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 [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).

 

AN ACT relating to education; requiring the boards of trustees of school districts to provide certain educational services under certain circumstances to children in private schools, charter schools and home schools; requiring the boards of trustees of school districts to provide certain programs of special education and related services to children who receive instruction at home; and providing other matters properly relating thereto.

 

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:

1-2 386.560 1. A charter school may contract with the board of trustees

1-3 of the school district in which the charter school is located to perform any

1-4 service relating to the operation of the charter school, including, without

1-5 limitation, transportation and the provision of health services for the pupils

1-6 who are enrolled in the charter school.

1-7 2. A charter school may use any public facility located within the

1-8 school district in which the charter school is located. A charter school may

1-9 use school buildings owned by the school district only upon approval of the

1-10 board of trustees of the school district and during times that are not regular

1-11 school hours.

1-12 3. Upon the request of a parent or legal guardian of a child who is

1-13 enrolled in a charter school, the board of trustees of the school district in

1-14 which the charter school is located shall authorize the child to participate

1-15 in a class or extracurricular activity at a public school within the school

1-16 district if:

2-1 (a) Space for the child in the class or extracurricular activity is

2-2 available; and

2-3 (b) The parent or legal guardian demonstrates to the satisfaction of

2-4 the board of trustees that the child is qualified to participate in the class

2-5 or extracurricular activity.

2-6 If the board of trustees of a school district authorizes a child to

2-7 participate in a class or extracurricular activity pursuant to this

2-8 subsection, the board of trustees is not required to provide transportation

2-9 for the child to attend the class or activity.

2-10 Sec. 2. NRS 392.070 is hereby amended to read as follows:

2-11 392.070 1. Attendance required by the provisions of NRS 392.040

2-12 [shall] must be excused when satisfactory written evidence is presented to

2-13 the board of trustees of the school district in which the child resides that the

2-14 child is receiving at home or in some other school equivalent instruction of

2-15 the kind and amount approved by the state board . [of education.]

2-16 2. The board of trustees of each school district shall provide

2-17 programs of special education and related services for children who are

2-18 exempt from compulsory attendance pursuant to subsection 1 and

2-19 receive instruction at home. The programs of special education and

2-20 related services required by this section must be made:

2-21 (a) Only if a child would otherwise be eligible for participation in

2-22 programs of special education and related services pursuant to NRS

2-23 388.440 to 388.520, inclusive;

2-24 (b) In the same manner that the board of trustees provides, as

2-25 required by 20 U.S.C. § 1412, for the participation of pupils with

2-26 disabilities who are enrolled in private schools within the school district

2-27 voluntarily by their parents or legal guardians; and

2-28 (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 are

2-30 enrolled in private schools within the school district voluntarily by their

2-31 parents or legal guardians.

2-32 3. Except as otherwise provided in subsection 2 for programs of

2-33 special education and related services, upon the request of a parent or

2-34 legal guardian of a child who is enrolled in a private school or who

2-35 receives instruction at home, the board of trustees of the school district in

2-36 which the child resides shall authorize the child to participate in a class

2-37 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 is

2-39 available; and

2-40 (b) The parent or legal guardian demonstrates to the satisfaction of

2-41 the board of trustees that the child is qualified to participate in the class

2-42 or extracurricular activity.

3-1 If the board of trustees of a school district authorizes a child to

3-2 participate in a class or extracurricular activity pursuant to this

3-3 subsection, the board of trustees is not required to provide transportation

3-4 for the child to attend the class or activity.

3-5 4. The programs of special education and related services required

3-6 by subsection 2 may be offered at a public school, the home of a child or

3-7 another location that is appropriate.

3-8 5. The department may adopt such regulations as are necessary for

3-9 the boards of trustees of school districts to provide the programs of

3-10 special education and related services required by subsection 2.

3-11 6. As used in this section, "related services" has the meaning

3-12 ascribed to it in 20 U.S.C. § 1401(22).

3-13 Sec. 3. NRS 392.466 is hereby amended to read as follows:

3-14 392.466 1. Except as otherwise provided in this section, any pupil

3-15 who commits a battery which results in the bodily injury of an employee of

3-16 the school, sells or distributes any controlled substance or is found in

3-17 possession of a dangerous weapon, while on the premises of any public

3-18 school, at an activity sponsored by a public school or on any school bus

3-19 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 period

3-21 equal to one semester for that school. For a second occurrence, the pupil

3-22 must:

3-23 (a) Be permanently expelled from that school; and

3-24 (b) Receive equivalent instruction authorized by the state board pursuant

3-25 to subsection 1 of NRS 392.070.

