Senate Bill No. 108–Committee on Finance
(On Behalf of Legislative Committee on
Education)
February 13, 2001
____________
Referred to Committee on Finance
SUMMARY—Authorizes school districts and charter
schools to provide programs of distance education. (BDR 34‑834)
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; 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; requiring the
department of education to prepare a list of approved courses of distance
education; providing for the submission of applications to the department of
education to include a course of distance education on the list prepared by the
department; providing for the submission of applications to the department of
education by boards of trustees of schools districts, governing bodies of
charter schools and consortiums thereof to provide programs of distance education;
requiring the state board of education to adopt regulations prescribing the
requirements of 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. Chapter 386
of NRS is hereby amended by adding thereto a
1-2 new section to read as
follows:
1-3 1. Except as otherwise provided in subsection 2,
a charter school
1-4 shall not operate through a facility located in a school district
other than
1-5 the school district in which the charter school is located.
1-6 2. A charter school that provides a program of
distance education
1-7 pursuant to sections 11 to 25, inclusive, of this act, may operate
through
1-8 a satellite facility located in a school district other than the
school district
1-9 in which the charter school is located to provide services and
instruction
1-10 to pupils who are enrolled in the program of distance education.
2-1 Sec. 2. NRS 386.550 is hereby amended to read as follows:
2-2 386.550 A charter school
shall:
2-3 1. Comply with all laws and
regulations relating to discrimination and
2-4 civil rights.
2-5 2. Remain nonsectarian,
including, without limitation, in its
2-6 educational programs,
policies for admission and employment practices.
2-7 3. Refrain from charging
tuition or fees, levying taxes or issuing
2-8 bonds.
2-9 4. Comply with any plan for
desegregation ordered by a court that is in
2-10 effect in the school
district in which the charter school is located.
2-11 5. Comply with the
provisions of chapter 241 of NRS.
2-12 6. Except as otherwise
provided in this subsection [,] and subsection 3
2-13 of NRS 388.090, schedule and provide annually at least as many days
of
2-14 instruction as are required
of other public schools located in the same
2-15 school district as the
charter school is located. The governing body of a
2-16 charter school may submit a
written request to the superintendent of public
2-17 instruction for a waiver
from providing the days of instruction required by
2-18 this subsection [.] if the waiver will not apply to a
program of distance
2-19 education provided pursuant to sections 11 to 25, inclusive, of
this act.
2-20 The superintendent of public
instruction may grant such a request if the
2-21 governing body demonstrates
to the satisfaction of the superintendent that:
2-22 (a) Extenuating circumstances exist to justify the waiver; and
2-23 (b) The charter school will provide at least as many hours or
minutes of
2-24 instruction as would be
provided under a program consisting of 180 days.
2-25 7. Cooperate with the board
of trustees of the school district in the
2-26 administration of the achievement
and proficiency examinations
2-27 administered pursuant to NRS
389.015 and the examinations required
2-28 pursuant to NRS 389.550 to
the pupils who are enrolled in the charter
2-29 school.
2-30 8. Comply with applicable
statutes and regulations governing the
2-31 achievement and proficiency
of pupils in this state.
2-32 9. Provide instruction in
the core academic subjects set forth in
2-33 subsection 1 of NRS 389.018,
as applicable for the grade levels of pupils
2-34 who are enrolled in the
charter school, and provide at least the courses of
2-35 instruction that are
required of pupils by statute or regulation for promotion
2-36 to the next grade or
graduation from a public high school and require the
2-37 pupils who are enrolled in
the charter school to take those courses of study.
2-38 This subsection does not
preclude a charter school from offering, or
2-39 requiring the pupils who are
enrolled in the charter school to take, other
2-40 courses of study that are
required by statute or regulation.
2-41 10. Refrain from using
public money to purchase real property or
2-42 buildings without the
approval of the sponsor.
2-43 11. Hold harmless,
indemnify and defend the sponsor of the charter
2-44 school against any claim or
liability arising from an act or omission by the
2-45 governing body of the
charter school or an employee or officer of the
2-46 charter school. An action at
law may not be maintained against the sponsor
2-47 of a charter school for any
cause of action for which the charter school has
2-48 obtained liability
insurance.
3-1 12. Provide written notice
to the parents or legal guardians of pupils in
3-2 grades 9 to 12, inclusive,
who are enrolled in the charter school of whether
3-3 the charter school is
accredited by the Commission on Schools of the
3-4 Northwest Association of
Schools and Colleges.
3-5 13. Adopt a final budget in
accordance with the regulations adopted by
3-6 the department. A charter
school is not required to adopt a final budget
3-7 pursuant to NRS 354.598 or
otherwise comply with the provisions of
3-8 chapter 354 of NRS.
3-9 14. If the charter school provides a program of
distance education
3-10 pursuant to sections 11 to 25, inclusive, of this act, comply with
all
3-11 statutes and regulations that are applicable to a program of distance
3-12 education for purposes of the operation of the program, regardless
of
3-13 whether those statutes and regulations impose additional
requirements
3-14 upon the charter school.
3-15 Sec. 3. NRS 386.560 is hereby amended to read as follows:
3-16 386.560 1. The governing body of a charter school may
contract with
3-17 the board of trustees of the
school district in which the charter school is
3-18 located or the University
and Community College System of Nevada for
3-19 the provision of facilities
to operate the charter school or to perform any
3-20 service relating to the
operation of the charter school, including, without
3-21 limitation, transportation
and the provision of health services for the pupils
3-22 who are enrolled in the
charter school.
3-23 2. A charter school may use
any public facility located within the
3-24 school district in which the
charter school is located. A charter school may
3-25 use school buildings owned
by the school district only upon approval of the
3-26 board of trustees of the
school district and during times that are not regular
3-27 school hours.
3-28 3. The board of trustees of
a school district may donate surplus
3-29 personal property of the
school district to a charter school that is located
3-30 within the school district.
3-31 4. [Upon]
Except as otherwise provided in
this subsection, upon the
3-32 request of a parent or legal
guardian of a pupil who is enrolled in a charter
3-33 school, the board of
trustees of the school district in which the charter
3-34 school is located shall
authorize the pupil to participate in a class that is not
3-35 available to the pupil at
the charter school or participate in an
3-36 extracurricular activity,
excluding sports, at a public school within the
3-37 school district if:
3-38 (a) Space for the pupil in the class or extracurricular activity is
3-39 available; and
3-40 (b) The parent or legal guardian demonstrates to the satisfaction
of the
3-41 board of trustees that the
pupil is qualified to participate in the class or
3-42 extracurricular activity.
3-43 If the board of trustees of
a school district authorizes a pupil to participate
3-44 in a class or
extracurricular activity, excluding sports, pursuant to this
3-45 subsection, the board of
trustees is not required to provide transportation
3-46 for the pupil to attend the
class or activity. The provisions
of this
3-47 subsection do not apply to a pupil who is enrolled in a charter
school and
3-48 who desires to participate on a part-time basis in a program of
distance
4-1 education provided by the board of trustees of a school district or
a
4-2 consortium pursuant to section 22 of this act.
4-3 5. Upon the request of a
parent or legal guardian of a pupil who is
4-4 enrolled in a charter
school, the board of trustees of the school district in
4-5 which the charter school is
located shall authorize the pupil to participate in
4-6 sports at the public school
that he would otherwise be required to attend
4-7 within the school district,
or upon approval of the board of trustees, any
4-8 public school within the
same zone of attendance as the charter school if:
4-9 (a) Space is available for the pupil to participate; and
4-10 (b) The parent or legal guardian demonstrates to the satisfaction
of the
4-11 board of trustees that the
pupil is qualified to participate.
4-12 If the board of trustees of
a school district authorizes a pupil to participate
4-13 in sports pursuant to this
subsection, the board of trustees is not required to
4-14 provide transportation for
the pupil to participate.
4-15 6. The board of trustees of
a school district may revoke its approval for
4-16 a pupil to participate in a
class, extracurricular activity or sports at a public
4-17 school pursuant to
subsections 4 and 5 if the board of trustees or the public
4-18 school determines that the
pupil has failed to comply with applicable
4-19 statutes, or applicable
rules and regulations of the board of trustees, the
4-20 public school or an
association for interscholastic activities. If the board of
4-21 trustees so revokes its
approval, neither the board of trustees nor the public
4-22 school are liable for any
damages relating to the denial of services to the
4-23 pupil.
4-24 Sec. 4. NRS 386.570 is hereby amended to read as follows:
4-25 386.570 1. Each pupil who is enrolled in a charter
school, including,
4-26 without limitation, a pupil
who is enrolled in a program of special
4-27 education in a charter
school, must be included in the count of pupils in the
4-28 school district for the
purposes of apportionments and allowances from the
4-29 state distributive school
account pursuant to NRS 387.121 to 387.126,
4-30 inclusive, unless the pupil
is exempt from compulsory attendance pursuant
4-31 to NRS 392.070. A charter
school is entitled to receive its proportionate
4-32 share of any other money
available from federal, state or local sources that
4-33 the school or the pupils who
are enrolled in the school are eligible to
4-34 receive.
