A.B. 357
Assembly Bill No. 357–Assemblymen Hettrick, Cegavske, Berman, Brower, Brown, Claborn, de Braga, Freeman, Gibbons, Humke, Nolan, Parks, Tiffany, Von Tobel and Williams
March 14, 2001
____________
Referred to Committee on Education
SUMMARY—Revises provisions governing organization and membership of state board of education. (BDR 34‑786)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; eliminating the provisions for the election of the members of the state board of education; providing for the appointment of the members of the state board of education; prohibiting certain members of the state board of education from participating in actions of the state board under certain circumstances; 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 385.021 is hereby amended to read as follows:
1-2 385.021 1. The state board of education consists of [eleven members
1-3 elected by the registered voters within the following districts:
1-4 (a) District 1 consisting of all of Washoe County except census voting
1-5 districts 0326, 0334, 0341, 0344, 0349, 0703, 0705, 0712, 0716, 0720,
1-6 0721, 0722, 0723, 0724, 0727, 0729, 0730, 0731, 0732, 0733, 0736, 0737,
1-7 0739, 0740, 0742, 0744, 0746 and 0769, that portion of census voting
1-8 district 0771 located in the New Washoe City census county division,
1-9 census voting district 0805, that portion of census voting district 0815
1-10 located in the Pyramid Lake census county division, and census voting
1-11 districts 0816, 0817, 0818, 0832, 0833, 0834, 0902, 0903, 0910, 0930,
1-12 0933, 0935, 0939 and 0945.
1-13 (b) District 2 consisting of Clark County, Lincoln County, and, in Nye
1-14 County, census voting districts 0060, 0065, 0070, 0075, 0080, 0085, 0090
1-15 and 0095.
1-16 (c) District 3 consisting of the remainder of the state.
1-17 2. Each member of the state board must be a resident of the subdistrict
1-18 from which that member is elected.
1-19 3. At the general election in 1992, and every 4 years thereafter:
2-1 (a) From district No. 1, one member of the state board must be elected
2-2 for a term of 4 years.
2-3 (b) From district No. 2, four members of the state board must be elected
2-4 for a term of 4 years.
2-5 (c) From district No. 3, one member of the state board must be elected
2-6 for a term of 4 years.
2-7 4. At the general election in 1994, and every 4 years thereafter:
2-8 (a) From district No. 1, one member of the state board must be elected
2-9 for a term of 4 years.
2-10 (b) From district No. 2, three members of the state board must be
2-11 elected for a term of 4 years.
2-12 (c) From district No. 3, one member of the state board must be elected
2-13 for a term of 4 years.
2-14 5.] 11 members appointed as follows:
2-15 (a) Five members appointed by the governor, at least two of whom
2-16 must be members of the boards of trustees of schools districts.
2-17 (b) Two members appointed by the majority leader of the senate, at
2-18 least one of whom must be a member of the board of trustees of a school
2-19 district.
2-20 (c) One member appointed by the minority leader of the senate.
2-21 (d) Two members appointed by the speaker of the assembly, at least
2-22 one of whom must be a member of the board of trustees of a school
2-23 district.
2-24 (e) One member appointed by the minority leader
of the
assembly.
2-25 A member of the legislature must not be appointed to serve on the state
2-26 board.
2-27 2. The board of trustees of each school district may submit to the
2-28 governor a list of nominations from among its membership for
2-29 consideration by the governor, but the governor is not limited to those
2-30 members who are so nominated when making his appointments.
2-31 3. If a member of the state board who is a member of the board of
2-32 trustees of a school district is not reelected to the board of trustees or
2-33 otherwise ceases to be a member of the board of trustees during his
2-34 service on the state board, his membership on the state board
2-35 automatically expires on the date that he ceases to be a member of the
2-36 board of trustees.
2-37 4. If a vacancy occurs on the state board, the [governor shall appoint a
2-38 member to fill the vacancy until the next general election, at which election
2-39 a member must be chosen for the balance of the unexpired term. The
2-40 appointee must be a resident of the subdistrict where the vacancy occurs.
2-41 6. No member of the state board may be elected to the office more
2-42 than three times.] vacancy must be filled in the same manner as the
2-43 original appointment for the remainder of the unexpired term.
2-44 5. Each member of the state board serves a term of 3 years, expiring
2-45 on the first Monday in January. A member of the state board may not
2-46 serve for more than three consecutive terms. Service of 2 or more years
2-47 in filling an unexpired term constitutes a term for purposes of this
2-48 subsection.
3-1 Sec. 2. NRS 385.030 is hereby amended to read as follows:
3-2 385.030 1. [At its first meeting after each election and qualification
3-3 of newly elected members, the] The state board [of education] shall
3-4 organize by electing one of its members as president, to serve at the
3-5 pleasure of the state board.
3-6 2. The superintendent of public instruction is the secretary of the state
3-7 board and shall serve without additional salary.
3-8 Sec. 3. NRS 385.040 is hereby amended to read as follows:
3-9 385.040 1. The state board [of education] may hold at least four
3-10 regular meetings annually at the state capital. The secretary shall call all
3-11 regular meetings.
3-12 2. The state board may hold special meetings at such other times and
3-13 places as the state board may direct. The secretary shall call special
3-14 meetings upon the written request of the president or any three members of
3-15 the state board.
