Senate Bill No. 41–Senator Washington
Prefiled January 27, 1999
____________
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.
~
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 388.040 is hereby amended to read as follows: 388.040 1. Except as otherwise provided in subsection 2, the board of1-3
trustees of a school district that includes more than one school which offers1-4
instruction in the same grade or grades may zone the school district and1-5
determine which pupils shall attend each school.1-6
2. The establishment of zones pursuant to subsection 1 does not1-7
preclude a pupil from attending a1-8
(a) Charter school; or1-9
(b) School outside the zone of attendance that the pupil is required to1-10
attend if the board of trustees of a school district approves an application1-11
for a pupil to attend another school pursuant to section 2 of this act. Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto a1-13
new section to read as follows:1-14
1. Except as otherwise provided in subsection 2, the parents, legal1-15
guardian or custodial parent of a pupil may submit an application for the1-16
pupil to attend a public school that is located:1-17
(a) Within the county in which the pupil resides but outside the zone of1-18
attendance established pursuant to NRS 388.040 that the pupil is required1-19
to attend; or2-1
(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 to2-5
NRS 392.264 or 392.4675.2-6
3. An application for enrollment in a public school pursuant to this2-7
section must be submitted to the board of trustees of the school district2-8
that the pupil wishes to attend on a form provided by the board of2-9
trustees. The board of trustees of each school district shall prescribe the2-10
deadline for the submission of applications, which must not be sooner2-11
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 an2-13
application that has been submitted until after the deadline for the2-14
submission of applications. Except as otherwise provided in this2-15
subsection, the board of trustees of a school district shall approve all2-16
applications that are submitted. If the board of trustees of a school district2-17
determines that a public school within the school district does not have2-18
sufficient resources to accommodate the total number of pupils who2-19
submitted applications for that school, including, without limitation, a2-20
sufficient number of classrooms or personnel, the board of trustees of the2-21
school district shall hold a meeting in accordance with chapter 241 of2-22
NRS, to select randomly which applications will be approved. The board2-23
of trustees of the school district shall ensure that the random selection of2-24
applications occurs in such a manner that every application which has2-25
been submitted for a particular school is given an equal opportunity to be2-26
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 to2-31
attend;2-32
(c) The public school that the pupil will attend; and2-33
(d) The board of trustees of the school district in which the pupil2-34
resides, if the pupil will be attending a public school in an adjoining2-35
school district.2-36
6. If the parents, legal guardian or custodial parent of a pupil who2-37
attends a public school pursuant to this section desires that the pupil2-38
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 to2-40
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 school2-43
district in which the pupil attends school for the purposes of3-1
apportionments and allowances from the state distributive school account3-2
pursuant to NRS 387.121 to 387.126, inclusive.3-3
(b) The pupil may not transfer to another public school in the county3-4
of his residence until after the completion of the school year. If, for the3-5
next school year, the pupil desires to return to the public school that he is3-6
otherwise required to attend, the parents, legal guardian or custodial3-7
parent of the pupil must provide written notice of that desire to the board3-8
of trustees of the school district in which the pupil resides at least 33-9
months before the commencement of the next school year.3-10
8. If, pursuant to this section, a pupil attends a public school in a3-11
county that adjoins the county in which the pupil resides, the board of3-12
trustees of the school district in which the pupil resides shall pay for the3-13
costs of transportation of the pupil in an amount which is equal to 753-14
percent of the average amount that the school district expends per pupil3-15
for the transportation of pupils within the school district.3-16
Sec. 3. NRS 392.010 is hereby amended to read as follows: 392.010 Except as to the attendance of a pupil pursuant to NRS3-18
392.015 or section 2 of this act, or a pupil who is ineligible for attendance3-19
pursuant to NRS 392.4675 and except as otherwise provided in NRS3-20
392.264 and 392.268:3-21
1. The board of trustees of any school district may, with the approval of3-22
the superintendent of public instruction:3-23
(a) Admit to the school or schools of the school district any pupil or3-24
pupils living in an adjoining school district within this state or in an3-25
adjoining state when the school district of residence in the adjoining state3-26
adjoins the receiving Nevada school district; or3-27
(b) Pay tuition for pupils residing in the school district but who attend3-28
school in an adjoining school district within this state or in an adjoining3-29
state when the receiving district in the adjoining state adjoins the school3-30
district of Nevada residence.3-31
2. With the approval of the superintendent of public instruction, the3-32
board of trustees of the school district in which the pupil or pupils reside3-33
and the board of trustees of the school district in which the pupil or pupils3-34
attend school shall enter into an agreement providing for the payment of3-35
such tuition as may be agreed upon, but transportation costs must be paid by3-36
the board of trustees of the school district in which the pupil or pupils3-37
reside:3-38
(a) If any are incurred in transporting a pupil or pupils to an adjoining3-39
school district within the state; and3-40
(b) If any are incurred in transporting a pupil or pupils to an adjoining3-41
state, as provided by the agreement.4-1
3. In addition to the provisions for the payment of tuition and4-2
transportation costs for pupils admitted to an adjoining school district as4-3
provided in subsection 2, the agreement may contain provisions for the4-4
payment of reasonable amounts of money to defray the cost of operation,4-5
maintenance and depreciation of capital improvements which can be4-6
allocated to such pupils.4-7
Sec. 4. This act becomes effective on July 1, 1999.~