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).

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

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

2-1 in a class or extracurricular activity at a public school within the school

2-2 district if:

2-3 (a) Space for the child in the class or extracurricular activity is

2-4 available; and

2-5 (b) The parent or legal guardian demonstrates to the satisfaction of

2-6 the board of trustees that the child is qualified to participate in the class

2-7 or extracurricular activity.

2-8 If the board of trustees of a school district authorizes a child to

2-9 participate in a class or extracurricular activity pursuant to this

2-10 subsection, the board of trustees is not required to provide transportation

2-11 for the child to attend the class or activity.

2-12 4. The board of trustees of a school district may revoke its approval

2-13 for a pupil to participate in a class or extracurricular activity at a public

2-14 school pursuant to subsection 3 if the board of trustees or the public

2-15 school determines that the pupil has failed to comply with applicable

2-16 statutes, or applicable rules and regulations of the board of trustees, the

2-17 public school or an association for interscholastic activities. If the board

2-18 of trustees so revokes its approval, neither the board of trustees nor the

2-19 public school are liable for any damages relating to the denial of services

2-20 to the pupil.

2-21 Sec. 2. NRS 387.123 is hereby amended to read as follows:

2-22 387.123 1. The count of pupils for apportionment purposes includes

2-43 establishing such regulations for the public schools, the state board:

3-1 (a) Shall divide the school year into 10 school months, each containing

3-2 20 or fewer school days.

3-3 (b) May divide the pupils in grades 1 to 12, inclusive, into categories

3-4 composed respectively of those enrolled in elementary schools and those

3-5 enrolled in secondary schools.

3-6 (c) Shall prohibit the counting of any pupil specified in subsection 1

3-7 more than once.

3-8 3. Except as otherwise provided in subsection 4 and NRS 388.700, the

3-9 state board shall establish by regulation the maximum pupil-teacher ratio in

3-10 each grade, and for each subject matter wherever different subjects are

3-11 taught in separate classes, for each school district of this state which is

3-12 consistent with:

3-13 (a) The maintenance of an acceptable standard of instruction;

3-14 (b) The conditions prevailing in the school district with respect to the

3-15 number and distribution of pupils in each grade; and

3-16 (c) Methods of instruction used, which may include educational

3-17 television, team teaching or new teaching systems or techniques.

3-18 If the superintendent of public instruction finds that any school district is

3-19 maintaining one or more classes whose pupil-teacher ratio exceeds the

3-20 applicable maximum, and unless he finds that the board of trustees of the

3-21 school district has made every reasonable effort in good faith to comply

3-22 with the applicable standard, he shall, with the approval of the state board,

3-23 reduce the count of pupils for apportionment purposes by the percentage

3-24 which the number of pupils attending those classes is of the total number of

3-25 pupils in the district, and the state board may direct him to withhold the

3-26 quarterly apportionment entirely.

3-27 4. A charter school is not required to comply with the pupil-teacher

3-28 ratio prescribed by the state board pursuant to subsection 3.

3-29 Sec. 3. NRS 387.1233 is hereby amended to read as follows:

3-30 387.1233 1. Except as otherwise provided in subsection 2, basic

3-43 who are receiving special education pursuant to the provisions of NRS

4-1 388.440 to 388.520, inclusive, on the last day of the first school month of

4-2 the school year, excluding the count of pupils who have not attained the age

4-3 of 5 years and who are receiving special education pursuant to subsection 1

4-4 of NRS 388.490 on that day.

4-5 (4) Six-tenths the count of pupils who have not attained the age of 5

4-6 years and who are receiving special education pursuant to subsection 1 of

4-7 NRS 388.490 on the last day of the first school month of the school year.

4-8 (5) The count of children detained in detention homes, alternative

4-9 programs and juvenile forestry camps receiving instruction pursuant to the

4-10 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the

4-11 first school month of the school year.

4-12 (6) The count of pupils who are enrolled in classes for at least one

4-13 semester pursuant to subsection 3 of NRS 386.560 or subsection 3 of

4-14 NRS 392.070, expressed as a percentage of the total time services are

4-15 provided to those pupils per school day in proportion to the total time

4-16 services are provided during a school day to pupils who are counted

4-17 pursuant to subparagraph (2).