3-16 3. A majority of the state board constitutes a quorum for the
3-17 transaction of business, and no action of the state board is valid unless that
3-18 action receives, at a legally called meeting, the approval of a majority of all
3-19 board members. If a member of the state board does not participate in a
3-20 decision, determination or action of the state board because of the
3-21 requirements of NRS 386.570, 387.1245, 387.510, 387.612, 388.368,
3-22 388.700, 391.320, 391.322, 391.323, 391.350, 391.355 or 393.085, the
3-23 necessary quorum for the transaction of business and the number of
3-24 votes necessary to act upon a matter is reduced as though the member
3-25 who does not participate were not a member of the state board.
3-26 Sec. 4. NRS 386.507 is hereby amended to read as follows:
3-27 386.507 1. The subcommittee on charter schools of the state board is
3-28 hereby created. The president of the state board shall appoint [three] :
3-29 (a) Three members of the state board to serve as regular members on
3-30 the subcommittee[.] ; and
3-31 (b) One member of the state board to serve as an alternate member on
3-32 the subcommittee.
3-33 2. Except as otherwise provided in this section, the members of the
3-34 subcommittee serve terms of 2 years. If a member is not reelected to the
3-35 state board during his service on the subcommittee, his term on the
3-36 subcommittee expires when his membership on the state board expires.
3-37 Members of the subcommittee may be reappointed.
3-38 Sec. 5. NRS 386.525 is hereby amended to read as follows:
3-39 386.525 1. Upon approval of an application by the department, a
3-40 committee to form a charter school may submit the application to the board
3-41 of trustees of the school district in which the proposed charter school will
3-42 be located. If the board of trustees of a school district receives an
3-43 application to form a charter school, it shall consider the application at its
3-44 next regularly scheduled meeting, but not later than 14 days after the
3-45 receipt of the application, and ensure that notice of the meeting has been
3-46 provided pursuant to chapter 241 of NRS. The board of trustees shall
3-47 review the application to determine whether the application:
3-48 (a) Complies with NRS 386.500 to 386.610, inclusive, and the
3-49 regulations applicable to charter schools; and
4-1 (b) Is complete in accordance with the regulations of the department.
4-2 2. The department shall assist the board of trustees of a school district
4-3 in the review of an application. The board of trustees shall approve an
4-4 application if it satisfies the requirements of paragraphs (a) and (b) of
4-5 subsection 1. The board of trustees shall provide written notice to the
4-6 applicant of its approval or denial of the application.
4-7 3. If the board of trustees denies an application, it shall include in the
4-8 written notice the reasons for the denial and the deficiencies in the
4-9 application. The applicant must be granted 30 days after receipt of the
4-10 written notice to correct any deficiencies identified in the written notice
4-11 and resubmit the application.
4-12 4. If the board of trustees denies an application after it has been
4-13 resubmitted pursuant to subsection 3, the applicant may submit a written
4-14 request to the subcommittee on charter schools created pursuant to NRS
4-15 386.507, not more than 30 days after receipt of the written notice of denial,
4-16 to direct the board of trustees to reconsider the application. The
4-17 subcommittee shall consider requests for reconsideration in the order in
4-18 which they are received. If the subcommittee receives such a request, it
4-19 shall consider the request at its next regularly scheduled meeting and
4-20 ensure that notice of the meeting is posted in accordance with chapter 241
4-21 of NRS. Not more than 30 days after the meeting, the subcommittee shall
4-22 provide written notice of its determination to the applicant and to the board
4-23 of trustees. If the subcommittee denies the request for reconsideration, the
4-24 applicant may, not more than 30 days after the receipt of the written notice
4-25 from the subcommittee, appeal the determination to the district court of the
4-26 county in which the proposed charter school will be located. If a member
4-27 of the subcommittee is also a member of the board of trustees of the
4-28 school district that denied the application:
4-29 (a) The member shall not participate in a determination or action of
4-30 the subcommittee pursuant to this subsection.
4-31 (b) Except as otherwise provided in paragraph (c), the alternate
4-32 member of the subcommittee shall serve in his place.
4-33 (c) If the alternate member is also a member of the board of trustees
4-34 of the school district that denied the application, the subcommittee shall
4-35 appoint a member of the state board to serve in his place who is not a
4-36 member of the board of trustees that denied the application.
4-37 5. If the subcommittee on charter schools grants a request to direct
4-38 reconsideration, the written notice to the board of trustees of the school
4-39 district that denied the application must include, without limitation,
4-40 instructions to the board of trustees concerning the reconsideration of the
4-41 application. Not more than 30 days after receipt of the written notice from
4-42 the subcommittee directing the reconsideration, the board of trustees shall
4-43 reconsider the application in accordance with the instructions of the
4-44 subcommittee, make a final determination on the application and provide
4-45 written notice of the determination to the applicant. If, upon
4-46 reconsideration of the application, the board of trustees denies the
4-47 application, the applicant may, not more than 30 days after the receipt of
4-48 the written notice from the board of trustees, appeal the final determination
5-1 to the district court of the county in which the proposed charter school will
5-2 be located.
