Assembly Bill No. 127–Assemblymen
Von Tobel, Cegavske, Collins, Gustavson, Hettrick, Nolan and Tiffany
February 13, 2001
____________
Joint Sponsor: Senator Porter
____________
Referred to Committee on Education
SUMMARY—Authorizes school districts and charter
schools to provide programs of distance education for pupils at risk of
dropping out of high school. (BDR 34‑461)
FISCAL NOTE: Effect on Local Government: No.
~
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 school districts and charter schools to provide
programs of distance education for pupils at risk of dropping out of high
school; providing for the submission of applications to the state board of
education to provide programs of distance education; requiring the state board
of education to adopt regulations prescribing the requirements of programs of
distance education; revising provisions governing the apportionments of money
from the state distributive school account to provide for the payment of money
for pupils who are enrolled in programs of distance education; 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 386.550
is hereby amended to read as follows:
1-2 386.550 A charter school
shall:
1-3 1. Comply with all laws and
regulations relating to discrimination and
1-4 civil rights.
1-5 2. Remain nonsectarian,
including, without limitation, in its
1-6 educational programs,
policies for admission and employment practices.
1-7 3. Refrain from charging
tuition or fees, levying taxes or issuing
1-8 bonds.
1-9 4. Comply with any plan for
desegregation ordered by a court that is in
1-10 effect in the school
district in which the charter school is located.
1-11 5. Comply with the
provisions of chapter 241 of NRS.
1-12 6. Except as otherwise
provided in this subsection, schedule and
1-13 provide annually at least as
many days of instruction as are required of
2-1 other public schools located
in the same school district as the charter
2-2 school is located. The
governing body of a charter school may submit a
2-3 written request to the
superintendent of public instruction for a waiver from
2-4 providing the days of
instruction required by this subsection. The
2-5 superintendent of public
instruction may grant such a request if the
2-6 governing body demonstrates
to the satisfaction of the superintendent that:
2-7 (a) Extenuating circumstances exist to justify the waiver; and
2-8 (b) The charter school will provide at least as many hours or
minutes of
2-9 instruction as would be
provided under a program consisting of 180 days.
2-10 7. Cooperate with the board
of trustees of the school district in the
2-11 administration of the
achievement and proficiency examinations
2-12 administered pursuant to NRS
389.015 and the examinations required
2-13 pursuant to NRS 389.550 to
the pupils who are enrolled in the charter
2-14 school.
2-15 8. Comply with applicable
statutes and regulations governing the
2-16 achievement and proficiency
of pupils in this state.
2-17 9. Provide instruction in
the core academic subjects set forth in
2-18 subsection 1 of NRS 389.018,
as applicable for the grade levels of pupils
2-19 who are enrolled in the
charter school, and provide at least the courses of
2-20 instruction that are
required of pupils by statute or regulation for promotion
2-21 to the next grade or graduation
from a public high school and require the
2-22 pupils who are enrolled in
the charter school to take those courses of study.
2-23 This subsection does not
preclude a charter school from offering, or
2-24 requiring the pupils who are
enrolled in the charter school to take, other
2-25 courses of study that are
required by statute or regulation.
2-26 10. Refrain from using
public money to purchase real property or
2-27 buildings without the
approval of the sponsor.
2-28 11. Hold harmless,
indemnify and defend the sponsor of the charter
2-29 school against any claim or
liability arising from an act or omission by the
2-30 governing body of the
charter school or an employee or officer of the
2-31 charter school. An action at
law may not be maintained against the sponsor
2-32 of a charter school for any
cause of action for which the charter school has
2-33 obtained liability
insurance.
2-34 12. Provide written notice
to the parents or legal guardians of pupils in
2-35 grades 9 to 12, inclusive,
who are enrolled in the charter school of whether
2-36 the charter school is
accredited by the Commission on Schools of the
2-37 Northwest Association of
Schools and Colleges.
2-38 13. Adopt a final budget in
accordance with the regulations adopted by
2-39 the department. A charter
school is not required to adopt a final budget
2-40 pursuant to NRS 354.598 or
otherwise comply with the provisions of
2-41 chapter 354 of NRS.
2-42 14. If the charter school provides a program of
distance education
2-43 pursuant to sections 10 to 21, inclusive, of this act, comply with
all
2-44 statutes and regulations that are applicable to a program of
distance
2-45 education for purposes of the operation of the program, regardless
of
2-46 whether those statutes and regulations impose additional
requirements
2-47 upon the charter school.
3-1 Sec. 2. NRS 386.560 is hereby amended to read as follows:
3-2 386.560 1. The governing body of a charter school may
contract with
3-3 the board of trustees of the
school district in which the charter school is
3-4 located or the University
and Community College System of Nevada for
3-5 the provision of facilities
to operate the charter school or to perform any
3-6 service relating to the
operation of the charter school, including, without
3-7 limitation, transportation
and the provision of health services for the pupils
3-8 who are enrolled in the
charter school.
3-9 2. A charter school may use
any public facility located within the
3-10 school district in which the
charter school is located. A charter school may
3-11 use school buildings owned
by the school district only upon approval of the
3-12 board of trustees of the
school district and during times that are not regular
3-13 school hours.
3-14 3. The board of trustees of
a school district may donate surplus
3-15 personal property of the
school district to a charter school that is located
3-16 within the school district.
3-17 4. [Upon]
Except as otherwise provided in
this subsection, upon the
3-18 request of a parent or legal
guardian of a pupil who is enrolled in a charter
3-19 school, the board of
trustees of the school district in which the charter
3-20 school is located shall
authorize the pupil to participate in a class that is not
3-21 available to the pupil at
the charter school or participate in an
3-22 extracurricular activity,
excluding sports, at a public school within the
3-23 school district if:
3-24 (a) Space for the pupil in the class or extracurricular activity is
3-25 available; and
3-26 (b) The parent or legal guardian demonstrates to the satisfaction
of the
3-27 board of trustees that the
pupil is qualified to participate in the class or
3-28 extracurricular activity.
3-29 If the board of trustees of
a school district authorizes a pupil to participate
3-30 in a class or
extracurricular activity, excluding sports, pursuant to this
3-31 subsection, the board of
trustees is not required to provide transportation
3-32 for the pupil to attend the
class or activity. The provisions
of this
3-33 subsection do not apply to a pupil who is enrolled in a charter
school and
3-34 who desires to participate on a part-time basis in a program of
distance
3-35 education provided by the board of trustees of a school district
pursuant
3-36 to section 18 of this act.
3-37 5. Upon the request of a
parent or legal guardian of a pupil who is
3-38 enrolled in a charter
school, the board of trustees of the school district in
3-39 which the charter school is
located shall authorize the pupil to participate in
3-40 sports at the public school
that he would otherwise be required to attend
3-41 within the school district,
or upon approval of the board of trustees, any
3-42 public school within the
same zone of attendance as the charter school if:
3-43 (a) Space is available for the pupil to participate; and
3-44 (b) The parent or legal guardian demonstrates to the satisfaction
of the
3-45 board of trustees that the
pupil is qualified to participate.
3-46 If the board of trustees of
a school district authorizes a pupil to participate
3-47 in sports pursuant to this
subsection, the board of trustees is not required to
3-48 provide transportation for
the pupil to participate.
4-1 6. The board of trustees of
a school district may revoke its approval for
4-2 a pupil to participate in a
class, extracurricular activity or sports at a public
4-3 school pursuant to
subsections 4 and 5 if the board of trustees or the public
4-4 school determines that the
pupil has failed to comply with applicable
4-5 statutes, or applicable
rules and regulations of the board of trustees, the
4-6 public school or an
association for interscholastic activities. If the board of
4-7 trustees so revokes its
approval, neither the board of trustees nor the public
4-8 school are liable for any
damages relating to the denial of services to the
4-9 pupil.
4-10 Sec. 3. NRS 386.570 is hereby amended to read as follows:
4-11 386.570 1. Each pupil who is enrolled in a charter
school, including,
4-12 without limitation, a pupil
who is enrolled in a program of special
4-13 education in a charter
school, must be included in the count of pupils in the
4-14 school district for the
purposes of apportionments and allowances from the
4-15 state distributive school
account pursuant to NRS 387.121 to 387.126,
4-16 inclusive, unless the pupil
is exempt from compulsory attendance pursuant
4-17 to NRS 392.070. A charter
school is entitled to receive its proportionate
4-18 share of any other money
available from federal, state or local sources that
4-19 the school or the pupils who
are enrolled in the school are eligible to
4-20 receive.
