(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND 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 charter schools and authorizes programs of distance education. (BDR 34‑382)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: 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).
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,
2-1 without limitation, pupils enrolled in charter schools in the school district.
2-2 The board of trustees of a school district shall report the information
2-3 required by subsection 2 for each charter school within the school
2-4 district, regardless of the sponsor of the charter school.
2-5 2. The board of trustees of each school district shall, on or before
2-6 March 31 of each year, report to the residents of the district concerning:
2-7 (a) The educational goals and objectives of the school district.
2-8 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the
2-9 district and the district as a whole, including, without limitation, each
2-10 charter school in the district.
2-11 Unless otherwise directed by the department, the board of trustees of the
2-12 district shall base its report on the results of the examinations administered
2-13 pursuant to NRS 389.015 and shall compare the results of those
2-14 examinations for the current school year with those of previous school
2-15 years. The report must include, for each school in the district, including,
2-16 without limitation, each charter school in the district, and each grade in
2-17 which the examinations were administered:
2-18 (1) The number of pupils who took the examinations;
2-19 (2) An explanation of instances in which a school was exempt from
2-20 administering or a pupil was exempt from taking an examination; and
2-21 (3) A record of attendance for the period in which the examinations
2-22 were administered, including an explanation of any difference in the
2-23 number of pupils who took the examinations and the number of pupils who
2-24 are enrolled in the school.
2-25 In addition, the board shall also report the results of other examinations of
2-26 pupil achievement administered to pupils in the school district in grades
2-27 other than 4, 8, 10 and 11. The results of these examinations for the current
2-28 school year must be compared with those of previous school years.
2-29 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-30 level for each elementary school in the district and the district as a whole,
2-31 including, without limitation, each charter school in the district, the
2-32 average class size for each required course of study for each secondary
2-33 school in the district and the district as a whole, including, without
2-34 limitation, each charter school in the district, and other data concerning
2-35 licensed and unlicensed employees of the school district.
2-36 (d) The percentage of classes taught by teachers who have been
2-37 assigned to teach English, mathematics, science or social studies but do not
2-38 possess a license with an endorsement to teach in that subject area, for each
2-39 school in the district and the district as a whole, including, without
2-40 limitation, each charter school in the district.
2-41 (e) The total expenditure per pupil for each school in the district and the
2-42 district as a whole, including, without limitation, each charter school in the
2-43 district.
2-44 (f) The curriculum used by the school district, including:
2-45 (1) Any special programs for pupils at an individual school; and
2-46 (2) The curriculum used by each charter school in the district.
2-47 (g) Records of the attendance and truancy of pupils in all grades,
2-48 including, without limitation, the average daily attendance of pupils, for
3-1 each school in the district and the district as a whole, including, without
3-2 limitation, each charter school in the district.
3-3 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
3-4 inclusive, for each such grade, for each school in the district and for the
3-5 district as a whole, excluding pupils who:
3-6 (1) Provide proof to the school district of successful completion of
3-7 the examinations of general educational development.
3-8 (2) Are enrolled in courses that are approved by the department as
3-9 meeting the requirements for an adult standard diploma.
3-10 (3) Withdraw from school to attend another school.
3-11 (i) Records of attendance of teachers who provide instruction, for each
3-12 school in the district and the district as a whole, including, without
3-13 limitation, each charter school in the district.
3-14 (j) Efforts made by the school district and by each school in the district,
3-15 including, without limitation, each charter school in the district, to
3-16 increase:
3-17 (1) Communication with the parents of pupils in the district; and
3-18 (2) The participation of parents in the educational process and
3-19 activities relating to the school district and each school, including, without
3-20 limitation, the existence of parent organizations and school advisory
3-21 committees.
3-22 (k) Records of incidents involving weapons or violence for each school
3-23 in the district, including, without limitation, each charter school in the
3-24 district.
3-25 (l) Records of incidents involving the use or possession of alcoholic
3-26 beverages or controlled substances for each school in the district,
3-27 including, without limitation, each charter school in the district.
3-28 (m) Records of the suspension and expulsion of pupils required or
3-29 authorized pursuant to NRS 392.466 and 392.467.
3-30 (n) The number of pupils who are deemed habitual disciplinary
3-31 problems pursuant to NRS 392.4655, for each school in the district and the
3-32 district as a whole, including, without limitation, each charter school in the
3-33 district.
3-34 (o) The number of pupils in each grade who are retained in the same
3-35 grade pursuant to NRS 392.125, for each school in the district and the
3-36 district as a whole, including, without limitation, each charter school in the
3-37 district.
3-38 (p) The transiency rate of pupils for each school in the district and the
3-39 district as a whole, including, without limitation, each charter school in the
3-40 district. For the purposes of this paragraph, a pupil is not transient if he is
3-41 transferred to a different school within the school district as a result of a
3-42 change in the zone of attendance by the board of trustees of the school
3-43 district pursuant to NRS 388.040.
3-44 (q) Each source of funding for the school district.
3-45 (r) The amount and sources of money received for remedial education
3-46 for each school in the district and the district as a whole, including, without
3-47 limitation, each charter school in the district.
3-48 (s) For each high school in the district, including, without limitation,
3-49 each charter school in the district, the percentage of pupils who graduated
4-1 from that high school or charter school in the immediately preceding year
4-2 and enrolled in remedial courses in reading, writing or mathematics at a
4-3 university or community college within the University and Community
4-4 College System of Nevada.
4-5 (t) The technological facilities and equipment available at each school,
4-6 including, without limitation, each charter school, and the district’s plan to
4-7 incorporate educational technology at each school.
4-8 (u) For each school in the district and the district as a whole, including,
4-9 without limitation, each charter school in the district, the number and
4-10 percentage of pupils who graduate with:
4-11 (1) A standard high school diploma.
4-12 (2) An adjusted diploma.
4-13 (3) A certificate of attendance.
4-14 (v) For each school in the district and the district as a whole, including,
4-15 without limitation, each charter school in the district, the number and
4-16 percentage of pupils who did not receive a high school diploma because the
4-17 pupils failed to pass the high school proficiency examination.
4-18 (w) The number of habitual truants who are reported to a school police
4-19 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-20 2 of NRS 392.144 and the number of habitual truants who are referred to
4-21 an advisory board to review school attendance pursuant to paragraph (b) of
4-22 subsection 2 of NRS 392.144, for each school in the district and for the
4-23 district as a whole.
4-24 (x) The amount and sources of money received for the training and
4-25 professional development of teachers and other educational personnel for
4-26 each school in the district and for the district as a whole, including, without
4-27 limitation, each charter school in the district.
4-28 (y) Such other information as is directed by the superintendent of public
4-29 instruction.
4-30 3. The records of attendance maintained by a school for purposes of
4-31 paragraph (i) of subsection 2 must include the number of teachers who are
4-32 in attendance at school and the number of teachers who are absent from
4-33 school. A teacher shall be deemed in attendance if the teacher is excused
4-34 from being present in the classroom by the school in which he is employed
4-35 for one of the following reasons:
4-36 (a) Acquisition of knowledge or skills relating to the professional
4-37 development of the teacher; or
4-38 (b) Assignment of the teacher to perform duties for cocurricular or
4-39 extracurricular activities of pupils.
