Senate Bill No. 213–Senator O’Connell
February 18, 1999
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Referred to Committee on Human Resources and Facilities
SUMMARY—Provides for certain public educational services for children in private schools, charter schools and home schools. (BDR 34-37)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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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 386.560 is hereby amended to read as follows: 386.560 1. A charter school may contract with the board of trustees1-3
of the school district in which the charter school is located to perform any1-4
service relating to the operation of the charter school, including, without1-5
limitation, transportation and the provision of health services for the pupils1-6
who are enrolled in the charter school.1-7
2. A charter school may use any public facility located within the1-8
school district in which the charter school is located. A charter school may1-9
use school buildings owned by the school district only upon approval of the1-10
board of trustees of the school district and during times that are not regular1-11
school hours.1-12
3. Upon the request of a parent or legal guardian of a child who is1-13
enrolled in a charter school, the board of trustees of the school district in1-14
which the charter school is located shall authorize the child to participate1-15
in a class or extracurricular activity at a public school within the school1-16
district if:2-1
(a) Space for the child in the class or extracurricular activity is2-2
available; and2-3
(b) The parent or legal guardian demonstrates to the satisfaction of2-4
the board of trustees that the child is qualified to participate in the class2-5
or extracurricular activity.2-6
If the board of trustees of a school district authorizes a child to2-7
participate in a class or extracurricular activity pursuant to this2-8
subsection, the board of trustees is not required to provide transportation2-9
for the child to attend the class or activity.2-10
Sec. 2. NRS 392.070 is hereby amended to read as follows: 392.070 1. Attendance required by the provisions of NRS 392.0402-12
2-13
the board of trustees of the school district in which the child resides that the2-14
child is receiving at home or in some other school equivalent instruction of2-15
the kind and amount approved by the state board .2-16
2. The board of trustees of each school district shall provide2-17
programs of special education and related services for children who are2-18
exempt from compulsory attendance pursuant to subsection 1 and2-19
receive instruction at home. The programs of special education and2-20
related services required by this section must be made:2-21
(a) Only if a child would otherwise be eligible for participation in2-22
programs of special education and related services pursuant to NRS2-23
388.440 to 388.520, inclusive;2-24
(b) In the same manner that the board of trustees provides, as2-25
required by 20 U.S.C. § 1412, for the participation of pupils with2-26
disabilities who are enrolled in private schools within the school district2-27
voluntarily by their parents or legal guardians; and2-28
(c) In accordance with the same requirements set forth in 20 U.S.C. §2-29
1412 which relate to the participation of pupils with disabilities who are2-30
enrolled in private schools within the school district voluntarily by their2-31
parents or legal guardians.2-32
3. Except as otherwise provided in subsection 2 for programs of2-33
special education and related services, upon the request of a parent or2-34
legal guardian of a child who is enrolled in a private school or who2-35
receives instruction at home, the board of trustees of the school district in2-36
which the child resides shall authorize the child to participate in a class2-37
or extracurricular activity at a public school within the school district if:2-38
(a) Space for the child in the class or extracurricular activity is2-39
available; and2-40
(b) The parent or legal guardian demonstrates to the satisfaction of2-41
the board of trustees that the child is qualified to participate in the class2-42
or extracurricular activity.3-1
If the board of trustees of a school district authorizes a child to3-2
participate in a class or extracurricular activity pursuant to this3-3
subsection, the board of trustees is not required to provide transportation3-4
for the child to attend the class or activity.3-5
4. The programs of special education and related services required3-6
by subsection 2 may be offered at a public school, the home of a child or3-7
another location that is appropriate.3-8
5. The department may adopt such regulations as are necessary for3-9
the boards of trustees of school districts to provide the programs of3-10
special education and related services required by subsection 2.3-11
6. As used in this section, "related services" has the meaning3-12
ascribed to it in 20 U.S.C. § 1401(22).3-13
Sec. 3. NRS 392.466 is hereby amended to read as follows: 392.466 1. Except as otherwise provided in this section, any pupil3-15
who commits a battery which results in the bodily injury of an employee of3-16
the school, sells or distributes any controlled substance or is found in3-17
possession of a dangerous weapon, while on the premises of any public3-18
school, at an activity sponsored by a public school or on any school bus3-19
must, for the first occurrence, be suspended or expelled from that school,3-20
although he may be placed in another kind of school, for at least a period3-21
equal to one semester for that school. For a second occurrence, the pupil3-22
must:3-23
(a) Be permanently expelled from that school; and3-24
(b) Receive equivalent instruction authorized by the state board pursuant3-25
to subsection 1 of NRS 392.070.3-26
2. Except as otherwise provided in this section, any pupil who is found3-27
in possession of a firearm while on the premises of any public school, at an3-28
activity sponsored by a public school or on any school bus must, for the3-29
