(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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 reports of accountability made by school districts and charter schools to include 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 385.351 is hereby amended to read as follows:

1-2    385.351  1.  On or before April 15 of each year, the board of trustees

1-3  of each school district shall submit the report required pursuant to

1-4  subsection 2 of NRS 385.347 to the:

1-5    (a) Governor;

1-6    (b) State board;

1-7    (c) Department;

1-8    (d) Committee; and

1-9    (e) Bureau.

1-10    2.  On or before April 15 of each year, the board of trustees of each

1-11  school district shall submit the information prepared by the board of

2-1  trustees pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the

2-2  commission on educational technology created pursuant to NRS 388.790.

2-3    3.  On or before June 15 of each year, the board of trustees of each

2-4  school district shall:

2-5    (a) Prepare:

2-6       (1) A separate written report summarizing the effectiveness of the

2-7  district’s program of accountability. The report must include:

2-8         (I) A review and analysis of the data upon which the report

2-9  required pursuant to subsection 2 of NRS 385.347 is based and a review

2-10  and analysis of any data that is more recent than the data upon which the

2-11  report is based;

2-12        (II) The identification of any problems or factors at individual

2-13  schools that are revealed by the review and analysis;

2-14        (III) If the board of trustees provides a program of distance

2-15  education pursuant to sections 10 to 21, inclusive, of this act, the

2-16  identification of any problems or factors of the program that are revealed

2-17  by the review and analysis;

2-18        (IV) A summary of the efforts that the school district has made or

2-19  intends to make in response to the deficiencies or in response to the

2-20  recommendations identified in the report submitted to the district pursuant

2-21  to paragraph (b) of subsection 1 of NRS 385.359; and

2-22        [(IV)] (V) A description of the progress that the school district has

2-23  achieved, if any, as a result of the recommendations submitted pursuant to

2-24  paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any

2-25  other analyses made in preceding years.

2-26      (2) A written procedure to improve the achievement of pupils who

2-27  are enrolled in schools within the district [,] and who are enrolled in

2-28  programs of distance education provided by the board of trustees of the

2-29  school district, if applicable, including, but not limited to, a description of

2-30  the efforts the district has made to correct any deficiencies identified in the

2-31  written report required pursuant to subparagraph (1). The written procedure

2-32  must describe sources of data that will be used by the board of trustees to

2-33  evaluate the effectiveness of the written procedure.

2-34    (b) Submit copies of the written report and written procedure required

2-35  pursuant to paragraph (a) to the:

2-36      (1) Governor;

2-37      (2) State board;

2-38      (3) Department;

2-39      (4) Committee; and

2-40      (5) Bureau.

2-41    4.  The department shall maintain a record of the information that it

2-42  receives from each school district pursuant to this section in such a manner

2-43  as will allow the department to create for each school a yearly profile of

2-44  information.

2-45    5.  The board of trustees of each school district shall ensure that a copy

2-46  of the written report and written procedure required pursuant to paragraph

2-47  (a) of subsection 3 is included with the final budget of the school district

2-48  adopted pursuant to NRS 354.598.

 

3-1    Section 1.5. NRS 386.550 is hereby amended to read as follows:

3-2    386.550  A charter school shall:

3-3    1.  Comply with all laws and regulations relating to discrimination and

3-4  civil rights.

3-5    2.  Remain nonsectarian, including, without limitation, in its

3-6  educational programs, policies for admission and employment practices.

3-7    3.  Refrain from charging tuition or fees, levying taxes or issuing

3-8  bonds.

3-9    4.  Comply with any plan for desegregation ordered by a court that is in

3-10  effect in the school district in which the charter school is located.

3-11    5.  Comply with the provisions of chapter 241 of NRS.

3-12    6.  Except as otherwise provided in this subsection, schedule and

3-13  provide annually at least as many days of instruction as are required of

3-14  other public schools located in the same school district as the charter

3-15  school is located. The governing body of a charter school may submit a

3-16  written request to the superintendent of public instruction for a waiver from

3-17  providing the days of instruction required by this subsection. The

3-18  superintendent of public instruction may grant such a request if the

3-19  governing body demonstrates to the satisfaction of the superintendent that:

3-20    (a) Extenuating circumstances exist to justify the waiver; and

3-21    (b) The charter school will provide at least as many hours or minutes of

3-22  instruction as would be provided under a program consisting of 180 days.

3-23    7.  Cooperate with the board of trustees of the school district in the

3-24  administration of the achievement and proficiency examinations

3-25  administered pursuant to NRS 389.015 and the examinations required

3-26  pursuant to NRS 389.550 to the pupils who are enrolled in the charter

3-27  school.

3-28    8.  Comply with applicable statutes and regulations governing the

3-29  achievement and proficiency of pupils in this state.

3-30    9.  Provide instruction in the core academic subjects set forth in

3-31  subsection 1 of NRS 389.018, as applicable for the grade levels of pupils

3-32  who are enrolled in the charter school, and provide at least the courses of

3-33  instruction that are required of pupils by statute or regulation for promotion

3-34  to the next grade or graduation from a public high school and require the

3-35  pupils who are enrolled in the charter school to take those courses of study.

3-36  This subsection does not preclude a charter school from offering, or

3-37  requiring the pupils who are enrolled in the charter school to take, other

3-38  courses of study that are required by statute or regulation.

3-39    10.  Refrain from using public money to purchase real property or

3-40  buildings without the approval of the sponsor.

3-41    11.  Hold harmless, indemnify and defend the sponsor of the charter

3-42  school against any claim or liability arising from an act or omission by the

3-43  governing body of the charter school or an employee or officer of the

3-44  charter school. An action at law may not be maintained against the sponsor

3-45  of a charter school for any cause of action for which the charter school has

3-46  obtained liability insurance.

3-47    12.  Provide written notice to the parents or legal guardians of pupils in

3-48  grades 9 to 12, inclusive, who are enrolled in the charter school of whether

4-1  the charter school is accredited by the Commission on Schools of the

4-2  Northwest Association of Schools and Colleges.

4-3    13.  Adopt a final budget in accordance with the regulations adopted by

4-4  the department. A charter school is not required to adopt a final budget

4-5  pursuant to NRS 354.598 or otherwise comply with the provisions of

4-6  chapter 354 of NRS.

4-7    14.  If the charter school provides a program of distance education

4-8  pursuant to sections 10 to 21, inclusive, of this act, comply with all

4-9  statutes and regulations that are applicable to a program of distance

4-10  education for purposes of the operation of the program, regardless of

4-11  whether those statutes and regulations impose additional requirements

4-12  upon the charter school.

4-13    Sec. 2.  NRS 386.560 is hereby amended to read as follows:

4-14    386.560  1.  The governing body of a charter school may contract with

4-15  the board of trustees of the school district in which the charter school is

4-16  located or the University and Community College System of Nevada for

4-17  the provision of facilities to operate the charter school or to perform any

4-18  service relating to the operation of the charter school, including, without

4-19  limitation, transportation and the provision of health services for the pupils

4-20  who are enrolled in the charter school.

4-21    2.  A charter school may use any public facility located within the

4-22  school district in which the charter school is located. A charter school may

4-23  use school buildings owned by the school district only upon approval of the

4-24  board of trustees of the school district and during times that are not regular

4-25  school hours.

4-26    3.  The board of trustees of a school district may donate surplus

4-27  personal property of the school district to a charter school that is located

4-28  within the school district.

4-29    4.  [Upon] Except as otherwise provided in this subsection, upon the

4-30  request of a parent or legal guardian of a pupil who is enrolled in a charter

4-31  school, the board of trustees of the school district in which the charter

4-32  school is located shall authorize the pupil to participate in a class that is not

4-33  available to the pupil at the charter school or participate in an

4-34  extracurricular activity, excluding sports, at a public school within the

4-35  school district if:

4-36    (a) Space for the pupil in the class or extracurricular activity is

4-37  available; and

4-38    (b) The parent or legal guardian demonstrates to the satisfaction of the

4-39  board of trustees that the pupil is qualified to participate in the class or

4-40  extracurricular activity.

4-41  If the board of trustees of a school district authorizes a pupil to participate

4-42  in a class or extracurricular activity, excluding sports, pursuant to this

4-43  subsection, the board of trustees is not required to provide transportation

4-44  for the pupil to attend the class or activity. The provisions of this

4-45  subsection do not apply to a pupil who is enrolled in a charter school and

4-46  who desires to participate on a part-time basis in a program of distance

4-47  education provided by the board of trustees of a school district pursuant

4-48  to sections 10 to 21, inclusive, of this act.

5-1    5.  Upon the request of a parent or legal guardian of a pupil who is

5-2  enrolled in a charter school, the board of trustees of the school district in

5-3  which the charter school is located shall authorize the pupil to participate in

5-4  sports at the public school that he would otherwise be required to attend

5-5  within the school district, or upon approval of the board of trustees, any

5-6  public school within the same zone of attendance as the charter school if:

5-7    (a) Space is available for the pupil to participate; and

5-8    (b) The parent or legal guardian demonstrates to the satisfaction of the

5-9  board of trustees that the pupil is qualified to participate.

5-10  If the board of trustees of a school district authorizes a pupil to participate

5-11  in sports pursuant to this subsection, the board of trustees is not required to

5-12  provide transportation for the pupil to participate.

5-13    6.  The board of trustees of a school district may revoke its approval for

5-14  a pupil to participate in a class, extracurricular activity or sports at a public

5-15  school pursuant to subsections 4 and 5 if the board of trustees or the public

5-16  school determines that the pupil has failed to comply with applicable

5-17  statutes, or applicable rules and regulations of the board of trustees, the

5-18  public school or an association for interscholastic activities. If the board of

5-19  trustees so revokes its approval, neither the board of trustees nor the public

5-20  school are liable for any damages relating to the denial of services to the

5-21  pupil.

