Amendment No. 385

Senate Amendment to Senate Bill No. 431 (BDR 34-1098)

Proposed by: Committee on Human Resources and Facilities

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 3, page 5, line 5, after "2." by inserting:

"If the board of trustees denies an application after it has been resubmitted pursuant to subsection 1, the applicant may submit a written request to the state board, not more than 30 days after receipt of the written notice of denial, to direct the board of trustees to reconsider the application. The state board shall consider requests for reconsideration in the order in which they are received. If the state board receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant and to the board of trustees.

3. If the state board grants a request to direct reconsideration, the written notice to the board of trustees of the school district who denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the state board directing the reconsideration, the board of trustees shall reconsider the application in accordance with the instructions of the state board, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.

4.".

Amend sec. 3, page 5, line 21, by deleting "3." and inserting "[3.] 5.".

Amend sec. 3, page 5, line 24, by deleting "4." and inserting "[4.] 6.".

Amend sec. 5, page 6, by deleting line 11 and inserting:

"6. [Schedule] Except as otherwise provided in this subsection, schedule and provide annually at least as many days of ".

Amend sec. 5, page 6, line 13, after "located." by inserting:

"The governing body of a charter school may submit a written request to the superintendent of public instruction for a waiver from providing the days of instruction required by this subsection. The superintendent of public instruction may grant such a request if the governing body demonstrates to the satisfaction of the superintendent that:

(a) Extenuating circumstances exist to justify the waiver; and

(b) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.".

Amend the bill as a whole by renumbering sections 9 through 11 as sections 11 through 13 and inserting new sections designated sections 9 and 10, following sec. 8, to read as follows:

"Sec. 9. NRS 41.0305 is hereby amended to read as follows:

41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term "political subdivision" includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an "eligible entity" pursuant to 42 U.S.C. § 9902, the Nevada rural housing authority, an airport authority created by special act of the legislature, a regional transportation commission and a fire protection district, irrigation district, school district , governing body of a charter school and other special district that performs a governmental function, even though it does not exercise general governmental powers.

Sec. 10. NRS 41.0307 is hereby amended to read as follows:

41.0307 As used in NRS 41.0305 to 41.039, inclusive:

1. "Employee" includes an employee of a [part-time] :

(a) Part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.

(b) Charter school.

2. "Employment" includes any services performed by an immune contractor.

3. "Immune contractor" means any natural person, professional corporation or professional association which:

(a) Is an independent contractor with the state pursuant to NRS 284.173; and

(b) Contracts to provide medical services for the department of prisons.

As used in this subsection, "professional corporation" and "professional association [,] " have the meanings ascribed to them in NRS 89.020.

4. "Public officer" or "officer" includes:

(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.

(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.".

Amend sec. 11, page 11, by deleting line 3 and inserting:

"Sec. 13. 1. This act becomes effective on July 1, 1999.

2. Section 11 of this act expires by limitation on July 1, 2001.".

Amend the title of the bill, by deleting the second line and inserting:

"pupils; providing for a process of appeal if the board of trustees of a school district denies an application for a charter school; authorizing a charter school to request a waiver from the number of days of instruction required by law; revising provisions governing the liability and immunity from liability of charter schools; revising".