4-21 2. The governing body of a
charter school may negotiate with the
4-22 board of trustees of the
school district and the state board for additional
4-23 money to pay for services
which the governing body wishes to offer.
4-24 3. To determine the amount
of money for distribution to a charter
4-25 school in its first year of
operation, the count of pupils who are enrolled in
4-26 the charter school must
initially be determined 30 days before the
4-27 beginning of the school year
of the school district, based on the number of
4-28 pupils whose applications
for enrollment have been approved by the
4-29 charter school. The count of
pupils who are enrolled in the charter school
4-30 must be revised on the last
day of the first school month of the school
4-31 district in which the
charter school is located for the school year, based on
4-32 the actual number of pupils
who are enrolled in the charter school.
4-33 Pursuant to subsection [2] 5 of NRS 387.124, the
governing body of a
4-34 charter school may request
that the apportionments made to the charter
4-35 school in its first year of
operation be paid to the charter school 30 days
4-36 before the apportionments
are otherwise required to be made.
4-37 4. The governing body of a
charter school may solicit and accept
4-38 donations, money, grants,
property, loans, personal services or other
4-39 assistance for purposes
relating to education from members of the general
4-40 public, corporations or agencies.
The governing body may comply with
4-41 applicable federal laws and
regulations governing the provision of federal
4-42 grants for charter schools.
4-43 5. If a charter school uses
money received from this state to purchase
4-44 real property, buildings,
equipment or facilities, the governing body of the
4-45 charter school shall assign
a security interest in the property, buildings,
4-46 equipment and facilities to
the State of Nevada.
4-47 Sec. 4. NRS 387.123 is hereby amended to read as follows:
4-48 387.123 1. The count of pupils for apportionment
purposes includes
4-49 all pupils who are enrolled
in programs of instruction of the school district ,
5-1 including, without limitation, a program of distance education
provided
5-2 by the school district, or pupils who reside in the county in which the
5-3 school district is located
and are enrolled in any charter school , including,
5-4 without limitation, a program of distance education provided by a
charter
5-5 school, for:
5-6 (a) Pupils in the kindergarten department.
5-7 (b) Pupils in grades 1 to 12, inclusive.
5-8 (c) Pupils not included under paragraph (a) or (b) who are
receiving
5-9 special education pursuant
to the provisions of NRS 388.440 to 388.520,
5-10 inclusive.
5-11 (d) Pupils not
included under paragraph (a) or (b) who reside in the
5-12 county and are enrolled full time in a program of distance
education
5-13 provided by another school district if an agreement is filed with
the
5-14 superintendent of public instruction pursuant to section 18 of this
act.
5-15 (e) Pupils not included
under paragraph (a) or (b) who reside in the
5-16 county and are enrolled part time in a program of distance
education if
5-17 an agreement is filed with the superintendent of public instruction
5-18 pursuant to section 18 or 19 of this act, as applicable.
5-19 (f) Children detained in
detention homes, alternative programs and
5-20 juvenile forestry camps
receiving instruction pursuant to the provisions of
5-21 NRS 388.550, 388.560 and
388.570.
5-22 [(e)] (g) Pupils
who are enrolled in classes pursuant to subsection 4 of
5-23 NRS 386.560.
5-24 [(f)] (h) Pupils
who are enrolled in classes pursuant to subsection 3 or 5
5-25 of NRS 392.070.
5-26 [(g)] (i) Part-time
pupils enrolled in classes and taking courses
5-27 necessary to receive a high
school diploma, excluding those pupils who are
5-28 included in paragraphs (e) [and (f).] , (g) and (h).
5-29 2. The state board shall
establish uniform regulations for counting
5-30 enrollment and calculating
the average daily attendance of pupils. In
5-31 establishing such
regulations for the public schools, the state board:
5-32 (a) Shall divide the school year into 10 school months, each
containing
5-33 20 or fewer school days.
5-34 (b) May divide the pupils in grades 1 to 12, inclusive, into
categories
5-35 composed respectively of
those enrolled in elementary schools and those
5-36 enrolled in secondary
schools.
5-37 (c) Shall prohibit the counting of any pupil specified in
subsection 1
5-38 more than once.
5-39 3. Except as otherwise
provided in subsection 4 and NRS 388.700, the
5-40 state board shall establish
by regulation the maximum pupil-teacher ratio in
5-41 each grade, and for each
subject matter wherever different subjects are
5-42 taught in separate classes,
for each school district of this state which is
5-43 consistent with:
5-44 (a) The maintenance of an acceptable standard of instruction;
5-45 (b) The conditions prevailing in the school district with respect
to the
5-46 number and distribution of
pupils in each grade; and
5-47 (c) Methods of instruction used, which may include educational
5-48 television, team teaching or
new teaching systems or techniques.
6-1 If the superintendent of
public instruction finds that any school district is
6-2 maintaining one or more
classes whose pupil-teacher ratio exceeds the
6-3 applicable maximum, and
unless he finds that the board of trustees of the
6-4 school district has made
every reasonable effort in good faith to comply
6-5 with the applicable
standard, he shall, with the approval of the state board,
6-6 reduce the count of pupils
for apportionment purposes by the percentage
6-7 which the number of pupils
attending those classes is of the total number of
6-8 pupils in the district, and
the state board may direct him to withhold the
6-9 quarterly apportionment
entirely.
6-10 4. [A] The provisions of subsection 3 do not
apply to a charter school
6-11 [is not required to comply with the pupil-teacher ratio prescribed by
the
6-12 state board pursuant to subsection 3.] or a program of distance education
6-13 provided pursuant to sections 10 to 21, inclusive, of this act.
6-14 Sec. 5. NRS 387.1233 is hereby amended to read as follows:
6-15 387.1233 1. Except as otherwise provided in subsection 2,
basic
6-16 support of each school
district must be computed by:
6-17 (a) Multiplying the basic support guarantee per pupil established
for that
6-18 school district for that
school year by the sum of:
6-19 (1) Six-tenths the count of pupils enrolled in the kindergarten
6-20 department on the last day
of the first school month of the school district
6-21 for the school year,
including, without limitation, the count of pupils who
6-22 reside in the county and are
enrolled in any charter school on the last day
6-23 of the first school month of
the school district for the school year.
6-24 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on
the
6-25 last day of the first school
month of the school district for the school year,
6-26 including, without
limitation, the count of pupils who reside in the county
6-27 and are enrolled in any
charter school on the last day of the first school
6-28 month of the school district
for the school year.
6-29 (3) The count of
pupils not included under subparagraph (1) or (2)
6-30 who reside in the county and are enrolled:
6-31 (I) Full time or part
time in a program of distance education
6-32 provided by the school district on the last day of the first school
month of
6-33 the school district for the school year.
6-34 (II) Full time in a
program of distance education provided by
6-35 another school district if an agreement is filed with the
superintendent of
6-36 public instruction pursuant to section 18 of this act, on the last
day of the
6-37 first school month of the school district for the school year.
6-38 (III) In a public school
of the school district and are
6-39 concurrently enrolled part time in a program of distance education
6-40 provided by another school district or a charter school if an
agreement is
6-41 filed with the superintendent of public instruction pursuant to
section 18
6-42 of this act, on the last day of the first school month of the
school district
6-43 for the school year.
6-44 (IV) In a charter school
located within the school district and are
6-45 concurrently enrolled part time in a program of distance education
6-46 provided by a school district or another charter school if an
agreement is
6-47 filed with the superintendent of public instruction pursuant to
section 19
6-48 of this act, on the last day of the first school month of the
school district
6-49 for the school year.
7-1 (4) The count of pupils not
included under subparagraph (1) ,
[or] (2)
7-2 or (3) who are receiving special education pursuant to the provisions of
7-3 NRS 388.440 to 388.520,
inclusive, on the last day of the first school
7-4 month of the school district
for the school year, excluding the count of
7-5 pupils who have not attained
the age of 5 years and who are receiving
7-6 special education pursuant
to subsection 1 of NRS 388.490 on that day.
7-7 [(4)] (5) Six-tenths
the count of pupils who have not attained the age
7-8 of 5 years and who are
receiving special education pursuant to subsection 1
7-9 of NRS 388.490 on the last
day of the first school month of the school
7-10 district for the school year.
7-11 [(5)] (6) The
count of children detained in detention homes,
7-12 alternative programs and
juvenile forestry camps receiving instruction
7-13 pursuant to the provisions
of NRS 388.550, 388.560 and 388.570 on the
7-14 last day of the first school
month of the school district for the school year.