5-22    Sec. 3.  NRS 386.570 is hereby amended to read as follows:

5-23    386.570  1.  Each pupil who is enrolled in a charter school, including,

5-24  without limitation, a pupil who is enrolled in a program of special

5-25  education in a charter school, must be included in the count of pupils in the

5-26  school district for the purposes of apportionments and allowances from the

5-27  state distributive school account pursuant to NRS 387.121 to 387.126,

5-28  inclusive, unless the pupil is exempt from compulsory attendance pursuant

5-29  to NRS 392.070. A charter school is entitled to receive its proportionate

5-30  share of any other money available from federal, state or local sources that

5-31  the school or the pupils who are enrolled in the school are eligible to

5-32  receive.

5-33    2.  The governing body of a charter school may negotiate with the

5-34  board of trustees of the school district and the state board for additional

5-35  money to pay for services which the governing body wishes to offer.

5-36    3.  To determine the amount of money for distribution to a charter

5-37  school in its first year of operation, the count of pupils who are enrolled in

5-38  the charter school must initially be determined 30 days before the

5-39  beginning of the school year of the school district, based on the number of

5-40  pupils whose applications for enrollment have been approved by the

5-41  charter school. The count of pupils who are enrolled in the charter school

5-42  must be revised on the last day of the first school month of the school

5-43  district in which the charter school is located for the school year, based on

5-44  the actual number of pupils who are enrolled in the charter school.

5-45  Pursuant to subsection [2] 5 of NRS 387.124, the governing body of a

5-46  charter school may request that the apportionments made to the charter

5-47  school in its first year of operation be paid to the charter school 30 days

5-48  before the apportionments are otherwise required to be made.

6-1    4.  The governing body of a charter school may solicit and accept

6-2  donations, money, grants, property, loans, personal services or other

6-3  assistance for purposes relating to education from members of the general

6-4  public, corporations or agencies. The governing body may comply with

6-5  applicable federal laws and regulations governing the provision of federal

6-6  grants for charter schools.

6-7    5.  If a charter school uses money received from this state to purchase

6-8  real property, buildings, equipment or facilities, the governing body of the

6-9  charter school shall assign a security interest in the property, buildings,

6-10  equipment and facilities to the State of Nevada.

6-11    Sec. 3.5.  NRS 386.605 is hereby amended to read as follows:

6-12    386.605  1.  On or before April 15 of each year, the governing body of

6-13  each charter school shall submit the information concerning the charter

6-14  school that is contained in the report required pursuant to subsection 2 of

6-15  NRS 385.347 to the:

6-16    (a) Governor;

6-17    (b) State board;

6-18    (c) Department;

6-19    (d) Legislative committee on education created pursuant to NRS

6-20  218.5352; and

6-21    (e) Legislative bureau of educational accountability and program

6-22  evaluation created pursuant to NRS 218.5356.

6-23    2.  On or before April 15 of each year, the governing body of each

6-24  charter school shall submit the information prepared by the governing body

6-25  that is contained in the report pursuant to paragraph (t) of subsection 2 of

6-26  NRS 385.347 to the commission on educational technology created

6-27  pursuant to NRS 388.790.

6-28    3.  On or before June 15 of each year, the governing body of each

6-29  charter school shall:

6-30    (a) Prepare:

6-31      (1) A separate written report summarizing the effectiveness of the

6-32  charter school’s program of accountability. The report must include:

6-33        (I) A review and analysis of the data upon which the report

6-34  required pursuant to subsection 2 of NRS 385.347 is based and a review

6-35  and analysis of any data that is more recent than the data upon which the

6-36  report is based; [and]

6-37        (II) The identification of any problems or factors at the charter

6-38  school that are revealed by the review and analysis [.] ; and

6-39        (III) If the governing body provides a program of distance

6-40  education pursuant to sections 10 to 21, inclusive, of this act, the

6-41  identification of any problems or factors of the program that are revealed

6-42  by the review and analysis.

6-43      (2) A written procedure to improve the achievement of pupils who

6-44  are enrolled in the charter school [,] and pupils who are enrolled in

6-45  programs of distance education provided by the governing body, if

6-46  applicable, including, but not limited to, a description of the efforts the

6-47  governing body has made to correct any deficiencies identified in the

6-48  written report required pursuant to subparagraph (1). The written procedure

7-1  must describe sources of data that will be used by the governing body to

7-2  evaluate the effectiveness of the written procedure.

7-3    (b) Submit copies of the written report and written procedure required

7-4  pursuant to paragraph (a) to the:

7-5       (1) Governor;

7-6       (2) State board;

7-7       (3) Department;

7-8       (4) Legislative committee on education created pursuant to NRS

7-9  218.5352; and

7-10      (5) Legislative bureau of educational accountability and program

7-11  evaluation created pursuant to NRS 218.5356.

7-12    4.  The department shall maintain a record of the information that it

7-13  receives from each charter school pursuant to this section in such a manner

7-14  as will allow the department to create for each charter school a yearly

7-15  profile of information.

7-16    5.  The governing body of each charter school shall ensure that a copy

7-17  of the written report and written procedure required pursuant to paragraph

7-18  (a) of subsection 3 is included with the final budget of the charter school

7-19  adopted by the governing body of the charter school pursuant to the

7-20  regulations of the department.

7-21    6.  The legislative bureau of educational accountability and program

7-22  evaluation created pursuant to NRS 218.5356 may authorize a person or

7-23  entity with whom it contracts pursuant to NRS 385.359 to review and

7-24  analyze information submitted by charter schools pursuant to this section,

7-25  consult with the governing bodies of charter schools and submit written

7-26  reports concerning charter schools pursuant to NRS 385.359.

7-27    Sec. 4.  NRS 387.123 is hereby amended to read as follows:

7-28    387.123  1.  The count of pupils for apportionment purposes includes

7-29  all pupils who are enrolled in programs of instruction of the school district ,

7-30  including, without limitation, a program of distance education provided

7-31  by the school district, or pupils who reside in the county in which the

7-32  school district is located and are enrolled in any charter school , including,

7-33  without limitation, a program of distance education provided by a charter

7-34  school, for:

7-35    (a) Pupils in the kindergarten department.

7-36    (b) Pupils in grades 1 to 12, inclusive.

7-37    (c) Pupils not included under paragraph (a) or (b) who are receiving

7-38  special education pursuant to the provisions of NRS 388.440 to 388.520,

7-39  inclusive.

7-40    (d) Pupils not included under paragraph (a) or (b) who reside in the

7-41  county and are enrolled full time in a program of distance education

7-42  provided by another school district if an agreement is filed with the

7-43  superintendent of public instruction pursuant to section 18 of this act.

7-44    (e) Pupils not included under paragraph (a) or (b) who reside in the

7-45  county and are enrolled part time in a program of distance education if

7-46  an agreement is filed with the superintendent of public instruction

7-47  pursuant to section 18 or 19 of this act, as applicable.

8-1    (f) Children detained in detention homes, alternative programs and

8-2  juvenile forestry camps receiving instruction pursuant to the provisions of

8-3  NRS 388.550, 388.560 and 388.570.

8-4    [(e)] (g) Pupils who are enrolled in classes pursuant to subsection 4 of

8-5  NRS 386.560.

8-6    [(f)] (h) Pupils who are enrolled in classes pursuant to subsection 3 or 5

8-7  of NRS 392.070.

8-8    [(g)] (i) Part-time pupils enrolled in classes and taking courses

8-9  necessary to receive a high school diploma, excluding those pupils who are

8-10  included in paragraphs (e) [and (f).] , (g) and (h).

8-11    2.  The state board shall establish uniform regulations for counting

8-12  enrollment and calculating the average daily attendance of pupils. In

8-13  establishing such regulations for the public schools, the state board:

8-14    (a) Shall divide the school year into 10 school months, each containing

8-15  20 or fewer school days.

8-16    (b) May divide the pupils in grades 1 to 12, inclusive, into categories

8-17  composed respectively of those enrolled in elementary schools and those

8-18  enrolled in secondary schools.

8-19    (c) Shall prohibit the counting of any pupil specified in subsection 1

8-20  more than once.

8-21    3.  Except as otherwise provided in subsection 4 and NRS 388.700, the

8-22  state board shall establish by regulation the maximum pupil-teacher ratio in

8-23  each grade, and for each subject matter wherever different subjects are

8-24  taught in separate classes, for each school district of this state which is

8-25  consistent with:

8-26    (a) The maintenance of an acceptable standard of instruction;

8-27    (b) The conditions prevailing in the school district with respect to the

8-28  number and distribution of pupils in each grade; and

8-29    (c) Methods of instruction used, which may include educational

8-30  television, team teaching or new teaching systems or techniques.

8-31  If the superintendent of public instruction finds that any school district is

8-32  maintaining one or more classes whose pupil-teacher ratio exceeds the

8-33  applicable maximum, and unless he finds that the board of trustees of the

8-34  school district has made every reasonable effort in good faith to comply

8-35  with the applicable standard, he shall, with the approval of the state board,

8-36  reduce the count of pupils for apportionment purposes by the percentage

8-37  which the number of pupils attending those classes is of the total number of

8-38  pupils in the district, and the state board may direct him to withhold the

8-39  quarterly apportionment entirely.

8-40    4.  [A] The provisions of subsection 3 do not apply to a charter school

8-41  [is not required to comply with the pupil-teacher ratio prescribed by the

8-42  state board pursuant to subsection 3.] or a program of distance education

8-43  provided pursuant to sections 10 to 21, inclusive, of this act.

8-44    Sec. 5.  NRS 387.1233 is hereby amended to read as follows:

8-45    387.1233  1.  Except as otherwise provided in subsection 2, basic

8-46  support of each school district must be computed by:

8-47    (a) Multiplying the basic support guarantee per pupil established for that

8-48  school district for that school year by the sum of:

9-1       (1) Six-tenths the count of pupils enrolled in the kindergarten

9-2  department on the last day of the first school month of the school district

9-3  for the school year, including, without limitation, the count of pupils who

9-4  reside in the county and are enrolled in any charter school on the last day

9-5  of the first school month of the school district for the school year.

