EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Title 34 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the

1-5 context otherwise requires, the words and terms defined in sections 3 to

1-6 7, inclusive, of this act have the meanings ascribed to them in those

1-7 sections.

1-8 Sec. 3. "Family of low income" means a family with a monthly

1-9 household income that is 150 percent or less of the federally designated

1-10 level signifying poverty.

1-11 Sec. 4. "Private school" has the meaning ascribed to it in NRS

1-12 394.103.

2-1 Sec. 5. "Program" means the program of voucher schools

2-2 established pursuant to section 8 of this act.

2-3 Sec. 6. "Voucher" means a document that may be exchanged by a

2-4 voucher school with the department for money for the educational

2-5 expenses of a pupil who participates in the program and attends the

2-6 voucher school.

2-7 Sec. 7. "Voucher school" means a private school that is certified

2-8 pursuant to section 10 of this act.

2-9 Sec. 8. There is hereby established the program of voucher schools,

2-10 to be administered by the department. The department shall:

2-11 1. Adopt regulations:

2-12 (a) Prescribing the process for submission of an application by a

2-13 private school to become certified as a voucher school and the contents

2-14 of the application;

2-15 (b) Prescribing the process for submission of an application by a

2-16 parent or legal guardian of a child to participate in the program; and

2-17 (c) As are necessary to carry out the provisions of sections 2 to 16,

2-18 inclusive, of this act.

2-19 2. Provide information to the general public concerning the

2-20 program.

2-21 3. Maintain a list available for public inspection that identifies which

2-22 private schools are certified as voucher schools pursuant to section 10 of

2-23 this act.

2-24 Sec. 9. 1. A private school may submit to the department an

2-25 application to become certified as a voucher school if the private school:

2-26 (a) Is licensed pursuant to chapter 394 of NRS; and

2-27 (b) Has an admissions policy that does not discriminate on the basis of

2-28 a single race or ethnicity.

2-29 2. Such an application must include:

2-30 (a) Proof that the private school is licensed pursuant to chapter 394 of

2-31 NRS;

2-32 (b) A written statement that the private school does not discriminate

2-33 on the basis of a single race or ethnicity;

2-34 (c) A written statement that the private school will not charge tuition

2-35 or fees to children from families of low income who participate in the

2-36 program; and

2-37 (d) The number of children from the program that the private school

2-38 is able to accommodate.

2-39 Sec. 10. 1. Upon receipt of an application from a private school,

2-40 the department shall review the application to determine whether it is

2-41 complete. The department shall approve an application if it is complete.

2-42 The department shall provide written notice to the applicant of its

2-43 approval or denial of the application.

3-1 2. If an application is approved by the department, the department

3-2 and the private school shall enter into a written agreement which certifies

3-3 that the private school is a voucher school.

3-4 3. The certification of a voucher school pursuant to this section

3-5 remains valid indefinitely unless:

3-6 (a) The department revokes the certification pursuant to section 11 of

3-7 this act; or

3-8 (b) The voucher school requests the department to revoke the

3-9 certification.

3-10 4. If a voucher school requests that the department revoke the

3-11 certification of the voucher school during a school year, the voucher

3-12 school shall continue to provide an education to pupils who participate in

3-13 the program and are enrolled in the voucher school for the remainder of

3-14 the school year. Upon completion of the school year, the department

3-15 shall revoke the certification of the voucher school.

3-16 Sec. 11. 1. The department shall revoke the certification of a

3-17 voucher school if the:

3-18 (a) Voucher school fails to comply with the provisions of sections 2 to

3-19 16, inclusive, of this act.

3-20 (b) License of the voucher school is revoked pursuant to chapter 394

3-21 of NRS.

3-22 2. The department shall not interfere with the operation or

3-23 management of a voucher school except as authorized by sections 2 to

3-24 16, inclusive, of this act.

