2001 REGULAR SESSION (71st) A AB351 R1 252
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 section 1, page 1, line 2, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend sec. 3, page 3, by deleting lines 1 through 4 and inserting:
“Sec. 3. 1. The superintendent of public instruction shall not apportion money from the state distributive school account, in an amount prescribed in subsection 4, to a school district that has entered into a contract or other agreement to delegate to another its responsibility to operate, manage or oversee a school of the school district unless the board of trustees of the school district has:”.
Amend sec. 3, page 3, line 33, by deleting “and”.
Amend sec. 3, page 3, line 34, after “(e)” by inserting:
“A description of the means by which the board of trustees will ensure:
(1) That the uniform system of common schools that is required by section 2 of article 11 of the constitution of the State of Nevada will not be disrupted by the proposed delegation;
(2) That the proposed operation, oversight or management of each school pursuant to the proposed contract or agreement will comply with all applicable judicial precedents, constitutional requirements and statutory requirements, including, without limitation, requirements relating to racial and ethnic composition of the public schools within the school district;
(3) That no disparate effect on the financial equity of the public schools within the school district is caused by the operation, oversight or management of each school pursuant to the proposed contract or agreement;
(4) Whether the provision of special education and services to pupils with disabilities who are enrolled in a school that is covered by the proposed contract or agreement comply with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.) and NRS 388.440 to 388.520, inclusive; and
(5) That an appropriate and comprehensive program of education will be provided to Nevada’s pupils who attend a school that is covered by the proposed contract or agreement, including, without limitation, whether the classroom setting in each such school is appropriate, whether the teachers in those schools are qualified and whether the curriculum is nonsectarian and otherwise comports with the statutory and regulatory requirements.
(f)”.
Amend sec. 3, pages 3 and 4, by deleting lines 42 through 48 on page 3 and lines 1 through 6 on page 4, and inserting:
“3. The review by the legislature of a written request submitted pursuant to subsection 2 must include, without limitation, an analysis and determination of whether it is reasonable for the State of Nevada to conclude:
(a) That the uniform system of common schools that is required by section 2 of article 11 of the constitution of the State of Nevada will not be disrupted by the proposed delegation;
(b) That the proposed operation, oversight or management of each school pursuant to the proposed contract or agreement will comply with all applicable judicial precedents, constitutional requirements and statutory requirements, including, without limitation, requirements relating to racial and ethnic composition of the public schools within the school district;
(c) That no disparate effect on the financial equity of the public schools within the school district will be caused by the operation, oversight or management of each school pursuant to the proposed contract or agreement;
(d) That the special education and services provided to pupils with disabilities who are enrolled in a school that is covered by the proposed contract or agreement will comply with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.) and NRS 388.440 to 388.520, inclusive; and
(e) That an appropriate and comprehensive program of education will be provided to Nevada’s pupils who attend a school that is covered by the proposed contract or agreement, including, without limitation, whether the classroom setting in each such school will be appropriate, whether the teachers in those schools will be sufficiently qualified, and whether the curriculum will remain nonsectarian and otherwise comport with the applicable statutory and regulatory requirements.
4. If a school district enters into such a contract or other agreement without obtaining the approval from the legislature in accordance with this section, the superintendent of public instruction shall take such action as is necessary to reduce the amount of money received by the school district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) For each school that is the subject of the contract or agreement, the number of days on which another person or entity operates, manages or oversees the school pursuant to that contract or agreement without approval from the legislature;
(b) For each school that is the subject of the contract or agreement, the number of pupils enrolled in the school; and
(c) For each school that is the subject of the contract or agreement, the number of dollars of basic support apportioned to the school district per pupil per day pursuant to NRS 387.1233.”.
Amend the bill as a whole by renumbering sections 4 and 5 as sections 6 and 7 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
“Sec. 4. If the board of trustees of a school enters into a contract or other agreement for the operation, management or oversight of a school, the board of trustees of the school district:
1. Remains responsible for complying with all applicable statutes and regulations relating to that school, including, without limitation, NRS 385.3455 to 385.391, inclusive; and
2. If the superintendent of public instruction appoints a licensed administrator to oversee that school pursuant to NRS 385.386, shall ensure that the person or entity with whom the board has entered into the contract complies with all recommendations and actions required by the administrator who was appointed by the superintendent of public instruction.
Sec. 5. NRS 387.124 is hereby amended to read as follows:
387.124 Except as otherwise provided in this section, NRS 387.528 [:] and section 3 of this act:
1. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent of public instruction shall [, except as otherwise provided in subsections 2 and 3,] apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
2. The governing body of a charter school may submit a written request to the superintendent of public instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to subsection 1. Upon receipt of such a request, the superintendent of public instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.
3. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.”.
Amend sec. 5, page 4, by deleting lines 12 through 14 and inserting:
“contract or other agreement before the effective date of this act to delegate to another its responsibility for the operation, management or oversight of a school:”.
Amend sec. 5, page 4, line 34, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend sec. 5, page 4, line 37, by deleting:
“2 and 3” and inserting:
“2, 3 and 4”.
Amend the bill as a whole by renumbering sec. 6 as sec. 9 and adding a new section designated sec. 8, following sec. 5, to read as follows:
“Sec. 8. If the board of trustees of a school district enters into a contract or other agreement before the effective date of this act to delegate to another its responsibility for the operation, management or oversight of a school and the board of trustees has not received the approval to enter into the contract or agreement from the legislature by concurrent resolution, the superintendent of public instruction shall take such action as is necessary to reduce the amount of money received by the school district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
1. For each school that is the subject of the contract or agreement, the number of days on which another person or entity operates, manages or oversees the school pursuant to that contract or agreement without approval from the legislature by concurrent resolution;
2. For each school that is the subject of the contract or agreement, the number of pupils enrolled in the school; and
3. For each school that is the subject of the contract or agreement, the number of dollars of basic support apportioned to the school district per pupil per day pursuant to NRS 387.1233.”.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“the management of public schools; requiring the superintendent of public instruction to withhold a certain portion of a school district’s apportionment from the state distributive school account under certain circumstances;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes regarding delegation by school district of its responsibility for management of public schools. (BDR 34‑1292)”.