4-40 4. The superintendent of public instruction shall:
4-41 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-42 provide the forms to the respective school districts.
4-43 (b) Provide statistical information and technical assistance to the school
4-44 districts to ensure that the reports provide comparable information with
4-45 respect to each school in each district and among the districts.
4-46 (c) Consult with a representative of the:
4-47 (1) Nevada State Education Association;
4-48 (2) Nevada Association of School Boards;
4-49 (3) Nevada Association of School Administrators;
5-1 (4) Nevada Parent Teachers Association;
5-2 (5) Budget division of the department of administration; and
5-3 (6) Legislative counsel bureau,
5-4 concerning the program and consider any advice or recommendations
5-5 submitted by the representatives with respect to the program.
5-6 5. The superintendent of public instruction may consult with
5-7 representatives of parent groups other than the Nevada Parent Teachers
5-8 Association concerning the program and consider any advice or
5-9 recommendations submitted by the representatives with respect to the
5-10 program.
5-11 6. On or before April 15 of each year, the board of trustees of each
5-12 school district shall submit to each advisory board to review school
5-13 attendance created in the county pursuant to NRS 392.126 the information
5-14 required in paragraph (g) of subsection 2.
5-15 Sec. 2. NRS 385.363 is hereby amended to read as follows:
5-16 385.363 1. The department shall, on or before April 1 of each year:
5-17 [1.] (a) Evaluate the information submitted by each school district
5-18 pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
5-19 [2.] (b) Except as otherwise provided in subsection [3] 2 and NRS
5-20 385.364, based upon its evaluation and in accordance with the criteria set
5-21 forth in NRS 385.365 and 385.367, designate each public school within
5-22 each school district as:
5-23 [(a)] (1) Demonstrating exemplary achievement;
5-24 [(b)] (2) Demonstrating high achievement;
5-25 [(c)] (3) Demonstrating adequate achievement; or
5-26 [(d)] (4) Demonstrating need for improvement.
5-27 [3.] 2. The department shall adopt regulations that set forth the
5-28 conditions under which the department will not designate a public school
5-29 pursuant to this section because the school:
5-30 (a) Has too few pupils enrolled in a grade level that is tested pursuant to
5-31 NRS 389.015;
5-32 (b) Serves only pupils with disabilities;
5-33 (c) Operates only as an alternative program for the education of pupils
5-34 at risk of dropping out of high school [;] , including, without limitation, a
5-35 program of distance education for pupils at risk of dropping out of high
5-36 school provided pursuant to sections 35 to 49, inclusive, of this act; or
5-37 (d) Is operated within a:
5-38 (1) Youth training center;
5-39 (2) Youth center;
5-40 (3) Juvenile forestry camp;
5-41 (4) Detention home;
5-42 (5) Youth camp;
5-43 (6) Juvenile correctional institution; or
5-44 (7) Correctional institution.
5-45 Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the
5-46 provisions set forth as sections 4 to 10, inclusive, of this act.
5-47 Sec. 4. The provisions of NRS 386.500 to 386.610, inclusive, and
5-48 sections 4 to 10, inclusive, of this act do not authorize an existing public
6-1 school, home school or other program of home study to convert to a
6-2 charter school.
6-3 Sec. 5. A charter school shall not operate for profit.
6-4 Sec. 6. 1. Unless otherwise authorized by specific statute, it is
6-5 unlawful for a member of the board of trustees of a school district or an
6-6 employee of a school district to solicit or accept any gift or payment of
6-7 money on his own behalf or on behalf of the school district or for any
6-8 other purpose from a member of a committee to form a charter school,
6-9 the governing body of a charter school, or any officer or employee of a
6-10 charter school.
6-11 2. This section does not prohibit the payment of a salary or other
6-12 compensation or income to a member of the board of trustees or an
6-13 employee of a school district for services provided in accordance with a
6-14 contract made pursuant to NRS 386.560.
6-15 3. A person who violates subsection 1 shall be punished for a
6-16 misdemeanor.
6-17 Sec. 7. 1. If a charter school provides instruction to pupils enrolled
6-18 in a high school grade level and the charter school requires those pupils
6-19 to satisfy requirements for graduation from high school that are less than
6-20 the requirements imposed by the school district in which the charter
6-21 school is located, the charter school shall not issue a high school diploma
6-22 of the school district but may issue a high school diploma which clearly
6-23 indicates that it is a diploma issued by a charter school. If a charter
6-24 school requires its pupils to satisfy requirements for graduation from
6-25 high school that meet or exceed the requirements of the school district in
6-26 which the charter school is located, the charter school may issue a high
6-27 school diploma of the school district or a high school diploma of the
6-28 charter school.
6-29 2. A charter school shall submit the form for a diploma of the
6-30 charter school to the department for approval if the form differs from the
6-31 form of the school district in which the charter school is located.
6-32 3. The provisions of this section do not authorize a charter school to
6-33 impose requirements for graduation from high school that are less than
6-34 the requirements of the applicable state statutes and regulations.
6-35 Sec. 8. 1. The fund for charter schools is hereby created in the
6-36 state treasury as a revolving loan fund, to be administered by the
6-37 department.
6-38 2. The money in the revolving fund must be invested as other state
6-39 funds are invested. All interest and income earned on the money in the
6-40 revolving fund must be credited to the revolving fund. Any money
6-41 remaining in the revolving fund at the end of a fiscal year does not revert
6-42 to the state general fund, and the balance in the fund must be carried
6-43 forward.
6-44 3. All payments of principal and interest on all the loans made to a
6-45 charter school from the revolving fund must be deposited in the state
6-46 treasury for credit to the revolving fund.
6-47 4. Claims against the revolving fund must be paid as other claims
6-48 against the state are paid.
7-1 5. The department may accept gifts, grants, bequests and donations
7-2 from any source for deposit in the revolving fund.
7-3 Sec. 9. 1. After deducting the costs directly related to
7-4 administering the fund for charter schools, the department may use the
7-5 money in the fund for charter schools, including repayments of principal
7-6 and interest on loans made from the fund, and interest and income
7-7 earned on money in the fund, only to make loans at or below market rate
7-8 to charter schools for the costs incurred:
7-9 (a) In preparing a charter school to commence its first year of
7-10 operation; and
7-11 (b) To improve a charter school that has been in operation.
7-12 2. The total amount of a loan that may be made to a charter school
7-13 in 1 year must not exceed $25,000.
7-14 Sec. 10. 1. If the governing body of a charter school has a written
7-15 charter issued pursuant to NRS 386.527, the governing body may submit
7-16 an application to the department for a loan from the fund for charter
7-17 schools. An application must include a written description of the manner
7-18 in which the loan will be used to prepare the charter school for its first
7-19 year of operation or to improve a charter school that has been in
7-20 operation.
7-21 2. The department shall, within the limits of money available for use
7-22 in the fund, make loans to charter schools whose applications have been
7-23 approved. If the department makes a loan from the fund, the department
7-24 shall ensure that the contract for the loan includes all terms and
7-25 conditions for repayment of the loan.