3-26 2. Except as otherwise provided in this section, any pupil who is found

3-27 in possession of a firearm while on the premises of any public school, at an

3-28 activity sponsored by a public school or on any school bus must, for the

3-29 first occurrence, be expelled from the school for a period of not less than 1

3-30 year, although he may be placed in another kind of school for a period not

3-31 to exceed the period of the expulsion. For a second occurrence, the pupil

3-32 must:

3-33 (a) Be permanently expelled from the school; and

3-34 (b) Receive equivalent instruction authorized by the state board pursuant

3-35 to subsection 1 of NRS 392.070.

3-36 The superintendent of schools of a school district may, in a particular case

3-37 in that school district, allow an exception to the expulsion requirement of

3-38 this subsection.

3-39 3. Except as otherwise provided in this section, any pupil who is a

3-40 habitual disciplinary problem as set forth in NRS 392.4655 must be

3-41 suspended or expelled from the school for a period equal to at least one

4-1 semester for that school. For the period of his suspension or expulsion, the

4-2 pupil must receive equivalent instruction authorized by the state board

4-3 pursuant to subsection 1 of NRS 392.070.

4-4 4. This section does not prohibit a pupil from having in his possession

4-5 a knife or firearm with the approval of the principal of the school. A

4-6 principal may grant such approval only in accordance with the policies or

4-7 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 been

4-9 found to have possessed a firearm in violation of subsection 2, may be

4-10 suspended from school or permanently expelled from school pursuant to

4-11 this section only after the board of trustees of the school district has

4-12 reviewed the circumstances and approved this action in accordance with the

4-13 procedural policy adopted by the board for such issues.

4-14 6. A pupil who is participating in a program of special education

4-15 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 of

4-17 trustees of the school district for such matters, be:

4-18 (a) Suspended from school pursuant to this section for not more than 10

4-19 days. Such a suspension may be imposed pursuant to this paragraph for

4-20 each occurrence of conduct proscribed by subsection 1.

4-21 (b) Suspended from school for more than 10 days or permanently

4-22 expelled from school pursuant to this section only after the board of

4-23 trustees of the school district has reviewed the circumstances and

4-24 determined that the action is in compliance with the Individuals with

4-25 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

4-26 7. As used in this section:

4-27 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

4-28 subsection 1 of NRS 200.481.

4-29 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

4-30 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 or

4-32 any other knife described in NRS 202.350, or any other object which is

4-33 used, or threatened to be used, in such a manner and under such

4-34 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 the

4-37 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

4-38 1, 1995.

4-39 Sec. 4. NRS 394.103 is hereby amended to read as follows:

4-40 394.103 "Private schools" means private elementary and secondary

4-41 educational institutions. The term does not include a home in which

4-42 instruction is provided to a child who is excused from compulsory

4-43 attendance pursuant to subsection 1 of NRS 392.070.

5-1 Sec. 5. NRS 483.270 is hereby amended to read as follows:

5-2 483.270 1. The department may issue a restricted license to any pupil

5-3 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 whose

5-5 population is less than 35,000 or in a city or town whose population is less

5-6 than 25,000 when transportation to and from school is not provided by the

5-7 board of trustees of the school district, if the pupil meets the requirements

5-8 for eligibility adopted by the department pursuant to subsection 5; or

5-9 (b) A private school meeting the requirements for approval [under] by

5-10 the state board of education pursuant to subsection 1 of NRS 392.070

5-11 when transportation to and from school is not provided by the private

5-12 school,

5-13 and it is impossible or impracticable to furnish such pupil with private

5-14 transportation to and from school.

5-15 2. An application for the issuance of a restricted license under this

5-16 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 the

5-20 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 a

5-23 more restricted period.

5-24 (b) Authorizes the licensee to drive a motor vehicle on a street or

5-25 highway only while going to and from school, and at a speed not in excess

5-26 of the speed limit set by law for school buses.

5-27 (c) May contain such other restrictions as the department may deem

5-28 necessary and proper.

5-29 (d) May authorize the licensee to transport as passengers in a motor

5-30 vehicle driven by him, only while he is going to and from school, members

5-31 of his immediate family, or other minor persons upon written consent of the

5-32 parents or guardians of such minors, but in no event may the number of

5-33 passengers so transported at any time exceed the number of passengers for

5-34 which the vehicle was designed.

5-35 4. No restricted license may be issued under the provisions of this

5-36 section until the department is satisfied fully as to the applicant’s

5-37 competency and fitness to drive a motor vehicle.

5-38 5. The department shall adopt regulations that set forth the

5-39 requirements for eligibility of a pupil to receive a restricted license

5-40 pursuant to paragraph (a) of subsection 1.

5-41 Sec. 6. This act becomes effective on July 1, 1999.

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