(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT S.B. 292
Senate Bill No. 292–Committee on Human
Resources and Facilities
(On Behalf of Nevada Association of School Boards)
March 7, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Revises provisions governing education. (BDR 34‑382)
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; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; making certain provisions related to collective bargaining applicable to charter schools and their employees; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the 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; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; making appropriations; 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 385.347 is hereby amended to read as follows:
1-2 385.347 1. The board of trustees of each school district in this state,
1-3 in cooperation with associations recognized by the state board as
1-4 representing licensed personnel in education in the district, shall adopt a
1-5 program providing for the accountability of the school district to the
1-6 residents of the district and to the state board for the quality of the schools
1-7 and the educational achievement of the pupils in the district, including,
1-8 without limitation, pupils enrolled in charter schools in the school district.
1-9 The board of trustees of a school district shall report the information
1-10 required by subsection 2 for each charter school within the school
1-11 district, regardless of the sponsor of the charter school.
2-1 2. The board of trustees of each school district shall, on or before
2-2 March 31 of each year, report to the residents of the district concerning:
2-3 (a) The educational goals and objectives of the school district.
2-4 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the
2-5 district and the district as a whole, including, without limitation, each
2-6 charter school in the district.
2-7 Unless otherwise directed by the department, the board of trustees of the
2-8 district shall base its report on the results of the examinations administered
2-9 pursuant to NRS 389.015 and shall compare the results of those
2-10 examinations for the current school year with those of previous school
2-11 years. The report must include, for each school in the district, including,
2-12 without limitation, each charter school in the district, and each grade in
2-13 which the examinations were administered:
2-14 (1) The number of pupils who took the examinations;
2-15 (2) An explanation of instances in which a school was exempt from
2-16 administering or a pupil was exempt from taking an examination; and
2-17 (3) A record of attendance for the period in which the examinations
2-18 were administered, including an explanation of any difference in the
2-19 number of pupils who took the examinations and the number of pupils who
2-20 are enrolled in the school.
2-21 In addition, the board shall also report the results of other examinations of
2-22 pupil achievement administered to pupils in the school district in grades
2-23 other than 4, 8, 10 and 11. The results of these examinations for the current
2-24 school year must be compared with those of previous school years.
2-25 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-26 level for each elementary school in the district and the district as a whole,
2-27 including, without limitation, each charter school in the district, the
2-28 average class size for each required course of study for each secondary
2-29 school in the district and the district as a whole, including, without
2-30 limitation, each charter school in the district, and other data concerning
2-31 licensed and unlicensed employees of the school district.
2-32 (d) The percentage of classes taught by teachers who have been
2-33 assigned to teach English, mathematics, science or social studies but do not
2-34 possess a license with an endorsement to teach in that subject area, for each
2-35 school in the district and the district as a whole, including, without
2-36 limitation, each charter school in the district.
2-37 (e) The total expenditure per pupil for each school in the district and the
2-38 district as a whole, including, without limitation, each charter school in the
2-39 district.
2-40 (f) The curriculum used by the school district, including:
2-41 (1) Any special programs for pupils at an individual school; and
2-42 (2) The curriculum used by each charter school in the district.
2-43 (g) Records of the attendance and truancy of pupils in all grades,
2-44 including, without limitation, the average daily attendance of pupils, for
2-45 each school in the district and the district as a whole, including, without
2-46 limitation, each charter school in the district.
2-47 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
2-48 inclusive, for each such grade, for each school in the district and for the
2-49 district as a whole, excluding pupils who:
3-1 (1) Provide proof to the school district of successful completion of
3-2 the examinations of general educational development.
3-3 (2) Are enrolled in courses that are approved by the department as
3-4 meeting the requirements for an adult standard diploma.
3-5 (3) Withdraw from school to attend another school.
3-6 (i) Records of attendance of teachers who provide instruction, for each
3-7 school in the district and the district as a whole, including, without
3-8 limitation, each charter school in the district.
3-9 (j) Efforts made by the school district and by each school in the district,
3-10 including, without limitation, each charter school in the district, to
3-11 increase:
3-12 (1) Communication with the parents of pupils in the district; and
3-13 (2) The participation of parents in the educational process and
3-14 activities relating to the school district and each school, including, without
3-15 limitation, the existence of parent organizations and school advisory
3-16 committees.
3-17 (k) Records of incidents involving weapons or violence for each school
3-18 in the district, including, without limitation, each charter school in the
3-19 district.
3-20 (l) Records of incidents involving the use or possession of alcoholic
3-21 beverages or controlled substances for each school in the district,
3-22 including, without limitation, each charter school in the district.
3-23 (m) Records of the suspension and expulsion of pupils required or
3-24 authorized pursuant to NRS 392.466 and 392.467.
3-25 (n) The number of pupils who are deemed habitual disciplinary
3-26 problems pursuant to NRS 392.4655, for each school in the district and the
3-27 district as a whole, including, without limitation, each charter school in the
3-28 district.
3-29 (o) The number of pupils in each grade who are retained in the same
3-30 grade pursuant to NRS 392.125, for each school in the district and the
3-31 district as a whole, including, without limitation, each charter school in the
3-32 district.
3-33 (p) The transiency rate of pupils for each school in the district and the
3-34 district as a whole, including, without limitation, each charter school in the
3-35 district. For the purposes of this paragraph, a pupil is not transient if he is
3-36 transferred to a different school within the school district as a result of a
3-37 change in the zone of attendance by the board of trustees of the school
3-38 district pursuant to NRS 388.040.
3-39 (q) Each source of funding for the school district.
3-40 (r) The amount and sources of money received for remedial education
3-41 for each school in the district and the district as a whole, including, without
3-42 limitation, each charter school in the district.
3-43 (s) For each high school in the district, including, without limitation,
3-44 each charter school in the district, the percentage of pupils who graduated
3-45 from that high school or charter school in the immediately preceding year
3-46 and enrolled in remedial courses in reading, writing or mathematics at a
3-47 university or community college within the University and Community
3-48 College System of Nevada.
4-1 (t) The technological facilities and equipment available at each school,
4-2 including, without limitation, each charter school, and the district’s plan to
4-3 incorporate educational technology at each school.
4-4 (u) For each school in the district and the district as a whole, including,
4-5 without limitation, each charter school in the district, the number and
4-6 percentage of pupils who graduate with:
4-7 (1) A standard high school diploma.
4-8 (2) An adjusted diploma.
4-9 (3) A certificate of attendance.
4-10 (v) For each school in the district and the district as a whole, including,
4-11 without limitation, each charter school in the district, the number and
4-12 percentage of pupils who did not receive a high school diploma because the
4-13 pupils failed to pass the high school proficiency examination.
4-14 (w) The number of habitual truants who are reported to a school police
4-15 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-16 2 of NRS 392.144 and the number of habitual truants who are referred to
4-17 an advisory board to review school attendance pursuant to paragraph (b) of
4-18 subsection 2 of NRS 392.144, for each school in the district and for the
4-19 district as a whole.
4-20 (x) Such other information as is directed by the superintendent of public
4-21 instruction.
4-22 3. The records of attendance maintained by a school for purposes of
4-23 paragraph (i) of subsection 2 must include the number of teachers who are
4-24 in attendance at school and the number of teachers who are absent from
4-25 school. A teacher shall be deemed in attendance if the teacher is excused
4-26 from being present in the classroom by the school in which he is employed
4-27 for one of the following reasons:
4-28 (a) Acquisition of knowledge or skills relating to the professional
4-29 development of the teacher; or
4-30 (b) Assignment of the teacher to perform duties for cocurricular or
4-31 extracurricular activities of pupils.
4-32 4. The superintendent of public instruction shall:
4-33 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-34 provide the forms to the respective school districts.
4-35 (b) Provide statistical information and technical assistance to the school
4-36 districts to ensure that the reports provide comparable information with
4-37 respect to each school in each district and among the districts.
4-38 (c) Consult with a representative of the:
4-39 (1) Nevada State Education Association;
4-40 (2) Nevada Association of School Boards;
4-41 (3) Nevada Association of School Administrators;
4-42 (4) Nevada Parent Teachers Association;
4-43 (5) Budget division of the department of administration; and
4-44 (6) Legislative counsel bureau,
4-45 concerning the program and consider any advice or recommendations
4-46 submitted by the representatives with respect to the program.
4-47 5. The superintendent of public instruction may consult with
4-48 representatives of parent groups other than the Nevada Parent Teachers
4-49 Association concerning the program and consider any advice or
5-1 recommendations submitted by the representatives with respect to the
5-2 program.
5-3 6. On or before April 15 of each year, the board of trustees of each
5-4 school district shall submit to each advisory board to review school
5-5 attendance created in the county pursuant to NRS 392.126 the information
5-6 required in paragraph (g) of subsection 2.
5-7 Sec. 2. NRS 385.363 is hereby amended to read as follows:
5-8 385.363 1. The department shall, on or before April 1 of each year:
5-9 [1.] (a) Evaluate the information submitted by each school district
5-10 pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
5-11 [2.] (b) Except as otherwise provided in subsection 3 and NRS
5-12 385.364, based upon its evaluation and in accordance with the criteria set
5-13 forth in NRS 385.365 and 385.367, designate each public school within
5-14 each school district as:
5-15 [(a)] (1) Demonstrating exemplary achievement;
5-16 [(b)] (2) Demonstrating high achievement;
5-17 [(c)] (3) Demonstrating adequate achievement; or
5-18 [(d)] (4) Demonstrating need for improvement.
5-19 [3.] 2. The department shall adopt regulations that set forth the
5-20 conditions under which the department will not designate a public school
5-21 pursuant to this section because the school:
5-22 (a) Has too few pupils enrolled in a grade level that is tested pursuant to
5-23 NRS 389.015;
5-24 (b) Serves only pupils with disabilities;
5-25 (c) Operates only as an alternative program for the education of pupils
5-26 at risk of dropping out of high school [;] , including, without limitation, a
5-27 program of distance education for pupils at risk of dropping out of high
5-28 school provided pursuant to sections 31 to 44, inclusive, of this act; or
5-29 (d) Is operated within a:
5-30 (1) Youth training center;
5-31 (2) Youth center;
5-32 (3) Juvenile forestry camp;
5-33 (4) Detention home;
5-34 (5) Youth camp;
5-35 (6) Juvenile correctional institution; or
5-36 (7) Correctional institution.
5-37 Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the
5-38 provisions set forth as sections 4 to 7, inclusive, of this act.
5-39 Sec. 4. In lieu of a high school diploma indicating that a pupil has
5-40 satisfied the requirements of a school district, a charter school may issue
5-41 a high school diploma which indicates that a pupil enrolled in the
5-42 charter school has satisfied the requirements of the applicable state
5-43 statutes and regulations for receipt of a high school diploma, including,
5-44 without limitation, passage of the high school proficiency examination. A
5-45 charter school that desires to issue such a diploma shall submit the form
5-46 for the diploma to the state board for approval. This section does not
5-47 preclude a charter school from imposing requirements in addition to
5-48 those required by state statutes and regulations for receipt of a high
5-49 school diploma.
6-1 Sec. 5. 1. The fund for charter schools is hereby created in the
6-2 state treasury as a revolving loan fund, to be administered by the
6-3 department.
6-4 2. The money in the revolving fund must be invested as other state
6-5 funds are invested. All interest and income earned on the money in the
6-6 revolving fund must be credited to the revolving fund. Any money
6-7 remaining in the revolving fund at the end of a fiscal year does not revert
6-8 to the state general fund, and the balance in the fund must be carried
6-9 forward.
6-10 3. All payments of principal and interest on all the loans made to a
6-11 charter school from the revolving fund must be deposited in the state
6-12 treasury for credit to the revolving fund.
6-13 4. Claims against the revolving fund must be paid as other claims
6-14 against the state are paid.
6-15 5. The department may accept gifts and grants from any source for
6-16 deposit in the revolving fund.
6-17 Sec. 6. 1. The department may use the money in the fund for
6-18 charter schools, including repayments of principal and interest on loans
6-19 made from the fund, and interest and income earned on money in the
6-20 fund, only to make loans at or below market rate to charter schools for
6-21 the costs incurred:
6-22 (a) In preparing a charter school to commence its first year of
6-23 operation; and
6-24 (b) To improve a charter school that has been in operation.
6-25 2. The total amount of a loan that may be made to a charter school
6-26 in 1 year must not exceed $25,000.
6-27 Sec. 7. 1. If the governing body of a charter school has a written
6-28 charter issued pursuant to NRS 386.527, the governing body may submit
6-29 an application to the department for a loan from the fund for charter
6-30 schools. An application must include a written description of the manner
6-31 in which the loan will be used to prepare the charter school for its first
6-32 year of operation or to improve a charter school that has been in
6-33 operation.
6-34 2. The department shall, within the limits of money available for use
6-35 in the fund, make loans to charter schools whose applications have been
6-36 approved. If the department makes a loan from the fund, the department
6-37 shall ensure that the contract for the loan includes all terms and
6-38 conditions for repayment of the loan.
6-39 3. The state board:
6-40 (a) Shall adopt regulations that prescribe the:
6-41 (1) Annual deadline for submission of an application to the
6-42 department by a charter school that desires to receive a loan from the
6-43 fund; and
6-44 (2) Period for repayment and the rate of interest for loans made
6-45 from the fund.
6-46 (b) May adopt other regulations as it deems necessary to carry out the
6-47 provisions of this section and sections 5 and 6 of this act.
7-1 Sec. 8. NRS 386.500 is hereby amended to read as follows:
7-2 386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and
7-3 sections 4 to 7, inclusive, of this act, a pupil is “at risk” if he has an
7-4 economic or academic disadvantage such that he requires special services
7-5 and assistance to enable him to succeed in educational programs. The term
7-6 includes, without limitation, pupils who are members of economically
7-7 disadvantaged families, pupils with limited proficiency in the English
7-8 language, pupils who are at risk of dropping out of high school and pupils
7-9 who do not meet minimum standards of academic proficiency. The term
7-10 does not include a pupil with a disability.
7-11 Sec. 9. NRS 386.515 is hereby amended to read as follows:
7-12 386.515 1. The board of trustees of a school district may apply to the
7-13 department for authorization to sponsor charter schools within the school
7-14 district. An application must be approved by the department before the
7-15 board of trustees may sponsor a charter school. Not more than 180 days
7-16 after receiving approval to sponsor charter schools, the board of trustees
7-17 shall provide public notice of its ability to sponsor charter schools and
7-18 solicit applications for charter schools.
7-19 2. The state board may sponsor a charter school.
7-20 Sec. 10. NRS 386.520 is hereby amended to read as follows:
7-21 386.520 1. A committee to form a charter school must consist of at
7-22 least three teachers, as defined in NRS 391.311, alone or in combination
7-23 with:
7-24 (a) Ten or more members of the general public;
7-25 (b) Representatives of an organization devoted to service to the general
7-26 public;
7-27 (c) Representatives of a private business; or
7-28 (d) Representatives of a college or university within the University and
7-29 Community College System of Nevada.
7-30 2. Before a committee to form a charter school may submit an
7-31 application to the board of trustees of a school district, the subcommittee
7-32 on charter schools or the state board, it must submit the application to the
7-33 department. The application must include all information prescribed by the
7-34 department by regulation and:
7-35 (a) A written description of how the charter school will carry out the
7-36 provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 7,
7-37 inclusive, of this act.
7-38 (b) A written description of the mission and goals for the charter school.
7-39 A charter school must have as its stated purpose at least one of the
7-40 following goals:
7-41 (1) Improving the opportunities for pupils to learn;
7-42 (2) Encouraging the use of effective methods of teaching;
7-43 (3) Providing an accurate measurement of the educational
7-44 achievement of pupils;
7-45 (4) Establishing accountability of public schools;
7-46 (5) Providing a method for public schools to measure achievement
7-47 based upon the performance of the schools; or
7-48 (6) Creating new professional opportunities for teachers.
7-49 (c) The projected enrollment of pupils in the charter school.
8-1 (d) The proposed dates of enrollment for the charter school.
8-2 (e) The proposed system of governance for the charter school,
8-3 including, without limitation, the number of persons who will govern, the
8-4 method of selecting the persons who will govern and the term of office for
8-5 each person.
8-6 (f) The method by which disputes will be resolved between the
8-7 governing body of the charter school and the sponsor of the charter school.
8-8 (g) The proposed curriculum for the charter school [.] and, if applicable
8-9 to the grade level of pupils who are enrolled in the charter school,
8-10 whether those pupils will satisfy the requirements of the school district in
8-11 which the charter school is located for receipt of a high school diploma
8-12 or the minimum requirements of this state.
8-13 (h) The textbooks that will be used at the charter school.
8-14 (i) The qualifications of the persons who will provide instruction at the
8-15 charter school.
8-16 (j) Except as otherwise required by NRS 386.595, the process by which
8-17 the governing body of the charter school will negotiate employment
8-18 contracts with the employees of the charter school.
8-19 (k) A financial plan for the operation of the charter school. The plan
8-20 must include, without limitation, procedures for the audit of the programs
8-21 and finances of the charter school and guidelines for determining the
8-22 financial liability if the charter school is unsuccessful.
8-23 (l) A statement of whether the charter school will provide for the
8-24 transportation of pupils to and from the charter school. If the charter school
8-25 will provide transportation, the application must include the proposed plan
8-26 for the transportation of pupils. If the charter school will not provide
8-27 transportation, the application must include a statement that the charter
8-28 school will work with the parents and guardians of pupils enrolled in the
8-29 charter school to develop a plan for transportation to ensure that pupils
8-30 have access to transportation to and from the charter school.