5-3 Sec. 6. NRS 386.570 is hereby amended to read as follows:
5-4 386.570 1. Each pupil who is enrolled in a charter school, including,
5-5 without limitation, a pupil who is enrolled in a program of special
5-6 education in a charter school, must be included in the count of pupils in the
5-7 school district for the purposes of apportionments and allowances from the
5-8 state distributive school account pursuant to NRS 387.121 to 387.126,
5-9 inclusive, unless the pupil is exempt from compulsory attendance pursuant
5-10 to NRS 392.070. A charter school is entitled to receive its proportionate
5-11 share of any other money available from federal, state or local sources that
5-12 the school or the pupils who are enrolled in the school are eligible to
5-13 receive.
5-14 2. The governing body of a charter school may negotiate with the
5-15 board of trustees of the school district and the state board for additional
5-16 money to pay for services which the governing body wishes to offer. A
5-17 member of the state board shall not participate in a negotiation or action
5-18 of the state board pursuant to this subsection if he is a member of the
5-19 board of trustees of the school district that sponsors the charter school.
5-20 3. To determine the amount of money for distribution to a charter
5-21 school in its first year of operation, the count of pupils who are enrolled in
5-22 the charter school must initially be determined 30 days before the
5-23 beginning of the school year of the school district, based on the number of
5-24 pupils whose applications for enrollment have been approved by the
5-25 charter school. The count of pupils who are enrolled in the charter school
5-26 must be revised on the last day of the first school month of the school
5-27 district in which the charter school is located for the school year, based on
5-28 the actual number of pupils who are enrolled in the charter school.
5-29 Pursuant to subsection 2 of NRS 387.124, the governing body of a charter
5-30 school may request that the apportionments made to the charter school in
5-31 its first year of operation be paid to the charter school 30 days before the
5-32 apportionments are otherwise required to be made.
5-33 4. The governing body of a charter school may solicit and accept
5-34 donations, money, grants, property, loans, personal services or other
5-35 assistance for purposes relating to education from members of the general
5-36 public, corporations or agencies. The governing body may comply with
5-37 applicable federal laws and regulations governing the provision of federal
5-38 grants for charter schools.
5-39 5. If a charter school uses money received from this state to purchase
5-40 real property, buildings, equipment or facilities, the governing body of the
5-41 charter school shall assign a security interest in the property, buildings,
5-42 equipment and facilities to the State of Nevada.
5-43 Sec. 7. NRS 387.1245 is hereby amended to read as follows:
5-44 387.1245 1. The board of trustees of any school district in this state
5-45 whose estimated receipts from all sources provided by this chapter and
5-46 chapter 374 of NRS are less than the total estimated receipts from these
5-47 sources in the final approved budget for the fiscal year, and which cannot
5-48 therefore provide a minimum program of education and meet its contract
6-1 obligations, may apply for emergency financial assistance from the state
6-2 distributive school account in the state general fund.
6-3 2. The application must be made to the state board of education in the
6-4 form prescribed by the superintendent of public instruction, and in
6-5 accordance with guidelines for evaluating needs for emergency financial
6-6 assistance as established by the state board of education.
6-7 3. Before acting on any such application, the state board of education
6-8 and state board of examiners, jointly, shall determine the difference
6-9 between the total amount of money appropriated and authorized for
6-10 expenditure during the current biennium from the state distributive school
6-11 account in the state general fund and the total amount of money estimated
6-12 to be payable from that fund during the biennium, and shall make no
6-13 distribution in excess of that difference.
6-14 4. The state board of education shall review each application and shall
6-15 by resolution find the least amount of additional money, if any, which it
6-16 deems necessary to enable the board of trustees of the applying school
6-17 district to provide a minimum educational program and meet its irreducible
6-18 contract obligations. In making this determination, the state board of
6-19 education shall consider also the amount available in the state distributive
6-20 school account in the state general fund and the anticipated amount of
6-21 future applications, so that no deserving school district will be wholly
6-22 denied relief. Any money allocated by the state board of education under
6-23 this section may not exceed, when added to all other estimated resources,
6-24 the total estimated receipts in the final approved budget of the applying
6-25 school district for the fiscal year.
6-26 5. If the state board of education finds that emergency assistance
6-27 should be granted to an applying school district, it shall transmit its
6-28 resolution finding the amount to the state board of examiners, along with a
6-29 report of its then current estimate of the total requirements to be paid from
6-30 the state distributive school account in the state general fund during the
6-31 then current fiscal year.
6-32 6. The state board of examiners shall independently review each
6-33 resolution so transmitted by the state board of education, may require the
6-34 submission of such additional justification as it deems necessary, and shall
6-35 find by resolution the amount of emergency assistance, if any, to be
6-36 granted. The board may defer, and subsequently grant or deny, any part of
6-37 a request. Any emergency assistance granted by the state board of
6-38 examiners may not exceed, when added to all other estimated resources,
6-39 the total estimated receipts in the final approved budget of the applying
6-40 school district for the fiscal year.
6-41 7. The state board of examiners shall transmit one copy of its finding
6-42 to the state board of education and one copy to the state controller. A claim
6-43 pursuant to a grant of emergency assistance must be paid from the state
6-44 distributive school account in the state general fund as other claims against
6-45 the state are paid.
6-46 8. Money received by a school district pursuant to a grant of relief may
6-47 be expended only in accordance with the approved budget of that school
6-48 district for the fiscal year for which the grant is made. No formal action to
6-49 incorporate the money so received in the approved budget is required, but
7-1 the receipts must be reported as other receipts are reported and explained in
7-2 a footnote as medium-term obligations are explained.