first occurrence, be expelled from the school for a period of not less than 13-30
year, although he may be placed in another kind of school for a period not3-31
to exceed the period of the expulsion. For a second occurrence, the pupil3-32
must:3-33
(a) Be permanently expelled from the school; and3-34
(b) Receive equivalent instruction authorized by the state board pursuant3-35
to subsection 1 of NRS 392.070.3-36
The superintendent of schools of a school district may, in a particular case3-37
in that school district, allow an exception to the expulsion requirement of3-38
this subsection.3-39
3. Except as otherwise provided in this section, any pupil who is a3-40
habitual disciplinary problem as set forth in NRS 392.4655 must be3-41
suspended or expelled from the school for a period equal to at least one4-1
semester for that school. For the period of his suspension or expulsion, the4-2
pupil must receive equivalent instruction authorized by the state board4-3
pursuant to subsection 1 of NRS 392.070.4-4
4. This section does not prohibit a pupil from having in his possession4-5
a knife or firearm with the approval of the principal of the school. A4-6
principal may grant such approval only in accordance with the policies or4-7
regulations adopted by the board of trustees of the school district.4-8
5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been4-9
found to have possessed a firearm in violation of subsection 2, may be4-10
suspended from school or permanently expelled from school pursuant to4-11
this section only after the board of trustees of the school district has4-12
reviewed the circumstances and approved this action in accordance with the4-13
procedural policy adopted by the board for such issues.4-14
6. A pupil who is participating in a program of special education4-15
pursuant to NRS 388.520, other than a pupil who is gifted and talented,4-16
may, in accordance with the procedural policy adopted by the board of4-17
trustees of the school district for such matters, be:4-18
(a) Suspended from school pursuant to this section for not more than 104-19
days. Such a suspension may be imposed pursuant to this paragraph for4-20
each occurrence of conduct proscribed by subsection 1.4-21
(b) Suspended from school for more than 10 days or permanently4-22
expelled from school pursuant to this section only after the board of4-23
trustees of the school district has reviewed the circumstances and4-24
determined that the action is in compliance with the Individuals with4-25
Disabilities Education Act ,4-26
7. As used in this section:4-27
(a) "Battery" has the meaning ascribed to it in paragraph (a) of4-28
subsection 1 of NRS 200.481.4-29
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung4-30
shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,4-31
switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or4-32
any other knife described in NRS 202.350, or any other object which is4-33
used, or threatened to be used, in such a manner and under such4-34
circumstances as to pose a threat of, or cause, bodily injury to a person.4-35
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,4-36
explosive substance or device, and any other item included within the4-37
definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July4-38
1, 1995.4-39
Sec. 4. NRS 394.103 is hereby amended to read as follows: 394.103 "Private schools" means private elementary and secondary4-41
educational institutions. The term does not include a home in which4-42
instruction is provided to a child who is excused from compulsory4-43
attendance pursuant to subsection 1 of NRS 392.070.5-1
Sec. 5. NRS 483.270 is hereby amended to read as follows: 483.270 1. The department may issue a restricted license to any pupil5-3
between the ages of 14 and 18 years who is attending:5-4
(a) A public school in a school district in this state in a county whose5-5
population is less than 35,000 or in a city or town whose population is less5-6
than 25,000 when transportation to and from school is not provided by the5-7
board of trustees of the school district, if the pupil meets the requirements5-8
for eligibility adopted by the department pursuant to subsection 5; or5-9
(b) A private school meeting the requirements for approval5-10
the state board of education pursuant to subsection 1 of NRS 392.0705-11
when transportation to and from school is not provided by the private5-12
school,5-13
and it is impossible or impracticable to furnish such pupil with private5-14
transportation to and from school.5-15
2. An application for the issuance of a restricted license under this5-16
section must:5-17
(a) Be made upon a form provided by the department.5-18
(b) Be signed and verified as provided in NRS 483.300.5-19
(c) Contain such other information as may be required by the5-20
department.5-21
3. Any restricted license issued pursuant to this section:5-22
(a) Is effective only for the school year during which it is issued or for a5-23
more restricted period.5-24
(b) Authorizes the licensee to drive a motor vehicle on a street or5-25
highway only while going to and from school, and at a speed not in excess5-26
of the speed limit set by law for school buses.5-27
(c) May contain such other restrictions as the department may deem5-28
necessary and proper.5-29
(d) May authorize the licensee to transport as passengers in a motor5-30
vehicle driven by him, only while he is going to and from school, members5-31
of his immediate family, or other minor persons upon written consent of the5-32
parents or guardians of such minors, but in no event may the number of5-33
passengers so transported at any time exceed the number of passengers for5-34
which the vehicle was designed.5-35
4. No restricted license may be issued under the provisions of this5-36
section until the department is satisfied fully as to the applicant’s5-37
competency and fitness to drive a motor vehicle.5-38
5. The department shall adopt regulations that set forth the5-39
requirements for eligibility of a pupil to receive a restricted license5-40
pursuant to paragraph (a) of subsection 1.5-41
Sec. 6. This act becomes effective on July 1, 1999.~