8-31 (m) The procedure for the evaluation of teachers of the charter school, if
8-32 different from the procedure prescribed in NRS 391.3125. If the procedure
8-33 is different from the procedure prescribed in NRS 391.3125, the procedure
8-34 for the evaluation of teachers of the charter school must provide the same
8-35 level of protection and otherwise comply with the standards for evaluation
8-36 set forth in NRS 391.3125.
8-37 (n) The time by which certain academic or educational results will be
8-38 achieved.
8-39 3. The department shall review an application to form a charter school
8-40 to determine whether it is complete. The department shall provide written
8-41 notice to the applicant of its approval or denial of the application. If the
8-42 department denies an application, the department shall include in the
8-43 written notice the reason for the denial and the deficiencies in the
8-44 application. The applicant must be granted 30 days after receipt of the
8-45 written notice to correct any deficiencies identified in the written notice
8-46 and resubmit the application.
8-47 Sec. 11. NRS 386.525 is hereby amended to read as follows:
8-48 386.525 1. Upon approval of an application by the department, a
8-49 committee to form a charter school may submit the application to the board
9-1 of trustees of the school district in which the proposed charter school will
9-2 be located. If applicable, a committee may submit an application directly
9-3 to the subcommittee on charter schools pursuant to subsection 5. If the
9-4 board of trustees of a school district receives an application to form a
9-5 charter school, it shall consider the application at [its next] a regularly
9-6 scheduled meeting [, but] that must be held not later than [14] 30 days
9-7 after the receipt of the application, and ensure that notice of the meeting
9-8 has been provided pursuant to chapter 241 of NRS. The board of trustees ,
9-9 the subcommittee on charter schools or the state board, as applicable,
9-10 shall review [the] an application to determine whether the application:
9-11 (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to
9-12 7, inclusive, of this act and the regulations applicable to charter schools;
9-13 and
9-14 (b) Is complete in accordance with the regulations of the department.
9-15 2. In addition to the considerations set forth in paragraphs (a) and
9-16 (b) of subsection 1, the board of trustees of a school district, the
9-17 subcommittee on charter schools and the state board may, in their review
9-18 of the application pursuant to paragraph (k) of subsection 2 of NRS
9-19 386.520, consider the financial viability of the proposed charter school.
9-20 3. The department shall assist the board of trustees of a school district
9-21 in the review of an application. The board of trustees [shall] may approve
9-22 an application if it satisfies the requirements of paragraphs (a) and (b) of
9-23 subsection 1. The board of trustees shall provide written notice to the
9-24 applicant of its approval or denial of the application.
9-25 [3.] 4. If the board of trustees denies an application, it shall include in
9-26 the written notice the reasons for the denial and the deficiencies in the
9-27 application. The applicant must be granted 30 days after receipt of the
9-28 written notice to correct any deficiencies identified in the written notice
9-29 and resubmit the application.
9-30 [4.] 5. If the board of trustees denies an application after it has been
9-31 resubmitted pursuant to subsection [3,] 4, the applicant may submit a
9-32 written request for sponsorship by the state board to thesubcommittee on
9-33 charter schools created pursuant to NRS 386.507 [,] not more than 30 days
9-34 after receipt of the written notice of denial . [, to direct the board of trustees
9-35 to reconsider the application. The subcommittee shall consider requests for
9-36 reconsideration in the order in which they are received.] If an applicant
9-37 proposes to form a charter school exclusively for the enrollment of pupils
9-38 with disabilities or gifted and talented pupils, or both, the applicant may
9-39 submit the written request and application directly to the subcommittee
9-40 without first seeking approval from the board of trustees of a school
9-41 district. Any request that is submitted pursuant to this subsection must be
9-42 accompanied by the application to form the charter school.
9-43 6. If the subcommittee receives [such a request,] a request pursuant to
9-44 subsection 5, it shall consider the request and the application at [its next] a
9-45 regularly scheduled meeting [and ensure that notice] that must be held not
9-46 later than 30 days after receipt of the application. Notice of the meeting
9-47 [is] must be posted in accordance with chapter 241 of NRS. [Not more than
9-48 30 days after the meeting, the subcommittee shall provide written notice of
9-49 its determination to the applicant and to the board of trustees. If the
10-1 subcommittee denies the request for reconsideration, the applicant may, not
10-2 more than 30 days after the receipt of the written notice from the
10-3 subcommittee, appeal the determination to the district court of the county
10-4 in which the proposed charter school will be located.
10-5 5. If the subcommittee on charter schools grants a request to direct
10-6 reconsideration, the written notice to the board of trustees of the school
10-7 district that denied the application must include, without limitation,
10-8 instructions to the board of trustees concerning the reconsideration of the
10-9 application. Not more than 30 days after receipt of the written notice from
10-10 the subcommittee directing the reconsideration, the board of trustees shall
10-11 reconsider the application in accordance with the instructions of the
10-12 subcommittee, make a final determination on the application and provide
10-13 written notice of the determination to the applicant. If, upon
10-14 reconsideration of the application, the board of trustees] The subcommittee
10-15 shall review the application in accordance with the factors set forth in
10-16 paragraphs (a) and (b) of subsection 1. The subcommittee may also
10-17 consider the factors set forth in subsection 2. If the proposed charter
10-18 school is designed exclusively for the enrollment of pupils with
10-19 disabilities, the subcommittee shall make a specific determination
10-20 whether the proposed operation of the charter school complies with the
10-21 requirements of the Individuals with Disabilities Education Act, 20
10-22 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive.
10-23 7. The subcommittee shall transmit the application and the
10-24 recommendation of the subcommittee for approval or denial of the
10-25 application to the state board. Not more 14 days after the date of the
10-26 meeting of the subcommittee pursuant to subsection 6, the state board
10-27 shall hold a meeting to consider the recommendation of the
10-28 subcommittee. Notice of the meeting must be posted in accordance with
10-29 chapter 241 of NRS. The state board shall review the application in
10-30 accordance with the factors set forth in paragraphs (a) and (b) of
10-31 subsection 1. The state board may also consider the factors set forth in
10-32 subsection 2. If the proposed charter school is designed exclusively for
10-33 the enrollment of pupils with disabilities, the state board shall make a
10-34 specific determination whether the proposed operation of the charter
10-35 school complies with the requirements of the Individuals with Disabilities
10-36 Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520,
10-37 inclusive. Not more than 30 days after the meeting, the state board shall
10-38 provide written notice of its determination to the applicant.
10-39 8. If the state board denies the application, the applicant may, not
10-40 more than 30 days after the receipt of the written notice from the [board of
10-41 trustees,] state board, appeal the final determination to the district court of
10-42 the county in which the proposed charter school will be located.
10-43 Sec. 12. NRS 386.527 is hereby amended to read as follows:
10-44 386.527 1. [Except as otherwise provided in subsection 3, if] If the
10-45 state board or the boardof trustees of a school district approves an
10-46 application to form a charter school, it shall grant a written charter to the
10-47 applicant. The state board or the board of trustees , as applicable, shall,
10-48 not later than 10 days after the approval of the application, provide written
10-49 notice to the department of the approval and the date of the approval. [The]
11-1 If the board of trustees [that] approves the application , the board of
11-2 trustees shall be deemed the sponsor of the charter school. [A] If the state
11-3 board approves the application:
11-4 (a) The state board shall be deemed the sponsor of the charter school.
11-5 (b) Neither the State of Nevada, the state board nor the department is
11-6 an employer of the members of the governing body of the charter school
11-7 or any of the employees of the charter school.
11-8 2. Except as otherwise provided in subsection 4, a written charter
11-9 must be for a term of 6 years unless the governing body of a charter school
11-10 renews its initial charter after 3 years of operation pursuant to subsection 2
11-11 of NRS 386.530. A written charter must include all conditions of operation
11-12 set forth in paragraphs (a) to (n), inclusive, of subsection 2 of NRS
11-13 386.520. As a condition of the issuance of a written charter pursuant to this
11-14 subsection, the charter school must agree to comply with all conditions of
11-15 operation set forth in NRS 386.550.
11-16 [2.] 3. The governing body of a charter school may submit to the
11-17 sponsor of the charter school a written request for an amendment of the
11-18 written charter of the charter school. Such an amendment may include,
11-19 without limitation, the provision of instruction and other educational
11-20 services to pupils who are enrolled in grade levels other than the grade
11-21 levels that were specified in its application if the charter school specified
11-22 grade levels in its application, regardless of whether the addition of such
11-23 grade levels expands the scope of the school. If the proposed amendment
11-24 complies with the provisions of this section, NRS 386.500 to 386.610,
11-25 inclusive, and sections 4 to 7, inclusive, of this act, and any other statute
11-26 or regulation applicable to charter schools, the sponsor shall amend the
11-27 written charter in accordance with the proposed amendment.
11-28 [3. If the board of trustees of a school district is considering an
11-29 application to form a charter school and determines that the applicant is not
11-30 yet eligible for the issuance of a charter pursuant to subsection 1, it may, if
11-31 applicable, hold the application in abeyance and grant a conditional charter
11-32 to the applicant if the applicant:
11-33 (a) Has not obtained a building, equipment or personnel for the charter
11-34 school; and
11-35 (b) Submits proof satisfactory to the entity which is considering the
11-36 application that acceptance of the application is necessary to obtain the
11-37 building, equipment or personnel for the charter school.
11-38 The board of trustees of a school district that grants a conditional charter
11-39 pursuant to this subsection shall provide written notice to the state board of
11-40 its action.
11-41 4. A conditional charter expires 1 year after its issuance and is
11-42 nonrenewable. The holder of aconditional charter shall not operate a
11-43 charter school and is not eligible to receive any public school money for
11-44 the operation of a charter school. Before the expiration of a conditional
11-45 charter, the holder of the conditional charter may submit a supplemental
11-46 application and request the board of trustees that granted the conditional
11-47 charter to determine whether the holder is eligible for the issuance of a
11-48 charter pursuant to subsection 1. The board of trustees shall consider such a
11-49 request as soon as is practicable.]
12-1 4. The state board shall adopt objective criteria for the issuance of a
12-2 written charter to an applicant that is not prepared to commence
12-3 operation on the date of issuance of the written charter. The criteria must
12-4 include, without limitation, the:
12-5 (a) Period for which such a written charter is valid; and
12-6 (b) Timelines by which the applicant must satisfy certain requirements
12-7 demonstrating its progress in preparing to commence operation.
12-8 5. The holder of a written charter that is issued pursuant to
12-9 subsection 4 shall not commence operation of the charter school and is
12-10 not eligible to receive apportionments pursuant to NRS 387.124 until the
12-11 sponsor has determined that the objective criteria prescribed by the state
12-12 board are satisfied. This subsection does not preclude a holder of such a
12-13 written charter from applying for grants of money to prepare the charter
12-14 school for operation.
12-15 Sec. 13. NRS 386.540 is hereby amended to read as follows:
12-16 386.540 1. The department shall adopt regulations that prescribe:
12-17 (a) The process for submission of an application by the board of trustees
12-18 of a school district to the department for authorization to sponsor charter
12-19 schools and the contents of the application;
12-20 (b) The process for submission of an application to form a charter
12-21 school to the department [and to] , the board of trustees of a school district
12-22 [,] and the subcommittee on charter schools, and the contents of the
12-23 application;
12-24 (c) The process for submission of an application to renew a written
12-25 charter; and
12-26 (d) The criteria and type of investigation that must be applied by the
12-27 board of trustees , the subcommittee on charter schools and the state
12-28 board in determining whether to approve an application to form a charter
12-29 school or an application to renew a written charter.
12-30 2. The department may adopt regulations as it determines are
12-31 necessary to carry out the provisions of NRS 386.500 to 386.610,
12-32 inclusive, and sections 4 to 7, inclusive, of this act, including, without
12-33 limitation, regulations that prescribe the procedures for accounting,
12-34 budgeting and annual audits of charter schools.
12-35 Sec. 14. NRS 386.549 is hereby amended to read as follows:
12-36 386.549 1. The governing body of a charter school shall consist of at
12-37 least three teachers, as defined in NRS 391.311, and may consist of,
12-38 without limitation, parents and representatives of nonprofit organizations
12-39 and businesses. A majority of the members of the governing body must
12-40 reside in this state. If the membership of the governing body changes, the
12-41 governing body shall provide written notice to the sponsor of the charter
12-42 school within 10 working days after such change.
12-43 2. Each person who desires to serve on the governing body of a
12-44 charter school shall submit to the superintendent of public instruction a
12-45 complete set of his fingerprints and written permission authorizing the
12-46 superintendent to forward the fingerprints to the Federal Bureau of
12-47 Investigation and to the central repository for Nevada records of criminal
12-48 history for their reports on the criminal history of the proposed member.
12-49 A person may serve on the governing body only if the reports on the
13-1 criminal history from the Federal Bureau of Investigation and the
13-2 central repository for Nevada records of criminal history:
13-3 (a) Do not indicate that the person has been convicted of a felony or
13-4 any offense involving moral turpitude; or
13-5 (b) Indicate that the person has been convicted of a felony or an
13-6 offense involving moral turpitude, but the superintendent of public
13-7 instruction determines that the conviction is unrelated to the duties of a
13-8 member of the governing body.
13-9 3. The governing body of a charter school is a public body. It is hereby
13-10 given such reasonable and necessary powers, not conflicting with the
13-11 constitution and the laws of the State of Nevada, as may be requisite to
13-12 attain the ends for which the charter school is established and to promote
13-13 the welfare of pupils who are enrolled in the charter school.
13-14 4. The governing body of a charter school shall, during each
13-15 calendar quarter, hold at least one regularly scheduled public meeting in
13-16 the county in which the charter school is located.
13-17 Sec. 15. NRS 386.550 is hereby amended to read as follows:
13-18 386.550 A charter school shall:
13-19 1. Comply with all laws and regulations relating to discrimination and
13-20 civil rights.
13-21 2. Remain nonsectarian, including, without limitation, in its
13-22 educational programs, policies for admission and employment practices.
13-23 3. Refrain from charging tuition or fees, levying taxes or issuing
13-24 bonds.
13-25 4. Comply with any plan for desegregation ordered by a court that is in
13-26 effect in the school district in which the charter school is located.
13-27 5. Comply with the provisions of chapter 241 of NRS.
13-28 6. Except as otherwise provided in this subsection, schedule and
13-29 provide annually at least as many days of instruction as are required of
13-30 other public schools located in the same school district as the charter
13-31 school is located. The governing body of a charter school may submit a
13-32 written request to the superintendent of public instruction for a waiver from
13-33 providing the days of instruction required by this subsection. The
13-34 superintendent of public instruction may grant such a request if the
13-35 governing body demonstrates to the satisfaction of the superintendent that:
13-36 (a) Extenuating circumstances exist to justify the waiver; and
13-37 (b) The charter school will provide at least as many hours or minutes of
13-38 instruction as would be provided under a program consisting of 180 days.
13-39 7. Cooperate with the board of trustees of the school district in the
13-40 administration of the achievement and proficiency examinations
13-41 administered pursuant to NRS 389.015 and the examinations required
13-42 pursuant to NRS 389.550 to the pupils who are enrolled in the charter
13-43 school.
13-44 8. Comply with applicable statutes and regulations governing the
13-45 achievement and proficiency of pupils in this state.
13-46 9. Provide instruction in the core academic subjects set forth in
13-47 subsection 1 of NRS 389.018, as applicable for the grade levels of pupils
13-48 who are enrolled in the charter school, and provide at least the courses of
13-49 [instruction] study that are required of pupils by statute or regulation for
14-1 promotion to the next grade or graduation from a public high school and
14-2 require the pupils who are enrolled in the charter school to take those
14-3 courses of study. This subsection does not preclude a charter school from
14-4 offering, or requiring the pupils who are enrolled in the charter school to
14-5 take, other courses of study that are required by statute or regulation.
14-6 10. Except as otherwise provided in section 4 of this act, if applicable
14-7 to the grade levels of pupils who are enrolled in the charter school,
14-8 require the pupils to complete the requirements for graduation from a
14-9 public high school and receipt of a high school diploma that are required
14-10 of the other pupils who are enrolled in the public high schools of the
14-11 school district in which the charter school is located.
14-12 11. If the parent or legal guardian of a child submits an application
14-13 to enroll in kindergarten, first grade or second grade at the charter
14-14 school, comply with NRS 392.040 regarding the ages for enrollment in
14-15 those grades.
14-16 12. Refrain from using public money to purchase real property or
14-17 buildings without the approval of the sponsor.
14-18 [11.] 13. Hold harmless, indemnify and defend the sponsor of the
14-19 charter school against any claim or liability arising from an act or omission
14-20 by the governing body of the charter school or an employee or officer of
14-21 the charter school. An action at law may not be maintained against the
14-22 sponsor of a charter school for any cause of action for which the charter
14-23 school has obtained liability insurance.
14-24 [12.] 14. Provide written notice to the parents or legal guardians of
14-25 pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of
14-26 whether the charter school is accredited by the Commission on Schools of
14-27 the Northwest Association of Schools and Colleges.
14-28 [13.] 15. Adopt a final budget in accordance with the regulations
14-29 adopted by the department. A charter school is not required to adopt a final
14-30 budget pursuant to NRS 354.598 or otherwise comply with the provisions
14-31 of chapter 354 of NRS.
14-32 16. If the charter school provides a program of distance education
14-33 pursuant to sections 31 to 44, inclusive, of this act, comply with all
14-34 statutes and regulations that are applicable to a program of distance
14-35 education for purposes of the operation of the program, regardless of
14-36 whether those statutes and regulations impose additional requirements
14-37 upon the charter school.