9-6       (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

9-7  last day of the first school month of the school district for the school year,

9-8  including, without limitation, the count of pupils who reside in the county

9-9  and are enrolled in any charter school on the last day of the first school

9-10  month of the school district for the school year.

9-11      (3) The count of pupils not included under subparagraph (1) or (2)

9-12  who reside in the county and are enrolled:

9-13        (I) Full time or part time in a program of distance education

9-14  provided by the school district on the last day of the first school month of

9-15  the school district for the school year.

9-16        (II) Full time in a program of distance education provided by

9-17  another school district if an agreement is filed with the superintendent of

9-18  public instruction pursuant to section 18 of this act, on the last day of the

9-19  first school month of the school district for the school year.

9-20        (III) In a public school of the school district and are

9-21  concurrently enrolled part time in a program of distance education

9-22  provided by another school district or a charter school if an agreement is

9-23  filed with the superintendent of public instruction pursuant to section 18

9-24  of this act, on the last day of the first school month of the school district

9-25  for the school year.

9-26        (IV) In a charter school located within the school district and are

9-27  concurrently enrolled part time in a program of distance education

9-28  provided by a school district or another charter school if an agreement is

9-29  filed with the superintendent of public instruction pursuant to section 19

9-30  of this act, on the last day of the first school month of the school district

9-31  for the school year.

9-32      (4) The count of pupils not included under subparagraph (1) , [or] (2)

9-33  or (3) who are receiving special education pursuant to the provisions of

9-34  NRS 388.440 to 388.520, inclusive, on the last day of the first school

9-35  month of the school district for the school year, excluding the count of

9-36  pupils who have not attained the age of 5 years and who are receiving

9-37  special education pursuant to subsection 1 of NRS 388.490 on that day.

9-38      [(4)] (5) Six-tenths the count of pupils who have not attained the age

9-39  of 5 years and who are receiving special education pursuant to subsection 1

9-40  of NRS 388.490 on the last day of the first school month of the school

9-41  district for the school year.

9-42      [(5)] (6) The count of children detained in detention homes,

9-43  alternative programs and juvenile forestry camps receiving instruction

9-44  pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the

9-45  last day of the first school month of the school district for the school year.

9-46      [(6)] (7) The count of pupils who are enrolled in classes for at least

9-47  one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 or 5

9-48  of NRS 392.070, expressed as a percentage of the total time services are

9-49  provided to those pupils per school day in proportion to the total time

10-1  services are provided during a school day to pupils who are counted

10-2  pursuant to subparagraph (2).

10-3    (b) Multiplying the number of special education program units

10-4  maintained and operated by the amount per program established for that

10-5  school year.

10-6    (c) Adding the amounts computed in paragraphs (a) and (b).

10-7    2.  If the enrollment of pupils in a school district or a charter school

10-8  that is located within the school district on the last day of the first school

10-9  month of the school district for the school year is less than the enrollment

10-10  of pupils in the same school district or charter school on the last day of the

10-11  first school month of the school district for the immediately preceding

10-12  school year, the larger number must be used for purposes of apportioning

10-13  money from the state distributive school account to that school district or

10-14  charter school pursuant to NRS 387.124.

10-15  3.  Pupils who are excused from attendance at examinations or have

10-16  completed their work in accordance with the rules of the board of trustees

10-17  must be credited with attendance during that period.

10-18  4.  Pupils who are incarcerated in a facility or institution operated by

10-19  the department of prisons must not be counted for the purpose of

10-20  computing basic support pursuant to this section. The average daily

10-21  attendance for such pupils must be reported to the department . [of

10-22  education.]

10-23  5.  Part-time pupils who are enrolled in courses which are approved by

10-24  the department as meeting the requirements for an adult to earn a high

10-25  school diploma must not be counted for the purpose of computing basic

10-26  support pursuant to this section. The average daily attendance for such

10-27  pupils must be reported to the department.

10-28  Sec. 6.  NRS 387.124 is hereby amended to read as follows:

10-29  387.124  Except as otherwise provided in this section and NRS

10-30  387.528:

10-31  1.  On or before August 1, November 1, February 1 and May 1 of each

10-32  year, the superintendent of public instruction shall[, except as otherwise

10-33  provided in subsections 2 and 3,] apportion the state distributive school

10-34  account in the state general fund among the several county school districts

10-35  and charter schools in amounts approximating one-fourth of their

10-36  respective yearly apportionments less any amount set aside as a reserve.

10-37  The apportionment to a school district, computed on a yearly basis, equals

10-38  the difference between the basic support and the local funds available

10-39  pursuant to NRS 387.1235, minus all the funds attributable to pupils who

10-40  reside in the county but attend a charter school[.] and all the funds

10-41  attributable to pupils who reside in the county and are enrolled full time

10-42  or part time in a program of distance education provided by another

10-43  school district or a charter school. No apportionment may be made to a

10-44  school district if the amount of the local funds exceeds the amount of basic

10-45  support. The apportionment to a charter school, computed on a yearly

10-46  basis, is equal to the sum of the basic support per pupil in the county in

10-47  which the pupil resides plus the amount of local funds available per pupil

10-48  pursuant to NRS 387.1235 and all other funds available for public schools

10-49  in the county in which the pupil resides[.] minus all the funds attributable

11-1  to pupils who are enrolled in the charter school but are concurrently

11-2  enrolled part time in a program of distance education provided by a

11-3  school district or another charter school. If the apportionment per pupil to

11-4  a charter school is more than the amount to be apportioned to the school

11-5  district in which a pupil who is enrolled in the charter school resides, the

11-6  school district in which the pupil resides shall pay the difference directly to

11-7  the charter school.

11-8    2.  In addition to the apportionments made pursuant to this section,

11-9  an apportionment must be made to a school district that provides a

11-10  program of distance education for each pupil enrolled full time in the

11-11  program who does not reside within the school district that provides the

11-12  program if an agreement is filed for that pupil pursuant to section 18 of

11-13  this act. The amount of the apportionment must be equal to the amount

11-14  per pupil which would have been received pursuant to subsection 1 by:

11-15  (a) The school district in which the pupil resides; or

11-16  (b) The school district that provides the program of distance education

11-17  if the pupil resided within that school district,

11-18  whichever is less. If the amount of the apportionment made pursuant to

11-19  this subsection for a pupil who is enrolled full time in a program of

11-20  distance education is less than the amount per pupil which would have

11-21  been received by the school district in which the pupil resides, the

11-22  remainder must be paid directly to the school district in which the pupil

11-23  resides.

11-24  3.  In addition to the apportionments made pursuant to this section,

11-25  an apportionment must be made to a school district or charter school that

11-26  provides a program of distance education for each pupil who is enrolled

11-27  part time in the program if an agreement is filed for that pupil pursuant

11-28  to section 18 or 19 of this act, as applicable. The amount of the

11-29  apportionment must be equal to the percentage of the total time services

11-30  are provided to the pupil through the program of distance education per

11-31  school day in proportion to the total time services are provided during a

11-32  school day to pupils who are counted pursuant to subparagraph (2) of

11-33  paragraph (a) of subsection 1 of NRS 387.1233 for the school district in

11-34  which the pupil resides.

11-35  4.  In addition to the apportionments made pursuant to this section,

11-36  an apportionment must be made to a school district or charter school that

11-37  provides a program of distance education for each child who is enrolled

11-38  in a private school or receives instruction at home who participates in a

11-39  class offered through a program of distance education pursuant to

11-40  subsection 5 of NRS 392.070. The amount of the apportionment must be

11-41  equal to the percentage of the total time services are provided to the pupil

11-42  through the program of distance education per school day in proportion

11-43  to the total time services are provided during a school day to pupils who

11-44  are counted pursuant to subparagraph (2) of paragraph (a) of subsection

11-45  1 of NRS 387.1233 for the school district in which the pupil resides.

11-46  5.  The governing body of a charter school may submit a written

11-47  request to the superintendent of public instruction to receive, in the first

11-48  year of operation of the charter school, an apportionment 30 days before

11-49  the apportionment is required to be made pursuant to subsection 1. Upon

12-1  receipt of such a request, the superintendent of public instruction may

12-2  make the apportionment 30 days before the apportionment is required to be

12-3  made. A charter school may receive all four apportionments in advance in

12-4  its first year of operation.

12-5    [3.] 6.  If the state controller finds that such an action is needed to

12-6  maintain the balance in the state general fund at a level sufficient to pay the

12-7  other appropriations from it, he may pay out the apportionments monthly,

12-8  each approximately one-twelfth of the yearly apportionment less any

12-9  amount set aside as a reserve. If such action is needed, the state controller

12-10  shall submit a report to the department of administration and the fiscal

12-11  analysis division of the legislative counsel bureau documenting reasons for

12-12  the action.

12-13  Sec. 7.  NRS 387.1243 is hereby amended to read as follows:

12-14  387.1243  1.  The first apportionment based on an estimated number

12-15  of pupils and special education program units and succeeding

12-16  apportionments are subject to adjustment from time to time as the need

12-17  therefor may appear.

12-18  2.  The apportionments to a school district may be adjusted during a

12-19  fiscal year by the department of education, upon approval by the board of

12-20  examiners and the interim finance committee, if the department of taxation

12-21  and the county assessor in the county in which the school district is located

12-22  certify to the department of education that the school district will not

12-23  receive the tax levied pursuant to subsection 1 of NRS 387.195 on property

12-24  of the Federal Government located within the county if:

12-25  (a) The leasehold interest, possessory interest, beneficial interest or

12-26  beneficial use of the property is subject to taxation pursuant to NRS

12-27  361.157 and 361.159 and one or more lessees or users of the property are

12-28  delinquent in paying the tax; and

12-29  (b) The total amount of tax owed but not paid for the fiscal year by any

12-30  such lessees and users is at least 5 percent of the proceeds that the school

12-31  district would have received from the tax levied pursuant to subsection 1 of

12-32  NRS 387.195.