7-15 [(6)] (7) The
count of pupils who are enrolled in classes for at least
7-16 one semester pursuant to
subsection 4 of NRS 386.560 or subsection 3 or 5
7-17 of NRS 392.070, expressed as
a percentage of the total time services are
7-18 provided to those pupils per
school day in proportion to the total time
7-19 services are provided during
a school day to pupils who are counted
7-20 pursuant to subparagraph
(2).
7-21 (b) Multiplying the number of special education program units
7-22 maintained and operated by
the amount per program established for that
7-23 school year.
7-24 (c) Adding the amounts computed in paragraphs (a) and (b).
7-25 2. If the enrollment of
pupils in a school district or a charter school
7-26 that is located within the
school district on the last day of the first school
7-27 month of the school district
for the school year is less than the enrollment
7-28 of pupils in the same school
district or charter school on the last day of the
7-29 first school month of the
school district for the immediately preceding
7-30 school year, the larger
number must be used for purposes of apportioning
7-31 money from the state
distributive school account to that school district or
7-32 charter school pursuant to
NRS 387.124.
7-33 3. Pupils who are excused
from attendance at examinations or have
7-34 completed their work in
accordance with the rules of the board of trustees
7-35 must be credited with
attendance during that period.
7-36 4. Pupils who are
incarcerated in a facility or institution operated by
7-37 the department of prisons
must not be counted for the purpose of
7-38 computing basic support
pursuant to this section. The average daily
7-39 attendance for such pupils
must be reported to the department
. [of
7-40 education.]
7-41 5. Part-time pupils who are
enrolled in courses which are approved by
7-42 the department as meeting
the requirements for an adult to earn a high
7-43 school diploma must not be
counted for the purpose of computing basic
7-44 support pursuant to this
section. The average daily attendance for such
7-45 pupils must be reported to
the department.
7-46 Sec. 6. NRS 387.124 is hereby amended to read as follows:
7-47 387.124 Except as otherwise
provided in this section and NRS
7-48 387.528:
8-1 1. On or before August 1,
November 1, February 1 and May 1 of each
8-2 year, the superintendent of
public instruction shall [, except as otherwise
8-3 provided in subsections 2 and 3,] apportion the state
distributive school
8-4 account in the state general
fund among the several county school districts
8-5 and charter schools in
amounts approximating one-fourth of their
8-6 respective yearly
apportionments less any amount set aside as a reserve.
8-7 The apportionment to a
school district, computed on a yearly basis, equals
8-8 the difference between the
basic support and the local funds available
8-9 pursuant to NRS 387.1235,
minus all the funds attributable to pupils who
8-10 reside in the county but
attend a charter school [.] and all the funds
8-11 attributable to pupils who reside in the county and are enrolled
full time
8-12 or part time in a program of distance education provided by another
8-13 school district or a charter school. No apportionment may be made
to a
8-14 school district if the
amount of the local funds exceeds the amount of basic
8-15 support. The apportionment
to a charter school, computed on a yearly
8-16 basis, is equal to the sum
of the basic support per pupil in the county in
8-17 which the pupil resides plus
the amount of local funds available per pupil
8-18 pursuant to NRS 387.1235 and
all other funds available for public schools
8-19 in the county in which the
pupil resides [.] minus all the funds attributable
8-20 to pupils who are enrolled in the charter school but are
concurrently
8-21 enrolled part time in a program of distance education provided by a
8-22 school district or another charter school. If the apportionment per
pupil to
8-23 a charter school is more
than the amount to be apportioned to the school
8-24 district in which a pupil
who is enrolled in the charter school resides, the
8-25 school district in which the
pupil resides shall pay the difference directly to
8-26 the charter school.
8-27 2. In addition to the apportionments made pursuant to this
section,
8-28 an apportionment must be made to a school district that provides a
8-29 program of distance education for each pupil enrolled full time in
the
8-30 program who does not reside within the school district that
provides the
8-31 program if an agreement is filed for that pupil pursuant to section
18 of
8-32 this act. The amount of the apportionment must be equal to the
amount
8-33 per pupil which would have been received pursuant to subsection 1
by:
8-34 (a) The school district in
which the pupil resides; or
8-35 (b) The school district that
provides the program of distance education
8-36 if the pupil resided within that school district,
8-37 whichever is less. If the amount of the apportionment made pursuant
to
8-38 this subsection for a pupil who is enrolled full time in a program
of
8-39 distance education is less than the amount per pupil which would
have
8-40 been received by the school district in which the pupil resides,
the
8-41 remainder must be paid directly to the school district in which the
pupil
8-42 resides.
8-43 3. In addition to the apportionments made
pursuant to this section,
8-44 an apportionment must be made to a school district or charter
school that
8-45 provides a program of distance education for each pupil who is
enrolled
8-46 part time in the program if an agreement is filed for that pupil
pursuant
8-47 to section 18 or 19 of this act, as applicable. The amount of the
8-48 apportionment must be equal to the percentage of the total time
services
8-49 are provided to the pupil through the program of distance education
per
9-1 school day in proportion to the total time services are provided
during a
9-2 school day to pupils who are counted pursuant to subparagraph (2)
of
9-3 paragraph (a) of subsection 1 of NRS 387.1233 for the school district
in
9-4 which the pupil resides.
9-5 4. In addition to the apportionments made
pursuant to this section,
9-6 an apportionment must be made to a school district or charter
school that
9-7 provides a program of distance education for each child who is
enrolled
9-8 in a private school or receives instruction at home who
participates in a
9-9 class offered through a program of distance education pursuant to
9-10 subsection 5 of NRS 392.070. The amount of the apportionment must
be
9-11 equal to the percentage of the total time services are provided to
the pupil
9-12 through the program of distance education per school day in
proportion
9-13 to the total time services are provided during a school day to
pupils who
9-14 are counted pursuant to subparagraph (2) of paragraph (a) of
subsection
9-15 1 of NRS 387.1233 for the school district in which the pupil
resides.
9-16 5. The governing body of a charter school may submit a
written
9-17 request to the
superintendent of public instruction to receive, in the first
9-18 year of operation of the
charter school, an apportionment 30 days before
9-19 the apportionment is
required to be made pursuant to subsection 1. Upon
9-20 receipt of such a request,
the superintendent of public instruction may
9-21 make the apportionment 30
days before the apportionment is required to be
9-22 made. A charter school may
receive all four apportionments in advance in
9-23 its first year of operation.
9-24 [3.] 6. If the state controller finds that such an
action is needed to
9-25 maintain the balance in the
state general fund at a level sufficient to pay the
9-26 other appropriations from
it, he may pay out the apportionments monthly,
9-27 each approximately
one-twelfth of the yearly apportionment less any
9-28 amount set aside as a
reserve. If such action is needed, the state controller
9-29 shall submit a report to the
department of administration and the fiscal
9-30 analysis division of the
legislative counsel bureau documenting reasons for
9-31 the action.
9-32 Sec. 7. NRS 387.1243 is hereby amended to read as follows:
9-33 387.1243 1. The first apportionment based on an estimated
number
9-34 of pupils and special
education program units and succeeding
9-35 apportionments are subject
to adjustment from time to time as the need
9-36 therefor may appear.
9-37 2. The apportionments to a
school district may be adjusted during a
9-38 fiscal year by the
department of education, upon approval by the board of
9-39 examiners and the interim
finance committee, if the department of taxation
9-40 and the county assessor in
the county in which the school district is located
9-41 certify to the department of
education that the school district will not
9-42 receive the tax levied
pursuant to subsection 1 of NRS 387.195 on property
9-43 of the Federal Government
located within the county if:
9-44 (a) The leasehold interest, possessory interest, beneficial
interest or
9-45 beneficial use of the
property is subject to taxation pursuant to NRS
9-46 361.157 and 361.159 and one
or more lessees or users of the property are
9-47 delinquent in paying the
tax; and
9-48 (b) The total amount of tax owed but not paid for the fiscal year
by any
9-49 such lessees and users is at
least 5 percent of the proceeds that the school
10-1 district would have received
from the tax levied pursuant to subsection 1 of
10-2 NRS 387.195.
10-3 If a lessee or user pays the
tax owed after the school district’s
10-4 apportionment has been
increased in accordance with the provisions of this
10-5 subsection to compensate for
the tax owed, the school district shall repay to
10-6 the distributive school
account in the state general fund an amount equal to
10-7 the tax received from the
lessee or user for the year in which the school
10-8 district received an
increased apportionment, not to exceed the increase in
10-9 apportionments made to the
school district pursuant to this subsection.