7-3 9. The state board of education shall transmit to the legislature a report
7-4 of each grant of emergency assistance paid pursuant to this section.
7-5 10. A member of the state board of education shall not participate in
7-6 a determination or action of the state board of education pursuant to this
7-7 section regarding an application if he is a member of the board of
7-8 trustees that submitted the application.
7-9 Sec. 8. NRS 387.510 is hereby amended to read as follows:
7-10 387.510 1. Whenever a county is abolished as provided in section 36
7-11 of article IV of the constitution of the State of Nevada and NRS 243.420 to
7-12 243.455, inclusive, the county school district whose boundaries are
7-13 conterminous with the boundaries of the county abolished shall, by such
7-14 action, also be abolished.
7-15 2. When all of the territory of an abolished county is included within
7-16 the territory of an existing county, the territory of the abolished county
7-17 school district shall be included within the county school district whose
7-18 boundaries are conterminous with the boundaries of the existing county.
7-19 3. When all of the territory of an abolished county is included within
7-20 the territory of two or more existing counties, the territory of the abolished
7-21 county school district shall be included within the territory of the county
7-22 school districts whose boundaries are conterminous with the boundaries of
7-23 the existing counties.
7-24 4. When a portion of a county is detached and annexed to another
7-25 county, that portion so detached and annexed shall become a part of the
7-26 county school district whose boundaries are conterminous with the
7-27 boundaries of the county to which the portion is annexed.
7-28 5. When territory is taken from one county school district and annexed
7-29 to another, the territory becomes liable to taxation for the bonded
7-30 indebtedness of the district to which it is annexed.
7-31 6. The state board [of education] shall, by order entered on its minutes,
7-32 within 60 days after the changes, determine what proportion of the
7-33 outstanding bonded indebtedness of the county school district, from which
7-34 territory was taken, was incurred for the acquisition or improvement of
7-35 school sites, buildings or fixtures situated in the territory transferred. The
7-36 district to which the territory was annexed shall thereupon become liable
7-37 for the proportion of the indebtedness so determined. A member of the
7-38 state board shall not participate in a determination or action of the state
7-39 board pursuant to this subsection if he is a member of the board of
7-40 trustees of the school district from which territory was taken or the
7-41 district to which territory was annexed.
7-42 Sec. 9. NRS 387.612 is hereby amended to read as follows:
7-43 387.612 1. Money received by the state board pursuant to NRS
7-44 482.37936 must be deposited in the fund for public education which is
7-45 hereby created as a special revenue fund in the state treasury. Money in the
7-46 fund must not be commingled with money from other sources. The state
7-47 board shall disburse the money in the fund to schools in this state, upon the
7-48 request of the school or the board of trustees of the school district in which
7-49 the school is located, giving preference to those schools that the state board
8-1 or the board of trustees of the school district in which the school is located
8-2 has classified as serving a significant proportion of pupils who are
8-3 economically disadvantaged. A member of the state board shall not
8-4 participate in a decision or action of the state board pursuant to this
8-5 subsection if the school that receives the disbursement is located within
8-6 the school district that he represents as a member of the board of
8-7 trustees.
8-8 2. A school that receives money pursuant to this section may expend
8-9 the money only to purchase textbooks and laboratory equipment and to pay
8-10 for field trips for pupils.
8-11 Sec. 10. NRS 388.368 is hereby amended to read as follows:
8-12 388.368 1. The state board, in consultation with the assisting
8-13 agencies and the business community that will be included in the
8-14 partnerships established pursuant to paragraph (a) of subsection 4, shall:
8-15 (a) Adopt a comprehensive program to offer pupils who are enrolled in
8-16 grades 7 to 12, inclusive, the skills to make the transition from school to
8-17 careers; and
8-18 (b) Carry out and review the program.
8-19 2. The program to provide pupils with the skills to make the transition
8-20 from school to careers may be designed to achieve the following
8-21 objectives:
8-22 (a) To provide the pupils participating in the program with an equitable
8-23 opportunity to learn about and explore various career options of their
8-24 choice before the completion of middle school.
8-25 (b) To offer career counseling for interested pupils who are enrolled in
8-26 grades 7 to 12, inclusive.
8-27 (c) To provide information concerning the program.
8-28 (d) To provide the pupils participating in the program with an equitable
8-29 opportunity to achieve high academic standards and to obtain training in
8-30 occupations of their choice. If desired, a pupil who has chosen to receive
8-31 training in an occupation may choose to receive training in another
8-32 occupation of his choice, or may terminate his participation in the program,
8-33 without the loss of credit, at such times as are allowed by the state board,
8-34 but in no case may a pupil be required to continue with the training or
8-35 participate in the program for more than one semester.
8-36 (e) To continue and enhance existing technical and vocational education
8-37 programs that are voluntary, including, without limitation, programs
8-38 adopted pursuant to the Carl D. Perkins Vocational and Applied
8-39 Technology Education Act , [(]20 U.S.C. §§ 2301 et seq.[).]
8-40 (f) To allow a system for awarding certificates of technical or
8-41 vocational proficiency. Such a certificate must not be awarded as a
8-42 replacement for or in lieu of a high school diploma.
8-43 (g) To allow pupils participating in the program to participate in
8-44 educational activities in the workplace.
8-45 (h) To offer pupils participating in the program job training and
8-46 placement or programs for preparation for postsecondary education during
8-47 the 12th grade, or both.
