Senate Bill No. 235–Senators Washington,
O’Connell,
O’Donnell and Rawson
February 22, 2001
____________
Joint Sponsors: Assemblymen Hettrick, Cegavske, Von Tobel, Angle, Gustavson, Marvel and Tiffany
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Establishes program of voucher schools for certain pupils. (BDR 34‑9)
FISCAL NOTE: Effect on Local Government: Yes.
~
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; establishing a program of voucher schools to be administered by the department of education; authorizing certain private schools to apply to the department of education for certification as voucher schools; authorizing certain pupils to apply to the department of education to participate in the program of voucher schools; revising provisions governing the apportionments of money from the state distributive school account to provide for the payments of money for pupils who are enrolled in voucher schools; 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. Title 34 of NRS is hereby amended by adding thereto a
1-2 new chapter to consist of the provisions set forth as sections 2 to 16,
1-3 inclusive, of this act.
1-4 Sec. 2. As used in sections 2 to 16, inclusive, of this act, unless the
1-5 context otherwise requires, the words and terms defined in sections 3 to
1-6 7, inclusive, of this act have the meanings ascribed to them in those
1-7 sections.
1-8 Sec. 3. “Family of low income” means a family with a monthly
1-9 household income that is at or below the federally designated level
1-10 signifying poverty.
1-11 Sec. 4. “Private school” has the meaning ascribed to it in NRS
1-12 394.103.
2-1 Sec. 5. “Program” means the program of voucher schools
2-2 established pursuant to section 8 of this act.
2-3 Sec. 6. “Voucher” means a document that may be exchanged by a
2-4 voucher school with the department for money for the educational
2-5 expenses of a pupil who participates in the program and attends the
2-6 voucher school.
2-7 Sec. 7. “Voucher school” means a private school that is certified
2-8 pursuant to section 10 of this act.
2-9 Sec. 8. There is hereby established the program of voucher schools,
2-10 to be administered by the department. The department shall:
2-11 1. Adopt regulations:
2-12 (a) Prescribing the process for submission of an application by a
2-13 private school to become certified as a voucher school and the contents of
2-14 the application;
2-15 (b) Prescribing the process for submission of an application by a
2-16 parent or legal guardian of a child to participate in the program; and
2-17 (c) As are necessary to carry out the provisions of sections 2 to 16,
2-18 inclusive, of this act.
2-19 2. Provide information to the general public concerning the
2-20 program.
2-21 3. Maintain a list available for public inspection that identifies which
2-22 private schools are certified as voucher schools pursuant to section 10 of
2-23 this act.
2-24 Sec. 9. 1. A private school may submit to the department an
2-25 application to become certified as a voucher school if the private school:
2-26 (a) Is licensed pursuant to chapter 394 of NRS; and
2-27 (b) Has an admissions policy that does not discriminate on the basis of
2-28 a single race or ethnicity.
2-29 2. Such an application must include:
2-30 (a) Proof that the private school is licensed pursuant to chapter 394 of
2-31 NRS;
2-32 (b) A written statement that the private school does not discriminate
2-33 on the basis of a single race or ethnicity;
2-34 (c) A written statement that the private school will not charge tuition
2-35 or fees to children from families of low income who participate in the
2-36 program; and
2-37 (d) The number of children from the program that the private school
2-38 is able to accommodate.
2-39 Sec. 10. 1. Upon receipt of an application from a private school,
2-40 the department shall review the application to determine whether it is
2-41 complete. The department shall approve an application if it is complete.
2-42 The department shall provide written notice to the applicant of its
2-43 approval or denial of the application.
2-44 2. If an application is approved by the department, the department
2-45 and the private school shall enter into a written agreement which
2-46 certifies that the private school is a voucher school.
2-47 3. The certification of a voucher school pursuant to this section
2-48 remains valid indefinitely unless:
3-1 (a) The department revokes the certification pursuant to section 11 of
3-2 this act; or
3-3 (b) The voucher school requests the department to revoke the
3-4 certification.
3-5 4. If a voucher school requests that the department revoke the
3-6 certification of the voucher school during a school year, the voucher
3-7 school shall continue to provide an education to pupils who participate in
3-8 the program and are enrolled in the voucher school for the remainder of
3-9 the school year. Upon completion of the school year, the department
3-10 shall revoke the certification of the voucher school.
3-11 Sec. 11. 1. The department shall revoke the certification of a
3-12 voucher school if the:
3-13 (a) Voucher school fails to comply with the provisions of sections 2 to
3-14 16, inclusive, of this act.
3-15 (b) License of the voucher school is revoked pursuant to chapter 394
3-16 of NRS.
3-17 2. The department shall not interfere with the operation or
3-18 management of a voucher school except as authorized by sections 2 to
3-19 16, inclusive, of this act.
3-20 Sec. 12. 1. A voucher school shall:
3-21 (a) Comply with all laws and regulations relating to discrimination
3-22 and civil rights;
3-23 (b) Accept a voucher from a child from a family of low income as full
3-24 payment for the costs of providing an education to the child; and
3-25 (c) Comply with the provisions of sections 2 to 16, inclusive, of this
3-26 act.
3-27 2. A voucher school shall not charge tuition or fees to children from
3-28 families of low income who participate in the program and attend the
3-29 voucher school.
3-30 3. For all legal intents and purposes, a voucher school is not a public
3-31 employer.