12-33  If a lessee or user pays the tax owed after the school district’s

12-34  apportionment has been increased in accordance with the provisions of this

12-35  subsection to compensate for the tax owed, the school district shall repay to

12-36  the distributive school account in the state general fund an amount equal to

12-37  the tax received from the lessee or user for the year in which the school

12-38  district received an increased apportionment, not to exceed the increase in

12-39  apportionments made to the school district pursuant to this subsection.

12-40  3.  On or before August 1 of each year, the board of trustees of a school

12-41  district shall provide to the department, in a format prescribed by the

12-42  department, the count of pupils calculated pursuant to subparagraph [(6)]

12-43  (7) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at

12-44  least one semester during the immediately preceding school year. The

12-45  count of pupils submitted to the department must be included in the final

12-46  adjustment computed pursuant to subsection 4.

12-47  4.  A final adjustment for each school district and charter school must

12-48  be computed as soon as practicable following the close of the school year,

12-49  but not later than August 25. The final computation must be based upon the

13-1  actual counts of pupils required to be made for the computation of basic

13-2  support and the limits upon the support of special education programs,

13-3  except that for any year when the total enrollment of pupils and children in

13-4  a school district or a charter school located within the school district

13-5  described in paragraphs (a)[, (b), (c) and (d)] to (f), inclusive, of

13-6  subsection 1 of NRS 387.123 is greater on the last day of any school month

13-7  of the school district after the second school month of the school district

13-8  and the increase in enrollment shows at least:

13-9    (a) A 3-percent gain, basic support as computed from first month

13-10  enrollment for the school district or charter school must be increased by 2

13-11  percent.

13-12  (b) A 6-percent gain, basic support as computed from first month

13-13  enrollment for the school district or charter school must be increased by an

13-14  additional 2 percent.

13-15  5.  If the final computation of apportionment for any school district or

13-16  charter school exceeds the actual amount paid to the school district or

13-17  charter school during the school year, the additional amount due must be

13-18  paid before September 1. If the final computation of apportionment for any

13-19  school district or charter school is less than the actual amount paid to the

13-20  school district or charter school during the school year, the difference must

13-21  be repaid to the state distributive school account in the state general fund

13-22  by the school district or charter school before September 25.

13-23  Sec. 8.  NRS 387.185 is hereby amended to read as follows:

13-24  387.185  1.  Except as otherwise provided in subsection 2 and NRS

13-25  387.528, all school money due each county school district must be paid

13-26  over by the state treasurer to the county treasurer on August 1,

13-27  November 1, February 1 and May 1 of each year or as soon thereafter as

13-28  the county treasurer may apply for it, upon the warrant of the state

13-29  controller drawn in conformity with the apportionment of the

13-30  superintendent of public instruction as provided in NRS 387.124.

13-31  2.  Except as otherwise provided in NRS 387.528, if the board of

13-32  trustees of a school district establishes and administers a separate account

13-33  pursuant to the provisions of NRS 354.603, all school money due that

13-34  school district must be paid over by the state treasurer to the school district

13-35  on August 1, November 1, February 1 and May 1 of each year or as soon

13-36  thereafter as the school district may apply for it, upon the warrant of the

13-37  state controller drawn in conformity with the apportionment of the

13-38  superintendent of public instruction as provided in NRS 387.124.

13-39  3.  No county school district may receive any portion of the public

13-40  school money unless that school district has complied with the provisions

13-41  of this Title and regulations adopted pursuant thereto.

13-42  4.  Except as otherwise provided in this subsection, all school money

13-43  due each charter school must be paid over by the state treasurer to the

13-44  governing body of the charter school on August 1, November 1, February 1

13-45  and May 1 of each year or as soon thereafter as the governing body may

13-46  apply for it, upon the warrant of the state controller drawn in conformity

13-47  with the apportionment of the superintendent of public instruction as

13-48  provided in NRS 387.124. If the superintendent of public instruction has

13-49  approved, pursuant to subsection [2] 5 of NRS 387.124, a request for

14-1  payment of an apportionment 30 days before the apportionment is

14-2  otherwise required to be made, the money due to the charter school must be

14-3  paid by the state treasurer to the governing body of the charter school on

14-4  July 1, October 1, January 1 or April 1, as applicable.

14-5    Sec. 9.  Chapter 388 of NRS is hereby amended by adding thereto the

14-6  provisions set forth as sections 10 to 21, inclusive, of this act.

14-7    Sec. 10.  As used in sections 10 to 21, inclusive, of this act, unless the

14-8  context otherwise requires, the words and terms defined in sections 11

14-9  and 12 of this act have the meanings ascribed to them in those sections.

14-10  Sec. 11.  “Distance education” means instruction which is delivered

14-11  by means of video, computer, television, correspondence or the Internet

14-12  or other electronic means of communication, or any combination

14-13  thereof, in such a manner that the person supervising or providing the

14-14  instruction and the pupil receiving the instruction are separated

14-15  geographically for a majority of the time during which the instruction is

14-16  delivered.

14-17  Sec. 12.  “Program of distance education” means a program

14-18  comprised of one or more courses of study that is designed for pupils who

14-19  are at risk of dropping out of high school and uses distance education as

14-20  its primary mechanism for delivery.

14-21  Sec. 13.  1.  The board of trustees of a school district or the

14-22  governing body of a charter school may submit an application to the state

14-23  board to provide a program of distance education.

14-24  2.  An application to provide a program of distance education must

14-25  include:

14-26  (a) All the information prescribed by the state board by regulation.

14-27  (b) Proof satisfactory to the state board that the program satisfies all

14-28  applicable statutes and regulations.

14-29  3.  The state board shall approve an application submitted pursuant

14-30  to this section if the application satisfies the requirements of sections 10

14-31  to 21, inclusive, of this act, and all other applicable statutes and

14-32  regulations. The state board shall provide written notice to the applicant

14-33  of its approval or denial of the application.

14-34  4.  If the state board denies an application, the state board shall

14-35  include in the written notice the reasons for the denial and the

14-36  deficiencies of the application. The applicant must be granted 30 days

14-37  after receipt of the written notice to correct any deficiencies identified in

14-38  the written notice and resubmit the application. The state board shall

14-39  approve an application that has been resubmitted pursuant to this

14-40  subsection if the application satisfies the requirements of sections 10 to

14-41  21, inclusive, of this act, and all other applicable statutes and

14-42  regulations.

14-43  Sec. 14.  A pupil who is at risk of dropping out of high school may

14-44  enroll in a program of distance education, including, without limitation,

14-45  a pupil who:

14-46  1.  Because of extenuating circumstances, such as being pregnant, a

14-47  parent, chronically ill or self-supporting, is not able to attend the classes

14-48  of instruction regularly provided in high school;

15-1    2.  Is deficient in the amount of academic credit necessary to

15-2  graduate with pupils his same age;

15-3    3.  Is chronically absent from high school; or

15-4    4.  Requires instruction on a more personal basis than that regularly

15-5  provided in high school.

15-6    Sec. 15.  A program of distance education may include, without

15-7  limitation:

15-8    1.  An opportunity for pupils to participate in the program:

15-9    (a) For a shorter school day or a longer school day than that regularly

15-10  provided for in high school; and

15-11  (b) During any part of the calendar year;

15-12  2.  An opportunity for pupils to satisfy either:

15-13  (a) The requirements for a regular high school diploma; or

15-14  (b) The requirements for a high school diploma for adults; and

15-15  3.  Instruction that is provided to pupils individually or in a group.

15-16  Sec. 16.  The board of trustees of a school district or the governing

15-17  body of a charter school that provides a program of distance education

15-18  shall ensure that each teacher of a course offered through the program:

15-19  1.  Provides the work assignments to each pupil enrolled in the course

15-20  that are necessary for the pupil to complete the course; and

15-21  2.  Meets or otherwise communicates with the pupil at least once each

15-22  week during the course to discuss the pupil’s progress.

15-23  Sec. 17.  1.  The attendance of a pupil who is enrolled in a course

15-24  through a program of distance education must be recorded based upon

15-25  the actual amount of time that the pupil spends for the course while

15-26  engaged in any of the following activities:

15-27  (a) Logged onto a computer;

15-28  (b) Communicating with the teacher of the course;

15-29  (c) Viewing materials such as videos that are required for the course;

15-30  or

15-31  (d) Working on lessons assigned for the course by the teacher.

15-32  2.  A pupil who is enrolled in a course through a program of distance

15-33  education must be awarded credit for the course based upon:

15-34  (a) The completion of the required number of hours for the course, as

15-35  recorded pursuant to subsection 1;

15-36  (b) Work assignments that are graded by a licensed teacher; and

15-37  (c) Scores received on a mid-term examination and a final

15-38  examination that is administered to the pupil under the direct supervision

15-39  of an employee of the school district or charter school that provides the

15-40  program of distance education.

15-41  3.  Neither the board of trustees of a school district nor the governing

15-42  body of a charter school that provides a program of distance education

15-43  may award a high school diploma to a pupil enrolled in the program

15-44  unless the pupil has passed the high school proficiency examination.

15-45  Sec. 17.5.  1.  The board of trustees of a school district that provides

15-46  a program of distance education shall, upon the request of a parent or

15-47  legal guardian of a pupil who is enrolled in a charter school, authorize

15-48  the pupil to participate in a class offered through the program of distance

15-49  education that is not available to the child at the charter school or

16-1  participate in an extracurricular activity offered through the program of

16-2  distance education if:

16-3    (a) The governing body of the charter school has granted permission

16-4  pursuant to section 19 of this act;

16-5    (b) Space for the pupil in the class or extracurricular activity is

16-6  available; and

16-7    (c) The parent or legal guardian demonstrates to the satisfaction of

16-8  the board of trustees that the pupil is qualified to participate in the class

16-9  or extracurricular activity.