8-48 (i) To encourage the relationship among the business community,
8-49 school districts, charter schools and universities and community colleges
9-1 within the University and Community College System of Nevada to
9-2 promote job training and internships.
9-3 (j) To offer statewide participation in the program for pupils who are
9-4 enrolled in grades 7 to 12, inclusive.
9-5 (k) To encourage teachers and other educational personnel to continue
9-6 their educational development related to the program.
9-7 (l) To adopt a process to evaluate the program and to integrate
9-8 improvements in compliance with the Family Educational Rights and
9-9 Privacy Act , [(]20 U.S.C. §§ 1232g et seq.[).] To carry out the purposes
9-10 of this paragraph, the state board may adopt a system for evaluating
9-11 participation in the program only to produce aggregate statistical
9-12 information needed to evaluate the program, but not to ensure that a pupil
9-13 completes job training for a particular career. This paragraph does not
9-14 prohibit the collection of data necessary to carry out the provisions of NRS
9-15 389.015 and 389.017.
9-16 3. The program adopted by the state board must be designed to offer
9-17 an equitable opportunity for all pupils to participate in the program,
9-18 including, without limitation:
9-19 (a) Male and female pupils;
9-20 (b) Pupils who are of diverse racial, ethnic and cultural backgrounds;
9-21 (c) Pupils whose primary language is not English;
9-22 (d) Pupils who have disabilities;
9-23 (e) Pupils who are gifted and talented;
9-24 (f) Pupils who are at high risk of dropping out of school; and
9-25 (g) Pupils who are disadvantaged, economically or otherwise.
9-26 4. To be eligible to receive funding for and to participate in the
9-27 program established pursuant to this section, a school district, a charter
9-28 school or a university or community college within the University and
9-29 Community College System of Nevada must submit to the state board an
9-30 application that includes:
9-31 (a) A description of the partnership between the school district, charter
9-32 school, university or community college and the business community that
9-33 will be established to carry out the program adopted pursuant to this
9-34 section. The partnership must consist of employers, representatives of local
9-35 educational agencies, local postsecondary educational institutions,
9-36 representatives of labor organizations, pupils, parents and persons
9-37 representing rehabilitation, employment and training services.
9-38 (b) A plan that describes how the partnership will carry out the
9-39 objectives of the program, including specific requirements for periodic
9-40 review and approval by the members of the partnership representing the
9-41 business community of the means of obtaining those objectives. The
9-42 members of the partnership who perform the periodic review shall make a
9-43 determination of whether the program is actually improving the skills of
9-44 the participants to make the transition from school to careers. The members
9-45 of the partnership who perform the periodic review must include employers
9-46 who are likely to hire pupils who complete the program as well as other
9-47 employers who are active in the establishment of programs for job training
9-48 and placement.
10-1 (c) A description of an annual evaluation to be conducted by the
10-2 partnership and used to measure the success of the program. The results of
10-3 the evaluation must be submitted to the state board and contain specific
10-4 comments from the members of the partnership representing the business
10-5 community regarding the effectiveness of the program in producing pupils
10-6 who are ready for employment in the workplace.
10-7 (d) Other information the state board may require to determine the
10-8 eligibility of the school district or the charter school to participate in the
10-9 program.
10-10 5. The state board, in consultation with the assisting agencies and the
10-11 business community that will be included in the partnerships established
10-12 pursuant to paragraph (a) of subsection 4, shall:
10-13 (a) Make a determination on an application that is submitted pursuant to
10-14 this section.
10-15 (b) Submit a report containing its findings, conclusions and
10-16 recommendations regarding the program adopted pursuant to this section to
10-17 each regular session of the legislature on or before February 1 of each odd-
10-18 numbered year.
10-19 6. A member of the state board shall not participate in a
10-20 determination or action of the state board pursuant to this section
10-21 regarding an application if he is a member of the board of trustees that
10-22 submitted the application.
10-23 7. As used in this section, “assisting agencies” means the commission
10-24 on economic development, the department of employment, training and
10-25 rehabilitation, the welfare division of the department of human resources
10-26 and the University and Community College System of Nevada.
10-27 Sec. 11. NRS 388.700 is hereby amended to read as follows:
10-28 388.700 1. Except as otherwise provided in subsections 2, 3 and 6,
10-29 after the last day of the first month of the school year, the ratio in each
10-30 school district of pupils per class in kindergarten and grades 1, 2 and 3 per
10-31 licensed teacher designated to teach those classes full time must not exceed
10-32 15 to 1 in classes where core curriculum is taught. In determining this ratio,
10-33 all licensed educational personnel who teach kindergarten or grade 1, 2 or
10-34 3 must be counted except teachers of art, music, physical education or
10-35 special education, counselors, librarians, administrators, deans and
10-36 specialists.
10-37 2. A school district may, within the limits of any plan adopted pursuant
10-38 to NRS 388.720, assign a pupil whose enrollment in a grade occurs after
10-39 the last day of the first month of the school year to any existing class
10-40 regardless of the number of pupils in the class.
10-41 3. The state board may grant to a school district a variance from the
10-42 limitation on the number of pupils per class set forth in subsection 1 for
10-43 good cause, including the lack of available financial support specifically
10-44 set aside for the reduction of pupil-teacher ratios. A member of the state
10-45 board shall not participate in an action of the state board pursuant to this
10-46 subsection if he is a member of the board of trustees of the school district
10-47 for which the variance is proposed to be granted.