3-32 Sec. 13. 1. The parent or legal guardian of a child may submit an
3-33 application to the department to participate in the program if:
3-34 (a) At least one voucher school is located within the county in which
3-35 the child resides; and
3-36 (b) The child is:
3-37 (1) Enrolled in or otherwise scheduled to attend a public school that
3-38 has carried a designation as demonstrating need for improvement
3-39 pursuant to NRS 385.363 for 3 consecutive years; or
3-40 (2) From a family of low income and in the immediately succeeding
3-41 school year the child:
3-42 (I) Was enrolled in a public school in this state;
3-43 (II) Was enrolled in a voucher school as a participant in the
3-44 program; or
3-45 (III) Was not enrolled in a school.
3-46 2. The department shall categorize the applications that it receives by
3-47 school district. For each school district, the department shall approve the
3-48 applications of not more than 10 percent of the children who reside
3-49 within each school district. If more eligible children apply for
4-1 participation in the program than the number of applications that may be
4-2 approved for a particular school district, the department shall select
4-3 applications at random by lottery for approval.
4-4 3. Upon approval of an application, the department shall provide a
4-5 written statement of approval to the parent or legal guardian of the child
4-6 indicating the date of approval.
4-7 4. A written statement of approval is valid for 1 school year. If a
4-8 parent or legal guardian desires that his child continue to participate in
4-9 the program, the parent or legal guardian must reapply for participation
4-10 in the program each year. If a child initially participates in the program
4-11 because he is enrolled in or otherwise scheduled to attend a public school
4-12 that has carried a designation as demonstrating need for improvement
4-13 pursuant to NRS 385.363 for 3 consecutive years, the child is eligible to
4-14 continue his participation in the program if he satisfies the requirements
4-15 of this section, regardless of whether that public school subsequently
4-16 receives a designation other than a designation as demonstrating need
4-17 for improvement.
4-18 5. A parent or legal guardian may withdraw his child from
4-19 participation in the program at any time upon written notice to the
4-20 department.
4-21 Sec. 14. 1. Upon receipt of a written statement of approval
4-22 pursuant to section 13 of this act, the parent or legal guardian of a child
4-23 may apply for enrollment in a voucher school which is located within the
4-24 school district that the child would otherwise attend. Such an application
4-25 must be accompanied by a copy of the written statement of approval.
4-26 2. If more children who participate in the program apply for
4-27 enrollment in a voucher school than the number of spaces which are
4-28 available, the voucher school shall:
4-29 (a) Determine which applicants to enroll at random by lottery; and
4-30 (b) Provide the department with written evidence that the school
4-31 complied with the provisions of this subsection.
4-32 If the department determines that the voucher school did not comply with
4-33 the lottery system required by this subsection, the department may
4-34 withdraw the certification of the voucher school.
4-35 3. If a parent or legal guardian of a child who participates in the
4-36 program desires to continue his child’s education in a voucher school,
4-37 the parent or legal guardian shall submit an application for enrollment
4-38 in a voucher school for each school year.
4-39 Sec. 15. Upon the written request of a parent or legal guardian of a
4-40 pupil who is enrolled in a voucher school, the school shall not require
4-41 the pupil to participate in any religious activity.
4-42 Sec. 16. 1. Pupils who participate in the program and are enrolled
4-43 in a voucher school, including, without limitation, pupils who are
4-44 enrolled in programs of special education in a voucher school, must be
4-45 included in the count of pupils in the school district for the purposes of
4-46 apportionments and allowances from the state distributive school
4-47 account pursuant to NRS 387.121 to 387.126, inclusive.
4-48 2. A voucher school shall submit to the department a list of names of
4-49 the pupils that participate in the program and are accepted for
5-1 enrollment in the voucher school. Upon receipt of such a list, the
5-2 department shall verify that each pupil identified on the list has been
5-3 approved for participation in the program and resides within the school
5-4 district in which the voucher school is located. After the department
5-5 verifies the list of names, the department shall issue a voucher to each
5-6 parent or legal guardian of a pupil who is approved for participation in
5-7 the program and accepted for enrollment in a voucher school. The
5-8 parent or legal guardian shall restrictively endorse the voucher for use by
5-9 the voucher school that his child will attend and submit the voucher to
5-10 the voucher school.
5-11 3. A voucher school may submit all vouchers that it receives which
5-12 are endorsed to the department for payment. A parent or legal guardian
5-13 of a pupil may not submit a voucher directly to the department for
5-14 payment. Upon receipt of all vouchers from a voucher school, the
5-15 department shall pay to the voucher school for each child who
5-16 participates in the program and is enrolled in the voucher school, an
5-17 amount equal to:
5-18 (a) The per pupil amount of money apportioned to the school district
5-19 in which the voucher school is located from the state distributive school
5-20 account pursuant to NRS 387.124; or
5-21 (b) The per pupil annual tuition charged by the voucher school,
5-22 whichever is less. The department may pay the total amount due to a
5-23 voucher school pursuant to this subsection in quarterly payments.
5-24 Sec. 17. NRS 386.415 is hereby amended to read as follows:
5-25 386.415 1. The board of trustees of any school district may enter into
5-26 an agreement with any individual, firm, partnership, corporation,
5-27 association or public agency which has been approved for such purpose by
5-28 the aging services division of the department of human resources, whereby
5-29 the school district agrees to prepare hot lunches for persons 60 years of age
5-30 or older and their spouses or any group of such persons by utilizing the
5-31 systems and procedures already developed for use in the school lunch
5-32 program of such district.