16-10  If the board of trustees of a school district authorizes a pupil to

16-11  participate in a class or extracurricular activity pursuant to this

16-12  subsection, the board of trustees is not required to provide transportation

16-13  for the pupil to attend the class or extracurricular activity.

16-14  2.  The board of trustees of a school district may revoke its approval

16-15  for a pupil to participate in a class or extracurricular activity pursuant to

16-16  subsection 1 if the board of trustees determines that the pupil has failed

16-17  to comply with applicable statutes, or applicable rules and regulations of

16-18  the board of trustees. If the board of trustees so revokes its approval,

16-19  neither the board of trustees nor the program of distance education is

16-20  liable for any damages relating to the denial of services to the pupil.

16-21  Sec. 18.  1.  Except as otherwise provided in this subsection, before

16-22  a pupil may enroll full time or part time in a program of distance

16-23  education that is provided by a school district other than the school

16-24  district in which the pupil resides, the pupil must obtain the written

16-25  permission of the board of trustees of the school district in which the

16-26  pupil resides. Before a pupil who is enrolled in a public school of a

16-27  school district may enroll part time in a program of distance education

16-28  that is provided by a charter school, the pupil must obtain the written

16-29  permission of the board of trustees of the school district in which the

16-30  pupil resides. A pupil who enrolls full time in a program of distance

16-31  education that is provided by a charter school is not required to obtain

16-32  the approval of the board of trustees of the school district in which the

16-33  pupil resides.

16-34  2.  If the board of trustees of a school district grants permission

16-35  pursuant to subsection 1, the board of trustees shall enter into a written

16-36  agreement with the board of trustees or governing body, as applicable,

16-37  that provides the program of distance education. A separate agreement

16-38  must be prepared for each year that a pupil enrolls in a program of

16-39  distance education. The written agreement must:

16-40  (a) Contain a statement prepared by the board of trustees of the school

16-41  district in which the pupil resides indicating that the board of trustees

16-42  understands that the superintendent of public instruction will make

16-43  appropriate adjustments in the apportionments to the school district

16-44  pursuant to NRS 387.124 to account for the pupil’s enrollment in the

16-45  program of distance education;

16-46  (b) If the pupil plans to enroll part time in the program of distance

16-47  education, contain a statement prepared by the board of trustees of the

16-48  school district in which the pupil resides and the board of trustees or

16-49  governing body that provides the program of distance education setting

17-1  forth the percentage of the total time services will be provided to the pupil

17-2  through the program of distance education per school day in proportion

17-3  to the total time services are provided during a school day to pupils who

17-4  are counted pursuant to subparagraph (2) of paragraph (a) of subsection

17-5  1 of NRS 387.1233 for the school district in which the pupil resides;

17-6    (c) Be signed by the board of trustees of the school district in which

17-7  the pupil resides and the board of trustees or governing body that

17-8  provides the program of distance education; and

17-9    (d) Include any other information required by the state board by

17-10  regulation.

17-11  3.  On or before September 1 of each year, a written agreement must

17-12  be filed with the superintendent of public instruction for each pupil who

17-13  is enrolled full time or part time in a program of distance education

17-14  provided by a school district other than the school district in which the

17-15  pupil resides. On or before September 1 of each year, a written

17-16  agreement must be filed with the superintendent of public instruction for

17-17  each pupil who is enrolled in a public school of the school district and

17-18  who is enrolled part time in a program of distance education provided by

17-19  a charter school. If an agreement is not filed for a pupil who is enrolled

17-20  in a program of distance education as required by this section, the

17-21  superintendent of public instruction shall not apportion money for that

17-22  pupil to the board of trustees of the school district in which the pupil

17-23  resides, or the board of trustees or governing body that provides the

17-24  program of distance education.

17-25  Sec. 19.  1.  If a pupil is enrolled in a charter school, he may enroll

17-26  full time in a program of distance education only if the charter school in

17-27  which he is enrolled provides the program of distance education.

17-28  2.  Before a pupil who is enrolled in a charter school may enroll part

17-29  time in a program of distance education that is provided by a school

17-30  district or another charter school, the pupil must obtain the written

17-31  permission of the governing body of the charter school in which the pupil

17-32  is enrolled.

17-33  3.  If the governing body of a charter school grants permission

17-34  pursuant to subsection 2, the governing body shall enter into a written

17-35  agreement with the board of trustees or governing body, as applicable,

17-36  that provides the program of distance education. A separate agreement

17-37  must be prepared for each year that a pupil enrolls in a program of

17-38  distance education. The written agreement must:

17-39  (a) Contain a statement prepared by the governing body of the charter

17-40  school in which the pupil is enrolled indicating that the governing body

17-41  understands that the superintendent of public instruction will make

17-42  appropriate adjustments in the apportionments to the charter school

17-43  pursuant to NRS 387.124 to account for the pupil’s enrollment in the

17-44  program of distance education;

17-45  (b) Contain a statement prepared by the governing body of the charter

17-46  school in which the pupil is enrolled and the board of trustees or

17-47  governing body that provides the program of distance education setting

17-48  forth the percentage of the total time services will be provided to the pupil

17-49  through the program of distance education per school day in proportion

18-1  to the total time services are provided during a school day to pupils who

18-2  are counted pursuant to subparagraph (2) of paragraph (a) of subsection

18-3  1 of NRS 387.1233 for the school district in which the pupil resides;

18-4    (c) Be signed by the governing body of the charter in which the pupil

18-5  is enrolled and the board of trustees or governing body that provides the

18-6  program of distance education; and

18-7    (d) Include any other information required by the state board by

18-8  regulation.

18-9    4.  On or before September 1 of each year, a written agreement must

18-10  be filed with the superintendent of public instruction for each pupil who

18-11  is enrolled in a charter school and who is enrolled part time in a program

18-12  of distance education provided by a school district or another charter

18-13  school. If an agreement is not filed for such a pupil, the superintendent

18-14  of public instruction shall not apportion money for that pupil to the

18-15  governing body of the charter school in which the pupil is enrolled, or

18-16  the board of trustees or governing body that provides the program of

18-17  distance education.

18-18  Sec. 20.  1.  If a pupil is enrolled full time in a program of distance

18-19  education provided by the board of trustees of a school district, the pupil

18-20  shall be deemed enrolled in that school district for purposes of all the

18-21  applicable requirements, statutes, regulations, rules and policies of the

18-22  school district, including, without limitation:

18-23  (a) Graduation requirements;

18-24  (b) Accountability of public schools, as set forth in NRS 385.3455 to

18-25  385.391, inclusive;

18-26  (c) Provisions governing the attendance and truancy of pupils, as set

18-27  forth in NRS 392.040 to 392.220, inclusive; and

18-28  (d) Discipline of pupils.

18-29  2.  A pupil who is enrolled full time in a program of distance

18-30  education provided by a charter school shall be deemed enrolled in the

18-31  charter school. All the applicable requirements, statutes, regulations,

18-32  rules and policies of that charter school apply to such a pupil, including,

18-33  without limitation:

18-34  (a) Graduation requirements;

18-35  (b) Accountability of public schools, as set forth in NRS 385.3455 to

18-36  385.391, inclusive;

18-37  (c) Provisions governing the attendance and truancy of pupils, as set

18-38  forth in NRS 392.060 to 392.220, inclusive; and

18-39  (d) Discipline of pupils.

18-40  3.  Except for a pupil who is enrolled part time in a program of

18-41  distance education pursuant to NRS 392.070, if a pupil is enrolled part

18-42  time in a program of distance education, all the applicable requirements,

18-43  statutes, regulations, rules and policies of the public school of the school

18-44  district in which the pupil is otherwise enrolled or the charter school in

18-45  which the pupil is otherwise enrolled apply to such a pupil, including,

18-46  without limitation:

18-47  (a) Graduation requirements;

18-48  (b) Accountability of public schools, as set forth in NRS 385.3455 to

18-49  385.391, inclusive;

19-1    (c) Provisions governing the attendance and truancy of pupils, as set

19-2  forth in NRS 392.060 to 392.220, inclusive; and

19-3    (d) Discipline of pupils.

19-4    Sec. 20.5.  1.  If the board of trustees of a school district provides a

19-5  program of distance education, the board of trustees shall:

19-6    (a) Ensure that the persons who operate the program on a day-to-day

19-7  basis comply with and carry out all applicable requirements, statutes,

19-8  regulations, rules and policies of the school district, including, without

19-9  limitation:

19-10     (1) Graduation requirements;

19-11     (2) Accountability of public schools, as set forth in NRS 385.3455 to

19-12  385.391, inclusive;

19-13     (3) Provisions governing the attendance and truancy of pupils, as

19-14  set forth in NRS 392.040 to 392.220, inclusive; and

19-15     (4) Discipline of pupils.

19-16  (b) Prepare a separate written report that contains the information

19-17  required by subsection 2 of NRS 385.347, as applicable to the pupils who

19-18  are enrolled in the program of distance education, and include the

19-19  separate written report with the report that is made pursuant to NRS

19-20  385.347.

19-21  2.  If the governing body of a charter school provides a program of

19-22  distance education, the governing body shall:

19-23  (a) For each pupil who is enrolled in the program, provide written

19-24  notice to the board of trustees of the school district in which the pupil

19-25  resides of the type of educational services that will be provided to the

19-26  pupil through the program. The written notice must be provided to the

19-27  board of trustees before the pupil receives educational services through

19-28  the program of distance education.

19-29  (b) Ensure that the persons who operate the program on a day-to-day

19-30  basis comply with and carry out all applicable requirements, statutes,

19-31  regulations, rules and policies of the charter school, including, without

19-32  limitation:

19-33     (1) Graduation requirements;

19-34     (2) Accountability of public schools, as set forth in NRS 385.3455 to

19-35  385.391, inclusive;

19-36     (3) Provisions governing the attendance and truancy of pupils, as

19-37  set forth in NRS 392.040 to 392.220, inclusive; and

19-38     (4) Discipline of pupils.