14-38 Sec. 16. NRS 386.560 is hereby amended to read as follows:
14-39 386.560 1. The governing body of a charter school may contract with
14-40 the board of trustees of the school district in which the charter school is
14-41 located or the University and Community College System of Nevada for
14-42 the provision of facilities to operate the charter school or to perform any
14-43 service relating to the operation of the charter school, including, without
14-44 limitation, transportation and the provision of health services for the pupils
14-45 who are enrolled in the charter school.
14-46 2. A charter school may use any public facility located within the
14-47 school district in which the charter school is located. A charter school may
14-48 use school buildings owned by the school district only upon approval of the
15-1 board of trustees of the school district and during times that are not regular
15-2 school hours.
15-3 3. The board of trustees of a school district may donate surplus
15-4 personal property of the school district to a charter school that is located
15-5 within the school district.
15-6 4. [Upon] Except as otherwise provided in this subsection, upon the
15-7 request of a parent or legal guardian of a pupil who is enrolled in a charter
15-8 school, the board of trustees of the school district in which the charter
15-9 school is located shall authorize the pupil to participate in a class that is not
15-10 available to the pupil at the charter school or participate in an
15-11 extracurricular activity, excluding sports, at a public school within the
15-12 school district if:
15-13 (a) Space for the pupil in the class or extracurricular activity is
15-14 available; and
15-15 (b) The parent or legal guardian demonstrates to the satisfaction of the
15-16 board of trustees that the pupil is qualified to participate in the class or
15-17 extracurricular activity.
15-18 If the board of trustees of a school district authorizes a pupil to participate
15-19 in a class or extracurricular activity, excluding sports, pursuant to this
15-20 subsection, the board of trustees is not required to provide transportation
15-21 for the pupil to attend the class or activity. The provisions of this
15-22 subsection do not apply to a pupil who is enrolled in a charter school and
15-23 who desires to participate on a part-time basis in a program of distance
15-24 education provided by the board of trustees of a school district pursuant
15-25 to sections 31 to 44, inclusive, of this act.
15-26 5. Upon the request of a parent or legal guardian of a pupil who is
15-27 enrolled in a charter school, the board of trustees of the school district in
15-28 which the charter school is located shall authorize the pupil to participate in
15-29 sports at the public school that he would otherwise be required to attend
15-30 within the school district, or upon approval of the board of trustees, any
15-31 public school within the same zone of attendance as the charter school if:
15-32 (a) Space is available for the pupil to participate; and
15-33 (b) The parent or legal guardian demonstrates to the satisfaction of the
15-34 board of trustees that the pupil is qualified to participate.
15-35 If the board of trustees of a school district authorizes a pupil to participate
15-36 in sports pursuant to this subsection, the board of trustees is not required to
15-37 provide transportation for the pupil to participate.
15-38 6. The board of trustees of a school district may revoke its approval for
15-39 a pupil to participate in a class, extracurricular activity or sports at a public
15-40 school pursuant to subsections 4 and 5 if the board of trustees or the public
15-41 school determines that the pupil has failed to comply with applicable
15-42 statutes, or applicable rules and regulations of the board of trustees, the
15-43 public school or an association for interscholastic activities. If the board of
15-44 trustees so revokes its approval, neither the board of trustees nor the public
15-45 school are liable for any damages relating to the denial of services to the
15-46 pupil.
15-47 Sec. 17. NRS 386.570 is hereby amended to read as follows:
15-48 386.570 1. Each pupil who is enrolled in a charter school, including,
15-49 without limitation, a pupil who is enrolled in a program of special
16-1 education in a charter school, must be included in the count of pupils in the
16-2 school district for the purposes of apportionments and allowances from the
16-3 state distributive school account pursuant to NRS 387.121 to 387.126,
16-4 inclusive, unless the pupil is exempt from compulsory attendance pursuant
16-5 to NRS 392.070. A charter school is entitled to receive its proportionate
16-6 share of any other money available from federal, state or local sources that
16-7 the school or the pupils who are enrolled in the school are eligible to
16-8 receive. All money received by the charter school from this state or the
16-9 board of trustees of a school district must be deposited in a bank, credit
16-10 union or other financial institution in this state.
16-11 2. The governing body of a charter school may negotiate with the
16-12 board of trustees of the school district and the state board for additional
16-13 money to pay for services which the governing body wishes to offer.
16-14 3. The sponsor of a charter school may request reimbursement from
16-15 the governing body of the charter school for the administrative costs
16-16 associated with sponsorship for 1 school year. Upon receipt of such a
16-17 request, the governing body shall pay the reimbursement to the board of
16-18 trustees of the school, if the board of trustees sponsors the charter
16-19 school, or to the department if the state board sponsors the charter
16-20 school. If a governing body fails to pay the reimbursement, the charter
16-21 school shall be deemed to have violated its written charter and the
16-22 sponsor may take such action to revoke the written charter pursuant to
16-23 NRS 386.535 as it deems necessary. The amount of reimbursement that a
16-24 charter school may be required to pay pursuant to this subsection must
16-25 not exceed:
16-26 (a) For the first year of operation of the charter school, 2 percent of
16-27 the total amount of money apportioned to the charter school during the
16-28 year pursuant to NRS 387.124.
16-29 (b) For any year after the first year of operation of the charter school,
16-30 1 percent of the total amount of money apportioned to the charter school
16-31 during the year pursuant to NRS 387.124.
16-32 4. To determine the amount of money for distribution to a charter
16-33 school in its first year of operation, the count of pupils who are enrolled in
16-34 the charter school must initially be determined 30 days before the
16-35 beginning of the school year of the school district, based on the number of
16-36 pupils whose applications for enrollment have been approved by the
16-37 charter school. The count of pupils who are enrolled in the charter school
16-38 must be revised on the last day of the first school month of the school
16-39 district in which the charter school is located for the school year, based on
16-40 the actual number of pupils who are enrolled in the charter school.
16-41 Pursuant to subsection [2] 6 of NRS 387.124, the governing body of a
16-42 charter school may request that the apportionments made to the charter
16-43 school in its first year of operation be paid to the charter school 30 days
16-44 before the apportionments are otherwise required to be made.
16-45 [4.] 5. If a charter school ceases to operate as a charter school
16-46 during a school year, the remaining apportionments that would have
16-47 been made to the charter school pursuant to NRS 387.124 for that year
16-48 must be paid on a proportionate basis to the school districts where the
16-49 pupils who were enrolled in the charter school reside.
17-1 6. The governing body of a charter school may solicit and accept
17-2 donations, money, grants, property, loans, personal services or other
17-3 assistance for purposes relating to education from members of the general
17-4 public, corporations or agencies. The governing body may comply with
17-5 applicable federal laws and regulations governing the provision of federal
17-6 grants for charter schools. The state board may assist a charter school that
17-7 operates exclusively for the enrollment of pupils with disabilities or gifted
17-8 and talented pupils, or both, in identifying sources of money that may be
17-9 available from the Federal Government or this state for the provision of
17-10 educational programs and services to such pupils.
17-11 [5.] 7. If a charter school uses money received from this state to
17-12 purchase real property, buildings, equipment or facilities, the governing
17-13 body of the charter school shall assign a security interest in the property,
17-14 buildings, equipment and facilities to the State of Nevada.
17-15 Sec. 18. NRS 386.580 is hereby amended to read as follows:
17-16 386.580 1. An application for enrollment in a charter school may be
17-17 submitted to the governing body of the charter school by the parent or legal
17-18 guardian of any child who resides in this state. Except as otherwise
17-19 provided in this subsection, a charter school shall enroll pupils who are
17-20 eligible for enrollment in the order in which the applications are received.
17-21 If the board of trustees of the school district in which the charter school is
17-22 located has established zones of attendance pursuant to NRS 388.040, the
17-23 charter school shall, if practicable, ensure that the racial composition of
17-24 pupils enrolled in the charter school does not differ by more than 10
17-25 percent from the racial composition of pupils who attend public schools in
17-26 the zone in which the charter school is located. If more pupils who are
17-27 eligible for enrollment apply for enrollment in the charter school than the
17-28 number of spaces which are available, the charter school shall determine
17-29 which applicants to enroll on the basis of a lottery system.
17-30 2. Except as otherwise provided in subsection [4,] 6, a charter school
17-31 shall not accept applications for enrollment in the charter school or
17-32 otherwise discriminate based on the:
17-33 (a) Race;
17-34 (b) Gender;
17-35 (c) Religion;
17-36 (d) Ethnicity; or
17-37 (e) Disability,
17-38 of a pupil.
17-39 3. If the governing body of a charter school determines that the charter
17-40 school is unable to provide an appropriate special education program and
17-41 related services for a particular disability of a pupil who is enrolled in the
17-42 charter school, the governing body may request that the board of trustees of
17-43 the school district of the county in which the pupil resides transfer that
17-44 pupil to an appropriate school.
17-45 4. Except as otherwise provided in this subsection, upon the request
17-46 of a parent or legal guardian of a child who is enrolled in a public school
17-47 of a school district or a private school, or who receives instruction at
17-48 home, the governing body of the charter school shall authorize the child
17-49 to participate in a class that is not otherwise available to the child at his
18-1 school or home school or participate in an extracurricular activity at the
18-2 charter school if:
18-3 (a) Space for the child in the class or extracurricular activity is
18-4 available; and
18-5 (b) The parent or legal guardian demonstrates to the satisfaction of
18-6 the governing body that the child is qualified to participate in the class or
18-7 extracurricular activity.
18-8 If the governing body of a charter school authorizes a child to participate
18-9 in a class or extracurricular activity pursuant to this subsection, the
18-10 governing body is not required to provide transportation for the child to
18-11 attend the class or activity. The provisions of this subsection do not apply
18-12 to a child who desires to participate on a part-time basis in a program of
18-13 distance education provided by the governing body of a charter school
18-14 pursuant to sections 31 to 44, inclusive, of this act.
18-15 5. The governing body of a charter school may revoke its approval
18-16 for a child to participate in a class or extracurricular activity at a charter
18-17 school pursuant to subsection 4 if the governing body determines that the
18-18 child has failed to comply with applicable statutes, or applicable rules
18-19 and regulations. If the governing body so revokes its approval, neither
18-20 the governing body nor the charter school is liable for any damages
18-21 relating to the denial of services to the child.
18-22 6. This section does not preclude the formation of a charter school that
18-23 is dedicated to provide educational services exclusively to pupils:
18-24 (a) With disabilities;
18-25 (b) Who pose such severe disciplinary problems that they warrant an
18-26 educational program specifically designed to serve a single gender and
18-27 emphasize personal responsibility and rehabilitation; or
18-28 (c) Who are at risk.
18-29 If more eligible pupils apply for enrollment in such a charter school than
18-30 the number of spaces which are available, the charter school shall
18-31 determine which applicants to enroll on the basis of a lottery system.
18-32 Sec. 19. NRS 386.590 is hereby amended to read as follows:
18-33 386.590 1. Except as otherwise provided in this subsection, at least
18-34 70 percent of the teachers who provide instruction at a charter school must
18-35 be licensed teachers. If a charter school is a vocational school, the charter
18-36 school shall, to the extent practicable, ensure that at least 70 percent of the
18-37 teachers who provide instruction at the school are licensed teachers, but in
18-38 no event may more than 50 percent of the teachers who provide instruction
18-39 at the school be unlicensed teachers.
18-40 2. A governing body of a charter school shall employ:
18-41 (a) If the charter school offers instruction in kindergarten or grade 1, 2,
18-42 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those
18-43 grades.
18-44 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or
18-45 12, a licensed teacher to teach pupils who are enrolled in those grades for
18-46 the following courses of study:
18-47 (1) English, including reading, composition and writing;
18-48 (2) Mathematics;
18-49 (3) Science; and
19-1 (4) Social studies, which includes only the subjects of history,
19-2 geography, economics and government.
19-3 A licensed teacher may be employed pursuant to this paragraph to teach
19-4 a course of study, regardless of whether he holds an endorsement in a
19-5 subject area related to that course of study only if the charter school
19-6 complies with paragraph (c).
19-7 (c) In addition to the requirements of paragraphs (a) and (b)[:] , for
19-8 each course of study identified in paragraph (b), at least one licensed
19-9 teacher who holds an endorsement in a subject area related to that
19-10 course of study. A teacher employed pursuant to this paragraph may
19-11 provide instruction in the course of study for which he holds an
19-12 endorsement or may supervise the instruction in that course of study
19-13 provided by other licensed teachers who do not hold such an
19-14 endorsement, or both.
19-15 (d) In addition to the requirements of paragraphs (a), (b) and (c):
19-16 (1) If a charter school specializes in arts and humanities, physical
19-17 education or health education, a licensed teacher to teach those courses of
19-18 study.
19-19 (2) If a charter school specializes in the construction industry or other
19-20 building industry, licensed teachers to teach courses of study relating to the
19-21 industry if those teachers are employed full time.
19-22 (3) If a charter school specializes in the construction industry or other
19-23 building industry and the school offers courses of study in computer
19-24 education, technology or business, licensed teachers to teach those courses
19-25 of study if those teachers are employed full time.
19-26 3. [A] Except as otherwise provided in subsection 4, a charter school
19-27 may employ a person who is not licensed pursuant to the provisions of
19-28 chapter 391 of NRS to teach a course of study for which a licensed teacher
19-29 is not required pursuant to subsection 2 if the person has:
19-30 (a) A degree, a license or a certificate in the field for which he is
19-31 employed to teach at the charter school; and
19-32 (b) At least 2 years of experience in that field.
19-33 4. A charter school may enter into contracts to provide instruction at
19-34 the charter school with teachers, professors and instructors who are
19-35 currently employed at a university or community college within the
19-36 University and Community College System of Nevada or any other
19-37 accredited college or university that was originally established in, and
19-38 organized under, the laws of this state. A person who enters into a
19-39 contract pursuant to this subsection must provide instruction at the
19-40 charter school in the subject area for which he is currently employed at
19-41 the university or college.
19-42 5. A charter school may employ such administrators for the school as
19-43 it deems necessary. A person employed as an administrator must possess:
19-44 (a) A master’s degree in school administration, public administration or
19-45 business administration; or
19-46 (b) If the person has at least 5 years of experience in administration, a
19-47 baccalaureate degree.
20-1 [5.] 6. A charter school shall not employ a person pursuant to this
20-2 section if his license to teach or provide other educational services has been
20-3 revoked or suspended in this state or another state.
20-4 Sec. 20. NRS 386.595 is hereby amended to read as follows:
20-5 386.595 1. Except as otherwise provided in this subsection and
20-6 subsections 2 , 3 and [3,] 4, the provisions of the collective bargaining
20-7 agreement entered into by the board of trustees of the school district in
20-8 which the charter school is located apply to the terms and conditions of
20-9 employment of employees of the charter school [. If a written charter is
20-10 renewed, the employees of the charter school may, at the time of renewal,
20-11 apply for recognition as a bargaining unit pursuant to NRS 288.160.] ,
20-12 regardless of the sponsor of the charter school. An employee of a charter
20-13 school is not a member of the same bargaining unit as an employee of
20-14 the school district and is not entitled to representation by the employee
20-15 organization that is a party to the collective bargaining agreement of the
20-16 school district. However, during the time that the collective bargaining
20-17 agreement of the school district remains applicable to the employees of
20-18 the charter school, the employee organization that is a party to the
20-19 agreement may, but is not required to, represent an employee of the
20-20 charter school in a grievance proceeding or other dispute arising out of
20-21 the agreement.
20-22 2. A charter school is exempt from the specific provisions of the
20-23 collective bargaining agreement of the school district that controls the:
20-24 (a) Periods of preparation time for teachers, provided that the charter
20-25 school allows at least the same amount of time for preparation as the
20-26 school district;
20-27 (b) Times of day that a teacher may work;
20-28 (c) Number of hours that a teacher may work in 1 day;
20-29 (d) Number of hours and days that a teacher may work in 1 week; and
20-30 (e) Number of hours and days that a teacher may work in 1
20-31 year.
20-32 If a teacher works more than the number of hours or days prescribed in the
20-33 collective bargaining agreement, the teacher must be compensated for the
20-34 additional hours or days in an amount calculated by prorating the salary for
20-35 the teacher that is set forth in the collective bargaining agreement.
20-36 3. A teacher or a governing body of a charter school may request that
20-37 the [board of trustees of the school district and other persons] parties who
20-38 entered into the collective bargaining agreement of the school district grant
20-39 a waiver from specific provisions of the [collective bargaining] agreement
20-40 for the teacher or governing body.
20-41 4. The collective bargaining agreement of a school district in which a
20-42 charter school is located ceases to apply to the employees in any
20-43 bargaining unit recognized by the governing body of the charter school
20-44 pursuant to chapter 288 of NRS if, pursuant to that chapter, an employee
20-45 organization is recognized as the exclusive bargaining agent for those
20-46 employees and a new collective bargaining agreement is entered into
20-47 between the governing body and the employee organization. The
20-48 employee organization that is a party to the collective bargaining
20-49 agreement of the school district may seek recognition on the same basis
21-1 as any other employee organization. This subsection does not preclude
21-2 the employees of a charter school from negotiating individual contracts
21-3 of employment.
21-4 5. All employees of a charter school shall be deemed public
21-5 employees.
21-6 [5.] 6. The governing body of a charter school may make all
21-7 employment decisions with regard to its employees pursuant to NRS
21-8 391.311 to 391.3197, inclusive, unless the applicable collective bargaining
21-9 agreement contains separate provisions relating to the discipline of licensed
21-10 employees of a school.