5-33 2. No agreement entered into by a board of trustees of a school district
5-34 pursuant to the provisions of this section may:
5-35 (a) Involve the expenditure by the school district of any school lunch
5-36 money or other money for the system of public [school money] education
5-37 or the use of any school lunch commodities or public school personnel,
5-38 equipment or facilities unless the agreement includes a provision requiring
5-39 full reimbursement therefor.
5-40 (b) Provide for payment to the school district of any amount in excess
5-41 of the estimated actual cost of food, personnel, equipment, facilities and
5-42 other necessary expenditures involved in the performance of the
5-43 agreement. The estimated actual cost shall be negotiated by the board of
5-44 trustees and the aging services division of the department of human
5-45 resources.
5-46 (c) Permit any program of hot lunches for persons 60 years of age or
5-47 over and their spouses to interfere in any way with the use of school lunch
5-48 facilities for public school purposes.
6-1 Sec. 18. NRS 386.527 is hereby amended to read as follows:
6-2 386.527 1. Except as otherwise provided in subsection 3, if the board
6-3 of trustees of a school district approves an application to form a charter
6-4 school, it shall grant a written charter to the applicant. The board of
6-5 trustees shall, not later than 10 days after the approval of the application,
6-6 provide written notice to the department of the approval and the date of the
6-7 approval. The board of trustees that approves the application shall be
6-8 deemed the sponsor of the charter school. A written charter must be for a
6-9 term of 6 years unless the governing body of a charter school renews its
6-10 initial charter after 3 years of operation pursuant to subsection 2 of NRS
6-11 386.530. A written charter must include all conditions of operation set
6-12 forth in paragraphs (a) to (n), inclusive, of subsection 2 of NRS 386.520.
6-13 As a condition of the issuance of a written charter pursuant to this
6-14 subsection, the charter school must agree to comply with all conditions of
6-15 operation set forth in NRS 386.550.
6-16 2. The governing body of a charter school may submit to the sponsor
6-17 of the charter school a written request for an amendment of the written
6-18 charter of the charter school. If the proposed amendment complies with the
6-19 provisions of this section, NRS 386.500 to 386.610, inclusive, and any
6-20 other statute or regulation applicable to charter schools, the sponsor shall
6-21 amend the written charter in accordance with the proposed amendment.
6-22 3. If the board of trustees of a school district is considering an
6-23 application to form a charter school and determines that the applicant is not
6-24 yet eligible for the issuance of a charter pursuant to subsection 1, it may, if
6-25 applicable, hold the application in abeyance and grant a conditional charter
6-26 to the applicant if the applicant:
6-27 (a) Has not obtained a building, equipment or personnel for the charter
6-28 school; and
6-29 (b) Submits proof satisfactory to the entity which is considering the
6-30 application that acceptance of the application is necessary to obtain the
6-31 building, equipment or personnel for the charter school.
6-32 The board of trustees of a school district that grants a conditional charter
6-33 pursuant to this subsection shall provide written notice to the state board of
6-34 its action.
6-35 4. A conditional charter expires 1 year after its issuance and is
6-36 nonrenewable. The holder of a conditional charter shall not operate a
6-37 charter school and is not eligible to receive any money for the system of
6-38 public [school money] education for the operation of a charter school.
6-39 Before the expiration of a conditional charter, the holder of the conditional
6-40 charter may submit a supplemental application and request the board of
6-41 trustees that granted the conditional charter to determine whether the
6-42 holder is eligible for the issuance of a charter pursuant to subsection 1. The
6-43 board of trustees shall consider such a request as soon as is practicable.
6-44 Sec. 19. Chapter 387 of NRS is hereby amended by adding thereto a
6-45 new section to read as follows:
6-46 As used in this chapter, “voucher school” has the meaning ascribed to
6-47 it in section 7 of this act.
7-1 Sec. 20. NRS 387.040 is hereby amended to read as follows:
7-2 387.040 1. Except as otherwise provided in subsection 2 and NRS
7-3 387.528, the state treasurer shall pay over all money for the system of
7-4 public [school money] education received by him for the support of school
7-5 districts only on warrants of the state controller issued upon the orders of
7-6 the superintendent of public instruction in favor of county treasurers. When
7-7 endorsed, the orders are valid vouchers in the hands of the state controller
7-8 for the disbursement of money for the system of public [school money.]
7-9 education.
7-10 2. Except as otherwise provided in NRS 387.528, if the board of
7-11 trustees of a school district establishes and administers a separate account
7-12 pursuant to the provisions of NRS 354.603, the state treasurer shall pay
7-13 over to the school district all money for the system of public [school
7-14 money] education due the school district.
7-15 3. The state treasurer shall pay over all money for the system of public
7-16 [school money] education received by him for the support of charter
7-17 schools only on warrants of the state controller issued upon the orders of
7-18 the superintendent of public instruction in favor of the charter schools.
7-19 When endorsed, the orders are valid vouchers in the hands of the state
7-20 controller for the disbursement of money for the system of public [school
7-21 money.] education.