4-35 2. The governing body of a
charter school may negotiate with the
4-36 board of trustees of the
school district and the state board for additional
4-37 money to pay for services
which the governing body wishes to offer.
4-38 3. To determine the amount
of money for distribution to a charter
4-39 school in its first year of
operation, the count of pupils who are enrolled in
4-40 the charter school must
initially be determined 30 days before the
4-41 beginning of the school year
of the school district, based on the number of
4-42 pupils whose applications
for enrollment have been approved by the
4-43 charter school. The count of
pupils who are enrolled in the charter school
4-44 must be revised on the last
day of the first school month of the school
4-45 district in which the
charter school is located for the school year, based on
4-46 the actual number of pupils
who are enrolled in the charter school.
4-47 Pursuant to subsection [2] 5 of NRS 387.124, the
governing body of a
4-48 charter school may request
that the apportionments made to the charter
5-1 school in its first year of
operation be paid to the charter school 30 days
5-2 before the apportionments
are otherwise required to be made.
5-3 4. The governing body of a
charter school may solicit and accept
5-4 donations, money, grants,
property, loans, personal services or other
5-5 assistance for purposes
relating to education from members of the general
5-6 public, corporations or
agencies. The governing body may comply with
5-7 applicable federal laws and
regulations governing the provision of federal
5-8 grants for charter schools.
5-9 5. If a charter school uses
money received from this state to purchase
5-10 real property, buildings,
equipment or facilities, the governing body of the
5-11 charter school shall assign
a security interest in the property, buildings,
5-12 equipment and facilities to
the State of Nevada.
5-13 Sec. 5. NRS 387.123 is hereby amended to read as follows:
5-14 387.123 1. The count of pupils for apportionment
purposes includes
5-15 all pupils who are enrolled
in programs of instruction of the school district ,
5-16 including, without limitation, a program of distance education
provided
5-17 by the school district, or pupils who reside in the county in which the
5-18 school district is located
and are enrolled in any charter school , including,
5-19 without limitation, a program of distance education provided by a
charter
5-20 school, for:
5-21 (a) Pupils in the kindergarten department.
5-22 (b) Pupils in grades 1 to 12, inclusive.
5-23 (c) Pupils not included under paragraph (a) or (b) who are
receiving
5-24 special education pursuant
to the provisions of NRS 388.440 to 388.520,
5-25 inclusive.
5-26 (d) Pupils not
included under paragraph (a) or (b) who reside in the
5-27 county and are enrolled full time in a program of distance
education
5-28 provided by another school district or a consortium if an agreement
is
5-29 filed with the superintendent of public instruction pursuant to
section 21
5-30 of this act.
5-31 (e) Pupils not included
under paragraphs (a) or (b) who reside in the
5-32 county and are enrolled part time in a program of distance
education if
5-33 an agreement is filed with the superintendent of public instruction
5-34 pursuant to section 21 or 22 of this act, as applicable.
5-35 (f) Children detained in
detention homes, alternative programs and
5-36 juvenile forestry camps
receiving instruction pursuant to the provisions of
5-37 NRS 388.550, 388.560 and
388.570.
5-38 [(e)] (g) Pupils
who are enrolled in classes pursuant to subsection 4 of
5-39 NRS 386.560.
5-40 [(f)] (h) Pupils
who are enrolled in classes pursuant to subsection 3 or 5
5-41 of NRS 392.070.
5-42 [(g)] (i) Part-time
pupils enrolled in classes and taking courses
5-43 necessary to receive a high
school diploma, excluding those pupils who are
5-44 included in paragraphs (e) [and (f).] , (g) and (h).
5-45 2. The state board shall
establish uniform regulations for counting
5-46 enrollment and calculating
the average daily attendance of pupils. In
5-47 establishing such
regulations for the public schools, the state board:
5-48 (a) Shall divide the school year into 10 school months, each
containing
5-49 20 or fewer school days.
6-1 (b) May divide the pupils in grades 1 to 12, inclusive, into
categories
6-2 composed respectively of
those enrolled in elementary schools and those
6-3 enrolled in secondary
schools.
6-4 (c) Shall prohibit the counting of any pupil specified in
subsection 1
6-5 more than once.
6-6 3. Except as otherwise
provided in subsection 4 and NRS 388.700, the
6-7 state board shall establish
by regulation the maximum pupil-teacher ratio in
6-8 each grade, and for each
subject matter wherever different subjects are
6-9 taught in separate classes,
for each school district of this state which is
6-10 consistent with:
6-11 (a) The maintenance of an acceptable standard of instruction;
6-12 (b) The conditions prevailing in the school district with respect
to the
6-13 number and distribution of
pupils in each grade; and
6-14 (c) Methods of instruction used, which may include educational
6-15 television, team teaching or
new teaching systems or techniques.
6-16 If the superintendent of
public instruction finds that any school district is
6-17 maintaining one or more
classes whose pupil-teacher ratio exceeds the
6-18 applicable maximum, and
unless he finds that the board of trustees of the
6-19 school district has made
every reasonable effort in good faith to comply
6-20 with the applicable
standard, he shall, with the approval of the state board,
6-21 reduce the count of pupils
for apportionment purposes by the percentage
6-22 which the number of pupils
attending those classes is of the total number of
6-23 pupils in the district, and
the state board may direct him to withhold the
6-24 quarterly apportionment
entirely.
6-25 4. [A] The provisions of subsection 3 do not
apply to a charter school
6-26 [is not required to comply with the pupil-teacher ratio prescribed by
the
6-27 state board pursuant to subsection 3.] or a program of distance education
6-28 provided pursuant to sections 11 to 25, inclusive, of this act.
6-29 Sec. 6. NRS 387.1233 is hereby amended to read as follows:
6-30 387.1233 1. Except as otherwise provided in subsection 2,
basic
6-31 support of each school
district must be computed by:
6-32 (a) Multiplying the basic support guarantee per pupil established
for that
6-33 school district for that
school year by the sum of:
6-34 (1) Six-tenths the count of pupils enrolled in the kindergarten
6-35 department on the last day
of the first school month of the school district
6-36 for the school year,
including, without limitation, the count of pupils who
6-37 reside in the county and are
enrolled in any charter school on the last day
6-38 of the first school month of
the school district for the school year.
6-39 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on
the
6-40 last day of the first school
month of the school district for the school year,
6-41 including, without
limitation, the count of pupils who reside in the county
6-42 and are enrolled in any
charter school on the last day of the first school
6-43 month of the school district
for the school year.
6-44 (3) The count of
pupils not included under subparagraph (1) or (2)
6-45 who reside in the county and are enrolled:
6-46 (I) Full time or part
time in a program of distance education
6-47 provided by the school district on the last day of the first school
month of
6-48 the school district for the school year.
7-1 (II) Full time in a
program of distance education provided by
7-2 another school district or a consortium, if an agreement is filed
with the
7-3 superintendent of public instruction pursuant to section 21 of this
act, on
7-4 the last day of the first school month of the school district for
the school
7-5 year.
7-6 (III) In a public
school of the school district and are
7-7 concurrently enrolled part time in a program of distance education
7-8 provided by another school district, a charter school or a
consortium, if
7-9 an agreement is filed with the superintendent of public instruction
7-10 pursuant to section 21 of this act, on the last day of the first
school
7-11 month of the school district for the school year.
7-12 (IV) In a charter school
located within the school district and are
7-13 concurrently enrolled part time in a program of distance education
7-14 provided by a school district, another charter school or a
consortium, if
7-15 an agreement is filed with the superintendent of public instruction
7-16 pursuant to section 22 of this act, on the last day of the first
school
7-17 month of the school district for the school year.
7-18 (4) The
count of pupils not included under subparagraph (1) , [or] (2)
7-19 or (3) who are receiving special education pursuant to the provisions of
7-20 NRS 388.440 to 388.520,
inclusive, on the last day of the first school
7-21 month of the school district
for the school year, excluding the count of
7-22 pupils who have not attained
the age of 5 years and who are receiving
7-23 special education pursuant
to subsection 1 of NRS 388.490 on that day.
7-24 [(4)] (5) Six-tenths
the count of pupils who have not attained the age
7-25 of 5 years and who are
receiving special education pursuant to subsection 1
7-26 of NRS 388.490 on the last
day of the first school month of the school
7-27 district for the school
year.
7-28 [(5)] (6) The
count of children detained in detention homes,
7-29 alternative programs and
juvenile forestry camps receiving instruction
7-30 pursuant to the provisions
of NRS 388.550, 388.560 and 388.570 on the
7-31 last day of the first school
month of the school district for the school year.
