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
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: 385.005 1. The legislature reaffirms its intent that public education1-3
in the State of Nevada is essentially a matter for local control by local1-4
school districts. The provisions of this Title are intended to reserve to the1-5
boards of trustees of local school districts and, where specified, the1-6
community school boards within this state such rights and powers as are1-7
necessary to maintain control of the education of the children within their1-8
respective districts1-9
1-10
2. The responsibility of establishing a statewide policy of integration1-11
or desegregation of public schools is reserved to the legislature. The1-12
responsibility for establishing a local policy of integration or desegregation1-13
of public schools consistent with the statewide policy established by the1-14
legislature is delegated to the respective boards of trustees of local school1-15
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 school2-2
district, a community school board, the governing body of each charter2-3
school and any other school officer may, advise the legislature at each2-4
regular session of any recommended legislative action to ensure high2-5
standards of equality of educational opportunity for all children in the State2-6
of Nevada.2-7
Sec. 2. NRS 385.007 is hereby amended to read as follows: 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 trustees2-10
of a county school district who are elected pursuant to the provisions of2-11
NRS 386.160 to 386.225, inclusive.2-12
2. "Charter school" means a public school that is formed pursuant to2-13
the provisions of NRS 386.500 to 386.610, inclusive.2-14
2-15
pursuant to the provisions of sections 15 to 18, inclusive, of this act2-16
whose members are elected or appointed pursuant to the provisions of2-17
sections 18 and 20 to 23, inclusive, of this act.2-18
4. "Department" means the department of education.2-19
2-20
schools, junior high schools and middle schools, high schools, charter2-21
schools and any other schools, classes and educational programs which2-22
receive their support through public taxation and, except for charter2-23
schools, whose textbooks and courses of study are under the control of the2-24
state board.2-25
2-26
Sec. 3. NRS 385.110 is hereby amended to read as follows: 385.110 1. Except as otherwise provided in subsections 2 and 32-28
and section 28 of this act, the state board shall prescribe and cause to be2-29
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 the2-32
approval of the state board; and2-33
(b) Any high school offering courses normally accredited as being2-34
beyond the level of the 12th grade shall, before offering such courses, have2-35
them approved by the state board.2-36
3. A charter school is not required to offer the courses of study2-37
prescribed by the state board except for those courses of study which are2-38
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: 385.210 1. The superintendent of public instruction shall prescribe a2-41
convenient form of school register for the purpose of securing accurate2-42
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 a3-3
community school board and other school officer in the state. When3-4
additions or amendments are made to the school law, he shall have them3-5
printed and transmitted immediately thereafter. Each pamphlet3-6
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 and3-8
publish a bulletin as the official publication of the department.3-9
Sec. 5. NRS 385.347 is hereby amended to read as follows: 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 as3-12
representing licensed personnel in education in the district, shall adopt a3-13
program providing for the accountability of the school district to the3-14
residents of the district and to the state board for the quality of the schools3-15
and the educational achievement of the pupils in the district, including,3-16
without limitation, pupils who are enrolled in schools that are within the3-17
jurisdiction of a community school board in the district and pupils3-18
enrolled in charter schools in the school district.3-19
2. The board of trustees of each school district shall, on or before3-20
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 the3-23
district and the district as a whole, including, without limitation, each3-24
charter school in the district3-25
jurisdiction of a community school board in the district. Unless otherwise3-26
directed by the department, the board of trustees of the district shall base3-27
its report on the results of the examinations administered pursuant to NRS3-28
389.015 and shall compare the results of those examinations for the current3-29
school year with those of previous school years. The report must include,3-30
for each school in the district, including, without limitation, each school3-31
that is within the jurisdiction of a community school board in the district3-32
and each charter school in the district, and each grade in which the3-33
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 from3-36
administering or a pupil was exempt from taking an examination; and3-37
(3) A record of attendance for the period in which the examinations3-38
were administered, including an explanation of any difference in the3-39
number of pupils who took the examinations and the number of pupils in3-40
attendance in that period.3-41
In addition, the board of trustees of the school district shall also report the3-42
results of other examinations of pupil achievement administered to pupils3-43
in the school district in grades other than 4, 8, 10 and 11. The results of4-1
these examinations for the current school year must be compared with4-2
those of previous school years.4-3
(c) The ratio of pupils to teachers in kindergarten and at each grade4-4
level for each elementary school in the district and the district as a whole,4-5
including, without limitation, each charter school in the district4-6
each school that is within the jurisdiction of a community school board4-7
in the district, the average class size for each required course of study for4-8
each secondary school in the district and the district as a whole, including,4-9
without limitation, each charter school in the district4-10
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 school4-12
district.4-13
(d) A comparison of the types of classes that each teacher has been4-14
assigned to teach with the qualifications and licensure of the teacher, for4-15
each school in the district and the district as a whole, including, without4-16
limitation, each charter school in the district4-17
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 the4-19
district as a whole, including, without limitation, each charter school in the4-20
district4-21
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 the4-25
jurisdiction of a community school board in the district; and4-26
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, for4-29
each school in the district and the district as a whole, including, without4-30
limitation, each charter school in the district4-31
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 the4-34
district as a whole4-35
within the jurisdiction of a community school board in the district.4-36
(i) Records of attendance of teachers who provide instruction, for each4-37
school in the district and the district as a whole, including, without4-38
limitation, each school that is within the jurisdiction of a community4-39
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 district4-42
each school that is within the jurisdiction of a community school board4-43
in the district, to increase:5-1
(1) Communication with the parents of pupils in the district; and5-2
(2) The participation of parents in the educational process and5-3
activities relating to the school district and each school, including, without5-4
limitation, the existence of parent organizations and school advisory5-5
committees.5-6
(k) Records of incidents involving weapons or violence for each school5-7
in the district, including, without limitation, each charter school in the5-8
district5-9
school board in the district.5-10
(l) Records of incidents involving the use or possession of alcoholic5-11
beverages or controlled substances for each school in the district,5-12
including, without limitation, each charter school in the district5-13
each school that is within the jurisdiction of a community school board5-14
in the district.5-15
(m) Records of the suspension and expulsion of pupils required or5-16
authorized pursuant to NRS 392.466 and 392.467.5-17
(n) The transiency rate of pupils for each school in the district and the5-18
district as a whole, including, without limitation, each charter school in the5-19
district5-20
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 board5-24
in the district and each charter school in the district, the percentage of5-25
pupils who graduated from that high school or charter school in the5-26
immediately preceding year and enrolled in remedial courses in reading,5-27
writing or mathematics at a university or community college within the5-28
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 school5-31
is within the jurisdiction of a community school board in the district, and5-32
the district’s plan to incorporate educational technology at each school.5-33
(r) Such other information as is directed by the superintendent of public5-34
instruction.5-35
3. The superintendent of public instruction shall:5-36
(a) Prescribe forms for the reports required pursuant to subsection 2 and5-37
provide the forms to the respective school districts.5-38
(b) Provide statistical information and technical assistance to the school5-39
districts to ensure that the reports provide comparable information with5-40
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; and6-4
(6) Legislative counsel bureau,6-5
concerning the program and consider any advice or recommendations6-6
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 each6-8
school district shall submit to the advisory board to review school6-9
attendance created in the county pursuant to NRS 392.126 the information6-10
required in paragraph (g) of subsection 2.6-11
5. On or before February 15 of each year, each community school6-12
board shall submit to the board of trustees of the school district in which6-13
the community school board is located, the information required of the6-14
community school board pursuant to paragraphs (a) to (r), inclusive, of6-15
subsection 2.6-16
Sec. 6. NRS 385.363 is hereby amended to read as follows: 385.363 The department shall, on or before December 15 of each year:6-18
1. Evaluate the information submitted by each school district pursuant6-19
to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and6-20
2. Based upon its evaluation and in accordance with the criteria set6-21
forth in NRS 385.365 and 385.367, designate each public school within6-22
each school district , including, without limitation, each school that is6-23
within the jurisdiction of a community school board in the district as:6-24
(a) Demonstrating high achievement;6-25
(b) Demonstrating adequate achievement; or6-26
(c) Demonstrating inadequate achievement.6-27
Sec. 7. NRS 385.369 is hereby amended to read as follows: 385.369 As soon as practicable after the department makes a6-29
designation pursuant to NRS 385.363, the department shall provide written6-30
notice of the designation to the principal of the particular school. In6-31
addition, the department shall provide written notice of each such6-32
designation as follows:6-33
1. Designations for all6-34
(a) Governor;6-35
(b) Committee;6-36
(c) Bureau; and6-37
(d) State board.6-38
2. Designations for all6-39
(a) Superintendent of schools of the school district; and6-40
(b) Board of trustees of the school district.6-41
3. Designations for all the schools within the jurisdiction of a6-42
community school board to the community school board.7-1
Each notice that the department provides pursuant to this section must7-2
include, for each school that the department designates as demonstrating7-3
inadequate achievement, the number of consecutive years, if any, in which7-4
the school has received that designation.7-5
Sec. 8. NRS 385.371 is hereby amended to read as follows: 385.371 If the department designates a school as demonstrating7-7
inadequate achievement pursuant to NRS 385.367 and the provisions of7-8
NRS 385.373 and 385.375 do not apply, the board of trustees of the school7-9
district in which the school is located or, if the school is within the7-10
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 the7-13
school’s pupils as measured by the examinations required pursuant to NRS7-14
389.015.7-15
2. On or before February 15 of the year immediately succeeding the7-16
year in which the designation was made, submit the plan to the:7-17
(a) Governor;7-18
(b) Department;7-19
(c) Committee; and7-20
(d) Bureau.7-21
Sec. 9. NRS 385.373 is hereby amended to read as follows: 385.373 If the department designates a school as demonstrating7-23
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 the7-27
pupils who are enrolled in the school as measured by the examinations7-28
required pursuant to NRS 389.015.7-29
3. On or before February 15 of the year immediately succeeding the7-30
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 located7-32
7-33
school board, to the community school board;7-34
(b) Governor;7-35
(c) State board;7-36
(d) Committee; and7-37
(e) Bureau.7-38
Sec. 10. NRS 385.375 is hereby amended to read as follows: 385.375 If the department designates a school as demonstrating7-40
inadequate achievement pursuant to NRS 385.367 for 3 or more7-41
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 the8-2
school’s pupils as measured by the examinations required pursuant to NRS8-3
389.015; and8-4
(c) Submit the plan to the:8-5
(1) Board of trustees of the school district in which the school is8-6
located8-7
community school board, the community school board;8-8
(2) Governor;8-9
(3) State board;8-10
(4) Committee; and8-11
(5) Bureau.8-12
A plan prepared and submitted by the department pursuant to this8-13
subsection must contain specific information about the school, including,8-14
but not limited to, information concerning the administrative operation of8-15
the school, the curriculum of the school and the financial and other8-16
resources of the school.8-17
2. The board of trustees of the school district in which the school is8-18
located or, if the school is located within the jurisdiction of a community8-19
school board, the community school board shall, until such time as the8-20
school is designated as demonstrating high achievement or adequate8-21
achievement pursuant to NRS 385.365, make at least four reports per year8-22
to the department, the committee and the governor concerning the progress8-23
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: 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 the8-27
school pursuant to NRS 385.373 or 385.375 or the plan prepared by the8-28
board of trustees of the school district or community school board8-29
pursuant to NRS 385.371;8-30
(b) Identify and investigate the problems and factors at the school that8-31
contributed to the designation of the school as demonstrating inadequate8-32
achievement;8-33
(c) Hold a public meeting to discuss the actions that the school will8-34
need to take to warrant receiving a designation of demonstrating high8-35
achievement or adequate achievement;8-36
(d) On or before April 1, prepare a written report that includes an8-37
analysis of the problems and factors at the school which contributed to the8-38
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 availability9-3
and accessibility of educational technology; and9-4
(5) Any other factors that the panel believes contributed to the9-5
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 is9-9
located9-10
community school board, the community school board;9-11
(3) Superintendent of schools of the school district in which the9-12
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; and9-18
(9) Bureau;9-19
(f) Make the written report available, upon request, to each parent or9-20
legal guardian of a pupil who is enrolled in the school; and9-21
(g) In accordance with its findings pursuant to this subsection, adopt9-22
revisions to the most recent plan prepared by the department for the school9-23
pursuant to NRS 385.373 or 385.375.9-24
2. The department shall, not more than 1 month after receiving the9-25
written report submitted by the panel:9-26
(a) Amend the most recent plan prepared by the department for the9-27
school pursuant to NRS 385.373 or 385.375. In amending the plan, the9-28
department shall incorporate the revisions adopted by the panel pursuant to9-29
paragraph (g) of subsection 1.9-30
(b) Submit to the panel a copy of an amended plan for the school which9-31
demonstrates to the satisfaction of the panel that the department9-32
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 designation9-35
that it gives to the school pursuant to NRS 385.363 for the school year9-36
immediately succeeding the establishment of the panel. If the school does9-37
not earn a designation as demonstrating high achievement or adequate9-38
achievement for the school year immediately succeeding the establishment9-39
of the panel, the panel shall take such action pursuant to subsection 1 and9-40
NRS 385.383 as it deems necessary to ensure that the school takes action9-41
to improve its designation.10-1
Sec. 12. NRS 385.386 is hereby amended to read as follows: 385.386 1. If a panel established pursuant to NRS 385.37810-3
determines that an administrator must be appointed to oversee the10-4
operation of a school, the superintendent of public instruction shall, on or10-5
before May 1, appoint a licensed administrator to do so. The administrator10-6
must:10-7
(a) Possess knowledge and experience concerning the administration of10-8
public schools.10-9
(b) Be appointed from a list of three qualified persons submitted to the10-10
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 school10-14
to ensure that the plan prepared by the department pursuant to NRS10-15
385.375 and revised by the panel pursuant to NRS 385.381 is followed.10-16
This subparagraph does not prohibit the administrator from recommending10-17
changes to the plan.10-18
(2) On a quarterly basis, make reports to the department, the10-19
governor and the committee regarding the progress of the school toward10-20
earning a designation of demonstrating high achievement or adequate10-21
achievement pursuant to NRS 385.365.10-22
(b) May take any action not prohibited by law to ensure that the10-23
performance of the pupils of the school on the examinations administered10-24
pursuant to NRS 389.015 improves to such a level that the school is10-25
designated as demonstrating high achievement or adequate achievement10-26
pursuant to NRS 385.365.10-27
(c) Serves at the pleasure of the superintendent of public instruction and10-28
is entitled to receive such compensation as may be set by the10-29
superintendent.10-30
3. A school district or a community school board that contains a10-31
school for which an administrator is appointed pursuant to this section10-32
shall reimburse the department for any expenses incurred by the10-33
department pursuant to subsection 2.10-34
4. If a school for which an administrator is appointed pursuant to this10-35
section receives a designation of demonstrating high achievement or10-36
adequate achievement pursuant to NRS 385.365, the superintendent of10-37
public instruction shall terminate the oversight of the school by the10-38
administrator. After the superintendent terminates the oversight of the10-39
school, the board of trustees of the school district in which the school is10-40
located or, if the school is located within the jurisdiction of a community10-41
school board, the community school board shall, on a quarterly basis and10-42
until such time as the school receives two consecutive designations of10-43
demonstrating high achievement or adequate achievement pursuant to NRS11-1
385.365, make reports to the department, the committee and the governor11-2
regarding actions taken at the school to maintain that designation.11-3
Sec. 13. Chapter 386 of NRS is hereby amended by adding thereto the11-4
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, thereby11-7
isolating the public schools located within the Lake Tahoe region from11-8
their respective school districts in Washoe and Douglas counties;11-9
2. The isolation of the public schools in the Lake Tahoe region11-10
presents a need for local boards that are elected by residents of the Lake11-11
Tahoe region and that are accessible and responsive to the unique needs11-12
of the public schools within the region and the pupils who are enrolled in11-13
those public schools; and11-14
3. The adoption of a pilot program authorizing the formation of11-15
community school boards within each county school district that includes11-16
public schools within the jurisdiction of the Nevada Tahoe regional11-17
planning agency:11-18
(a) Addresses the unique needs of the residents of the Lake Tahoe11-19
region to make decisions concerning the educational needs of the pupils11-20
who are enrolled in public schools within the region;11-21
(b) Grants to the residents of the Lake Tahoe region a local board that11-22
is accessible and responsive to the residents concerning the system of11-23
public education in that region; and11-24
(c) Allows the legislature and all other interested parties to consider11-25
the desirability of the formation of community school boards in other11-26
geographically isolated portions of this state.11-27
Sec. 15. 1. Except as otherwise provided in subsection 2, the public11-28
schools within a county that are within the jurisdiction of the Nevada11-29
Tahoe regional planning agency may form a community school board11-30
pursuant to the provisions of sections 15 to 18, inclusive, of this act.11-31
Upon formation, a community school board consists of three members11-32
who are elected or appointed pursuant to the provisions of sections 1811-33
and 20 to 23, inclusive, of this act.11-34
2. The jurisdiction of the proposed community school board may11-35
include only those public schools in a single county school district that11-36
are within the jurisdiction of the Nevada Tahoe regional planning11-37
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 be11-39
formed by five or more registered voters who reside within at least one11-40
high school attendance zone that is included within the proposed11-41
jurisdiction of a community school board.11-42
2. Before the committee begins to circulate the petition to form a11-43
community school board, the committee shall file a notice of its intention12-1
to form a community school board with the secretary of state. The notice12-2
must include:12-3
(a) A copy of the petition that will be circulated; and12-4
(b) An affidavit, signed by each member of the committee, that12-5
includes:12-6
(1) A statement that the committee accepts responsibility for12-7
circulating the petition;12-8
(2) A statement that the committee accepts responsibility for filing12-9
the petition with the secretary of state;12-10
(3) The names and addresses of each member of the committee;12-11
and12-12
(4) The address to which written notice concerning the petition12-13
must be sent.12-14
3. The petition must sufficiently describe each high school12-15
attendance zone that is included within the proposed jurisdiction of the12-16
community school board and each elementary, middle, junior high and12-17
high school within that area.12-18
Sec. 17. 1. On or before February 1, 2000, a committee desiring to12-19
form a community school board must file a petition with the secretary of12-20
state.12-21
2. To be certified as sufficient with regard to the number of12-22
signatures required for a petition to form a community school board, the12-23
petition must be signed in indelible ink by at least 50 percent of the12-24
registered voters who voted in the immediately preceding general election12-25
and who reside within the proposed jurisdiction of the community school12-26
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; and12-31
(d) The date of his signature.12-32
4. A petition may consist of more than one document. Each12-33
document must:12-34
(a) Be uniform in size and form;12-35
(b) Be circulated in only one high school attendance zone; and12-36
(c) Bear the name of the high school attendance zone in which the12-37
document is circulated.12-38
5. Each document of the petition that is submitted must have12-39
attached to it an affidavit signed by the person who circulated the12-40
document which attests that:12-41
(a) He personally circulated the document;12-42
(b) Each signature contained in the document was signed in his12-43
presence and is genuine to the best of his knowledge and belief; and13-1
(c) Each person who signed the petition had an opportunity before13-2
signing to examine the document.13-3
6. Not more than 15 days after a petition is submitted to the secretary13-4
of state, a person who signed the petition may submit a written request to13-5
the secretary of state, signed under penalty of perjury, that his name be13-6
removed from the petition.13-7
Sec. 18. 1. Not more than 20 days after a petition is submitted, the13-8
secretary of state shall verify the total number of signatures of registered13-9
voters who voted in the immediately preceding general election and who13-10
reside within a high school attendance zone within the jurisdiction of the13-11
proposed community school board. The secretary of state shall invalidate13-12
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 the13-14
petition. If the petition is insufficient, the secretary of state shall include13-15
in the certificate the reasons for the insufficiency.13-16
2. If a petition is insufficient because it lacks the required number of13-17
signatures, the committee to form a community school board that13-18
submitted the petition may amend the petition once by filing a notice to13-19
amend with the secretary of state not more than 10 days after the13-20
committee receives notice of the insufficiency of the petition. An13-21
amended petition containing the required number of additional13-22
signatures must be submitted to the secretary of state not more than 1013-23
days after the committee files a notice to amend. An amended petition13-24
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, the13-26
secretary of state shall verify the signatures on the amended petition. If13-27