21-11 [6.] 7. If the written charter of a charter school is revoked, the
21-12 employees of the charter school must be reassigned to employment within
21-13 the school district in accordance with the applicable collective bargaining
21-14 agreement.
21-15 [7.] A school district is not required to reassign an employee of a
21-16 charter school pursuant to this subsection if the employee:
21-17 (a) Was not granted a leave of absence by the school district to teach
21-18 at the charter school pursuant to subsection 8; or
21-19 (b) Was granted a leave of absence by the school district and did not
21-20 submit a written request to return to employment with the school district
21-21 in accordance with subsection 8.
21-22 8. The board of trustees of a school district [that is a sponsor of a] in
21-23 which a charter school is located shall grant a leave of absence, not to
21-24 exceed 6 years, to any employee who is employed by the board of trustees
21-25 who requests such a leave of absence to accept employment with the
21-26 charter school. After the first school year in which an employee is on a
21-27 leave of absence, he may return to his former teaching position with the
21-28 board of trustees. After the third school year, an employee who is on a
21-29 leave of absence may submit a written request to the board of trustees to
21-30 return to a comparable teaching position with the board of trustees. After
21-31 the sixth school year, an employee shall either submit a written request to
21-32 return to a comparable teaching position or resign from the position for
21-33 which his leave was granted. The board of trustees shall grant a written
21-34 request to return to a comparable position pursuant to this subsection even
21-35 if the return of the employee requires the board of trustees to reduce the
21-36 existing work force of the school district. The board of trustees may require
21-37 that a request to return to a teaching position submitted pursuant to this
21-38 subsection be submitted at least 90 days before the employee would
21-39 otherwise be required to report to duty.
21-40 [8.] 9. An employee who is on a leave of absence from a school
21-41 district pursuant to this section shall contribute to and be eligible for all
21-42 benefits for which he would otherwise be entitled, including, without
21-43 limitation, participation in the public employees’ retirement system and
21-44 accrual of time for the purposes of leave and retirement. The time during
21-45 which such an employee is on leave of absence and employed in a charter
21-46 school does not count toward the acquisition of permanent status with the
21-47 school district.
21-48 [9.] 10. Upon the return of a teacher to employment in the school
21-49 district, he is entitled to the same level of retirement, salary and any other
22-1 benefits to which he would otherwise be entitled if he had not taken a leave
22-2 of absence to teach in a charter school.
22-3 [10.] 11. An employee of a charter school who is not on a leave of
22-4 absence from a school district is eligible for all benefits for which he would
22-5 be eligible for employment in a public school, including, without
22-6 limitation, participation in the public employees’ retirement system.
22-7 [11.] 12. For all employees of a charter school:
22-8 (a) The compensation that a teacher or other school employee would
22-9 have received if he were employed by the school district must be used to
22-10 determine the appropriate levels of contribution required of the employee
22-11 and employer for purposes of the public employees’ retirement system.
22-12 (b) The compensation that is paid to a teacher or other school employee
22-13 that exceeds the compensation that he would have received if he were
22-14 employed by the school district must not be included for the purposes of
22-15 calculating future retirement benefits of the employee.
22-16 [12.] 13. If the board of trustees of a school district in which a charter
22-17 school is located manages a plan of group insurance for its employees, the
22-18 governing body of the charter school may negotiate with the board of
22-19 trustees to participate in the same plan of group insurance that the board of
22-20 trustees offers to its employees. If the employees of the charter school
22-21 participate in the plan of group insurance managed by the board of trustees,
22-22 the governing body of the charter school shall:
22-23 (a) Ensure that the premiums for that insurance are paid to the board of
22-24 trustees; and
22-25 (b) Provide, upon the request of the board of trustees, all information
22-26 that is necessary for the board of trustees to provide the group insurance to
22-27 the employees of the charter school.
22-28 Sec. 21. NRS 386.605 is hereby amended to read as follows:
22-29 386.605 1. On or before [April 15] January 1 of each year, the
22-30 governing body of each charter school shall submit the information
22-31 concerning the charter school that is [contained in the report] required
22-32 pursuant to subsection 2 of NRS 385.347 to the [:
22-33 (a) Governor;
22-34 (b) State board;
22-35 (c) Department;
22-36 (d) Legislative committee on education created pursuant to NRS
22-37 218.5352; and
22-38 (e) Legislative bureau of educational accountability and program
22-39 evaluation created pursuant to NRS 218.5356.] board of trustees of the
22-40 school district in which the charter school is located, regardless of the
22-41 sponsor of the charter school, for inclusion in the report of the school
22-42 district pursuant to that section. The information must be submitted by
22-43 the charter school in a format prescribed by the board of trustees.
22-44 2. On or before April 15 of each year, the governing body of each
22-45 charter school shall submit the information prepared by the governing body
22-46 that is contained in the report pursuant to paragraph (t) of subsection 2 of
22-47 NRS 385.347 to the commission on educational technology created
22-48 pursuant to NRS 388.790.
23-1 3. On or before June 15 of each year, the governing body of each
23-2 charter school shall:
23-3 (a) Prepare:
23-4 (1) A separate written report summarizing the effectiveness of the
23-5 charter school’s program of accountability. The report must include:
23-6 (I) A review and analysis of the data upon which the report
23-7 required pursuant to subsection 2 of NRS 385.347 is based and a review
23-8 and analysis of any data that is more recent than the data upon which the
23-9 report is based; and
23-10 (II) The identification of any problems or factors at the charter
23-11 school that are revealed by the review and analysis.
23-12 (2) A written procedure to improve the achievement of pupils who
23-13 are enrolled in the charter school, including, but not limited to, a
23-14 description of the efforts the governing body has made to correct any
23-15 deficiencies identified in the written report required pursuant to
23-16 subparagraph (1). The written procedure must describe sources of data that
23-17 will be used by the governing body to evaluate the effectiveness of the
23-18 written procedure.
23-19 (b) Submit copies of the written report and written procedure required
23-20 pursuant to paragraph (a) to the:
23-21 (1) Governor;
23-22 (2) State board;
23-23 (3) Department;
23-24 (4) Legislative committee on education created pursuant to NRS
23-25 218.5352; [and]
23-26 (5) Legislative bureau of educational accountability and program
23-27 evaluation created pursuant to NRS 218.5356 [.] ; and
23-28 (6) Board of trustees of the school district in which the charter
23-29 school is located.
23-30 4. The department shall maintain a record of the information that it
23-31 receives from each charter school pursuant to this section in such a manner
23-32 as will allow the department to create for each charter school a yearly
23-33 profile of information.
23-34 5. The governing body of each charter school shall ensure that a copy
23-35 of the written report and written procedure required pursuant to paragraph
23-36 (a) of subsection 3 is included with the final budget of the charter school
23-37 adopted by the governing body of the charter school pursuant to the
23-38 regulations of the department.
23-39 6. The legislative bureau of educational accountability and program
23-40 evaluation created pursuant to NRS 218.5356 may authorize a person or
23-41 entity with whom it contracts pursuant to NRS 385.359 to review and
23-42 analyze information submitted by charter schools pursuant to this section,
23-43 consult with the governing bodies of charter schools and submit written
23-44 reports concerning charter schools pursuant to NRS 385.359.
23-45 Sec. 22. NRS 386.610 is hereby amended to read as follows:
23-46 386.610 1. On or before July 1 of each year, if the board of trustees
23-47 of a school district [that] sponsors a charter school , the board of trustees
23-48 shall submit a written report to the state board. The written report must
24-1 include an evaluation of the progress of each charter school sponsored by
24-2 the board of trustees in achieving its educational goals and objectives.
24-3 2. The governing body of a charter school shall, after 3 years of
24-4 operation under its initial charter, submit a written report to the [board of
24-5 trustees of the school district that is the] sponsor of the charter school. The
24-6 written report must include a description of the progress of the charter
24-7 school in achieving its educational goals and objectives. If the charter
24-8 school submits an application for renewal in accordance with the
24-9 regulations of the department, the [board of trustees] sponsor may renew
24-10 the written charter of the school pursuant to subsection 2 of NRS 386.530.
24-11 Sec. 23. NRS 386.650 is hereby amended to read as follows:
24-12 386.650 1. The department shall establish and maintain a statewide
24-13 automated system of information concerning pupils. The system must be
24-14 designed to improve the ability of the department, school districts and the
24-15 public schools in this state , including, without limitation, charter schools,
24-16 to account for the pupils who are enrolled in the public schools[.] ,
24-17 including, without limitation, charter schools.
24-18 2. The board of trustees of each school district shall:
24-19 (a) Adopt and maintain the program for the collection, maintenance and
24-20 transfer of data from the records of individual pupils to the statewide
24-21 automated system of information, including, without limitation, the
24-22 development of plans for the educational technology which is necessary to
24-23 adopt and maintain the program;
24-24 (b) Provide to the department electronic data concerning pupils as
24-25 required by the superintendent of public instruction pursuant to subsection
24-26 3; and
24-27 (c) Ensure that an electronic record is maintained in accordance with
24-28 subsection 3 of NRS 386.655.
24-29 3. The superintendent of public instruction shall:
24-30 (a) Prescribe the data to be collected and reported to the department by
24-31 each school district pursuant to subsection 2[;] , including, without
24-32 limitation, data relating to each charter school located within a school
24-33 district regardless of the sponsor of the charter school;
24-34 (b) Prescribe the format for the data;
24-35 (c) Prescribe the date by which each school district shall report the data;
24-36 (d) Prescribe the date by which each charter school located within a
24-37 school district shall report the data to the school district for incorporation
24-38 into the report of the school district;
24-39 (e) Provide technical assistance to each school district to ensure that the
24-40 data from each public school in the school district , including, without
24-41 limitation, each charter school located within the school district, is
24-42 compatible with the statewide automated system of information and
24-43 comparable to the data reported by other school districts; and
24-44 [(e)] (f) Provide for the analysis and reporting of the data in the
24-45 statewide automated system of information.
24-46 Sec. 24. NRS 386.655 is hereby amended to read as follows:
24-47 386.655 1. The department, the school districts and the public
24-48 schools , including, without limitation, charter schools, shall, in operating
25-1 the statewide automated system of information established pursuant to
25-2 NRS 386.650, comply with the provisions of:
25-3 (a) For all pupils, the Family Educational Rights and Privacy Act, 20
25-4 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
25-5 (b) For pupils with disabilities who are enrolled in programs of special
25-6 education, the provisions governing access to education records and
25-7 confidentiality of information prescribed in the Individuals with
25-8 Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations
25-9 adopted pursuant thereto.
25-10 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other
25-11 applicable federal law, a public school , including, without limitation, a
25-12 charter school, shall not release the education records of a pupil to a
25-13 person or an agency of a federal, state or local government without the
25-14 written consent of the parent or legal guardian of the pupil.
25-15 3. In addition to the record required pursuant to 20 U.S.C. §
25-16 1232g(b)(4)(A), each school district shall maintain within the statewide
25-17 automated system of information an electronic record of all persons and
25-18 agencies who have requested the education record of a pupil or obtained
25-19 access to the education record of a pupil, or both, pursuant to 20 U.S.C. §
25-20 1232g. The electronic record must be maintained and may only be
25-21 disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A
25-22 charter school shall provide to the school district in which the charter
25-23 school is located such information as is necessary for the school district
25-24 to carry out the provisions of this subsection, regardless of the sponsor of
25-25 the charter school.
25-26 4. The right accorded to a parent or legal guardian of a pupil pursuant
25-27 to subsection 2 devolves upon the pupil on the date on which he attains the
25-28 age of 18 years.
25-29 5. As used in this section, unless the context otherwise requires,
25-30 “education records” has the meaning ascribed to it in 20 U.S.C. §
25-31 1232g(a)(4).
25-32 Sec. 25. NRS 387.123 is hereby amended to read as follows:
25-33 387.123 1. The count of pupils for apportionment purposes includes
25-34 all pupils who are enrolled in programs of instruction of the school district ,
25-35 including, without limitation, a program of distance education provided
25-36 by the school district, or pupils who reside in the county in which the
25-37 school district is located and are enrolled in any charter school , including,
25-38 without limitation, a program of distance education provided by a charter
25-39 school, for:
25-40 (a) Pupils in the kindergarten department.
25-41 (b) Pupils in grades 1 to 12, inclusive.
25-42 (c) Pupils not included under paragraph (a) or (b) who are receiving
25-43 special education pursuant to the provisions of NRS 388.440 to 388.520,
25-44 inclusive.
25-45 (d) Pupils not included under paragraph (a) or (b) who reside in the
25-46 county and are enrolled full time in a program of distance education
25-47 provided by another school district if an agreement is filed with the
25-48 superintendent of public instruction pursuant to section 39 of this act.
26-1 (e) Pupils not included under paragraph (a) or (b) who reside in the
26-2 county and are enrolled part time in a program of distance education if
26-3 an agreement is filed with the superintendent of public instruction
26-4 pursuant to section 39 or 40 of this act, as applicable.
26-5 (f) Children detained in detention homes, alternative programs and
26-6 juvenile forestry camps receiving instruction pursuant to the provisions of
26-7 NRS 388.550, 388.560 and 388.570.
26-8 [(e)] (g) Pupils who are enrolled in classes pursuant to subsection 4 of
26-9 NRS 386.560 [.] and pupils who are enrolled in classes pursuant to
26-10 subsection 4 of NRS 386.580.
26-11 [(f)] (h) Pupils who are enrolled in classes pursuant to subsection 3 or 5
26-12 of NRS 392.070.
26-13 [(g)] (i) Part-time pupils enrolled in classes and taking courses
26-14 necessary to receive a high school diploma, excluding those pupils who are
26-15 included in paragraphs (e) [and (f).] , (g) and (h).
26-16 2. The state board shall establish uniform regulations for counting
26-17 enrollment and calculating the average daily attendance of pupils. In
26-18 establishing such regulations for the public schools, the state board:
26-19 (a) Shall divide the school year into 10 school months, each containing
26-20 20 or fewer school days.
26-21 (b) May divide the pupils in grades 1 to 12, inclusive, into categories
26-22 composed respectively of those enrolled in elementary schools and those
26-23 enrolled in secondary schools.
26-24 (c) Shall prohibit the counting of any pupil specified in subsection 1
26-25 more than once.
26-26 3. Except as otherwise provided in subsection 4 and NRS 388.700, the
26-27 state board shall establish by regulation the maximum pupil-teacher ratio in
26-28 each grade, and for each subject matter wherever different subjects are
26-29 taught in separate classes, for each school district of this state which is
26-30 consistent with:
26-31 (a) The maintenance of an acceptable standard of instruction;
26-32 (b) The conditions prevailing in the school district with respect to the
26-33 number and distribution of pupils in each grade; and
26-34 (c) Methods of instruction used, which may include educational
26-35 television, team teaching or new teaching systems or
26-36 techniques.
26-37 If the superintendent of public instruction finds that any school district is
26-38 maintaining one or more classes whose pupil-teacher ratio exceeds the
26-39 applicable maximum, and unless he finds that the board of trustees of the
26-40 school district has made every reasonable effort in good faith to comply
26-41 with the applicable standard, he shall, with the approval of the state board,
26-42 reduce the count of pupils for apportionment purposes by the percentage
26-43 which the number of pupils attending those classes is of the total number of
26-44 pupils in the district, and the state board may direct him to withhold the
26-45 quarterly apportionment entirely.
26-46 4. [A] The provisions of subsection 3 do not apply to a charter school
26-47 [is not required to comply with the pupil-teacher ratio prescribed by the
26-48 state board pursuant to subsection 3.] or a program of distance education
26-49 provided pursuant to sections 31 to 44, inclusive, of this act.
27-1 Sec. 26. NRS 387.1233 is hereby amended to read as follows:
27-2 387.1233 1. Except as otherwise provided in subsection 2, basic
27-3 support of each school district must be computed by:
27-4 (a) Multiplying the basic support guarantee per pupil established for that
27-5 school district for that school year by the sum of:
27-6 (1) Six-tenths the count of pupils enrolled in the kindergarten
27-7 department on the last day of the first school month of the school district
27-8 for the school year, including, without limitation, the count of pupils who
27-9 reside in the county and are enrolled in any charter school on the last day
27-10 of the first school month of the school district for the school year.
27-11 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
27-12 last day of the first school month of the school district for the school year,
27-13 including, without limitation, the count of pupils who reside in the county
27-14 and are enrolled in any charter school on the last day of the first school
27-15 month of the school district for the school year.
27-16 (3) The count of pupils not included under subparagraph (1) or (2)
27-17 who reside in the county and are enrolled:
27-18 (I) Full time in a program of distance education provided by the
27-19 school district or a charter school on the last day of the first school
27-20 month of the school district for the school year.
27-21 (II) Full time in a program of distance education provided by
27-22 another school district if an agreement is filed with the superintendent of
27-23 public instruction pursuant to section 39 of this act on the last day of the
27-24 first school month of the school district for the school year.
27-25 (III) In a public school of the school district and are
27-26 concurrently enrolled part time in a program of distance education
27-27 provided by another school district or a charter school if an agreement is
27-28 filed with the superintendent of public instruction pursuant to section 39
27-29 of this act on the last day of the first school month of the school district
27-30 for the school year, expressed as a percentage of the total time services
27-31 are provided to those pupils per school day in proportion to the total time
27-32 services are provided during a school day to pupils who are counted
27-33 pursuant to subparagraph (2).
