2001 REGULAR SESSION (71st) A AB319 R1 957
Adoption of this amendment will REMOVE the unfunded mandate from AB319 R1.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 and 2 and inserting:
“Secs. 1 and 2. (Deleted by amendment.)”.
Amend sec. 4, page 7, line 7, by deleting “disabilities,” and inserting:
“disabilities and pupils whose primary language is not English,”.
Amend sec. 4, page 7, by deleting line 10 and inserting:
“subsection 5 of NRS 389.015,”.
Amend sec. 6, page 7, line 39, after “years.” by inserting:
“The school in which such a pupil is enrolled shall allow the pupil to participate in the graduation ceremony of the school to receive his certificate of attendance.”.
Amend sec. 7, page 8, line 37, by deleting:
“inclusive, and section 1 of this act.” and inserting “inclusive.”.
Amend sec. 8, page 10, line 14, by deleting “pupil,” and inserting:
“pupil or the pupil’s individualized education program team,”.
Amend sec. 8, page 10, line 41, by deleting “disability,” and inserting:
“disability and a pupil whose primary language is not English,”.
Amend sec. 8, pages 10 and 11, by deleting line 48 on page 10 and line 1 on page 11 and inserting:
“with the requirements set forth in this subsection, complete remedial study that is determined to be”.
Amend sec. 8, page 11, line 8, after “years.” by inserting:
“The school in which such a pupil is enrolled shall allow the pupil to participate in the graduation ceremony of the school to receive his certificate of attendance.”.
Amend sec. 8, page 12, between lines 8 and 9, by inserting:
“9. As used in this section, “individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).”.
Amend the bill as a whole by adding new sections designated sections 11.3 and 11.7, following sec. 11, to read as follows:
“Sec. 11.3. 1. The department shall, in consultation with the boards of trustees of school districts, the Nevada State Education Association, or its successor, and local associations and organizations of parents whose children are enrolled in public schools throughout this state, prepare and publish a list of not more than 10 model programs for the discipline of pupils that have proven effective for use by elementary schools, middle schools, junior high schools and high schools. In preparing the list, the department shall:
(a) Consider the effectiveness of each model program;
(b) Consider the disciplinary needs of schools located in urban areas and the disciplinary needs of schools located in rural areas; and
(c) Designate the grade level of pupils for whom each model program is designed.
2. Each school district shall adopt as many model programs approved by the department as are necessary to ensure that an appropriate model program is available for each grade level of pupils enrolled in the school district. Each school district shall ensure that each elementary school, junior high school, middle school and high school within the school district carries out the appropriate model program. Upon the approval of the department, a school district may adopt an expanded program of discipline if the expanded program complies with the corresponding model program. A public school of the school district may use only a program of discipline that is included on the list or, if applicable, an expanded program.
3. A school district may budget for the model programs carried out in the school district by including the costs of each model program in the regular budget for the school district.
Sec. 11.7. 1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a school district or charter school with the intent to:
(a) Intimidate, frighten, alarm or distress a pupil or employee of a school district or charter school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a public school, including, without limitation, a charter school.
2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:
(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a school district or charter school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a public school, including, without limitation, a charter school.
3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:
(a) A letter, note or any other type of written correspondence.
(b) An item of mail or a package delivered by any person or postal or delivery service.
(c) A telegraph or wire service, or any other similar means of communication.
(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.
(f) An audio or video recording or reproduction, or any other similar means of communication.
(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.”.
Amend sec. 16, page 16, by deleting lines 5 and 6 and inserting:
“one person employed by the school district who drives a school bus, one person employed by the school district as an administrator and one person employed by the school district as a teacher. An”.
Amend sec. 18, page 17, by deleting lines 17 through 19 and inserting:
“is issued pursuant to paragraph (a), his immediate supervisor may take action against the principal pursuant to NRS 391.311 to 391.3197, inclusive.”.
Amend the bill as a whole by adding new sections designated sections 19.3 and 19.7, following sec. 19, to read as follows:
“Sec. 19.3. NRS 392.480 is hereby amended to read as follows:
392.480 1. It is unlawful for any person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
2. It is unlawful for any person to [threaten or] assault any pupil or school employee:
(a) Within the building or grounds of the school;
(b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or
(c) At a location where the pupil or school employee is involved in an activity sponsored by a public school.
FLUSH
Except under circumstances described in paragraph (c) of
subsection 2 of NRS 200.471 or in NRS 200.571, any person who violates any of
the provisions of this subsection is guilty of a misdemeanor.
3. It is unlawful for any person maliciously and purposely in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
4. For the purposes of this section “school employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
Sec. 19.7. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person shall not, through the use of any means of oral, written or electronic communication, knowingly threaten to cause bodily harm or death to a pupil or employee of a private school with the intent to:
(a) Intimidate, frighten, alarm or distress a pupil or employee of a private school;
(b) Cause panic or civil unrest; or
(c) Interfere with the operation of a private school.