19-39  (c) Prepare a separate written report that contains the information

19-40  required by subsection 2 of NRS 385.347, as applicable to the pupils who

19-41  are enrolled in the program of distance education, and submit the

19-42  separate written report to the board of trustees of the school district in

19-43  which the charter school is located for inclusion with the report made by

19-44  the school district pursuant to NRS 385.347.

19-45  Sec. 21.  1.  The state board shall adopt regulations that prescribe:

19-46  (a) The process for submission of an application by the board of

19-47  trustees of a school district or the governing body of a charter school to

19-48  provide a program of distance education and the contents of the

19-49  application;

20-1    (b) A method for reporting to the department the number of pupils

20-2  who are enrolled in a program of distance education and the attendance

20-3  of those pupils;

20-4    (c) The requirements for assessing the achievement of pupils who are

20-5  enrolled in a program of distance education, which must include, without

20-6  limitation, the administration of the achievement and proficiency

20-7  examinations required pursuant to NRS 389.015 and 389.550; and

20-8    (d) A written description of the process pursuant to which the state

20-9  board may revoke its approval for the operation of a program of distance

20-10  education.

20-11  2.  The state board may adopt regulations as it determines are

20-12  necessary to carry out the provisions of sections 10 to 21, inclusive, of

20-13  this act.

20-14  Sec. 22.  NRS 388.090 is hereby amended to read as follows:

20-15  388.090  1.  Except as otherwise permitted pursuant to this section,

20-16  boards of trustees of school districts shall schedule and provide a minimum

20-17  of 180 days of free school in the districts under their charge.

20-18  2.  The superintendent of public instruction may, upon application by a

20-19  board of trustees, authorize a reduction of not more than 15 school days in

20-20  a particular district to establish or maintain a 12-month school program or a

20-21  program involving alternative scheduling, if the board of trustees

20-22  demonstrates that the proposed schedule for the program provides for a

20-23  greater number of minutes of instruction than would be provided under a

20-24  program consisting of 180 school days. Before authorizing a reduction in

20-25  the number of required school days pursuant to this subsection, the

20-26  superintendent of public instruction must find that the proposed schedule

20-27  will be used to alleviate problems associated with a growth in enrollment

20-28  or overcrowding, or to establish and maintain a program of alternative

20-29  schooling[.] , including, without limitation, a program of distance

20-30  education provided by the board of trustees pursuant to sections 10 to 21

20-31  inclusive, of this act.

20-32  3.  The superintendent of public instruction may, upon application by a

20-33  board of trustees, authorize the addition of minutes of instruction to any

20-34  scheduled day of free school if days of free school are lost because of any

20-35  interscholastic activity. Not more than 5 days of free school so lost may be

20-36  rescheduled in this manner.

20-37  4.  Each school district shall schedule at least 3 contingent days of

20-38  school in addition to the number of days required by this section, which

20-39  must be used if a natural disaster, inclement weather or an accident

20-40  necessitates the closing of a majority of the facilities within the district.

20-41  5.  If more than 3 days of free school are lost because a natural disaster,

20-42  inclement weather or an accident necessitates the closing of a majority of

20-43  the facilities within a school district, the superintendent of public

20-44  instruction, upon application by the school district, may permit the

20-45  additional days lost to be counted as school days in session. The

20-46  application must be submitted in the manner prescribed by the

20-47  superintendent of public instruction.

20-48  6.  The state board [of education] shall adopt regulations providing

20-49  procedures for changing schedules of instruction to be used if a natural

21-1  disaster, inclement weather or an accident necessitates the closing of a

21-2  particular school within a school district.

21-3    Sec. 23.  NRS 388.537 is hereby amended to read as follows:

21-4    388.537  1.  The board of trustees of a school district may, subject to

21-5  the approval of the state board, operate an alternative program for the

21-6  education of pupils at risk of dropping out of high school, including pupils

21-7  who:

21-8    (a) Because of extenuating circumstances, such as their being pregnant,

21-9  parents, chronically ill or self-supporting, are not able to attend the classes

21-10  of instruction regularly provided in high school;

21-11  (b) Are deficient in the amount of academic credit necessary to graduate

21-12  with pupils their same age;

21-13  (c) Are chronically absent from high school; or

21-14  (d) Require instruction on a more personal basis than that regularly

21-15  provided in high school.

21-16  2.  An alternative program may include:

21-17  (a) A shorter school day, and an opportunity for pupils to attend a

21-18  longer school day, than that regularly provided in high school.

21-19  (b) An opportunity for pupils to attend classes of instruction during any

21-20  part of the calendar year.

21-21  (c) A comprehensive curriculum that includes elective classes of

21-22  instruction and occupational education.

21-23  (d) An opportunity for pupils to obtain academic credit through

21-24  experience gained at work or while engaged in other activities.

21-25  (e) An opportunity for pupils to satisfy either:

21-26     (1) The requirements for a regular high school diploma; or

21-27     (2) The requirements for a high school diploma for adults.

21-28  (f) The provision of child care for the children of pupils.

21-29  (g) The transportation of pupils to and from classes of instruction.

21-30  (h) The temporary placement of pupils for independent study, if there

21-31  are extenuating circumstances which prevent those pupils from attending

21-32  the alternative program on a daily basis.

21-33  3.  Notwithstanding the provisions of this section to the contrary, if

21-34  the board of trustees of a school district provides a program of distance

21-35  education for pupils at risk of dropping out of high school pursuant to

21-36  sections 10 to 21, inclusive, of this act, the board of trustees shall comply

21-37  with the provisions of those sections and the regulations adopted

21-38  pursuant thereto in its operation of the program.

21-39  Sec. 24.  NRS 388.700 is hereby amended to read as follows:

21-40  388.700  1.  Except as otherwise provided in subsections 2, 3 and 6,

21-41  after the last day of the first month of the school year, the ratio in each

21-42  school district of pupils per class in kindergarten and grades 1, 2 and 3 per

21-43  licensed teacher designated to teach those classes full time must not exceed

21-44  15 to 1 in classes where core curriculum is taught. In determining this ratio,

21-45  all licensed educational personnel who teach kindergarten or grade 1, 2 or

21-46  3 must be counted except teachers of art, music, physical education or

21-47  special education, counselors, librarians, administrators, deans and

21-48  specialists.

22-1    2.  A school district may, within the limits of any plan adopted pursuant

22-2  to NRS 388.720, assign a pupil whose enrollment in a grade occurs after

22-3  the last day of the first month of the school year to any existing class

22-4  regardless of the number of pupils in the class.

22-5    3.  The state board may grant to a school district a variance from the

22-6  limitation on the number of pupils per class set forth in subsection 1 for

22-7  good cause, including the lack of available financial support specifically

22-8  set aside for the reduction of pupil-teacher ratios.

22-9    4.  The state board shall, on or before February 1 of each odd-

22-10  numbered year, report to the legislature on:

22-11  (a) Each variance granted by it during the preceding biennium,

22-12  including the specific justification for the variance.

22-13  (b) The data reported to it by the various school districts pursuant to

22-14  subsection 2 of NRS 388.710, including an explanation of that data, and

22-15  the current pupil-teacher ratios per class in kindergarten and grades 1, 2

22-16  and 3.

22-17  5.  The department shall, on or before November 15 of each year,

22-18  report to the chief of the budget division of the department of

22-19  administration and the fiscal analysis division of the legislative counsel

22-20  bureau:

22-21  (a) The number of teachers employed;

22-22  (b) The number of teachers employed in order to attain the ratio

22-23  required by subsection 1;

22-24  (c) The number of pupils enrolled; and

22-25  (d) The number of teachers assigned to teach in the same classroom

22-26  with another teacher or in any other arrangement other than one teacher

22-27  assigned to one classroom of pupils,

22-28  during the current school year in kindergarten and grades 1, 2 and 3 for

22-29  each school district.

22-30  6.  The provisions of this section do not apply to a charter school[.] or

22-31  to a program of distance education provided pursuant to sections 10 to

22-32  21, inclusive, of this act.

22-33  Sec. 25.  NRS 389.017 is hereby amended to read as follows:

22-34  389.017  1.  The state board shall prescribe regulations requiring that

22-35  each board of trustees of a school district and each governing body of a

22-36  charter school submit to the superintendent of public instruction and the

22-37  department, in the form and manner prescribed by the superintendent, the

22-38  results of achievement and proficiency examinations given in the 4th, 8th,

22-39  10th and 11th grades to public school pupils of the district and charter

22-40  schools. The state board shall not include in the regulations any provision

22-41  which would violate the confidentiality of the test scores of any individual

22-42  pupil.

22-43  2.  The results of examinations must be reported for each school,

22-44  including, without limitation, each charter school, school district and this

22-45  state as follows:

22-46  (a) The average score, as defined by the department, of pupils who took

22-47  the examinations under regular testing conditions; and

22-48  (b) The average score, as defined by the department, of pupils who took

22-49  the examinations with modifications or accommodations approved by the

23-1  private entity that created the examination or, if the department created the

23-2  examination, the department, if such reporting does not violate the

23-3  confidentiality of the test scores of any individual pupil.

23-4    3.  The department shall adopt regulations prescribing the requirements

23-5  for reporting the scores of pupils who:

23-6    (a) Took the examinations under conditions that were not approved by

23-7  the private entity that created the examination or, if the department created

23-8  the examination, by the department;

23-9    (b) Are enrolled in special schools for children with disabilities;

23-10  (c) Are enrolled in an alternative program for the education of pupils at

23-11  risk of dropping out of high school[;] , including, without limitation, a

23-12  program of distance education that is provided pursuant to sections 10 to

23-13  21, inclusive, of this act; or

23-14  (d) Are detained in a:

23-15     (1) Youth training center;

23-16     (2) Youth center;

23-17     (3) Juvenile forestry camp;

23-18     (4) Detention home;

23-19     (5) Youth camp;

23-20     (6) Juvenile correctional institution; or

23-21     (7) Correctional institution.