27-34 (IV) In a charter school and are concurrently enrolled part time
27-35 in a program of distance education provided by a school district or
27-36 another charter school if an agreement is filed with the superintendent of
27-37 public instruction pursuant to section 40 of this act on the last day of the
27-38 first school month of the school district for the school year, expressed as
27-39 a percentage of the total time services are provided to those pupils per
27-40 school day in proportion to the total time services are provided during a
27-41 school day to pupils who are counted pursuant to subparagraph (2).
27-42 (4) The count of pupils not included under subparagraph (1) , [or] (2)
27-43 or (3) who are receiving special education pursuant to the provisions of
27-44 NRS 388.440 to 388.520, inclusive, on the last day of the first school
27-45 month of the school district for the school year, excluding the count of
27-46 pupils who have not attained the age of 5 years and who are receiving
27-47 special education pursuant to subsection 1 of NRS 388.490 on that day.
27-48 [(4)] (5) Six-tenths the count of pupils who have not attained the age
27-49 of 5 years and who are receiving special education pursuant to subsection 1
28-1 of NRS 388.490 on the last day of the first school month of the school
28-2 district for the school year.
28-3 [(5)] (6) The count of children detained in detention homes,
28-4 alternative programs and juvenile forestry camps receiving instruction
28-5 pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the
28-6 last day of the first school month of the school district for the school year.
28-7 [(6)] (7) The count of pupils who are enrolled in classes for at least
28-8 one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of
28-9 NRS 386.580 or subsection 3 or 5 of NRS 392.070, expressed as a
28-10 percentage of the total time services are provided to those pupils per school
28-11 day in proportion to the total time services are provided during a school
28-12 day to pupils who are counted pursuant to subparagraph (2).
28-13 (b) Multiplying the number of special education program units
28-14 maintained and operated by the amount per program established for that
28-15 school year.
28-16 (c) Adding the amounts computed in paragraphs (a) and (b).
28-17 2. If the enrollment of pupils in a school district or a charter school
28-18 that is located within the school district on the last day of the first school
28-19 month of the school district for the school year is less than the enrollment
28-20 of pupils in the same school district or charter school on the last day of the
28-21 first school month of the school district for the immediately preceding
28-22 school year, the larger number must be used for purposes of apportioning
28-23 money from the state distributive school account to that school district or
28-24 charter school pursuant to NRS 387.124.
28-25 3. Pupils who are excused from attendance at examinations or have
28-26 completed their work in accordance with the rules of the board of trustees
28-27 must be credited with attendance during that period.
28-28 4. Pupils who are incarcerated in a facility or institution operated by
28-29 the department of prisons must not be counted for the purpose of
28-30 computing basic support pursuant to this section. The average daily
28-31 attendance for such pupils must be reported to the department . [of
28-32 education.]
28-33 5. Part-time pupils who are enrolled in courses which are approved by
28-34 the department as meeting the requirements for an adult to earn a high
28-35 school diploma must not be counted for the purpose of computing basic
28-36 support pursuant to this section. The average daily attendance for such
28-37 pupils must be reported to the department.
28-38 Sec. 27. NRS 387.124 is hereby amended to read as follows:
28-39 387.124 Except as otherwise provided in this section and NRS
28-40 387.528:
28-41 1. On or before August 1, November 1, February 1 and May 1 of each
28-42 year, the superintendent of public instruction shall[, except as otherwise
28-43 provided in subsections 2 and 3,] apportion the state distributive school
28-44 account in the state general fund among the several county school districts
28-45 and charter schools in amounts approximating one-fourth of their
28-46 respective yearly apportionments less any amount set aside as a reserve.
28-47 The apportionment to a school district, computed on a yearly basis, equals
28-48 the difference between the basic support and the local funds available
28-49 pursuant to NRS 387.1235, minus all the funds attributable to pupils who
29-1 reside in the county but attend a charter school[.] and all the funds
29-2 attributable to pupils who reside in the county and are enrolled full time
29-3 or part time in a program of distance education provided by another
29-4 school district or a charter school. No apportionment may be made to a
29-5 school district if the amount of the local funds exceeds the amount of basic
29-6 support. [The] Except as otherwise provided in subsection 2, the
29-7 apportionment to a charter school, computed on a yearly basis, is equal to
29-8 the sum of the basic support per pupil in the county in which the pupil
29-9 resides plus the amount of local funds available per pupil pursuant to NRS
29-10 387.1235 and all other funds available for public schools in the county in
29-11 which the pupil resides[.] , minus all the funds attributable to pupils who
29-12 are enrolled in the charter school but are concurrently enrolled part time
29-13 in a program of distance education provided by a school district or
29-14 another charter school. If the apportionment per pupil to a charter school
29-15 is more than the amount to be apportioned to the school district in which a
29-16 pupil who is enrolled in the charter school resides, the school district in
29-17 which the pupil resides shall pay the difference directly to the charter
29-18 school.
29-19 2. Except as otherwise provided in this subsection, the apportionment
29-20 to a charter school that is sponsored by the state board, computed on a
29-21 yearly basis, is equal to:
29-22 (a) The sum of the basic support per pupil in the county in which the
29-23 pupil resides plus the amount of local funds available per pupil pursuant
29-24 to NRS 387.1235 and all other funds available for public schools in the
29-25 county in which the pupil resides; or
29-26 (b) The statewide average per pupil amount for pupils who are
29-27 enrolled full time,
29-28 whichever is greater. If the calculation set forth in paragraph (a) is less
29-29 than the calculation pursuant to paragraph (b), the school district in
29-30 which the charter school is located shall pay the difference directly to the
29-31 charter school. If a charter school provides a program of distance
29-32 education pursuant to sections 31 to 44, inclusive, of this act, the
29-33 apportionment to the charter school for pupils who are enrolled in the
29-34 program must be calculated as set forth in subsection 1 or 4, as
29-35 applicable.
29-36 3. In addition to the apportionments made pursuant to this section,
29-37 an apportionment must be made to a school district that provides a
29-38 program of distance education for each pupil enrolled full time in the
29-39 program who does not reside within the school district that provides the
29-40 program if an agreement is filed for that pupil pursuant to section 39 of
29-41 this act. The amount of the apportionment must be equal to the amount
29-42 per pupil which would have been received pursuant to subsection 1 by:
29-43 (a) The school district in which the pupil resides; or
29-44 (b) The school district that provides the program of distance education
29-45 if the pupil resided within that school district,
29-46 whichever is less. If the amount of the apportionment made pursuant to
29-47 this subsection for a pupil who is enrolled full time in a program of
29-48 distance education is less than the amount per pupil which would have
29-49 been received by the school district in which the pupil resides, the
30-1 remainder must be paid directly to the school district in which the pupil
30-2 resides.
30-3 4. In addition to the apportionments made pursuant to this section,
30-4 an apportionment must be made to a school district or charter school that
30-5 provides a program of distance education for each pupil who is enrolled
30-6 part time in the program if an agreement is filed for that pupil pursuant
30-7 to section 39 or 40 of this act, as applicable. The amount of the
30-8 apportionment must be equal to the percentage of the total time services
30-9 are provided to the pupil through the program of distance education per
30-10 school day in proportion to the total time services are provided during a
30-11 school day to pupils who are counted pursuant to subparagraph (2) of
30-12 paragraph (a) of subsection 1 of NRS 387.1233 for the school district in
30-13 which the pupil resides.
30-14 5. In addition to the apportionments made pursuant to this section,
30-15 an apportionment must be made to a school district or charter school that
30-16 provides a program of distance education for each child who is enrolled
30-17 in a private school or receives instruction at home who participates in a
30-18 class offered through a program of distance education pursuant to
30-19 subsection 5 of NRS 392.070. The amount of the apportionment must be
30-20 equal to the percentage of the total time services are provided to the pupil
30-21 through the program of distance education per school day in proportion
30-22 to the total time services are provided during a school day to pupils who
30-23 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
30-24 1 of NRS 387.1233 for the school district in which the pupil resides.
30-25 6. The governing body of a charter school may submit a written
30-26 request to the superintendent of public instruction to receive, in the first
30-27 year of operation of the charter school, an apportionment 30 days before
30-28 the apportionment is required to be made pursuant to subsection 1. Upon
30-29 receipt of such a request, the superintendent of public instruction may
30-30 make the apportionment 30 days before the apportionment is required to be
30-31 made. A charter school may receive all four apportionments in advance in
30-32 its first year of operation.
30-33 [3.] 7. If the state controller finds that such an action is needed to
30-34 maintain the balance in the state general fund at a level sufficient to pay the
30-35 other appropriations from it, he may pay out the apportionments monthly,
30-36 each approximately one-twelfth of the yearly apportionment less any
30-37 amount set aside as a reserve. If such action is needed, the state controller
30-38 shall submit a report to the department of administration and the fiscal
30-39 analysis division of the legislative counsel bureau documenting reasons for
30-40 the action.
30-41 Sec. 28. NRS 387.1243 is hereby amended to read as follows:
30-42 387.1243 1. The first apportionment based on an estimated number
30-43 of pupils and special education program units and succeeding
30-44 apportionments are subject to adjustment from time to time as the need
30-45 therefor may appear.
30-46 2. The apportionments to a school district may be adjusted during a
30-47 fiscal year by the department of education, upon approval by the state
30-48 board of examiners and the interim finance committee, if the department of
30-49 taxation and the county assessor in the county in which the school district
31-1 is located certify to the department of education that the school district will
31-2 not receive the tax levied pursuant to subsection 1 of NRS 387.195 on
31-3 property of the Federal Government located within the county if:
31-4 (a) The leasehold interest, possessory interest, beneficial interest or
31-5 beneficial use of the property is subject to taxation pursuant to NRS
31-6 361.157 and 361.159 and one or more lessees or users of the property are
31-7 delinquent in paying the tax; and
31-8 (b) The total amount of tax owed but not paid for the fiscal year by any
31-9 such lessees and users is at least 5 percent of the proceeds that the school
31-10 district would have received from the tax levied pursuant to subsection 1 of
31-11 NRS 387.195.
31-12 If a lessee or user pays the tax owed after the school district’s
31-13 apportionment has been increased in accordance with the provisions of this
31-14 subsection to compensate for the tax owed, the school district shall repay to
31-15 the state distributive school account in the state general fund an amount
31-16 equal to the tax received from the lessee or user for the year in which the
31-17 school district received an increased apportionment, not to exceed the
31-18 increase in apportionments made to the school district pursuant to this
31-19 subsection.
31-20 3. On or before August 1 of each year, the board of trustees of a school
31-21 district shall provide to the department, in a format prescribed by the
31-22 department, the count of pupils calculated pursuant to subparagraph [(6)]
31-23 (7) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
31-24 least one semester during the immediately preceding school year. The
31-25 count of pupils submitted to the department must be included in the final
31-26 adjustment computed pursuant to subsection 4.
31-27 4. A final adjustment for each school district and charter school must
31-28 be computed as soon as practicable following the close of the school year,
31-29 but not later than August 25. The final computation must be based upon the
31-30 actual counts of pupils required to be made for the computation of basic
31-31 support and the limits upon the support of special education programs,
31-32 except that for any year when the total enrollment of pupils and children in
31-33 a school district or a charter school located within the school district
31-34 described in paragraphs (a) [,(b), (c) and (d)] to (f), inclusive, of subsection
31-35 1 of NRS 387.123 is greater on the last day of any school month of the
31-36 school district after the second school month of the school district and the
31-37 increase in enrollment shows at least:
31-38 (a) A 3-percent gain, basic support as computed from first month
31-39 enrollment for the school district or charter school must be increased by 2
31-40 percent.
31-41 (b) A 6-percent gain, basic support as computed from first month
31-42 enrollment for the school district or charter school must be increased by an
31-43 additional 2 percent.
31-44 5. If the final computation of apportionment for any school district or
31-45 charter school exceeds the actual amount paid to the school district or
31-46 charter school during the school year, the additional amount due must be
31-47 paid before September 1. If the final computation of apportionment for any
31-48 school district or charter school is less than the actual amount paid to the
31-49 school district or charter school during the school year, the difference must
32-1 be repaid to the state distributive school account in the state general fund
32-2 by the school district or charter school before September 25.
32-3 Sec. 29. NRS 387.185 is hereby amended to read as follows:
32-4 387.185 1. Except as otherwise provided in subsection 2 and NRS
32-5 387.528, all school money due each county school district must be paid
32-6 over by the state treasurer to the county treasurer on August 1, November
32-7 1, February 1 and May 1 of each year or as soon thereafter as the county
32-8 treasurer may apply for it, upon the warrant of the state controller drawn in
32-9 conformity with the apportionment of the superintendent of public
32-10 instruction as provided in NRS 387.124.
32-11 2. Except as otherwise provided in NRS 387.528, if the board of
32-12 trustees of a school district establishes and administers a separate account
32-13 pursuant to the provisions of NRS 354.603, all school money due that
32-14 school district must be paid over by the state treasurer to the school district
32-15 on August 1, November 1, February 1 and May 1 of each year or as soon
32-16 thereafter as the school district may apply for it, upon the warrant of the
32-17 state controller drawn in conformity with the apportionment of the
32-18 superintendent of public instruction as provided in NRS 387.124.
32-19 3. No county school district may receive any portion of the public
32-20 school money unless that school district has complied with the provisions
32-21 of this Title and regulations adopted pursuant thereto.
32-22 4. Except as otherwise provided in this subsection, all school money
32-23 due each charter school must be paid over by the state treasurer to the
32-24 governing body of the charter school on August 1, November 1, February 1
32-25 and May 1 of each year or as soon thereafter as the governing body may
32-26 apply for it, upon the warrant of the state controller drawn in conformity
32-27 with the apportionment of the superintendent of public instruction as
32-28 provided in NRS 387.124. If the superintendent of public instruction has
32-29 approved, pursuant to subsection [2] 6 of NRS 387.124, a request for
32-30 payment of an apportionment 30 days before the apportionment is
32-31 otherwise required to be made, the money due to the charter school must be
32-32 paid by the state treasurer to the governing body of the charter school on
32-33 July 1, October 1, January 1 or April 1, as applicable.
32-34 Sec. 30. Chapter 388 of NRS is hereby amended by adding thereto the
32-35 provisions set forth as sections 31 to 44, inclusive, of this act.
32-36 Sec. 31. As used in sections 31 to 44, inclusive, of this act, unless the
32-37 context otherwise requires, the words and terms defined in sections 32,
32-38 33 and 34 of this act have the meanings ascribed to them in those
32-39 sections.
32-40 Sec. 32. “Course of distance education” means a course of study
32-41 that uses distance education as its primary mechanism for delivery of
32-42 instruction.
32-43 Sec. 33. “Distance education” means instruction which is delivered
32-44 by means of video, computer, television, correspondence or the Internet
32-45 or other electronic means of communication, or any combination
32-46 thereof, in such a manner that the person supervising or providing the
32-47 instruction and the pupil receiving the instruction are separated
32-48 geographically for a majority of the time during which the instruction is
32-49 delivered.
33-1 Sec. 34. “Program of distance education” means a program
33-2 comprised of one or more courses of distance education that is designed
33-3 for pupils who:
33-4 1. Are participating in a program for pupils who are at risk of
33-5 dropping out of high school pursuant to NRS 388.537.
33-6 2. Are participating in a program of independent study pursuant to
33-7 NRS 389.155.
33-8 3. Are enrolled in a public school that does not offer advanced
33-9 courses.
33-10 4. Have a physical or mental condition that would otherwise require
33-11 an excuse from compulsory attendance pursuant to NRS 392.050.
33-12 5. Are excused from compulsory attendance pursuant to NRS
33-13 392.070 and are authorized to enroll in a program of distance education
33-14 pursuant to that section.
33-15 6. Would otherwise be excused from compulsory attendance
33-16 pursuant to NRS 392.080.
33-17 7. Are otherwise prohibited from attending public school pursuant to
33-18 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
33-19 392.4675.
33-20 8. Are otherwise permitted to enroll in a program of distance
33-21 education provided by the board of trustees of a school district if the
33-22 board of trustees determines that the circumstances warrant enrollment
33-23 for the pupil.
33-24 9. Are otherwise permitted to enroll in a program of distance
33-25 education provided by the governing body of a charter school if the
33-26 sponsor of the charter school determines that the circumstances warrant
33-27 enrollment for the pupil.
33-28 Sec. 35. 1. The department shall prepare and publish a list of
33-29 courses of distance education that satisfy the requirements of sections 31
33-30 to 44, inclusive, of this act, and all other applicable statutes and
33-31 regulations. If an application to provide a program of distance education
33-32 is approved pursuant to section 36 of this act, the department shall
33-33 automatically include on the list each course of study included within
33-34 that program if the course of study had not been approved pursuant to
33-35 this section before submission of the application to provide the program.
33-36 2. A person or entity that has developed a course of distance
33-37 education, including, without limitation, a vendor of a course of distance
33-38 education, the University and Community College System of Nevada or
33-39 other postsecondary educational institution, a board of trustees of a
33-40 school district or a governing body of a charter school, may submit an
33-41 application for inclusion of the course on the list prepared by the
33-42 department. The department shall approve an application if the
33-43 application satisfies the requirements of sections 31 to 44, inclusive, of
33-44 this act and all other applicable statutes and regulations. The department
33-45 shall provide written notice to the applicant of its approval or denial of
33-46 the application.
33-47 3. If the department denies an application, the department shall
33-48 include in the written notice the reasons for the denial and the
33-49 deficiencies of the application. The applicant must be granted 30 days
34-1 after receipt of the written notice to correct any deficiencies identified in
34-2 the written notice and resubmit the application. The department shall
34-3 approve an application that has been resubmitted pursuant to this
34-4 subsection if the application satisfies the requirements of sections 31 to
34-5 44, inclusive, of this act and all other applicable statutes and regulations.