10-48 4. The state board shall, on or before February 1 of each odd-
10-49 numbered year, report to the legislature on:
11-1 (a) Each variance granted by it during the preceding biennium,
11-2 including the specific justification for the variance.
11-3 (b) The data reported to it by the various school districts pursuant to
11-4 subsection 2 of NRS 388.710, including an explanation of that data, and
11-5 the current pupil-teacher ratios per class in kindergarten and grades 1, 2
11-6 and 3.
11-7 5. The department shall, on or before November 15 of each year,
11-8 report to the chief of the budget division of the department of
11-9 administration and the fiscal analysis division of the legislative counsel
11-10 bureau:
11-11 (a) The number of teachers employed;
11-12 (b) The number of teachers employed in order to attain the ratio
11-13 required by subsection 1;
11-14 (c) The number of pupils enrolled; and
11-15 (d) The number of teachers assigned to teach in the same classroom
11-16 with another teacher or in any other arrangement other than one teacher
11-17 assigned to one classroom of pupils,
11-18 during the current school year in kindergarten and grades 1, 2 and 3 for
11-19 each school district.
11-20 6. The provisions of this section do not apply to a charter school.
11-21 Sec. 12. NRS 391.320 is hereby amended to read as follows:
11-22 391.320 1. The state board [of education] may suspend or revoke the
11-23 license of any teacher for any cause specified by law.
11-24 2. A member of the state board shall not participate in a decision or
11-25 action of the state board to suspend or revoke the license of a teacher if
11-26 he is a member of the board of trustees of the school district in which the
11-27 licensee is employed.
11-28 Sec. 13. NRS 391.322 is hereby amended to read as follows:
11-29 391.322 1. If the board of trustees of a school district or the
11-30 superintendent of public instruction or his designee submits a
11-31 recommendation to the state board for the suspension or revocation of a
11-32 license issued pursuant to this chapter, the state board shall give written
11-33 notice of the recommendation to the person to whom the license has been
11-34 issued.
11-35 2. A notice given pursuant to subsection 1 must contain:
11-36 (a) A statement of the charge upon which the recommendation is based;
11-37 (b) A copy of the recommendation received by the state board;
11-38 (c) A statement that the licensee is entitled to a hearing before a hearing
11-39 officer if the licensee makes a written request for the hearing as provided
11-40 by subsection 3; and
11-41 (d) A statement that the grounds and procedure for the suspension or
11-42 revocation of a license are set forth in NRS 391.320 to 391.361, inclusive.
11-43 3. A licensee to whom notice has been given pursuant to this section
11-44 may request a hearing before a hearing officer selected pursuant to
11-45 subsection 4. Such a request must be in writing and must be filed with the
11-46 superintendent of public instruction within 15 days after receipt of the
11-47 notice by the licensee.
11-48 4. Upon receipt of a request filed pursuant to subsection 3, the
11-49 superintendent of public instruction shall request from the American
12-1 Arbitration Association a list of seven potential arbitrators to act as hearing
12-2 officers. The licensee requesting a hearing and the superintendent of public
12-3 instruction shall select a person to serve as hearing officer from the list
12-4 provided by alternately striking one name until the name of only one
12-5 arbitrator remains. The superintendent of public instruction shall strike the
12-6 first name.
12-7 5. If no request for a hearing is filed within the time specified in
12-8 subsection 3, the state board may suspend or revoke the license or take no
12-9 action on the recommendation.
12-10 6. A member of the state board shall not participate in a decision or
12-11 action of the state board pursuant to this section if he is a member of the
12-12 board of trustees of the school district in which the licensee is employed.
12-13 Sec. 14. NRS 391.323 is hereby amended to read as follows:
12-14 391.323 1. Within 30 days after his selection as hearing officer
12-15 pursuant NRS 391.322, a hearing officer shall conduct a hearing. Within 15
12-16 days after the conclusion of the hearing, the hearing officer shall prepare
12-17 and file with the superintendent of public instruction a report containing:
12-18 (a) A recommendation as to whether the license of the licensee should
12-19 be suspended or revoked; and
12-20 (b) Findings of fact and conclusions of law which support the
12-21 recommendation.
12-22 2. The state board may accept or reject the recommendation or refer
12-23 the report back to the hearing officer for further evidence and
12-24 recommendation, and shall notify the teacher, administrator or other
12-25 licensed employee in writing of its decision. The decision of the state board
12-26 is a final decision in a contested case.
12-27 3. A member of the state board shall not participate in a decision or
12-28 action of the state board pursuant to this section if he is a member of the
12-29 board of trustees of the school district in which the licensee is employed.
12-30 Sec. 15. NRS 391.350 is hereby amended to read as follows:
12-31 391.350 1. Any teacher or other licensed employee employed by any
12-32 board for a specified time who willfully refuses or fails to fulfill his
12-33 employment obligations after he has notified the board of his acceptance of
12-34 employment under subsection 3 of NRS 391.3196 or subsection 2 of NRS
12-35 391.3197 or to comply with the provisions of his contract after it has been
12-36 signed without first obtaining the written consent of the board may be
12-37 found guilty of unprofessional conduct. The board shall not unreasonably
12-38 withhold its consent. Any administrator who willfully secures the signature
12-39 on a statement of intent to accept employment of any teacher or other
12-40 licensed employee who has notified the board of another school district in
12-41 this state of his acceptance of employment is guilty of unprofessional
12-42 conduct, unless the employee has first obtained the written consent of the
12-43 board to which he has given notice of acceptance. If the failure or refusal to
12-44 comply with the provisions of the contract is the result of having
12-45 subsequently executed an employment contract with another board in this
12-46 state without the written consent of the board first employing him, the
12-47 second contract is void.