7-26 3. The state board:
7-27 (a) Shall adopt regulations that prescribe the:
7-28 (1) Annual deadline for submission of an application to the
7-29 department by a charter school that desires to receive a loan from the
7-30 fund; and
7-31 (2) Period for repayment and the rate of interest for loans made
7-32 from the fund.
7-33 (b) May adopt such other regulations as it deems necessary to carry
7-34 out the provisions of this section and sections 8 and 9 of this act.
7-35 Sec. 11. NRS 386.500 is hereby amended to read as follows:
7-36 386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and
7-37 sections 4 to 10, inclusive, of this act, a pupil is “at risk” if he has an
7-38 economic or academic disadvantage such that he requires special services
7-39 and assistance to enable him to succeed in educational programs. The term
7-40 includes, without limitation, pupils who are members of economically
7-41 disadvantaged families, pupils with limited proficiency in the English
7-42 language, pupils who are at risk of dropping out of high school and pupils
7-43 who do not meet minimum standards of academic proficiency. The term
7-44 does not include a pupil with a disability.
7-45 Sec. 12. NRS 386.505 is hereby amended to read as follows:
7-46 386.505 The legislature declares that by authorizing the formation of
7-47 charter schools it is not authorizing:
7-48 1. The [establishment of a charter school as a justification to keep
7-49 open] conversion of an existing public school [that would otherwise be
8-1 closed;] , home school or other program of home study to a charter
8-2 school.
8-3 2. A means for providing financial assistance for private schools or
8-4 programs of home study . [; or] The provisions of this subsection do not
8-5 preclude a private school from ceasing to operate as a private school and
8-6 reopening as a charter school in compliance with the provisions of NRS
8-7 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act.
8-8 3. The formation of charter schools on the basis of a single race,
8-9 religion or ethnicity.
8-10 Sec. 13. NRS 386.515 is hereby amended to read as follows:
8-11 386.515 1. The board of trustees of a school district may apply to the
8-12 department for authorization to sponsor charter schools within the school
8-13 district. An application must be approved by the department before the
8-14 board of trustees may sponsor a charter school. Not more than 180 days
8-15 after receiving approval to sponsor charter schools, the board of trustees
8-16 shall provide public notice of its ability to sponsor charter schools and
8-17 solicit applications for charter schools.
8-18 2. The state board shall sponsor charter schools whose applications
8-19 have been approved by the state board pursuant to NRS 386.525.
8-20 Sec. 14. NRS 386.520 is hereby amended to read as follows:
8-21 386.520 1. A committee to form a charter school must consist of at
8-22 least three teachers, as defined in [NRS 391.311, alone or in combination
8-23 with:
8-24 (a) Ten or more members] subsection 4. In addition to the teachers
8-25 who serve, the committee may consist of:
8-26 (a) Members of the general public;
8-27 (b) Representatives of [an organization devoted to service to the general
8-28 public;
8-29 (c) Representatives of a private business; or
8-30 (d)] nonprofit organizations and businesses; or
8-31 (c) Representatives of a college or university within the University and
8-32 Community College System of Nevada.
8-33 A majority of the persons described in paragraphs (a), (b) and (c) who
8-34 serve on the committee must be residents of this state at the time that the
8-35 application to form the charter school is submitted to the department.
8-36 2. Before a committee to form a charter school may submit an
8-37 application to the board of trustees of a school district, the subcommittee
8-38 on charter schools or the state board, it must submit the application to the
8-39 department. The application must include all information prescribed by the
8-40 department by regulation and:
8-41 (a) A written description of how the charter school will carry out the
8-42 provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 10,
8-43 inclusive, of this act.
8-44 (b) A written description of the mission and goals for the charter school.
8-45 A charter school must have as its stated purpose at least one of the
8-46 following goals:
8-47 (1) Improving the opportunities for pupils to learn;
8-48 (2) Encouraging the use of effective methods of teaching;
9-1 (3) Providing an accurate measurement of the educational
9-2 achievement of pupils;
9-3 (4) Establishing accountability of public schools;
9-4 (5) Providing a method for public schools to measure achievement
9-5 based upon the performance of the schools; or
9-6 (6) Creating new professional opportunities for teachers.
9-7 (c) The projected enrollment of pupils in the charter school.
9-8 (d) The proposed dates of enrollment for the charter school.
9-9 (e) The proposed system of governance for the charter school,
9-10 including, without limitation, the number of persons who will govern, the
9-11 method of selecting the persons who will govern and the term of office for
9-12 each person.
9-13 (f) The method by which disputes will be resolved between the
9-14 governing body of the charter school and the sponsor of the charter school.
9-15 (g) The proposed curriculum for the charter school [.] and, if applicable
9-16 to the grade level of pupils who are enrolled in the charter school, the
9-17 requirements for the pupils to receive a high school diploma, including,
9-18 without limitation, whether those pupils will satisfy the requirements of
9-19 the school district in which the charter school is located for receipt of a
9-20 high school diploma.
9-21 (h) The textbooks that will be used at the charter school.
9-22 (i) The qualifications of the persons who will provide instruction at the
9-23 charter school.
9-24 (j) Except as otherwise required by NRS 386.595, the process by which
9-25 the governing body of the charter school will negotiate employment
9-26 contracts with the employees of the charter school.
9-27 (k) A financial plan for the operation of the charter school. The plan
9-28 must include, without limitation, procedures for the audit of the programs
9-29 and finances of the charter school and guidelines for determining the
9-30 financial liability if the charter school is unsuccessful.
9-31 (l) A statement of whether the charter school will provide for the
9-32 transportation of pupils to and from the charter school. If the charter school
9-33 will provide transportation, the application must include the proposed plan
9-34 for the transportation of pupils. If the charter school will not provide
9-35 transportation, the application must include a statement that the charter
9-36 school will work with the parents and guardians of pupils enrolled in the
9-37 charter school to develop a plan for transportation to ensure that pupils
9-38 have access to transportation to and from the charter school.
9-39 (m) The procedure for the evaluation of teachers of the charter school, if
9-40 different from the procedure prescribed in NRS 391.3125. If the procedure
9-41 is different from the procedure prescribed in NRS 391.3125, the procedure
9-42 for the evaluation of teachers of the charter school must provide the same
9-43 level of protection and otherwise comply with the standards for evaluation
9-44 set forth in NRS 391.3125.
9-45 (n) The time by which certain academic or educational results will be
9-46 achieved.
9-47 (o) The kind of school, as defined in subsections 1 to 4, inclusive, of
9-48 NRS 388.020, for which the charter school intends to operate.
10-1 3. The department shall review an application to form a charter school
10-2 to determine whether it is complete. If an application proposes to convert
10-3 an existing public school, home school or other program of home study
10-4 into a charter school, the department shall deny the application. The
10-5 department shall provide written notice to the applicant of its approval or
10-6 denial of the application. If the department denies an application, the
10-7 department shall include in the written notice the reason for the denial and
10-8 the deficiencies in the application. The applicant must be granted 30 days
10-9 after receipt of the written notice to correct any deficiencies identified in
10-10 the written notice and resubmit the application.