34-6 Sec. 36. 1. The board of trustees of a school district or the
34-7 governing body of a charter school may submit an application to the state
34-8 board to provide a program of distance education.
34-9 2. An applicant to provide a program of distance education may seek
34-10 approval to provide a program that is comprised of one or more courses
34-11 of distance education included on the list of courses approved by the
34-12 department pursuant to section 35 of this act or a program that is
34-13 comprised of one or more courses of distance education which have not
34-14 been reviewed by the department before submission of the application.
34-15 3. An application to provide a program of distance education must
34-16 include:
34-17 (a) All the information prescribed by the state board by regulation.
34-18 (b) Except as otherwise provided in this paragraph, proof satisfactory
34-19 to the state board that the program satisfies all applicable statutes and
34-20 regulations. The proof required by this paragraph shall be deemed
34-21 satisfied if the program is comprised only of courses of distance
34-22 education approved by the department pursuant to section 35 of this act
34-23 before submission of the application.
34-24 4. The state board shall approve an application submitted pursuant
34-25 to this section if the application satisfies the requirements of sections 31
34-26 to 44, inclusive, of this act and all other applicable statutes and
34-27 regulations. The state board shall provide written notice to the applicant
34-28 of the state board’s approval or denial of the application.
34-29 5. If the state board denies an application, the state board shall
34-30 include in the written notice the reasons for the denial and the
34-31 deficiencies of the application. The applicant must be granted 30 days
34-32 after receipt of the written notice to correct any deficiencies identified in
34-33 the written notice and resubmit the application. The state board shall
34-34 approve an application that has been resubmitted pursuant to this
34-35 subsection if the application satisfies the requirements of sections 31 to
34-36 44, inclusive, of this act and all other applicable statutes and regulations.
34-37 Sec. 37. A program of distance education may include, without
34-38 limitation, an opportunity for pupils to participate in the program:
34-39 1. For a shorter school day or a longer school day than that
34-40 regularly provided for in the school district or charter school, as
34-41 applicable; and
34-42 2. During any part of the calendar year.
34-43 Sec. 38. 1. A pupil may enroll in a program of distance education
34-44 only if the pupil satisfies the requirements of any other applicable statute
34-45 and the pupil:
34-46 (a) Is participating in a program for pupils at risk of dropping out of
34-47 high school pursuant to NRS 388.537;
34-48 (b) Is participating in a program of independent study pursuant to
34-49 NRS 389.155;
35-1 (c) Is enrolled in a public school that does not offer certain advanced
35-2 courses that the pupil desires to attend;
35-3 (d) Has a physical or mental condition that would otherwise require
35-4 an excuse from compulsory attendance pursuant to NRS 392.050;
35-5 (e) Is excused from compulsory attendance pursuant to NRS 392.070
35-6 and is authorized to enroll in a program of distance education pursuant
35-7 to that section;
35-8 (f) Would otherwise be excused from compulsory attendance pursuant
35-9 to NRS 392.080;
35-10 (g) Is otherwise prohibited from attending public school pursuant to
35-11 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
35-12 392.4675;
35-13 (h) Is otherwise permitted to enroll in a program of distance education
35-14 provided by the board of trustees of a school district if the board of
35-15 trustees determines that the circumstances warrant enrollment for the
35-16 pupil; or
35-17 (i) Is otherwise permitted to enroll in a program of distance education
35-18 provided by the governing body of a charter school if the sponsor of the
35-19 charter school determines that the circumstances warrant enrollment for
35-20 the pupil.
35-21 2. If a pupil who is prohibited from attending public school pursuant
35-22 to NRS 392.264 enrolls in a program of distance education, the
35-23 enrollment and attendance of that pupil must comply with all
35-24 requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271,
35-25 inclusive.
35-26 3. If a pupil is eligible for enrollment in a program of distance
35-27 education pursuant to paragraph (c) of subsection 1, he may enroll in the
35-28 program of distance education only to take those advanced courses that
35-29 are not offered at the public school he otherwise attends.
35-30 Sec. 39. 1. Except as otherwise provided in this subsection, before
35-31 a pupil may enroll full time or part time in a program of distance
35-32 education that is provided by a school district other than the school
35-33 district in which the pupil resides, the pupil must obtain the written
35-34 permission of the board of trustees of the school district in which the
35-35 pupil resides. Before a pupil who is enrolled in a public school of a
35-36 school district may enroll part time in a program of distance education
35-37 that is provided by a charter school, the pupil must obtain the written
35-38 permission of the board of trustees of the school district in which the
35-39 pupil resides. A pupil who enrolls full time in a program of distance
35-40 education that is provided by a charter school is not required to obtain
35-41 the approval of the board of trustees of the school district in which the
35-42 pupil resides.
35-43 2. If the board of trustees of a school district grants permission
35-44 pursuant to subsection 1, the board of trustees shall enter into a written
35-45 agreement with the board of trustees or governing body, as applicable,
35-46 that provides the program of distance education. A separate agreement
35-47 must be prepared for each year that a pupil enrolls in a program of
35-48 distance education. The written agreement must:
36-1 (a) Contain a statement prepared by the board of trustees of the school
36-2 district in which the pupil resides indicating that the board of trustees
36-3 understands that the superintendent of public instruction will make
36-4 appropriate adjustments in the apportionments to the school district
36-5 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
36-6 program of distance education;
36-7 (b) If the pupil plans to enroll part time in the program of distance
36-8 education, contain a statement prepared by the board of trustees of the
36-9 school district in which the pupil resides and the board of trustees or
36-10 governing body that provides the program of distance education setting
36-11 forth the percentage of the total time services will be provided to the pupil
36-12 through the program of distance education per school day in proportion
36-13 to the total time services are provided during a school day to pupils who
36-14 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
36-15 1 of NRS 387.1233 for the school district in which the pupil resides;
36-16 (c) Be signed by the board of trustees of the school district in which
36-17 the pupil resides and the board of trustees or governing body that
36-18 provides the program of distance education; and
36-19 (d) Include any other information required by the state board by
36-20 regulation.
36-21 3. On or before September 1 of each year, a written agreement must
36-22 be filed with the superintendent of public instruction for each pupil who
36-23 is enrolled full time or part time in a program of distance education
36-24 provided by a school district other than the school district in which the
36-25 pupil resides. On or before September 1 of each year, a written
36-26 agreement must be filed with the superintendent of public instruction for
36-27 each pupil who is enrolled in a public school of the school district and
36-28 who is enrolled part time in a program of distance education provided by
36-29 a charter school. If an agreement is not filed for a pupil who is enrolled
36-30 in a program of distance education as required by this section, the
36-31 superintendent of public instruction shall not apportion money for that
36-32 pupil to the board of trustees of the school district in which the pupil
36-33 resides, or the board of trustees or governing body that provides the
36-34 program of distance education.
36-35 Sec. 40. 1. If a pupil is enrolled in a charter school, he may enroll
36-36 full time in a program of distance education only if the charter school in
36-37 which he is enrolled provides the program of distance education.
36-38 2. Before a pupil who is enrolled in a charter school may enroll part
36-39 time in a program of distance education that is provided by a school
36-40 district or another charter school, the pupil must obtain the written
36-41 permission of the governing body of the charter school in which the pupil
36-42 is enrolled.
36-43 3. If the governing body of a charter school grants permission
36-44 pursuant to subsection 2, the governing body shall enter into a written
36-45 agreement with the board of trustees or governing body, as applicable,
36-46 that provides the program of distance education. A separate agreement
36-47 must be prepared for each year that a pupil enrolls in a program of
36-48 distance education. The written agreement must:
37-1 (a) Contain a statement prepared by the governing body of the charter
37-2 school in which the pupil is enrolled indicating that the governing body
37-3 understands that the superintendent of public instruction will make
37-4 appropriate adjustments in the apportionments to the charter school
37-5 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
37-6 program of distance education;
37-7 (b) Contain a statement prepared by the governing body of the charter
37-8 school in which the pupil is enrolled and the board of trustees or
37-9 governing body that provides the program of distance education setting
37-10 forth the percentage of the total time services will be provided to the pupil
37-11 through the program of distance education per school day in proportion
37-12 to the total time services are provided during a school day to pupils who
37-13 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
37-14 1 of NRS 387.1233 for the school district in which the pupil resides;
37-15 (c) Be signed by the governing body of the charter school in which the
37-16 pupil is enrolled and the board of trustees or governing body that
37-17 provides the program of distance education; and
37-18 (d) Include any other information required by the state board by
37-19 regulation.
37-20 4. On or before September 1 of each year, a written agreement must
37-21 be filed with the superintendent of public instruction for each pupil who
37-22 is enrolled in a charter school and who is enrolled part time in a program
37-23 of distance education provided by a school district or another charter
37-24 school. If an agreement is not filed for such a pupil, the superintendent
37-25 of public instruction shall not apportion money for that pupil to the
37-26 governing body of the charter school in which the pupil is enrolled, or
37-27 the board of trustees or governing body that provides the program of
37-28 distance education.
37-29 Sec. 41. 1. If a pupil is enrolled full time in a program of distance
37-30 education provided by the board of trustees of a school district, the board
37-31 of trustees of the school district that provides the program shall declare
37-32 for each such pupil one public school within that school district to which
37-33 the pupil is affiliated. The board of trustees may declare that all the
37-34 pupils enrolled in the program of distance education are affiliated with
37-35 one public school within the school district, or it may declare individual
37-36 public schools for the pupils enrolled in the program. Upon the declared
37-37 affiliation, the pupil shall be deemed enrolled in that public school for
37-38 purposes of all the applicable requirements, statutes, regulations, rules
37-39 and policies of that public school and school district, including, without
37-40 limitation:
37-41 (a) Graduation requirements;
37-42 (b) Accountability of public schools, as set forth in NRS 385.3455 to
37-43 385.391, inclusive;
37-44 (c) Provisions governing the attendance and truancy of pupils, as set
37-45 forth in NRS 392.040 to 392.220, inclusive; and
37-46 (d) Discipline of pupils.
37-47 2. A pupil who is enrolled full time in a program of distance
37-48 education provided by a charter school shall be deemed enrolled in the
37-49 charter school. All the applicable requirements, including, without
38-1 limitation, statutes, regulations, rules and policies of that charter school
38-2 apply to such a pupil, including, without limitation:
38-3 (a) Graduation requirements;
38-4 (b) Accountability of public schools, as set forth in NRS 385.3455 to
38-5 385.391, inclusive;
38-6 (c) Provisions governing the attendance and truancy of pupils, as set
38-7 forth in NRS 392.040 to 392.220, inclusive; and
38-8 (d) Discipline of pupils.
38-9 3. Except for a pupil who is enrolled part time in a program of
38-10 distance education pursuant to NRS 392.070, if a pupil is enrolled part
38-11 time in a program of distance education, all the applicable requirements,
38-12 statutes, regulations, rules and policies of the public school of the school
38-13 district in which the pupil is otherwise enrolled or the charter school in
38-14 which the pupil is otherwise enrolled apply to such a pupil, including,
38-15 without limitation:
38-16 (a) Graduation requirements;
38-17 (b) Accountability of public schools, as set forth in NRS 385.3455 to
38-18 385.391, inclusive;
38-19 (c) Provisions governing the attendance and truancy of pupils, as set
38-20 forth in NRS 392.040 to 392.220, inclusive; and
38-21 (d) Discipline of pupils.
38-22 Sec. 42. 1. If the board of trustees of a school district provides a
38-23 program of distance education, the board of trustees shall ensure that the
38-24 persons who operate the program on a day-to-day basis comply with and
38-25 carry out all applicable requirements, statutes, regulations, rules and
38-26 policies of the school district, including, without limitation:
38-27 (a) Graduation requirements;
38-28 (b) Accountability of public schools, as set forth in NRS 385.3455 to
38-29 385.391, inclusive;
38-30 (c) Provisions governing the attendance and truancy of pupils, as set
38-31 forth in NRS 392.040 to 392.220, inclusive; and
38-32 (d) Discipline of pupils.
38-33 2. If the governing body of a charter school provides a program of
38-34 distance education, the governing body shall:
38-35 (a) For each pupil who is enrolled in the program, provide written
38-36 notice to the board of trustees of the school district in which the pupil
38-37 resides of the type of educational services that will
38-38 be provided to the pupil through the program. The written notice must be
38-39 provided to the board of trustees before the pupil receives educational
38-40 services through the program of distance education.
38-41 (b) Ensure that the persons who operate the program on a day-to-day
38-42 basis comply with and carry out all applicable requirements, statutes,
38-43 regulations, rules and policies of the charter school, including, without
38-44 limitation:
38-45 (1) Graduation requirements;
38-46 (2) Accountability of public schools, as set forth in NRS 385.3455 to
38-47 385.391, inclusive;
38-48 (3) Provisions governing the attendance and truancy of pupils, as
38-49 set forth in NRS 392.040 to 392.220, inclusive; and
39-1 (4) Discipline of pupils.
39-2 Sec. 43. On or before November 1 of each year, the board of trustees
39-3 of a school district or the governing body of a charter school that
39-4 provides a program of distance education shall submit to the department
39-5 and to the legislative bureau of educational accountability and program
39-6 evaluation a written report that contains a summary of the program for
39-7 the immediately preceding school year which includes, without
39-8 limitation:
39-9 1. A description of the manner in which the program was carried
39-10 out;
39-11 2. The expenditures made for the program;
39-12 3. The number of pupils who were enrolled full time in the program
39-13 and the number of pupils who were enrolled part time in the program;
39-14 4. If available, a description of the reasons why pupils enrolled in the
39-15 program;
39-16 5. The number of pupils who dropped out of the program, if any;
39-17 6. A description of any disciplinary measures taken against pupils
39-18 who were enrolled in the program; and
39-19 7. An analysis of the academic achievement and performance of the
39-20 pupils who were enrolled in the program before and after the pupils
39-21 participated in the program.
39-22 Sec. 44. 1. The state board shall adopt regulations that prescribe:
39-23 (a) The process for submission of an application by a person or entity
39-24 for inclusion of a course of distance education on the list prepared by the
39-25 department pursuant to section 35 of this act and the contents of the
39-26 application;
39-27 (b) The process for submission of an application by the board of
39-28 trustees of a school district or the governing body of a charter school to
39-29 provide a program of distance education and the contents of the
39-30 application;
39-31 (c) A method for reporting to the department the number of pupils
39-32 who are enrolled in a program of distance education and the attendance
39-33 of those pupils;
39-34 (d) The requirements for assessing the achievement of pupils who are
39-35 enrolled in a program of distance education, which must include, without
39-36 limitation, the administration of the achievement and proficiency
39-37 examinations required pursuant to NRS 389.015 and 389.550; and
39-38 (e) A written description of the process pursuant to which the state
39-39 board may revoke its approval for the operation of a program of distance
39-40 education.
39-41 2. The state board may adopt regulations as it determines are
39-42 necessary to carry out the provisions of sections 31 to 44, inclusive, of
39-43 this act.
39-44 Sec. 45. NRS 388.090 is hereby amended to read as follows:
39-45 388.090 1. Except as otherwise permitted pursuant to this section,
39-46 boards of trustees of school districts shall schedule and provide a minimum
39-47 of 180 days of free school in the districts under their charge.
39-48 2. The superintendent of public instruction may, upon application by a
39-49 board of trustees, authorize a reduction of not more than 15 school days in
40-1 a particular district to establish or maintain a 12-month school program or a
40-2 program involving alternative scheduling, if the board of trustees
40-3 demonstrates that the proposed schedule for the program provides for a
40-4 greater number of minutes of instruction than would be provided under a
40-5 program consisting of 180 school days. Before authorizing a reduction in
40-6 the number of required school days pursuant to this subsection, the
40-7 superintendent of public instruction must find that the proposed schedule
40-8 will be used to alleviate problems associated with a growth in enrollment
40-9 or overcrowding, or to establish and maintain a program of alternative
40-10 schooling[.] , including, without limitation, a program of distance
40-11 education provided by the board of trustees pursuant to sections 31 to 44,
40-12 inclusive, of this act.
40-13 3. The superintendent of public instruction may, upon application by a
40-14 board of trustees, authorize the addition of minutes of instruction to any
40-15 scheduled day of free school if days of free school are lost because of any
40-16 interscholastic activity. Not more than 5 days of free school so lost may be
40-17 rescheduled in this manner.
40-18 4. Each school district shall schedule at least 3 contingent days of
40-19 school in addition to the number of days required by this section, which
40-20 must be used if a natural disaster, inclement weather or an accident
40-21 necessitates the closing of a majority of the facilities within the district.
40-22 5. If more than 3 days of free school are lost because a natural disaster,
40-23 inclement weather or an accident necessitates the closing of a majority of
40-24 the facilities within a school district, the superintendent of public
40-25 instruction, upon application by the school district, may permit the
40-26 additional days lost to be counted as school days in session. The
40-27 application must be submitted in the manner prescribed by the
40-28 superintendent of public instruction.
40-29 6. The state board [of education] shall adopt regulations providing
40-30 procedures for changing schedules of instruction to be used if a natural
40-31 disaster, inclement weather or an accident necessitates the closing of a
40-32 particular school within a school district.