4-18 (b) Multiplying the number of special education program units

4-19 maintained and operated by the amount per program established for that

4-20 school year.

4-21 (c) Adding the amounts computed in paragraphs (a) and (b).

4-22 2. If the enrollment of pupils on the last day of the first school month

4-23 of the school year in a school district or a charter school is less than the

4-24 enrollment of pupils in the same school district or charter school on the last

4-25 day of the first school month for the immediately preceding school year, the

4-26 larger number must be used for purposes of apportioning money from the

4-27 state distributive school account to that school district or charter school

4-28 pursuant to NRS 387.124.

4-29 3. Pupils who are excused from attendance at examinations or have

4-30 completed their work in accordance with the rules of the board of trustees

4-31 must be credited with attendance during that period.

4-32 4. Pupils who are incarcerated in a facility or institution operated by

4-33 the department of prisons must not be counted for the purpose of

4-34 computing basic support pursuant to this section. The average daily

4-35 attendance for such pupils must be reported to the department of education.

4-36 5. Part-time pupils who are enrolled in courses which are approved by

4-37 the department as meeting the requirements for an adult to earn a high

4-38 school diploma must not be counted for the purpose of computing basic

4-39 support pursuant to this section. The average daily attendance for such

4-40 pupils must be reported to the department.

4-41 Sec. 4. NRS 387.1243 is hereby amended to read as follows:

4-42 387.1243 1. The first apportionment based on an estimated number

4-43 of pupils and special education program units and succeeding

5-1 apportionments are subject to adjustment from time to time as the need

5-2 therefor may appear.

5-3 2. The apportionments to a school district may be adjusted during a

5-4 fiscal year by the department of education, upon approval by the board of

5-5 examiners and the interim finance committee, if the department of taxation

5-6 and the county assessor in the county in which the school district is located

5-7 certify to the department of education that the school district will not

5-8 receive the tax levied pursuant to subsection 1 of NRS 387.195 on property

5-9 of the Federal Government located within the county if:

5-10 (a) The leasehold interest, possessory interest, beneficial interest or

5-11 beneficial use of the property is subject to taxation pursuant to NRS

5-12 361.157 and 361.159 and one or more lessees or users of the property are

5-13 delinquent in paying the tax; and

5-14 (b) The total amount of tax owed but not paid for the fiscal year by any

5-15 such lessees and users is at least 5 percent of the proceeds that the school

5-16 district would have received from the tax levied pursuant to subsection 1 of

5-17 NRS 387.195.

5-18 If a lessee or user pays the tax owed after the school district’s

5-19 apportionment has been increased in accordance with the provisions of this

5-20 subsection to compensate for the tax owed, the school district shall repay to

5-21 the distributive school account in the state general fund an amount equal to

5-22 the tax received from the lessee or user for the year in which the school

5-23 district received an increased apportionment, not to exceed the increase in

5-24 apportionments made to the school district pursuant to this subsection.

5-25 3. On or before August 1 of each year, the board of trustees of a

5-26 school district shall provide to the department, in a format prescribed by

5-27 the department, the count of pupils calculated pursuant to subparagraph

5-28 (6) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at

5-29 least one semester during the immediately preceding school year. The

5-30 count of pupils submitted to the department must be included in the final

5-31 adjustment computed pursuant to subsection 4.

5-32 4. A final adjustment must be computed as soon as practicable

5-33 following the close of the school year, but not later than August 25. The

5-34 final computation must be based upon the actual counts of pupils required

5-35 to be made for the computation of basic support and the limits upon the

5-36 support of special education programs, except that for any year when the

5-37 total enrollment of pupils and children described in paragraphs (a), (b), (c)

5-38 and (d) of subsection 1 of NRS 387.123 is greater on the last day of any

5-39 school month after the second school month and the increase in enrollment

5-40 shows at least:

5-41 (a) A 3 percent gain, basic support as computed from first month

5-42 enrollment must be increased by 2 percent.

6-1 (b) A 6 percent gain, basic support as computed from first month

6-2 enrollment must be increased by an additional 2 percent.

6-3 [4.] 5. If the final computation of apportionment for any school district

6-4 or charter school exceeds the actual amount paid to the school district or

6-5 charter school during the school year, the additional amount due must be

6-6 paid before September 1. If the final computation of apportionment for any

6-7 school district or charter school is less than the actual amount paid to the

6-8 school district or charter school during the school year, the difference must

6-9 be repaid to the state distributive school account in the state general fund

6-10 by the school district or charter school before September 25.