3-25 Sec. 12. 1. A voucher school shall:

3-26 (a) Comply with all laws and regulations relating to discrimination

3-27 and civil rights;

3-28 (b) Accept a voucher from a child from a family of low income as full

3-29 payment for the costs of providing an education to the child; and

3-30 (c) Comply with the provisions of sections 2 to 16, inclusive, of this

3-31 act.

3-32 2. A voucher school shall not charge tuition or fees to children from

3-33 families of low income who participate in the program and attend the

3-34 voucher school.

3-35 3. For all legal intents and purposes, a voucher school is not a public

3-36 employer.

3-37 Sec. 13. 1. The parent or legal guardian of a child may submit an

3-38 application to the department to participate in the program if, in the

3-39 immediately succeeding school year, the child:

3-40 (a) Was enrolled in a public school in this state;

3-41 (b) Was enrolled in a voucher school as a participant in the program;

3-42 or

3-43 (c) Was not enrolled in a school.

4-1 2. The department shall categorize the applications that it receives by

4-2 school district. For each school district, the department shall approve the

4-3 applications of not more than 10 percent of the children who reside

4-4 within each school district. If more eligible children apply for

4-5 participation in the program than the number of applications that may be

4-6 approved for a particular school district, the department shall select

4-7 applications at random by lottery for approval.

4-8 3. Upon approval of an application, the department shall provide a

4-9 written statement of approval to the parent or legal guardian of the child

4-10 indicating the date of approval.

4-11 4. A written statement of approval is valid for 1 school year. If a

4-12 parent or legal guardian desires that his child continue to participate in

4-13 the program, the parent or legal guardian must reapply for participation

4-14 in the program each year.

4-15 5. A parent or legal guardian may withdraw his child from

4-16 participation in the program at any time upon written notice to the

4-17 department.

4-18 Sec. 14. 1. Upon receipt of a written statement of approval

4-19 pursuant to section 13 of this act, the parent or legal guardian of a child

4-20 may apply for enrollment in a voucher school which is located within the

4-21 school district that the child would otherwise attend. Such an application

4-22 must be accompanied by a copy of the written statement of approval.

4-23 2. If more children who participate in the program apply for

4-24 enrollment in a voucher school than the number of spaces which are

4-25 available, the voucher school shall:

4-26 (a) Determine which applicants to enroll at random by lottery; and

4-27 (b) Provide the department with written evidence that the school

4-28 complied with the provisions of this subsection.

4-29 If the department determines that the voucher school did not comply with

4-30 the lottery system required by this subsection, the department may

4-31 withdraw the certification of the voucher school.

4-32 3. If a parent or legal guardian of a child who participates in the

4-33 program desires to continue his child’s education in a voucher school,

4-34 the parent or legal guardian shall submit an application for enrollment

4-35 in a voucher school for each school year.

4-36 Sec. 15. Upon the written request of a parent or legal guardian of a

4-37 pupil who is enrolled in a voucher school, the school shall not require the

4-38 pupil to participate in any religious activity.

4-39 Sec. 16. 1. Pupils who participate in the program and are enrolled

4-40 in a voucher school, including, without limitation, pupils who are

4-41 enrolled in programs of special education in a voucher school, must be

4-42 included in the count of pupils in the school district for the purposes of

5-1 apportionments and allowances from the state distributive school account

5-2 pursuant to NRS 387.121 to 387.126, inclusive.

5-3 2. A voucher school shall submit to the department a list of names of

5-4 the pupils that participate in the program and are accepted for

5-5 enrollment in the voucher school. Upon receipt of such a list, the

5-6 department shall verify that each pupil identified on the list has been

5-7 approved for participation in the program and resides within the school

5-8 district in which the voucher school is located. After the department

5-9 verifies the list of names, the department shall issue a voucher to each

5-10 parent or legal guardian of a pupil who is approved for participation in

5-11 the program and accepted for enrollment in a voucher school. The

5-12 parent or legal guardian shall restrictively endorse the voucher for use by

5-13 the voucher school that his child will attend and submit the voucher to

5-14 the voucher school.

