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 388.040 is hereby amended to read as follows:

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

1-11 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

1-19 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 board of trustees of a school district approves an application,

2-37 the board of trustees shall enter into a written agreement with the pupil

2-38 which may include, without limitation, conditions of behavior with which

2-39 the pupil must comply while enrolled in the public school and a minimum

2-40 grade-point average that the pupil must maintain while enrolled in the

2-41 public school. If a pupil satisfies the conditions of the agreement, he may

2-42 remain in the public school for succeeding school years without

3-1 submitting an application pursuant to this section if space for the pupil is

3-2 available. If space for the pupil is not available in that public school, he

3-3 may return to the public school that he is otherwise required to attend or

3-4 submit an application pursuant to this section to attend another public

3-5 school. If a pupil does not satisfy the conditions of the agreement, the

3-6 board of trustees may, upon completion of the school year, revoke its

3-7 approval for the pupil to attend the public school. If the board of trustees

3-8 of a school district revokes its approval, the pupil may return to the public

3-9 school that he is otherwise required to attend or submit an application

3-10 pursuant to this section to attend another public school.

3-11 7. If a pupil attends a public school pursuant to this section:

3-12 (a) The pupil must be included in the count of pupils in the school

3-13 district in which the pupil attends school for the purposes of

3-14 apportionments and allowances from the state distributive school account

3-15 pursuant to NRS 387.121 to 387.126, inclusive.

3-16 (b) The pupil may return to the public school that he is otherwise

3-17 required to attend if the parents, legal guardian or custodial parent of the

3-18 pupil provide written notice of that desire to the board of trustees of the

3-19 school district in which the pupil resides. If a pupil attends a public

3-20 school outside the county in which the pupil resides and he returns to the

3-21 public school that he is otherwise required to attend during the school

3-22 year, appropriate adjustments must be made for that school year in the

3-23 computation of apportionments for the two school districts.

3-24 (c) Neither the board of trustees of the school district in which the

3-25 pupil attends school nor the board of trustees of the school district in

3-26 which the pupil resides is required to provide transportation for the pupil

3-27 to attend the school.

3-28 Sec. 3. NRS 392.010 is hereby amended to read as follows:

3-29 392.010 Except as to the attendance of a pupil pursuant to NRS

4-1 2. With the approval of the superintendent of public instruction, the

4-2 board of trustees of the school district in which the pupil or pupils reside

4-3 and the board of trustees of the school district in which the pupil or pupils

4-4 attend school shall enter into an agreement providing for the payment of

4-5 such tuition as may be agreed upon, but transportation costs must be paid by

4-6 the board of trustees of the school district in which the pupil or pupils

4-7 reside:

4-8 (a) If any are incurred in transporting a pupil or pupils to an adjoining

4-9 school district within the state; and

4-10 (b) If any are incurred in transporting a pupil or pupils to an adjoining

4-11 state, as provided by the agreement.

4-12 3. In addition to the provisions for the payment of tuition and

4-13 transportation costs for pupils admitted to an adjoining school district as

4-14 provided in subsection 2, the agreement may contain provisions for the

4-15 payment of reasonable amounts of money to defray the cost of operation,

4-16 maintenance and depreciation of capital improvements which can be

4-17 allocated to such pupils.

4-18 Sec. 4. This act becomes effective on July 1, 1999.