10-11 4. As used in subsection 1, “teacher” means a person who:
10-12 (a) Holds a current license to teach issued pursuant to chapter 391 of
10-13 NRS; and
10-14 (b) Has at least 2 years of experience as an employed
10-15 teacher.
10-16 The term does not include a person who is employed as a substitute
10-17 teacher.
10-18 Sec. 15. NRS 386.525 is hereby amended to read as follows:
10-19 386.525 1. Upon approval of an application by the department, a
10-20 committee to form a charter school may submit the application to the board
10-21 of trustees of the school district in which the proposed charter school will
10-22 be located. If applicable, a committee may submit an application directly
10-23 to the subcommittee on charter schools pursuant to subsection 4. If the
10-24 board of trustees of a school district receives an application to form a
10-25 charter school, it shall consider the application at [its next] a regularly
10-26 scheduled meeting [, but] that must be held not later than [14] 30 days
10-27 after the receipt of the application, and ensure that notice of the meeting
10-28 has been provided pursuant to chapter 241 of NRS. The board of trustees ,
10-29 the subcommittee on charter schools or the state board, as applicable,
10-30 shall review [the] an application to determine whether the application:
10-31 (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to
10-32 10, inclusive, of this act and the regulations applicable to charter schools;
10-33 and
10-34 (b) Is complete in accordance with the regulations of the department.
10-35 2. The department shall assist the board of trustees of a school district
10-36 in the review of an application. The board of trustees [shall] may approve
10-37 an application if it satisfies the requirements of paragraphs (a) and (b) of
10-38 subsection 1. The board of trustees shall provide written notice to the
10-39 applicant of its approval or denial of the application.
10-40 3. If the board of trustees denies an application, it shall include in the
10-41 written notice the reasons for the denial and the deficiencies in the
10-42 application. The applicant must be granted 30 days after receipt of the
10-43 written notice to correct any deficiencies identified in the written notice
10-44 and resubmit the application.
10-45 4. If the board of trustees denies an application after it has been
10-46 resubmitted pursuant to subsection 3, the applicant may submit a written
10-47 request for sponsorship by the state board to thesubcommittee on charter
10-48 schools created pursuant to NRS 386.507 [,] not more than 30 days after
10-49 receipt of the written notice of denial . [, to direct the board of trustees to
11-1 reconsider the application. The subcommittee shall consider requests for
11-2 reconsideration in the order in which they are received.] If an applicant
11-3 proposes to form a charter school exclusively for the enrollment of pupils
11-4 who receive special education pursuant to NRS 388.440 to 388.520,
11-5 inclusive, the applicant may submit the written request and application
11-6 directly to the subcommittee without first seeking approval from the
11-7 board of trustees of a school district. Any request that is submitted
11-8 pursuant to this subsection must be accompanied by the application to
11-9 form the charter school.
11-10 5. If the subcommittee receives [such a request,] a request pursuant to
11-11 subsection 4, it shall hold a meeting to considerthe request [at its next
11-12 regularly scheduled meeting and ensure that notice] and the application.
11-13 The meeting must be held not later than 30 days after receipt of the
11-14 application. Notice of the meeting [is] must be posted in accordance with
11-15 chapter 241 of NRS. [Not more than 30 days after the meeting, the
11-16 subcommittee shall provide written notice of its determination to the
11-17 applicant and to the board of trustees. If the subcommittee denies the
11-18 request for reconsideration, the applicant may, not more than 30 days after
11-19 the receipt of the written notice from the subcommittee, appeal the
11-20 determination to the district court of the county in which the proposed
11-21 charter school will be located.
11-22 5. If the subcommittee on charter schools grants a request to direct
11-23 reconsideration, the written notice to the board of trustees of the school
11-24 district that denied the application must include, without limitation,
11-25 instructions to the board of trustees concerning the reconsideration of the
11-26 application. Not more than 30 days after receipt of the written notice from
11-27 the subcommittee directing the reconsideration, the board of trustees shall
11-28 reconsider the application in accordance with the instructions of the
11-29 subcommittee, make a final determination on the application and provide
11-30 written notice of the determination to the applicant. If, upon
11-31 reconsideration of the application, the board of trustees] The subcommittee
11-32 shall review the application in accordance with the factors set forth in
11-33 paragraphs (a) and (b) of subsection 1. The subcommittee shall approve
11-34 an application if it satisfies the requirements of paragraphs (a) and (b) of
11-35 subsection 1.
11-36 6. The subcommittee shall transmit the application and the
11-37 recommendation of the subcommittee for approval or denial of the
11-38 application to the state board. Not more than 14 days after the date of the
11-39 meeting of the subcommittee pursuant to subsection 5, the state board
11-40 shall hold a meeting to consider the recommendation of the
11-41 subcommittee. Notice of the meeting must be posted in accordance with
11-42 chapter 241 of NRS. The state board shall review the application in
11-43 accordance with the factors set forth in paragraphs (a) and (b) of
11-44 subsection 1. The state board shall approve an application if it satisfies
11-45 the requirements of paragraphs (a) and (b) of subsection 1. Not more
11-46 than 30 days after the meeting, the state board shall provide written
11-47 notice of its determination to the applicant.
11-48 7. If the state board denies the application, the applicant may, not
11-49 more than 30 days after the receipt of the written notice from the [board of
12-1 trustees,] state board, appeal the final determination to the district court of
12-2 the county in which the proposed charter school will be located.
12-3 Sec. 16. NRS 386.527 is hereby amended to read as follows:
12-4 386.527 1. [Except as otherwise provided in subsection 3, if] If the
12-5 state board or the boardof trustees of a school district approves an
12-6 application to form a charter school, it shall grant a written charter to the
12-7 applicant. The state board or the board of trustees , as applicable, shall,
12-8 not later than 10 days after the approval of the application, provide written
12-9 notice to the department of the approval and the date of the approval. [The]
12-10 If the board of trustees [that] approves the application , the board of
12-11 trustees shall be deemed the sponsor of the charter school. [A] If the state
12-12 board approves the application:
12-13 (a) The state board shall be deemed the sponsor of the charter school.
12-14 (b) Neither the State of Nevada, the state board nor the department is
12-15 an employer of the members of the governing body of the charter school
12-16 or any of the employees of the charter school.
12-17 2. Except as otherwise provided in subsection 4, a written charter
12-18 must be for a term of 6 years unless the governing body of a charter school
12-19 renews its initial charter after 3 years of operation pursuant to subsection 2
12-20 of NRS 386.530. A written charter must include all conditions of operation
12-21 set forth in paragraphs (a) to [(n),]
(o), inclusive, of subsection 2 of NRS
12-22 386.520 [.]
and include the kind of school, as
defined in subsections 1 to
12-23 4, inclusive, of NRS 388.020 for which the charter school is authorized to
12-24 operate. If the state board is the sponsor of the charter school, the written
12-25 charter must set forth the responsibilities of the sponsor and the charter
12-26 school with regard to the provision of services and programs to pupils
12-27 with disabilities who are enrolled in the charter school in accordance
12-28 with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
12-29 seq., and NRS 388.440 to 388.520, inclusive. As a condition of the
12-30 issuance of a written charter pursuant to this subsection, the charter school
12-31 must agree to comply with all conditions of operation set forth in NRS
12-32 386.550.