10-10 3. On or before August 1 of
each year, the board of trustees of a school
10-11 district shall provide to
the department, in a format prescribed by the
10-12 department, the count of
pupils calculated pursuant to subparagraph [(6)]
10-13 (7) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
10-14 least one semester during
the immediately preceding school year. The
10-15 count of pupils submitted to
the department must be included in the final
10-16 adjustment computed pursuant
to subsection 4.
10-17 4. A final adjustment for
each school district and charter school must
10-18 be computed as soon as
practicable following the close of the school year,
10-19 but not later than August
25. The final computation must be based upon the
10-20 actual counts of pupils
required to be made for the computation of basic
10-21 support and the limits upon
the support of special education programs,
10-22 except that for any year
when the total enrollment of pupils and children in
10-23 a school district or a
charter school located within the school district
10-24 described in paragraphs (a) [, (b), (c)
and (d)] to (f), inclusive, of
10-25 subsection 1 of NRS 387.123
is greater on the last day of any school month
10-26 of the school district after
the second school month of the school district
10-27 and the increase in
enrollment shows at least:
10-28 (a) A 3-percent gain, basic support as computed from first month
10-29 enrollment for the school
district or charter school must be increased by 2
10-30 percent.
10-31 (b) A 6-percent gain, basic support as computed from first month
10-32 enrollment for the school
district or charter school must be increased by an
10-33 additional 2 percent.
10-34 5. If the final computation
of apportionment for any school district or
10-35 charter school exceeds the
actual amount paid to the school district or
10-36 charter school during the
school year, the additional amount due must be
10-37 paid before September 1. If
the final computation of apportionment for any
10-38 school district or charter
school is less than the actual amount paid to the
10-39 school district or charter
school during the school year, the difference must
10-40 be repaid to the state
distributive school account in the state general fund
10-41 by the school district or
charter school before September 25.
10-42 Sec. 8. NRS 387.185 is hereby amended to read as follows:
10-43 387.185 1. Except as otherwise provided in subsection 2
and NRS
10-44 387.528, all school money
due each county school district must be paid
10-45 over by the state treasurer
to the county treasurer on August 1,
November 1, February 1 and May 1 of each year or as soon thereafter as
10-46 the county treasurer may
apply for it, upon the warrant of the state
10-47 controller drawn in
conformity with the apportionment of the
10-48 superintendent of public
instruction as provided in NRS 387.124.
11-1 2. Except as otherwise
provided in NRS 387.528, if the board of
11-2 trustees of a school
district establishes and administers a separate account
11-3 pursuant to the provisions
of NRS 354.603, all school money due that
11-4 school district must be paid
over by the state treasurer to the school district
11-5 on August 1, November 1,
February 1 and May 1 of each year or as soon
11-6 thereafter as the school
district may apply for it, upon the warrant of the
11-7 state controller drawn in
conformity with the apportionment of the
11-8 superintendent of public
instruction as provided in NRS 387.124.
11-9 3. No county school
district may receive any portion of the public
11-10 school money unless that
school district has complied with the provisions
11-11 of this Title and
regulations adopted pursuant thereto.
11-12 4. Except as otherwise
provided in this subsection, all school money
11-13 due each charter school must
be paid over by the state treasurer to the
11-14 governing body of the
charter school on August 1, November 1, February 1
11-15 and May 1 of each year or as
soon thereafter as the governing body may
11-16 apply for it, upon the
warrant of the state controller drawn in conformity
11-17 with the apportionment of
the superintendent of public instruction as
11-18 provided in NRS 387.124. If
the superintendent of public instruction has
11-19 approved, pursuant to
subsection [2] 5 of
NRS 387.124, a request for
11-20 payment of an apportionment
30 days before the apportionment is
11-21 otherwise required to be
made, the money due to the charter school must be
11-22 paid by the state treasurer
to the governing body of the charter school on
11-23 July 1, October 1, January 1
or April 1, as applicable.
11-24 Sec. 9. Chapter 388 of NRS is hereby amended by adding thereto the
11-25 provisions set forth as
sections 10 to 21, inclusive, of this act.
11-26 Sec. 10. As used in sections
10 to 21, inclusive, of this act, unless the
11-27 context otherwise requires, the words and terms defined in sections
11
11-28 and 12 of this act have the meanings ascribed to them in those
sections.
11-29 Sec. 11. “Distance education”
means instruction which is delivered
11-30 by means of video, computer, television, correspondence or the
Internet
11-31 or other electronic means of communication, or any combination
11-32 thereof, in such a manner that the person supervising or providing
the
11-33 instruction and the pupil receiving the instruction are separated
11-34 geographically for a majority of the time during which the
instruction is
11-35 delivered.
11-36 Sec. 12. “Program of distance
education” means a program
11-37 comprised of one or more courses of study that is designed for
pupils who
11-38 are at risk of dropping out of high school and uses distance
education as
11-39 its primary mechanism for delivery.
11-40 Sec. 13. 1. The board of trustees of a school district or
the
11-41 governing body of a charter school may submit an application to the
state
11-42 board to provide a program of distance education.
11-43 2. An application to provide a program of distance education must
11-44 include:
11-45 (a) All the information
prescribed by the state board by regulation.
11-46 (b) Proof satisfactory to the
state board that the program satisfies all
11-47 applicable statutes and regulations.
11-48 (c) If the applicant is the
board of trustees of a school district and the
11-49 program will be offered for enrollment of pupils on a full-time
basis, a
12-1 written description of the manner in which the board of trustees
will
12-2 determine the affiliation of a pupil with a public school of the
school
12-3 district for purposes of section 20 of this act. The affiliation of
a pupil
12-4 with a public school for purposes of section 20 of this act may be
12-5 determined in accordance with, without limitation, applicable zones
12-6 established by the board of trustees pursuant to NRS 388.040, the
grade
12-7 level of pupils who are enrolled in the program or the level of
12-8 participation of a particular public school of the school district
in the
12-9 operation of the program of distance education.
12-10 3. The state board shall approve an application submitted pursuant
12-11 to this section if the application satisfies the requirements of
sections 10
12-12 to 21, inclusive, of this act, and all other applicable statutes
and
12-13 regulations. The state board shall provide written notice to the
applicant
12-14 of its approval or denial of the application.
12-15 4. If the state board denies an application, the state board shall
12-16 include in the written notice the reasons for the denial and the
12-17 deficiencies of the application. The applicant must be granted 30
days
12-18 after receipt of the written notice to correct any deficiencies
identified in
12-19 the written notice and resubmit the application. The state board
shall
12-20 approve an application that has been resubmitted pursuant to this
12-21 subsection if the application satisfies the requirements of
sections 10 to
12-22 21, inclusive, of this act, and all other applicable statutes and
12-23 regulations.
12-24 Sec. 14. A pupil who is at
risk of dropping out of high school may
12-25 enroll in a program of distance education, including, without
limitation,
12-26 a pupil who:
12-27 1. Because of extenuating circumstances, such as being pregnant, a
12-28 parent, chronically ill or self-supporting, is not able to attend
the classes
12-29 of instruction regularly provided in high school;
12-30 2. Is deficient in the amount of academic credit necessary to
12-31 graduate with pupils his same age;
12-32 3. Is chronically absent from high school; or
12-33 4. Requires instruction on a more personal basis than that regularly
12-34 provided in high school.
12-35 Sec. 15. A program of distance
education may include, without
12-36 limitation:
12-37 1. An opportunity for pupils to participate in the program:
12-38 (a) For a shorter school day
or a longer school day than that regularly
12-39 provided for in high school; and
12-40 (b) During any part of the
calendar year;
12-41 2. An opportunity for pupils to satisfy either:
12-42 (a) The requirements for a
regular high school diploma; or
12-43 (b) The requirements for a
high school diploma for adults; and
12-44 3. Instruction that is provided to pupils individually or in a group.
12-45 Sec. 16. The board of trustees
of a school district or the governing
12-46 body of a charter school that provides a program of distance
education
12-47 shall ensure that each teacher of a course offered through the
program:
12-48 1. Provides the work assignments to each pupil enrolled in the course
12-49 that are necessary for the pupil to complete the course; and
13-1 2. Meets or otherwise communicates with the
pupil at least once each
13-2 week during the course to discuss the pupil’s progress.