the secretary of state determines that the petition is still insufficient, the13-28
secretary of state shall immediately so notify the committee that13-29
submitted the amended petition.13-30
4. If the certificate of sufficiency issued by the secretary of state13-31
pursuant to subsection 1 verifies that the number of signatures on the13-32
petition or amended petition is at least equal to 100 percent of the13-33
number of signatures required by section 17 of this act to form a13-34
community school board, he shall declare that the petition is sufficient13-35
and shall immediately so notify the county clerk of the county in which13-36
the community school board is located, the committee that submitted the13-37
petition, the board of trustees of the affected county school district and13-38
the superintendent of public instruction. The secretary of state shall13-39
include in his notice a listing of the voting precincts that are included13-40
within the proposed jurisdiction of the community school board.13-41
5. Upon receipt of notice from the secretary of state pursuant to13-42
subsection 4, the county clerk shall include:14-1
(a) A question of whether to form the community school board in14-2
accordance with the petition; and14-3
(b) The candidates for the three offices of member of the proposed14-4
community school board,14-5
on the same ballot in the next general election in the voting precincts14-6
identified by the secretary of state pursuant to subsection 4. If a14-7
candidate for office as a member of the community school board is14-8
elected, his term does not commence unless the question on whether to14-9
form the community school board is approved by a majority of the14-10
persons voting within the voting precincts identified by the secretary of14-11
state pursuant to subsection 4.14-12
Sec. 19. A community school board may be dissolved if at least 5014-13
percent of the registered voters who reside within the jurisdiction of the14-14
community school board approve the dissolution as evidenced by the14-15
submission of petitions to that effect in the manner set forth in sections14-16
15 to 18, inclusive, of this act.14-17
Sec. 20. If a community school board is formed pursuant to sections14-18
15 to 18, inclusive, of this act:14-19
1. A candidate for the office of member of a community school board14-20
must be a qualified elector and a resident of a voting precinct that is14-21
included within the jurisdiction of the community school board.14-22
2. Candidates for the office of member of a community school board14-23
must be nominated in the manner provided by the primary election laws14-24
of this state.14-25
3. The declaration of candidacy and the acceptance of a candidacy14-26
by candidates for the office of member of a community school board14-27
must be filed with the county clerk of the county in which the community14-28
school board is formed.14-29
Sec. 21. 1. Members of a community school board must be elected14-30
as provided in subsection 5 of section 18 of this act and the election laws14-31
of this state.14-32
2. Except as otherwise provided in this subsection, after the close of14-33
any election, and in accordance with law, the board of county14-34
commissioners shall make abstracts of the votes cast for members of a14-35
community school board and shall order the county clerk to issue14-36
election certificates to the candidates elected. The election certificates14-37
must not be issued if a majority of the voters do not approve the14-38
formation of a community school board pursuant to subsection 5 of14-39
section 18 of this act.14-40
3. The county clerk shall immediately transmit a copy of each14-41
election certificate to the superintendent of public instruction.15-1
Sec. 22. 1. The term of a member of a community school board is15-2
4 years, commencing on the first Monday in January next following his15-3
election. Upon the initial formation of a community school board, the15-4
authority of the community school board to control the operation of the15-5
public schools and make decisions on behalf of the public schools within15-6
the jurisdiction of the community school board begins on the first day of15-7
July next following the initial formation of the board.15-8
2. The members of a community school board shall select a15-9
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 his15-14
official oath and a statement showing the term for which he has been15-15
elected or appointed.15-16
Sec. 23. 1. A vacancy in the membership of a community school15-17
board must be filled by appointment by the remaining two members of15-18
the board at a public meeting. The public meeting must be held after15-19
notice of the meeting is published at least once each week for 2 weeks in15-20
a newspaper of general circulation in the jurisdiction of the community15-21
school board. The term of the member so appointed extends until the15-22
next general election, at which time his successor must be elected for the15-23
remainder of the unexpired term.15-24
2. Any person appointed to fill a vacancy must have the15-25
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 meeting15-27
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 the15-29
community school board. The jurisdiction of a community school board15-30
extends, as authorized by statute or as delegated by the board of trustees15-31
of the school district in which the community school board is located, to15-32
schools located within the high school attendance zones from which the15-33
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 board15-36
constitutes a quorum for the transaction of business, and no final action15-37
of the board is valid unless the action receives, at a regularly called15-38
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 without15-40
compensation.15-41
4. A community school board may hold its meeting in any public15-42
school or other public facility located within the jurisdiction of the15-43
community school board.16-1
Sec. 25. A community school board shall:16-2
1. Adopt a statement of goals and standards for the community16-3
school board and the public schools located within the jurisdiction of the16-4
community school board.16-5
2. Establish priorities for the educational achievement of pupils who16-6
are enrolled in the public schools within the jurisdiction of the16-7
community school board that are based upon an assessment of the16-8
educational needs of those pupils.16-9
3. Develop methods and programs of instruction to meet the16-10
priorities for educational achievement established by the community16-11
school board.16-12
4. Develop and carry out programs for the acquisition of the16-13
professional skills required of teachers and other educational personnel16-14
employed at public schools within the jurisdiction of the community16-15
school board to meet the priorities for educational achievement16-16
established by the community school board.16-17
5. Select instructional equipment, supplies and materials for the16-18
public schools within the jurisdiction of the community school board. If16-19
any equipment, supplies or materials are the subject of a collective16-20
bargaining agreement pursuant to NRS 288.150, the community school16-21
board shall obtain the approval of the parties who entered into the16-22
agreement.16-23
6. Determine the use of facilities for instruction at the public schools16-24
located within the jurisdiction of the community school board.16-25
7. Make recommendations to the board of trustees of the school16-26
district in which the community school board is located concerning any16-27
matter relating to education that the community school board considers16-28
necessary.16-29
Sec. 26. 1. Except as otherwise provided in this subsection, a16-30
community school board may sue and be sued. If a community school16-31
board is sued, the county school district in which the community school16-32
board is located shall provide for its legal representation. A community16-33
school board shall not sue:16-34
(a) The board of trustees of a school district; or16-35
(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 liability16-38
pursuant to chapter 41 of NRS.16-39
Sec. 27. The board of trustees of a school district shall not take any16-40
punitive action against a parent or legal guardian of a pupil, a pupil, a16-41
teacher, an administrator or other employee of the school district for16-42
endorsing or otherwise facilitating the formation of a community school16-43
board.17-1
Sec. 28. The state board may, for a school within the jurisdiction of17-2
a community school board, waive a course of study otherwise required by17-3
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 duties17-6
relating to the operation of public schools that are not required by statute17-7
to be performed by a community school board, or delegated by the board17-8
of trustees of a school district to a community school board, are the17-9
responsibility of the board of trustees of the school district in which a17-10
community school board is located.17-11
2. If the board of trustees of a school district does not adequately17-12
fulfill a duty or service that the board of trustees is required to perform17-13
for the public schools within the jurisdiction of a community school17-14
board, the community school board may file a grievance with the interim17-15
finance committee. If the community school board elects to be17-16
represented by legal counsel in filing or otherwise pursuing such a17-17
grievance, the community school board may not use any public money to17-18
pay for any legal representation related to the grievance.17-19
Sec. 30. NRS 386.305 is hereby amended to read as follows: 386.305 A member of17-21
district or a community school board must not be financially interested in17-22
any contract made by the board of trustees or community school board of17-23
which he is a member.17-24
Sec. 31. NRS 386.350 is hereby amended to read as follows: 386.350 1. Each board of trustees of a school district is hereby given17-26
such reasonable and necessary powers, not conflicting with the constitution17-27
and the laws of the State of Nevada, as may be requisite to attain the ends17-28
for which the public schools are established and to promote the welfare of17-29
school children, including the establishment and operation of schools and17-30
classes deemed necessary and desirable.17-31
2. A community school board is hereby given such reasonable and17-32
necessary powers, not conflicting with the constitution and the laws of17-33
the State of Nevada and not inconsistent with the jurisdiction of the17-34
board of trustees of the school district in which the community school17-35
board is located, as may be requisite to attain the ends for which the17-36
public schools are established and to promote the welfare of school17-37
children, including the establishment and operation of schools and17-38
classes deemed necessary and desirable.17-39
Sec. 32. NRS 386.360 is hereby amended to read as follows: 386.360 1. Each board of trustees of a school district and each17-41
community school board may prescribe and enforce rules, not inconsistent17-42
with law or rules prescribed by the state board ,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 community18-2
school board shall prescribe rules for the granting of permission to carry or18-3
possess a weapon pursuant to NRS 202.265.18-4
Sec. 33. NRS 386.370 is hereby amended to read as follows: 386.370 Annually, on or before July 1 and at such other times as the18-6
superintendent of public instruction may require, each board of trustees of18-7
a school district and each community school board shall make or cause to18-8
be made a report to the superintendent of public instruction, in the manner18-9
and form prescribed by him.18-10
Sec. 34. NRS 386.380 is hereby amended to read as follows: 386.380 Every member of a board of trustees of a school district and18-12
every member of a community school board may administer oaths and18-13
affirmations relating to public schools.18-14
Sec. 35. NRS 386.525 is hereby amended to read as follows: 386.525 1. Upon approval of an application by the department, a18-16
committee to form a charter school may submit the application to the board18-17
of trustees of the school district in which the proposed charter school will18-18
be located. The board of trustees shall consider the application at a public18-19
meeting for which notice has been provided pursuant to chapter 241 of18-20
NRS. The board of trustees shall review the application to determine18-21
whether it is complete in accordance with the regulations of the18-22
department. If the proposed charter school will be located within the18-23
jurisdiction of a community school board, the board of trustees shall18-24
consult with the community school board before making a final18-25
determination on the application. The board of trustees shall approve an18-26
application if it is complete. The board of trustees shall provide written18-27
notice to the applicant of its approval or denial of the application. If the18-28
board of trustees denies an application, it shall include in the written notice18-29
the reasons for the denial and the deficiencies in the application. The18-30
applicant must be granted 30 days after receipt of the written notice to18-31
correct any deficiencies identified in the written notice and resubmit the18-32
application.18-33
2. If an application is approved by the board of trustees18-34
district, the board of trustees and the applicant shall enter into a written18-35
agreement concerning the methods and procedures for the board of trustees18-36
to monitor the progress of the charter school. The written agreement must18-37
authorize the board of trustees and the department to physically inspect the18-38
school at any time. The contents of the application set forth in NRS18-39
386.520 and the written agreement entered into pursuant to this subsection18-40
shall be deemed the written charter of the charter school. A written charter18-41
is for a term of 6 years unless the governing body of the charter school18-42
renews its initial charter after 3 years of operation pursuant to subsection 218-43
of NRS 386.530.19-1
3. If an application is approved by the board of trustees19-2
district, the committee to form a charter school that submitted the19-3
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 the19-5
approval of the board of trustees of the school district that granted the19-6
written charter, the written charter may be amended if such amendment19-7
will grant to the charter school a greater ability to achieve its educational19-8
goals and objectives. An amendment must not authorize an extension of19-9
the duration of the term of the written charter.19-10
Sec. 36. Chapter 387 of NRS is hereby amended by adding thereto the19-11
provisions set forth as sections 37 and 38 of this act.19-12
Sec. 37. If a community school board is formed pursuant to the19-13
provisions of sections 15 to 18, inclusive, of this act:19-14
1. The superintendent of public instruction shall cause the19-15
department to specify, as a percentage, the amount of money per pupil, if19-16
any, which the public schools within the jurisdiction of the community19-17
school board received in the immediately preceding school year in19-18
accordance with NRS 387.175 that was above the amount of money per19-19
pupil that was received by the public schools in that school district that19-20
are not within the jurisdiction of the community school board. Each19-21
school year, a community school board is entitled to receive, in addition19-22
to its proportional share of the money received in accordance with NRS19-23
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 an19-25
equivalent level of support.19-26
2. Except as otherwise provided in subsection 3, the county treasurer19-27
shall, in accordance with subsection 1, separately account in the county19-28
school district fund for all money received for the public schools within19-29
the jurisdiction of the community school board, including, without19-30
limitation, a proportional share of the money received in accordance with19-31
NRS 387.175, based upon the number of pupils who are enrolled in the19-32
public schools within the jurisdiction of the community school board as19-33
compared with the number of pupils who are enrolled in the public19-34
schools within the rest of the county school district. The county treasurer19-35
shall, in similar proportion, deduct an appropriate amount toward19-36
payment of a proportional share of the total operating expenses of the19-37
county school district, including, without limitation, transportational19-38
costs and any other administrative expenses of the county school district.19-39
The county treasurer shall also deduct the salaries for licensed and19-40
nonlicensed employees in the public schools within the jurisdiction of the19-41
community school board and any money that pupils who are enrolled in19-42
public schools within the jurisdiction of the community school board are19-43
not eligible for or are not otherwise entitled to receive, including, without20-1
limitation, money for programs of nutrition. The county treasurer shall20-2
accept gifts, grants, donations and bequests on behalf of the public20-3
schools within the jurisdiction of the community school board and20-4
transfer the proceeds to the account for the community school board. The20-5
interest and income earned on the money in the account for the20-6
community school board, after deducting any applicable charges, must20-7
be credited to the account.20-8
3. If the board of trustees of the school district in which the20-9
community school board is located has established a separate account20-10
pursuant to NRS 354.603, the board of trustees shall, in accordance with20-11
subsection 1, separately account for all money received for the public20-12
schools within the jurisdiction of the community school board, including,20-13
without limitation, a proportional share of the money received in20-14
accordance with NRS 387.175, based upon the number of pupils who are20-15
enrolled in the public schools within the jurisdiction of the community20-16
school board as compared with the number of pupils who are enrolled in20-17
the public schools within the rest of the county school district. The board20-18
of trustees shall, in similar proportion, deduct an appropriate amount20-19
toward payment of a proportional share of the total operating expenses20-20
of the county school district, including, without limitation,20-21
transportational costs and any other administrative expenses of the20-22
county school district. The county treasurer shall also deduct the salaries20-23
for licensed and nonlicensed employees in the public schools within the20-24
jurisdiction of the community school board and any money that pupils20-25
who are enrolled in public schools within the jurisdiction of the20-26
community school board are not eligible for or are not otherwise entitled20-27
to receive, including, without limitation, money for programs of20-28
nutrition. The board of trustees shall accept gifts, grants, donations and20-29
bequests on behalf of the public schools within the jurisdiction of the20-30
community school board and transfer the proceeds to the account for the20-31
community school board. The interest and income earned on the money20-32
in the account for the community school board, after deducting any20-33
applicable charges, must be credited to the account.20-34
4. The money in a separate account maintained pursuant to20-35
subsection 2 or 3 must be included in determining the financial ability of20-36
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 one20-38
or more community school boards exist levies a tax for the payment of20-39
debt service for bonds or other securities of the county school district, the20-40
board of trustees shall not pledge the revenue from the tax levied upon20-41
the property within the jurisdiction of the community school board unless20-42
the community school board approves the issuance of the bonds or other20-43
securities of the county school district and the projects which will be21-1
funded with the proceeds of the bonds or other securities. Such an21-2
approval of the community school board must be evidenced at a public21-3
hearing by a unanimous vote of the members of the community school21-4
board and included in the minutes of the meeting.21-5
2. The proceeds of any levy of taxes on the property within the21-6
jurisdiction of the community school board which, pursuant to21-7
subsection 1, are not pledged for the payment of the bonds or other21-8
securities for projects by the board of trustees of the school district must21-9
be transferred to the separate account in the county school district21-10
buildings and sites fund maintained by the county treasurer pursuant to21-11
NRS 387.177 on behalf of the community school board or the separate21-12
account maintained by the board of trustees of the school district21-13
pursuant to NRS 387.177 on behalf of the community school board.21-14
3. The community school board shall use the proceeds transferred21-15
pursuant to subsection 2 only for the purposes set forth in subsection 1 of21-16
NRS 387.335.21-17
4. A community school board that receives money pursuant to this21-18
section shall not use the money to:21-19
(a) Settle or arbitrate disputes or negotiate settlements between an21-20
organization that represents licensed employees of the school district and21-21
the school district.21-22
(b) Adjust the schedules of salaries and benefits of the employees of21-23
the school district.21-24
Sec. 39. NRS 387.175 is hereby amended to read as follows: 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 the21-28
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 and21-31
maintenance of the public schools in the county school district.21-32
If a community school board is located in a county school district, the21-33
county treasurer or the board of trustees of the school district shall21-34
account separately for the money in the county school district fund in21-35
accordance with section 37 of this act.21-36
Sec. 40. NRS 387.177 is hereby amended to read as follows: 387.177 1. There is hereby created in each county treasury or in a21-38
separate account, if established under NRS 354.603, a fund to be21-39
designated as the county school district buildings and sites fund.21-40
2. The county school district buildings and sites fund shall be21-41
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 enumerated22-2
in NRS 387.335.22-3
(c) All moneys received from the Federal Government for the22-4
construction of school facilities.22-5
3.22-6
community school board has been formed within the county school22-7
district, the county treasurer shall separately account in the county22-8
school district buildings and sites fund for money received pursuant to22-9
this section for the public schools within the jurisdiction of the22-10
community school board in a proportionate amount based upon the22-11
number of pupils who are enrolled in the public schools within the22-12
jurisdiction of the community school board as compared with the total22-13
number of pupils who are enrolled in the public schools within the rest of22-14
the county school district. If the board of trustees of a school district sells22-15
real property belonging to the school district, the community school22-16
board must be credited with a proportional share of the proceeds from22-17
the sale based upon the assessed valuation of the real property within the22-18
jurisdiction of the community school board as compared with the total22-19
assessed valuation of the real property in the rest of the county school22-20
district. The county treasurer shall accept gifts, grants, donations and22-21
bequests on behalf of the public schools within the jurisdiction of the22-22
community school board and transfer the proceeds to the separate22-23
account. The interest and income earned on the money in the account for22-24
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 county22-27
school district and the board of trustees of the school district has22-28
established a separate account pursuant to NRS 354.603, the board of22-29
trustees shall separately account for money received pursuant to this22-30
section for public schools within the jurisdiction of the community school22-31
board in a proportionate amount based upon the number of pupils who22-32
are enrolled in the public schools within the jurisdiction of the22-33
community school board as compared with the total number of pupils22-34
who are enrolled in the public schools within the rest of the county22-35
school district. If the board of trustees of a school district sells real22-36
property belonging to the school district, the community school board22-37
must be credited with a proportional share of the proceeds from the sale22-38
based upon the assessed valuation of the real property within the22-39
jurisdiction of the community school board as compared with the total22-40
assessed valuation of the real property in the rest of the county school22-41
district. The board of trustees shall accept gifts, grants, donations and22-42
bequests on behalf of the public schools within the jurisdiction of the22-43
community school board and transfer the proceeds to the separate23-1
account. The interest and income earned on the money in the account for23-2
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 be23-5
expended by the board of trustees, notwithstanding such expenditures have23-6
not been budgeted in accordance with law, only for the purposes23-7
enumerated in NRS 387.335, and no others.23-8
Sec. 41. NRS 387.3285 is hereby amended to read as follows: 387.3285 1. Upon the approval of a majority of the registered voters23-10
of a county voting upon the question, the board of county commissioners23-11
in each county with a school district whose enrollment is fewer than23-12
25,000 pupils may levy a tax which, when combined with any tax imposed23-13
pursuant to NRS 387.3287, is not more than 75 cents on each $100 of23-14
assessed valuation of taxable property within the county. The question23-15
submitted to the registered voters must include the period during which the23-16
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 county23-18
voting upon the question, the board of county commissioners in each23-19
county with a school district whose enrollment is 25,000 pupils or more23-20
may levy a tax which, when combined with any tax imposed pursuant to23-21