6-11 Sec. 5. NRS 392.035 is hereby amended to read as follows:

6-12 392.035 1. In determining the mobility of pupils in a school, for any

6-29 be submitted by the individual schools.

6-30 Sec. 6. NRS 392.070 is hereby amended to read as follows:

6-31 392.070 1. Attendance required by the provisions of NRS 392.040

6-43 388.440 to 388.520, inclusive;

7-1 (b) In the same manner that the board of trustees provides, as

7-2 required by 20 U.S.C. § 1412, for the participation of pupils with

7-3 disabilities who are enrolled in private schools within the school district

7-4 voluntarily by their parents or legal guardians; and

7-5 (c) In accordance with the same requirements set forth in 20 U.S.C. §

7-6 1412 which relate to the participation of pupils with disabilities who are

7-7 enrolled in private schools within the school district voluntarily by their

7-8 parents or legal guardians.

7-9 3. Except as otherwise provided in subsection 2 for programs of

7-10 special education and related services, upon the request of a parent or

7-11 legal guardian of a child who is enrolled in a private school or who

7-12 receives instruction at home, the board of trustees of the school district in

7-13 which the child resides shall authorize the child to participate in a class

7-14 or extracurricular activity at a public school within the school district if:

7-15 (a) Space for the child in the class or extracurricular activity is

7-16 available; and

7-17 (b) The parent or legal guardian demonstrates to the satisfaction of

7-18 the board of trustees that the child is qualified to participate in the class

7-19 or extracurricular activity.

7-20 If the board of trustees of a school district authorizes a child to

7-21 participate in a class or extracurricular activity pursuant to this

7-22 subsection, the board of trustees is not required to provide transportation

7-23 for the child to attend the class or activity.

7-24 4. The board of trustees of a school district may revoke its approval

7-25 for a pupil to participate in a class or extracurricular activity at a public

7-26 school pursuant to subsection 3 if the board of trustees or the public

7-27 school determines that the pupil has failed to comply with applicable

7-28 statutes, or applicable rules and regulations of the board of trustees, the

7-29 public school or an association for interscholastic activities. If the board

7-30 of trustees revokes its approval, neither the board of trustees nor the

7-31 public school are liable for any damages relating to the denial of services

7-32 to the pupil.

7-33 5. The programs of special education and related services required

7-34 by subsection 2 may be offered at a public school or another location that

7-35 is appropriate.

7-36 6. The department may adopt such regulations as are necessary for

7-37 the boards of trustees of school districts to provide the programs of

7-38 special education and related services required by subsection 2.

7-39 7. As used in this section, "related services" has the meaning

7-40 ascribed to it in 20 U.S.C. § 1401(22).

7-41 Sec. 7. NRS 392.466 is hereby amended to read as follows:

7-42 392.466 1. Except as otherwise provided in this section, any pupil

7-43 who commits a battery which results in the bodily injury of an employee of

8-1 the school, sells or distributes any controlled substance or is found in

8-2 possession of a dangerous weapon, while on the premises of any public

8-3 school, at an activity sponsored by a public school or on any school bus

8-4 must, for the first occurrence, be suspended or expelled from that school,

8-5 although he may be placed in another kind of school, for at least a period

8-6 equal to one semester for that school. For a second occurrence, the pupil

8-7 must:

8-8 (a) Be permanently expelled from that school; and

8-9 (b) Receive equivalent instruction authorized by the state board pursuant

8-10 to subsection 1 of NRS 392.070.

8-11 2. Except as otherwise provided in this section, any pupil who is found

8-12 in possession of a firearm while on the premises of any public school, at an

8-13 activity sponsored by a public school or on any school bus must, for the

8-14 first occurrence, be expelled from the school for a period of not less than 1

8-15 year, although he may be placed in another kind of school for a period not

8-16 to exceed the period of the expulsion. For a second occurrence, the pupil

8-17 must:

8-18 (a) Be permanently expelled from the school; and

8-19 (b) Receive equivalent instruction authorized by the state board pursuant

8-20 to subsection 1 of NRS 392.070.

