Senate Amendment to Assembly Bill No. 313 First Reprint (BDR 34-1331)
Proposed by: Committee on Human Resources and Facilities
Amendment Box: Replaces Amendment No. 931. Resolves conflict in section 8 with A.B. No. 552. Makes substantive changes.
Resolves Conflicts with: AB552
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 13 and inserting new sections designated sections 1 through 13, following the enacting clause, to read as follows:
"Section 1. NRS 386.550 is hereby amended to read as follows:
386.550 A charter school shall:
1. Comply with all laws and regulations relating to discrimination and civil rights.
2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
5. Comply with the provisions of chapter 241 of NRS.
6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.
8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.
9. Provide
instruction in the core academic subjects set forth in subsection 1 of section 6 of this act, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to receive that instruction and take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.
11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.
Sec. 2. NRS 386.585 is hereby amended to read as follows:
386.585 1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or who is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which must be conducted as soon as practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a charter school and participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the governing body of the charter school for such matters, be:
(a) Suspended from the charter school pursuant to this section for not more than 10 days.
(b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the
(1) Pupil’s individualized education program team has conducted a review in accordance with 20 U.S.C.
§ 1415(k) and determined that the behavior of the pupil is not a manifestation of his disability. In conducting the review, the individualized education program team shall not presume that the behavior of the pupil is a manifestation of his disability.(2) Governing
body has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act ,5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules adopted by the governing body pursuant to subsection 1.
7. As used in this section, "individualized education program team" has the meaning ascribed to it in 20 U.S.C.
§ 1414(d)(1)(B).Sec. 3. NRS 388.380 is hereby amended to read as follows:
(a) Establish and maintain occupational schools or classes giving instruction in the subjects approved by the state board for occupational education.
(b) Raise and expend money for the establishment and maintenance of occupational schools or classes.
2. The board of trustees of each school district shall incorporate into the curriculum:
(a) Occupational guidance and counseling
(b) Technology
.in accordance with the courses of study adopted by the state board pursuant to NRS 389.170 and 389.180.]
Sec. 4. NRS 388.450 is hereby amended to read as follows:
1. The legislature declares that the basic support guarantee for each special education program unit established by law for each school year establishes financial resources sufficient to ensure a reasonably equal educational opportunity to pupils with disabilities and gifted and talented pupils residing in Nevada.2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the board of trustees of each school district shall make such special provisions as may be necessary for the education of pupils with disabilities and gifted and talented pupils.
3. The board of trustees of a school district shall establish uniform criteria governing eligibility for instruction under the special education programs provided for by NRS 388.440 to 388.520, inclusive.
The criteria must prohibit the placement of a pupil in a program for pupils with disabilities solely because the pupil is a disciplinary problem in school. The criteria are subject to such standards as may be prescribed by the state board .Sec. 5. NRS 388.470 is hereby amended to read as follows:
388.470 1. Before any child is placed in a special program
for pupils with disabilities or gifted and talented pupils:(a) A consultation must be held with his parents or guardian.
(b) An examination must be conducted for the purpose of finding the extent to which the child deviates from normal growth and development patterns. The examination must be conducted in accordance with standards prescribed by the state board
.2. A psychiatrist may be consulted in any specific case when the board of trustees of a school district deems it necessary.
3. The board of trustees of a school district or the governing body of a charter school shall not place a child or authorize the placement of a child in a program for pupils with disabilities solely because the child is a disciplinary problem in school.
Sec. 6. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente youth center and the Nevada youth training center:
(a) English, including reading, composition and writing;
(b) Mathematics;
(c) Science; and
(d) Social studies, which includes only the subjects of history, geography, economics and government.
2. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente youth center and the Nevada youth training center:
(a) The arts;
(b) Computer education and technology;
(c) Health; and
(d) Physical education.
If the state board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.3. The state board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:
(a) The academic subjects set forth in subsections 1 and 2.
(b) Citizenship and physical training for pupils enrolled in high school.
(c) Physiology, hygiene and cardiopulmonary resuscitation.
(d) The prevention of suicide.
(e) Instruction relating to child abuse.
(f) The economics of the American system of free enterprise.
