employee organization, if any, for each appropriate

84-20 bargaining unit among its employees. If either party so requests,

84-21 agreements reached must be reduced to writing.

84-22 2. The scope of mandatory bargaining is limited to:

84-23 (a) Salary or wage rates or other forms of direct monetary

84-24 compensation.

84-25 (b) Sick leave.

84-26 (c) Vacation leave.

84-27 (d) Holidays.

84-28 (e) Other paid or nonpaid leaves of absence.

84-29 (f) Insurance benefits.

84-30 (g) Total hours of work required of an employee on each workday or

84-31 work week.

84-32 (h) Total number of days’ work required of an employee in a work year.

84-33 (i) Discharge and disciplinary procedures.

84-34 (j) Recognition clause.

84-35 (k) The method used to classify employees in the bargaining unit.

84-36 (l) Deduction of dues for the recognized employee organization.

84-37 (m) Protection of employees in the bargaining unit from discrimination

84-38 because of participation in recognized employee organizations consistent

84-39 with the provisions of this chapter.

84-40 (n) No-strike provisions consistent with the provisions of this chapter.

84-41 (o) Grievance and arbitration procedures for resolution of disputes

84-42 relating to interpretation or application of collective bargaining

84-43 agreements.

85-1 (p) General savings clauses.

85-2 (q) Duration of collective bargaining agreements.

85-3 (r) Safety of the employee.

85-4 (s) Teacher preparation time.

85-5 (t) Materials and supplies for classrooms.

85-6 (u) The policies for the transfer and reassignment of teachers.

85-7 (v) Procedures for reduction in work force.

85-8 3. Those subject matters which are not within the scope of mandatory

85-9 bargaining and which are reserved to the local government employer

85-10 without negotiation include:

85-11 (a) Except as otherwise provided in paragraph (u) of subsection 2, the

85-12 right to hire, direct, assign or transfer an employee, but excluding the right

85-13 to assign or transfer an employee as a form of discipline.

85-14 (b) The right to reduce in force or lay off any employee because of lack

85-15 of work or lack of money, subject to paragraph (v) of subsection 2.

85-16 (c) The right to determine:

85-17 (1) Appropriate staffing levels and work performance standards,

85-18 except for safety considerations;

85-19 (2) The content of the workday, including , without limitation , work

85-20 load factors, except for safety considerations;

85-21 (3) The quality and quantity of services to be offered to the public;

85-22 and

85-23 (4) The means and methods of offering those services.

85-24 (d) Safety of the public.

85-25 4. Notwithstanding the provisions of any collective bargaining

85-26 agreement negotiated pursuant to this chapter, a local government

85-27 employer is entitled to take whatever actions may be necessary to carry out

85-28 its responsibilities in situations of emergency such as a riot, military action,

85-29 natural disaster or civil disorder. Those actions may include the suspension

85-30 of any collective bargaining agreement for the duration of the emergency.

85-31 Any action taken under the provisions of this subsection must not be

85-32 construed as a failure to negotiate in good faith.

85-33 5. The provisions of this chapter, including , without limitation , the

85-34 provisions of this section, recognize and declare the ultimate right and

85-35 responsibility of the local government employer to manage its operation in

85-36 the most efficient manner consistent with the best interests of all its

85-37 citizens, its taxpayers and its employees.

85-38 6. This section does not preclude, but this chapter does not require the

85-39 local government employer to negotiate subject matters enumerated in

85-40 subsection 3 which are outside the scope of mandatory bargaining. The

85-41 local government employer shall discuss subject matters outside the scope

85-42 of mandatory bargaining but it is not required to negotiate those matters.

86-1 7. A collective bargaining agreement between the board of trustees of

86-2 a school district in which a community school board is located and any

86-3 administrators of that school district who are employed in public schools

86-4 within the jurisdiction of the community school board must set forth and

86-5 otherwise recognize the authority prescribed by statute of the community

86-6 school board to make decisions concerning the employment of those

86-7 administrators within the terms of the collective bargaining agreement.

86-8 8. Contract provisions presently existing in signed and ratified

86-9 agreements as of May 15, 1975, at 12 p.m. remain negotiable.

86-10 Sec. 144. NRS 288.217 is hereby amended to read as follows:

86-11 288.217 1. The provisions of this section govern negotiations

86-12 between school districts and employee organizations representing teachers

86-13 and educational support personnel.

86-14 2. If the parties to a negotiation pursuant to this section have failed to

86-15 reach an agreement after at least four sessions of negotiation, either party

86-16 may declare the negotiations to be at an impasse and, after 5 days’ written

86-17 notice is given to the other party, submit the issues remaining in dispute to

86-18 an arbitrator. The arbitrator must be selected in the manner provided in

86-19 subsection 2 of NRS 288.200 and has the powers provided for factfinders

86-20 in NRS 288.210.

86-21 3. The arbitrator shall, within 30 days after he is selected, and after 7

86-22 days’ written notice is given to the parties, hold a hearing to receive

86-23 information concerning the dispute. The hearing must be held in the county

86-24 in which the school district is located and the arbitrator shall arrange for a

86-25 full and complete record of the hearing.

