Senate Bill No. 41–Senator Washington

Prefiled January 27, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Authorizes parents of certain pupils to choose which public school pupils will attend. (BDR 34-260)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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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; authorizing the parents of certain pupils to choose which public schools the pupils will attend; 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 388.040 is hereby amended to read as follows:

1-2 388.040 1. Except as otherwise provided in subsection 2, the board of

1-3 trustees of a school district that includes more than one school which offers

1-4 instruction in the same grade or grades may zone the school district and

1-5 determine which pupils shall attend each school.

1-6 2. The establishment of zones pursuant to subsection 1 does not

1-7 preclude a pupil from attending a [charter school.] :

1-8 (a) Charter school; or

1-9 (b) School outside the zone of attendance that the pupil is required to

1-10 attend if the board of trustees of a school district approves an application

1-11 for a pupil to attend another school pursuant to section 2 of this act.

1-12 Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto a

1-13 new section to read as follows:

1-14 1. Except as otherwise provided in subsection 2, the parents, legal

1-15 guardian or custodial parent of a pupil may submit an application for the

1-16 pupil to attend a public school that is located:

1-17 (a) Within the county in which the pupil resides but outside the zone of

1-18 attendance established pursuant to NRS 388.040 that the pupil is required

1-19 to attend; or

2-1 (b) Within a county that adjoins the county in which the pupil resides.

2-2 2. The provisions of this section do not apply:

2-3 (a) For enrollment in a charter school.

2-4 (b) To a pupil who is ineligible to attend a public school pursuant to

2-5 NRS 392.264 or 392.4675.

2-6 3. An application for enrollment in a public school pursuant to this

2-7 section must be submitted to the board of trustees of the school district

2-8 that the pupil wishes to attend on a form provided by the board of

2-9 trustees. The board of trustees of each school district shall prescribe the

2-10 deadline for the submission of applications, which must not be sooner

2-11 than 3 months before the commencement of a school year.

2-12 4. The board of trustees of a school district shall not act on an

2-13 application that has been submitted until after the deadline for the

2-14 submission of applications. Except as otherwise provided in this

2-15 subsection, the board of trustees of a school district shall approve all

2-16 applications that are submitted. If the board of trustees of a school district

2-17 determines that a public school within the school district does not have

2-18 sufficient resources to accommodate the total number of pupils who

2-19 submitted applications for that school, including, without limitation, a

2-20 sufficient number of classrooms or personnel, the board of trustees of the

2-21 school district shall hold a meeting in accordance with chapter 241 of

2-22 NRS, to select randomly which applications will be approved. The board

2-23 of trustees of the school district shall ensure that the random selection of

2-24 applications occurs in such a manner that every application which has

2-25 been submitted for a particular school is given an equal opportunity to be

2-26 included in the selection.

2-27 5. If the board of trustees of a school district approves an application,

2-28 the board of trustees shall provide written notice of the approval to:

2-29 (a) The person who submitted the application on behalf of the pupil;

2-30 (b) The public school that the pupil would otherwise be required to

2-31 attend;

2-32 (c) The public school that the pupil will attend; and

2-33 (d) The board of trustees of the school district in which the pupil

2-34 resides, if the pupil will be attending a public school in an adjoining

2-35 school district.

2-36 6. If the parents, legal guardian or custodial parent of a pupil who

2-37 attends a public school pursuant to this section desires that the pupil

2-38 continue to attend the public school for the next school year, the parents,

2-39 legal guardian or custodial parent shall submit an application pursuant to

2-40 subsection 1.

2-41 7. If a pupil attends a public school pursuant to this section:

2-42 (a) The pupil must be included in the count of pupils in the school

2-43 district in which the pupil attends school for the purposes of

3-1 apportionments and allowances from the state distributive school account

3-2 pursuant to NRS 387.121 to 387.126, inclusive.

3-3 (b) The pupil may not transfer to another public school in the county

3-4 of his residence until after the completion of the school year. If, for the

3-5 next school year, the pupil desires to return to the public school that he is

3-6 otherwise required to attend, the parents, legal guardian or custodial

3-7 parent of the pupil must provide written notice of that desire to the board

3-8 of trustees of the school district in which the pupil resides at least 3

3-9 months before the commencement of the next school year.

3-10 8. If, pursuant to this section, a pupil attends a public school in a

3-11 county that adjoins the county in which the pupil resides, the board of

3-12 trustees of the school district in which the pupil resides shall pay for the

3-13 costs of transportation of the pupil in an amount which is equal to 75

3-14 percent of the average amount that the school district expends per pupil

3-15 for the transportation of pupils within the school district.

3-16 Sec. 3. NRS 392.010 is hereby amended to read as follows:

3-17 392.010 Except as to the attendance of a pupil pursuant to NRS

3-18 392.015 or section 2 of this act, or a pupil who is ineligible for attendance

3-19 pursuant to NRS 392.4675 and except as otherwise provided in NRS

3-20 392.264 and 392.268:

3-21 1. The board of trustees of any school district may, with the approval of

3-22 the superintendent of public instruction:

3-23 (a) Admit to the school or schools of the school district any pupil or

3-24 pupils living in an adjoining school district within this state or in an

3-25 adjoining state when the school district of residence in the adjoining state

3-26 adjoins the receiving Nevada school district; or

3-27 (b) Pay tuition for pupils residing in the school district but who attend

3-28 school in an adjoining school district within this state or in an adjoining

3-29 state when the receiving district in the adjoining state adjoins the school

3-30 district of Nevada residence.

3-31 2. With the approval of the superintendent of public instruction, the

3-32 board of trustees of the school district in which the pupil or pupils reside

3-33 and the board of trustees of the school district in which the pupil or pupils

3-34 attend school shall enter into an agreement providing for the payment of

3-35 such tuition as may be agreed upon, but transportation costs must be paid by

3-36 the board of trustees of the school district in which the pupil or pupils

3-37 reside:

3-38 (a) If any are incurred in transporting a pupil or pupils to an adjoining

3-39 school district within the state; and

3-40 (b) If any are incurred in transporting a pupil or pupils to an adjoining

3-41 state, as provided by the agreement.

4-1 3. In addition to the provisions for the payment of tuition and

4-2 transportation costs for pupils admitted to an adjoining school district as

4-3 provided in subsection 2, the agreement may contain provisions for the

4-4 payment of reasonable amounts of money to defray the cost of operation,

4-5 maintenance and depreciation of capital improvements which can be

4-6 allocated to such pupils.

4-7 Sec. 4. This act becomes effective on July 1, 1999.

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