40-33 Sec. 46. NRS 388.537 is hereby amended to read as follows:
40-34 388.537 1. The board of trustees of a school district may, subject to
40-35 the approval of the state board, operate an alternative program for the
40-36 education of pupils at risk of dropping out of high school, including pupils
40-37 who:
40-38 (a) Because of extenuating circumstances, such as their being pregnant,
40-39 parents, chronically ill or self-supporting, are not able to attend the classes
40-40 of instruction regularly provided in high school;
40-41 (b) Are deficient in the amount of academic credit necessary to graduate
40-42 with pupils their same age;
40-43 (c) Are chronically absent from high school; or
40-44 (d) Require instruction on a more personal basis than that regularly
40-45 provided in high school.
40-46 2. An alternative program may include:
40-47 (a) A shorter school day, and an opportunity for pupils to attend a
40-48 longer school day, than that regularly provided in high school.
41-1 (b) An opportunity for pupils to attend classes of instruction during any
41-2 part of the calendar year.
41-3 (c) A comprehensive curriculum that includes elective classes of
41-4 instruction and occupational education.
41-5 (d) An opportunity for pupils to obtain academic credit through
41-6 experience gained at work or while engaged in other activities.
41-7 (e) An opportunity for pupils to satisfy either:
41-8 (1) The requirements for a regular high school diploma; or
41-9 (2) The requirements for a high school diploma for adults.
41-10 (f) The provision of child care for the children of pupils.
41-11 (g) The transportation of pupils to and from classes of instruction.
41-12 (h) The temporary placement of pupils for independent study, if there
41-13 are extenuating circumstances which prevent those pupils from attending
41-14 the alternative program on a daily basis.
41-15 3. The board of trustees of a school district may operate an
41-16 alternative program pursuant to this section through a program of
41-17 distance education pursuant to sections 31 to 44, inclusive, of this act.
41-18 Sec. 47. NRS 388.700 is hereby amended to read as follows:
41-19 388.700 1. Except as otherwise provided in subsections 2, 3 and 6,
41-20 after the last day of the first month of the school year, the ratio in each
41-21 school district of pupils per class in kindergarten and grades 1, 2 and 3 per
41-22 licensed teacher designated to teach those classes full time must not exceed
41-23 15 to 1 in classes where core curriculum is taught. In determining this ratio,
41-24 all licensed educational personnel who teach kindergarten or grade 1, 2 or
41-25 3 must be counted except teachers of art, music, physical education or
41-26 special education, counselors, librarians, administrators, deans and
41-27 specialists.
41-28 2. A school district may, within the limits of any plan adopted pursuant
41-29 to NRS 388.720, assign a pupil whose enrollment in a grade occurs after
41-30 the last day of the first month of the school year to any existing class
41-31 regardless of the number of pupils in the class.
41-32 3. The state board may grant to a school district a variance from the
41-33 limitation on the number of pupils per class set forth in subsection 1 for
41-34 good cause, including the lack of available financial support specifically
41-35 set aside for the reduction of pupil-teacher ratios.
41-36 4. The state board shall, on or before February 1 of each odd-
41-37 numbered year, report to the legislature on:
41-38 (a) Each variance granted by it during the preceding biennium,
41-39 including the specific justification for the variance.
41-40 (b) The data reported to it by the various school districts pursuant to
41-41 subsection 2 of NRS 388.710, including an explanation of that data, and
41-42 the current pupil-teacher ratios per class in kindergarten and grades 1, 2
41-43 and 3.
41-44 5. The department shall, on or before November 15 of each year,
41-45 report to the chief of the budget division of the department of
41-46 administration and the fiscal analysis division of the legislative counsel
41-47 bureau:
41-48 (a) The number of teachers employed;
42-1 (b) The number of teachers employed in order to attain the ratio
42-2 required by subsection 1;
42-3 (c) The number of pupils enrolled; and
42-4 (d) The number of teachers assigned to teach in the same classroom
42-5 with another teacher or in any other arrangement other than one teacher
42-6 assigned to one classroom of pupils,
42-7 during the current school year in kindergarten and grades 1, 2 and 3 for
42-8 each school district.
42-9 6. The provisions of this section do not apply to a charter school[.] or
42-10 to a program of distance education provided pursuant to sections 31 to
42-11 44, inclusive, of this act.
42-12 Sec. 48. NRS 389.017 is hereby amended to read as follows:
42-13 389.017 1. The state board shall [prescribe] adopt regulations
42-14 requiring that each board of trustees of a school district and each governing
42-15 body of a charter school submit to the superintendent of public instruction
42-16 and the department, in the form and manner prescribed by the
42-17 superintendent, the results of achievement and proficiency examinations
42-18 given in the 4th, 8th, 10th and 11th grades to public school pupils of the
42-19 district and charter schools. The state board shall not include in the
42-20 regulations any provision which would violate the confidentiality of the
42-21 test scores of any individual pupil.
42-22 2. The results of examinations must be reported for each school,
42-23 including, without limitation, each charter school, school district and this
42-24 state , as follows:
42-25 (a) The average score, as defined by the department, of pupils who took
42-26 the examinations under regular testing conditions; and
42-27 (b) The average score, as defined by the department, of pupils who took
42-28 the examinations with modifications or accommodations approved by the
42-29 private entity that created the examination or, if the department created the
42-30 examination, the department, if such reporting does not violate the
42-31 confidentiality of the test scores of any individual pupil.
42-32 3. The department shall adopt regulations prescribing the requirements
42-33 for reporting the scores of pupils who:
42-34 (a) Took the examinations under conditions that were not approved by
42-35 the private entity that created the examination or, if the department created
42-36 the examination, by the department;
42-37 (b) Are enrolled in special schools for children with disabilities;
42-38 (c) Are enrolled in an alternative program for the education of pupils at
42-39 risk of dropping out of high school[;] , including, without limitation, a
42-40 program of distance education that is provided to pupils who are at risk
42-41 of dropping out of high school pursuant to sections 31 to 44, inclusive, of
42-42 this act; or
42-43 (d) Are detained in a:
42-44 (1) Youth training center;
42-45 (2) Youth center;
42-46 (3) Juvenile forestry camp;
42-47 (4) Detention home;
42-48 (5) Youth camp;
42-49 (6) Juvenile correctional institution; or
43-1 (7) Correctional institution.
43-2 The scores reported pursuant to this subsection must not be included in the
43-3 average scores reported pursuant to subsection 2.
43-4 4. Not later than 10 days after the department receives the results of
43-5 the achievement and proficiency examinations, the department shall
43-6 transmit a copy of the results of the examinations administered pursuant to
43-7 NRS 389.015 to the legislative bureau of educational accountability and
43-8 program evaluation in a manner that does not violate the confidentiality of
43-9 the test scores of any individual pupil.
43-10 5. On or before November 1 of each year, each school district and each
43-11 charter school shall report to the department the following information for
43-12 each examination administered in the public schools in the school district
43-13 or charter school:
43-14 (a) The examination administered;
43-15 (b) The grade level or levels of pupils to whom the examination was
43-16 administered;
43-17 (c) The costs incurred by the school district or charter school in
43-18 administering each examination; and
43-19 (d) The purpose, if any, for which the results of the examination are
43-20 used by the school district or charter school.
43-21 On or before December 1 of each year, the department shall transmit to the
43-22 budget division of the department of administration and the fiscal analysis
43-23 division of the legislative counsel bureau the information submitted to the
43-24 department pursuant to this subsection.
43-25 6. The superintendent of schools of each school district and the
43-26 governing body of each charter school shall certify that the number of
43-27 pupils who took the examinations required pursuant to NRS 389.015 is
43-28 equal to the number of pupils who are enrolled in each school in the school
43-29 district or in the charter school who are required to take the examinations
43-30 except for those pupils who are exempt from taking the examinations. A
43-31 pupil may be exempt from taking the examinations if:
43-32 (a) His primary language is not English and his proficiency in the
43-33 English language is below the level that the state board determines is
43-34 proficient, as measured by an assessment of proficiency in the English
43-35 language prescribed by the state board pursuant to subsection 8; or
43-36 (b) He is enrolled in a program of special education pursuant to NRS
43-37 388.440 to 388.520, inclusive, and his program of special education
43-38 specifies that he is exempt from taking the examinations.
43-39 7. In addition to the information required by subsection 5, the
43-40 superintendent of public instruction shall:
43-41 (a) Report the number of pupils who were not exempt from taking the
43-42 examinations but were absent from school on the day that the examinations
43-43 were administered; and
43-44 (b) Reconcile the number of pupils who were required to take the
43-45 examinations with the number of pupils who were exempt from taking the
43-46 examinations or absent from school on the day that the examinations were
43-47 administered.
43-48 8. The state board shall prescribe an assessment of proficiency in the
43-49 English language for pupils whose primary language is not English to
44-1 determine which pupils are exempt from the examinations pursuant to
44-2 paragraph (a) of subsection 6.
44-3 Sec. 49. NRS 389.155 is hereby amended to read as follows:
44-4 389.155 1. The state board shall, by regulation, establish a program
44-5 pursuant to which a pupil enrolled full time in high school may complete
44-6 any required or elective course by independent study outside of the normal
44-7 classroom setting. A program of independent study provided pursuant to
44-8 this section may be offered through a program of distance education
44-9 pursuant to sections 31 to 44, inclusive, of this act.
44-10 2. The regulations must require that:
44-11 (a) The teacher of the course assign to the pupil the work assignments
44-12 necessary to complete the course; and
44-13 (b) The pupil and teacher meet or otherwise communicate with each
44-14 other at least once each week during the course to discuss the pupil’s
44-15 progress.
44-16 3. The board of trustees in each school district may, in accordance with
44-17 the regulations adopted pursuant to subsections 1 and 2, provide for
44-18 independent study by pupils enrolled full time in high schools in its district.
44-19 A board of trustees that chooses to allow such study may provide that:
44-20 (a) The pupils participating in the independent study be given
44-21 instruction individually or in a group.
44-22 (b) The independent study be offered during the regular school day.
44-23 Sec. 50. NRS 389.560 is hereby amended to read as follows:
44-24 389.560 1. The state board shall adopt regulations that require the
44-25 board of trustees of each school district and the governing body of each
44-26 charter school to submit to the superintendent of public instruction, the
44-27 department and the council, in the form and manner prescribed by the
44-28 superintendent, the results of the examinations administered pursuant to
44-29 NRS 389.550. The state board shall not include in the regulations any
44-30 provision that would violate the confidentiality of the test scores of an
44-31 individual pupil.
44-32 2. The results of the examinations must be reported for each school,
44-33 including, without limitation, each charter school, school district and this
44-34 state, as follows:
44-35 (a) The percentage of pupils who have demonstrated proficiency, as
44-36 defined by the department, and took the examinations under regular testing
44-37 conditions; and
44-38 (b) The percentage of pupils who have demonstrated proficiency, as
44-39 defined by the department, and took the examinations with modifications
44-40 or accommodations approved by the private entity that created the
44-41 examination or, if the department created the examination, the department,
44-42 if such reporting does not violate the confidentiality of the test scores of
44-43 any individual pupil.
44-44 3. The department shall adopt regulations prescribing the requirements
44-45 for reporting the results of pupils who:
44-46 (a) Took the examinations under conditions that were not approved by
44-47 the private entity that created the examination or, if the department created
44-48 the examination, by the department;
44-49 (b) Are enrolled in special schools for children with disabilities;
45-1 (c) Are enrolled in an alternative program for the education of pupils at
45-2 risk of dropping out of high school[;] , including, without limitation, a
45-3 program of distance education that is provided to pupils who are at risk
45-4 of dropping out of high school pursuant to sections 31 to 44, inclusive, of
45-5 this act; or
45-6 (d) Are detained in a:
45-7 (1) Youth training center;
45-8 (2) Youth center;
45-9 (3) Juvenile forestry camp;
45-10 (4) Detention home;
45-11 (5) Youth camp;
45-12 (6) Juvenile correctional institution; or
45-13 (7) Correctional institution.
45-14 The results reported pursuant to this subsection must not be included in the
45-15 percentage of pupils reported pursuant to subsection 2.
45-16 4. Not later than 10 days after the department receives the results of
45-17 the examinations, the department shall transmit a copy of the results to the
45-18 legislative bureau of educational accountability and program evaluation in
45-19 a manner that does not violate the confidentiality of the test scores of any
45-20 individual pupil.
45-21 5. On or before November 1 of each year, each school district and each
45-22 charter school shall report to the department the following information for
45-23 each examination administered in the public schools in the school district
45-24 or charter school:
45-25 (a) The examination administered;
45-26 (b) The grade level or levels of pupils to whom the examination was
45-27 administered;
45-28 (c) The costs incurred by the school district or charter school in
45-29 administering each examination; and
45-30 (d) The purpose, if any, for which the results of the examination are
45-31 used by the school district or charter school.
45-32 On or before December 1 of each year, the department shall transmit to the
45-33 budget division of the department of administration and the fiscal analysis
45-34 division of the legislative counsel bureau the information submitted to the
45-35 department pursuant to this subsection.
45-36 6. The superintendent of schools of each school district and the
45-37 governing body of each charter school shall certify that the number of
45-38 pupils who took the examinations is equal to the number of pupils who are
45-39 enrolled in each school in the school district or in the charter school who
45-40 are required to take the examinations, except for those pupils who are
45-41 exempt from taking the examinations. A pupil may be exempt from taking
45-42 the examinations if:
45-43 (a) His primary language is not English and his proficiency in the
45-44 English language is below the level that the state board determines is
45-45 proficient, as measured by an assessment of proficiency in the English
45-46 language prescribed by the state board pursuant to subsection 8; or
45-47 (b) He is enrolled in a program of special education pursuant to NRS
45-48 388.440 to 388.520, inclusive, and his program of special education
45-49 specifies that he is exempt from taking the examinations.
46-1 7. In addition to the information required by subsection 5, the
46-2 superintendent of public instruction shall:
46-3 (a) Report the number of pupils who were not exempt from taking the
46-4 examinations but were absent from school on the day that the examinations
46-5 were administered; and
46-6 (b) Reconcile the number of pupils who were required to take the
46-7 examinations with the number of pupils who were exempt from taking the
46-8 examinations or absent from school on the day that the examinations were
46-9 administered.
46-10 8. The state board shall prescribe an assessment of proficiency in the
46-11 English language for pupils whose primary language is not English to
46-12 determine which pupils are exempt from the examinations pursuant to
46-13 paragraph (a) of subsection 6.
46-14 Sec. 51. NRS 392.010 is hereby amended to read as follows:
46-15 392.010 Except as to the attendance of a pupil pursuant to NRS
46-16 392.015 or sections 31 to 44, inclusive, of this act, or a pupil who is
46-17 ineligible for attendance pursuant to NRS 392.4675 and except as
46-18 otherwise provided in NRS 392.264 and 392.268:
46-19 1. The board of trustees of any school district may, with the approval
46-20 of the superintendent of public instruction:
46-21 (a) Admit to the school or schools of the school district any pupil or
46-22 pupils living in an adjoining school district within this state or in an
46-23 adjoining state when the school district of residence in the adjoining state
46-24 adjoins the receiving Nevada school district; or
46-25 (b) Pay tuition for pupils residing in the school district but who attend
46-26 school in an adjoining school district within this state or in an adjoining
46-27 state when the receiving district in the adjoining state adjoins the school
46-28 district of Nevada residence.
46-29 2. With the approval of the superintendent of public instruction, the
46-30 board of trustees of the school district in which the pupil or pupils reside
46-31 and the board of trustees of the school district in which the pupil or pupils
46-32 attend school shall enter into an agreement providing for the payment of
46-33 such tuition as may be agreed upon, but transportation costs must be paid
46-34 by the board of trustees of the school district in which the pupil or pupils
46-35 reside:
46-36 (a) If any are incurred in transporting a pupil or pupils to an adjoining
46-37 school district within the state; and
46-38 (b) If any are incurred in transporting a pupil or pupils to an adjoining
46-39 state, as provided by the agreement.
46-40 3. In addition to the provisions for the payment of tuition and
46-41 transportation costs for pupils admitted to an adjoining school district as
46-42 provided in subsection 2, the agreement may contain provisions for the
46-43 payment of reasonable amounts of money to defray the cost of operation,
46-44 maintenance and depreciation of capital improvements which can be
46-45 allocated to such pupils.
46-46 Sec. 52. NRS 392.035 is hereby amended to read as follows:
46-47 392.035 1. In determining the mobility of pupils in a school, for any
46-48 purpose, the department shall divide the sum of the following numbers by
46-49 the cumulative enrollment in the school:
47-1 (a) The number of late entries or transfers into a school from another
47-2 school, school district or state, after the beginning of the school year;
47-3 (b) The number of pupils reentering the school after having withdrawn
47-4 from the same school; and
47-5 (c) The number of pupils who withdraw for any reason or who are
47-6 dropped for nonattendance.
47-7 2. To determine the cumulative enrollment of the school pursuant to
47-8 subsection 1, the department shall add the total number of pupils enrolled
47-9 in programs of instruction in the school who are included in the count for
47-10 apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to
47-11 (e), inclusive, (g) and (h) of subsection 1 of NRS 387.123 and the number
47-12 of pupils included in paragraphs (a) and (b) of subsection 1.
47-13 3. The department shall develop and distribute to the county school
47-14 districts a form upon which the information necessary to the formula may
47-15 be submitted by the individual schools.
47-16 Sec. 53. NRS 392.040 is hereby amended to read as follows:
47-17 392.040 1. Except as otherwise provided by law, each parent,
47-18 custodial parent, guardian or other person in the State of Nevada having
47-19 control or charge of any child between the ages of 7 and 17 years shall
47-20 send the child to a public school during all the time the public school is in
47-21 session in the school district in which the child resides.