(g) American Sign Language.
(h) Environmental education.
(i) Adult roles and responsibilities.
A course of study established for paragraph (a) may include one or more of the subjects listed in paragraphs (b) to (i), inclusive.Sec. 7.
NRS 389.010 is hereby amended to read as follows:Sec. 8. NRS 389.020 is hereby amended to read as follows:
389.020 1. In all public schools, the Caliente youth center and the Nevada youth training center, instruction must be given in American government, including , but not limited to , the [essentials of the] :
(a) Essentials of:
(1) The Constitution of the United States, [the constitution] including, without limitation, the Bill of Rights;
(2) The Constitution of the State of Nevada [, the origin] ;
(3) The Declaration of Independence;
(4) The Federalist Papers;
(5) Abraham Lincoln’s Gettysburg Address;
(6) The Emancipation Proclamation; and
(7) George Washington’s Farewell Address;
(b) Origin and history of the constitutions [and the study] ; and
(c) Study of and devotion to American institutions and ideals.
2. The instruction required [in] by subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.
Sec. 9. NRS 392.466 is hereby amended to read as follows:
(a) Be permanently expelled from that school; and
(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must:
(a) Be permanently expelled from the school; and
(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
3. Except as otherwise provided in this section, any pupil who is a habitual disciplinary problem as set forth in NRS 392.4655 must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the [board] :
(1) Pupil’s individualized education program team has conducted a review in accordance with 20 U.S.C. § 1415(k) and determined that the behavior of the pupil is not a manifestation of his disability. In conducting the review, the individualized education program team shall not presume that the behavior of the pupil is a manifestation of his disability.
(2) Board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]
7. As used in this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July 1, 1995.
(d) "Individualized education program team" has the meaning ascribed to it in 20 U.S.C.
§ 1414(d)(1)(B).Sec. 10. NRS 392.467 is hereby amended to read as follows:
2. Except as otherwise provided in subsection 5, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.
4. The board of trustees of a school district shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
5. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the
(1) Pupil’s individualized education program team has conducted a review in accordance with 20 U.S.C. § 1415(k) and determined that the behavior of the pupil is not a manifestation of his disability. In conducting the review, the individualized education program team shall not presume that the behavior of the pupil is a manifestation of his disability.
(2) Board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]
6. As used in this section, "individualized education program team" has the meaning ascribed to it in 20 U.S.C.
§ 1414(d)(1)(B).Sec. 11. 1. The subjects taught in public schools pursuant to subsections 1 and 2 of section 6 of this act must be in accordance with the standards of content and performance established for grade levels by the council to establish academic standards for public schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997, at page 1780.
2. The courses of study
established by the state board of education pursuant to paragraph (a) of subsection 3 of section 6 of this act must comply with and carry out the standards of content and performance that are submitted to the state board of education by the council to establish academic standards for public schools pursuant to section 45 of chapter 473, Statutes of Nevada 1997, at page 1780.Sec. 12. NRS 389.050, 389.060, 389.063, 389.075, 389.080, 389.083, 389.085, 389.110, 389.120, 389.130, 389.140, 389.170 and 389.190 are hereby repealed.
Sec. 13. This act becomes effective on July 1, 1999.".
Amend the bill as a whole by adding the leadlines of repealed sections, following sec. 12, to read as follows:
"
LEADLINES OF REPEALED SECTIONS
389.050 Instruction in high school in citizenship and physical training; employment of teachers of physical training.
389.060 Instruction in physiology, hygiene and cardiopulmonary resuscitation.
389.063 Instruction on prevention of suicide.
389.075 Instruction relating to child abuse.
389.080 Instruction in economics of American system of free enterprise.
389.083 American Sign Language: Approval of course work; credit as foreign language.
389.120 Environmental education: Counseling programs.
389.130 Environmental education: Programs for outdoor education and camping.
389.140 Environmental education: Duties of superintendent of public instruction.
389.170 Course of study: Technology.
389.190 Course of study: Adult roles and responsibilities.".
Amend the title of the bill by deleting the third through sixth lines and inserting:
Amend the summary of the bill by deleting the first line and inserting:
"SUMMARY—Revises provisions governing education.".