23-22  The scores reported pursuant to this subsection must not be included in the

23-23  average scores reported pursuant to subsection 2.

23-24  4.  Not later than 10 days after the department receives the results of

23-25  the achievement and proficiency examinations, the department shall

23-26  transmit a copy of the results of the examinations administered pursuant to

23-27  NRS 389.015 to the legislative bureau of educational accountability and

23-28  program evaluation in a manner that does not violate the confidentiality of

23-29  the test scores of any individual pupil.

23-30  5.  On or before November 1 of each year, each school district and each

23-31  charter school shall report to the department the following information for

23-32  each examination administered in the public schools in the school district

23-33  or charter school:

23-34  (a) The examination administered;

23-35  (b) The grade level or levels of pupils to whom the examination was

23-36  administered;

23-37  (c) The costs incurred by the school district or charter school in

23-38  administering each examination; and

23-39  (d) The purpose, if any, for which the results of the examination are

23-40  used by the school district or charter school.

23-41  On or before December 1 of each year, the department shall transmit to the

23-42  budget division of the department of administration and the fiscal analysis

23-43  division of the legislative counsel bureau the information submitted to the

23-44  department pursuant to this subsection.

23-45  6.  The superintendent of schools of each school district and the

23-46  governing body of each charter school shall certify that the number of

23-47  pupils who took the examinations required pursuant to NRS 389.015 is

23-48  equal to the number of pupils who are enrolled in each school in the school

23-49  district or in the charter school who are required to take the examinations

24-1  except for those pupils who are exempt from taking the examinations. A

24-2  pupil may be exempt from taking the examinations if:

24-3    (a) His primary language is not English and his proficiency in the

24-4  English language is below the level that the state board determines is

24-5  proficient, as measured by an assessment of proficiency in the English

24-6  language prescribed by the state board pursuant to subsection 8; or

24-7    (b) He is enrolled in a program of special education pursuant to NRS

24-8  388.440 to 388.520, inclusive, and his program of special education

24-9  specifies that he is exempt from taking the examinations.

24-10  7.  In addition to the information required by subsection 5, the

24-11  superintendent of public instruction shall:

24-12  (a) Report the number of pupils who were not exempt from taking the

24-13  examinations but were absent from school on the day that the examinations

24-14  were administered; and

24-15  (b) Reconcile the number of pupils who were required to take the

24-16  examinations with the number of pupils who were exempt from taking the

24-17  examinations or absent from school on the day that the examinations were

24-18  administered.

24-19  8.  The state board shall prescribe an assessment of proficiency in the

24-20  English language for pupils whose primary language is not English to

24-21  determine which pupils are exempt from the examinations pursuant to

24-22  paragraph (a) of subsection 6.

24-23  Sec. 26.  NRS 389.155 is hereby amended to read as follows:

24-24  389.155  1.  The state board shall, by regulation, establish a program

24-25  pursuant to which a pupil enrolled full time in high school may complete

24-26  any required or elective course by independent study outside of the normal

24-27  classroom setting.

24-28  2.  The regulations must require that:

24-29  (a) The teacher of the course assign to the pupil the work assignments

24-30  necessary to complete the course; and

24-31  (b) The pupil and teacher meet or otherwise communicate with each

24-32  other at least once each week during the course to discuss the pupil’s

24-33  progress.

24-34  3.  The board of trustees in each school district may, in accordance with

24-35  the regulations adopted pursuant to subsections 1 and 2, provide for

24-36  independent study by pupils enrolled full time in high schools in its district.

24-37  A board of trustees that chooses to allow such study may provide that:

24-38  (a) The pupils participating in the independent study be given

24-39  instruction individually or in a group.

24-40  (b) The independent study be offered during the regular school day.

24-41  4.  The provisions of this section do not apply to a:

24-42  (a) Program of distance education provided pursuant to sections 10 to

24-43  21, inclusive, of this act; or

24-44  (b) Pupil who is enrolled in a program of distance education provided

24-45  pursuant to sections 10 to 21, inclusive, of this act.

24-46  Sec. 26.5.  NRS 389.560 is hereby amended to read as follows:

24-47  389.560  1.  The state board shall adopt regulations that require the

24-48  board of trustees of each school district and the governing body of each

24-49  charter school to submit to the superintendent of public instruction, the

25-1  department and the council, in the form and manner prescribed by the

25-2  superintendent, the results of the examinations administered pursuant to

25-3  NRS 389.550. The state board shall not include in the regulations any

25-4  provision that would violate the confidentiality of the test scores of an

25-5  individual pupil.

25-6    2.  The results of the examinations must be reported for each school,

25-7  including, without limitation, each charter school, school district and this

25-8  state, as follows:

25-9    (a) The percentage of pupils who have demonstrated proficiency, as

25-10  defined by the department, and took the examinations under regular testing

25-11  conditions; and

25-12  (b) The percentage of pupils who have demonstrated proficiency, as

25-13  defined by the department, and took the examinations with modifications

25-14  or accommodations approved by the private entity that created the

25-15  examination or, if the department created the examination, the department,

25-16  if such reporting does not violate the confidentiality of the test scores of

25-17  any individual pupil.

25-18  3.  The department shall adopt regulations prescribing the requirements

25-19  for reporting the results of pupils who:

25-20  (a) Took the examinations under conditions that were not approved by

25-21  the private entity that created the examination or, if the department created

25-22  the examination, by the department;

25-23  (b) Are enrolled in special schools for children with disabilities;

25-24  (c) Are enrolled in an alternative program for the education of pupils at

25-25  risk of dropping out of high school [;] including, without limitation, a

25-26  program of distance education that is provided pursuant to sections 10 to

25-27  21, inclusive, of this act; or

25-28  (d) Are detained in a:

25-29     (1) Youth training center;

25-30     (2) Youth center;

25-31     (3) Juvenile forestry camp;

25-32     (4) Detention home;

25-33     (5) Youth camp;

25-34     (6) Juvenile correctional institution; or

25-35     (7) Correctional institution.

25-36  The results reported pursuant to this subsection must not be included in the

25-37  percentage of pupils reported pursuant to subsection 2.

25-38  4.  Not later than 10 days after the department receives the results of

25-39  the examinations, the department shall transmit a copy of the results to the

25-40  legislative bureau of educational accountability and program evaluation in

25-41  a manner that does not violate the confidentiality of the test scores of any

25-42  individual pupil.

25-43  5.  On or before November 1 of each year, each school district and each

25-44  charter school shall report to the department the following information for

25-45  each examination administered in the public schools in the school district

25-46  or charter school:

25-47  (a) The examination administered;

25-48  (b) The grade level or levels of pupils to whom the examination was

25-49  administered;

26-1    (c) The costs incurred by the school district or charter school in

26-2  administering each examination; and

26-3    (d) The purpose, if any, for which the results of the examination are

26-4  used by the school district or charter school.

26-5  On or before December 1 of each year, the department shall transmit to the

26-6  budget division of the department of administration and the fiscal analysis

26-7  division of the legislative counsel bureau the information submitted to the

26-8  department pursuant to this subsection.

26-9    6.  The superintendent of schools of each school district and the

26-10  governing body of each charter school shall certify that the number of

26-11  pupils who took the examinations is equal to the number of pupils who are

26-12  enrolled in each school in the school district or in the charter school who

26-13  are required to take the examinations, except for those pupils who are

26-14  exempt from taking the examinations. A pupil may be exempt from taking

26-15  the examinations if:

26-16  (a) His primary language is not English and his proficiency in the

26-17  English language is below the level that the state board determines is

26-18  proficient, as measured by an assessment of proficiency in the English

26-19  language prescribed by the state board pursuant to subsection 8; or

26-20  (b) He is enrolled in a program of special education pursuant to NRS

26-21  388.440 to 388.520, inclusive, and his program of special education

26-22  specifies that he is exempt from taking the examinations.

26-23  7.  In addition to the information required by subsection 5, the

26-24  superintendent of public instruction shall:

26-25  (a) Report the number of pupils who were not exempt from taking the

26-26  examinations but were absent from school on the day that the examinations

26-27  were administered; and

26-28  (b) Reconcile the number of pupils who were required to take the

26-29  examinations with the number of pupils who were exempt from taking the

26-30  examinations or absent from school on the day that the examinations were

26-31  administered.

26-32  8.  The state board shall prescribe an assessment of proficiency in the

26-33  English language for pupils whose primary language is not English to

26-34  determine which pupils are exempt from the examinations pursuant to

26-35  paragraph (a) of subsection 6.

26-36  Sec. 27.  NRS 392.010 is hereby amended to read as follows:

26-37  392.010  Except as to the attendance of a pupil pursuant to NRS

26-38  392.015 or sections 10 to 21, inclusive, of this act, or a pupil who is

26-39  ineligible for attendance pursuant to NRS 392.4675 and except as

26-40  otherwise provided in NRS 392.264 and 392.268:

26-41  1.  The board of trustees of any school district may, with the approval

26-42  of the superintendent of public instruction:

26-43  (a) Admit to the school or schools of the school district any pupil or

26-44  pupils living in an adjoining school district within this state or in an

26-45  adjoining state when the school district of residence in the adjoining state

26-46  adjoins the receiving Nevada school district; or

26-47  (b) Pay tuition for pupils residing in the school district but who attend

26-48  school in an adjoining school district within this state or in an adjoining

27-1  state when the receiving district in the adjoining state adjoins the school

27-2  district of Nevada residence.