NRS 387.3287, is not more than 50 cents on each $100 of assessed23-22
valuation of taxable property within the county. The question submitted to23-23
the registered voters must include the period during which the tax will be23-24
levied. The period may not exceed 20 years.23-25
3.23-26
money collected pursuant to this section must be deposited in the county23-27
treasury to the credit of the fund for capital projects to be held and, except23-28
as otherwise provided in NRS 387.3287, to be expended in the same23-29
manner as other money deposited in that fund.23-30
Sec. 42. NRS 387.3287 is hereby amended to read as follows: 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 voting23-33
upon the question, the board of county commissioners in each county may23-34
levy a separate tax pursuant to the provisions and subject to the limitations23-35
of subsections 1 and 2 of NRS 387.3285.23-36
2.23-37
money raised pursuant to this section must be deposited in the county23-38
treasury to the credit of the fund for capital projects and must be23-39
maintained in a separate budgetary account for the replacement of capital23-40
assets. All interest and income earned on the money in the account must be23-41
credited to the account. Except as otherwise provided in subsection 3,23-42
money in the account must only be expended for the renovation or23-43
replacement of depreciating capital assets of the county school district.24-1
3. Money raised pursuant to this section may be expended for the24-2
construction of new buildings for schools to accommodate community24-3
growth if the expenditure is approved by a majority of the registered voters24-4
of the county voting upon the question. An expenditure proposed pursuant24-5
to the provisions of this subsection must be submitted as a separate24-6
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 school24-8
district must be determined by the board of trustees of the county school24-9
district before any property tax is levied pursuant to subsection 1. The24-10
replacement value may be redetermined before July 1 of each year to24-11
become effective for the purposes of this section on the first day of the24-12
next fiscal year.24-13
5. The property tax authorized in subsection 1 may not be imposed or24-14
collected if the account for the replacement of capital assets contains24-15
revenue in an amount equal to or more than 30 percent of the replacement24-16
value of the capital assets of the county school district.24-17
Sec. 43. NRS 388.030 is hereby amended to read as follows: 388.030 The board of trustees of a school district or a community24-19
school board may divide the public schools within24-20
jurisdiction into kindergarten, elementary, high school and other24-21
permissible departments .24-22
shall employ competent and legally qualified teachers for the instruction of24-23
the different departments, if:24-24
1. The division into departments is in accordance with the state24-25
courses of study and regulations of the state board ;24-26
2. There is money for all24-27
available for all24-28
which the departments are named in this section.24-29
Sec. 44. NRS 388.060 is hereby amended to read as follows: 388.060 1. Except as otherwise provided in this subsection, the24-31
board of trustees of each school district shall establish, equip and maintain24-32
a kindergarten in each elementary school or each school attendance area24-33
24-34
before June 1 immediately preceding the school year, admittance to24-35
kindergarten has been requested for fewer than 15 children, the mandatory24-36
provisions of this subsection do not apply to that school, and the board of24-37
trustees of the school district may decide whether to establish a24-38
kindergarten for those children. If the board of trustees decides not to24-39
establish such a kindergarten, it may provide:24-40
(a) Transportation for each child to enable him to attend kindergarten at24-41
another school; or24-42
(b) Upon agreement with a child’s parent or guardian, an authorized24-43
program of instruction for kindergarten to be offered in the child’s home,25-1
which includes, without limitation, assigning licensed educational25-2
personnel to assist and consult with the parent or guardian as necessary.25-3
2. Except as otherwise provided in this subsection, each community25-4
school board shall establish, equip and maintain a kindergarten or25-5
kindergartens in each elementary school that is within the jurisdiction of25-6
the community school board. If, on or before June 1 immediately25-7
preceding the school year, admittance to kindergarten has been requested25-8
for fewer than 15 children, the mandatory provisions of this subsection25-9
do not apply to that school and the community school board may25-10
determine whether to establish a kindergarten for those children.25-11
3. The board of trustees of a school district and a community school25-12
board in which a kindergarten is to be established under the provisions of25-13
this Title of NRS shall budget for this purpose by including the costs in the25-14
next regular budget for the school district.25-15
Sec. 45. NRS 388.070 is hereby amended to read as follows: 388.070 When feasible, boards of trustees25-17
and community school boards shall maintain all the schools25-18
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: 388.080 1. Except as otherwise provided in subsection 2, the public25-22
school year commences on the 1st day of July and ends on the last day of25-23
June.25-24
2. After notification to the superintendent of public instruction that an25-25
extended school year program will be operative,25-26
trustees of a school district or a community school board may request25-27
extension of the school year beyond the last day of June for each year of25-28
such a program.25-29
Sec. 47. NRS 388.090 is hereby amended to read as follows: 388.090 1. Except as otherwise permitted pursuant to this section,25-31
boards of trustees of school districts and community school boards shall25-32
schedule and provide a minimum of 180 days of free school in the25-33
25-34
2. The superintendent of public instruction may, upon application by a25-35
board of trustees25-36
authorize a reduction of not more than 15 school days in a particular25-37
district or high school attendance zone that is included within the25-38
jurisdiction of a community school board to establish or maintain a 12-25-39
month school program or a program involving alternative scheduling, if25-40
the board of trustees or the community school board demonstrates that the25-41
proposed schedule for the program provides for a greater number of25-42
minutes of instruction than would be provided under a program consisting25-43
of 180 school days. Before authorizing a reduction in the number of26-1
required school days pursuant to this subsection, the superintendent of26-2
public instruction must find that the proposed schedule will be used to26-3
alleviate problems associated with a growth in enrollment or26-4
overcrowding, or to establish and maintain a program of alternative26-5
schooling.26-6
3. The superintendent of public instruction may, upon application by a26-7
board of trustees26-8
authorize the addition of minutes of instruction to any scheduled day of26-9
free school if days of free school are lost because of any interscholastic26-10
activity. Not more than 5 days of free school so lost may be rescheduled in26-11
this manner.26-12
4. Each board of trustees of a school district and each community26-13
school board shall schedule at least 3 contingent days of school in addition26-14
to the number of days required by this section, which must be used if a26-15
natural disaster, inclement weather or an accident necessitates the closing26-16
of a majority of the facilities within the district26-17
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 of26-20
the facilities within a school district26-21
school board, the superintendent of public instruction, upon application by26-22
the board of trustees of the school district26-23
board, may permit the additional days lost to be counted as school days in26-24
session. The application must be submitted in the manner prescribed by the26-25
superintendent of public instruction.26-26
6. The state board26-27
procedures for changing schedules of instruction to be used if a natural26-28
disaster, inclement weather or an accident necessitates the closing of a26-29
particular school within a school district26-30
community school board.26-31
Sec. 48. NRS 388.110 is hereby amended to read as follows: 388.110 No school may be kept open on any day declared to be a legal26-33
holiday pursuant to NRS 236.015, except that26-34
school district or a community school board may elect to keep school26-35
open on October 31 ,26-36
observe such holiday with appropriate exercises26-37
within their jurisdiction.26-38
Sec. 49. NRS 388.367 is hereby amended to read as follows: 388.367 1. There is hereby created in the state treasury the fund for26-40
the school to careers program to be administered by the state board. The26-41
superintendent may accept gifts and grants of money from any source for26-42
deposit in the fund. All legislative appropriations, gifts and grants made to26-43
the fund become a part of the principal of the fund which may be reduced27-1
only by specific legislative action. The interest and income earned on the27-2
money in the fund, after deducting any applicable charges, must be27-3
credited to the fund.27-4
2. Money in the fund must be used for the program to provide pupils27-5
with the skills to make the transition from school to careers adopted27-6
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 of27-9
employees of a school district and the school district; or27-10
(b) Used to reduce the amount of money which would otherwise be27-11
made available for occupational education in the absence of this section.27-12
4. The state board shall establish annually, within the limits of money27-13
available in the fund, a basic allocation of:27-14
(a) Twenty-five thousand dollars to each school district and each27-15
university and community college within the University and Community27-16
College System of Nevada whose application to participate in the program27-17
adopted pursuant to NRS 388.368 is approved pursuant to subsection 5 of27-18
that section.27-19
(b) Not more than $25,000 to each charter school whose application to27-20
participate in the program adopted pursuant to NRS 388.368 is approved27-21
pursuant to subsection 5 of that section.27-22
5. Any money remaining after the allocations made pursuant to27-23
subsection 4 must be allocated to:27-24
(a) School districts with approved applications in proportion to the total27-25
number of pupils enrolled in grades 7 to 12, inclusive, within the district27-26
on the last day of the first month of the school year preceding the school27-27
year for which the money is being provided;27-28
(b) Charter schools with approved applications in proportion to the total27-29
number of pupils enrolled in grades 7 to 12, inclusive, within the charter27-30
school on the last day of the first month of the school year preceding the27-31
school year for which the money is being provided; and27-32
(c) Community colleges with approved applications in proportion to the27-33
total number of full-time students enrolled on October 15 of the school27-34
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, the27-36
school district shall provide the community school board with its27-37
proportional share of the money that it receives pursuant to this section27-38
based upon the number of pupils who are enrolled in public schools27-39
within the jurisdiction of the community school board. The school district27-40
shall separately account for the money of the community school board in27-41
accordance with section 37 of this act.28-1
Sec. 50. NRS 388.368 is hereby amended to read as follows: 388.368 1. The state board, in consultation with the assisting28-3
agencies and the business community that will be included in the28-4
partnerships established pursuant to paragraph (a) of subsection 4, shall:28-5
(a) Adopt a comprehensive program to offer pupils who are enrolled in28-6
grades 7 to 12, inclusive, the skills to make the transition from school to28-7
careers; and28-8
(b) Carry out and review the program.28-9
2. The program to provide pupils with the skills to make the transition28-10
from school to careers may be designed to achieve the following28-11
objectives:28-12
(a) To provide the pupils participating in the program with an equitable28-13
opportunity to learn about and explore various career options of their28-14
choice before the completion of middle school.28-15
(b) To offer career counseling for interested pupils who are enrolled in28-16
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 equitable28-19
opportunity to achieve high academic standards and to obtain training in28-20
occupations of their choice. If desired, a pupil who has chosen to receive28-21
training in an occupation may choose to receive training in another28-22
occupation of his choice, or may terminate his participation in the28-23
program, without the loss of credit, at such times as are allowed by the28-24
state board, but in no case may a pupil be required to continue with the28-25
training or participate in the program for more than one semester.28-26
(e) To continue and enhance existing technical and vocational education28-27
programs that are voluntary, including, without limitation, programs28-28
adopted pursuant to the Carl D. Perkins Vocational and Applied28-29
Technology Education Act ,28-30
(f) To allow a system for awarding certificates of technical or28-31
vocational proficiency. Such a certificate must not be awarded as a28-32
replacement for or in lieu of a high school diploma.28-33
(g) To allow pupils participating in the program to participate in28-34
educational activities in the workplace.28-35
(h) To offer pupils participating in the program job training and28-36
placement or programs for preparation for postsecondary education during28-37
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 colleges28-40
within the University and Community College System of Nevada to28-41
promote job training and internships.28-42
(j) To offer statewide participation in the program for pupils who are28-43
enrolled in grades 7 to 12, inclusive.29-1
(k) To encourage teachers and other educational personnel to continue29-2
their educational development related to the program.29-3
(l) To adopt a process to evaluate the program and to integrate29-4
improvements in compliance with the Family Educational Rights and29-5
Privacy Act ,29-6
of this paragraph, the state board may adopt a system for evaluating29-7
participation in the program only to produce aggregate statistical29-8
information needed to evaluate the program, but not to ensure that a pupil29-9
completes job training for a particular career. This paragraph does not29-10
prohibit the collection of data necessary to carry out the provisions of NRS29-11
389.015 and 389.017.29-12
3. The program adopted by the state board must be designed to offer29-13
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; and29-21
(g) Pupils who are disadvantaged, economically or otherwise.29-22
4. To be eligible to receive funding for and to participate in the29-23
program established pursuant to this section, a school district, a charter29-24
school or a university or community college within the University and29-25
Community College System of Nevada must submit to the state board an29-26
application that includes:29-27
(a) A description of the partnership between the school district, charter29-28
school, university or community college and the business community that29-29
will be established to carry out the program adopted pursuant to this29-30
section. The partnership must consist of employers, representatives of local29-31
educational agencies, local postsecondary educational institutions,29-32
representatives of labor organizations, pupils, parents and persons29-33
representing rehabilitation, employment and training services.29-34
(b) A plan that describes how the partnership will carry out the29-35
objectives of the program, including specific requirements for periodic29-36
review and approval by the members of the partnership representing the29-37
business community of the means of obtaining those objectives. The29-38
members of the partnership who perform the periodic review shall make a29-39
determination of whether the program is actually improving the skills of29-40
the participants to make the transition from school to careers. The29-41
members of the partnership who perform the periodic review must include29-42
employers who are likely to hire pupils who complete the program as well30-1
as other employers who are active in the establishment of programs for job30-2
training and placement.30-3
(c) A description of an annual evaluation to be conducted by the30-4
partnership and used to measure the success of the program. The results of30-5
the evaluation must be submitted to the state board and contain specific30-6
comments from the members of the partnership representing the business30-7
community regarding the effectiveness of the program in producing pupils30-8
who are ready for employment in the workplace.30-9
(d) Other information the state board may require to determine the30-10
eligibility of the school district or the charter school to participate in the30-11
program.30-12
If a school district includes a community school board, the board of30-13
trustees of the school district shall consult with the community school30-14
board concerning the contents of the application before the board of30-15
trustees submits the application.30-16
5. The state board, in consultation with the assisting agencies and the30-17
business community that will be included in the partnerships established30-18
pursuant to paragraph (a) of subsection 4, shall:30-19
(a) Make a determination on an application that is submitted pursuant to30-20
this section.30-21
(b) Submit a report containing its findings, conclusions and30-22
recommendations regarding the program adopted pursuant to this section30-23
to each regular session of the legislature on or before February 1 of each30-24
odd-numbered year.30-25
6. As used in this section, "assisting agencies" means the commission30-26
on economic development, the department of employment, training and30-27
rehabilitation, the welfare division of the department of human resources30-28
and the University and Community College System of Nevada.30-29
Sec. 51. NRS 388.380 is hereby amended to read as follows: 388.380 1. Except as otherwise provided in subsection 2, the board30-31
of trustees of a school district in a county whose population is 100,000 or30-32
more and a community school board in a county whose population is30-33
100,000 or more shall , and any other board of trustees of a school district30-34
or community school board may:30-35
(a) Establish and maintain occupational schools or classes giving30-36
instruction in the subjects approved by the state board for occupational30-37
education.30-38
(b) Raise and expend money for the establishment and maintenance of30-39
occupational schools or classes.30-40
2. The board of trustees of each school district and each community30-41
school board shall incorporate into the curriculum30-42
within their jurisdiction:30-43
(a) Occupational guidance and counseling; and31-1
(b) Technology,31-2
in accordance with the courses of study adopted by the state board31-3
pursuant to NRS 389.170 and 389.180.31-4
Sec. 52. NRS 388.390 is hereby amended to read as follows: 388.390 If the board of trustees of a school district , a community31-6
school board or the governing body of a charter school organizes a school31-7
or classes for occupational education in accordance with the regulations31-8
adopted by the state board for occupational education and the school or31-9
classes have been approved by the executive officer of the state board for31-10
occupational education, the board of trustees of the school district31-11
the community school board and the charter school31-12
share in federal and state money available for the promotion of31-13
occupational education in the amount determined by the executive officer31-14
of the state board for occupational education, in accordance with the31-15
regulations and policies of the board.31-16
Sec. 53. NRS 388.405 is hereby amended to read as follows: 388.405 1. The state board31-18
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 proficiency31-21
of pupils at the same age or grade level whose primary language is31-22
English; and31-23
(c) Probability of success in a classroom in which courses of study are31-24
taught only in the English language is impaired because of their limited31-25
proficiency in the English language.31-26
2. The state board31-27
the program. The regulations must prescribe the procedure by which the31-28
board of trustees of a school district or a community school board may31-29
obtain a waiver from the requirements of the program.31-30
Sec. 54. NRS 388.532 is hereby amended to read as follows: 388.532 1. The state board , in cooperation with the board of trustees31-32
of the various31-33
shall develop for pupils in the first through eighth grades:31-34
(a) Programs designed to reduce the number of pupils who drop out of31-35
school; and31-36
(b) Programs for the prevention of the abuse of alcohol and controlled31-37
substances.31-38
2. The state board , in cooperation with the board of trustees of the31-39
various31-40
the cooperation of private industry in developing for pupils in all grades31-41
programs and activities designed to reduce the number of pupils who31-42
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: 388.537 1. The board of trustees of a school district and a32-3
community school board may, subject to the approval of the state board,32-4
operate an alternative program for the education of pupils who are32-5
enrolled in public high schools within their jurisdiction and who are at32-6
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 classes32-9
of instruction regularly provided in high school;32-10
(b) Are deficient in the amount of academic credit necessary to graduate32-11
with pupils their same age;32-12
(c) Are chronically absent from high school; or32-13
(d) Require instruction on a more personal basis than that regularly32-14
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 a32-17
longer school day, than that regularly provided in high school.32-18
(b) An opportunity for pupils to attend classes of instruction during any32-19
part of the calendar year.32-20
(c) A comprehensive curriculum that includes elective classes of32-21
instruction and occupational education.32-22
(d) An opportunity for pupils to obtain academic credit through32-23
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; or32-26
(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 there32-30
are extenuating circumstances which prevent those pupils from attending32-31
the alternative program on a daily basis.32-32
Sec. 56. NRS 388.585 is hereby amended to read as follows: 388.585 1. The board of trustees of each school district and each32-34
community school board may32-35
jurisdiction:32-36
(a) Establish a program of information concerning missing children for32-37
pupils, parents and other residents of the district32-38
attendance zone that comprises the community school board; and32-39
(b) Use materials prepared by the attorney general in developing such a32-40
program.32-41
2. The board of trustees of a school district or a community school32-42
board may request the assistance of the attorney general or the state board32-43
33-1
Sec. 57. NRS 388.700 is hereby amended to read as follows: 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 each33-4
school district , including, without limitation a community school board33-5
located within the school district, of pupils per class in kindergarten and33-6
grades 1, 2 and 3 per licensed teacher designated to teach those classes full33-7
time must not exceed 15 to 1 in classes where core curriculum is taught. In33-8
determining this ratio, all licensed educational personnel who teach33-9
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 adopted33-13
pursuant to NRS 388.720, assign a pupil whose enrollment in a grade33-14
occurs after the last day of the first month of the school year to any33-15
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 the33-17
limitation on the number of pupils per class set forth in subsection 1 for33-18
good cause, including the lack of available financial support specifically33-19
set aside for the reduction of pupil-teacher ratios.33-20
4. The state board shall, on or before February 1 of each33-21
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 to33-25
subsection 2 of NRS 388.710, including an explanation of that data, and33-26
the current pupil-teacher ratios per class in kindergarten and grades 1, 233-27
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 of33-30
administration and the fiscal analysis division of the legislative counsel33-31
bureau:33-32
(a) The number of teachers employed;33-33
(b) The number of teachers employed in order to attain the ratio33-34
required by subsection 1;33-35
(c) The number of pupils enrolled; and33-36
(d) The number of teachers assigned to teach in the same classroom33-37
with another teacher or in any other arrangement other than one teacher33-38
assigned to one classroom of pupils,33-39
during the current school year in kindergarten and grades 1, 2 and 3 for33-40
each school district.33-41
Sec. 58. NRS 388.710 is hereby amended to read as follows: 388.710 1. The state board, in consultation with the boards of33-43
trustees of the school districts , the community school boards and the34-1
recognized associations representing licensed educational personnel, after34-2
receiving comments from the general public, shall determine the data that34-3
must be monitored by each school district and used to measure the34-4
effectiveness of the implementation of the plan developed by each school34-5
district to reduce the pupil-teacher ratio per class in kindergarten and34-6
grades 1, 2 and 3.34-7
2. Each school district shall report the data to the state board as34-8
required by the state board.34-9
Sec. 59. NRS 388.720 is hereby amended to read as follows: 388.720 Each school district together with a community school board34-11
located within the school district, if any, and the recognized associations34-12
representing licensed educational personnel shall develop a plan to reduce34-13
the district’s pupil-teacher ratio per class in kindergarten and grades 1, 234-14