7-32 [(6)] (7) The
count of pupils who are enrolled in classes for at least
7-33 one semester pursuant to
subsection 4 of NRS 386.560 or subsection 3 or 5
7-34 of NRS 392.070, expressed as
a percentage of the total time services are
7-35 provided to those pupils per
school day in proportion to the total time
7-36 services are provided during
a school day to pupils who are counted
7-37 pursuant to subparagraph
(2).
7-38 (b) Multiplying the number of special education program units
7-39 maintained and operated by
the amount per program established for that
7-40 school year.
7-41 (c) Adding the amounts computed in paragraphs (a) and (b).
7-42 2. If the enrollment of
pupils in a school district or a charter school
7-43 that is located within the
school district on the last day of the first school
7-44 month of the school district
for the school year is less than the enrollment
7-45 of pupils in the same school
district or charter school on the last day of the
7-46 first school month of the
school district for the immediately preceding
7-47 school year, the larger
number must be used for purposes of apportioning
7-48 money from the state
distributive school account to that school district or
7-49 charter school pursuant to
NRS 387.124.
8-1 3. Pupils who are excused
from attendance at examinations or have
8-2 completed their work in
accordance with the rules of the board of trustees
8-3 must be credited with
attendance during that period.
8-4 4. Pupils who are
incarcerated in a facility or institution operated by
8-5 the department of prisons
must not be counted for the purpose of
8-6 computing basic support
pursuant to this section. The average daily
8-7 attendance for such pupils
must be reported to the department
. [of
8-8 education.]
8-9 5. Part-time pupils who are
enrolled in courses which are approved by
8-10 the department as meeting
the requirements for an adult to earn a high
8-11 school diploma must not be
counted for the purpose of computing basic
8-12 support pursuant to this
section. The average daily attendance for such
8-13 pupils must be reported to
the department.
8-14 Sec. 7. NRS 387.124 is hereby amended to read as follows:
8-15 387.124 Except as otherwise
provided in this section and NRS
8-16 387.528:
8-17 1. On or before August 1,
November 1, February 1 and May 1 of each
8-18 year, the superintendent of
public instruction shall [, except as otherwise
8-19 provided in subsections 2 and 3,] apportion the state
distributive school
8-20 account in the state general
fund among the several county school districts
8-21 and charter schools in
amounts approximating one-fourth of their
8-22 respective yearly
apportionments less any amount set aside as a reserve.
8-23 The apportionment to a
school district, computed on a yearly basis, equals
8-24 the difference between the
basic support and the local funds available
8-25 pursuant to NRS 387.1235,
minus all the funds attributable to pupils who
8-26 reside in the county but
attend a charter school [.] and all the funds
8-27 attributable to pupils who reside in the county and are enrolled
full time
8-28 or part time in a program of distance education provided by another
8-29 school district, a charter school or a consortium. No apportionment may
8-30 be made to a school district
if the amount of the local funds exceeds the
8-31 amount of basic support. The
apportionment to a charter school, computed
8-32 on a yearly basis, is equal
to the sum of the basic support per pupil in the
8-33 county in which the pupil
resides plus the amount of local funds available
8-34 per pupil pursuant to NRS
387.1235 and all other funds available for public
8-35 schools in the county in
which the pupil resides [.] minus all the funds
8-36 attributable to pupils who are enrolled in the charter school but
are
8-37 concurrently enrolled part time in a program of distance education
8-38 provided by a school district, another charter school or a
consortium. If
8-39 the apportionment per pupil
to a charter school is more than the amount to
8-40 be apportioned to the school
district in which a pupil who is enrolled in the
8-41 charter school resides, the
school district in which the pupil resides shall
8-42 pay the difference directly to
the charter school.
8-43 2. In addition to the apportionments made pursuant to this
section,
8-44 an apportionment must be made to a school district or a consortium
that
8-45 provides a program of distance education for each pupil enrolled
full
8-46 time in the program if an agreement is filed for that pupil
pursuant to
8-47 section 21 of this act. The amount of the apportionment must be
equal to
8-48 the per pupil amount which would have been received by the school
8-49 district in which the pupil resides pursuant to subsection 1 or the
actual
9-1 cost to provide the program of distance education to the pupil, as
set
9-2 forth in the
written agreement pursuant to paragraph (b) of subsection 2
9-3 of section 21 of this act, whichever is less. If the amount of the
9-4 apportionment made pursuant to this subsection for a pupil who is
9-5 enrolled full time in a program of distance education is less than
the
9-6 amount per pupil which would have been received by the school
district
9-7 in which the pupil resides, the remainder must be paid directly to
the
9-8 school district in which the pupil resides.
9-9 3. In addition to the apportionments made
pursuant to this section,
9-10 an apportionment must be made to a school district, charter school
or
9-11 consortium that provides a program of distance education for each
pupil
9-12 who is enrolled part time in the program if an agreement is filed
for that
9-13 pupil pursuant to section 21 or 22 of this act, as applicable. The
amount
9-14 of the apportionment must be equal to the percentage of the total
time
9-15 services are provided to the pupil through the program of distance
9-16 education per school day in proportion to the total time services
are
9-17 provided during a school day to pupils who are counted pursuant to
9-18 subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233
for
9-19 the school district in which the pupil resides.
9-20 4. In addition to the apportionments made
pursuant to this section,
9-21 an apportionment must be made to a school district, charter school
or
9-22 consortium that provides a program of distance education for each
child
9-23 who is enrolled in a private school or receives instruction at home
who
9-24 participates in a class offered through a program of distance
education
9-25 pursuant to subsection 5 of NRS 392.070. The amount of the
9-26 apportionment must be equal to the percentage of the total time
services
9-27 are provided to the pupil through the program of distance education
per
9-28 school day in proportion to the total time services are provided
during a
9-29 school day to pupils who are counted pursuant to subparagraph (2)
of
9-30 paragraph (a) of subsection 1 of NRS 387.1233 for the school
district in
9-31 which the pupil resides.
9-32 5. The governing body of a charter school may submit a
written
9-33 request to the
superintendent of public instruction to receive, in the first
9-34 year of operation of the
charter school, an apportionment 30 days before
9-35 the apportionment is
required to be made pursuant to subsection 1. Upon
9-36 receipt of such a request,
the superintendent of public instruction may
9-37 make the apportionment 30
days before the apportionment is required to be
9-38 made. A charter school may
receive all four apportionments in advance in
9-39 its first year of operation.
9-40 [3.] 6. If the state controller finds that such an
action is needed to
9-41 maintain the balance in the
state general fund at a level sufficient to pay the
9-42 other appropriations from
it, he may pay out the apportionments monthly,
9-43 each approximately
one-twelfth of the yearly apportionment less any
9-44 amount set aside as a
reserve. If such action is needed, the state controller
9-45 shall submit a report to the
department of administration and the fiscal
9-46 analysis division of the legislative
counsel bureau documenting reasons for
9-47 the action.
10-1 Sec. 8. NRS 387.1243 is hereby amended to read as follows:
10-2 387.1243 1. The first apportionment based on an estimated
number
10-3 of pupils and special
education program units and succeeding
10-4 apportionments are subject
to adjustment from time to time as the need
10-5 therefor may appear.
10-6 2. The apportionments to a
school district may be adjusted during a
10-7 fiscal year by the
department of education, upon approval by the board of
10-8 examiners and the interim
finance committee, if the department of taxation
10-9 and the county assessor in
the county in which the school district is located
10-10 certify to the department of
education that the school district will not
10-11 receive the tax levied
pursuant to subsection 1 of NRS 387.195 on property
10-12 of the Federal Government
located within the county if:
10-13 (a) The leasehold interest, possessory interest, beneficial interest
or
10-14 beneficial use of the
property is subject to taxation pursuant to NRS
10-15 361.157 and 361.159 and one
or more lessees or users of the property are
10-16 delinquent in paying the
tax; and
10-17 (b) The total amount of tax owed but not paid for the fiscal year by
any
10-18 such lessees and users is at
least 5 percent of the proceeds that the school
10-19 district would have received
from the tax levied pursuant to subsection 1 of
10-20 NRS 387.195.
10-21 If a lessee or user pays the
tax owed after the school district’s
10-22 apportionment has been
increased in accordance with the provisions of this
10-23 subsection to compensate for
the tax owed, the school district shall repay to
10-24 the distributive school
account in the state general fund an amount equal to
10-25 the tax received from the
lessee or user for the year in which the school
10-26 district received an
increased apportionment, not to exceed the increase in
10-27 apportionments made to the
school district pursuant to this subsection.
10-28 3. On or before August 1 of
each year, the board of trustees of a school
10-29 district shall provide to
the department, in a format prescribed by the
10-30 department, the count of
pupils calculated pursuant to subparagraph [(6)]
10-31 (7) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
10-32 least one semester during
the immediately preceding school year. The
10-33 count of pupils submitted to
the department must be included in the final
10-34 adjustment computed pursuant
to subsection 4.