27-3    2.  With the approval of the superintendent of public instruction, the

27-4  board of trustees of the school district in which the pupil or pupils reside

27-5  and the board of trustees of the school district in which the pupil or pupils

27-6  attend school shall enter into an agreement providing for the payment of

27-7  such tuition as may be agreed upon, but transportation costs must be paid

27-8  by the board of trustees of the school district in which the pupil or pupils

27-9  reside:

27-10  (a) If any are incurred in transporting a pupil or pupils to an adjoining

27-11  school district within the state; and

27-12  (b) If any are incurred in transporting a pupil or pupils to an adjoining

27-13  state, as provided by the agreement.

27-14  3.  In addition to the provisions for the payment of tuition and

27-15  transportation costs for pupils admitted to an adjoining school district as

27-16  provided in subsection 2, the agreement may contain provisions for the

27-17  payment of reasonable amounts of money to defray the cost of operation,

27-18  maintenance and depreciation of capital improvements which can be

27-19  allocated to such pupils.

27-20  Sec. 28.  NRS 392.035 is hereby amended to read as follows:

27-21  392.035  1.  In determining the mobility of pupils in a school, for any

27-22  purpose, the department shall divide the sum of the following numbers by

27-23  the cumulative enrollment in the school:

27-24  (a) The number of late entries or transfers into a school from another

27-25  school, school district or state, after the beginning of the school year;

27-26  (b) The number of pupils reentering the school after having withdrawn

27-27  from the same school; and

27-28  (c) The number of pupils who withdraw for any reason or who are

27-29  dropped for nonattendance.

27-30  2.  To determine the cumulative enrollment of the school pursuant to

27-31  subsection 1, the department shall add the total number of pupils enrolled

27-32  in programs of instruction in the school who are included in the count for

27-33  apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to

27-34  (e), inclusive, (g) and (h) of subsection 1 of NRS 387.123 and the number

27-35  of pupils included in paragraphs (a) and (b) of subsection 1.

27-36  3.  The department shall develop and distribute to the county school

27-37  districts a form upon which the information necessary to the formula may

27-38  be submitted by the individual schools.

27-39  Sec. 29.  NRS 392.070 is hereby amended to read as follows:

27-40  392.070  1.  Attendance required by the provisions of NRS 392.040

27-41  must be excused when satisfactory written evidence is presented to the

27-42  board of trustees of the school district in which the child resides that the

27-43  child is receiving at home or in some other school equivalent instruction of

27-44  the kind and amount approved by the state board.

27-45  2.  The board of trustees of each school district shall provide programs

27-46  of special education and related services for children who are exempt from

27-47  compulsory attendance pursuant to subsection 1 and receive instruction at

27-48  home. The programs of special education and related services required by

27-49  this section must be made available:

28-1    (a) Only if a child would otherwise be eligible for participation in

28-2  programs of special education and related services pursuant to NRS

28-3  388.440 to 388.520, inclusive;

28-4    (b) In the same manner that the board of trustees provides, as required

28-5  by 20 U.S.C. § 1412, for the participation of pupils with disabilities who

28-6  are enrolled in private schools within the school district voluntarily by their

28-7  parents or legal guardians; and

28-8    (c) In accordance with the same requirements set forth in 20 U.S.C. §

28-9  1412 which relate to the participation of pupils with disabilities who are

28-10  enrolled in private schools within the school district voluntarily by their

28-11  parents or legal guardians.

28-12  3.  Except as otherwise provided in subsection 2 for programs of

28-13  special education and related services[,] and subsection 5 for programs of

28-14  distance education, upon the request of a parent or legal guardian of a

28-15  child who is enrolled in a private school or who receives instruction at

28-16  home, the board of trustees of the school district in which the child resides

28-17  shall authorize the child to participate in a class that is not available to the

28-18  child at the private school or home school or participate in an

28-19  extracurricular activity, excluding sports, at a public school within the

28-20  school district if:

28-21  (a) Space for the child in the class or extracurricular activity is

28-22  available; and

28-23  (b) The parent or legal guardian demonstrates to the satisfaction of the

28-24  board of trustees that the child is qualified to participate in the class or

28-25  extracurricular activity.

28-26  If the board of trustees of a school district authorizes a child to participate

28-27  in a class or extracurricular activity, excluding sports, pursuant to this

28-28  subsection, the board of trustees is not required to provide transportation

28-29  for the child to attend the class or activity.

28-30  4.  The board of trustees of a school district may revoke its approval for

28-31  a pupil to participate in a class or extracurricular activity at a public school

28-32  pursuant to subsection 3 if the board of trustees or the public school

28-33  determines that the pupil has failed to comply with applicable statutes, or

28-34  applicable rules and regulations of the board of trustees. If the board of

28-35  trustees revokes its approval, neither the board of trustees nor the public

28-36  school are liable for any damages relating to the denial of services to the

28-37  pupil.

28-38  5.  The board of trustees of a school district or the governing body of

28-39  a charter school that provides a program of distance education pursuant

28-40  to sections 10 to 21, inclusive, of this act shall, upon the request of a

28-41  parent or legal guardian of a child who is enrolled in a private school or

28-42  who receives instruction at home, authorize the child to participate in a

28-43  class offered through the program of distance education that is not

28-44  available to the child at the private school or home school or participate

28-45  in an extracurricular activity offered through the program of distance

28-46  education if:

28-47  (a) Space for the child in the class or extracurricular activity is

28-48  available; and

29-1    (b) The parent or legal guardian demonstrates to the satisfaction of

29-2  the board of trustees or governing body, as applicable, that the child is

29-3  qualified to participate in the class or extracurricular activity.

29-4  If the board of trustees or governing body, as applicable, authorizes a

29-5  child to participate in a class or extracurricular activity pursuant to this

29-6  subsection, the board of trustees or governing body is not required to

29-7  provide transportation for the child to participate in the class or activity.

29-8    6.  If the board of trustees of a school district other than the school

29-9  district in which a child resides or the governing body of a charter school

29-10  authorizes a child to participate in a class or extracurricular activity

29-11  pursuant to subsection 5, the board of trustees or governing body, as

29-12  applicable, shall provide written notice of the authorization to the board

29-13  of trustees of the school district in which the child resides. Upon receipt

29-14  of the written notice, the board of trustees of the school district in which

29-15  the child resides shall enter into a written agreement with the board of

29-16  trustees or governing body that provides the program of distance

29-17  education. A separate agreement must be prepared for each year that a

29-18  child participates in a class or extracurricular activity offered through a

29-19  program of distance education. The written agreement must:

29-20  (a) Contain a statement prepared by the board of trustees of the school

29-21  district in which the child resides indicating that the board of trustees

29-22  understands that the child will be included in the calculation of basic

29-23  support for the school district pursuant to subparagraph (7) of paragraph

29-24  (a) of subsection 1 of NRS 387.1233 and that the superintendent of

29-25  public instruction will make appropriate adjustments in the

29-26  apportionments to the school district pursuant to NRS 387.124 to account

29-27  for the child’s enrollment in the program of distance education;

29-28  (b) Contain a statement prepared by the board of trustees of the school

29-29  district in which the child resides and the board of trustees or governing

29-30  body that provides the program of distance education setting forth the

29-31  percentage of the total time services will be provided to the child through

29-32  the program of distance education per school day in proportion to the

29-33  total time services are provided during a school day to pupils who are

29-34  counted pursuant to subparagraph (2) of paragraph (a) of subsection 1

29-35  of NRS 387.1233 for the school district in which the pupil resides;

29-36  (c) Be signed by the board of trustees of the school district in which

29-37  the child resides and the board of trustees or governing body, as

29-38  applicable, that provides the program of distance education; and

29-39  (d) Include any other information required by the state board by

29-40  regulation.

29-41  7.  On or before September 1 of each year, a written agreement must

29-42  be filed with the superintendent of public instruction for each child who

29-43  participates in a program of distance education pursuant to subsection 5.

29-44  The superintendent of public instruction shall apportion money for that

29-45  child in accordance with subsection 4 of NRS 387.124 regardless of

29-46  whether an agreement has been filed as required by this section if the

29-47  child was included in the count for basic support pursuant to NRS

29-48  387.1233.

30-1    8.  The board of trustees of a school district or the governing body of

30-2  a charter school, as applicable, may revoke its approval for a child to

30-3  participate in a class or extracurricular activity pursuant to subsection 5

30-4  if the board of trustees or governing body determines that the child has

30-5  failed to comply with applicable statutes, or applicable rules and

30-6  regulations. If the board of trustees or governing body revokes its

30-7  approval, neither the board of trustees or governing body, as applicable,

30-8  nor the program of distance education are liable for any damages

30-9  relating to the denial of services to the child.

30-10  9.  The programs of special education and related services required by

30-11  subsection 2 may be offered at a public school or another location that is

30-12  appropriate.

30-13  [6.] 10.  The department may adopt such regulations as are necessary

30-14  for the boards of trustees of school districts to provide the programs of

30-15  special education and related services required by subsection 2.

30-16  [7.] 11.  As used in this section, “related services” has the meaning

30-17  ascribed to it in 20 U.S.C. § 1401(22).

30-18  Sec. 30.  On or before April 1, 2002, the state board of education shall

30-19  adopt regulations required by section 21 of this act.

30-20  Sec. 31.  The state board of education shall accept applications to

30-21  provide programs of distance education in accordance with section 13 of

30-22  this act for programs that will commence operation with the 2002-2003

30-23  school year. If any deadlines contained within the regulations adopted by

30-24  the state board of education pursuant to section 21 of this act prohibit a

30-25  school district or charter school from submitting an application for the

30-26  2002-2003 school year, the state board of education shall grant a shorter

30-27  period for a school district or charter school to submit an application for

30-28  the 2002-2003 school year notwithstanding the provisions of those

30-29  regulations.

30-30  Sec. 32.  1.  This section and sections 21, 30 and 31 of this act

30-31  become effective upon passage and approval.

30-32  2.  Sections 1 to 20.5 inclusive, and 22 to 29, inclusive, of this act

30-33  become effective on July 1, 2002.

 

30-34  H