12-33 [2.] 3. The governing body of a charter school may submit to the
12-34 sponsor of the charter school a written request for an amendment of the
12-35 written charter of the charter school. Such an amendment may include,
12-36 without limitation, the expansion of instruction and other educational
12-37 services to pupils who are enrolled in grade levels other than the grade
12-38 levels of pupils currently enrolled in the charter school if the expansion
12-39 of grade levels does not change the kind of school, as defined in NRS
12-40 388.020, for which the charter school is authorized to operate. If the
12-41 proposed amendment complies with the provisions of this section, NRS
12-42 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act,
12-43 and any other statute or regulation applicable to charter schools, the
12-44 sponsor shall amend the written charter in accordance with the proposed
12-45 amendment.
12-46 [3. If the board of trustees of a school district is considering an
12-47 application to form a charter school and determines that the applicant is not
12-48 yet eligible for the issuance of a charter pursuant to subsection 1, it may, if
13-1 applicable, hold the application in abeyance and grant a conditional charter
13-2 to the applicant if the applicant:
13-3 (a) Has not obtained a building, equipment or personnel for the charter
13-4 school; and
13-5 (b) Submits proof satisfactory to the entity which is considering the
13-6 application that acceptance of the application is necessary to obtain the
13-7 building, equipment or personnel for the charter school.
13-8 The board of trustees of a school district that grants a conditional charter
13-9 pursuant to this subsection shall provide written notice to the state board of
13-10 its action.
13-11 4. A conditional charter expires 1 year after its issuance and is
13-12 nonrenewable. The holder of aconditional charter shall not operate a
13-13 charter school and is not eligible to receive any public school money for
13-14 the operation of a charter school. Before the expiration of a conditional
13-15 charter, the holder of the conditional charter may submit a supplemental
13-16 application and request the board of trustees that granted the conditional
13-17 charter to determine whether the holder is eligible for the issuance of a
13-18 charter pursuant to subsection 1. The board of trustees shall consider such a
13-19 request as soon as is practicable.] If a charter school wishes to expand the
13-20 instruction and other educational services offered by the charter school
13-21 to pupils who are enrolled in grade levels other than the grade levels of
13-22 pupils currently enrolled in the charter school and the expansion of
13-23 grade levels changes the kind of school, as defined in NRS 388.020, for
13-24 which the charter school is authorized to operate, the charter school
13-25 must submit a new application to form a charter school.
13-26 4. The state board shall adopt objective criteria for the issuance of a
13-27 written charter to an applicant who is not prepared to commence
13-28 operation on the date of issuance of the written charter. The criteria must
13-29 include, without limitation, the:
13-30 (a) Period for which such a written charter is valid; and
13-31 (b) Timelines by which the applicant must satisfy certain requirements
13-32 demonstrating its progress in preparing to commence
13-33 operation.
13-34 A holder of such a written charter may apply for grants of money to
13-35 prepare the charter school for operation. A written charter issued
13-36 pursuant to this subsection must not be designated as a conditional
13-37 charter or a provisional charter or otherwise contain any other
13-38 designation that would indicate the charter is issued for a temporary
13-39 period.
13-40 5. The holder of a written charter that is issued pursuant to
13-41 subsection 4 shall not commence operation of the charter school and is
13-42 not eligible to receive apportionments pursuant to NRS 387.124 until the
13-43 sponsor has determined that the requirements adopted by the state board
13-44 pursuant to subsection 4 have been satisfied and that the facility the
13-45 charter school will occupy has been inspected and meets the
13-46 requirements of any applicable building codes, codes for the prevention
13-47 of fire, and codes pertaining to safety, health and sanitation. Except as
13-48 otherwise provided in this subsection, the sponsor shall make such a
13-49 determination 30 days before the first day of school for the:
14-1 (a) Schools of the school district in which the charter school is located
14-2 that operate on a traditional school schedule and not a year-round school
14-3 schedule; or
14-4 (b) Charter school,
14-5 whichever date the sponsor selects. The sponsor shall not require a
14-6 charter school to demonstrate compliance with the requirements of this
14-7 subsection more than 30 days before the date selected. However, it may
14-8 authorize a charter school to demonstrate compliance less than 30 days
14-9 before the date selected.
14-10 Sec. 17. NRS 386.540 is hereby amended to read as follows:
14-11 386.540 1. The department shall adopt regulations that prescribe:
14-12 (a) The process for submission of an application by the board of trustees
14-13 of a school district to the department for authorization to sponsor charter
14-14 schools and the contents of the application;
14-15 (b) The process for submission of an application to form a charter
14-16 school to the department [and to] , the board of trustees of a school district
14-17 [,] and the subcommittee on charter schools, and the contents of the
14-18 application;
14-19 (c) The process for submission of an application to renew a written
14-20 charter; and
14-21 (d) The criteria and type of investigation that must be applied by the
14-22 board of trustees , the subcommittee on charter schools and the state
14-23 board in determining whether to approve an application to form a charter
14-24 school or an application to renew a written charter.
14-25 2. The department may adopt regulations as it determines are
14-26 necessary to carry out the provisions of NRS 386.500 to 386.610,
14-27 inclusive, and sections 4 to 10, inclusive, of this act, including, without
14-28 limitation, regulations that prescribe the procedures for accounting,
14-29 budgeting and annual audits of charter schools.
14-30 Sec. 18. NRS 386.549 is hereby amended to read as follows:
14-31 386.549 1. The governing body of a charter school [shall] must
14-32 consist of at least three teachers, as defined in [NRS 391.311,] subsection
14-33 4, and may consist of, without limitation, parents and representatives of
14-34 nonprofit organizations and businesses. A majority of the members of the
14-35 governing body must reside in this state. If the membership of the
14-36 governing body changes, the governing body shall provide written notice
14-37 to the sponsor of the charter school within 10 working days after such
14-38 change. A person may serve on the governing body only if he submits an
14-39 affidavit to the department indicating that the person has not been
14-40 convicted of a felony or any offense involving moral turpitude.
14-41 2. The governing body of a charter school is a public body. It is hereby
14-42 given such reasonable and necessary powers, not conflicting with the
14-43 constitution and the laws of the State of Nevada, as may be requisite to
14-44 attain the ends for which the charter school is established and to promote
14-45 the welfare of pupils who are enrolled in the charter school.
14-46 3. The governing body of a charter school shall, during each
14-47 calendar quarter, hold at least one regularly scheduled public meeting in
14-48 the county in which the charter school is located.
14-49 4. As used in subsection 1, “teacher” means a person who:
15-1 (a) Holds a current license to teach issued pursuant to chapter 391 of
15-2 NRS; and
15-3 (b) Has at least 2 years of experience as an employed
15-4 teacher.