13-3 Sec. 17. 1. The attendance of a pupil who is enrolled in
a course
13-4 through a program of distance education must be recorded based upon
13-5 the actual amount of time that the pupil spends for the course
while
13-6 engaged in any of the following activities:
13-7 (a) Logged onto a computer;
13-8 (b) Communicating with the
teacher of the course;
13-9 (c) Viewing materials such
as videos that are required for the course;
13-10 or
13-11 (d) Working on lessons
assigned for the course by the teacher.
13-12 2. A pupil who is enrolled in a course through a program of distance
13-13 education must be awarded credit for the course based upon:
13-14 (a) The completion of the
required number of hours for the course, as
13-15 recorded pursuant to subsection 1;
13-16 (b) Work assignments that are
graded by a licensed teacher; and
13-17 (c) Scores received on a
mid-term examination and a final
13-18 examination that is administered to the pupil under the direct
supervision
13-19 of an employee of the school district or charter school that
provides the
13-20 program of distance education.
13-21 3. Neither the board of trustees of a school district nor the
governing
13-22 body of a charter school that provides a program of distance
education
13-23 may award a high school diploma to a pupil enrolled in the program
13-24 unless the pupil has passed the high school proficiency
examination.
13-25 Sec. 18. 1. Except as otherwise provided in this
subsection, before
13-26 a pupil may enroll full time or part time in a program of distance
13-27 education that is provided by a school district other than the
school
13-28 district in which the pupil resides, the pupil must obtain the
written
13-29 permission of the board of trustees of the school district in which
the
13-30 pupil resides. Before a pupil who is enrolled in a public school of
a
13-31 school district may enroll part time in a program of distance
education
13-32 that is provided by a charter school, the pupil must obtain the
written
13-33 permission of the board of trustees of the school district in which
the
13-34 pupil resides. A pupil who enrolls full time in a program of
distance
13-35 education that is provided by a charter school is not required to
obtain
13-36 the approval of the board of trustees of the school district in
which the
13-37 pupil resides.
13-38 2. If the board of trustees of a school district grants permission
13-39 pursuant to subsection 1, the board of trustees shall enter into a
written
13-40 agreement with the board of trustees or governing body, as
applicable,
13-41 that provides the program of distance education. A separate
agreement
13-42 must be prepared for each year that a pupil enrolls in a program of
13-43 distance education. The written agreement must:
13-44 (a) Contain a statement
prepared by the board of trustees of the school
13-45 district in which the pupil resides indicating that the board of
trustees
13-46 understands that the superintendent of public instruction will make
13-47 appropriate adjustments in the apportionments to the school
district
13-48 pursuant to NRS 387.124 to account for the pupil’s enrollment in
the
13-49 program of distance education;
14-1 (b) If the pupil plans to
enroll part time in the program of distance
14-2 education, contain a statement prepared by the board of trustees of
the
14-3 school district in which the pupil resides and the board of
trustees or
14-4 governing body that provides the program of distance education
setting
14-5 forth the percentage of the total time services will be provided to
the pupil
14-6 through the program of distance education per school day in
proportion
14-7 to the total time services are provided during a school day to
pupils who
14-8 are counted pursuant to subparagraph (2) of paragraph (a) of
subsection
14-9 1 of NRS 387.1233 for the school district in which the pupil
resides;
14-10 (c) Be signed by the board of
trustees of the school district in which
14-11 the pupil resides and the board of trustees or governing body that
14-12 provides the program of distance education; and
14-13 (d) Include any other
information required by the state board by
14-14 regulation.
14-15 3. On or before September 1 of each year, a written agreement must
14-16 be filed with the superintendent of public instruction for each
pupil who
14-17 is enrolled full time or part time in a program of distance
education
14-18 provided by a school district other than the school district in
which the
14-19 pupil resides. On or before September 1 of each year, a written
14-20 agreement must be filed with the superintendent of public
instruction for
14-21 each pupil who is enrolled in a public school of the school
district and
14-22 who is enrolled part time in a program of distance education
provided by
14-23 a charter school. If an agreement is not filed for a pupil who is
enrolled
14-24 in a program of distance education as required by this section, the
14-25 superintendent of public instruction shall not apportion money for
that
14-26 pupil to the board of trustees of the school district in which the
pupil
14-27 resides, or the board of trustees or governing body that provides
the
14-28 program of distance education.
14-29 Sec. 19. 1. If a pupil is enrolled in a charter school, he may enroll
14-30 full time in a program of distance education only if the charter
school in
14-31 which he is enrolled provides the program of distance education.
14-32 2. Before a pupil who is enrolled in a charter school may enroll part
14-33 time in a program of distance education that is provided by a
school
14-34 district or another charter school, the pupil must obtain the
written
14-35 permission of the governing body of the charter school in which the
pupil
14-36 is enrolled.
14-37 3. If the governing body of a charter school grants permission
14-38 pursuant to subsection 2, the governing body shall enter into a
written
14-39 agreement with the board of trustees or governing body, as
applicable,
14-40 that provides the program of distance education. A separate
agreement
14-41 must be prepared for each year that a pupil enrolls in a program of
14-42 distance education. The written agreement must:
14-43 (a) Contain a statement
prepared by the governing body of the charter
14-44 school in which the pupil is enrolled indicating that the governing
body
14-45 understands that the superintendent of public instruction will make
14-46 appropriate adjustments in the apportionments to the charter school
14-47 pursuant to NRS 387.124 to account for the pupil’s enrollment in
the
14-48 program of distance education;
15-1 (b) Contain a statement
prepared by the governing body of the charter
15-2 school in which the pupil is enrolled and the board of trustees or
15-3 governing body that provides the program of distance education
setting
15-4 forth the percentage of the total time services will be provided to
the pupil
15-5 through the program of distance education per school day in
proportion
15-6 to the total time services are provided during a school day to
pupils who
15-7 are counted pursuant to subparagraph (2) of paragraph (a) of
subsection
15-8 1 of NRS 387.1233 for the school district in which the pupil
resides;
15-9 (c) Be signed by the
governing body of the charter in which the pupil
15-10 is enrolled and the board of trustees or governing body that
provides the
15-11 program of distance education; and
15-12 (d) Include any other
information required by the state board by
15-13 regulation.
15-14 4. On or before September 1 of each year, a written agreement must
15-15 be filed with the superintendent of public instruction for each
pupil who
15-16 is enrolled in a charter school and who is enrolled part time in a
program
15-17 of distance education provided by a school district or another
charter
15-18 school. If an agreement is not filed for such a pupil, the
superintendent
15-19 of public instruction shall not apportion money for that pupil to
the
15-20 governing body of the charter school in which the pupil is
enrolled, or
15-21 the board of trustees or governing body that provides the program
of
15-22 distance education.
15-23 Sec. 20. 1. If a pupil is enrolled full time in a program
of distance
15-24 education provided by the board of trustees of a school district,
the board
15-25 of trustees shall declare for each such pupil the public school
within that
15-26 school district to which the pupil is affiliated. Upon the declared
15-27 affiliation, the pupil shall be deemed enrolled in that public
school for
15-28 purposes of all the applicable requirements, statutes, regulations,
rules
15-29 and policies of that public school and school district, including,
without
15-30 limitation:
15-31 (a) Graduation requirements;
15-32 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
15-33 385.391, inclusive;
15-34 (c) Provisions governing the
attendance and truancy of pupils, as set
15-35 forth in NRS 392.040 to 392.220, inclusive; and
15-36 (d) Discipline of pupils.
15-37 2. A pupil who is enrolled full time in a program of distance
15-38 education provided by a charter school shall be deemed enrolled in
the
15-39 charter school. All the applicable requirements, statutes,
regulations,
15-40 rules and policies of that charter school apply to such a pupil,
including,
15-41 without limitation:
15-42 (a) Graduation requirements;
15-43 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
15-44 385.391, inclusive;
15-45 (c) Provisions governing the
attendance and truancy of pupils, as set
15-46 forth in NRS 392.060 to 392.220, inclusive; and
15-47 (d) Discipline of pupils.
15-48 3. Except for a pupil who is enrolled part time in a program of
15-49 distance education pursuant to NRS 392.070, if a pupil is enrolled
part
16-1 time in a program of distance education, all the applicable
requirements,
16-2 statutes, regulations, rules and policies of the public school of
the school
16-3 district in which the pupil is otherwise enrolled or the charter
school in
16-4 which the pupil is otherwise enrolled apply to such a pupil,
including,
16-5 without limitation:
16-6 (a) Graduation requirements;
16-7 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
16-8 385.391, inclusive;
16-9 (c) Provisions governing the
attendance and truancy of pupils, as set
16-10 forth in NRS 392.060 to 392.220, inclusive; and
16-11 (d) Discipline of pupils.