86-26 4. The parties to the dispute shall each pay one-half of the costs of the

86-27 arbitration.

86-28 5. A determination of the financial ability of a school district must be

86-29 based on all existing available revenues , including, without limitation,

86-30 existing available revenues maintained in a separate account on behalf

86-31 of a community school board pursuant to section 37 of this act, as

86-32 established by the school district and within the limitations set forth in

86-33 NRS 354.6241, with due regard for the obligation of the school district to

86-34 provide an education to the children residing within the district.

86-35 6. At the recommendation of the arbitrator, the parties may, before the

86-36 submission of a final offer, enter into negotiations. If the negotiations are

86-37 begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an

86-38 agreement is reached, it must be submitted to the arbitrator, who shall

86-39 certify it as final and binding.

86-40 7. If the parties do not enter into negotiations or do not agree within 30

86-41 days after the hearing held pursuant to subsection 3, each of the parties

86-42 shall submit a single written statement containing its final offer for each of

86-43 the unresolved issues.

87-1 8. The arbitrator shall, within 10 days after the final offers are

87-2 submitted, render his decision on the basis of the criteria set forth in NRS

87-3 288.200. The arbitrator shall accept one of the written statements and shall

87-4 report his decision to the parties. The decision of the arbitrator is final and

87-5 binding on the parties. Any award of the arbitrator is retroactive to the

87-6 expiration date of the last contract between the parties.

87-7 9. The decision of the arbitrator must include a statement:

87-8 (a) Giving his reason for accepting the final offer that is the basis of his

87-9 award; and

87-10 (b) Specifying his estimate of the total cost of the award.

87-11 10. As used in this section:

87-12 (a) "Educational support personnel" means all classified employees of a

87-13 school district, other than teachers, who are represented by an employee

87-14 organization.

87-15 (b) "Teacher" means an employee of a school district who is licensed to

87-16 teach in this state and who is represented by an employee organization.

87-17 Sec. 145. NRS 289.190 is hereby amended to read as follows:

87-18 289.190 1. A person employed or appointed to serve as a school

87-19 police officer pursuant to subsection [4] 5 of NRS 391.100 has the powers

87-20 of a peace officer.

87-21 2. A person appointed pursuant to NRS 393.0718 by the board of

87-22 trustees of any school district has the powers of a peace officer to carry out

87-23 the intents and purposes of NRS 393.071 to 393.0719, inclusive.

87-24 3. Members of every board of trustees of a school district, members of

87-25 each community school board, superintendents of schools, principals and

87-26 teachers have concurrent power with peace officers for the protection of

87-27 children in school and on the way to and from school, and for the

87-28 enforcement of order and discipline among such children, including

87-29 children who attend school within one school district but reside in an

87-30 adjoining school district or adjoining state, pursuant to the provisions of

87-31 chapter 392 of NRS. This subsection must not be construed so as to make

87-32 it the duty of superintendents of schools, principals and teachers to

87-33 supervise the conduct of children while not on the school property.

87-34 Sec. 146. Section 26 of chapter 516, Statutes of Nevada 1997, at page

87-35 2469, is hereby amended to read as follows:

87-36 Sec. 26. Section 8 of this act is hereby amended to read as

87-37 follows:

87-38 Sec. 8. [1.] On or before July 1 of each even-numbered year,

87-39 each oversight panel for school facilities established in a county

87-40 whose population is 100,000 or more pursuant to section 6 of this

87-41 act and each board of trustees of a school district in a county whose

87-42 population is less than 100,000 shall submit to the director of the

87-43 legislative counsel bureau for transmittal to the next regular session

88-1 of the legislature written recommendations for financing the costs

88-2 of new construction, design, maintenance and repair of school

88-3 facilities. If a school district includes a community school board,

88-4 the board of trustees of the school district shall consult with the

88-5 community school board before submitting the recommendations

88-6 required by this section.

88-7 [2. In a county whose population is 100,000 or more, the

88-8 oversight panel for school facilities shall review and approve or

88-9 disapprove a request by the board of trustees of the school district

88-10 for the issuance of general obligation bonds pursuant to subsection

88-11 4 of NRS 350.020.]

88-12 Sec. 147. The legislative counsel shall:

88-13 1. In preparing the reprint and supplement to the Nevada Revised

88-14 Statutes, with respect to any section which is not amended by this act or is

88-15 further amended by another act, appropriately correct any incorrect

88-16 reference regarding the formation and jurisdiction of community school

88-17 boards.

88-18 2. In preparing supplements to the Nevada Administrative Code,

88-19 appropriately correct any incorrect reference regarding the formation and

88-20 jurisdiction of community school boards.

88-21 Sec. 148. The amendatory provisions of this act do not apply to

88-22 offenses that were committed before July 1, 1999.

88-23 Sec. 149. 1. This section and sections 1 to 100, inclusive, 102 to

88-24 134, inclusive, and 136 to 148, inclusive, of this act become effective on

88-25 July 1, 1999.

88-26 2. Sections 101 and 135 become effective at 12:01 a.m. on July 1,

88-27 1999.

88-28 3. This act expires by limitation on July 1, 2005.

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