Senate Bill No. 149–Senator Washington

 

February 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Authorizes parents of certain pupils to choose which public school pupils will attend. (BDR 34‑10)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to education; authorizing the parents of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 388.040 is hereby amended to read as follows:

1-2    388.040  1.  Except as otherwise provided in subsection 2, the board

1-3  of trustees of a school district that includes more than one school which

1-4  offers instruction in the same grade or grades may zone the school district

1-5  and determine which pupils shall attend each school.

1-6    2.  The establishment of zones pursuant to subsection 1 does not

1-7  preclude a pupil from attending a [charter school.] :

1-8    (a) Charter school; or

1-9    (b) Public school outside the zone of attendance that the pupil is

1-10  otherwise required to attend if the board of trustees of a school district

1-11  approves an application for the pupil to attend another public school

1-12  pursuant to section 2 of this act.

1-13    Sec. 2.  Chapter 392 of NRS is hereby amended by adding thereto a

1-14  new section to read as follows:

1-15    1.  Except as otherwise provided in subsection 2, the parents, legal

1-16  guardian or custodial parent of a pupil may submit an application for the

1-17  pupil to attend a public school that is located:

1-18    (a) Within the county in which the pupil resides but outside the zone

1-19  of attendance established pursuant to NRS 388.040 that the pupil is

1-20  required to attend; or

1-21    (b) Within a county that adjoins the county in which the pupil resides.

1-22    2.  The provisions of this section do not apply:

 

2-1    (a) For enrollment in a charter school.

2-2    (b) To a pupil who is ineligible to attend a public school pursuant to

2-3  NRS 392.264 or 392.4675.

2-4    3.  An application for enrollment in a public school pursuant to this

2-5  section must be submitted to the board of trustees of the school district

2-6  that the pupil wishes to attend on a form provided by the board of

2-7  trustees. The board of trustees of each school district shall prescribe the

2-8  deadline for the submission of applications, which must not be sooner

2-9  than 3 months before the commencement of a school year.

2-10    4.  The board of trustees of a school district shall not act on an

2-11  application that has been submitted until after the deadline for the

2-12  submission of applications. Except as otherwise provided in this

2-13  subsection, the board of trustees of a school district shall approve all

2-14  applications that are submitted. If the board of trustees of a school

2-15  district determines that a public school within the school district does not

2-16  have sufficient resources to accommodate the total number of pupils who

2-17  submitted applications for that school, including, without limitation, a

2-18  sufficient number of classrooms or personnel, the board of trustees of the

2-19  school district shall hold a meeting in accordance with chapter 241 of

2-20  NRS to select randomly which applications will be approved. The board

2-21  of trustees of the school district shall ensure that the random selection of

2-22  applications occurs in such a manner that every application which has

2-23  been submitted for a particular school is given an equal opportunity to be

2-24  included in the selection.

2-25    5.  If the board of trustees of a school district approves an

2-26  application, the board of trustees shall provide written notice of the

2-27  approval to:

2-28    (a) The person who submitted the application on behalf of the pupil;

2-29    (b) The public school that the pupil would otherwise be required to

2-30  attend;

2-31    (c) The public school that the pupil will attend; and

2-32    (d) The board of trustees of the school district in which the pupil

2-33  resides, if the pupil will be attending a public school in an adjoining

2-34  county.

2-35    6.  If the board of trustees of a school district approves an

2-36  application, the board of trustees shall enter into a written agreement

2-37  with the pupil that may include, without limitation, conditions of

2-38  behavior with which the pupil must comply while enrolled in the public

2-39  school and a minimum grade-point average that the pupil must maintain

2-40  while enrolled in the public school. If a pupil satisfies the conditions of

2-41  the agreement, he may remain in the public school for succeeding school

2-42  years without submitting an application pursuant to this section if space

2-43  for the pupil is available. If space for the pupil is not available in that

2-44  public school, he may return to the public school that he is otherwise

2-45  required to attend or submit an application pursuant to this section to

2-46  attend another public school. If a pupil does not satisfy the conditions of

2-47  the agreement, the board of trustees may, upon completion of the school

2-48  year, revoke its approval for the pupil to attend the public school. If the

2-49  board of trustees of a school district revokes its approval, the pupil may

3-1  return to the public school that he is otherwise required to attend or

3-2  submit an application pursuant to this section to attend another public

3-3  school.

3-4    7.  If a pupil attends a public school pursuant to this section:

3-5    (a) The pupil must be included in the count of pupils in the school

3-6  district in which the pupil attends school for the purposes of

3-7  apportionments and allowances from the state distributive school

3-8  account pursuant to NRS 387.121 to 387.126, inclusive.

3-9    (b) The pupil may return to the public school that he is otherwise

3-10  required to attend if the parents, legal guardian or custodial parent of the

3-11  pupil provide written notice of that desire to the board of trustees of the

3-12  school district in which the pupil resides. If a pupil attends a public

3-13  school outside the county in which the pupil resides and he returns to the

3-14  public school that he is otherwise required to attend during the school

3-15  year, appropriate adjustments must be made for that school year in the

3-16  computation of apportionments for the two school districts.

3-17    (c) Neither the board of trustees of the school district in which the

3-18  pupil attends school nor the board of trustees of the school district in

3-19  which the pupil resides is required to provide transportation for the pupil

3-20  to attend the public school.

3-21    Sec. 3.  NRS 392.010 is hereby amended to read as follows:

3-22    392.010  Except as to the attendance of a pupil pursuant to NRS

3-23  392.015 or section 2 of this act, or a pupil who is ineligible for attendance

3-24  pursuant to NRS 392.4675 , and except as otherwise provided in NRS

3-25  392.264 and 392.268:

3-26    1.  The board of trustees of any school district may, with the approval

3-27  of the superintendent of public instruction:

3-28    (a) Admit to the school or schools of the school district any pupil or

3-29  pupils living in an adjoining school district within this state or in an

3-30  adjoining state when the school district of residence in the adjoining state

3-31  adjoins the receiving Nevada school district; or

3-32    (b) Pay tuition for pupils residing in the school district but who attend

3-33  school in an adjoining school district within this state or in an adjoining

3-34  state when the receiving district in the adjoining state adjoins the school

3-35  district of Nevada residence.

3-36    2.  With the approval of the superintendent of public instruction, the

3-37  board of trustees of the school district in which the pupil or pupils reside

3-38  and the board of trustees of the school district in which the pupil or pupils

3-39  attend school shall enter into an agreement providing for the payment of

3-40  such tuition as may be agreed upon, but transportation costs must be paid

3-41  by the board of trustees of the school district in which the pupil or pupils

3-42  reside:

3-43    (a) If any are incurred in transporting a pupil or pupils to an adjoining

3-44  school district within the state; and

3-45    (b) If any are incurred in transporting a pupil or pupils to an adjoining

3-46  state, as provided by the agreement.

3-47    3.  In addition to the provisions for the payment of tuition and

3-48  transportation costs for pupils admitted to an adjoining school district as

3-49  provided in subsection 2, the agreement may contain provisions for the

4-1  payment of reasonable amounts of money to defray the cost of operation,

4-2  maintenance and depreciation of capital improvements which can be

4-3  allocated to such pupils.

4-4    Sec. 4.  This act becomes effective on July 1, 2001.

 

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