16-12 Sec. 21. 1.
The state board shall adopt regulations
that prescribe:
16-13 (a) The process for
submission of an application by the board of
16-14 trustees of a school district or the governing body of a charter
school to
16-15 provide a program of distance education and the contents of the
16-16 application;
16-17 (b) A method for reporting to
the department the number of pupils
16-18 who are enrolled in a program of distance education and the attendance
16-19 of those pupils;
16-20 (c) The requirements for
assessing the achievement of pupils who are
16-21 enrolled in a program of distance education, which must include,
without
16-22 limitation, the administration of the achievement and proficiency
16-23 examinations required pursuant to NRS 389.015 and 389.550; and
16-24 (d) A written description of
the process pursuant to which the state
16-25 board may revoke its approval for the operation of a program of
distance
16-26 education.
16-27 2. The state board may adopt regulations as it determines are
16-28 necessary to carry out the provisions of sections 10 to 21,
inclusive, of
16-29 this act.
16-30 Sec. 22. NRS 388.090 is hereby amended to read as follows:
16-31 388.090 1. Except as otherwise permitted pursuant to
this section,
16-32 boards of trustees of school
districts shall schedule and provide a minimum
16-33 of 180 days of free school
in the districts under their charge.
16-34 2. The superintendent of
public instruction may, upon application by a
16-35 board of trustees, authorize
a reduction of not more than 15 school days in
16-36 a particular district to
establish or maintain a 12-month school program or a
16-37 program involving
alternative scheduling, if the board of trustees
16-38 demonstrates that the
proposed schedule for the program provides for a
16-39 greater number of minutes of
instruction than would be provided under a
16-40 program consisting of 180
school days. Before authorizing a reduction in
16-41 the number of required
school days pursuant to this subsection, the
16-42 superintendent of public
instruction must find that the proposed schedule
16-43 will be used to alleviate
problems associated with a growth in enrollment
16-44 or overcrowding, or to
establish and maintain a program of alternative
16-45 schooling [.] , including, without limitation, a
program of distance
16-46 education provided by the board of trustees pursuant to sections 10
to 21
16-47 inclusive, of this act.
16-48 3. The superintendent of
public instruction may, upon application by a
16-49 board of trustees, authorize
the addition of minutes of instruction to any
17-1 scheduled day of free school
if days of free school are lost because of any
17-2 interscholastic activity.
Not more than 5 days of free school so lost may be
17-3 rescheduled in this manner.
17-4 4. Each school district
shall schedule at least 3 contingent days of
17-5 school in addition to the
number of days required by this section, which
17-6 must be used if a natural
disaster, inclement weather or an accident
17-7 necessitates the closing of
a majority of the facilities within the district.
17-8 5. If more than 3 days of
free school are lost because a natural disaster,
17-9 inclement weather or an
accident necessitates the closing of a majority of
17-10 the facilities within a
school district, the superintendent of public
17-11 instruction, upon
application by the school district, may permit the
17-12 additional days lost to be
counted as school days in session. The
17-13 application must be
submitted in the manner prescribed by the
17-14 superintendent of public
instruction.
17-15 6. The state board [of education]
shall adopt regulations providing
17-16 procedures for changing
schedules of instruction to be used if a natural
17-17 disaster, inclement weather
or an accident necessitates the closing of a
17-18 particular school within a
school district.
17-19 Sec. 23. NRS 388.537 is hereby amended to read as follows:
17-20 388.537 1. The board of trustees of a school district
may, subject to
17-21 the approval of the state
board, operate an alternative program for the
17-22 education of pupils at risk
of dropping out of high school, including pupils
17-23 who:
17-24 (a) Because of extenuating circumstances, such as their being
pregnant,
17-25 parents, chronically ill or
self-supporting, are not able to attend the classes
17-26 of instruction regularly
provided in high school;
17-27 (b) Are deficient in the amount of academic credit necessary to
graduate
17-28 with pupils their same age;
17-29 (c) Are chronically absent from high school; or
17-30 (d) Require instruction on a more personal basis than that regularly
17-31 provided in high school.
17-32 2. An alternative program
may include:
17-33 (a) A shorter school day, and an opportunity for pupils to attend a
17-34 longer school day, than that
regularly provided in high school.
17-35 (b) An opportunity for pupils to attend classes of instruction
during any
17-36 part of the calendar year.
17-37 (c) A comprehensive curriculum that includes elective classes of
17-38 instruction and occupational
education.
17-39 (d) An opportunity for pupils to obtain academic credit through
17-40 experience gained at work or
while engaged in other activities.
17-41 (e) An opportunity for pupils to satisfy either:
17-42 (1) The requirements for a regular high school diploma; or
17-43 (2) The requirements for a high school diploma for adults.
17-44 (f) The provision of child care for the children of pupils.
17-45 (g) The transportation of pupils to and from classes of instruction.
17-46 (h) The temporary placement of pupils for independent study, if
there
17-47 are extenuating
circumstances which prevent those pupils from attending
17-48 the alternative program on a
daily basis.
18-1 3. Notwithstanding the provisions of this
section to the contrary, if
18-2 the board of trustees of a school district provides a program of
distance
18-3 education for pupils at risk of dropping out of high school
pursuant to
18-4 sections 10 to 21, inclusive, of this act, the board of trustees
shall comply
18-5 with the provisions of those sections and the regulations adopted
18-6 pursuant thereto in its operation of the program.
18-7 Sec. 24. NRS 388.700 is hereby amended to read as follows:
18-8 388.700 1. Except as otherwise provided in subsections
2, 3 and 6,
18-9 after the last day of the
first month of the school year, the ratio in each
18-10 school district of pupils
per class in kindergarten and grades 1, 2 and 3 per
18-11 licensed teacher designated
to teach those classes full time must not exceed
18-12 15 to 1 in classes where
core curriculum is taught. In determining this ratio,
18-13 all licensed educational
personnel who teach kindergarten or grade 1, 2 or
18-14 3 must be counted except
teachers of art, music, physical education or
18-15 special education,
counselors, librarians, administrators, deans and
18-16 specialists.
18-17 2. A school district may,
within the limits of any plan adopted pursuant
18-18 to NRS 388.720, assign a
pupil whose enrollment in a grade occurs after
18-19 the last day of the first
month of the school year to any existing class
18-20 regardless of the number of
pupils in the class.
18-21 3. The state board may grant
to a school district a variance from the
18-22 limitation on the number of
pupils per class set forth in subsection 1 for
18-23 good cause, including the
lack of available financial support specifically
18-24 set aside for the reduction
of pupil-teacher ratios.
18-25 4. The state board shall, on
or before February 1 of each odd-
18-26 numbered year, report to the
legislature on:
18-27 (a) Each variance granted by it during the preceding biennium,
18-28 including the specific
justification for the variance.
18-29 (b) The data reported to it by the various school districts pursuant
to
18-30 subsection 2 of NRS 388.710,
including an explanation of that data, and
18-31 the current pupil-teacher
ratios per class in kindergarten and grades 1, 2
18-32 and 3.
18-33 5. The department shall, on
or before November 15 of each year,
18-34 report to the chief of the
budget division of the department of
18-35 administration and the
fiscal analysis division of the legislative counsel
18-36 bureau:
18-37 (a) The number of teachers employed;
18-38 (b) The number of teachers employed in order to attain the ratio
18-39 required by subsection 1;
18-40 (c) The number of pupils enrolled; and
18-41 (d) The number of teachers assigned to teach in the same classroom
18-42 with another teacher or in
any other arrangement other than one teacher
18-43 assigned to one classroom of
pupils,
18-44 during the current school year
in kindergarten and grades 1, 2 and 3 for
18-45 each school district.
18-46 6. The provisions of this
section do not apply to a charter school [.] or
18-47 to a program of distance education provided pursuant to sections 10
to
18-48 21, inclusive, of this act.
19-1 Sec. 25. NRS 389.017 is hereby amended to read as follows:
19-2 389.017 1. The state board shall prescribe regulations
requiring that
19-3 each board of trustees of a
school district and each governing body of a
19-4 charter school submit to the
superintendent of public instruction and the
19-5 department, in the form and
manner prescribed by the superintendent, the
19-6 results of achievement and
proficiency examinations given in the 4th, 8th,
19-7 10th and 11th grades to
public school pupils of the district and charter
19-8 schools. The state board
shall not include in the regulations any provision
19-9 which would violate the
confidentiality of the test scores of any individual
19-10 pupil.