15-5 The term does not include a person who is employed as a substitute
15-6 teacher.
15-7 Sec. 19. NRS 386.550 is hereby amended to read as follows:
15-8 386.550 1. A charter school shall:
15-9 [1.] (a) Comply with all laws and regulations relating to discrimination
15-10 and civil rights.
15-11 [2.] (b) Remain nonsectarian, including, without limitation, in its
15-12 educational programs, policies for admission and employment practices.
15-13 [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing
15-14 bonds.
15-15 [4.] (d) Comply with any plan for desegregation ordered by a court that
15-16 is in effect in the school district in which the charter school is located.
15-17 [5.] (e) Comply with the provisions of chapter 241 of NRS.
15-18 [6.] (f) Except as otherwise provided in this [subsection,] paragraph,
15-19 schedule and provide annually at least as many days of instruction as are
15-20 required of other public schools located in the same school district as the
15-21 charter school is located. The governing body of a charter school may
15-22 submit a written request to the superintendent of public instruction for a
15-23 waiver from providing the days of instruction required by this [subsection.]
15-24 paragraph. The superintendent of public instruction may grant such a
15-25 request if the governing body demonstrates to the satisfaction of the
15-26 superintendent that:
15-27 [(a)] (1) Extenuating circumstances exist to justify the waiver; and
15-28 [(b)] (2) The charter school will provide at least as many hours or
15-29 minutes of instruction as would be provided under a program consisting of
15-30 180 days.
15-31 [7.] (g) Cooperate with the board of trustees of the school district in the
15-32 administration of the achievement and proficiency examinations
15-33 administered pursuant to NRS 389.015 and the examinations required
15-34 pursuant to NRS 389.550 to the pupils who are enrolled in the charter
15-35 school.
15-36 [8.] (h) Comply with applicable statutes and regulations governing the
15-37 achievement and proficiency of pupils in this state.
15-38 [9.] (i) Provide instruction in the core academic subjects set forth in
15-39 subsection 1 of NRS 389.018, as applicable for the grade levels of pupils
15-40 who are enrolled in the charter school, and provide at least the courses of
15-41 [instruction] study that are required of pupils by statute or regulation for
15-42 promotion to the next grade or graduation from a public high school and
15-43 require the pupils who are enrolled in the charter school to take those
15-44 courses of study. This [subsection] paragraph does not preclude a charter
15-45 school from offering, or requiring the pupils who are enrolled in the charter
15-46 school to take, other courses of study that are required by statute or
15-47 regulation.
15-48 [10.] (j) If the parent or legal guardian of a child submits an
15-49 application to enroll in kindergarten, first grade or second grade at the
16-1 charter school, comply with NRS 392.040 regarding the ages for
16-2 enrollment in those grades.
16-3 (k) Refrain from using public money to purchase real property or
16-4 buildings without the approval of the sponsor.
16-5 [11.] (l) Hold harmless, indemnify and defend the sponsor of the
16-6 charter school against any claim or liability arising from an act or omission
16-7 by the governing body of the charter school or an employee or officer of
16-8 the charter school. An action at law may not be maintained against the
16-9 sponsor of a charter school for any cause of action for which the charter
16-10 school has obtained liability insurance.
16-11 [12.] (m) Provide written notice to the parents or legal guardians of
16-12 pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of
16-13 whether the charter school is accredited by the Commission on Schools of
16-14 the Northwest Association of Schools and Colleges.
16-15 [13.] (n) Adopt a final budget in accordance with the regulations
16-16 adopted by the department. A charter school is not required to adopt a final
16-17 budget pursuant to NRS 354.598 or otherwise comply with the provisions
16-18 of chapter 354 of NRS.
16-19 (o) If the charter school provides a program of distance education
16-20 pursuant to sections 35 to 49, inclusive, of this act, comply with all
16-21 statutes and regulations that are applicable to a program of distance
16-22 education for purposes of the operation of the program.
16-23 2. A charter school shall not provide instruction through a
16-24 program of distance education to children who are exempt from
16-25 compulsory attendance authorized by the state board pursuant to
16-26 subsection 1 of NRS 392.070. As used in this subsection, “distance
16-27 education” has the meaning ascribed to it in section 37 of this act.
16-28 Sec. 20. NRS 386.560 is hereby amended to read as follows:
16-29 386.560 1. The governing body of a charter school may contract with
16-30 the board of trustees of the school district in which the charter school is
16-31 located or the University and Community College System of Nevada for
16-32 the provision of facilities to operate the charter school or to perform any
16-33 service relating to the operation of the charter school, including, without
16-34 limitation, transportation and the provision of health services for the pupils
16-35 who are enrolled in the charter school.
16-36 2. A charter school may use any public facility located within the
16-37 school district in which the charter school is located. A charter school may
16-38 use school buildings owned by the school district only upon approval of the
16-39 board of trustees of the school district and during times that are not regular
16-40 school hours.
16-41 3. The board of trustees of a school district may donate surplus
16-42 personal property of the school district to a charter school that is located
16-43 within the school district.
16-44 4. [Upon] Except as otherwise provided in this subsection, upon the
16-45 request of a parent or legal guardian of a pupil who is enrolled in a charter
16-46 school, the board of trustees of the school district in which the charter
16-47 school is located shall authorize the pupil to participate in a class that is not
16-48 available to the pupil at the charter school or participate in an
17-1 extracurricular activity, excluding sports, at a public school within the
17-2 school district if:
17-3 (a) Space for the pupil in the class or extracurricular activity is
17-4 available; and
17-5 (b) The parent or legal guardian demonstrates to the satisfaction of the
17-6 board of trustees that the pupil is qualified to participate in the class or
17-7 extracurricular activity.
17-8 If the board of trustees of a school district authorizes a pupil to participate
17-9 in a class or extracurricular activity, excluding sports, pursuant to this
17-10 subsection, the board of trustees is not required to provide transportation
17-11 for the pupil to attend the class or activity. The provisions of this
17-12 subsection do not apply to a pupil who is enrolled in a charter school and
17-13 who desires to participate on a part-time basis in a program of distance
17-14 education provided by the board of trustees of a school district pursuant
17-15 to sections 35 to 49, inclusive, of this act. Such a pupil must comply with
17-16 section 45 of this act.
17-17 5. Upon the request of a parent or legal guardian of a pupil who is
17-18 enrolled in a charter school, the board of trustees of the school district in
17-19 which the charter school is located shall authorize the pupil to participate in
17-20 sports at the public school that he would otherwise be required to attend
17-21 within the school district, or upon approval of the board of trustees, any
17-22 public school within the same zone of attendance as the charter school if:
17-23 (a) Space is available for the pupil to participate; and
17-24 (b) The parent or legal guardian demonstrates to the satisfaction of the
17-25 board of trustees that the pupil is qualified to participate.
17-26 If the board of trustees of a school district authorizes a pupil to participate
17-27 in sports pursuant to this subsection, the board of trustees is not required to
17-28 provide transportation for the pupil to participate.