8-21 The superintendent of schools of a school district may, in a particular case

8-22 in that school district, allow an exception to the expulsion requirement of

8-23 this subsection.

8-24 3. Except as otherwise provided in this section, any pupil who is a

8-25 habitual disciplinary problem as set forth in NRS 392.4655 must be

8-26 suspended or expelled from the school for a period equal to at least one

8-27 semester for that school. For the period of his suspension or expulsion, the

8-28 pupil must receive equivalent instruction authorized by the state board

8-29 pursuant to subsection 1 of NRS 392.070.

8-30 4. This section does not prohibit a pupil from having in his possession

8-31 a knife or firearm with the approval of the principal of the school. A

8-32 principal may grant such approval only in accordance with the policies or

8-33 regulations adopted by the board of trustees of the school district.

8-34 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been

8-35 found to have possessed a firearm in violation of subsection 2, may be

8-36 suspended from school or permanently expelled from school pursuant to

8-37 this section only after the board of trustees of the school district has

8-38 reviewed the circumstances and approved this action in accordance with the

8-39 procedural policy adopted by the board for such issues.

8-40 6. A pupil who is participating in a program of special education

8-41 pursuant to NRS 388.520, other than a pupil who is gifted and talented,

8-42 may, in accordance with the procedural policy adopted by the board of

8-43 trustees of the school district for such matters, be:

9-1 (a) Suspended from school pursuant to this section for not more than 10

9-2 days. Such a suspension may be imposed pursuant to this paragraph for

9-3 each occurrence of conduct proscribed by subsection 1.

9-4 (b) Suspended from school for more than 10 days or permanently

9-5 expelled from school pursuant to this section only after the board of

9-6 trustees of the school district has reviewed the circumstances and

9-7 determined that the action is in compliance with the Individuals with

9-8 Disabilities Education Act , [(] 20 U.S.C. §§ 1400 et seq. [).]

9-9 7. As used in this section:

9-10 (a) "Battery" has the meaning ascribed to it in paragraph (a) of

9-11 subsection 1 of NRS 200.481.

9-12 (b) "Dangerous weapon" includes, without limitation, a blackjack, slung

9-13 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,

9-14 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or

9-15 any other knife described in NRS 202.350, or any other object which is

9-16 used, or threatened to be used, in such a manner and under such

9-17 circumstances as to pose a threat of, or cause, bodily injury to a person.

9-18 (c) "Firearm" includes, without limitation, any pistol, revolver, shotgun,

9-19 explosive substance or device, and any other item included within the

9-20 definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July

9-21 1, 1995.

9-22 Sec. 8. NRS 394.103 is hereby amended to read as follows:

9-23 394.103 "Private schools" means private elementary and secondary

9-26 attendance pursuant to subsection 1 of NRS 392.070.

9-27 Sec. 9. NRS 483.270 is hereby amended to read as follows:

9-28 483.270 1. The department may issue a restricted license to any pupil

9-43 (a) Be made upon a form provided by the department.

10-1 (b) Be signed and verified as provided in NRS 483.300.

10-2 (c) Contain such other information as may be required by the

10-3 department.

10-4 3. Any restricted license issued pursuant to this section:

10-5 (a) Is effective only for the school year during which it is issued or for a

10-6 more restricted period.

10-7 (b) Authorizes the licensee to drive a motor vehicle on a street or

10-8 highway only while going to and from school, and at a speed not in excess

10-9 of the speed limit set by law for school buses.

10-10 (c) May contain such other restrictions as the department may deem

10-11 necessary and proper.

10-12 (d) May authorize the licensee to transport as passengers in a motor

10-13 vehicle driven by him, only while he is going to and from school, members

10-14 of his immediate family, or other minor persons upon written consent of the

10-15 parents or guardians of such minors, but in no event may the number of

10-16 passengers so transported at any time exceed the number of passengers for

10-17 which the vehicle was designed.

10-18 4. No restricted license may be issued under the provisions of this

10-19 section until the department is satisfied fully as to the applicant’s

10-20 competency and fitness to drive a motor vehicle.

10-21 5. The department shall adopt regulations that set forth the

10-22 requirements for eligibility of a pupil to receive a restricted license

10-23 pursuant to paragraph (a) of subsection 1.

10-24 Sec. 10. This act becomes effective on July 1, 1999.