5-15 3. A voucher school may submit all vouchers that it receives which

5-16 are endorsed to the department for payment. A parent or legal guardian

5-17 of a pupil may not submit a voucher directly to the department for

5-18 payment. Upon receipt of all vouchers from a voucher school, the

5-19 department shall pay to the voucher school for each child who

5-20 participates in the program and is enrolled in the voucher school, an

5-21 amount equal to:

5-22 (a) The per pupil amount of financial aid distributed to the school

5-23 district in which the voucher school is located from the state distributive

5-24 school account; or

5-25 (b) The annual tuition charged by the voucher school,

5-26 whichever is less. The department may pay the total amount due to a

5-27 voucher school pursuant to this subsection in quarterly payments.

5-28 Sec. 17. Chapter 387 of NRS is hereby amended by adding thereto a

5-31 it in section 7 of this act.

5-32 Sec. 18. NRS 387.040 is hereby amended to read as follows:

5-33 387.040 1. Except as otherwise provided in subsection 2 and NRS

5-43 pursuant to the provisions of NRS 354.603, the state treasurer shall pay

6-1 over to the school district all money for the system of public [school

6-2 money] education due the school district.

6-3 3. The state treasurer shall pay over all money for the system of public

6-4 [school money] education received by him for the support of charter

6-5 schools only on warrants of the state controller issued upon the orders of

6-6 the superintendent of public instruction in favor of the charter schools.

6-7 When endorsed, the orders are valid vouchers in the hands of the state

6-8 controller for the disbursement of money for the system of public [school

6-9 money.] education.

6-10 Sec. 19. NRS 387.045 is hereby amended to read as follows:

6-11 387.045 1. [No] Except as otherwise provided in section 16 of this

6-17 direct use or benefit of any sectarian or secular society or association.

6-18 Sec. 20. NRS 387.121 is hereby amended to read as follows:

6-19 387.121 The legislature declares that the proper objective of state

6-34 This formula is designated the Nevada plan.

6-35 Sec. 21. NRS 387.1211 is hereby amended to read as follows:

6-36 387.1211 As used in NRS 387.121 to 387.126, inclusive:

6-42 school district ;

7-1 (b) Participate in the program of voucher schools pursuant to sections

7-2 2 to 16, inclusive, of this act and are enrolled in and scheduled to attend

7-3 programs of instruction in a voucher school; or

7-4 (c) Are enrolled in and scheduled to attend a charter school ,

7-5 at a specified time during the school year.

7-6 3. "Special education program unit" means an organized instructional

7-7 unit which includes full-time services of persons licensed by the

7-8 superintendent of public instruction providing a program of instruction in

7-9 accordance with minimum standards prescribed by the state board.

7-10 Sec. 22. NRS 387.1233 is hereby amended to read as follows:

7-11 387.1233 1. Except as otherwise provided in subsection 2, basic

7-43 (c) Adding the amounts computed in paragraphs (a) and (b).

8-1 2. If the enrollment of pupils on the last day of the first school month

8-2 of the school year in a school district , including, without limitation,

8-3 pupils who participate in the program of voucher schools pursuant to

8-4 sections 2 to 16, inclusive, of this act and are enrolled in a voucher

8-5 school, or a charter school , is less than the enrollment of pupils in the

8-6 same school district or charter school on the last day of the first school

8-7 month for the immediately preceding school year, the larger number must

8-8 be used for purposes of apportioning money from the state distributive

8-9 school account to that school district or charter school pursuant to NRS

8-10 387.124.

8-11 3. Pupils who are excused from attendance at examinations or have

8-12 completed their work in accordance with the rules of the board of trustees

8-13 must be credited with attendance during that period.

8-14 4. Pupils who are incarcerated in a facility or institution operated by

8-15 the department of prisons must not be counted for the purpose of

8-16 computing basic support pursuant to this section. The average daily

8-17 attendance for such pupils must be reported to the department of education.

8-18 5. Part-time pupils who are enrolled in courses which are approved by

8-19 the department as meeting the requirements for an adult to earn a high

8-20 school diploma must not be counted for the purpose of computing basic

8-21 support pursuant to this section. The average daily attendance for such

8-22 pupils must be reported to the department.