7-22 Sec. 21. NRS 387.045 is hereby amended to read as follows:
7-23 387.045 1. [No] Except as otherwise provided in section 16 of this
7-24 act, no portion of the money for the system of public [school funds]
7-25 education or of the money specially appropriated for the purpose of the
7-26 system of public [schools shall] education may be devoted to any other
7-27 object or purpose.
7-28 2. No portion of the money for the system of public [school funds
7-29 shall] education may in any way be segregated, divided or set apart for the
7-30 direct use or benefit of any sectarian or secular society or association.
7-31 Sec. 22. NRS 387.121 is hereby amended to read as follows:
7-32 387.121 The legislature declares that the proper objective of state
7-33 financial aid to public education is to ensure each Nevada child a
7-34 reasonably equal educational opportunity. Recognizing wide local
7-35 variations in wealth and costs per pupil, this state should supplement local
7-36 financial ability to whatever extent necessary in each school district to
7-37 provide programs of instruction in both compulsory and elective subjects ,
7-38 whether in a public school or a voucher school, that offer full opportunity
7-39 for every Nevada child to receive the benefit of the purposes for which the
7-40 system of public [schools are] education is maintained. Therefore the
7-41 quintessence of the state’s financial obligation for such programs can be
7-42 expressed in a formula partially on a per pupil basis and partially on a per
7-43 program basis as: State financial aid to school districts equals the
7-44 difference between school district basic support guarantee and local
7-45 available funds produced by mandatory taxes minus all the local funds
7-46 attributable to pupils who reside in the county but participate in the
7-47 program of voucher schools pursuant to sections 2 to 16, inclusive, of
7-48 this act and attend a voucher school and pupils who reside in the county
7-49 and attend a charter school. This formula is designated the Nevada plan.
8-1 Sec. 23. NRS 387.1211 is hereby amended to read as follows:
8-2 387.1211 As used in NRS 387.121 to 387.126, inclusive:
8-3 1. “Average daily attendance” means the total number of pupils
8-4 attending a particular school each day during a period of reporting divided
8-5 by the number of days school is in session during that period.
8-6 2. “Enrollment” means the count of pupils [enrolled] who:
8-7 (a) Are enrolled in and scheduled to attend programs of instruction of a
8-8 school district ;
8-9 (b) Participate in the program of voucher schools pursuant to sections
8-10 2 to 16, inclusive, of this act, and are enrolled in and scheduled to attend
8-11 programs of instruction of a voucher school; or
8-12 (c) Are enrolled in and scheduled to attend programs of instruction of
8-13 a charter school ,
8-14 at a specified time during the school year.
8-15 3. “Special education program unit” means an organized unit of
8-16 special education and related services which includes full-time services of
8-17 persons licensed by the superintendent of public instruction or other
8-18 appropriate licensing body, providing a program of instruction in
8-19 accordance with minimum standards prescribed by the state board.
8-20 Sec. 24. NRS 387.1233 is hereby amended to read as follows:
8-21 387.1233 1. Except as otherwise provided in subsection 2, basic
8-22 support of each school district must be computed by:
8-23 (a) Multiplying the basic support guarantee per pupil established for that
8-24 school district for that school year by the sum of:
8-25 (1) Six-tenths the count of pupils enrolled in the kindergarten
8-26 department on the last day of the first school month of the school district
8-27 for the school year, including, without limitation, the count of pupils who
8-28 reside in the county and are enrolled in any charter school and pupils who
8-29 reside in the county, participate in the program of voucher schools
8-30 pursuant to sections 2 to 16, inclusive, of this act and are enrolled in a
8-31 voucher school, on the last day of the first school month of the school
8-32 district for the school year.
8-33 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
8-34 last day of the first school month of the school district for the school year,
8-35 including, without limitation, the count of pupils who reside in the county
8-36 and are enrolled in any charter school and pupils who reside in the county,
8-37 participate in the program of voucher schools pursuant to sections 2 to
8-38 16, inclusive, of this act and are enrolled in a voucher school, on the last
8-39 day of the first school month of the school district for the school year.
8-40 (3) The count of pupils not included under subparagraph (1) or (2)
8-41 who are receiving special education pursuant to the provisions of NRS
8-42 388.440 to 388.520, inclusive, on the last day of the first school month of
8-43 the school district for the school year, excluding the count of pupils who
8-44 have not attained the age of 5 years and who are receiving special
8-45 education pursuant to subsection 1 of NRS 388.490 on that day.
8-46 (4) Six-tenths the count of pupils who have not attained the age of 5
8-47 years and who are receiving special education pursuant to subsection 1 of
8-48 NRS 388.490 on the last day of the first school month of the school district
8-49 for the school year.
9-1 (5) The count of children detained in detention homes, alternative
9-2 programs and juvenile forestry camps receiving instruction pursuant to the
9-3 provisions of NRS 388.550, 388.560 and 388.570 on the last day of the
9-4 first school month of the school district for the school year.
9-5 (6) The count of pupils who are enrolled in classes for at least one
9-6 semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of NRS
9-7 392.070, expressed as a percentage of the total time services are provided
9-8 to those pupils per school day in proportion to the total time services are
9-9 provided during a school day to pupils who are counted pursuant to
9-10 subparagraph (2).
9-11 (b) Multiplying the number of special education program units
9-12 maintained and operated by the amount per program established for that
9-13 school year.
9-14 (c) Adding the amounts computed in paragraphs (a) and (b).