and 3 within the limits of available financial support specifically set aside34-15
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: 388.795 1. The commission shall establish a plan for the use of34-18
educational technology in the public schools of this state. In preparing the34-19
plan, the commission shall consider:34-20
(a) Plans that have been adopted by the department and the school34-21
districts in this state;34-22
(b) Plans that have been adopted in other states, including, but not34-23
limited to, the Iowa Communications Network;34-24
(c) The information submitted to the commission by the board of34-25
trustees of each school district pursuant to subsection 2 of NRS 385.351;34-26
and34-27
(d) Any other information that the commission or the committee deems34-28
relevant to the preparation of the plan.34-29
2. The plan established by the commission must include34-30
recommendations for methods to:34-31
(a) Incorporate educational technology into the public schools of this34-32
state;34-33
(b) Increase the number of pupils in the public schools of this state who34-34
have access to educational technology;34-35
(c) Increase the availability of educational technology to assist licensed34-36
teachers and other educational personnel in complying with the34-37
requirements of continuing education, including, but not limited to, the34-38
receipt of credit for college courses completed through the use of34-39
educational technology;34-40
(d) Facilitate the exchange of ideas to improve the achievement of34-41
pupils who are enrolled in the public schools of this state; and34-42
(e) Address the needs of teachers in incorporating the use of educational34-43
technology in the classroom, including, but not limited to, the completion35-1
of training that is sufficient to enable the teachers to instruct pupils in the35-2
use of educational technology.35-3
3. The department shall provide:35-4
(a) Administrative support;35-5
(b) Equipment; and35-6
(c) Office space,35-7
as is necessary for the commission to carry out the provisions of this35-8
section.35-9
4. The following entities shall cooperate with the commission in35-10
carrying out the provisions of this section:35-11
(a) The state board.35-12
(b) The board of trustees of each school district35-13
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 any35-18
electrical or structural appurtenances necessary thereto, including, without35-19
limitation, uniform specifications for computer hardware and wiring, to35-20
ensure that such technology is compatible, uniform and can be35-21
interconnected throughout the public schools of this state.35-22
(b) Allocate money to the school districts from the trust fund for35-23
educational technology created pursuant to NRS 388.800 and any money35-24
appropriated by the legislature for educational technology, subject to any35-25
priorities for such allocation established by the legislature.35-26
(c) Establish criteria for the board of trustees of a school district that35-27
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 other35-30
educational technology.35-31
(3) Provide training, installation and technical support related to the35-32
use of educational technology within the district.35-33
(d) Submit to the governor, the committee and the department its plan35-34
for the use of educational technology in the public schools of this state and35-35
any recommendations for legislation.35-36
(e) Review the plan annually and make revisions as it deems necessary35-37
or as directed by the committee or the department.35-38
(f) In addition to the recommendations set forth in the plan pursuant to35-39
subsection 2, make further recommendations to the committee and the35-40
department as the commission deems necessary.35-41
6. As used in this section, "public school" includes the Caliente youth35-42
center and the Nevada youth training center.36-1
Sec. 61. NRS 389.010 is hereby amended to read as follows: 389.010 Except as otherwise provided in section 28 of this act, NRS36-3
389.170 and 389.180, boards of trustees of school districts and community36-4
school boards shall enforce in schools the courses of study prescribed and36-5
adopted by the state board.36-6
Sec. 62. NRS 389.015 is hereby amended to read as follows: 389.015 1. The board of trustees of each school district shall36-8
administer examinations in all public schools of the school district36-9
including, without limitation, the public schools that are located within36-10
the jurisdiction of a community school board in the school district. The36-11
governing body of a charter school shall administer the same examinations36-12
in the charter school. The examinations administered by the board of36-13
trustees and governing body must determine the achievement and36-14
proficiency of pupils in:36-15
(a) Reading;36-16
(b) Writing;36-17
(c) Mathematics; and36-18
(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 the36-22
same time. The time for the administration of the examinations must be36-23
prescribed by the state board.36-24
(c) Administered in each school in accordance with uniform procedures36-25
adopted by the state board. The department shall monitor the compliance36-26
of school districts and individual schools with the uniform procedures.36-27
(d) Scored by the department or a single private entity that has36-28
contracted with the state board to score the examinations. If a private entity36-29
scores the examinations, it shall report the results of the examinations in36-30
the form and by the date required by the department.36-31
3. Not more than 14 working days after the results of the examinations36-32
are reported to the department by a private entity that scored the36-33
examinations or the department completes the scoring of the examinations,36-34
the superintendent of public instruction shall certify that the results of the36-35
examinations have been transmitted to each school district and each charter36-36
school. Not more than 10 working days after a school district receives the36-37
results of the examinations, the superintendent of public instruction shall36-38
certify that the results of the examinations have been transmitted to each36-39
school within the school district. Not more than 10 working days after each36-40
school receives the results of the examinations, the principal of each school36-41
and the governing body of each charter school shall certify that the results36-42
for each pupil have been provided to the parent or legal guardian of the36-43
pupil:37-1
(a) During a conference between the teacher of the pupil or37-2
administrator of the school and the parent or legal guardian of the pupil; or37-3
(b) By mailing the results of the examinations to the last known address37-4
of the parent or legal guardian of the pupil.37-5
4. Different standards of proficiency may be adopted for pupils with37-6
diagnosed learning disabilities. If different standards of proficiency are37-7
adopted or other modifications or accommodations are made in the37-8
administration of the examinations for a pupil who is enrolled in a program37-9
of special education pursuant to NRS 388.440 to 388.520, inclusive, other37-10
than a gifted and talented pupil, the different standards adopted or other37-11
modifications or accommodations must be set forth in the pupil’s program37-12
of special education developed in accordance with the Individuals with37-13
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards37-14
prescribed by the state board.37-15
5. If a pupil fails to demonstrate at least adequate achievement on the37-16
examination administered before the completion of grade 4, 8 or 10, he37-17
may be promoted to the next higher grade, but the results of his37-18
examination must be evaluated to determine what remedial study is37-19
appropriate. If such a pupil is enrolled at a school that has been designated37-20
as demonstrating inadequate achievement pursuant to NRS 385.367 the37-21
pupil must, in accordance with the requirements set forth in this37-22
subsection, complete a program of remedial study pursuant to NRS37-23
385.389.37-24
6. If a pupil fails to pass the proficiency examination administered37-25
before the completion of grade 11, he must not be graduated until he is37-26
able, through remedial study, to pass the proficiency examination, but he37-27
may be given a certificate of attendance, in place of a diploma, if he has37-28
reached the age of 17 years.37-29
7. The state board shall prescribe standard examinations of37-30
achievement and proficiency to be administered pursuant to subsection 1.37-31
The examinations on reading, mathematics and science prescribed for37-32
grades 4, 8 and 10 must be selected from examinations created by private37-33
entities and administered to a national reference group, and must allow for37-34
a comparison of the achievement and proficiency of pupils in grades 4, 837-35
and 10 in this state to that of a national reference group of pupils in grades37-36
4, 8 and 10. The questions contained in the examinations and the approved37-37
answers used for grading them are confidential, and disclosure is unlawful37-38
except:37-39
(a) To the extent necessary for administering and evaluating the37-40
examinations.37-41
(b) That a disclosure may be made to a state officer who is a member of37-42
the executive or legislative branch to the extent that it is related to the37-43
performance of that officer’s duties.38-1
(c) That specific questions and answers may be disclosed if the38-2
superintendent of public instruction determines that the content of the38-3
questions and answers is not being used in a current examination and38-4
making the content available to the public poses no threat to the security of38-5
the current examination process.38-6
Sec. 63. NRS 389.017 is hereby amended to read as follows: 389.017 1. The state board shall prescribe regulations requiring that38-8
each board of trustees of a school district and each governing body of a38-9
charter school submit to the superintendent of public instruction and the38-10
department, in the form and manner prescribed by the superintendent, the38-11
results of achievement and proficiency examinations given in the 4th, 8th,38-12
10th and 11th grades to pupils who are enrolled in public38-13
schools of the district , including, without limitation, public schools38-14
within the jurisdiction of a community school board in the school district38-15
and charter schools. The state board shall not include in the regulations any38-16
provision which would violate the confidentiality of the test scores of any38-17
individual pupil.38-18
2. The results of examinations administered to all pupils must be38-19
reported for each school, including, without limitation, each charter school38-20
38-21
school district and this state as follows:38-22
(a) The average score of pupils with disabilities for whom different38-23
standards of achievement are adopted or other modifications or38-24
accommodations are made if such reporting does not violate the38-25
confidentiality of the test scores of any individual pupil;38-26
(b) The average score of pupils for whom different standards of38-27
achievement were not adopted or other modifications or accommodations38-28
were not made; and38-29
(c) The average score of all pupils who were tested.38-30
3. On or before November 1 of each year, each school district and38-31
each charter school shall report to the department the following38-32
information for each examination administered in the public schools in the38-33
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 was38-36
administered;38-37
(c) The costs incurred by the school district or charter school in38-38
administering each examination; and38-39
(d) The purpose, if any, for which the results of the examination are38-40
used by the school district or charter school.38-41
On or before December 1 of each year, the department shall transmit to the38-42
budget division of the department of administration and the fiscal analysis39-1
division of the legislative counsel bureau the information submitted to the39-2
department pursuant to this subsection.39-3
4. The superintendent of schools of each school district and the39-4
governing body of each charter school shall certify that the number of39-5
pupils who took the examinations required pursuant to NRS 389.015 is39-6
equal to the number of pupils who are enrolled in each school in the school39-7
district or in the charter school who are required to take the examinations39-8
except for those pupils who are exempt from taking the examinations. A39-9
pupil may be exempt from taking the examinations if:39-10
(a) His proficiency in the English language is below the average39-11
proficiency of pupils at the same grade level; or39-12
(b) He is enrolled in a program of special education pursuant to NRS39-13
388.440 to 388.520, inclusive, and his program of special education39-14
specifies that he is exempt from taking the examinations.39-15
5. In addition to the information required by subsection 3, the39-16
superintendent of public instruction shall:39-17
(a) Report the number of pupils who were not exempt from taking the39-18
examinations but were absent from school on the day that the examinations39-19
were administered; and39-20
(b) Reconcile the number of pupils who were required to take the39-21
examinations with the number of pupils who were exempt from taking the39-22
examinations or absent from school on the day that the examinations were39-23
administered.39-24
Sec. 64. NRS 389.025 is hereby amended to read as follows: 389.025 1. The state board may, by regulation, require to be39-26
included in the existing course of study for American government at the39-27
secondary level, instruction relating to violent and other crimes.39-28
2. The instruction may be developed respectively by the board of39-29
trustees of each school district and each community school board and may39-30
include information regarding those acts that constitute violent and other39-31
crimes in the State of Nevada, the maximum punishments established by39-32
law for the commission of such acts and the physiological and39-33
psychological effects which a victim, and the family of a victim, of a39-34
violent crime may suffer.39-35
Sec. 65. NRS 389.060 is hereby amended to read as follows: 389.060 1. Except as otherwise provided in subsection 2, physiology39-37
and hygiene must be taught in the public schools of this state, and special39-38
attention must be given to the effects of controlled substances upon the39-39
human system. The instruction must include the basic emergency care of a39-40
person in cardiac arrest, including the administering of cardiopulmonary39-41
resuscitation, in accordance with the standards of the American Heart39-42
Association or the American National Red Cross. The certification of40-1
pupils in the techniques of administering cardiopulmonary resuscitation is40-2
not required.40-3
2. A pupil may be excused from instruction in the basic emergency40-4
care of a person in cardiac arrest if a parent or guardian of the pupil40-5
submits to the board of trustees of the school district , or if the pupil is40-6
enrolled in a public school that is within the jurisdiction of a community40-7
school board, to the community school board, a written statement40-8
indicating that such instruction is not in conformity with the religious40-9
beliefs of the parent or guardian.40-10
Sec. 66. NRS 389.065 is hereby amended to read as follows: 389.065 1. The board of trustees of40-12
community school board shall establish a course or unit of a course of:40-13
(a) Factual instruction concerning acquired immune deficiency40-14
syndrome; and40-15
(b) Instruction on the human reproductive system, related40-16
communicable diseases and sexual responsibility.40-17
2.40-18
community school board shall appoint an advisory committee consisting40-19
of:40-20
(a) Five parents of children who attend schools in the district40-21
high school attendance zone that is within the jurisdiction of the40-22
community school board; and40-23
(b) Four representatives, one from each of four of the following40-24
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 district40-29
attendance zone that is within the jurisdiction of the community school40-30
board; or40-31
(5) Teaching.40-32
40-33
school district or the community school board concerning the content of40-34
and materials to be used in a course of instruction established pursuant to40-35
this section, and the recommended ages of the pupils to whom the course is40-36
offered. The final decision on these matters must be that of the board of40-37
trustees40-38
3. The subjects of the courses may be taught only by a teacher or40-39
school nurse whose qualifications have been previously approved by the40-40
board of trustees40-41
4. The parent or guardian of each pupil to whom a course is offered40-42
must first be furnished written notice that the course will be offered. The40-43
notice must be given in the usual manner used by the41-1
trustees of the school district or community school board to transmit41-2
written material to parents, and must contain a form for the signature of the41-3
parent or guardian of the pupil consenting to his attendance. Upon receipt41-4
of the written consent of the parent or guardian, the pupil may attend the41-5
course. If the written consent of the parent or guardian is not received, he41-6
must be excused from such attendance without any penalty as to credits or41-7
academic standing. Any course offered pursuant to this section is not a41-8
requirement for graduation.41-9
5. All instructional materials to be used in a course must be available41-10
for inspection by parents or guardians of pupils at reasonable times and41-11
locations before the course is taught, and appropriate written notice of the41-12
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: 389.075 1. The board of trustees of41-15
community school board shall establish a program of instruction relating41-16
to child abuse for pupils in kindergarten and grades 1 to 6, inclusive41-17
who are enrolled in public schools within their jurisdiction.41-18
2. The program must include, without limitation, instruction relating to41-19
the types of child abuse and the methods used to recognize, report, prevent41-20
and stop child abuse.41-21
Sec. 68. NRS 389.080 is hereby amended to read as follows: 389.080 1. The economics of the American system of free enterprise41-23
must be taught in all41-24
2. The lessons must:41-25
(a) Emphasize the benefits of free enterprise as compared to other41-26
economic systems;41-27
(b) Teach the principles of the profit motive and competition and the41-28
way in which investments generate progress and growth in the economy;41-29
(c) Introduce pupils to the principles of owning and operating a small41-30
business; and41-31
(d) Provide instruction in personal finance, including the services41-32
available from financial institutions and the methods of obtaining and41-33
using those services.41-34
3. Administrators and teachers who are charged with providing the41-35
instruction required by this section may communicate with persons in the41-36
community who are engaged in business, and with labor organizations,41-37
chambers of commerce and other service organizations to obtain speakers41-38
and other assistance in carrying out the requirements of this section.41-39
4.41-40
superintendent of each school district in this state shall determine the41-41
manner in which the instruction required by this section will be provided in41-42
the high schools of his school district.42-1
5. A community school board shall determine the manner in which42-2
the instruction required by this section will be provided in the high42-3
schools within the jurisdiction of the community school board.42-4
Sec. 69. NRS 389.085 is hereby amended to read as follows: 389.085 1. The automobile driver education program is hereby42-6
established to assist school districts and charter schools in this state which42-7
establish and maintain automobile driver education classes. Money for the42-8
automobile driver education program must be provided by direct42-9
legislative appropriation.42-10
2. The state board may direct the superintendent of public instruction42-11
to make semiannual apportionments, payable on or before February 1 and42-12
July 1 of each year, to the several school districts and charter schools. The42-13
semiannual apportionment made on or before February 1 must be made on42-14
the basis of $15 times the number of estimated pupil completions in the42-15
district and charter schools during the current school year, which must be42-16
estimated by the superintendent. The semiannual apportionment made on42-17
or before July 1 must be made on the basis of $35 times the actual number42-18
of pupil completions in the district and charter schools during the current42-19
year, less any amount previously apportioned to the district or charter42-20
school for estimated pupil completions during the current school year.42-21
3. If the money available for the automobile driver education program42-22
is not sufficient to make full current school year apportionments, as42-23
determined pursuant to subsection 2, apportionment payments to the42-24
various school districts and charter schools must be prorated so that each42-25
school district and charter school is apportioned the same amount per pupil42-26
completion, such amount to be derived by dividing the total money42-27
available by the total number of completions during the current school42-28
year.42-29
4. Money received by school districts and charter schools for the42-30
automobile driver education program42-31
(a) Must not be expended for the purchase or repair of motor vehicles42-32
or the purchase or repair of automobile driver education training42-33
equipment.42-34
(b) In a school district that contains a community school board, must42-35
be divided in proportion to the total number of pupil completions in the42-36
public schools located in each high school attendance zone that is within42-37
the jurisdiction of the board of trustees of the school district and the42-38
public schools located in each high school attendance zone that is within42-39
the jurisdiction of the community school board.42-40
Sec. 70. NRS 389.090 is hereby amended to read as follows: 389.090 1. The state board shall adopt regulations governing the42-42
establishment, conduct and scope of automobile driver education in the42-43
public schools of this state.43-1
2. The aims and purposes of automobile driver education are to43-2
develop the knowledge, attitudes, habits and skills necessary for the safe43-3
operation of motor vehicles.43-4
3. The board of trustees of a school district and a community school43-5
board may establish and maintain automobile driver education classes43-6
during regular semesters and summer sessions and during the regular43-7
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 the43-9
school district43-10
jurisdiction of the community school board.43-11
(b) Pupils enrolled in summer classes conducted in high schools in the43-12
school district43-13
jurisdiction of the community school board.43-14
A board of trustees of a school district or a community school board43-15
maintaining courses in automobile driver education shall insure against any43-16
liability arising out of the use of motor vehicles in connection with those43-17
courses. The cost of the insurance must be paid from available school43-18
district funds.43-19
4. A governing body of a charter school may establish and maintain43-20
automobile driver education classes if the governing body insures against43-21
any liability arising out of the use of motor vehicles in connection with43-22
those courses.43-23
5. Automobile driver education must be provided by boards of trustees43-24
of school districts , community school boards and governing bodies of43-25
charter schools in accordance with the regulations of the state board and43-26
may not be duplicated by any other agency, department, commission or43-27
officer of the State of Nevada.43-28
6. Each course in automobile driver education provided by a board of43-29
trustees of a school district , a community school board or a governing43-30
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 of43-34
trustees of a school district , a community school board or a governing43-35
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: 389.100 1. The legislature finds as facts:43-39
(a) That the successful completion of an approved automobile driver43-40
education course by a pupil offers a direct financial benefit to his parents43-41
or other responsible adult through the reduction of insurance premiums.44-1
(b) That the imposition of a laboratory fee as a prerequisite to an44-2
elective course in driver education does not violate the requirements of44-3
article 11 of the constitution of the State of Nevada.44-4
2. The board of trustees of any school district , a community school44-5
board and the governing body of any charter school may establish a44-6
laboratory fee to be charged each pupil enrolling for an automobile driver44-7
education course which must not exceed the actual cost per pupil of44-8
providing the laboratory portion of the course.44-9
Sec. 72. NRS 389.155 is hereby amended to read as follows: 389.155 1. The state board shall, by regulation, establish a program44-11
pursuant to which a pupil enrolled full time in high school may complete44-12
any required or elective course by independent study outside of the normal44-13
classroom setting.44-14
2. The regulations must require that:44-15
(a) The teacher of the course assign to the pupil the work assignments44-16
necessary to complete the course; and44-17
(b) The pupil and teacher meet or otherwise communicate with each44-18
other at least once each week during the course to discuss the pupil’s44-19
progress.44-20
3. The board of trustees in each school district and each community44-21
school board may, in accordance with the regulations adopted pursuant to44-22
subsections 1 and 2, provide for independent study by pupils enrolled full44-23
time in high schools44-24
board of trustees or a community school board that chooses to allow such44-25
study may provide that:44-26
(a) The pupils participating in the independent study be given44-27
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: 389.160 1. A pupil enrolled in high school who successfully44-31
completes a course of education offered by a community college or44-32
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 to44-34
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 each44-36
44-37