12-48 2. Upon receiving a formal complaint from the board, substantiated by
12-49 conclusive evidence of a teacher’s failure or refusal under subsection 1 or
13-1 that an administrator has willfully secured such a signature, the state board
13-2 may suspend or revoke the license of the teacher or administrator after
13-3 notice and opportunity for a hearing have been provided pursuant to NRS
13-4 391.322 and 391.323.
13-5 3. A member of the state board shall not participate in a decision or
13-6 action of the state board pursuant to this section if he is a member of the
13-7 board of trustees of the school district in which the licensee is employed.
13-8 4. The superintendent of public instruction shall notify state agencies
13-9 for education in other states of any revocation pursuant to this section.
13-10 Sec. 16. NRS 391.355 is hereby amended to read as follows:
13-11 391.355 1. The state board shall adopt rules of procedure for the
13-12 conduct of hearings conducted pursuant to NRS 391.323.
13-13 2. The rules of procedure must provide for boards of trustees of school
13-14 districts or the superintendent of public instruction or his designee to bring
13-15 charges, when cause exists.
13-16 3. A member of the state board shall not participate in a hearing
13-17 regarding the suspension or revocation of a license of a person if he is a
13-18 member of the board of trustees of the school district in which the
13-19 licensee is employed.
13-20 4. A hearing officer selected pursuant to NRS 391.322 shall, upon the
13-21 request of a party, issue subpoenas to compel the attendance of witnesses
13-22 and the production of books, records, documents or other pertinent
13-23 information to be used as evidence in hearings conducted pursuant to NRS
13-24 391.323.
13-25 Sec. 17. NRS 392.126 is hereby amended to read as follows:
13-26 392.126 1. There is hereby created in each county at least one
13-27 advisory board to review school attendance. The membership of each such
13-28 board may consist of:
13-29 (a) One probation officer in the county who works on cases relating to
13-30 juveniles, appointed by the judge or judges of the juvenile court of the
13-31 county;
13-32 (b) One representative of a law enforcement agency in the county who
13-33 works on cases relating to juveniles, appointed by the judge or judges of
13-34 the juvenile court of the county;
13-35 (c) One representative of the district attorney for the county, appointed
13-36 by the district attorney;
13-37 (d) One parent or legal guardian of a pupil who is enrolled in a public
13-38 school in the county, or his designee or alternate who is also a parent or
13-39 legal guardian, appointed by the president of the board of trustees of the
13-40 school district;
13-41 (e) One member of the board of trustees of the school district, other
13-42 than the member who serves on the state board, appointed by the
13-43 president of the board of trustees;
13-44 (f) One school counselor or school teacher employed by the school
13-45 district, appointed by an organization or association that represents licensed
13-46 educational personnel in the school district;
13-47 (g) One deputy sheriff in the county, appointed by the sheriff of the
13-48 county; and
14-1 (h) One representative of the local office of the division of child and
14-2 family services of the department of human resources, appointed by the
14-3 executive head of that office.
14-4 2. The members of each such board shall elect a chairman from among
14-5 their membership.
14-6 3. Each member of such a board must be appointed for a term of 2
14-7 years. A vacancy in the membership of the board must be filled in the same
14-8 manner as the original appointment for the remainder of the unexpired
14-9 term.
14-10 4. Each member of such a board serves without compensation, except
14-11 that, for each day or portion of a day during which a member of the board
14-12 attends a meeting of the board or is otherwise engaged in the business of
14-13 the board, he is entitled to receive the per diem allowance and travel
14-14 expenses provided for state officers and employees generally. The board of
14-15 trustees of the school district shall pay the per diem allowance and travel
14-16 expenses from the general fund of the school district.
14-17 Sec. 18. NRS 393.085 is hereby amended to read as follows:
14-18 393.085 1. Any resident of a school district who is aggrieved by a
14-19 decision of the board of trustees to close or change the use of a school
14-20 under NRS 393.080 may, within 30 days after the decision is rendered,
14-21 make a written request to the board for a hearing for reconsideration of the
14-22 decision. The board shall schedule the hearing within 30 days after
14-23 receiving the request and shall publish a notice of the time and place of the
14-24 hearing in a newspaper of general circulation in the county at least 10 days
14-25 before the hearing.
14-26 2. Any resident of the school district who is aggrieved by the decision
14-27 of the board of trustees at the reconsideration hearing may, within 30 days
14-28 after that decision is rendered, make a written request to the state board [of
14-29 education] for a hearing to review the decision. The state board [of
14-30 education] shall conduct the hearing in the county in which the school is
14-31 located within 30 days after receiving the request and shall publish a notice
14-32 of the time and place of the hearing in a newspaper of general circulation in
14-33 the county at least 10 days before the hearing. The state board [of
14-34 education] shall hear the matter de novo. The decision of the state board [of
14-35 education] after its hearing is a final decision subject to judicial review as
14-36 provided by law.