19-11 2. The results of
examinations must be reported for each school,
19-12 including, without
limitation, each charter school, school district and this
19-13 state as follows:
19-14 (a) The average score, as defined by the department, of pupils who
took
19-15 the examinations under
regular testing conditions; and
19-16 (b) The average score, as defined by the department, of pupils who
took
19-17 the examinations with
modifications or accommodations approved by the
19-18 private entity that created
the examination or, if the department created the
19-19 examination, the department,
if such reporting does not violate the
19-20 confidentiality of the test
scores of any individual pupil.
19-21 3. The department shall
adopt regulations prescribing the requirements
19-22 for reporting the scores of
pupils who:
19-23 (a) Took the examinations under conditions that were not approved by
19-24 the private entity that
created the examination or, if the department created
19-25 the examination, by the
department;
19-26 (b) Are enrolled in special schools for children with disabilities;
19-27 (c) Are enrolled in an alternative program for the education of
pupils at
19-28 risk of dropping out of high
school [;] , including, without limitation, a
19-29 program of distance education that is provided pursuant to sections
10 to
19-30 21, inclusive, of this act; or
19-31 (d) Are detained in a:
19-32 (1) Youth training center;
19-33 (2) Youth center;
19-34 (3) Juvenile forestry camp;
19-35 (4) Detention home;
19-36 (5) Youth camp;
19-37 (6) Juvenile correctional institution; or
19-38 (7) Correctional institution.
19-39 The scores reported pursuant
to this subsection must not be included in the
19-40 average scores reported
pursuant to subsection 2.
19-41 4. Not later than 10 days
after the department receives the results of
19-42 the achievement and
proficiency examinations, the department shall
19-43 transmit a copy of the
results of the examinations administered pursuant to
19-44 NRS 389.015 to the
legislative bureau of educational accountability and
19-45 program evaluation in a
manner that does not violate the confidentiality of
19-46 the test scores of any
individual pupil.
19-47 5. On or before November 1
of each year, each school district and each
19-48 charter school shall report
to the department the following information for
20-1 each examination
administered in the public schools in the school district
20-2 or charter school:
20-3 (a) The examination administered;
20-4 (b) The grade level or levels of pupils to whom the examination was
20-5 administered;
20-6 (c) The costs incurred by the school district or charter school in
20-7 administering each
examination; and
20-8 (d) The purpose, if any, for which the results of the examination
are
20-9 used by the school district
or charter school.
20-10 On or before December 1 of
each year, the department shall transmit to the
20-11 budget division of the
department of administration and the fiscal analysis
20-12 division of the legislative
counsel bureau the information submitted to the
20-13 department pursuant to this
subsection.
20-14 6. The superintendent of
schools of each school district and the
20-15 governing body of each
charter school shall certify that the number of
20-16 pupils who took the
examinations required pursuant to NRS 389.015 is
20-17 equal to the number of
pupils who are enrolled in each school in the school
20-18 district or in the charter
school who are required to take the examinations
20-19 except for those pupils who
are exempt from taking the examinations. A
20-20 pupil may be exempt from
taking the examinations if:
20-21 (a) His primary language is not English and his proficiency in the
20-22 English language is below
the level that the state board determines is
20-23 proficient, as measured by
an assessment of proficiency in the English
20-24 language prescribed by the
state board pursuant to subsection 8; or
20-25 (b) He is enrolled in a program of special education pursuant to NRS
20-26 388.440 to 388.520,
inclusive, and his program of special education
20-27 specifies that he is exempt
from taking the examinations.
20-28 7. In addition to the
information required by subsection 5, the
20-29 superintendent of public
instruction shall:
20-30 (a) Report the number of pupils who were not exempt from taking the
20-31 examinations but were absent
from school on the day that the examinations
20-32 were administered; and
20-33 (b) Reconcile the number of pupils who were required to take the
20-34 examinations with the number
of pupils who were exempt from taking the
20-35 examinations or absent from
school on the day that the examinations were
20-36 administered.
20-37 8. The state board shall
prescribe an assessment of proficiency in the
20-38 English language for pupils
whose primary language is not English to
20-39 determine which pupils are
exempt from the examinations pursuant to
20-40 paragraph (a) of subsection
6.
20-41 Sec. 26. NRS 389.155 is hereby amended to read as follows:
20-42 389.155 1. The state board shall, by regulation,
establish a program
20-43 pursuant to which a pupil
enrolled full time in high school may complete
20-44 any required or elective
course by independent study outside of the normal
20-45 classroom setting.
20-46 2. The regulations must
require that:
20-47 (a) The teacher of the course assign to the pupil the work
assignments
20-48 necessary to complete the
course; and
21-1 (b) The pupil and teacher meet or otherwise communicate with each
21-2 other at least once each
week during the course to discuss the pupil’s
21-3 progress.
21-4 3. The board of trustees in
each school district may, in accordance with
21-5 the regulations adopted
pursuant to subsections 1 and 2, provide for
21-6 independent study by pupils
enrolled full time in high schools in its district.
21-7 A board of trustees that
chooses to allow such study may provide that:
21-8 (a) The pupils participating in the independent study be given
21-9 instruction individually or
in a group.
21-10 (b) The independent study be offered during the regular school day.
21-11 4. The provisions of this section do not apply to a:
21-12 (a) Program of distance
education provided pursuant to sections 10 to
21-13 21, inclusive, of this act; or
21-14 (b) Pupil who is enrolled in
a program of distance education provided
21-15 pursuant to sections 10 to 21, inclusive, of this act.
21-16 Sec. 27. NRS 392.010 is hereby amended to read as follows:
21-17 392.010 Except as to the
attendance of a pupil pursuant to NRS
21-18 392.015 or sections 10 to 21, inclusive, of this act, or
a pupil who is
21-19 ineligible for attendance
pursuant to NRS 392.4675 and except as
21-20 otherwise provided in NRS
392.264 and 392.268:
21-21 1. The board of trustees of
any school district may, with the approval
21-22 of the superintendent of
public instruction:
21-23 (a) Admit to the school or schools of the school district any pupil
or
21-24 pupils living in an
adjoining school district within this state or in an
21-25 adjoining state when the
school district of residence in the adjoining state
21-26 adjoins the receiving Nevada
school district; or
21-27 (b) Pay tuition for pupils residing in the school district but who
attend
21-28 school in an adjoining
school district within this state or in an adjoining
21-29 state when the receiving
district in the adjoining state adjoins the school
21-30 district of Nevada
residence.
21-31 2. With the approval of the
superintendent of public instruction, the
21-32 board of trustees of the
school district in which the pupil or pupils reside
21-33 and the board of trustees of
the school district in which the pupil or pupils
21-34 attend school shall enter
into an agreement providing for the payment of
21-35 such tuition as may be
agreed upon, but transportation costs must be paid
21-36 by the board of trustees of
the school district in which the pupil or pupils
21-37 reside:
21-38 (a) If any are incurred in transporting a pupil or pupils to an
adjoining
21-39 school district within the
state; and
21-40 (b) If any are incurred in transporting a pupil or pupils to an
adjoining
21-41 state, as provided by the
agreement.
21-42 3. In addition to the
provisions for the payment of tuition and
21-43 transportation costs for
pupils admitted to an adjoining school district as
21-44 provided in subsection 2,
the agreement may contain provisions for the
21-45 payment of reasonable
amounts of money to defray the cost of operation,
21-46 maintenance and depreciation
of capital improvements which can be
21-47 allocated to such pupils.
22-1 Sec. 28. NRS 392.035 is hereby amended to read as follows:
22-2 392.035 1. In determining the mobility of pupils in a
school, for any
22-3 purpose, the department
shall divide the sum of the following numbers by
22-4 the cumulative enrollment in
the school:
22-5 (a) The number of late entries or transfers into a school from
another
22-6 school, school district or
state, after the beginning of the school year;
22-7 (b) The number of pupils reentering the school after having
withdrawn
22-8 from the same school; and
22-9 (c) The number of pupils who withdraw for any reason or who are
22-10 dropped for nonattendance.
22-11 2. To determine the
cumulative enrollment of the school pursuant to
22-12 subsection 1, the department
shall add the total number of pupils enrolled
22-13 in programs of instruction
in the school who are included in the count for
22-14 apportionment purposes
pursuant to paragraphs (a) [, (b), (c),
(e) and (f)] to
22-15 (e), inclusive, (g) and (h) of subsection 1 of NRS 387.123 and the number
22-16 of pupils included in
paragraphs (a) and (b) of subsection 1.