10-35 4. A final adjustment for
each school district and charter school must
10-36 be computed as soon as
practicable following the close of the school year,
10-37 but not later than August
25. The final computation must be based upon the
10-38 actual counts of pupils
required to be made for the computation of basic
10-39 support and the limits upon
the support of special education programs,
10-40 except that for any year
when the total enrollment of pupils and children in
10-41 a school district or a
charter school located within the school district
10-42 described in paragraphs (a) [, (b), (c) and (d)]
to (f), inclusive, of
10-43 subsection 1 of NRS 387.123
is greater on the last day of any school month
10-44 of the school district after
the second school month of the school district
10-45 and the increase in
enrollment shows at least:
10-46 (a) A 3-percent gain, basic support as computed from first month
10-47 enrollment for the school
district or charter school must be increased by 2
10-48 percent.
11-1 (b) A 6-percent gain, basic support as computed from first month
11-2 enrollment for the school
district or charter school must be increased by an
11-3 additional 2 percent.
11-4 5. If the final computation
of apportionment for any school district or
11-5 charter school exceeds the
actual amount paid to the school district or
11-6 charter school during the
school year, the additional amount due must be
11-7 paid before September 1. If
the final computation of apportionment for any
11-8 school district or charter
school is less than the actual amount paid to the
11-9 school district or charter
school during the school year, the difference must
11-10 be repaid to the state
distributive school account in the state general fund
11-11 by the school district or
charter school before September 25.
11-12 Sec. 9. NRS 387.185 is hereby amended to read as follows:
11-13 387.185 1. Except as otherwise provided in subsection 2
and NRS
11-14 387.528, all school money
due each county school district must be paid
11-15 over by the state treasurer
to the county treasurer on August 1, November
11-16 1, February 1 and May 1 of
each year or as soon thereafter as the county
11-17 treasurer may apply for it,
upon the warrant of the state controller drawn in
11-18 conformity with the
apportionment of the superintendent of public
11-19 instruction as provided in
NRS 387.124.
11-20 2. Except as otherwise
provided in NRS 387.528, if the board of
11-21 trustees of a school
district establishes and administers a separate account
11-22 pursuant to the provisions
of NRS 354.603, all school money due that
11-23 school district must be paid
over by the state treasurer to the school district
11-24 on August 1, November 1,
February 1 and May 1 of each year or as soon
11-25 thereafter as the school
district may apply for it, upon the warrant of the
11-26 state controller drawn in conformity
with the apportionment of the
11-27 superintendent of public
instruction as provided in NRS 387.124.
11-28 3. No county school district
may receive any portion of the public
11-29 school money unless that
school district has complied with the provisions
11-30 of this Title and
regulations adopted pursuant thereto.
11-31 4. Except as otherwise
provided in this subsection, all school money
11-32 due each charter school must
be paid over by the state treasurer to the
11-33 governing body of the
charter school on August 1, November 1, February 1
11-34 and May 1 of each year or as
soon thereafter as the governing body may
11-35 apply for it, upon the
warrant of the state controller drawn in conformity
11-36 with the apportionment of
the superintendent of public instruction as
11-37 provided in NRS 387.124. If
the superintendent of public instruction has
11-38 approved, pursuant to
subsection [2] 5 of
NRS 387.124, a request for
11-39 payment of an apportionment
30 days before the apportionment is
11-40 otherwise required to be
made, the money due to the charter school must be
11-41 paid by the state treasurer
to the governing body of the charter school on
11-42 July 1, October 1, January 1
or April 1, as applicable.
11-43 Sec. 10. Chapter 388 of NRS is hereby amended by adding thereto the
11-44 provisions set forth as
sections 11 to 25, inclusive, of this act.
11-45 Sec. 11. As used in sections
11 to 25, inclusive, of this act, unless the
11-46 context otherwise requires, the words and terms defined in sections
12 to
11-47 15, inclusive, of this act have the meanings ascribed to them in
those
11-48 sections.
12-1 Sec. 12. “Consortium” means a
consortium of two or more entities
12-2 that is formed pursuant to section 17 of this act.
12-3 Sec. 13. “Course of distance
education” means a course of study
12-4 that uses distance education as its primary mechanism for delivery
of
12-5 instruction.
12-6 Sec. 14. “Distance education”
means instruction which is delivered
12-7 by means of video, computer, television, correspondence, or the
Internet
12-8 or other electronic means of communication, or any combination
12-9 thereof, in such a manner that the person supervising or providing
the
12-10 instruction and the pupil receiving the instruction are separated
12-11 geographically for a majority of the time during which the
instruction is
12-12 delivered.
12-13 Sec. 15. “Program of distance
education” means a program
12-14 comprised of one or more courses of distance education that is
approved
12-15 by the department pursuant to section 18 of this act.
12-16 Sec. 16. 1. The department shall prepare and publish a
list of
12-17 courses of distance education that satisfy the requirements of
sections 11
12-18 to 25, inclusive, of this act, and all other applicable statutes
and
12-19 regulations. If an application to provide a program of distance
education
12-20 is approved by the department pursuant to section 18 of this act,
the
12-21 department shall automatically include on the list each course of
study
12-22 included within that program if the course of study has not been
12-23 approved by the department before submission of the application to
12-24 provide the program.
12-25 2. A person or entity that has developed a course of distance
12-26 education, including, without limitation, a vendor of a course of
distance
12-27 education, the University and Community College System of Nevada or
12-28 other postsecondary educational institution, a board of trustees of
a
12-29 school district or a governing body of a charter school, may submit
an
12-30 application for inclusion of the course on the list prepared by the
12-31 department. The department may approve an application if the
12-32 application satisfies the requirements of sections 11 to 25,
inclusive, of
12-33 this act, and all other applicable statutes and regulations. The
12-34 department shall provide written notice to the applicant of its
approval or
12-35 denial of the application. The department shall not unreasonably
12-36 withhold its approval of an application if the application
satisfies the
12-37 requirements of sections 11 to 25, inclusive, of this act.
12-38 3. If the department denies an application, the department shall
12-39 include in the written notice the reasons for the denial and the
12-40 deficiencies of the application. The applicant must be granted 30
days
12-41 after receipt of the written notice to correct any deficiencies
identified in
12-42 the written notice and resubmit the application. The department may
12-43 approve an application that has been resubmitted pursuant to this
12-44 subsection if the application satisfies the requirements of
sections 11 to
12-45 25, inclusive, of this act and all other applicable statutes and
regulations.
12-46 The department shall not unreasonably withhold its approval of an
12-47 application that has been resubmitted pursuant to this subsection
if the
12-48 applicant corrected the deficiencies identified in written notice
and if the
13-1 application otherwise satisfies the requirements of sections 11 to
25,
13-2 inclusive, of this act.
13-3 Sec. 17. A consortium to
provide a program of distance education
13-4 may be formed by written agreement in accordance with the
regulations
13-5 adopted by the state board pursuant to paragraph (d) of subsection
1 of
13-6 section 25 of this act. A consortium may be comprised of a
combination
13-7 of the board of trustees of one or more school districts whose
boundaries
13-8 may be contiguous or noncontiguous or the governing body of one or
13-9 more charter schools, or any combination thereof. If such a
consortium
13-10 is formed, the consortium may submit an application to the
department to
13-11 provide a program of distance education pursuant to section 18 of
this
13-12 act.
13-13 Sec. 18. 1. The board of trustees of a school district,
the governing
13-14 body of a charter school or a consortium may submit an application
to
13-15 the department to provide a program of distance education.
13-16 2. An applicant to provide a program of distance education may seek
13-17 approval to provide a program that is comprised of one or more
courses
13-18 of distance education included on the list of courses approved by
the
13-19 department pursuant to section 16 of this act or a program that is
13-20 comprised of one or more courses of distance education that have
not
13-21 been reviewed by the department before submission of the
application.
13-22 3. An application to provide a program of distance education must
13-23 include:
13-24 (a) All the information
prescribed by the state board by regulation.
13-25 (b) Except as otherwise
provided in this paragraph, proof satisfactory
13-26 to the department that the program satisfies all applicable
statutes and
13-27 regulations. The proof required by this paragraph shall be deemed
13-28 satisfied if the program is comprised only of courses of distance
13-29 education approved by the department pursuant to section 16 of this
act
13-30 before submission of the application.
13-31 (c) If the applicant is a
consortium, a copy of the written agreement to
13-32 form the consortium required by section 17 of this act.