the courses for which credits may be received pursuant to subsection 144-38
within their jurisdiction, including occupational courses for academic44-39
credit, and the amount of credit allowed for the completion of those44-40
courses.44-41
Sec. 74. NRS 389.165 is hereby amended to read as follows: 389.165 1. A pupil enrolled in high school who successfully44-43
completes a community service project which has been approved pursuant45-1
to this section must be allowed to apply not more than one credit received45-2
for the completion of the project toward the total number of credits45-3
required for graduation from high school. The credit must be applied45-4
toward the pupil’s elective course credits and not toward a course that is45-5
required for graduation from high school. A pupil may not receive credit45-6
for the completion of a community service project if the project duplicates45-7
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 each45-9
school district and each community school board shall prescribe for the45-10
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 each45-13
project;45-14
(c) Rules regarding how a pupil may apply for such credit upon45-15
completion of a community service project; and45-16
(d) Procedures for obtaining the consent of a parent or legal guardian of45-17
a pupil before the pupil may participate in a community service project for45-18
which credit will be granted.45-19
Sec. 75. NRS 389.170 is hereby amended to read as follows: 389.170 1. The state board shall, by regulation, establish a course of45-21
study in technology.45-22
2. The course of study may:45-23
(a) Include such subjects as the latest technological advances in the45-24
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; and45-33
(9) Manufacturing and transportation; and45-34
(b) Provide pupils with the opportunity to design, develop, maintain and45-35
operate technological systems in these areas.45-36
3. The instruction required by this section must be made available to45-37
each pupil before his completion of the45-38
trustees of a school district or a community school board may direct that45-39
the course of study be given over a 3-year period during the45-40
45-41
4. The board of trustees in each school district and each community45-42
school board shall incorporate into the curriculum in the public schools45-43
within their jurisdiction the course of study within the limits of money46-1
made available to the46-2
board by the legislature for that purpose.46-3
Sec. 76. NRS 389.180 is hereby amended to read as follows: 389.180 1. The state board shall, by regulation, establish a course of46-5
study in occupational guidance and counseling.46-6
2. The board of trustees of each school district and each community46-7
school board shall establish the curriculum for the course of study in46-8
46-9
be organized and, with the assistance of teachers, administrators, pupils,46-10
parents and the business community, coordinated by licensed school46-11
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 to46-15
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 his46-19
needs or concerns require counseling, consultation, referral or information.46-20
(f) Provide counselors, teachers and support staff with the knowledge46-21
and skills required to maintain and improve the course.46-22
(g) Provide such other related assistance and instruction as is deemed46-23
necessary.46-24
3. The instruction required by this section must be made available for46-25
each pupil in grades 7 to 12, inclusive.46-26
4. The board of trustees in each school district and each community46-27
school board shall organize and offer the curriculum within the limits of46-28
money made available to the46-29
school board by the legislature for that purpose.46-30
Sec. 77. NRS 389.190 is hereby amended to read as follows: 389.190 1. The state board shall, by regulation, establish a course of46-32
study in adult roles and responsibilities. The course of study must be46-33
designed to prepare pupils for their potential roles as parents and as46-34
members of family groups.46-35
2. The board of trustees of each school district and each community46-36
school board shall establish the curriculum for the course of study in46-37
46-38
be organized with the assistance of teachers, administrators, licensed46-39
school counselors, pupils and parents, and include instruction in the46-40
following areas:46-41
(a) Personal and family management, including identifying values,46-42
setting goals, understanding oneself, developing personal assets and46-43
balancing the responsibilities of work and family;47-1
(b) Skills for daily living and coping with stress, including problem47-2
solving, decision making, positive communication and conflict resolution;47-3
(c) Money management, including identifying personal assets, financial47-4
goals and effective consumer practices relating to credit, taxes, savings and47-5
investments;47-6
(d) Establishing and maintaining relationships, including marriage,47-7
relationships at a job and within the community, and relationships with47-8
friends, peers, family and extended family; and47-9
(e) Skills and knowledge relating to the relationship between a parent47-10
and child, including the growth and development of children, skills needed47-11
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 his47-14
completion of grade 5 and before his completion of grade 12; and47-15
(b) May be included as a part of an existing course of study or47-16
presented as a separate course of study.47-17
Sec. 78. NRS 390.220 is hereby amended to read as follows: 390.220 Boards of trustees of school districts and community school47-19
boards in this state shall enforce in the public schools, excluding charter47-20
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 a47-22
new section to read as follows:47-23
1. A community school board may make employment decisions with47-24
regard to the employment of legally qualified administrative personnel47-25
for employment in the public schools within the jurisdiction of the47-26
community school board. The provisions of the collective bargaining47-27
agreement or contract entered into by the board of trustees of the school47-28
district and the employee govern the terms and conditions of employment47-29
with the community school board. All employees in a public school that is47-30
within the jurisdiction of a community school board shall be deemed47-31
employees of the school district in which the community school board is47-32
located.47-33
2. A community school board may not hire administrators for any47-34
school year commencing after the expiration of the time for which any47-35
member of the community school board was elected or appointed.47-36
3. On or before November 15 of each year, the school district shall47-37
submit to the department, in a form prescribed by the superintendent of47-38
public instruction, the following information for each licensed employee47-39
who is employed in a public school that is within the jurisdiction of a47-40
community school board on October 1 of that year:47-41
(a) The amount of the salary of the employee; and47-42
(b) The designated assignment, as that term is defined by the47-43
department, of the employee.48-1
Sec. 80. NRS 391.080 is hereby amended to read as follows: 391.080 1. Each teacher or other licensed employee employed in this48-3
state whose compensation is payable out of public money, except teachers48-4
employed pursuant to the provisions of NRS 391.070, must take and48-5
subscribe to the constitutional oath of office before entering upon the48-6
discharge of his duties.48-7
2. The oath of office, when taken and subscribed, must be filed with48-8
the department .48-9
3. The superintendent of public instruction, his deputy superintendents48-10
and other members of the professional staff of the department designated48-11
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 office48-14
to teachers and other licensed employees.48-15
Sec. 81. NRS 391.100 is hereby amended to read as follows: 391.100 1. The board of trustees of a school district may employ a48-17
superintendent of schools, teachers and all other necessary employees. The48-18
superintendent of schools and nonlicensed employees of the school48-19
district, as appropriate, shall provide administrative assistance to any48-20
community school board formed within the district.48-21
2. A community school board may make decisions with regard to the48-22
employment of administrative personnel for employment in the schools48-23
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, nonprofessional48-26
personnel to assist licensed personnel in the instruction or supervision of48-27
children, either in the classroom or at any other place in the school or on48-28
the grounds thereof; and48-29
(b) Shall establish policies governing the duties and performance of48-30
teacher aides.48-31
48-32
a teacher or other person licensed by the superintendent of public48-33
instruction, must, as a condition to employment, submit to the school48-34
district a full set of his fingerprints and written permission authorizing the48-35
school district to forward the fingerprints to the Federal Bureau of48-36
Investigation and the central repository for Nevada records of criminal48-37
history for their reports on the criminal history of the applicant.48-38
48-39
persons to serve as school police officers.48-40
Sec. 82. NRS 391.180 is hereby amended to read as follows: 391.180 1. As used in this section, "employee" means any employee48-42
of a school district or charter school in this state. In references to a school48-43
district in which a community school board has been formed, "employee"49-1
means an administrator who is employed at a public school within the49-2
jurisdiction of the community school board.49-3
2. A school month in any public school in this state consists of 449-4
weeks of 5 days each.49-5
3. Nothing contained in this section prohibits the payment of49-6
employees’ compensation in 12 equal monthly payments for 9 or more49-7
months’ work.49-8
4. The per diem deduction from the salary of an employee because of49-9
absence from service for reasons other than those specified in this section49-10
is that proportion of the yearly salary which is determined by the ratio49-11
between the duration of the absence and the total number of contracted49-12
work days in the year.49-13
5. Boards of trustees of school districts shall either prescribe by49-14
regulation or negotiate pursuant to chapter 288 of NRS, with respect to49-15
sick leave, accumulation of sick leave, payment for unused sick leave,49-16
sabbatical leave, personal leave, professional leave, military leave and such49-17
other leave as they determine to be necessary or desirable for employees.49-18
The regulations or terms of a contract negotiated pursuant to chapter49-19
288 of NRS govern the leave of persons who are employed by a49-20
community school board.49-21
6. The salary of any employee unavoidably absent because of personal49-22
illness or accident, or because of serious illness, accident or death in the49-23
family, may be paid up to the number of days of sick leave accumulated by49-24
the employee. An employee may not be credited with more than 15 days of49-25
sick leave in any 1 school year. Except as otherwise provided in this49-26
subsection, if an employee takes a position with another school district or49-27
charter school, all sick leave that he has accumulated must be transferred49-28
from his former school district or charter school to his new school district49-29
or charter school. The amount of sick leave so transferred may not exceed49-30
the maximum amount of sick leave which may be carried forward from49-31
one year to the next according to the applicable negotiated agreement or49-32
the policy of the district or charter school into which the employee49-33
transferred. Unless the applicable negotiated agreement or policy of the49-34
employing district or charter school provides otherwise, such an employee:49-35
(a) Shall first use the sick leave credited to the employee from the49-36
district or charter school into which he transferred before using any of the49-37
transferred leave; and49-38
(b) Is not entitled to compensation for any sick leave transferred49-39
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 of49-42
trustees of a school district , a community school board or the governing50-1
body of a charter school for any good reason, no deduction of salary may50-2
be made therefor.50-3
(b) If, on account of sickness, epidemic or other emergency in the50-4
community, a longer intermission is ordered by the board of trustees of a50-5
school district, a community school board, the governing body of a charter50-6
school or a board of health and the intermission or closing does not exceed50-7
30 days at any one time, there may be no deduction or discontinuance of50-8
salaries.50-9
8. If the board of trustees of a school district , a community school50-10
board or the governing body of a charter school orders an extension of the50-11
number of days of school to compensate for the days lost as the result of an50-12
intermission because of those reasons contained in paragraph (b) of50-13
subsection 7, an employee may be required to render his services to the50-14
school district or charter school during that extended period. If the salary50-15
of the employee was continued during the period of intermission as50-16
provided in subsection 7, the employee is not entitled to additional50-17
compensation for services rendered during the extended period.50-18
9. If any subject referred to in this section is included in an agreement50-19
or contract negotiated by:50-20
(a) The board of trustees of a school district pursuant to chapter 288 of50-21
NRS; or50-22
(b) The governing body of a charter school pursuant to NRS 386.595,50-23
the provisions of the agreement or contract regarding that subject50-24
supersede any conflicting provisions of this section or of a regulation of50-25
the board of trustees.50-26
Sec. 83. NRS 391.210 is hereby amended to read as follows: 391.21050-28
1. Except as otherwise provided in subsection 2, the board of trustees50-29
of a school district may direct the administrators, principals, teachers and50-30
other licensed personnel employed by them to exercise such powers and50-31
authority in the schools as the board of trustees has under this Title of50-32
NRS.50-33
2. A community school board may direct the principals and other50-34
administrators employed in public schools located within the jurisdiction50-35
of the community school board to exercise such powers and authority in50-36
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: 391.240 Each teacher in the public schools shall keep a true, full and50-39
correct register of all pupils attending such school as required by the board50-40
of trustees of the school district or a community school board in50-41
accordance with the regulations prescribed by the superintendent of public50-42
instruction.51-1
Sec. 85. NRS 391.273 is hereby amended to read as follows: 391.273 1. Unless specifically exempted pursuant to subsection 4,51-3
the unlicensed personnel of a school district must be directly supervised by51-4
licensed personnel in all duties which are instructional in nature. To the51-5
extent practicable, the direct supervision must be such that the unlicensed51-6
personnel are in the immediate location of the licensed personnel and are51-7
readily available during such times when supervision is required.51-8
2. Unlicensed personnel who are exempted pursuant to subsection 451-9
must be under administrative supervision when performing duties which51-10
are instructional in nature.51-11
3. Unlicensed personnel may temporarily perform duties under51-12
administrative supervision which are not primarily instructional in nature.51-13
4. Upon application by a superintendent of schools, the superintendent51-14
of public instruction may grant an exemption from the provisions of51-15
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, or51-18
are supplemental to the basic curriculum of a school;51-19
(c) The performance of the duties does not result in the replacement of a51-20
licensed employee or prevent the employment of a licensed person willing51-21
to perform those duties;51-22
(d) The secondary or combined school in which the duties will be51-23
performed has less than 100 pupils enrolled and is at least 30 miles from a51-24
school in which the duties are performed by licensed personnel; and51-25
(e) The unlicensed employee submits his fingerprints for an51-26
investigation pursuant to NRS 391.033.51-27
5. The superintendent of public instruction shall file a record of all51-28
exempt personnel with the clerk of the board of trustees of each local51-29
school district51-30
and the community school board of any changes therein. The record must51-31
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 by51-35
the superintendent of public instruction; and51-36
(d) The date the exemption expires or a statement that the exemption is51-37
valid as long as the employee remains in the same position at the same51-38
school.51-39
6. The superintendent of public instruction may adopt regulations51-40
prescribing the procedure to apply for an exemption pursuant to this51-41
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 a51-43
school district or a community school board to allow a person employed52-1
as a teacher’s aide to serve as a teacher unless the person is a legally52-2
qualified teacher licensed by the superintendent of public instruction. As52-3
used in this subsection, "emergency" means an unforeseen circumstance52-4
which requires immediate action and includes the fact that a licensed52-5
teacher or substitute teacher is not immediately available.52-6
8. If the superintendent of public instruction determines that the board52-7
of trustees of a school district or a community school board has violated52-8
the provisions of subsection 7, he shall take such actions as are necessary52-9
to reduce the amount of money received by the district or the community52-10
school board pursuant to NRS 387.124 by an amount equal to the product52-11
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
and52-15
(c) The number of dollars of basic support apportioned to the district52-16
per pupil per day pursuant to NRS 387.1233.52-17
Sec. 86. NRS 391.311 is hereby amended to read as follows: 391.311 As used in NRS 391.3115 to 391.3197, inclusive, unless the52-19
context otherwise requires:52-20
1. "Administrator" means any employee who holds a license as an52-21
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 school52-23
located within the jurisdiction of a community school board.52-24
2. "Board" means the board of trustees of the school district in which a52-25
licensed employee affected by NRS 391.311 to 391.3197, inclusive, is52-26
employed.52-27
3. "Demotion" means demotion of an administrator to a position of52-28
lesser rank, responsibility or pay and does not include transfer or52-29
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, 201.26552-32
or 207.260.52-33
5. "Postprobationary employee" means an administrator or a teacher52-34
who has completed the probationary period as provided in NRS 391.319752-35
and has been given notice of reemployment.52-36
6. "Probationary employee" means an administrator or a teacher who52-37
is employed for the period set forth in NRS 391.3197.52-38
7. "Superintendent" means the superintendent of a school district or a52-39
person designated by the board or superintendent to act as superintendent52-40
during the absence of the superintendent.52-41
8. "Teacher" means a licensed employee the majority of whose52-42
working time is devoted to the rendering of direct educational service to52-43
pupils of a school district. The term includes a teacher who is employed53-1
by a school district in a public school located within the jurisdiction of a53-2
community school board.53-3
Sec. 87. NRS 391.314 is hereby amended to read as follows: 391.314 1. If a superintendent has reason to believe that cause exists53-5
for the dismissal of a licensed employee , excluding an administrator who53-6
is employed by a community school board, and he is of the opinion that53-7
the immediate suspension of the employee is necessary in the best interests53-8
of the pupils in the district, the superintendent may suspend the employee53-9
without notice and without a hearing. Notwithstanding the provisions of53-10
NRS 391.312, a superintendent may suspend a licensed employee , except53-11
an administrator who is employed by a community school board, who has53-12
been officially charged but not yet convicted of a felony or a crime53-13
involving moral turpitude or immorality. If the charge is dismissed or if the53-14
employee is found not guilty, he must be reinstated with back pay, plus53-15
interest, and normal seniority. The superintendent shall notify the53-16
employee in writing of the suspension.53-17
2. Within 5 days after a suspension becomes effective, the53-18
superintendent shall begin proceedings pursuant to the provisions of NRS53-19
391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The53-20
employee is entitled to continue to receive his salary and other benefits53-21
after the suspension becomes effective until the date on which the53-22
dismissal proceedings are commenced. The superintendent may53-23
recommend that an employee who has been charged with a felony or a53-24
crime involving immorality be dismissed for another ground set forth in53-25
NRS 391.312.53-26
3. If a community school board has reason to believe that cause53-27
exists for the dismissal of an administrator who is employed by the53-28
community school board and the community school board believes that53-29
the immediate suspension of the administrator is necessary in the best53-30
interests of the pupils who are enrolled in public schools within the53-31
jurisdiction of the community school board, the community school board53-32
may suspend the administrator without notice and without a hearing.53-33
Notwithstanding the provisions of NRS 391.312, a community school53-34
board may suspend an administrator who is employed by the community53-35
school board and who has been officially charged but not yet convicted53-36
of a felony or a crime involving moral turpitude or immorality. If the53-37
charge is dismissed or if the administrator is found not guilty, he must be53-38
reinstated with back pay, plus interest, and normal seniority. The53-39
community school board shall notify the administrator in writing of the53-40
suspension. Within 5 days after a suspension becomes effective, the53-41
community school board shall begin proceedings pursuant to the53-42
provisions of NRS 391.312 to 391.3196, inclusive, to effect the53-43
administrator’s dismissal. The administrator is entitled to continue to54-1
receive his salary and other benefits after the suspension becomes54-2
effective until the date on which the dismissal proceedings are54-3
commenced. The community school board may recommend that an54-4
administrator who has been charged with a felony or a crime involving54-5
immorality be dismissed for another ground set forth in NRS 391.312.54-6
4. If sufficient grounds for dismissal do not exist,54-7
administrator who is suspended pursuant to subsection 1 or 3 must be54-8
reinstated with full compensation, plus interest.54-9
54-10
or other security which is acceptable to the board of trustees of a school54-11
district or community school board as a guarantee that he will repay any54-12
amounts paid to him pursuant to this subsection as salary during a period54-13
of suspension is entitled to continue to receive his salary from the date on54-14
which the dismissal proceedings are commenced until the decision of the54-15
board of trustees of the school district or community school board, or the54-16
report of the hearing officer, if the report is final and binding. The board of54-17
trustees of the school district or community school board shall not54-18
unreasonably refuse to accept security other than a bond. An employee54-19
who receives salary pursuant to this subsection shall repay it if he is54-20
dismissed or not reemployed as a result of a decision of the board of54-21
trustees or community school board or a report of a hearing officer.54-22
54-23
requires registration pursuant to NRS 179D.200 to 179D.290, inclusive, or54-24
179D.350 to 179D.550, inclusive, or is convicted of an act forbidden by54-25
NRS 200.508, 201.190 or 201.265 forfeits all rights of employment from54-26
the date of his arrest.54-27
54-28
sentenced to and serves any sentence of imprisonment forfeits all rights of54-29
employment from the date of his arrest or the date on which his54-30
employment terminated, whichever is later.54-31
54-32
involving immorality or moral turpitude and who waives his right to a54-33
speedy trial while suspended may receive54-34
back pay and seniority upon reinstatement if he is found not guilty or the54-35
charges are dismissed, unless proceedings have been begun to dismiss the54-36
employee upon one of the other grounds set forth in NRS 391.312.54-37
54-38
for an administrator who is employed by a community school board, by54-39
suspending the employee with loss of pay at any time after a hearing has54-40
been held which affords the due process provided for in this chapter. The54-41
grounds for suspension are the same as the grounds contained in NRS54-42
391.312. An employee may be suspended more than once during the54-43
employee’s contract year, but the total number of days of suspension may55-1
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 who55-4
is employed by the community school board by suspending the55-5
administrator with loss of pay at any time after a hearing has been held55-6
which affords the due process provided for in this chapter. The55-7
applicable grounds for suspension are the same as the grounds contained55-8
in NRS 391.312. An administrator may be suspended more than once55-9
during his contract year, but the total number of days of suspension may55-10
not exceed 20 days in 1 contract year. Unless circumstances require55-11
otherwise, the suspensions must be progressively longer.55-12
Sec. 88. NRS 391.315 is hereby amended to read as follows: 391.315 1. A superintendent may recommend that a teacher be55-14
dismissed or not reemployed.55-15
2. A superintendent may recommend that an administrator who is55-16
employed by the board of trustees of the school district in which the55-17
superintendent is employed be demoted, dismissed or not reemployed. A55-18