17-29 6. The board of trustees of a school district may revoke its approval for
17-30 a pupil to participate in a class, extracurricular activity or sports at a public
17-31 school pursuant to subsections 4 and 5 if the board of trustees or the public
17-32 school determines that the pupil has failed to comply with applicable
17-33 statutes, or applicable rules and regulations of the board of trustees, the
17-34 public school or an association for interscholastic activities. If the board of
17-35 trustees so revokes its approval, neither the board of trustees nor the public
17-36 school are liable for any damages relating to the denial of services to the
17-37 pupil.
17-38 Sec. 21. NRS 386.570 is hereby amended to read as follows:
17-39 386.570 1. Each pupil who is enrolled in a charter school, including,
17-40 without limitation, a pupil who is enrolled in a program of special
17-41 education in a charter school, must be included in the count of pupils in the
17-42 school district for the purposes of apportionments and allowances from the
17-43 state distributive school account pursuant to NRS 387.121 to 387.126,
17-44 inclusive, unless the pupil is exempt from compulsory attendance pursuant
17-45 to NRS 392.070. A charter school is entitled to receive its proportionate
17-46 share of any other money available from federal, state or local sources that
17-47 the school or the pupils who are enrolled in the school are eligible to
17-48 receive. If a charter school receives special education program units
17-49 directly from this state, the amount of money for special education that
18-1 the school district pays to the charter school may be reduced
18-2 proportionately by the amount of money the charter school received from
18-3 this state for that purpose.
18-4 2. All money received by the charter school from this state or from
18-5 the board of trustees of a school district must be deposited in a bank,
18-6 credit union or other financial institution in this state. The governing
18-7 body of a charter school may negotiate with the board of trustees of the
18-8 school district and the state board for additional money to pay for services
18-9 which the governing body wishes to offer.
18-10 3. Upon completion of a school year, the sponsor of a charter school
18-11 may request reimbursement from the governing body of the charter
18-12 school for the administrative costs associated with sponsorship for that
18-13 school year if the sponsor provided administrative services during that
18-14 school year. Upon receipt of such a request, the governing body shall pay
18-15 the reimbursement to the board of trustees of the school district, if the
18-16 board of trustees sponsors the charter school, or to the department if the
18-17 state board sponsors the charter school. If a governing body fails to pay
18-18 the reimbursement, the charter school shall be deemed to have violated
18-19 its written charter and the sponsor may take such action to revoke the
18-20 written charter pursuant to NRS 386.535 as it deems necessary. The
18-21 amount of reimbursement that a charter school may be required to pay
18-22 pursuant to this subsection must not exceed:
18-23 (a) For the first year of operation of the charter school, 2 percent of
18-24 the total amount of money apportioned to the charter school during the
18-25 year pursuant to NRS 387.124.
18-26 (b) For any year after the first year of operation of the charter school,
18-27 1 percent of the total amount of money apportioned to the charter school
18-28 during the year pursuant to NRS 387.124.
18-29 4. To determine the amount of money for distribution to a charter
18-30 school in its first year of operation, the count of pupils who are enrolled in
18-31 the charter school must initially be determined 30 days before the
18-32 beginning of the school year of the school district, based on the number of
18-33 pupils whose applications for enrollment have been approved by the
18-34 charter school. The count of pupils who are enrolled in the charter school
18-35 must be revised on the last day of the first school month of the school
18-36 district in which the charter school is located for the school year, based on
18-37 the actual number of pupils who are enrolled in the charter school.
18-38 Pursuant to subsection [2] 5of NRS 387.124, the governing body of a
18-39 charter school may request that the apportionments made to the charter
18-40 school in its first year of operation be paid to the charter school 30 days
18-41 before the apportionments are otherwise required to be made.
18-42 [4.] 5. If a charter school ceases to operate as a charter school
18-43 during a school year, the remaining apportionments that would have
18-44 been made to the charter school pursuant to NRS 387.124 for that year
18-45 must be paid on a proportionate basis to the school districts where the
18-46 pupils who were enrolled in the charter school reside.
18-47 6. The governing body of a charter school may solicit and accept
18-48 donations, money, grants, property, loans, personal services or other
18-49 assistance for purposes relating to education from members of the general
19-1 public, corporations or agencies. The governing body may comply with
19-2 applicable federal laws and regulations governing the provision of federal
19-3 grants for charter schools.
19-4 [5.] The state board may assist a charter school that operates
19-5 exclusively for the enrollment of pupils who receive special education in
19-6 identifying sources of money that may be available from the Federal
19-7 Government or this state for the provision of educational programs and
19-8 services to such pupils.
19-9 7. If a charter school uses money received from this state to purchase
19-10 real property, buildings, equipment or facilities, the governing body of the
19-11 charter school shall assign a security interest in the property, buildings,
19-12 equipment and facilities to the State of Nevada.
19-13 Sec. 22. NRS 386.580 is hereby amended to read as follows:
19-14 386.580 1. An application for enrollment in a charter school may be
19-15 submitted to the governing body of the charter school by the parent or legal
19-16 guardian of any child who resides in this state. Except as otherwise
19-17 provided in this subsection, a charter school shall enroll pupils who are
19-18 eligible for enrollment in the order in which the applications are received.
19-19 If the board of trustees of the school district in which the charter school is
19-20 located has established zones of attendance pursuant to NRS 388.040, the
19-21 charter school shall, if practicable, ensure that the racial composition of
19-22 pupils enrolled in the charter school does not differ by more than 10
19-23 percent from the racial composition of pupils who attend public schools in
19-24 the zone in which the charter school is located. If more pupils who are
19-25 eligible for enrollment apply for enrollment in the charter school than the
19-26 number of spaces which are available, the charter school shall determine
19-27 which applicants to enroll on the basis of a lottery system.
19-28 2. Except as otherwise provided in subsection [4,] 6, a charter school
19-29 shall not accept applications for enrollment in the charter school or
19-30 otherwise discriminate based on the:
19-31 (a) Race;
19-32 (b) Gender;
19-33 (c) Religion;
19-34 (d) Ethnicity; or
19-35 (e) Disability,
19-36 of a pupil.
19-37 3. If the governing body of a charter school determines that the charter
19-38 school is unable to provide an appropriate special education program and
19-39 related services for a particular disability of a pupil who is enrolled in the
19-40 charter school, the governing body may request that the board of trustees of
19-41 the school district of the county in which the pupil resides transfer that
19-42 pupil to an appropriate school.
19-43 4. Except as otherwise provided in this subsection, upon the request
19-44 of a parent or legal guardian of a child who is enrolled in a public school
19-45 of a school district or a private school, or who receives instruction at
19-46 home, the governing body of the charter school shall authorize the child
19-47 to participate in a class that is not otherwise available to the child at his
19-48 school or home school or participate in an extracurricular activity at the
19-49 charter school if:
20-1 (a) Space for the child in the class or extracurricular activity is
20-2 available; and
20-3 (b) The parent or legal guardian demonstrates to the satisfaction of
20-4 the governing body that the child is qualified to participate in the class or
20-5 extracurricular activity.