13-33 (d) If the applicant is the
board of trustees of a school district and the
13-34 program will be offered for enrollment of pupils on a full-time
basis, a
13-35 written description of the manner in which the board of trustees
will
13-36 determine the affiliation of a pupil with a public school of the
school
13-37 district for purposes of section 23 of this act. The affiliation of
a pupil
13-38 with a public school for purposes of section 23 of this act may be
13-39 determined in accordance with, without limitation, applicable zones
13-40 established by the board of trustees pursuant to NRS 388.040, the
grade
13-41 level of pupils who are enrolled in the program or the level of
13-42 participation of a particular public school of the school district
in the
13-43 operation of the program of distance education.
13-44 (e) If the applicant is a
consortium that includes the board of trustees
13-45 of a school district and the program will be offered for enrollment
of
13-46 pupils on a full-time basis, a written description of the manner in
which
13-47 the board of trustees of each school district that participates in
the
13-48 consortium will determine the affiliation of a pupil with a public
school
13-49 of the school district for purposes of section 23 of this act. The
affiliation
14-1 of a pupil with a public school for purposes of section 23 of this
act may
14-2 be determined in accordance with, without limitation, applicable
zones
14-3 established by the board of trustees pursuant to NRS 388.040, the
grade
14-4 level of pupils who are enrolled in the program or the level of
14-5 participation of a particular public school of the school district
in the
14-6 operation of the program of distance education.
14-7 4. The department may approve an application
submitted pursuant to
14-8 this section if the application satisfies the requirements of
sections 11 to
14-9 25, inclusive, of this act and all other applicable statutes and
regulations.
14-10 The department shall provide written notice to the applicant of its
14-11 approval or denial of the application. The department shall not
14-12 unreasonably withhold its approval of an application if the
application
14-13 satisfies the requirements of sections 11 to 25, inclusive, of this
act and
14-14 all other applicable statutes and regulations.
14-15 5. If the department denies an application, the department shall
14-16 include in the written notice the reasons for the denial and the
14-17 deficiencies of the application. The applicant must be granted 30
days
14-18 after receipt of the written notice to correct any deficiencies
identified in
14-19 the written notice and resubmit the application. The department may
14-20 approve an application that has been resubmitted pursuant to this
14-21 subsection if the application satisfies the requirements of
sections 11 to
14-22 25, inclusive, of this act and all other applicable statutes and
regulations.
14-23 The department shall not unreasonably withhold its approval of an
14-24 application that has been resubmitted pursuant to this subsection
if the
14-25 applicant corrected the deficiencies identified in the written
notice and if
14-26 the application otherwise satisfies the requirements of sections 11
to 25,
14-27 inclusive, of this act and all other applicable statutes and
regulations.
14-28 Sec. 19. A program of distance
education may include, without
14-29 limitation, an opportunity for pupils to participate in the
program:
14-30 1. For a shorter school day or a longer school day than that
14-31 regularly provided for in the school district or charter school, as
14-32 applicable; and
14-33 2. During any part of the calendar year.
14-34 Sec. 20. 1. The board of trustees of a school district,
the governing
14-35 body of a charter school or a consortium that provides a program of
14-36 distance education may operate a satellite facility in any school
district to
14-37 provide services and instruction to pupils who are enrolled in the
14-38 program. Before commencing operation of such a satellite facility,
the
14-39 board of trustees, governing body or consortium, as applicable,
shall
14-40 notify the board of trustees of the school district in which the
satellite
14-41 facility will be located of the intended commencement of
operations.
14-42 2. The board of trustees of a school district, the governing body of
a
14-43 charter school or a consortium that provides a program of distance
14-44 education may contract with the board of trustees of a school
district to
14-45 provide a satellite facility for the operation of the program or to
perform
14-46 any service relating to the operation of the program.
14-47 Sec. 21. 1. Except as otherwise provided in this
subsection, before
14-48 a pupil may enroll full time or part time in a program of distance
14-49 education that is provided by a consortium or a school district
other than
15-1 the school district in which the pupil resides, the pupil must
obtain the
15-2 written permission of the board of trustees of the school district
in which
15-3 the pupil resides. Before a pupil who is enrolled in a public
school of a
15-4 school district may enroll part time in a program of distance
education
15-5 that is provided by a charter school, the pupil must obtain the
written
15-6 permission of the board of trustees of the school district in which
the
15-7 pupil resides. A pupil who enrolls full time in a program of
distance
15-8 education that is provided by a charter school, including, without
15-9 limitation, a charter school that participates in a consortium, is
not
15-10 required to obtain the approval of the board of trustees of the
school
15-11 district in which the pupil resides.
15-12 2. If the board of trustees of a school district grants permission
15-13 pursuant to subsection 1, the board of trustees shall enter into a
written
15-14 agreement with the board of trustees, governing body or consortium,
as
15-15 applicable, that provides the program of distance education. A
separate
15-16 agreement must be prepared for each year that a pupil enrolls in a
15-17 program of distance education. The written agreement must:
15-18 (a) Contain a statement
prepared by the board of trustees of the school
15-19 district in which the pupil resides indicating that the board of
trustees
15-20 understands that the superintendent of public instruction will make
15-21 appropriate adjustments in the apportionments to the school
district
15-22 pursuant to NRS 387.124 to account for the pupil’s enrollment in
the
15-23 program of distance education;
15-24 (b) If the pupil plans to
enroll full time in the program of distance
15-25 education, contain a statement of costs prepared by the board of
trustees
15-26 or the consortium that provides the program of distance education
setting
15-27 forth the actual cost to the board of trustees or the consortium to
provide
15-28 the program of distance education to the pupil;
15-29 (c) If the pupil plans to
enroll part time in the program of distance
15-30 education, contain a statement prepared by the board of trustees of
the
15-31 school district in which the pupil resides and the board of
trustees,
15-32 governing body or consortium that provides the program of distance
15-33 education setting forth the percentage of the total time services
will be
15-34 provided to the pupil through the program of distance education per
15-35 school day in proportion to the total time services are provided
during a
15-36 school day to pupils who are counted pursuant to subparagraph (2)
of
15-37 paragraph (a) of subsection 1 of NRS 387.1233 for the school
district in
15-38 which the pupil resides;
15-39 (d) If the pupil plans to
enroll full time in a program of distance
15-40 education provided by a consortium and the school district in which
the
15-41 pupil resides does not participate in that consortium, contain a
statement
15-42 prepared by the members of that consortium designating the public
15-43 school of a school district that participates in the consortium to
which the
15-44 pupil is declared affiliated for purposes of section 23 of this
act;
15-45 (e) Be signed by the board of
trustees of the school district in which
15-46 the pupil resides and the board of trustees, governing body or
consortium
15-47 that provides the program of distance education; and
15-48 (f) Include any other
information required by the state board by
15-49 regulation.
16-1 3. On or before September 1 of each year, a
written agreement must
16-2 be filed with the superintendent of public instruction for each
pupil who
16-3 is enrolled full time or part time in a program of distance
education
16-4 provided by a consortium or a school district other than the school
16-5 district in which the pupil resides. On or before September 1 of
each
16-6 year, a written agreement must be filed with the superintendent of
public
16-7 instruction for each pupil who is enrolled in a public school of
the school
16-8 district and who is enrolled part time in a program of distance
education
16-9 provided by a charter school. If an agreement is not filed for a
pupil who
16-10 is enrolled in a program of distance education as required by this
section,
16-11 the superintendent of public instruction shall not apportion money
for
16-12 that pupil to the board of trustees of the school district in which
the pupil
16-13 resides, or the board of trustees, governing body or consortium
that
16-14 provides the program of distance education.
16-15 Sec. 22. 1. If a pupil is enrolled in a charter school,
he may enroll
16-16 full time in a program of distance education only if the charter
school in
16-17 which he is enrolled provides the program of distance education or
16-18 participates in a consortium that provides the program of distance
16-19 education.
16-20 2. Before a pupil who is enrolled in a charter school may enroll part
16-21 time in a program of distance education that is provided by a
school
16-22 district, another charter school or a consortium, the pupil must
obtain
16-23 the written permission of the governing body of the charter school
in
16-24 which the pupil is enrolled.
16-25 3. If the governing body of a charter school grants permission
16-26 pursuant to subsection 2, the governing body shall enter into a
written
16-27 agreement with the board of trustees, governing body or consortium,
as
16-28 applicable, that provides the program of distance education. A
separate
16-29 agreement must be prepared for each year that a pupil enrolls in a
16-30 program of distance education. The written agreement must:
16-31 (a) Contain a statement
prepared by the governing body of the charter
16-32 school in which the pupil is enrolled indicating that the governing
body
16-33 understands that the superintendent of public instruction will make
16-34 appropriate adjustments in the apportionments to the charter school
16-35 pursuant to NRS 387.124 to account for the pupil’s enrollment in
the
16-36 program of distance education;
16-37 (b) Contain a statement
prepared by the governing body of the charter
16-38 school in which the pupil is enrolled and the board of trustees,
governing
16-39 body or consortium that provides the program of distance education
16-40 setting forth the percentage of the total time services will be
provided to
16-41 the pupil through the program of distance education per school day
in
16-42 proportion to the total time services are provided during a school
day to
16-43 pupils who are counted pursuant to subparagraph (2) of paragraph
(a) of
16-44 subsection 1 of NRS 387.1233 for the school district in which the
pupil
16-45 resides;
16-46 (c) Be signed by the
governing body of the charter in which the pupil
16-47 is enrolled and the board of trustees, governing body or consortium
that
16-48 provides the program of distance education; and
17-1 (d) Include any other
information required by the state board by
17-2 regulation.