member of a community school board may recommend that an55-19
administrator who is employed by the community school board be55-20
demoted, dismissed or not reemployed.55-21
3. The board may recommend that a superintendent be dismissed or55-22
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 hearing55-25
officer, depending upon the grounds for the recommendation.55-26
Sec. 89. NRS 391.3161 is hereby amended to read as follows: 391.3161 1. There is hereby created a list of hearing officers55-28
comprised of residents of this state who are attorneys at law. The state55-29
board shall make appointments to the list after nominations have been55-30
made by the State Bar of Nevada and the Nevada Trial Lawyers55-31
Association. Each nominee appointed to the list must have completed a55-32
course of instruction in administrative law, relating to the provisions of this55-33
chapter, offered by the state board. This course must consist of at least 455-34
hours of instruction in a classroom.55-35
2. Each appointment to the list is for a term of 6 years or until55-36
resignation or removal for cause by the state board. Vacancies must be55-37
filled in the same manner as original appointments.55-38
3. Hearing officers may be selected from a list provided by the55-39
American Arbitration Association of arbitrators who are available upon55-40
request, if:55-41
(a) The number of names on the list of qualified, trained hearing55-42
officers falls below 10; and56-1
(b) The employee and the56-2
the demotion, dismissal or nonreemployment have so agreed in writing at56-3
least 5 school days before the list is requested.56-4
Selection of a hearing officer through the services of the American56-5
Arbitration Association must be accomplished in the same manner as56-6
described in subsection 2 of NRS 288.200. The employee and the board of56-7
trustees of the school district shall each pay half of the costs of a hearing56-8
held before a hearing officer selected from a list provided by the American56-9
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 in56-12
subsection 1 of NRS 391.312.56-13
5. This section does not preclude the employee and the56-14
56-15
nonreemployment from mutually selecting an attorney who is a resident of56-16
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: 391.317 1. At least 15 days before recommending to a board of56-19
trustees of a school district or community school board that it demote,56-20
dismiss or not reemploy a postprobationary employee, or dismiss or56-21
demote a probationary employee, the56-22
to make the recommendation shall give written notice to the employee, by56-23
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 the56-26
recommendation.56-27
(b) Inform the employee that, if a written request therefor is directed to56-28
the56-29
within 10 days after receipt of the notice, the employee is entitled to a56-30
hearing before a hearing officer.56-31
(c) Inform the employee that he may request appointment of a hearing56-32
officer from a list provided by the American Arbitration Association and56-33
that one will be appointed if the56-34
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: 391.318 1. If a request for a hearing is not made within the time56-38
allowed, the superintendent or member of the community school board56-39
shall file his recommendation56-40
(a) If the recommendation is of the superintendent, with the board of56-41
trustees of the school district.57-1
(b) If the recommendation is of a member of a community school57-2
board, with the community school board.57-3
The board of trustees of the school district or the community school57-4
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 of57-6
a community school board shall not file his recommendation with the57-7
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: 391.3191 1. Each request for appointment of a person from the list57-10
of hearing officers to serve as a hearing officer must be submitted to the57-11
superintendent of public instruction.57-12
2. The licensed employee and the57-13
recommended the demotion, dismissal or nonreemployment may each57-14
challenge not more than five members of the list of hearing officers, and57-15
the superintendent of public instruction shall not appoint any challenged57-16
person.57-17
Sec. 93. NRS 391.31915 is hereby amended to read as follows: 391.31915 1. Within 10 days after he receives a request for a57-19
hearing, the superintendent of public instruction shall designate seven57-20
attorneys from the list of hearing officers.57-21
2. After designation of the attorneys, the licensed employee and57-22
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 for57-25
the hearing. The57-26
demotion, dismissal or nonreemployment and the licensed employee shall57-27
draw lots to determine first choice to exercise a challenge.57-28
3. The state board shall prescribe procedures for exercising challenges57-29
to the hearing officer and set time limits in which the challenges may be57-30
exercised by the licensed employee and57-31
recommended the demotion, dismissal or nonreemployment.57-32
Sec. 94. NRS 391.3192 is hereby amended to read as follows: 391.3192 1. As soon as possible after the time of his designation, the57-34
hearing officer shall hold a hearing to determine whether the grounds for57-35
the recommendation are substantiated.57-36
2. The superintendent of public instruction shall furnish the hearing57-37
officer with any assistance which is reasonably required to conduct the57-38
hearing, and the hearing officer may require witnesses to give testimony57-39
under oath and produce evidence relevant to the investigation.57-40
3. The licensed employee and57-41
recommended the demotion, dismissal or nonreemployment are entitled to57-42
be heard, to be represented by an attorney and to call witnesses in their57-43
behalf.58-1
4. The hearing officer is entitled to be reimbursed for his reasonable58-2
actual expenses and to receive compensation for actual time served at a58-3
rate of $60 per hour.58-4
5. If requested by the hearing officer, an official transcript must be58-5
made.58-6
6. The board of trustees of a school district and the licensed employee58-7
are equally responsible for the expense of and compensation for the58-8
hearing officer and the expense of the official transcript.58-9
7. The state board shall develop a set of uniform standards and58-10
procedures to be used in such a hearing. The technical rules of evidence do58-11
not apply to this hearing.58-12
Sec. 95. NRS 391.3193 is hereby amended to read as follows: 391.3193 1. Except as otherwise provided in subsection 3, within 3058-14
days after the time of his designation, the hearing officer shall complete the58-15
hearing and shall prepare and file a written report with the58-16
person who recommended the demotion, dismissal or nonreemployment58-17
and the licensed employee involved not later than 15 days after the58-18
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 action58-21
to be taken by the board58-22
school board. The report of the hearing officer is final and binding on the58-23
employee and the board of trustees of the school district or community58-24
school board if the employee and the58-25
recommended the demotion, dismissal or nonreemployment have so58-26
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, the58-28
licensed employee and the58-29
recommended the demotion, dismissal or nonreemployment must be so58-30
notified before the end of that period, and the hearing officer may take the58-31
time necessary not exceeding 30 days following the conclusion of the58-32
hearing to file the written report and recommendation.58-33
4. The licensed employee and the58-34
recommended the demotion, dismissal or nonreemployment, or his58-35
designee , may mutually agree to waive any of the time limits applicable to58-36
the hearing procedure.58-37
Sec. 96. NRS 391.3194 is hereby amended to read as follows: 391.3194 1. Within 5 days after the58-39
recommended the demotion, dismissal or nonreemployment receives the58-40
report of the hearing officer he shall either withdraw the recommendation58-41
to demote, dismiss or not reemploy the licensed employee or file his58-42
recommendation59-1
(a) If the employee is employed by the board of trustees of the school59-2
district, with that board.59-3
(b) If the employee is employed by the community school board, with59-4
that board.59-5
2. Within 15 days after the receipt of the recommendation of the59-6
superintendent59-7
trustees of the school district or community school board shall either59-8
accept or reject the hearing officer’s recommendation and notify the59-9
licensed employee in writing of its decision.59-10
3. The board of trustees of the school district or community school59-11
board may, before making a decision, refer the report back to the hearing59-12
officer for further evidence and recommendations. Within 15 days after the59-13
report is referred to him, the hearing officer shall complete the report and59-14
file it with the board of trustees of the school district or community school59-15
board and mail a copy to the59-16
the demotion, dismissal or nonreemployment and the licensed employee.59-17
4. The licensed employee may appeal the decision to a district court59-18
within the time limits and in the manner provided by law for appeals of59-19
administrative decisions of state agencies. If the report of the hearing59-20
officer is final and binding, the employee or the board of trustees of the59-21
school district or community school board may request judicial review of59-22
the report pursuant to NRS 38.145 or 38.155.59-23
Sec. 97. NRS 391.3196 is hereby amended to read as follows: 391.3196 1. On or before May 1 of each year, the board of trustees59-25
of each school district shall notify the postprobationary employees in their59-26
employ, in writing, by certified mail or by delivery of the employee’s59-27
contract, concerning their reemployment for the ensuing year. On or59-28
before May 1 of each year, each community school board shall notify the59-29
postprobationary administrators in their employ, in writing, by certified59-30
mail or by delivery of the employee’s contract, concerning their59-31
reemployment for the ensuing year. If the appropriate board, or the59-32
person designated by it, fails to notify a postprobationary employee who59-33
has been employed by59-34
community school board of his status for the ensuing year, the employee59-35
shall be deemed to be reemployed for the ensuing year under the same59-36
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 been59-38
recommended to be demoted, dismissed or not reemployed if proceedings59-39
have commenced and no final decision has been made by the board59-40
trustees of the school district or community school board. A licensed59-41
employee may be demoted or dismissed for grounds set forth in NRS59-42
391.312 after he has been notified that he is to be reemployed for the59-43
ensuing year.60-1
3. Any licensed employee who is reemployed pursuant to subsection 160-2
shall, by May 10, notify the board of trustees of the school district or60-3
community school board, as appropriate, in writing of his acceptance of60-4
employment. Failure on the part of the employee to notify the appropriate60-5
board of his acceptance within the specified time is conclusive evidence of60-6
the employee’s rejection of the contract.60-7
4. If the licensed employees are represented by a recognized employee60-8
organization and negotiation has been commenced pursuant to NRS60-9
288.180, then the provisions of subsections 1, 2 and 3 do not apply except60-10
in the case of a demotion, dismissal or decision not to reemploy an60-11
employee. Before May 10 of each year, the employees shall notify the60-12
board of trustees of the school district or community school board, as60-13
appropriate, in writing, on forms provided by the appropriate board, of60-14
their acceptance of reemployment. Any agreement negotiated by the60-15
recognized employee organization and the board of trustees of the school60-16
district becomes a part of the contract of employment between the board of60-17
trustees of the school district or community school board and the60-18
employee. The board of trustees of the school district or community60-19
school board shall mail contracts, by certified mail with return receipts60-20
requested, to each employee to be reemployed at his last known address or60-21
shall deliver the contract in person to each employee, obtaining a receipt60-22
therefor. Failure on the part of the employee to notify the appropriate60-23
board of his acceptance within 10 days after receipt of the contract is60-24
conclusive evidence of the employee’s rejection of the contract.60-25
Sec. 98. NRS 391.3197 is hereby amended to read as follows: 391.3197 1. A probationary employee is employed on a contract60-27
basis for two 1-year periods and has no right to employment after either of60-28
the two probationary contract years.60-29
2. The board of trustees of each school district shall notify each60-30
probationary employee in writing on or before May 1 of the first and60-31
second school years of his probationary period, as appropriate, whether he60-32
is to be reemployed for the second year of the probationary period or for60-33
the next school year as a postprobationary employee. Each community60-34
school board shall notify each probationary employee who is employed as60-35
an administrator by the community school board in writing on or before60-36
May 1 of the first and second school years of his probationary period, as60-37
appropriate, whether he is to be reemployed for the second year of the60-38
probationary period or for the next school year as a postprobationary60-39
employee. The employee must advise the appropriate board in writing on60-40
or before May 10 of the first or second year of his probationary period, as60-41
appropriate, of his acceptance of reemployment. If a probationary60-42
employee is assigned to a school that operates all year, the board of60-43
trustees of the school district shall notify him in writing, in both the first61-1
and second years of his probationary period,61-2
before his last day of work for the year under his contract whether he is to61-3
be reemployed for the second year of the probationary period or for the61-4
next school year as a postprobationary employee.61-5
administrator who is employed by a community school board is assigned61-6
to a school that operates all year, the community school board shall61-7
notify the administrator in writing, in both the first and second years of61-8
his probationary period, not later than 45 days before his last day of work61-9
for the year under his contract whether he is to be reemployed for the61-10
second year of the probationary period or for the next school year as a61-11
postprobationary employee. The employee must advise the appropriate61-12
board in writing within 10 days after the date of notification of his61-13
acceptance or rejection of reemployment for another year. Failure to advise61-14
the appropriate board of his acceptance of reemployment constitutes61-15
rejection of the contract.61-16
3. A probationary employee who completes his 2-year probationary61-17
period and receives a notice of reemployment from the board of trustees of61-18
the school district or the community school board with whom he is61-19
employed in the second year of his probationary period is entitled to be a61-20
postprobationary employee in the ensuing year of employment.61-21
4. A probationary employee who receives an unsatisfactory evaluation61-22
may request a supplemental evaluation by another administrator61-23
61-24
who is selected by61-25
school district or the chairman of the community school board by whom61-26
he is employed. If a school district or community school board has five or61-27
fewer administrators, the supplemental evaluator may be an administrator61-28
from another school district in the state. If a probationary employee has61-29
received during the first school year of his probationary period three61-30
evaluations which state that the employee’s overall performance has been61-31
satisfactory61-32
(a) If the employee is employed by the board of trustees of a school61-33
district, the superintendent of schools of the school district or his designee61-34
; or61-35
(b) If the employee is employed by a community school board, a61-36
member of the community school board,61-37
shall waive the second year of the employee’s probationary period by61-38
expressly providing in writing on the final evaluation of the employee for61-39
the first probationary year that the second year of his probationary period61-40
is waived. Such an employee is entitled to be a postprobationary employee61-41
in the ensuing year of employment.61-42
5. If a probationary employee is notified that he will not be61-43
reemployed for the second year of his probationary period or the ensuing62-1
school year, his employment ends on the last day of the current school62-2
year. The notice that he will not be reemployed must include a statement of62-3
the reasons for that decision.62-4
6. A new employee or a postprobationary teacher who is employed as62-5
an administrator shall be deemed to be a probationary employee for the62-6
purposes of this section and must serve a 2-year probationary period as an62-7
administrator in accordance with the provisions of this section. If the62-8
administrator does not receive an unsatisfactory evaluation during the first62-9
year of probation62-10
(a) If the administrator is employed by the board of trustees of a62-11
school district, the superintendent or his designee ; or62-12
(b) If the administrator is employed by a community school board, a62-13
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 the62-16
ensuing year of employment. If a postprobationary teacher who is an62-17
administrator is not reemployed in that capacity after either year of his62-18
probationary period, he may accept a contract as a teacher for the ensuing62-19
school year in writing on or before May 10. If he fails to accept the62-20
contract as a teacher, he shall be deemed to have rejected the offer of a62-21
contract as a teacher.62-22
7. An administrator who has completed his probationary period62-23
pursuant to subsection 6 and is thereafter promoted to the position of62-24
principal must serve an additional probationary period of 1 year in the62-25
position of principal. If the administrator serving the additional62-26
probationary period is not reemployed in that capacity after the expiration62-27
of the additional probationary period, he may accept a contract for the62-28
ensuing school year, in writing, on or before May 10, for the62-29
administrative position in which he attained postprobationary status. If he62-30
fails to accept such a contract, he shall be deemed to have rejected the offer62-31
of employment.62-32
8. Before dismissal, the probationary employee is entitled to a hearing62-33
before a hearing officer which affords due process as set out in NRS62-34
391.311 to 391.3196, inclusive.62-35
Sec. 99. NRS 392.025 is hereby amended to read as follows: 392.025 The board of trustees of a school district or a community62-37
school board shall not change the grade given to a pupil by a teacher62-38
unless the board of trustees of the school district or the community school62-39
board has established and followed a procedure that allows the teacher an62-40
opportunity to substantiate the grade that was given.63-1
Sec. 100. NRS 392.033 is hereby amended to read as follows: 392.033 1. The state board shall adopt regulations which prescribe63-3
the courses of study required for promotion to high school, which may63-4
include the credits to be earned.63-5
2. The board of trustees of a school district or a community school63-6
board shall not promote a pupil to high school if the pupil does not63-7
complete the course of study or credits required for promotion. The board63-8
of trustees of the school district or a community school board in which the63-9
pupil is enrolled may provide programs to complete the courses of study63-10
required for promotion to high school.63-11
3. The board of trustees of each school district and each community63-12
school board shall adopt a procedure for evaluating the course of study or63-13
credits completed by a pupil who transfers to a junior high or middle63-14
school from a junior high or middle school in this state or from a school63-15
outside of this state.63-16
Sec. 101. NRS 392.040 is hereby amended to read as follows: 392.040 1. Except as otherwise provided by law, each parent,63-18
custodial parent, guardian or other person in the State of Nevada having63-19
control or charge of any child between the ages of 7 and 17 years shall63-20
send the child to a public school during all the time the public school is in63-21
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 school63-23
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 a63-25
child is not 5 years of age on or before September 30 of a school year, the63-26
child must not be admitted to kindergarten.63-27
3. Except as otherwise provided in subsection 4, a child who is 6 years63-28
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 at63-30
the beginning of that school year; or63-31
(b) If he has completed kindergarten, be admitted to the first grade at63-32
the beginning of that school year,63-33
and his enrollment must be counted for purposes of apportionment. If a63-34
child is not 6 years of age on or before September 30 of a school year, the63-35
child must not be admitted to the first grade until the beginning of the63-36
school year following his sixth birthday.63-37
4. The parents, custodial parent, guardian or other person within the63-38
State of Nevada having control or charge of a child who is 6 years of age63-39
on or before September 30 of a school year may elect for the child not to63-40
attend kindergarten or the first grade during that year. The parents,63-41
custodial parent, guardian or other person who makes such an election63-42
shall file with the board of trustees of the appropriate school district or the63-43
community school board that has jurisdiction over the high school64-1
attendance zone in which the child resides a waiver in a form prescribed64-2
by the board64-3
5. Whenever a child who is 6 years of age is enrolled in a public64-4
school, each parent, custodial parent, guardian or other person in the State64-5
of Nevada having control or charge of the child shall send him to the64-6
public school during all the time the school is in session. This requirement64-7
for attendance does not apply to any child under the age of 7 years who has64-8
not yet been enrolled or has been formally withdrawn from enrollment in64-9
public school.64-10
6. A child who is 7 years of age on or before September 30 of a school64-11
year must:64-12
(a) If he has completed kindergarten and the first grade, be admitted to64-13
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 State64-16
of Nevada having control or charge of the child waived the child’s64-17
attendance from kindergarten pursuant to subsection 4, undergo an64-18
assessment by the district pursuant to subsection 7 to determine whether64-19
the child is prepared developmentally to be admitted to the first grade. If64-20
the district determines that the child is prepared developmentally, he must64-21
be admitted to the first grade. If the district determines that the child is not64-22
so prepared, he must be admitted to kindergarten.64-23
The enrollment of any child pursuant to this subsection must be counted64-24
for apportionment purposes.64-25
7. Each school district shall prepare and administer before the64-26
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 school64-28
year; and64-29
(b) Whose parents waived his attendance from kindergarten pursuant to64-30
subsection 4,64-31
to determine whether the child is prepared developmentally to be admitted64-32
to the first grade. The results of the test must be made available to the64-33
parents, custodial parent, guardian or other person within the State of64-34
Nevada having control or charge of the child. The test required by this64-35
subsection must be administered to pupils who reside within the64-36
jurisdiction of the school district and to pupils who reside within the64-37
jurisdiction of a community school board in the school district.64-38
8. A child who becomes a resident of this state after completing64-39
kindergarten or beginning first grade in another state in accordance with64-40
the laws of that state may be admitted to the grade he was attending or64-41
would be attending had he remained a resident of the other state regardless64-42
of his65-1
age, unless the board of trustees of the school district determines that the65-2
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 school65-5
district or a community school board pursuant to NRS 388.060; and65-6
(b) An authorized program of instruction for kindergarten offered in a65-7
child’s home pursuant to NRS 388.060.65-8
Sec. 102. NRS 392.050 is hereby amended to read as follows: 392.050 1. A child must be excused from attendance required by the65-10
provisions of NRS 392.040 when satisfactory written evidence is presented65-11
to the board of trustees of the school district in which the child resides or65-12
the community school board that has jurisdiction over the high school65-13
attendance zone in which the child resides that the child’s physical or65-14
mental condition is such as to prevent or render inadvisable his attendance65-15
at school or his application to study.65-16
2. A certificate in writing from any qualified physician acting within65-17
his authorized scope of practice, filed with the board of trustees of the65-18
school district or the community school board immediately after its65-19
receipt, stating that the child is not able to attend school or that his65-20
attendance is inadvisable must be taken as satisfactory evidence by the65-21
board of trustees65-22
3. A board of trustees of a school district or a community school65-23
board which has excused from attendance pursuant to subsection 1 a child65-24
who, pursuant to NRS 388.440, qualifies as a pupil with a disability, shall65-25
make available to the child a free appropriate public education in65-26
compliance with the Individuals with Disabilities Education Act ,65-27
U.S.C. §§ 1400 et seq. ,65-28
Sec. 103. NRS 392.060 is hereby amended to read as follows: 392.060 Attendance required by the provisions of NRS 392.04065-30
must be excused when satisfactory written evidence is presented to the65-31