9-15 2. If the enrollment of pupils in a school district or a charter school
9-16 that is located within the school district on the last day of the first school
9-17 month of the school district for the school year is less than the enrollment
9-18 of pupils in the same school district or charter school on the last day of the
9-19 first school month of the school district for the immediately preceding
9-20 school year, the larger number must be used for purposes of apportioning
9-21 money from the state distributive school account to that school district or
9-22 charter school pursuant to NRS 387.124.
9-23 3. Pupils who are excused from attendance at examinations or have
9-24 completed their work in accordance with the rules of the board of trustees
9-25 must be credited with attendance during that period.
9-26 4. Pupils who are incarcerated in a facility or institution operated by
9-27 the department of prisons must not be counted for the purpose of
9-28 computing basic support pursuant to this section. The average daily
9-29 attendance for such pupils must be reported to the department of education.
9-30 5. Part-time pupils who are enrolled in courses which are approved by
9-31 the department as meeting the requirements for an adult to earn a high
9-32 school diploma must not be counted for the purpose of computing basic
9-33 support pursuant to this section. The average daily attendance for such
9-34 pupils must be reported to the department.
9-35 Sec. 25. NRS 387.124 is hereby amended to read as follows:
9-36 387.124 Except as otherwise provided in NRS 387.528:
9-37 1. On or before August 1, November 1, February 1 and May 1 of each
9-38 year, the superintendent of public instruction shall, except as otherwise
9-39 provided in subsections 2 and 3, apportion the state distributive school
9-40 account in the state general fund among the several county school districts
9-41 and charter schools in amounts approximating one-fourth of their
9-42 respective yearly apportionments less any amount set aside as a reserve.
9-43 The apportionment to a school district, computed on a yearly basis, equals
9-44 the difference between the basic support and the local funds available
9-45 pursuant to NRS 387.1235, minus all the funds attributable to pupils who
9-46 reside in the county but attend a charter school[.] and the amount of
9-47 money paid to a voucher school located in the county pursuant to section
9-48 16 of this act. No apportionment may be made to a school district if the
9-49 amount of the local funds exceeds the amount of basic support. The
10-1 apportionment to a charter school, computed on a yearly basis, is equal to
10-2 the sum of the basic support per pupil in the county in which the pupil
10-3 resides plus the amount of local funds available per pupil pursuant to NRS
10-4 387.1235 and all other funds available for public schools in the county in
10-5 which the pupil resides. If the apportionment per pupil to a charter school
10-6 is more than the amount to be apportioned to the school district in which a
10-7 pupil who is enrolled in the charter school resides, the school district in
10-8 which the pupil resides shall pay the difference directly to the charter
10-9 school.
10-10 2. The governing body of a charter school may submit a written
10-11 request to the superintendent of public instruction to receive, in the first
10-12 year of operation of the charter school, an apportionment 30 days before
10-13 the apportionment is required to be made pursuant to subsection 1. Upon
10-14 receipt of such a request, the superintendent of public instruction may
10-15 make the apportionment 30 days before the apportionment is required to be
10-16 made. A charter school may receive all four apportionments in advance in
10-17 its first year of operation.
10-18 3. If the state controller finds that such an action is needed to maintain
10-19 the balance in the state general fund at a level sufficient to pay the other
10-20 appropriations from it, he may pay out the apportionments monthly, each
10-21 approximately one-twelfth of the yearly apportionment less any amount set
10-22 aside as a reserve. If such action is needed, the state controller shall submit
10-23 a report to the department of administration and the fiscal analysis division
10-24 of the legislative counsel bureau documenting reasons for the action.
10-25 Sec. 26. NRS 387.185 is hereby amended to read as follows:
10-26 387.185 1. Except as otherwise provided in subsection 2 and NRS
10-27 387.528, all school money
due each county school district must be
paid over by the state treasurer to the county treasurer on August 1,
10-28 November 1, February 1 and May 1 of each year or as soon thereafter as
10-29 the county treasurer may apply for it, upon the warrant of the state
10-30 controller drawn in conformity with the apportionment of the
10-31 superintendent of public instruction as provided in NRS 387.124.
10-32 2. Except as otherwise provided in NRS 387.528, if the board of
10-33 trustees of a school district establishes and administers a separate account
10-34 pursuant to the provisions of NRS 354.603, all school money due that
10-35 school district must be paid over by the state treasurer to the school district
10-36 on August 1, November 1, February 1 and May 1 of each year or as soon
10-37 thereafter as the school district may apply for it, upon the warrant of the
10-38 state controller drawn in conformity with the apportionment of the
10-39 superintendent of public instruction as provided in NRS 387.124.
10-40 3. No county school district may receive any portion of the money for
10-41 the system of public [school money] education unless that school district
10-42 has complied with the provisions of this Title and regulations adopted
10-43 pursuant thereto.
10-44 4. Except as otherwise provided in this subsection, all school money
10-45 due each charter school must be paid over by the state treasurer to the
10-46 governing body of the charter school on August 1, November 1, February 1
10-47 and May 1 of each year or as soon thereafter as the governing body may
10-48 apply for it, upon the warrant of the state controller drawn in conformity
11-1 with the apportionment of the superintendent of public instruction as
11-2 provided in NRS 387.124. If the superintendent of public instruction has
11-3 approved, pursuant to subsection 2 of NRS 387.124, a request for payment
11-4 of an apportionment 30 days before the apportionment is otherwise
11-5 required to be made, the money due to the charter school must be paid by
11-6 the state treasurer to the governing body of the charter school on July 1,
11-7 October 1, January 1 or April 1, as applicable.