17-3 4. On or before September 1 of each year, a
written agreement must
17-4 be filed with the superintendent of public instruction for each
pupil who
17-5 is enrolled in a charter school and who is enrolled part time in a
program
17-6 of distance education provided by a school district, another
charter
17-7 school or a consortium. If an agreement is not filed for such a
pupil, the
17-8 superintendent of public instruction shall not apportion money for
that
17-9 pupil to the governing body of the charter school in which the
pupil is
17-10 enrolled, or the board of trustees, governing body or consortium
that
17-11 provides the program of distance education.
17-12 Sec. 23. 1. If a pupil is enrolled full time in a program
of distance
17-13 education provided by the board of trustees of a school district,
the board
17-14 of trustees shall declare for each such pupil the public school
within that
17-15 school district to which the pupil is affiliated. Upon the declared
17-16 affiliation, the pupil shall be deemed enrolled in that public
school for
17-17 purposes of all the applicable requirements, statutes, regulations,
rules
17-18 and policies of that public school and school district, including,
without
17-19 limitation:
17-20 (a) Graduation requirements;
17-21 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
17-22 385.391, inclusive;
17-23 (c) Provisions governing the
attendance and truancy of pupils, as set
17-24 forth in NRS 392.040 to 392.220, inclusive; and
17-25 (d) Discipline of pupils.
17-26 2. If a pupil is enrolled full time in a program of distance
education
17-27 provided by a consortium and the board of trustees of the school
district
17-28 in which the pupil resides participates in the consortium, the
board of
17-29 trustees of the school district in which the pupil resides shall
declare for
17-30 each such pupil the public school within that school district to
which the
17-31 pupil is affiliated. Upon the declared affiliation, the pupil shall
be
17-32 deemed enrolled in that public school for purposes of all the
applicable
17-33 requirements, statutes, regulations, rules and policies of that
public
17-34 school and school district, including, without limitation:
17-35 (a) Graduation requirements;
17-36 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
17-37 385.391, inclusive;
17-38 (c) Provisions governing the
attendance and truancy of pupils, as set
17-39 forth in NRS 392.040 to 392.220, inclusive; and
17-40 (d) Discipline of pupils.
17-41 3. If a pupil is enrolled full time in a program of distance
education
17-42 provided by a consortium and the board of trustees of the school
district
17-43 in which the pupil resides does not participate in the consortium,
the
17-44 pupil shall be declared affiliated with and deemed enrolled in a
public
17-45 school of a school district that participates in the consortium, as
17-46 designated in the written agreement pursuant to paragraph (d) of
17-47 subsection 2 of section 21 of this act. All the applicable
requirements,
17-48 statutes, regulations, rules and policies of that public school and
school
17-49 district apply to such a pupil, including, without limitation:
18-1 (a) Graduation requirements;
18-2 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
18-3 385.391, inclusive;
18-4 (c) Provisions governing the
attendance and truancy of pupils, as set
18-5 forth in NRS 392.040 to 392.220, inclusive; and
18-6 (d) Discipline of pupils.
18-7 4. A pupil who is enrolled full time in a
program of distance
18-8 education provided by a charter school, including without
limitation, a
18-9 charter school that participates in a consortium, shall be deemed
enrolled
18-10 in the charter school. All the applicable requirements, statutes,
18-11 regulations, rules and policies of that charter school apply to
such a
18-12 pupil, including, without limitation:
18-13 (a) Graduation requirements;
18-14 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
18-15 385.391, inclusive;
18-16 (c) Provisions governing the
attendance and truancy of pupils, as set
18-17 forth in NRS 392.040 to 392.220, inclusive; and
18-18 (d) Discipline of pupils.
18-19 5. Except for a pupil who is enrolled part time in a program of
18-20 distance education pursuant to NRS 392.070, if a pupil is enrolled
part
18-21 time in a program of distance education, all the applicable
requirements,
18-22 statutes, regulations, rules and policies of the public school of
the school
18-23 district in which the pupil is otherwise enrolled or the charter
school in
18-24 which the pupil is otherwise enrolled apply to such a pupil,
including,
18-25 without limitation:
18-26 (a) Graduation requirements;
18-27 (b) Accountability of public
schools, as set forth in NRS 385.3455 to
18-28 385.391, inclusive;
18-29 (c) Provisions governing the
attendance and truancy of pupils, as set
18-30 forth in NRS 392.040 to 392.220, inclusive; and
18-31 (d) Discipline of pupils.
18-32 Sec. 24. On or before November
1 of each year, the board of trustees
18-33 of a school district, the governing body of a charter school or a
18-34 consortium that provides a program of distance education shall
submit to
18-35 the department and to the legislative bureau of educational
18-36 accountability and program evaluation a written report that
contains a
18-37 summary of the program for the immediately preceding school year
18-38 which includes, without limitation:
18-39 1. A description of the manner in which the program was carried
18-40 out;
18-41 2. The expenditures made for the program;
18-42 3. The number of pupils who were enrolled full time in the program
18-43 and the number of pupils who were enrolled part time in the
program;
18-44 4. If available, a description of the reasons why pupils enrolled in
the
18-45 program;
18-46 5. The number of pupils who dropped out of the program, if any;
18-47 6. A description of any disciplinary measures taken against pupils
18-48 who were enrolled in the program; and
19-1 7. An analysis of the academic achievement and
performance of the
19-2 pupils who were enrolled in the program before and after the pupils
19-3 participated in the program.
19-4 Sec. 25. 1. The
state board shall adopt regulations that prescribe:
19-5 (a) The process for
submission of an application by a person or entity
19-6 for inclusion of a course of distance education on the list
prepared by the
19-7 department pursuant to section 16 of this act and the contents of
the
19-8 application;
19-9 (b) The process for
submission of an application by the board of
19-10 trustees of a school district, the governing body of a charter
school or a
19-11 consortium to provide a program of distance education and the
contents
19-12 of the application;
19-13 (c) The criteria and type of
investigation that must be applied by the
19-14 department in determining whether to approve an application:
19-15 (1) For inclusion of a
course of distance education on the list
19-16 prepared by the department pursuant to section 16 of this act; and
19-17 (2) To provide a program of
distance education;
19-18 (d) The requirements for a
written agreement of a consortium formed
19-19 pursuant to section 17 of this act;
19-20 (e) The process for accepting
pupils for enrollment in a program of
19-21 distance education;
19-22 (f) The instruction required
of a program of distance education,
19-23 including, without limitation, a requirement that the program:
19-24 (1) If applicable to the
type of program offered, provides courses of
19-25 study that satisfy the standards of content and performance
established
19-26 by the council to establish academic standards for public schools
19-27 pursuant to NRS 389.520; and
19-28 (2) Meets or exceeds all
other academic requirements identified by
19-29 the state board;
19-30 (g) The qualifications
required of persons who provide instruction in
19-31 a program of distance education;
19-32 (h) A method for reporting to
the department the number of pupils
19-33 who are enrolled in a program of distance education and the
attendance
19-34 of those pupils;
19-35 (i) The requirements for
communication between a teacher who
19-36 supervises or provides instruction to a pupil who is enrolled in a
program
19-37 of distance education;
19-38 (j) The requirements for
assessing the achievement of pupils who are
19-39 enrolled in a program of distance education, which must include,
without
19-40 limitation, the administration of the achievement and proficiency
19-41 examinations required pursuant to NRS 389.015 and 389.550;
19-42 (k) A written description of
the process pursuant to which the
19-43 department may revoke its approval for the operation of a program
of
19-44 distance education; and
19-45 (l) A method for ensuring the
accountability of each program of
19-46 distance education that is consistent with section 24 of this act.
19-47 2. The state board may adopt regulations as it determines are
19-48 necessary to carry out the provisions of sections 11 to 25,
inclusive, of
19-49 this act.
20-1 Sec. 26. NRS 388.090 is hereby amended to read as follows:
20-2 388.090 1. Except as otherwise permitted pursuant to
this section,
20-3 boards of trustees of school
districts shall schedule and provide a minimum
20-4 of 180 days of free school
in the districts under their charge.