board of trustees of the school district in which the child resides or the65-32
community school board that has jurisdiction over the high school65-33
attendance zone in which the child resides that he has already completed65-34
the 12 grades of the elementary and high school courses.65-35
Sec. 104. NRS 392.070 is hereby amended to read as follows: 392.070 Attendance required by the provisions of NRS 392.04065-37
must be excused when satisfactory written evidence is presented to the65-38
board of trustees of the school district in which the child resides or the65-39
community school board that has jurisdiction over the high school65-40
attendance zone in which the child resides that the child is receiving at65-41
home or in some other school equivalent instruction of the kind and65-42
amount approved by the state board .66-1
Sec. 105. NRS 392.080 is hereby amended to read as follows: 392.080 Attendance required by the provisions of NRS 392.04066-3
must be excused when the superintendent of public instruction has66-4
determined that the child’s residence is located at such distance from the66-5
nearest public school as to render attendance unsafe or impractical, and the66-6
child’s parent or guardian has notified the board of trustees of the school66-7
district in which the child resides or the community school board that has66-8
jurisdiction over the high school attendance zone in which the child66-9
resides to that effect in writing.66-10
Sec. 106. NRS 392.100 is hereby amended to read as follows: 392.100 Attendance required by the provisions of NRS 392.04066-12
must be excused when satisfactory written evidence is presented to the66-13
board of trustees of the school district in which the child resides or the66-14
community school board that has jurisdiction over the high school66-15
attendance zone in which the child resides that the child, 14 years of age66-16
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: 392.110 1. Any child between the ages of 14 and 17 years who has66-19
completed the work of the first eight grades may be excused from full-time66-20
school attendance and may be permitted to enter proper employment or66-21
apprenticeship, by the written authority of the board of trustees of the66-22
school district in which the child resides or the community school board66-23
that has jurisdiction over the high school attendance zone in which the66-24
child resides excusing the child from such attendance. The66-25
written authority66-26
board must state the reason or reasons for such excuse.66-27
2. In all such cases66-28
or contract for the services or time of such child until the child presents a66-29
written permit therefor from the attendance officer ,66-30
66-31
kept on file by the employer, and upon the termination of employment66-32
shall be returned by the employer to the board of trustees , community66-33
school board or other authority issuing it.66-34
Sec. 108. NRS 392.126 is hereby amended to read as follows: 392.126 1. There is hereby created in each county at least one66-36
advisory board to review school attendance. The membership of each such66-37
board may consist of:66-38
(a) One probation officer in the county who works on cases relating to66-39
juveniles, appointed by the judge or judges of the juvenile court of the66-40
county;66-41
(b) One representative of a law enforcement agency in the county who66-42
works on cases relating to juveniles, appointed by the judge or judges of66-43
the juvenile court of the county;67-1
(c) One representative of the district attorney for the county, appointed67-2
by the district attorney;67-3
(d) One parent or legal guardian of a pupil who is enrolled in a public67-4
school in the county, appointed by the president of the board of trustees of67-5
the school district;67-6
(e) One member of the board of trustees of the school district, appointed67-7
by the president of the board of trustees;67-8
(f) If the school district includes a community school board, one67-9
member of the community school board, or a designee of the community67-10
school board, appointed by the chairman of the community school board;67-11
(g) One school counselor or school teacher employed by the school67-12
district, appointed by an organization or association that represents67-13
licensed educational personnel in the school district;67-14
67-15
the county; and67-16
67-17
and family services of the department of human resources, appointed by67-18
the executive head of that office.67-19
2. The members of each such board shall elect a chairman from among67-20
their membership.67-21
3. Each member of such a board must be appointed for a term of 267-22
years. A vacancy in the membership of the board must be filled in the same67-23
manner as the original appointment for the remainder of the unexpired67-24
term.67-25
4. Each member of such a board serves without compensation, except67-26
that, for each day or portion of a day during which a member of the board67-27
attends a meeting of the board or is otherwise engaged in the business of67-28
the board, he is entitled to receive the per diem allowance and travel67-29
expenses provided for state officers and employees generally. The board of67-30
trustees of the school district shall pay the per diem allowance and travel67-31
expenses from the general fund of the school district.67-32
Sec. 109. NRS 392.128 is hereby amended to read as follows: 392.128 1. Each advisory board to review school attendance created67-34
pursuant to NRS 392.126 shall:67-35
(a) Review the records of the rate of attendance and truancy of pupils67-36
submitted to the advisory board to review school attendance by the board67-37
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 the67-39
school district67-40
in public schools that are within the jurisdiction of a community school67-41
board in the school district;67-42
(c) Establish programs to reduce the rate of truancy of pupils in the67-43
school district68-1
in public schools that are within the jurisdiction of a community school68-2
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 the68-5
reporting of the status of pupils as habitual truants and the issuance of68-6
citations pursuant to NRS 392.142; and68-7
(f) Inform the parents and legal guardians of the pupils who are enrolled68-8
in the schools within the district , including, without limitation, schools68-9
that are within the jurisdiction of a community school board in the68-10
school district of the policies and procedures adopted pursuant to the68-11
provisions of this section.68-12
2. An advisory board to review school attendance created in a county68-13
pursuant to NRS 392.126 may use money appropriated by the legislature68-14
and any other money made available to the advisory board for the use of68-15
programs to reduce the truancy of pupils in the school district68-16
including, without limitation, pupils who are enrolled in public schools68-17
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, a68-20
community school board, an accounting of the money used by the68-21
advisory board to review school attendance to reduce the rate of truancy of68-22
pupils in the school district.68-23
Sec. 110. NRS 392.160 is hereby amended to read as follows: 392.160 1. Any peace officer, the attendance officer or any other68-25
school officer shall, during school hours, take into custody without68-26
warrant:68-27
(a) Any child between the ages of 7 and 17 years; and68-28
(b) Any child who has arrived at the age of 6 years but not at the age of68-29
7 years and is enrolled in a public school,68-30
who has been reported to him by the teacher, superintendent of schools or68-31
other school officer as an absentee from instruction upon which he is68-32
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 forthwith68-35
deliver the child to the superintendent of schools, principal or other school68-36
officer at the child’s school of attendance.68-37
(b) After school hours, the officer having custody shall deliver the child68-38
to the parent, guardian or other person having control or charge of the68-39
child.68-40
3. The board of trustees of a school district , a community school68-41
board or the governing body of a charter school may enter into an68-42
agreement with a counseling agency to permit delivery of the child to the68-43
agency. For the purposes of this subsection, "counseling agency" means an69-1
agency designated by the school district in which the child is enrolled to69-2
provide counseling for the child and the parent, guardian or other person69-3
having control or charge of the child.69-4
Sec. 111. NRS 392.165 is hereby amended to read as follows: 392.165 1. The board of trustees of a school district , a community69-6
school board and the governing body of a charter school shall not allow a69-7
child to be permanently enrolled in any school69-8
69-9
child furnishes a birth certificate or other document suitable as proof of the69-10
child’s identity and, if applicable, a copy of the child’s records from the69-11
school he most recently attended.69-12
2. Except as otherwise provided in subsection 3, a child must be69-13
enrolled in a school under his name as it appears in the identifying69-14
document or records required by subsection 1, unless the parent or69-15
guardian furnishes a court order or decree authorizing a change of name or69-16
directing the board of trustees of the school district , the community school69-17
board or the governing body of a charter school to enroll the child under a69-18
name other than the name which appears in the identifying document or69-19
records.69-20
3. A child who is in the custody of the division of child and family69-21
services of the department of human resources may be enrolled in a school69-22
under a name other than the name which appears in the identifying69-23
document or records required by subsection 1 if the court determines that69-24
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 or69-26
records required by subsection 1 within 30 days after the child is69-27
conditionally enrolled, the principal, superintendent or governing body of a69-28
charter school shall notify the local law enforcement agency and request a69-29
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: 392.167 A parent or guardian who has legal custody of a child may69-32
petition the appropriate district court for an order directing the board of69-33
trustees of a school district , a community school board or the governing69-34
body of a charter school , as applicable, to enroll that child in a public69-35
school69-36
appears in the identifying document or records required by subsection 1 of69-37
NRS 392.165. Except as otherwise provided by specific statute, the court69-38
shall issue the order if it determines that to do so would be in the best69-39
interests of the child.69-40
Sec. 113. NRS 392.170 is hereby amended to read as follows: 392.170 Upon the written complaint of any person, the board of69-42
trustees of a school district , a community school board or the governing69-43
body of a charter school shall:70-1
1. Make a full and impartial investigation of all charges against70-2
parents, guardians or other persons having control or charge of any child70-3
who is 17 years of age or younger for violation of any of the provisions of70-4
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 findings70-6
thereof in the records of the appropriate board70-7
Sec. 114. NRS 392.180 is hereby amended to read as follows: 392.180 If it appears upon investigation that any parent, guardian or70-9
other person having control or charge of any child who is 17 years of age70-10
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 of70-12
trustees of a school district, a member of the community school board or70-13
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 the70-15
proper court a criminal complaint against the parent, guardian or other70-16
person, charging the violation, and shall see that the charge is prosecuted70-17
by the proper authority.70-18
Sec. 115. NRS 392.190 is hereby amended to read as follows: 392.190 In a school district having an attendance officer, the70-20
attendance officer shall, if directed by the board of trustees70-21
school district or community school board, make and file the complaint70-22
provided for by NRS 392.180, and shall see that the charge is prosecuted70-23
by the proper authorities.70-24
Sec. 116. NRS 392.420 is hereby amended to read as follows: 392.420 1. In each school at which he is employed, a school nurse70-26
shall plan for and carry out, or supervise qualified health personnel in70-27
carrying out, a separate and careful observation and examination of every70-28
child who is regularly enrolled in a grade specified by the board of trustees70-29
or superintendent of schools of the school district or community school70-30
board to determine whether the child has scoliosis, any visual or auditory70-31
problem or any gross physical defect. The grades in which the observations70-32
and examinations must be carried out are as follows:70-33
(a) For visual and auditory problems, in at least two grades of the70-34
elementary schools, one grade of the middle or junior high schools and one70-35
grade of the high schools; and70-36
(b) For scoliosis, in at least one grade of schools below the high70-38
Any person other than a school nurse who performs an observation or70-39
examination pursuant to this subsection must be trained by a school nurse70-40
to conduct the observation or examination.70-41
2. If any child is attending school in a grade above one of the specified70-42
grades and has not previously received such an observation and70-43
examination, he must be included in the current schedule for observation71-1
and examination. Any child who is newly enrolled in the district must be71-2
examined for any medical condition for which children in a lower grade71-3
are examined.71-4
3. A special examination for a possible visual or auditory problem71-5
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 during71-9
the previous school year; or71-10
(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 any71-12
child who is found or believed to have a visual or auditory problem,71-13
scoliosis, or any gross physical defect and shall recommend that71-14
appropriate medical attention be secured to correct it.71-15
5. In any school district in which state, county or district public health71-16
services are available or conveniently obtainable, those services may be71-17
used to meet the responsibilities assigned under the provisions of this71-18
section. The board of trustees of the school district or community school71-19
board may employ qualified personnel to perform them.71-20
6. Any child must be exempted from the examination if his parents or71-21
guardian filed with the teacher a written statement objecting to the71-22
examination.71-23
Sec. 117. NRS 392.430 is hereby amended to read as follows: 392.430 1. Except as otherwise provided in subsection 2, the board71-25
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 the71-27
public schools and for the prevention of the spread of contagious and71-28
infectious diseases therein.71-29
(b) Spend their respective share of money available in the school71-30
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 the71-33
charter school and for the prevention of contagious and infectious diseases;71-34
and71-35
(b) Spend money to enforce the rules among indigent children.71-36
Sec. 118. NRS 392.435 is hereby amended to read as follows: 392.435 1. Unless excused because of religious belief or medical71-38
condition, a child may not be enrolled in a public school within this state71-39
unless his parents or guardian submit to the board of trustees of the school71-40
district in which the child resides , the community school board that has71-41
jurisdiction over the high school attendance zone in which the child71-42
resides or the governing body of the charter school in which the child has71-43
been accepted for enrollment a certificate stating that the child has been72-1
immunized and has received proper boosters for that immunization or is72-2
complying with the schedules established by regulation pursuant to NRS72-3
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; and72-10
(g) Such other diseases as the local board of health or the state board of72-11
health may determine.72-12
2. The certificate must show that the required vaccines and boosters72-13
were given and must bear the signature of a licensed physician or his72-14
designee or a registered nurse or his designee, attesting that the certificate72-15
accurately reflects the child’s record of immunization.72-16
3. If the requirements of subsection 1 can be met with one visit to a72-17
physician or clinic, procedures for conditional enrollment do not apply.72-18
4. A child may enter school conditionally if the parent or guardian72-19
submits a certificate from a physician or local health officer that the child72-20
is receiving the required immunizations. If a certificate from the physician72-21
or local health officer showing that the child has been fully immunized is72-22
not submitted to the appropriate school officers within 90 school days after72-23
the child was conditionally admitted, the child must be excluded from72-24
school and may not be readmitted until the requirements for immunization72-25
have been met. A child who is excluded from school pursuant to this72-26
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 the72-29
governing body of each charter school shall report to the health division of72-30
the department of human resources, on a form furnished by the division,72-31
the exact number of pupils who have completed the immunizations72-32
required by this section.72-33
6. The certificate of immunization must be included in the pupil’s72-34
academic or cumulative record and transferred as part of that record upon72-35
request.72-36
Sec. 119. NRS 392.437 is hereby amended to read as follows: 392.437 A public school shall not refuse to enroll a child as a pupil72-38
because the child has not been immunized pursuant to NRS 392.435 if the72-39
parents or guardian of the child has submitted to the board of trustees of72-40
the school district in which the child resides or the community school72-41
board that has jurisdiction over the high school attendance zone in which72-42
the child resides or the governing body of a charter school in which the73-1
child has been accepted for enrollment a written statement indicating that73-2
their religious belief prohibits immunization of such child or ward.73-3
Sec. 120. NRS 392.439 is hereby amended to read as follows: 392.439 If the medical condition of a child will not permit him to be73-5
immunized to the extent required by NRS 392.435 and a written statement73-6
of this fact is signed by a licensed physician and by the parents or guardian73-7
of the child, the board of trustees of the school district in which the child73-8
resides or the community school board that has jurisdiction over the high73-9
school attendance zone in which the child resides or governing body of73-10
the charter school in which the child has been accepted for enrollment shall73-11
exempt the child from all or part of the provisions of NRS 392.435, as the73-12
case may be, for enrollment purposes.73-13
Sec. 121. NRS 392.443 is hereby amended to read as follows: 392.443 If, after a child has been enrolled in a public school and73-15
before registration for any subsequent school year , additional73-16
immunization requirements are provided by law, the child’s parents or73-17
guardian shall submit an additional certificate or certificates to the board of73-18
trustees of the school district, the community school board or the73-19
governing body of the charter school in which the child is enrolled stating73-20
that the child has met the new immunization requirements.73-21
Sec. 122. NRS 392.446 is hereby amended to read as follows: 392.446 Whenever the state board of health or a local board of health73-23
determines that there is a dangerous contagious disease in a public school73-24
attended by a child for whom exemption from immunization is claimed73-25
pursuant to the provisions of NRS 392.437 or 392.439, the board of73-26
trustees of the school district , the community school board or the73-27
governing body of the charter school in which the child is enrolled shall73-28
require either:73-29
1. That the child be immunized; or73-30
2. That he remain outside the school environment and the local health73-31
officer be notified.73-32
Sec. 123. NRS 392.450 is hereby amended to read as follows: 392.450 1. The board of trustees of each school district , each73-34
community school board and the governing body of each charter school73-35
shall provide drills for the pupils in the schools73-36
73-37
the school year to instruct those pupils in the appropriate procedures to be73-38
followed in the event of a fire or other emergency. Not more than three of73-39
those drills may include instruction in the appropriate procedures to be73-40
followed in the event of a chemical explosion, related emergencies and73-41
other natural disasters.74-1
2. In all cities or towns which have regularly organized, paid fire74-2
departments or voluntary fire departments, the drills required by subsection74-3
1 must be conducted under the supervision of the:74-4
(a) Person designated for this purpose by the board of trustees of the74-5
school district , the community school board or the governing body of a74-6
charter school; and74-7
(b) Chief of the fire department of the city or town.74-8
3. A diagram of the approved escape route and any other information74-9
related to the drills which is approved by the chief of the fire department74-10
or, if there is no fire department, the state fire marshal must be kept posted74-11
in every classroom of every public school by the principal or teacher in74-12
charge thereof.74-13
4. The principal, teacher or other person in charge of each school74-14
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: 392.455 1. If a school district , a community school board or a74-18
charter school has established classes in occupational education, the74-19
teachers and pupils in those classes must wear devices provided by the74-20
school district , community school board or the charter school which are74-21
designed to protect their eyes while they are using power tools, torches or74-22
other dangerous equipment or machinery.74-23
2. The teachers and pupils in classes in science must wear devices74-24
provided by the school district or community school board which are74-25
designed to protect their eyes when chemicals or toxic substances are used74-26
in those classes.74-27
Sec. 125. NRS 392.458 is hereby amended to read as follows: 392.458 1. The board of trustees of a school district may, in74-29
consultation with the schools within the district, parents and legal74-30
guardians of pupils who are enrolled in the schools within the jurisdiction74-31
of the district, and associations and organizations representing licensed74-32
educational personnel within the district, establish a policy that requires74-33
pupils who are enrolled in schools within the jurisdiction of the district to74-34
wear school uniforms. A community school board may, in consultation74-35
with the schools within the jurisdiction of the community school board,74-36
parents and legal guardians of pupils who are enrolled in schools within74-37
the jurisdiction of the community school board and associations and74-38
organizations representing licensed educational personnel within the74-39
district, establish a policy that requires pupils who attend schools within74-40
its jurisdiction to wear school uniforms.74-41
2.74-42
(a) Describe the uniforms;74-43
(b) Designate which pupils must wear the uniforms; and75-1
(c) Designate the hours or events during which the uniforms must be75-2
worn.75-3
3. If the board of trustees of a school district or a community school75-4
board establishes a policy that requires pupils to wear school uniforms, the75-5
board of trustees or community school board, as applicable, shall75-6
facilitate the acquisition of school uniforms for pupils whose parents or75-7
legal guardians request financial assistance to purchase the uniforms.75-8
4. The board of trustees of a school district may establish a dress code75-9
enforceable during school hours for the teachers and other personnel75-10
employed by the board of trustees.75-11
Sec. 126. NRS 392.463 is hereby amended to read as follows: 392.463 1. Each board of trustees of a school district shall prescribe75-13
written rules of behavior required of and prohibited for pupils attending75-14
school within their district , excluding pupils attending school within the75-15
jurisdiction of a community school board, and shall prescribe appropriate75-16
punishments for violations of the rules. If suspension or expulsion is used75-17
as a punishment for a violation of the rules, the board of trustees of a75-18
school district shall follow the procedures in NRS 392.467.75-19
2. A community school board shall prescribe written rules of75-20
behavior required of and prohibited for pupils attending school within its75-21
jurisdiction and shall prescribe appropriate punishments for violations of75-22
the rules. If suspension or expulsion is used as a punishment for a75-23
violation of the rules, the community school board shall follow the75-24
procedures in NRS 392.467.75-25
3. A copy of the rules of behavior, prescribed punishments and75-26
procedures to be followed in imposing punishments must be distributed to75-27
each pupil at the beginning of the school year and to each new pupil who75-28
enters school during the year. Copies must also be made available for75-29
inspection at each school located in that district or within the jurisdiction75-30
of the community school board in an area on the grounds of the school75-31
which is open to the public.75-32
Sec. 127. NRS 392.4635 is hereby amended to read as follows: 392.4635 1. The board of trustees of each school district and each75-34
community school board may establish a policy that prohibits the activities75-35
of criminal gangs on school property. The policy may prohibit:75-36
(a) A pupil from wearing any clothing or carrying any symbol on75-37
school property that denotes membership in or an affiliation with a75-38
criminal gang; and75-39
(b) Any activity that encourages participation in a criminal gang or75-40
facilitates illegal acts of a criminal gang.75-41
2. Each policy that prohibits the activities of criminal gangs on school75-42
property may provide for the suspension or expulsion of pupils who violate75-43
the policy.76-1