47-22 2. A child who is 5 years of age on or before September 30 of a school
47-23 year may be admitted to kindergarten at the beginning of that school year,
47-24 and his enrollment must be counted for purposes of apportionment. If a
47-25 child is not 5 years of age on or before September 30 of a school year, the
47-26 child must not be admitted to kindergarten.
47-27 3. Except as otherwise provided in subsection 4, a child who is 6 years
47-28 of age on or before September 30 of a school year must:
47-29 (a) If he has not completed kindergarten, be admitted to kindergarten at
47-30 the beginning of that school year; or
47-31 (b) If he has completed kindergarten, be admitted to the first grade at
47-32 the beginning of that school year,
47-33 and his enrollment must be counted for purposes of apportionment. If a
47-34 child is not 6 years of age on or before September 30 of a school year, the
47-35 child must not be admitted to the first grade until the beginning of the
47-36 school year following his sixth birthday.
47-37 4. The parents, custodial parent, guardian or other person within the
47-38 State of Nevada having control or charge of a child who is 6 years of age
47-39 on or before September 30 of a school year may elect for the child not to
47-40 attend kindergarten or the first grade during that year. The parents,
47-41 custodial parent, guardian or other person who makes such an election shall
47-42 file with the board of trustees of the appropriate school district a waiver in
47-43 a form prescribed by the board.
47-44 5. Whenever a child who is 6 years of age is enrolled in a public
47-45 school, each parent, custodial parent, guardian or other person in the State
47-46 of Nevada having control or charge of the child shall send him to the public
47-47 school during all the time the school is in session. This requirement for
47-48 attendance does not apply to any child under the age of 7 years who has not
48-1 yet been enrolled or has been formally withdrawn from enrollment in
48-2 public school.
48-3 6. A child who is 7 years of age on or before September 30 of a school
48-4 year must:
48-5 (a) If he has completed kindergarten and the first grade, be admitted to
48-6 the second grade.
48-7 (b) If he has completed kindergarten, be admitted to the first grade.
48-8 (c) If the parents, custodial parent, guardian or other person in the State
48-9 of Nevada having control or charge of the child waived the child’s
48-10 attendance from kindergarten pursuant to subsection 4, undergo an
48-11 assessment by the district pursuant to subsection 7 to determine whether
48-12 the child is prepared developmentally to be admitted to the first grade. If
48-13 the district determines that the child is prepared developmentally, he must
48-14 be admitted to the first grade. If the district determines that the child is not
48-15 so prepared, he must be admitted to kindergarten.
48-16 The enrollment of any child pursuant to this subsection must be counted for
48-17 apportionment purposes.
48-18 7. Each school district shall prepare and administer before the
48-19 beginning of each school year a developmental screening test to a child:
48-20 (a) Who is 7 years of age on or before September 30 of the next school
48-21 year; and
48-22 (b) Whose parents waived his attendance from kindergarten pursuant to
48-23 subsection 4,
48-24 to determine whether the child is prepared developmentally to be admitted
48-25 to the first grade. The results of the test must be made available to the
48-26 parents, custodial parent, guardian or other person within the State of
48-27 Nevada having control or charge of the child.
48-28 8. A child who becomes a resident of this state after completing
48-29 kindergarten or beginning first grade in another state in accordance with
48-30 the laws of that state may be admitted to the grade he was attending or
48-31 would be attending had he remained a resident of the other state regardless
48-32 of his age, unless the board of trustees of the school district determines that
48-33 the requirements of this section are being deliberately circumvented.
48-34 9. As used in this section, “kindergarten” includes:
48-35 (a) A kindergarten established by the board of trustees of a school
48-36 district pursuant to NRS 388.060; [and]
48-37 (b) A kindergarten established by the governing body of a charter
48-38 school; and
48-39 (c) An authorized program of instruction for kindergarten offered in a
48-40 child’s home pursuant to NRS 388.060.
48-41 Sec. 54. NRS 392.070 is hereby amended to read as follows:
48-42 392.070 1. Attendance required by the provisions of NRS 392.040
48-43 must be excused when satisfactory written evidence is presented to the
48-44 board of trustees of the school district in which the child resides that the
48-45 child is receiving at home or in some other school equivalent instruction of
48-46 the kind and amount approved by the state board.
48-47 2. The board of trustees of each school district shall provide programs
48-48 of special education and related services for children who are exempt from
48-49 compulsory attendance pursuant to subsection 1 and receive instruction at
49-1 home. The programs of special education and related services required by
49-2 this section must be made available:
49-3 (a) Only if a child would otherwise be eligible for participation in
49-4 programs of special education and related services pursuant to NRS
49-5 388.440 to 388.520, inclusive;
49-6 (b) In the same manner that the board of trustees provides, as required
49-7 by 20 U.S.C. § 1412, for the participation of pupils with disabilities who
49-8 are enrolled in private schools within the school district voluntarily by their
49-9 parents or legal guardians; and
49-10 (c) In accordance with the same requirements set forth in 20 U.S.C. §
49-11 1412 which relate to the participation of pupils with disabilities who are
49-12 enrolled in private schools within the school district voluntarily by their
49-13 parents or legal guardians.
49-14 3. Except as otherwise provided in subsection 2 for programs of
49-15 special education and related services[,] and subsection 5 for programs of
49-16 distance education, upon the request of a parent or legal guardian of a
49-17 child who is enrolled in a private school or who receives instruction at
49-18 home, the board of trustees of the school district in which the child resides
49-19 shall authorize the child to participate in a class that is not available to the
49-20 child at the private school or home school or participate in an
49-21 extracurricular activity, excluding sports, at a public school within the
49-22 school district if:
49-23 (a) Space for the child in the class or extracurricular activity is
49-24 available; and
49-25 (b) The parent or legal guardian demonstrates to the satisfaction of the
49-26 board of trustees that the child is qualified to participate in the class or
49-27 extracurricular activity.
49-28 If the board of trustees of a school district authorizes a child to participate
49-29 in a class or extracurricular activity, excluding sports, pursuant to this
49-30 subsection, the board of trustees is not required to provide transportation
49-31 for the child to attend the class or activity.
49-32 4. The board of trustees of a school district may revoke its approval for
49-33 a pupil to participate in a class or extracurricular activity at a public school
49-34 pursuant to subsection 3 if the board of trustees or the public school
49-35 determines that the pupil has failed to comply with applicable statutes, or
49-36 applicable rules and regulations of the board of trustees. If the board of
49-37 trustees revokes its approval, neither the board of trustees nor the public
49-38 school are liable for any damages relating to the denial of services to the
49-39 pupil.
49-40 5. The board of trustees of a school district or the governing body of
49-41 a charter school that provides a program of distance education pursuant
49-42 to sections 31 to 44, inclusive, of this act shall, upon the request of a
49-43 parent or legal guardian of a child who is enrolled in a private school or
49-44 who receives instruction at home, authorize the child to participate in a
49-45 class offered through the program of distance education that is not
49-46 available to the child at the private school or home school or to
49-47 participate in an extracurricular activity offered through the program of
49-48 distance education if:
50-1 (a) Space for the child in the class or extracurricular activity is
50-2 available; and
50-3 (b) The parent or legal guardian demonstrates to the satisfaction of
50-4 the board of trustees or governing body, as applicable, that the child
50-5 is qualified to participate in the class or extracurricular
50-6 activity.
50-7 If the board of trustees or governing body, as applicable, authorizes a
50-8 child to participate in a class or extracurricular activity pursuant to this
50-9 subsection, the board of trustees or governing body is not required to
50-10 provide transportation for the child to participate in the class or activity.
50-11 6. If the board of trustees of a school district other than the school
50-12 district in which a child resides or the governing body of a charter school
50-13 authorizes a child to participate in a class or extracurricular activity
50-14 pursuant to subsection 5, the board of trustees or governing body, as
50-15 applicable, shall provide written notice of the authorization to the board
50-16 of trustees of the school district in which the child resides. Upon receipt
50-17 of the written notice, the board of trustees of the school district in which
50-18 the child resides shall enter into a written agreement with the board of
50-19 trustees or governing body that provides the program of distance
50-20 education. A separate agreement must be prepared for each year that a
50-21 child participates in a class or extracurricular activity offered through a
50-22 program of distance education. The written agreement must:
50-23 (a) Contain a statement prepared by the board of trustees of the school
50-24 district in which the child resides indicating that the board of trustees
50-25 understands that the child will be included in the calculation of basic
50-26 support for the school district pursuant to subparagraph (7) of paragraph
50-27 (a) of subsection 1 of NRS 387.1233 and that the superintendent of
50-28 public instruction will make appropriate adjustments in the
50-29 apportionments to the school district pursuant to NRS 387.124 to account
50-30 for the child’s enrollment in the program of distance education;
50-31 (b) Contain a statement prepared by the board of trustees of the school
50-32 district in which the child resides and the board of trustees or governing
50-33 body that provides the program of distance education setting forth the
50-34 percentage of the total time services will be provided to the child through
50-35 the program of distance education per school day in proportion to the
50-36 total time services are provided during a school day to pupils who are
50-37 counted pursuant to subparagraph (2) of paragraph (a) of subsection 1
50-38 of NRS 387.1233 for the school district in which the pupil resides;
50-39 (c) Be signed by the board of trustees of the school district in which
50-40 the child resides and the board of trustees or governing body, as
50-41 applicable, that provides the program of distance education; and
50-42 (d) Include any other information required by the state board by
50-43 regulation.
50-44 7. On or before September 1 of each year, a written agreement must
50-45 be filed with the superintendent of public instruction for each child who
50-46 participates in a program of distance education pursuant to subsection 5.
50-47 The superintendent of public instruction shall apportion money for that
50-48 child in accordance with subsection 4 of NRS 387.124 regardless of
50-49 whether an agreement has been filed as required by this section if the
51-1 child was included in the count for basic support pursuant to NRS
51-2 387.1233.
51-3 8. The board of trustees of a school district or the governing body of
51-4 a charter school, as applicable, may revoke its approval for a child to
51-5 participate in a class or extracurricular activity pursuant to subsection 5
51-6 if the board of trustees or governing body determines that the child has
51-7 failed to comply with applicable statutes, or applicable rules and
51-8 regulations. If the board of trustees or governing body revokes its
51-9 approval, neither the board of trustees or governing body, as applicable,
51-10 nor the program of distance education is liable for any damages relating
51-11 to the denial of services to the child.
51-12 9. The programs of special education and related services required by
51-13 subsection 2 may be offered at a public school or another location that is
51-14 appropriate.
51-15 [6.] 10. The department may adopt such regulations as are necessary
51-16 for the boards of trustees of school districts to provide the programs of
51-17 special education and related services required by subsection 2.
51-18 [7.] 11. As used in this section, “related services” has the meaning
51-19 ascribed to it in 20 U.S.C. § 1401(22).
51-20 Sec. 55. Chapter 361 of NRS is hereby amended by adding thereto a
51-21 new section to read as follows:
51-22 1. All real and personal property that is leased or rented to a charter
51-23 school is hereby deemed to be used for an educational purpose and is
51-24 exempt from taxation. If the property is used partly for the lease or rental
51-25 to a charter school and partly for other purposes, only the portion of the
51-26 property that is used for the lease or rental to a charter school is exempt
51-27 pursuant to this subsection.
51-28 2. To qualify for an exemption pursuant to subsection 1, the property
51-29 owner must provide the county assessor with a copy of the lease or rental
51-30 agreement indicating that:
51-31 (a) The property is leased or rented to the charter school; and
51-32 (b) The amount of payment required by the charter school pursuant to
51-33 the agreement is reduced in an amount which is at least equal to the
51-34 amount of the tax that would have been imposed if the property were not
51-35 exempt pursuant to subsection 1.
51-36 Sec. 56. NRS 361.065 is hereby amended to read as follows:
51-37 361.065 All lots, buildings and other school property owned by any
51-38 legally created school district or charter school within the state and
51-39 devoted to public school purposes are exempt from taxation.
51-40 Sec. 57. 1. The department of education shall transfer from the state
51-41 distributive school account to the fund for charter schools created by
51-42 section 5 of this act, the sum of $100,000.
51-43 2. The department shall use the money transferred pursuant to
51-44 subsection 1 to make loans to charter schools pursuant to sections 5, 6 and
51-45 7 of this act.
51-46 Sec. 58. 1. There is hereby appropriated from the state general fund
51-47 to the legislative fund the sum of $10,000 for use by the legislative bureau
51-48 of educational accountability and program evaluation to hire a consultant to
51-49 conduct case study evaluations of charter schools within this state.
52-1 2. The consultant hired by the bureau shall conduct on-site evaluations
52-2 of not more than eight charter schools within this state selected by the
52-3 bureau for evaluation. On or before February 1, 2003, the consultant shall
52-4 submit a written report to the bureau that includes for each charter school
52-5 which was evaluated:
52-6 (a) A description of the charter school;
52-7 (b) A description of the academic achievement and progress of pupils
52-8 who are enrolled in the charter school;
52-9 (c) A description of the demographics of the pupils who are enrolled in
52-10 the charter school;
52-11 (d) An overview of the curriculum for each grade level taught at the
52-12 charter school;
52-13 (e) A description of the system of governance of the charter school,
52-14 including, without limitation, an explanation of the process by which
52-15 decisions are made;
52-16 (f) A description of the financial plan for the charter school;
52-17 (g) An identification and evaluation of the accomplishments of the
52-18 charter school;
52-19 (h) An identification and evaluation of the factors that hindered the
52-20 progress of the charter school in achieving the academic or educational
52-21 results set forth in its application to form a charter school;
52-22 (i) A summary of the practices of the charter school that offer an
52-23 example for other charter schools within this state; and
52-24 (j) Any recommendations for legislation based upon the results of the
52-25 evaluation.
52-26 3. The bureau shall submit a copy of the written evaluation, including
52-27 any recommendations for legislation, to the 72nd session of the Nevada
52-28 legislature.
52-29 Sec. 59. 1. Except as otherwise provided in an act apportioning the
52-30 state distributive school account, the state board of education shall allocate
52-31 in each fiscal year of the 2001-2003 biennium to charter schools whose
52-32 enrollment includes pupils who receive special education, not fewer than 5
52-33 special education program units that it is otherwise required to reserve. A
52-34 charter school must apply to the department of education for an allocation
52-35 of special education program units pursuant to this subsection.
52-36 2. Any unused allocations of the special education program units
52-37 reserved for charter schools pursuant to subsection 1 may be reallocated by
52-38 the superintendent of public instruction to school districts.
52-39 Sec. 60. Notwithstanding the amendatory provisions of this act, the
52-40 board of trustees of a school district that has entered into a written charter
52-41 with a charter school before July 1, 2001, shall continue to sponsor the
52-42 charter school for the duration of the charter. The governing body of a
52-43 charter school may submit a written request for an amendment of the
52-44 written charter of the charter school in accordance with the amendatory
52-45 provisions of this act. If the proposed amendment complies with NRS
52-46 386.500 to 386.610, inclusive, and sections 4 to 7, inclusive, of this act,
52-47 and any other statutes applicable to charter schools, the sponsor of the
52-48 charter school shall amend the written charter in accordance with the
52-49 proposed amendment.
53-1 Sec. 61. The state board of education shall consider sponsorship of
53-2 charter schools in accordance with the amendatory provisions of section 11
53-3 of this act for schools that will commence operation during or after the
53-4 2002-2003 school year.
53-5 Sec. 62. 1. On or before December 1, 2001, the state board of
53-6 education shall submit a draft of the regulations required by section 44 of
53-7 this act to the legislative committee on education for the review and
53-8 comment of the committee.
53-9 2. On or before February 1, 2002, the legislative committee on
53-10 education shall review the draft regulations and provide comment to the
53-11 state board.
53-12 3. On or before April 1, 2002, the state board shall adopt final
53-13 regulations required by section 44 of this act.
53-14 Sec. 63. The state board of education shall accept applications to
53-15 provide programs of distance education in accordance with section 36 of
53-16 this act for programs that will commence operation with the 2002-2003
53-17 school year. If any deadlines contained within the regulations adopted by
53-18 the state board pursuant to section 44 of this act prohibit a school district or
53-19 charter school from submitting an application for the 2002-2003 school
53-20 year, the state board shall grant a shorter period of time for the school
53-21 district or charter school to submit an application for the 2002-2003 school
53-22 year notwithstanding the provisions of those regulations.
53-23 Sec. 64. If a school district provides, before the effective date of this
53-24 act, a program that includes distance education in accordance with all
53-25 applicable statutes and regulations, the school district may continue to offer
53-26 that program for the 2001-2002 school year if the school district provides
53-27 written notice to the state board of education on or before July 1, 2001.
53-28 After the 2001-2002 school year, the school district must comply with
53-29 sections 31 to 44, inclusive, of this act, if it desires to continue the
53-30 program.
53-31 Sec. 65. The department of education shall provide the financial
53-32 support necessary for the school districts and charter schools to incorporate
53-33 charter schools into the statewide automated system of information
53-34 concerning pupils pursuant to the amendatory provisions of sections 23 and
53-35 24 of this act.
53-36 Sec. 66. 1. This section and sections 3 to 22, inclusive, 35, 44, 53
53-37 and 55 to 65, inclusive, of this act become effective on July 1, 2001.
53-38 2. Sections 1, 2, 25 to 34, inclusive, 36 to 43, inclusive, 45 to 52,
53-39 inclusive, and 54 of this act become effective on July 1, 2002.
53-40 3. Sections 23 and 24 of this act become effective on July 1, 2003.
53-41 H