20-5 2. The superintendent of
public instruction may, upon application by a
20-6 board of trustees, authorize
a reduction of not more than 15 school days in
20-7 a particular district to
establish or maintain a 12-month school program or a
20-8 program involving
alternative scheduling, if the board of trustees
20-9 demonstrates that the
proposed schedule for the program provides for a
20-10 greater number of minutes of
instruction than would be provided under a
20-11 program consisting of 180
school days. Before authorizing a reduction in
20-12 the number of required
school days pursuant to this subsection, the
20-13 superintendent of public
instruction must find that the proposed schedule
20-14 will be used to alleviate
problems associated with a growth in enrollment
20-15 or overcrowding, or to
establish and maintain a program of alternative
20-16 schooling.
20-17 3. The superintendent of public instruction may, upon
application by
20-18 the board of trustees of a school district, the governing body of a
charter
20-19 school or a consortium that provides a program of distance
education
20-20 pursuant to sections 11 to 25, inclusive, of this act, authorize a
reduction
20-21 of not more than 15 school days to establish or maintain a 12-month
20-22 school program or a program involving alternative scheduling, if
the
20-23 board of trustees, governing body or consortium, as applicable,
20-24 demonstrates that the proposed schedule for the program of distance
20-25 education provides for a greater number of minutes of instruction
than
20-26 would be provided under a program consisting of 180 school days.
20-27 Before authorizing a reduction in the number of required school
days
20-28 pursuant to this subsection, the superintendent of public
instruction must
20-29 find that the proposed schedule will be used to establish and
maintain a
20-30 program of distance education approved by the department pursuant
to
20-31 section 18 of this act.
20-32 4. 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.] 5. 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.] 6. If more than 3 days of free school are lost
because a natural
20-42 disaster, inclement weather
or an accident necessitates the closing of a
20-43 majority of the facilities
within a school district, the superintendent of
20-44 public 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.] 7. 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. 27. NRS 388.700 is hereby amended to read as follows:
21-4 388.700 1. Except as otherwise provided in subsections
2, 3 and 6,
21-5 after the last day of the
first month of the school year, the ratio in each
21-6 school district of pupils
per class in kindergarten and grades 1, 2 and 3 per
21-7 licensed teacher designated
to teach those classes full time must not exceed
21-8 15 to 1 in classes where
core curriculum is taught. In determining this ratio,
21-9 all licensed educational
personnel who teach kindergarten or grade 1, 2 or
21-10 3 must be counted except
teachers of art, music, physical education or
21-11 special education,
counselors, librarians, administrators, deans and
21-12 specialists.
21-13 2. A school district may,
within the limits of any plan adopted pursuant
21-14 to NRS 388.720, assign a
pupil whose enrollment in a grade occurs after
21-15 the last day of the first
month of the school year to any existing class
21-16 regardless of the number of
pupils in the class.
21-17 3. The state board may grant
to a school district a variance from the
21-18 limitation on the number of
pupils per class set forth in subsection 1 for
21-19 good cause, including the
lack of available financial support specifically
21-20 set aside for the reduction
of pupil-teacher ratios.
21-21 4. The state board shall, on
or before February 1 of each odd-
21-22 numbered year, report to the
legislature on:
21-23 (a) Each variance granted by it during the preceding biennium,
21-24 including the specific
justification for the variance.
21-25 (b) The data reported to it by the various school districts pursuant
to
21-26 subsection 2 of NRS 388.710,
including an explanation of that data, and
21-27 the current pupil-teacher
ratios per class in kindergarten and grades 1, 2
21-28 and 3.
21-29 5. The department shall, on
or before November 15 of each year,
21-30 report to the chief of the
budget division of the department of
21-31 administration and the
fiscal analysis division of the legislative counsel
21-32 bureau:
21-33 (a) The number of teachers employed;
21-34 (b) The number of teachers employed in order to attain the ratio
21-35 required by subsection 1;
21-36 (c) The number of pupils enrolled; and
21-37 (d) The number of teachers assigned to teach in the same classroom
21-38 with another teacher or in
any other arrangement other than one teacher
21-39 assigned to one classroom of
pupils,
21-40 during the current school
year in kindergarten and grades 1, 2 and 3 for
21-41 each school district.
21-42 6. The provisions of this
section do not apply to a charter school [.] or
21-43 to a program of distance education provided pursuant to sections 11
to
21-44 25, inclusive, of this act.
21-45 Sec. 28. NRS 389.155 is hereby amended to read as follows:
21-46 389.155 1. The state board shall, by regulation,
establish a program
21-47 pursuant to which a pupil
enrolled full time in high school may complete
21-48 any required or elective
course by independent study outside of the normal
21-49 classroom setting.
22-1 2. The regulations must
require that:
22-2 (a) The teacher of the course assign to the pupil the work
assignments
22-3 necessary to complete the
course; and
22-4 (b) The pupil and teacher meet or otherwise communicate with each
22-5 other at least once each
week during the course to discuss the pupil’s
22-6 progress.
22-7 3. The board of trustees in
each school district may, in accordance with
22-8 the regulations adopted
pursuant to subsections 1 and 2, provide for
22-9 independent study by pupils
enrolled full time in high schools in its district.
22-10 A board of trustees that
chooses to allow such study may provide that:
22-11 (a) The pupils participating in the independent study be given
22-12 instruction individually or
in a group.
22-13 (b) The independent study be offered during the regular school day.
22-14 4. The provisions of this section do not apply to a:
22-15 (a) Program of distance
education provided pursuant to sections 11 to
22-16 25, inclusive, of this act; or
22-17 (b) Pupil who is enrolled in
a program of distance education provided
22-18 pursuant to sections 11 to 25, inclusive, of this act.
22-19 Sec. 29. NRS 392.010 is hereby amended to read as follows:
22-20 392.010 Except as to the
attendance of a pupil pursuant to NRS
22-21 392.015 or sections 11 to 25, inclusive, of this act, or
a pupil who is
22-22 ineligible for attendance pursuant
to NRS 392.4675 and except as
22-23 otherwise provided in NRS
392.264 and 392.268:
22-24 1. The board of trustees of
any school district may, with the approval
22-25 of the superintendent of
public instruction:
22-26 (a) Admit to the school or schools of the school district any pupil
or
22-27 pupils living in an
adjoining school district within this state or in an
22-28 adjoining state when the
school district of residence in the adjoining state
22-29 adjoins the receiving Nevada
school district; or
22-30 (b) Pay tuition for pupils residing in the school district but who
attend
22-31 school in an adjoining
school district within this state or in an adjoining
22-32 state when the receiving
district in the adjoining state adjoins the school
22-33 district of Nevada
residence.
22-34 2. With the approval of the
superintendent of public instruction, the
22-35 board of trustees of the
school district in which the pupil or pupils reside
22-36 and the board of trustees of
the school district in which the pupil or pupils
22-37 attend school shall enter
into an agreement providing for the payment of
22-38 such tuition as may be
agreed upon, but transportation costs must be paid
22-39 by the board of trustees of
the school district in which the pupil or pupils
22-40 reside:
22-41 (a) If any are incurred in transporting a pupil or pupils to an
adjoining
22-42 school district within the
state; and
22-43 (b) If any are incurred in transporting a pupil or pupils to an
adjoining
22-44 state, as provided by the
agreement.
22-45 3. In addition to the
provisions for the payment of tuition and
22-46 transportation costs for
pupils admitted to an adjoining school district as
22-47 provided in subsection 2,
the agreement may contain provisions for the
22-48 payment of reasonable
amounts of money to defray the cost of operation,
23-1 maintenance and depreciation
of capital improvements which can be
23-2 allocated to such pupils.
23-3 Sec. 30. NRS 392.035 is hereby amended to read as follows:
23-4 392.035 1. In determining the mobility of pupils in a
school, for any
23-5 purpose, the department
shall divide the sum of the following numbers by
23-6 the cumulative enrollment in
the school:
23-7 (a) The number of late entries or transfers into a school from
another
23-8 school, school district or
state, after the beginning of the school year;
23-9 (b) The number of pupils reentering the school after having
withdrawn
23-10 from the same school; and
23-11 (c) The number of pupils who withdraw for any reason or who are
23-12 dropped for nonattendance.
23-13 2. To determine the
cumulative enrollment of the school pursuant to
23-14 subsection 1, the department
shall add the total number of pupils enrolled
23-15 in programs of instruction
in the school who are included in the count for
23-16 apportionment purposes
pursuant to paragraphs (a) [, (b), (c), (e) and (f)]
to
23-17 (e), inclusive, (g) and (h) of subsection 1 of NRS 387.123 and the number
23-18 of pupils included in
paragraphs (a) and (b) of subsection 1.
23-19 3. The department shall
develop and distribute to the county school
23-20 districts a form upon which
the information necessary to the formula may
23-21 be submitted by the
individual schools.