14-37 3. A member of the state board shall not participate in a hearing or
14-38 decision of the state board pursuant to this section if he is a member of
14-39 the board of trustees of the school district that made the decision which is
14-40 being reviewed by the state board.
14-41 Sec. 19. NRS 293.103 is hereby amended to read as follows:
14-42 293.103 “School officers” means the board of regents of the
14-43 University of Nevada[, members of the state board of education] and
14-44 school district trustees.
14-45 Sec. 20. NRS 293.109 is hereby amended to read as follows:
14-46 293.109 “State officer” means:
14-47 1. The governor;
14-48 2. The lieutenant governor;
14-49 3. The secretary of state;
15-1 4. The state treasurer;
15-2 5. The state controller;
15-3 6. The attorney general;
15-4 7. A justice of the supreme court;
15-5 8. A state senator;
15-6 9. A state assemblyman;
15-7 10. A regent of the University of Nevada; or
15-8 11. A [member of the state board of education; or
15-9 12.] district judge.
15-10 Sec. 21. NRS 293.195 is hereby amended to read as follows:
15-11 293.195 1. Judicial offices, school offices, the office of county
15-12 sheriff, the board of regents of the University of Nevada, city and town
15-13 officers[, the state board of education] and members of boards of hospital
15-14 trustees of public hospitals are hereby designated nonpartisan offices.
15-15 2. No words designating the party affiliation of a candidate for
15-16 nonpartisan offices may be printed upon the ballot.
15-17 Sec. 22. NRS 385.017, 385.0175, 385.018, 385.019, 385.022,
15-18 385.0225, 385.023, 385.0235, 385.024, 385.0245, 385.025, 385.0255,
15-19 385.0257, 385.0259, 385.026 and 385.0265 are hereby repealed.
15-20 Sec. 23. 1. The five members of the state board of education who
15-21 were elected at the general election in November 1998, serve until their
15-22 terms expire on December 31, 2002. If a vacancy occurs in one of those
15-23 five terms of office before the expiration, the governor shall appoint a
15-24 member for the remainder of the unexpired term.
15-25 2. Upon the expiration of the terms of office of the five members of
15-26 the state board of education who were elected at the general election in
15-27 November 1998:
15-28 (a) The governor shall appoint, not later than January 5, 2003, one
15-29 member to the state board of education in accordance with the amendatory
15-30 provisions of section 1 of this act who is a member of the board of trustees
15-31 of a school district, to a term commencing on January 5, 2003.
15-32 (b) The majority leader designate of the senate and the speaker
15-33 designate of the assembly shall each appoint, not later than January 5,
15-34 2003, one member to the state board of education who is a member of the
15-35 board of trustees of a school district in accordance with the amendatory
15-36 provisions of section 1 of this act, to terms commencing on January 5,
15-37 2003.
15-38 (c) The minority leader designate of the senate and the minority leader
15-39 designate of the assembly shall each appoint, not later than January 5,
15-40 2003, one member to the state board of education in accordance with the
15-41 amendatory provisions of section 1 of this act, to terms commencing on
15-42 January 5, 2003.
15-43 Sec. 24. 1. The six members of the state board of education who
15-44 were elected at the general election in November 2000, serve until their
15-45 terms expire on December 31, 2004. If a vacancy occurs in one of those six
15-46 terms of office before the expiration, the governor shall appoint a member
15-47 for the remainder of the unexpired term.
16-1 2. Upon the expiration of the terms of office of the six members of the
16-2 state board of education who were elected at the general election in
16-3 November 2000:
16-4 (a) The governor shall appoint, not later than January 3, 2005, four
16-5 members to the state board of education in accordance with the amendatory
16-6 provisions of section 1 of this act, to terms commencing on January 3,
16-7 2005. At least one of the members appointed by the governor must be a
16-8 member of the board of trustees of a school district.
16-9 (b) The majority leader of the senate and speaker of the assembly shall
16-10 each appoint, not later than January 3, 2005, one member to the state board
16-11 of education in accordance with the amendatory provisions of section 1 of
16-12 this act, to terms commencing on January 3, 2005.
16-13 Sec. 25. 1. This section and sections 1 and 19 to 24, inclusive, of
16-14 this act become effective on July 1, 2001.
16-15 2. Sections 2 to 18, inclusive, of this act
become effective on
January 1, 2003.
16-16 LEADLINES OF REPEALED SECTIONS
16-17 385.017 Definitions.
16-18 385.0175 Maps of subdistricts: Duties of director of legislative
16-19 counsel bureau.
16-20 385.018 Maps of subdistricts: Duties of secretary of state.
16-21 385.019 Omitted area: Attachment to appropriate subdistrict.
16-22 385.022 Election districts.
16-23 385.0225 District 1: Subdistrict A.
16-24 385.023 District 1: Subdistrict B.
16-25 385.0235 District 2: Subdistrict A.
16-26 385.024 District 2: Subdistrict B.
16-27 385.0245 District 2: Subdistrict C.
16-28 385.025 District 2: Subdistrict D.
16-29 385.0255 District 2: Subdistrict E.
16-30 385.0257 District 2: Subdistrict F.
16-31 385.0259 District 2: Subdistrict G.
16-32 385.026 District 3: Subdistrict A.
16-33 385.0265 District 3: Subdistrict B.
16-34 H