11-8 Sec. 27. NRS 387.195 is hereby amended to read as follows:
11-9 387.195 1. Each board of county commissioners shall levy a tax of
11-10 75 cents on each $100 of assessed valuation of taxable property within the
11-11 county for the support of the system of public [schools] education within
11-12 the county school district.
11-13 2. The tax collected pursuant to subsection 1 on any assessed valuation
11-14 attributable to the net proceeds of minerals must not be considered as
11-15 available to pay liabilities of the fiscal year in which the tax is collected but
11-16 must be deferred for use in the subsequent fiscal year. The annual budget
11-17 for the school district must only consider as an available source the tax on
11-18 the net proceeds of minerals which was collected in the prior year.
11-19 3. In addition to any tax levied in accordance with subsection 1, each
11-20 board of county commissioners shall levy a tax for the payment of interest
11-21 and redemption of outstanding bonds of the county school district.
11-22 4. The tax collected pursuant to subsection 1 and any interest earned
11-23 from the investment of the proceeds of that tax must be credited to the
11-24 county’s school district fund.
11-25 5. The tax collected pursuant to subsection 3 and any interest earned
11-26 from the investment of the proceeds of that tax must be credited to the
11-27 county school district’s debt service fund.
11-28 Sec. 28. NRS 387.210 is hereby amended to read as follows:
11-29 387.210 Except when the board of trustees of a county school district
11-30 elects to establish a separate account under the provisions of NRS 354.603,
11-31 each county treasurer shall:
11-32 1. Receive and hold as a special deposit all money for the system of
11-33 public [school moneys,] education, whether received by him from the state
11-34 treasurer or raised by the county for the benefit of the system of public
11-35 [schools,] education, or from any other source, and keep separate accounts
11-36 thereof and of their disbursements.
11-37 2. Pay over all money for the system of public [school moneys]
11-38 education received by him only on warrants of the county auditor, issued
11-39 upon orders of the board of trustees of the county school district. All orders
11-40 issued in accordance with law by the board of trustees shall be valid
11-41 vouchers in the hands of the county auditors for warrants drawn upon such
11-42 orders.
11-43 Sec. 29. NRS 387.225 is hereby amended to read as follows:
11-44 387.225 No tax collector or county treasurer shall receive any fees or
11-45 compensation whatever for collecting, receiving, keeping, transporting or
11-46 disbursing any money for the system of public [school moneys.]
11-47 education.
12-1 Sec. 30. NRS 388.150 is hereby amended to read as follows:
12-2 388.150 1. No books, tracts or papers of a sectarian or
12-3 denominational character may be used or introduced in any public school
12-4 established pursuant to the provisions of this Title of NRS, nor may any
12-5 sectarian or denominational doctrines be taught in any public school.
12-6 2. Any school district or charter school whose officers knowingly
12-7 allow any public schools to be taught in violation of this section forfeits all
12-8 right to any money for the system of public [school funds.] education.
12-9 3. Nothing in this section prohibits a school district or charter school
12-10 from complying with applicable federal laws, such as the Equal Access
12-11 Act, 20 U.S.C. §§ 4071 et seq.
12-12 Sec. 31. NRS 392.070 is hereby amended to read as follows:
12-13 392.070 1. Attendance required by the provisions of NRS 392.040
12-14 must be excused when satisfactory written evidence is presented to the
12-15 board of trustees of the school district in which the child resides that the
12-16 child is [receiving] :
12-17 (a) Receiving at home or in some other school equivalent instruction of
12-18 the kind and amount approved by the state board.
12-19 (b) Participating in the program of voucher schools pursuant to
12-20 sections 2 to 16, inclusive, of this act and enrolled in a voucher school.
12-21 2. The board of trustees of each school district shall provide programs
12-22 of special education and related services for children who are exempt from
12-23 compulsory attendance pursuant to subsection 1 and receive instruction at
12-24 home. The programs of special education and related services required by
12-25 this section must be made available:
12-26 (a) Only if a child would otherwise be eligible for participation in
12-27 programs of special education and related services pursuant to NRS
12-28 388.440 to 388.520, inclusive;
12-29 (b) In the same manner that the board of trustees provides, as required
12-30 by 20 U.S.C. § 1412, for the participation of pupils with disabilities who
12-31 are enrolled in private schools within the school district voluntarily by their
12-32 parents or legal guardians; and
12-33 (c) In accordance with the same requirements set forth in 20 U.S.C. §
12-34 1412 which relate to the participation of pupils with disabilities who are
12-35 enrolled in private schools within the school district voluntarily by their
12-36 parents or legal guardians.
12-37 3. Except as otherwise provided in subsection 2 for programs of
12-38 special education and related services, upon the request of a parent or legal
12-39 guardian of a child who is enrolled in a private school or who receives
12-40 instruction at home, the board of trustees of the school district in which the
12-41 child resides shall authorize the child to participate in a class that is not
12-42 available to the child at the private school or home school or participate in
12-43 an extracurricular activity, excluding sports, at a public school within the
12-44 school district if:
12-45 (a) Space for the child in the class or extracurricular activity is
12-46 available; and
12-47 (b) The parent or legal guardian demonstrates to the satisfaction of the
12-48 board of trustees that the child is qualified to participate in the class or
12-49 extracurricular activity.