22-17 3. The department shall
develop and distribute to the county school
22-18 districts a form upon which
the information necessary to the formula may
22-19 be submitted by the
individual schools.
22-20 Sec. 29. NRS 392.070 is hereby amended to read as follows:
22-21 392.070 1. Attendance required by the provisions of NRS
392.040
22-22 must be excused when
satisfactory written evidence is presented to the
22-23 board of trustees of the
school district in which the child resides that the
22-24 child is receiving at home
or in some other school equivalent instruction of
22-25 the kind and amount approved
by the state board.
22-26 2. The board of trustees of
each school district shall provide programs
22-27 of special education and
related services for children who are exempt from
22-28 compulsory attendance
pursuant to subsection 1 and receive instruction at
22-29 home. The programs of
special education and related services required by
22-30 this section must be made
available:
22-31 (a) Only if a child would otherwise be eligible for participation in
22-32 programs of special
education and related services pursuant to NRS
22-33 388.440 to 388.520,
inclusive;
22-34 (b) In the same manner that the board of trustees provides, as required
22-35 by 20 U.S.C. § 1412, for the
participation of pupils with disabilities who
22-36 are enrolled in private
schools within the school district voluntarily by their
22-37 parents or legal guardians;
and
22-38 (c) In accordance with the same requirements set forth in 20 U.S.C.
§
22-39 1412 which relate to the
participation of pupils with disabilities who are
22-40 enrolled in private schools
within the school district voluntarily by their
22-41 parents or legal guardians.
22-42 3. Except as otherwise
provided in subsection 2 for programs of
22-43 special education and
related services [,] and subsection 5 for programs of
22-44 distance education, upon the request of a parent or legal guardian of a
22-45 child who is enrolled in a
private school or who receives instruction at
22-46 home, the board of trustees
of the school district in which the child resides
22-47 shall authorize the child to
participate in a class that is not available to the
22-48 child at the private school
or home school or participate in an
23-1 extracurricular activity,
excluding sports, at a public school within the
23-2 school district if:
23-3 (a) Space for the child in the class or extracurricular activity is
23-4 available; and
23-5 (b) The parent or legal guardian demonstrates to the satisfaction
of the
23-6 board of trustees that the
child is qualified to participate in the class or
23-7 extracurricular activity.
23-8 If the board of trustees of
a school district authorizes a child to participate
23-9 in a class or
extracurricular activity, excluding sports, pursuant to this
23-10 subsection, the board of
trustees is not required to provide transportation
23-11 for the child to attend the
class or activity.
23-12 4. The board of trustees of
a school district may revoke its approval for
23-13 a pupil to participate in a
class or extracurricular activity at a public school
23-14 pursuant to subsection 3 if
the board of trustees or the public school
23-15 determines that the pupil
has failed to comply with applicable statutes, or
23-16 applicable rules and
regulations of the board of trustees. If the board of
23-17 trustees revokes its
approval, neither the board of trustees nor the public
23-18 school are liable for any
damages relating to the denial of services to the
23-19 pupil.
23-20 5. The board of trustees of a school district or the governing
body of
23-21 a charter school that provides a program of distance education
pursuant
23-22 to sections 10 to 21, inclusive, of this act shall, upon the
request of a
23-23 parent or legal guardian of a child who is enrolled in a private
school or
23-24 who receives instruction at home, authorize the child to
participate in a
23-25 class offered through the program of distance education that is not
23-26 available to the child at the private school or home school or
participate
23-27 in an extracurricular activity offered through the program of
distance
23-28 education if:
23-29 (a) Space for the child in
the class or extracurricular activity is
23-30 available; and
23-31 (b) The parent or legal
guardian demonstrates to the satisfaction of
23-32 the board of trustees or governing body, as applicable, that the
child is
23-33 qualified to participate in the class or extracurricular activity.
23-34 If the board of trustees or governing body, as applicable,
authorizes a
23-35 child to participate in a class or extracurricular activity
pursuant to this
23-36 subsection, the board of trustees or governing body is not required
to
23-37 provide transportation for the child to participate in the class or
activity.
23-38 6. If the board of trustees of a school district other than the
school
23-39 district in which a child resides or the governing body of a
charter school
23-40 authorizes a child to participate in a class or extracurricular
activity
23-41 pursuant to subsection 5, the board of trustees or governing body,
as
23-42 applicable, shall provide written notice of the authorization to
the board
23-43 of trustees of the school district in which the child resides. Upon
receipt
23-44 of the written notice, the board of trustees of the school district
in which
23-45 the child resides shall enter into a written agreement with the
board of
23-46 trustees or governing body that provides the program of distance
23-47 education. A separate agreement must be prepared for each year that
a
23-48 child participates in a class or extracurricular activity offered
through a
23-49 program of distance education. The written agreement must:
24-1 (a) Contain a statement
prepared by the board of trustees of the school
24-2 district in which the child resides indicating that the board of
trustees
24-3 understands that the child will be included in the calculation of
basic
24-4 support for the school district pursuant to subparagraph (7) of
paragraph
24-5 (a) of subsection 1 of NRS 387.1233 and that the superintendent of
24-6 public instruction will make appropriate adjustments in the
24-7 apportionments to the school district pursuant to NRS 387.124 to
account
24-8 for the child’s enrollment in the program of distance education;
24-9 (b) Contain a statement
prepared by the board of trustees of the school
24-10 district in which the child resides and the board of trustees or
governing
24-11 body that provides the program of distance education setting forth
the
24-12 percentage of the total time services will be provided to the child
through
24-13 the program of distance education per school day in proportion to
the
24-14 total time services are provided during a school day to pupils who
are
24-15 counted pursuant to subparagraph (2) of paragraph (a) of subsection
1
24-16 of NRS 387.1233 for the school district in which the pupil resides;
24-17 (c) Be signed by the board of
trustees of the school district in which
24-18 the child resides and the board of trustees or governing body, as
24-19 applicable, that provides the program of distance education; and
24-20 (d) Include any other
information required by the state board by
24-21 regulation.
24-22 7. On or before September 1 of each year, a written agreement must
24-23 be filed with the superintendent of public instruction for each
child who
24-24 participates in a program of distance education pursuant to
subsection 5.
24-25 The superintendent of public instruction shall apportion money for
that
24-26 child in accordance with subsection 4 of NRS 387.124 regardless of
24-27 whether an agreement has been filed as required by this section if
the
24-28 child was included in the count for basic support pursuant to NRS
24-29 387.1233.
24-30 8. The board of trustees of a school district or the governing body
of
24-31 a charter school, as applicable, may revoke its approval for a
child to
24-32 participate in a class or extracurricular activity pursuant to
subsection 5
24-33 if the board of trustees or governing body determines that the
child has
24-34 failed to comply with applicable statutes, or applicable rules and
24-35 regulations. If the board of trustees or governing body revokes its
24-36 approval, neither the board of trustees or governing body, as
applicable,
24-37 nor the program of distance education are liable for any damages
24-38 relating to the denial of services to the child.
24-39 9. The programs of special education and related services required by
24-40 subsection 2 may be offered
at a public school or another location that is
24-41 appropriate.
24-42 [6.] 10. The department may adopt such regulations as
are necessary
24-43 for the boards of trustees
of school districts to provide the programs of
24-44 special education and
related services required by subsection 2.
24-45 [7.] 11. As used in this section, “related services”
has the meaning
24-46 ascribed to it in 20 U.S.C.
§ 1401(22).
24-47 Sec. 30. On or before April 1, 2002, the state board of education shall
24-48 adopt regulations required
by section 21 of this act.
25-1 Sec. 31. The state board of education shall accept applications to
25-2 provide programs of distance
education in accordance with section 13 of
25-3 this act for programs that
will commence operation with the 2002-2003
25-4 school year. If any
deadlines contained within the regulations adopted by
25-5 the state board of education
pursuant to section 21 of this act prohibit a
25-6 school district or charter
school from submitting an application for the
25-7 2002-2003 school year, the
state board of education shall grant a shorter
25-8 period for a school district
or charter school to submit an application for
25-9 the 2002-2003 school year
notwithstanding the provisions of those
25-10 regulations.
25-11 Sec. 32. 1. This section and
sections 21, 30 and 31 of this act
25-12 become effective upon
passage and approval.
25-13 2. Sections 1 to 20
inclusive, and 22 to 29, inclusive, of this act
25-14 become effective on July 1,
2002.
25-15 H