23-22 Sec. 31. NRS 392.070 is hereby amended to read as follows:
23-23 392.070 1. Attendance required by the provisions of NRS
392.040
23-24 must be excused when
satisfactory written evidence is presented to the
23-25 board of trustees of the
school district in which the child resides that the
23-26 child is receiving at home
or in some other school equivalent instruction of
23-27 the kind and amount approved
by the state board.
23-28 2. The board of trustees of
each school district shall provide programs
23-29 of special education and
related services for children who are exempt from
23-30 compulsory attendance
pursuant to subsection 1 and receive instruction at
23-31 home. The programs of
special education and related services required by
23-32 this section must be made
available:
23-33 (a) Only if a child would otherwise be eligible for participation in
23-34 programs of special
education and related services pursuant to NRS
23-35 388.440 to 388.520,
inclusive;
23-36 (b) In the same manner that the board of trustees provides, as required
23-37 by 20 U.S.C. § 1412, for the
participation of pupils with disabilities who
23-38 are enrolled in private
schools within the school district voluntarily by their
23-39 parents or legal guardians;
and
23-40 (c) In accordance with the same requirements set forth in 20 U.S.C.
§
23-41 1412 which relate to the
participation of pupils with disabilities who are
23-42 enrolled in private schools
within the school district voluntarily by their
23-43 parents or legal guardians.
23-44 3. Except as otherwise
provided in subsection 2 for programs of
23-45 special education and
related services [,] and subsection 5 for programs of
23-46 distance education, upon the request of a parent or legal guardian of a
23-47 child who is enrolled in a
private school or who receives instruction at
23-48 home, the board of trustees
of the school district in which the child resides
23-49 shall authorize the child to
participate in a class that is not available to the
24-1 child at the private school
or home school or participate in an
24-2 extracurricular activity,
excluding sports, at a public school within the
24-3 school district if:
24-4 (a) Space for the child in the class or extracurricular activity is
24-5 available; and
24-6 (b) The parent or legal guardian demonstrates to the satisfaction
of the
24-7 board of trustees that the
child is qualified to participate in the class or
24-8 extracurricular activity.
24-9 If the board of trustees of
a school district authorizes a child to participate
24-10 in a class or
extracurricular activity, excluding sports, pursuant to this
24-11 subsection, the board of
trustees is not required to provide transportation
24-12 for the child to attend the
class or activity.
24-13 4. The board of trustees of
a school district may revoke its approval for
24-14 a pupil to participate in a
class or extracurricular activity at a public school
24-15 pursuant to subsection 3 if
the board of trustees or the public school
24-16 determines that the pupil
has failed to comply with applicable statutes, or
24-17 applicable rules and
regulations of the board of trustees. If the board of
24-18 trustees revokes its
approval, neither the board of trustees nor the public
24-19 school are liable for any
damages relating to the denial of services to the
24-20 pupil.
24-21 5. The board of trustees of a school district, the governing
body of a
24-22 charter school or a consortium that provides a program of distance
24-23 education pursuant to sections 11 to 25, inclusive, of this act
shall, upon
24-24 the request of a parent or legal guardian of a child who is
enrolled in a
24-25 private school or who receives instruction at home, authorize the
child to
24-26 participate in a class offered through the program of distance
education
24-27 that is not available to the child at the private school or home
school or
24-28 participate in an extracurricular activity offered through the
program of
24-29 distance education if:
24-30 (a) Space for the child in
the class or extracurricular activity is
24-31 available; and
24-32 (b) The parent or legal
guardian demonstrates to the satisfaction of
24-33 the board of trustees, governing body or consortium, as applicable,
that
24-34 the child is qualified to participate in the class or
extracurricular
activity.
24-35 If the board of trustees, governing body or consortium, as
applicable,
24-36 authorizes a child to participate in a class or extracurricular
activity
24-37 pursuant to this subsection, the board of trustees, governing body
or
24-38 consortium is not required to provide transportation for the child
to
24-39 participate in the class or activity.
24-40 6. If the board of trustees of a school district other than the
school
24-41 district in which a child resides authorizes the child to
participate in a
24-42 class or extracurricular activity pursuant to subsection 5, or if
the
24-43 governing body of a charter school or a consortium authorizes a
child to
24-44 participate in a class or extracurricular activity pursuant to
subsection 5,
24-45 the board of trustees, governing body or consortium, as applicable,
shall
24-46 provide written notice of the authorization to the board of
trustees of the
24-47 school district in which the child resides. Upon receipt of the
written
24-48 notice, the board of trustees of the school district in which the
child
25-1 resides shall enter into a written agreement with the board of
trustees,
25-2 governing body or consortium that provides the program of distance
25-3 education. A separate agreement must be prepared for each year that
a
25-4 child participates in a class or extracurricular activity offered
through a
25-5 program of distance education. The written agreement must:
25-6 (a) Contain a statement
prepared by the board of trustees of the school
25-7 district in which the child resides indicating that the board of
trustees
25-8 understands that the child will be included in the calculation of
basic
25-9 support for the school district pursuant to subparagraph (7) of
paragraph
25-10 (a) of subsection 1 of NRS 387.1233 and that the superintendent of
25-11 public instruction will make appropriate adjustments in the
25-12 apportionments to the school district pursuant to NRS 387.124 to
account
25-13 for the child’s enrollment in the program of distance education;
25-14 (b) Contain a statement
prepared by the board of trustees of the school
25-15 district in which the child resides and the board of trustees,
governing
25-16 body or consortium that provides the program of distance education
25-17 setting forth the percentage of the total time services will be
provided to
25-18 the child through the program of distance education per school day
in
25-19 proportion to the total time services are provided during a school
day to
25-20 pupils who are counted pursuant to subparagraph (2) of paragraph
(a) of
25-21 subsection 1 of NRS 387.1233 for the school district in which the
pupil
25-22 resides;
25-23 (c) Be signed by the board of
trustees of the school district in which
25-24 the child resides and the board of trustees, governing body or
25-25 consortium, as applicable, that provides the program of distance
25-26 education; and
25-27 (d) Include any other
information required by the state board by
25-28 regulation.
25-29 7. On or before September 1 of each year, a written agreement must
25-30 be filed with the superintendent of public instruction for each
child who
25-31 participates in a program of distance education pursuant to
subsection 5.
25-32 The superintendent of public instruction shall apportion money for
that
25-33 child in accordance with subsection 4 of NRS 387.124 regardless of
25-34 whether an agreement has been filed as required by this section if
the
25-35 child was included in the count for basic support pursuant to NRS
25-36 387.1233.
25-37 8. The board of trustees of a school district, the governing body of
a
25-38 charter school or a consortium, as applicable, may revoke its
approval
25-39 for a child to participate in a class or extracurricular activity
pursuant to
25-40 subsection 5 if the board of trustees, governing body or consortium
25-41 determines that the child has failed to comply with applicable
statutes, or
25-42 applicable rules and regulations. If the board of trustees,
governing body
25-43 or consortium revokes its approval, neither the board of trustees,
25-44 governing body or consortium, as applicable, nor the program of
25-45 distance education are liable for any damages relating to the
denial of
25-46 services to the child.
25-47 9. The programs of special education and related services required by
25-48 subsection 2 may be offered
at a public school or another location that is
25-49 appropriate.
26-1 [6.] 10. The department may adopt such regulations as
are necessary
26-2 for the boards of trustees
of school districts to provide the programs of
26-3 special education and
related services required by subsection 2.
26-4 [7.] 11. As used in this section, “related services”
has the meaning
26-5 ascribed to it in 20 U.S.C.
§ 1401(22).
26-6 Sec. 32. 1. On or before December
1, 2001, the state board of
26-7 education shall submit a
draft of the regulations required by section 25 of
26-8 this act to the legislative
committee on education for the review and
26-9 comment of the committee.
26-10 2. On or before February 1,
2002, the legislative committee on
26-11 education shall review the
draft regulations and provide comment to the
26-12 state board of education.
26-13 3. On or before April 1,
2002, the state board of education shall adopt
26-14 final regulations required
by section 25 of this act.
26-15 Sec. 33. The department of education shall accept applications to
26-16 provide programs of distance
education in accordance with section 18 of
26-17 this act for programs that
will commence operation with the 2002-2003
26-18 school year. If any
deadlines contained within the regulations adopted by
26-19 the state board of education
pursuant to section 25 of this act prohibit a
26-20 school district, charter
school or consortium from submitting an application
26-21 for the 2002-2003 school
year, the department of education shall grant a
26-22 shorter period of time for a
school district, charter school or consortium to
26-23 submit an application for
the 2002-2003 school year notwithstanding the
26-24 provisions of those
regulations.
26-25 Sec. 34. 1. This section and
sections 25, 32 and 33 of this act
26-26 become effective upon
passage and approval.
26-27 2. Sections 1 to 24 inclusive,
and 26 to 31, inclusive, of this act
26-28 become effective on July 1,
2002.
26-29 H