13-1 If the board of trustees of a school district authorizes a child to participate
13-2 in a class or extracurricular activity, excluding sports, pursuant to this
13-3 subsection, the board of trustees is not required to provide transportation
13-4 for the child to attend the class or activity.
13-5 4. The board of trustees of a school district may revoke its approval for
13-6 a pupil to participate in a class or extracurricular activity at a public school
13-7 pursuant to subsection 3 if the board of trustees or the public school
13-8 determines that the pupil has failed to comply with applicable statutes, or
13-9 applicable rules and regulations of the board of trustees. If the board of
13-10 trustees revokes its approval, neither the board of trustees nor the public
13-11 school are liable for any damages relating to the denial of services to the
13-12 pupil.
13-13 5. The programs of special education and related services required by
13-14 subsection 2 may be offered at a public school or another location that is
13-15 appropriate.
13-16 6. The department may adopt such regulations as are necessary for the
13-17 boards of trustees of school districts to provide the programs of special
13-18 education and related services required by subsection 2.
13-19 7. As used in this section, “related services” has the meaning ascribed
13-20 to it in 20 U.S.C. § 1401(22).
13-21 Sec. 32. NRS 392.466 is hereby amended to read as follows:
13-22 392.466 1. Except as otherwise provided in this section, any pupil
13-23 who commits a battery which results in the bodily injury of an employee of
13-24 the school, sells or distributes any controlled substance or is found in
13-25 possession of a dangerous weapon, while on the premises of any public
13-26 school, at an activity sponsored by a public school or on any school bus
13-27 must, for the first occurrence, be suspended or expelled from that school,
13-28 although he may be placed in another kind of school, for at least a period
13-29 equal to one semester for that school. For a second occurrence, the pupil
13-30 must:
13-31 (a) Be permanently expelled from that school; and
13-32 (b) Receive equivalent instruction authorized by the state board
13-33 pursuant to paragraph (a) of subsection 1 of NRS 392.070.
13-34 2. Except as otherwise provided in this section, any pupil who is found
13-35 in possession of a firearm while on the premises of any public school, at an
13-36 activity sponsored by a public school or on any school bus must, for the
13-37 first occurrence, be expelled from the school for a period of not less than 1
13-38 year, although he may be placed in another kind of school for a period not
13-39 to exceed the period of the expulsion. For a second occurrence, the pupil
13-40 must:
13-41 (a) Be permanently expelled from the school; and
13-42 (b) Receive equivalent instruction authorized by the state board
13-43 pursuant to paragraph (a) of subsection 1 of NRS 392.070.
13-44 The superintendent of schools of a school district may, in a particular case
13-45 in that school district, allow an exception to the expulsion requirement of
13-46 this subsection.
13-47 3. Except as otherwise provided in this section, if a pupil is deemed a
13-48 habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be
13-49 suspended or expelled from the school for a period equal to at least one
14-1 semester for that school. For the period of his suspension or expulsion, the
14-2 pupil must receive equivalent instruction authorized by the state board
14-3 pursuant to paragraph (a) of subsection 1 of NRS 392.070.
14-4 4. This section does not prohibit a pupil from having in his possession
14-5 a knife or firearm with the approval of the principal of the school. A
14-6 principal may grant such approval only in accordance with the policies or
14-7 regulations adopted by the board of trustees of the school district.
14-8 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been
14-9 found to have possessed a firearm in violation of subsection 2, may be
14-10 suspended from school or permanently expelled from school pursuant to
14-11 this section only after the board of trustees of the school district has
14-12 reviewed the circumstances and approved this action in accordance with
14-13 the procedural policy adopted by the board for such issues.
14-14 6. A pupil who is participating in a program of special education
14-15 pursuant to NRS 388.520, other than a pupil who is gifted and talented,
14-16 may, in accordance with the procedural policy adopted by the board of
14-17 trustees of the school district for such matters, be:
14-18 (a) Suspended from school pursuant to this section for not more than 10
14-19 days. Such a suspension may be imposed pursuant to this paragraph for
14-20 each occurrence of conduct proscribed by subsection 1.
14-21 (b) Suspended from school for more than 10 days or permanently
14-22 expelled from school pursuant to this section only after the board of
14-23 trustees of the school district has reviewed the circumstances and
14-24 determined that the action is in compliance with the Individuals with
14-25 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
14-26 7. As used in this section:
14-27 (a) “Battery” has the meaning ascribed to it in paragraph (a) of
14-28 subsection 1 of NRS 200.481.
14-29 (b) “Dangerous weapon” includes, without limitation, a blackjack, slung
14-30 shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku,
14-31 switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or
14-32 any other knife described in NRS 202.350, or any other object which is
14-33 used, or threatened to be used, in such a manner and under such
14-34 circumstances as to pose a threat of, or cause, bodily injury to a person.
14-35 (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun,
14-36 explosive substance or device, and any other item included within the
14-37 definition of a “firearm” in
18 U.S.C. § 921, as that section existed on
July 1, 1995.
14-38 Sec. 33. NRS 394.103 is hereby amended to read as follows:
14-39 394.103 “Private schools” means private elementary and secondary
14-40 educational institutions. The term does not include a home in which
14-41 instruction is provided to a child who is excused from compulsory
14-42 attendance pursuant to paragraph (a) of subsection 1 of NRS 392.070.