3. As used in this section, "criminal gang" has the meaning ascribed to76-2
it in NRS 213.1263.76-3
Sec. 128. NRS 392.464 is hereby amended to read as follows: 392.464 1. The board of trustees of each school district and each76-5
community school board shall adopt and enforce measures for disciplining76-6
any pupil who is found in possession of an alcoholic beverage or a76-7
controlled substance, while on the premises of any public school76-8
76-9
2. As used in this section, "alcoholic beverage" has the meaning76-10
ascribed to it in NRS 202.015.76-11
Sec. 129. NRS 392.467 is hereby amended to read as follows: 392.467 1. Except as otherwise provided in subsections76-13
and 6, the board of trustees of a school district may authorize the76-14
suspension or expulsion of any pupil from any public school within the76-15
school district76-16
within the jurisdiction of a community school board.76-17
2. Except as otherwise provided in subsections 5 and 6, a community76-18
school board may authorize the suspension or expulsion of any pupil76-19
from any public school within its jurisdiction.76-20
3. Except as otherwise provided in subsection76-21
suspended or expelled until he has been given notice of the charges against76-22
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 or76-24
an ongoing threat of disrupting the academic process or who is selling or76-25
distributing any controlled substance or is found to be in possession of a76-26
dangerous weapon as provided in NRS 392.466 may be removed from the76-27
school immediately upon being given an explanation of the reasons for his76-28
removal, and pending proceedings, to be conducted as soon as practicable76-29
after removal, for his suspension or expulsion.76-30
76-31
hearing conducted pursuant to this section. Such hearings must be closed76-32
to the public.76-33
76-34
school board shall not authorize the expulsion, suspension or removal of76-35
any pupil from the public school system solely because the pupil is76-36
declared a truant or habitual truant in accordance with NRS 392.130 or76-37
392.140.76-38
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 of76-41
trustees of the school district for such matters, be:76-42
(a) Suspended from school pursuant to this section for not more than 1076-43
days.77-1
(b) Suspended from school for more than 10 days or permanently77-2
expelled from school pursuant to this section only after the board of77-3
trustees of the school district has reviewed the circumstances and77-4
determined that the action is in compliance with the Individuals with77-5
Disabilities Education Act ,77-6
Sec. 130. NRS 392.468 is hereby amended to read as follows: 392.468 1. The board of trustees of a77-8
designee, and a community school board, or its designee, shall inform77-9
each employee of the district, including teachers, other licensed77-10
employees, drivers of school buses, instructional aides and office77-11
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 cause77-13
serious bodily injury to any person. The district shall provide this77-14
information based upon any written records that the district maintains or77-15
which it receives from a law enforcement agency or a court. The district77-16
need not initiate a request for such information from any source.77-17
2. A school district ,77-18
the school district, a community school board and the members of the77-19
community school board are not liable for failure strictly to comply with77-20
this section if a good faith effort to comply is made.77-21
3. Any information received by an employee pursuant to this section is77-22
confidential and must not be further disseminated by the employee.77-23
Sec. 131. NRS 392.469 is hereby amended to read as follows: 392.469 1. The board of trustees of each school district77-25
community school board, in conjunction with the school police officers of77-26
the school district, if any, and the local law enforcement agencies that have77-27
jurisdiction over the school district, shall establish a policy for the77-28
procedures which must be followed by a peace officer in arresting a pupil77-29
on school grounds during school hours. The policy must include the77-30
circumstances under which the chief administrative officer of a school77-31
must be notified of the arrest of a pupil.77-32
2. Each law enforcement agency that has jurisdiction over any part of77-33
a school district shall adopt the policy which is established pursuant to77-34
subsection 1.77-35
Sec. 132. NRS 393.010 is hereby amended to read as follows: 393.010 1. The board of trustees of a school district shall:77-37
77-38
77-39
community school board within the school district.77-40
(b) Have the custody and safekeeping of the district schoolhouses, their77-41
sites and appurtenances77-42
and appurtenances within the jurisdiction of a community school board77-43
in the school district.78-1
2. A community school board shall:78-2
(a) Manage and control the school property in each high school78-3
attendance zone from which the community school board was formed.78-4
(b) Have the custody and safekeeping of the district schoolhouses and78-5
their sites and appurtenances in each high school attendance zone from78-6
which the community school board was formed.78-7
Sec. 133. NRS 393.080 is hereby amended to read as follows: 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, and78-11
dormitories and dining halls as provided in NRS 393.090.78-12
(b) Enter into lease agreements for school facilities with an option to78-13
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 purpose78-16
other than the teaching of kindergarten through 12th grade.78-17
(e) Supervise and inspect the work performed pursuant to a contract to78-18
which the provisions of NRS 393.110 apply.78-19
2. Any board of trustees of a school district which proposes to change78-20
the location of a school, close a school or change the use of a school78-21
building as provided in subsection 1 shall give 30 days’ written notice to78-22
78-23
(a) The principal and teachers of the affected school78-24
(b) The parents and legal guardians of the78-25
that school78-26
(c) If the school is located within the jurisdiction of a community78-27
school board, the community school board.78-28
In addition , the board of trustees shall publish a notice of the subject, time78-29
and place of the meeting at which the matter will be considered, in a78-30
newspaper of general circulation in the county at least 10 days before the78-31
meeting.78-32
Sec. 134. NRS 393.092 is hereby amended to read as follows: 393.092 1. The board of trustees of a school district in a county78-34
whose population is 100,000 or more shall establish an oversight panel for78-35
school facilities .78-36
school board, the board of trustees shall consult with the community78-37
school board in selecting the membership of the oversight panel. The78-38
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 by78-42
a majority vote of the board of county commissioners;79-1
(2) One member of the governing body of each incorporated city in79-2
the county, each of whom is appointed by a majority vote of the governing79-3
body of which he is a member; and79-4
(3) If the membership determined pursuant to subparagraphs (1) and79-5
(2) is less than six, one additional member of the board of county79-6
commissioners appointed by a majority vote of the board of county79-7
commissioners and, if applicable, additional members of the governing79-8
bodies of incorporated cities in the county, each of whom must be79-9
appointed by a majority vote of the governing body of which he is a79-10
member, until six members have been appointed. If the membership79-11
determined pursuant to this paragraph would result in an unequal number79-12
of representatives among the incorporated cities, the membership of the79-13
incorporated cities on the oversight panel must be rotated and the board of79-14
county commissioners shall draw lots to determine which city or cities will79-15
be first represented, which next, and so on.79-16
(b) Five members appointed by the board of trustees of the county79-17
school district to be determined as follows:79-18
(1) One member who has experience in structural or civil79-19
engineering;79-20
(2) One member who has experience in matters relating to the79-21
construction of public works projects;79-22
(3) One member who has experience in the financing or estimation of79-23
the cost of construction projects;79-24
(4) One member who is a representative of the gaming industry; and79-25
(5) One member who is a representative of the general public who79-26
has an interest in education.79-27
2. After the initial terms, the term of each member of the oversight79-28
panel is 2 years. Members of the oversight panel are eligible for79-29
reappointment.79-30
Sec. 135. NRS 393.097 is hereby amended to read as follows: 393.097 1. On or before July 1 of each even-numbered year, each79-32
oversight panel for school facilities established in a county whose79-33
population is 100,000 or more pursuant to NRS 393.092 and each board of79-34
trustees of a school district in a county whose population is less than79-35
100,000 shall submit to the director of the legislative counsel bureau for79-36
transmittal to the next regular session of the legislature written79-37
recommendations for financing the costs of new construction, design,79-38
maintenance and repair of school facilities. If a school district includes a79-39
community school board, the board of trustees of the school district shall79-40
consult with the community school board before submitting the79-41
recommendations required by this section.79-42
2. In a county whose population is 100,000 or more, the oversight79-43
panel for school facilities shall review and approve or disapprove a request80-1
by the board of trustees of the school district for the issuance of general80-2
obligation bonds pursuant to subsection 4 of NRS 350.020.81-1
Sec. 136. NRS 393.100 is hereby amended to read as follows: 393.100 The board of trustees of a school district and a community81-3
school board shall keep the public school buildings, teacherages,81-4
dormitories, dining halls, gymnasiums, stadiums and all other buildings in81-5
81-6
and health of pupils and teachers.81-7
Sec. 137. NRS 393.220 is hereby amended to read as follows: 393.220 1. When the board of trustees of a school district determines81-9
that the sale, rental or lease of real property belonging to the school district81-10
is necessary or for the best interests of the school district, the board shall81-11
have the power to sell, rent or lease such real property, whether acquired81-12
by purchase, dedication or otherwise.81-13
2. The provisions of subsection 1 shall not be construed to permit the81-14
sale, rental or lease of any real property in contravention of any condition81-15
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 property81-17
belonging to the school district which includes a community school81-18
board, the board of trustees shall transfer to the separate account in the81-19
county school district buildings and sites fund maintained by the county81-20
treasurer pursuant to NRS 387.177 on behalf of the community school81-21
board or the separate account maintained by the board of trustees81-22
pursuant to NRS 387.177 on behalf of the community school board, a81-23
proportionate amount of the proceeds from the sale based upon the81-24
assessed valuation of real property within the jurisdiction of the81-25
community school board.81-26
Sec. 138. NRS 395.030 is hereby amended to read as follows: 395.030 1. An adult person with a disability who is eligible to81-28
receive benefits pursuant to this chapter or a parent, guardian or other81-29
person having the care, custody or control of a person with a disability who81-30
is eligible may file an application for those benefits with the board of81-31
trustees of the school district in which the person with a disability is a81-32
resident81-33
attendance zone that comprises a community school board.81-34
2. If the board of trustees of the school district is satisfied that the81-35
school district is unable to provide an appropriate special education81-36
program and related services for the particular disability and grade or level81-37
of education of the person with a disability, the board of trustees shall81-38
certify that fact and transmit the application to the superintendent of public81-39
instruction.82-1
Sec. 139. NRS 41.0307 is hereby amended to read as follows: 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 the82-5
state which is created by law.82-6
2. "Employment" includes any services performed by an immune82-7
contractor.82-8
3. "Immune contractor" means any natural person, professional82-9
corporation or professional association which:82-10
(a) Is an independent contractor with the state pursuant to NRS82-11
284.173; and82-12
(b) Contracts to provide medical services for the department of82-14
As used in this subsection, "professional corporation" and "professional82-15
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, without82-18
limitation, a community school board, commission or similar body of the82-19
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 public82-21
defender or an attorney appointed to defend a person for a limited duration82-22
with limited jurisdiction.82-23
(c) A district attorney and any deputy or assistant district attorney or an82-24
attorney appointed to prosecute a person for a limited duration with limited82-25
jurisdiction.82-26
Sec. 140. NRS 252.110 is hereby amended to read as follows: 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 all82-31
actions for the recovery of debts, fines, penalties and forfeitures accruing82-32
to his county.82-33
4. Except with respect to matters for which the board of trustees of the82-34
school district or a community school board within the school district has82-35
employed private counsel, draw all legal papers, give his written opinion82-36
when required on matters relating to the duties of the board of trustees and82-37
the community school board and transact the legal business of the school82-38
district whose boundaries are conterminous with the boundaries of his82-39
county, and perform such other legal duties as may be required of him by82-40
the board of trustees82-41
5. Bring all actions on behalf of the county for abatement of nuisances82-42
pursuant to order of the board of county commissioners or, in the82-43
discretion of the district attorney, pursuant to an ordinance of the county as83-1
provided by subsection 6 of NRS 244.360,83-2
actions for injunction, as well as for recovery of compensatory and83-3
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: 278.185 When the board of trustees of a school district or a83-7
community school board develops a plan for the future construction of one83-8
or more schools, it shall notify each city, county or regional planning83-9
commission any part of whose territory will be served by a proposed83-10
school. The notice must include the grades to be taught, the number of83-11
pupils to be accommodated, and the area to be served. The board of83-12
trustees of the school district or community school board shall notify each83-13
commission of any change in or abandonment of its plan.83-14
Sec. 142. NRS 281.210 is hereby amended to read as follows: 281.210 1. Except as otherwise provided in this section, it is83-16
unlawful for any person acting as a school trustee, member of a83-17
community school board, state, township, municipal or county officer, or83-18
as an employing authority of the University and Community College83-19
System of Nevada, any school district or of the state, any town, city or83-20
county, or for any state or local board, agency or commission, elected or83-21
appointed, to employ in any capacity on behalf of the State of Nevada, or83-22
any county, township, municipality or school district thereof, or the83-23
University and Community College System of Nevada, any relative of83-24
such a person or of any member of such a board, agency or commission83-25
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 not83-28
related to more than one of the trustees , member of a community school83-29
board or person who is an employing authority by consanguinity or83-30
affinity and receives a unanimous vote of all members of the board of83-31
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 has83-34
been employed by an abolished school district or educational district,83-35
which constitutes a part of the employing county school district, and the83-36
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 facility83-38
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 of83-41
services to the blind and visually impaired of the rehabilitation division of83-42
the department of employment, training and rehabilitation when those84-1
relatives are employed as automobile drivers for those officers and84-2
employees.84-3
3. Nothing in this section:84-4
(a) Prevents any officer in this state, employed under a flat salary, from84-5
employing any suitable person to assist in any such employment, when the84-6
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 any84-8
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 must84-11
not be compensated for the employment.84-12
5. Any person violating any provisions of this section is guilty of a84-13
gross misdemeanor.84-14
Sec. 143. NRS 288.150 is hereby amended to read as follows: 288.150 1. Except as otherwise provided in subsection 4, every local84-16
government employer shall negotiate in good faith through one or more84-17
representatives of its own choosing concerning the mandatory subjects of84-18
bargaining set forth in subsection 2 with the designated representatives of84-19
the recognized employee organization, if any, for each appropriate84-20
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 monetary84-24
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 or84-31
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 discrimination84-38
because of participation in recognized employee organizations consistent84-39
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 disputes84-42
relating to interpretation or application of collective bargaining84-43
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 mandatory85-9
bargaining and which are reserved to the local government employer85-10
without negotiation include:85-11
(a) Except as otherwise provided in paragraph (u) of subsection 2, the85-12
right to hire, direct, assign or transfer an employee, but excluding the right85-13
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 lack85-15
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 , work85-20
load factors, except for safety considerations;85-21
(3) The quality and quantity of services to be offered to the public;85-22
and85-23
(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 bargaining85-26
agreement negotiated pursuant to this chapter, a local government85-27
employer is entitled to take whatever actions may be necessary to carry out85-28
its responsibilities in situations of emergency such as a riot, military action,85-29
natural disaster or civil disorder. Those actions may include the suspension85-30
of any collective bargaining agreement for the duration of the emergency.85-31
Any action taken under the provisions of this subsection must not be85-32
construed as a failure to negotiate in good faith.85-33
5. The provisions of this chapter, including , without limitation , the85-34
provisions of this section, recognize and declare the ultimate right and85-35
responsibility of the local government employer to manage its operation in85-36
the most efficient manner consistent with the best interests of all its85-37
citizens, its taxpayers and its employees.85-38
6. This section does not preclude, but this chapter does not require the85-39
local government employer to negotiate subject matters enumerated in85-40
subsection 3 which are outside the scope of mandatory bargaining. The85-41
local government employer shall discuss subject matters outside the scope85-42
of mandatory bargaining but it is not required to negotiate those matters.86-1
7. A collective bargaining agreement between the board of trustees of86-2
a school district in which a community school board is located and any86-3
administrators of that school district who are employed in public schools86-4
within the jurisdiction of the community school board must set forth and86-5
otherwise recognize the authority prescribed by statute of the community86-6
school board to make decisions concerning the employment of those86-7
administrators within the terms of the collective bargaining agreement.86-8
8. Contract provisions presently existing in signed and ratified86-9
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: 288.217 1. The provisions of this section govern negotiations86-12
between school districts and employee organizations representing teachers86-13
and educational support personnel.86-14
2. If the parties to a negotiation pursuant to this section have failed to86-15
reach an agreement after at least four sessions of negotiation, either party86-16
may declare the negotiations to be at an impasse and, after 5 days’ written86-17
notice is given to the other party, submit the issues remaining in dispute to86-18
an arbitrator. The arbitrator must be selected in the manner provided in86-19
subsection 2 of NRS 288.200 and has the powers provided for factfinders86-20
in NRS 288.210.86-21
3. The arbitrator shall, within 30 days after he is selected, and after 786-22
days’ written notice is given to the parties, hold a hearing to receive86-23
information concerning the dispute. The hearing must be held in the county86-24
in which the school district is located and the arbitrator shall arrange for a86-25
full and complete record of the hearing.86-26
4. The parties to the dispute shall each pay one-half of the costs of the86-27
arbitration.86-28
5. A determination of the financial ability of a school district must be86-29
based on all existing available revenues , including, without limitation,86-30
existing available revenues maintained in a separate account on behalf86-31
of a community school board pursuant to section 37 of this act, as86-32
established by the school district and within the limitations set forth in86-33
NRS 354.6241, with due regard for the obligation of the school district to86-34
provide an education to the children residing within the district.86-35
6. At the recommendation of the arbitrator, the parties may, before the86-36
submission of a final offer, enter into negotiations. If the negotiations are86-37
begun, the arbitrator may adjourn the hearing for a period of 3 weeks. If an86-38
agreement is reached, it must be submitted to the arbitrator, who shall86-39
certify it as final and binding.86-40
7. If the parties do not enter into negotiations or do not agree within 3086-41
days after the hearing held pursuant to subsection 3, each of the parties86-42
shall submit a single written statement containing its final offer for each of86-43
the unresolved issues.87-1
8. The arbitrator shall, within 10 days after the final offers are87-2
submitted, render his decision on the basis of the criteria set forth in NRS87-3
288.200. The arbitrator shall accept one of the written statements and shall87-4
report his decision to the parties. The decision of the arbitrator is final and87-5
binding on the parties. Any award of the arbitrator is retroactive to the87-6
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 his87-9
award; and87-10
(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 a87-13
school district, other than teachers, who are represented by an employee87-14
organization.87-15
(b) "Teacher" means an employee of a school district who is licensed to87-16
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: 289.190 1. A person employed or appointed to serve as a school87-19
police officer pursuant to subsection87-20
of a peace officer.87-21
2. A person appointed pursuant to NRS 393.0718 by the board of87-22
trustees of any school district has the powers of a peace officer to carry out87-23
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 of87-25
each community school board, superintendents of schools, principals and87-26
teachers have concurrent power with peace officers for the protection of87-27
children in school and on the way to and from school, and for the87-28
enforcement of order and discipline among such children, including87-29
children who attend school within one school district but reside in an87-30
adjoining school district or adjoining state, pursuant to the provisions of87-31
chapter 392 of NRS. This subsection must not be construed so as to make87-32
it the duty of superintendents of schools, principals and teachers to87-33
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 page87-35
2469, is hereby amended to read as follows: Sec. 26. Section 8 of this act is hereby amended to read as87-37
follows:87-38
Sec. 8.87-39
each oversight panel for school facilities established in a county87-40
whose population is 100,000 or more pursuant to section 6 of this87-41
act and each board of trustees of a school district in a county whose87-42
population is less than 100,000 shall submit to the director of the87-43
legislative counsel bureau for transmittal to the next regular session88-1
of the legislature written recommendations for financing the costs88-2
of new construction, design, maintenance and repair of school88-3
facilities. If a school district includes a community school board,88-4
the board of trustees of the school district shall consult with the88-5
community school board before submitting the recommendations88-6
required by this section.88-7
88-8
88-9
88-10
88-11
88-12
Sec. 147. The legislative counsel shall:88-13
1. In preparing the reprint and supplement to the Nevada Revised88-14
Statutes, with respect to any section which is not amended by this act or is88-15
further amended by another act, appropriately correct any incorrect88-16
reference regarding the formation and jurisdiction of community school88-17
boards.88-18
2. In preparing supplements to the Nevada Administrative Code,88-19
appropriately correct any incorrect reference regarding the formation and88-20
jurisdiction of community school boards.88-21
Sec. 148. The amendatory provisions of this act do not apply to88-22
offenses that were committed before July 1, 1999.88-23
Sec. 149. 1. This section and sections 1 to 100, inclusive, 102 to88-24
134, inclusive, and 136 to 148, inclusive, of this act become effective on88-25
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.~