8-23 Sec. 23. NRS 387.124 is hereby amended to read as follows:

8-24 387.124 Except as otherwise provided in NRS 387.528:

8-43 NRS 387.1235 and all other funds available for public schools in the

9-1 county in which the pupil resides. If the apportionment per pupil to a

9-2 charter school is more than the amount to be apportioned to the school

9-3 district in which a pupil who is enrolled in the charter school resides, the

9-4 school district in which the pupil resides shall pay the difference directly to

9-5 the charter school.

9-6 [2.] 4. If the state controller finds that such an action is needed to

9-7 maintain the balance in the state general fund at a level sufficient to pay

9-8 the other appropriations from it, he may pay out the apportionments

9-9 monthly, each approximately one-twelfth of the yearly apportionment less

9-10 any amount set aside as a reserve. If such action is needed, the state

9-11 controller shall submit a report to the department of administration and the

9-12 fiscal analysis division of the legislative counsel bureau documenting

9-13 reasons for the action.

9-14 Sec. 24. NRS 387.185 is hereby amended to read as follows:

9-15 387.185 1. Except as otherwise provided in subsection 2 and NRS

9-39 superintendent of public instruction as provided in NRS 387.124.

9-40 Sec. 25. NRS 387.195 is hereby amended to read as follows:

9-41 387.195 1. Each board of county commissioners shall levy a tax of

9-42 75 cents on each $100 of assessed valuation of taxable property within the

10-1 county for the support of the system of public [schools] education within

10-2 the county school district.

10-3 2. In addition to any tax levied in accordance with subsection 1, each

10-4 board of county commissioners shall levy a tax for the payment of interest

10-5 and redemption of outstanding bonds of the county school district.

10-6 3. The tax collected pursuant to subsection 1 and any interest earned

10-7 from the investment of the proceeds of that tax must be credited to the

10-8 county’s school district fund.

10-9 4. The tax collected pursuant to subsection 2 and any interest earned

10-10 from the investment of the proceeds of that tax must be credited to the

10-11 county school district’s debt service fund.

10-12 Sec. 26. NRS 387.210 is hereby amended to read as follows:

10-13 387.210 Except when the board of trustees of a county school district

10-26 orders.

10-27 Sec. 27. NRS 387.225 is hereby amended to read as follows:

10-28 387.225 No tax collector or county treasurer shall receive any fees or

10-31 education.

10-32 Sec. 28. NRS 394.130 is hereby amended to read as follows:

10-33 394.130 1. In order to secure uniform and standard work for pupils

10-43 3. [Nothing in this section shall be so construed as:

11-1 (a) To interfere] This section is not intended to:

11-2 (a) Interfere with the right of the proper authorities having charge of

11-3 private schools to give religious instruction to the pupils enrolled therein.

11-4 (b) [To] Except as otherwise provided in section 16 of this act, give

11-5 such private schools any right to share in the [public school funds] money

11-6 apportioned for the support of the system of public [schools] education of

11-7 this state.

11-8 Sec. 29. NRS 41.0305 is hereby amended to read as follows:

11-9 41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term

11-19 operating pursuant to sections 2 to 16, inclusive, of this act.

11-20 Sec. 30. NRS 241.015 is hereby amended to read as follows:

11-21 241.015 As used in this chapter, unless the context otherwise requires:

11-43 (a) The legislature of the State of Nevada.

12-1 (b) A voucher school that is operating pursuant to sections 2 to 16,

12-2 inclusive, of this act.

12-3 4. "Quorum" means a simple majority of the constituent membership

12-4 of a public body or another proportion established by law.

12-5 Sec. 31. NRS 286.070 is hereby amended to read as follows:

12-6 286.070 1. "Public employer" means the state, one of its agencies or

12-18 deposit money with the state treasurer.

12-19 Sec. 32. This act becomes effective on July 1, 1999.