14-43 Sec. 34. NRS 394.130 is hereby amended to read as follows:
14-44 394.130 1. In order to secure uniform and standard work for pupils
14-45 in private schools in this state, instruction in the subjects required by law
14-46 for pupils in the public schools shall be required of pupils receiving
14-47 instruction in such private schools, either under the regular state courses of
14-48 study prescribed by the state board [of education] or under courses of study
15-1 prepared by such private schools and approved by the state board . [of
15-2 education.]
15-3 2. Such private schools shall be required to furnish from time to time
15-4 such reports as the superintendent of public instruction may find necessary
15-5 as to enrollment, attendance and general progress within such schools.
15-6 3. [Nothing in this section shall be so construed as:
15-7 (a) To interfere] This section is not intended to:
15-8 (a) Interfere with the right of the proper authorities having charge of
15-9 private schools to give religious instruction to the pupils enrolled therein.
15-10 (b) [To] Except as otherwise provided in section 16 of this act, give
15-11 such private schools any right to share in the money for the system of
15-12 public [school funds] education apportioned for the support of the system
15-13 of public [schools] education of this state.
15-14 Sec. 35. NRS 41.0305 is hereby amended to read as follows:
15-15 41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term
15-16 “political subdivision” includes an organization that was officially
15-17 designated as a community action agency pursuant to 42 U.S.C. § 2790
15-18 before that section was repealed and is included in the definition of an
15-19 “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada rural housing
15-20 authority, an airport authority created by special act of the legislature, a
15-21 regional transportation commission and a fire protection district, irrigation
15-22 district, school district, governing body of a charter school and other
15-23 special district that performs a governmental function, even though it does
15-24 not exercise general governmental powers. The term does not include a
15-25 voucher school that is operating pursuant to sections 2 to 16, inclusive,
15-26 of this act.
15-27 Sec. 36. NRS 241.015 is hereby amended to read as follows:
15-28 241.015 As used in this chapter, unless the context otherwise requires:
15-29 1. “Action” means:
15-30 (a) A decision made by a majority of the members present during a
15-31 meeting of a public body;
15-32 (b) A commitment or promise made by a majority of the members
15-33 present during a meeting of a public body; or
15-34 (c) A vote taken by a majority of the members present during a meeting
15-35 of a public body.
15-36 2. “Meeting” means the gathering of members of a public body at
15-37 which a quorum is present to deliberate toward a decision or to take action
15-38 on any matter over which the public body has supervision, control,
15-39 jurisdiction or advisory power.
15-40 3. Except as otherwise provided in this subsection, “public body”
15-41 means any administrative, advisory, executive or legislative body of the
15-42 state or a local government which expends or disburses or is supported in
15-43 whole or in part by tax revenue or which advises or makes
15-44 recommendations to any entity which expends or disburses or is supported
15-45 in whole or in part by tax revenue, including, but not limited to, any board,
15-46 commission, committee, subcommittee or other subsidiary thereof and
15-47 includes an educational foundation as defined in subsection 3 of NRS
15-48 388.750 and a university foundation as defined in subsection 3 of NRS
15-49 396.405. “Public body” does not include [the] :
16-1 (a) The legislature of the State of Nevada.
16-2 (b) A voucher school that is operating pursuant to sections 2 to 16,
16-3 inclusive, of this act.
16-4 4. “Quorum” means a simple majority of the constituent membership
16-5 of a public body or another proportion established by law.
16-6 Sec. 37. NRS 286.070 is hereby amended to read as follows:
16-7 286.070 1. “Public employer” means the state, one of its agencies or
16-8 one of its political subdivisions, the system, irrigation districts created
16-9 under the laws of the State of Nevada, a nonprofit corporation to which a
16-10 public hospital has been conveyed or leased pursuant to NRS 450.500, a
16-11 public or quasi-public organization or agency that is funded, at least in part,
16-12 by public money, including a regional transportation commission, a
16-13 governing body of a charter school and a council of governments created
16-14 pursuant to the laws of the State of Nevada. The term does not include a
16-15 voucher school that is operating pursuant to sections 2 to 16, inclusive,
16-16 of this act.
16-17 2. State agencies are those agencies subject to state control and
16-18 supervision, including those whose employees are governed by chapter 284
16-19 of NRS, unless specifically exempted therefrom, and those which deposit
16-20 money with the state treasurer.
16-21 Sec. 38. On or before January 31, 2002, the department of education
16-22 shall adopt the regulations required by section 8 of this act. The department
16-23 of education shall ensure that the regulations carry out a program of
16-24 voucher schools in accordance with sections 2 to 16, inclusive, of this act
16-25 commencing with the 2002-2003 school year.
16-26 Sec. 39. A private school certified by the department of education
16-27 pursuant to section 10 of this act may commence operation as a voucher
16-28 school beginning with the 2002-2003 school year.
16-29 Sec. 40. 1. This section and section 38 of this act become effective
16-30 on July 1, 2001.
16-31 2. Section 8 of this act becomes effective on July 1, 2001, for the
16-32 purpose of adopting regulations and on July 1, 2002, for all other purposes.
16-33 3. Sections 1 to 7, inclusive, 9 to 37, inclusive, and 39 of this act
16-34 become effective on July 1, 2002.
16-35 H