Senate Amendment to Senate Bill No. 213 (BDR 34-37)
Proposed by: Committee on Human Resources and Facilities
Amendment Box:
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 section 1, page 2, between lines 9 and 10, by inserting:
"
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees so revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.".Amend the bill as a whole by renumbering sections 2 through 6 as sections 6 through 10 and adding new sections designated sections 2 through 5, following section 1, to read as follows:
"Sec. 2. NRS 387.123 is hereby amended to read as follows:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e)
Pupils who are enrolled in classes pursuant to subsection 3 of NRS 386.560.(f) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.
(g)
Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma2. The state board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.
Sec. 3. NRS 387.1233 is hereby amended to read as follows:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(6) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 3 of NRS 386.560 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the enrollment of pupils on the last day of the first school month of the school year in a school district or a charter school is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 4. NRS 387.1243 is hereby amended to read as follows:
2. The apportionments to a school district may be adjusted during a fiscal year by the department of education, upon approval by the board of examiners and the interim finance committee, if the department of taxation and the county assessor in the county in which the school district is located certify to the department of education that the school district will not receive the tax levied pursuant to subsection 1 of NRS 387.195 on property of the Federal Government located within the county if:
(a) The leasehold interest, possessory interest, beneficial interest or beneficial use of the property is subject to taxation pursuant to NRS 361.157 and 361.159 and one or more lessees or users of the property are delinquent in paying the tax; and
(b) The total amount of tax owed but not paid for the fiscal year by any such lessees and users is at least 5 percent of the proceeds that the school district would have received from the tax levied pursuant to subsection 1 of NRS 387.195.
If a lessee or user pays the tax owed after the school district’s apportionment has been increased in accordance with the provisions of this subsection to compensate for the tax owed, the school district shall repay to the distributive school account in the state general fund an amount equal to the tax received from the lessee or user for the year in which the school district received an increased apportionment, not to exceed the increase in apportionments made to the school district pursuant to this subsection.
3.
On or before August 1 of each year, the board of trustees of a school district shall provide to the department, in a format prescribed by the department, the count of pupils calculated pursuant to subparagraph (6) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least one semester during the immediately preceding school year. The count of pupils submitted to the department must be included in the final adjustment computed pursuant to subsection 4.4.
A final adjustment must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:(a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.
(b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.
Sec. 5. NRS 392.035 is hereby amended to read as follows:
(a) The number of late entries or transfers into a school from another school, school district or state, after the beginning of the school year;
(b) The number of pupils reentering the school after having withdrawn from the same school; and
(c) The number of pupils who withdraw for any reason or who are dropped for nonattendance.
2. To determine the cumulative enrollment of the school pursuant to subsection 1, the department shall add the total number of pupils enrolled in programs of instruction in the school who are included in the count for apportionment purposes pursuant to paragraphs (a), (b)
,3. The department shall develop and distribute to the county school districts a form upon which the information necessary to the formula may be submitted by the individual schools.".
Amend sec. 2, page 3, by deleting lines 5 and 6 and inserting:
"
4. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or an association for interscholastic activities. If the board of trustees revokes its approval, neither the board of trustees nor the public school are liable for any damages relating to the denial of services to the pupil.5. The programs of special education and related services required by subsection 2 may be offered at a public school or".
Amend sec. 2, page 3, line 8, by deleting "
5." and inserting "6.".Amend sec. 2, page 3, line 11, by deleting "
6." and inserting "7.".Amend the title of the bill, by deleting the second and third lines and inserting:
"certain services under certain circumstances to children in private schools, charter schools and home schools; revising provisions governing the computation of basic support to include children in private schools, charter schools and home schools who are enrolled in classes in public schools; requiring the board of trustees of".
Amend the summary of the bill, first line, by deleting "educational".