2. Unless a greater penalty is provided by specific statute, a person who violates the provisions of subsection 1 is guilty of:
(a) A misdemeanor, unless the provisions of paragraph (b) apply to the circumstances.
(b) A gross misdemeanor, if the threat causes:
(1) Any pupil or employee of a private school who is the subject of the threat to be intimidated, frightened, alarmed or distressed;
(2) Panic or civil unrest; or
(3) Interference with the operation of a private school.
3. As used in this section, “oral, written or electronic communication” includes, without limitation, any of the following:
(a) A letter, note or any other type of written correspondence.
(b) An item of mail or a package delivered by any person or postal or delivery service.
(c) A telegraph or wire service, or any other similar means of communication.
(d) A telephone, cellular phone, satellite phone, page or facsimile machine, or any other similar means of communication.
(e) A radio, television, cable, closed-circuit, wire, wireless, satellite or other audio or video broadcast or transmission, or any other similar means of communication.
(f) An audio or video recording or reproduction, or any other similar means of communication.
(g) An item of electronic mail, a modem or computer network, or the Internet, or any other similar means of communication.”.
Amend the bill as whole by deleting sections 21 through 23, and adding new sections designated sections 21 through 23, following sec. 20, to read as follows:
“Sec. 21. On or before July 1, 2002, the department of education shall develop alternative assessments in lieu of the high school proficiency examination for pupils with disabilities and pupils whose primary language is not English to receive a mastery diploma pursuant to section 6 of this act. The assessments must be available for use commencing with the 2002-2003 school year. The department of education may conduct selected reviews of the alternative assessments in the fall semester of 2002.
Sec. 22. Notwithstanding the provisions of NRS 389.015 and this act to the contrary, if a pupil who is classified as a senior in high school during the 2000-2001 school year or the 2001-2002 school year, fulfilled the requirements for a standard high school diploma except that he did not receive a passing score on the high school proficiency examination on the final administration of the examination in the applicable school year:
1. The school in which the pupil is enrolled shall allow the pupil to participate in the graduation ceremony of his high school in 2001 or 2002, as applicable; and
2. The pupil must be awarded a standard high school diploma.
FLUSH FLUSH
If such a pupil has been given a certificate of attendance
before the effective date of this act, he must be awarded a standard high
school diploma to replace the certificate of attendance.
Sec. 23. 1. On or before March 1, 2002, the department of education shall prepare and publish a list of model programs for the discipline of pupils pursuant to section 11.3 of this act.
2. On or before November 1, 2002, each school district shall:
(a) Determine which model programs approved by the department of education will be most effective in the school district;
(b) Adopt those model programs identified in paragraph (a) that will be carried out by each elementary school, junior high school, middle school and high school of the school district.
(c) Notify the department of education of the model programs adopted by the school district.
3. During the 2002-2003 school year, each school district shall plan and budget for the implementation of the model programs in the school district. A school district shall budget for the model programs by:
(a) Eliminating the programs of discipline currently carried out in the school district that do not comply with the model programs and are not included on the list prepared by the department of education.
(b) Including the costs of the model programs adopted by the school district in the budget of the school district.
4. Each school district shall ensure that the model programs adopted by the school district are carried out not later than the school year commencing in 2003.”.
Amend the bill as a whole by deleting section 25 and adding new sections designated sections 25 and 26, following sec. 24, to read as follows:
“Sec. 25. The provisions of this act do not apply to offenses committed before July 1, 2001.
Sec. 26. 1. This section and section 22 of this act become effective upon passage and approval.
2. Sections 1 to 5, inclusive, 8 to 21, inclusive, 23, 24 and 25 of this act become effective on July 1, 2001.
3. Sections 6 and 7 of this act become effective on July 1, 2002.”.
Amend the title of the bill to read as follows:
“AN ACT relating to education; revising provisions governing the reports of accountability prepared by boards of trustees of school districts; designating the types of diplomas that may be issued to pupils; authorizing a parent or legal guardian of a pupil to request an exemption for the pupil from the high school proficiency examination; revising provisions governing the administration of the achievement and proficiency examinations; requiring the department of education to adopt model programs for the discipline of pupils; requiring each school district to adopt appropriate model programs of discipline for use in the schools within the school district; authorizing drivers of school buses to remove the privilege of disruptive pupils to ride a school bus; requiring boards of trustees of school districts to establish certain committees to review the removal of the privilege of a pupil to ride a school bus; providing that certain pupils who do not pass the high school proficiency examination are eligible to receive a standard high school diploma; providing a penalty; and providing other matters properly relating thereto.”.