20-6 If the governing body of a charter school authorizes a child to participate
20-7 in a class or extracurricular activity pursuant to this subsection, the
20-8 governing body is not required to provide transportation for the child to
20-9 attend the class or activity. A charter school shall not authorize such a
20-10 child to participate in a class or activity through a program of distance
20-11 education provided by the charter school pursuant to sections 35 to 49,
20-12 inclusive, of this act.
20-13 5. The governing body of a charter school may revoke its approval
20-14 for a child to participate in a class or extracurricular activity at a charter
20-15 school pursuant to subsection 4 if the governing body determines that the
20-16 child has failed to comply with applicable statutes, or applicable rules
20-17 and regulations. If the governing body so revokes its approval, neither
20-18 the governing body nor the charter school is liable for any damages
20-19 relating to the denial of services to the child.
20-20 6. This section does not preclude the formation of a charter school that
20-21 is dedicated to provide educational services exclusively to pupils:
20-22 (a) With disabilities;
20-23 (b) Who pose such severe disciplinary problems that they warrant an
20-24 educational program specifically designed to serve a single gender and
20-25 emphasize personal responsibility and rehabilitation; or
20-26 (c) Who are at risk.
20-27 If more eligible pupils apply for enrollment in such a charter school than
20-28 the number of spaces which are available, the charter school shall
20-29 determine which applicants to enroll on the basis of a lottery system.
20-30 Sec. 23. NRS 386.590 is hereby amended to read as follows:
20-31 386.590 1. Except as otherwise provided in this subsection, at least
20-32 70 percent of the teachers who provide instruction at a charter school must
20-33 be licensed teachers. If a charter school is a vocational school, the charter
20-34 school shall, to the extent practicable, ensure that at least 70 percent of the
20-35 teachers who provide instruction at the school are licensed teachers, but in
20-36 no event may more than 50 percent of the teachers who provide instruction
20-37 at the school be unlicensed teachers.
20-38 2. A governing body of a charter school shall employ:
20-39 (a) If the charter school offers instruction in kindergarten or grade 1, 2,
20-40 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those
20-41 grades.
20-42 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or
20-43 12, a licensed teacher to teach pupils who are enrolled in those grades for
20-44 the following courses of study:
20-45 (1) English, including reading, composition and writing;
20-46 (2) Mathematics;
20-47 (3) Science; and
20-48 (4) Social studies, which includes only the subjects of history,
20-49 geography, economics and government.
21-1 (c) In addition to the requirements of paragraphs (a) and (b):
21-2 (1) If a charter school specializes in arts and humanities, physical
21-3 education or health education, a licensed teacher to teach those courses of
21-4 study.
21-5 (2) If a charter school specializes in the construction industry or other
21-6 building industry, licensed teachers to teach courses of study relating to the
21-7 industry if those teachers are employed full time.
21-8 (3) If a charter school specializes in the construction industry or other
21-9 building industry and the school offers courses of study in computer
21-10 education, technology or business, licensed teachers to teach those courses
21-11 of study if those teachers are employed full time.
21-12 3. A charter school may employ a person who is not licensed pursuant
21-13 to the provisions of chapter 391 of NRS to teach a course of study for
21-14 which a licensed teacher is not required pursuant to subsection 2 if the
21-15 person has:
21-16 (a) A degree, a license or a certificate in the field for which he is
21-17 employed to teach at the charter school; and
21-18 (b) At least 2 years of experience in that field.
21-19 4. A charter school may employ such administrators for the school as
21-20 it deems necessary. A person employed as an administrator must possess:
21-21 (a) A master’s degree in school administration, public administration or
21-22 business administration; or
21-23 (b) If the person has at least 5 years of experience in administration, a
21-24 baccalaureate degree.
21-25 5. A charter school shall not employ a person pursuant to this section if
21-26 his license to teach or provide other educational services has been revoked
21-27 or suspended in this state or another state.
21-28 6. On or before November 15 of each year, a charter school shall
21-29 submit to the department, in a format prescribed by the superintendent of
21-30 public instruction, the following information for each licensed employee
21-31 who is employed by the governing body on October 1 of that year:
21-32 (a) The amount of salary of the employee; and
21-33 (b) The designated assignment, as that term is defined by the
21-34 department, of the employee.
21-35 Sec. 24. NRS 386.595 is hereby amended to read as follows:
21-36 386.595 1. All employees of a charter school shall be deemed
21-37 public employees.
21-38 2. Except as otherwise provided in this subsection , [and subsections 2
21-39 and 3,] theprovisions of the collective bargaining agreement entered into
21-40 by the board of trustees of the school district in which the charter school is
21-41 located apply to the terms and conditions of employment of employees of
21-42 the charter school [. If a written charter is renewed, the employees of the
21-43 charter school may, at the time of
renewal, apply for recognition as a
21-44 bargaining unit pursuant to NRS
288.160.
21-45 2.
A charter school is exempt from the
specific provisions of the
21-46 collective bargaining agreement
that controls the:
21-47 (a)
Periods of preparation time for teachers, provided that the charter
21-48 school allows at least the same
amount of time for preparation as the
21-49 school district;
22-1 (b)
Times of day that a teacher may work;
22-2 (c)
Number of hours that a teacher may work in 1 day;
22-3 (d)
Number of hours and days that a teacher may work in 1 week; and
22-4 (e)
Number of hours and days that a teacher may work in
22-5 1 year.
22-6 If a teacher works more than the
number of hours or days prescribed in the
22-7 collective bargaining agreement,
the teacher must be compensated for the
22-8 additional hours or days in an
amount calculated by prorating the salary for
22-9 the teacher that is set forth in
the collective bargaining agreement.
22-10 3.
A teacher or a governing body of a
charter school may request that
22-11 the board of trustees of the school
district and other persons who entered
22-12 into the collective bargaining
agreement grant a waiver from specific
22-13 provisions of the collective
bargaining agreement for the teacher or
22-14 governing body.
22-15 4.
All employees of a
charter school shall be deemed public
22-16 employees.
22-17 5. The] who are on a leave of absence from the school district
22-18 pursuant to subsection 5, including, without limitation, any provisions
22-19 relating to representation by the employee organization that is a party to
22-20 the collective bargaining agreement of the school district in a grievance
22-21 proceeding or other dispute arising out of the agreement. The provisions
22-22 of the collective bargaining agreement apply to each employee for the
22-23 first 3 years that he is on a leave of absence from the school district.
22-24 After the first 3 years that the employee is on a leave of absence:
22-25 (a) If he is subsequently reassigned by the school district pursuant to
22-26 subsection 5, he is covered by the collective bargaining agreement of the
22-27 school district.
22-28 (b) If he continues his employment with the charter school, he is
22-29 covered by the collective bargaining agreement of the charter school, if
22-30 applicable.
22-31 3. Except as otherwise provided in subsection 2, the governing body
22-32 of a charter school may make all employment decisions with regard to its
22-33 employees pursuant to NRS 391.311 to 391.3197, inclusive, unless [the
22-34 applicable] a collective bargaining agreement entered into by the
22-35 governing body pursuant to chapter 288 of NRS contains separate
22-36 provisions relating to the discipline of licensed employees of a school.
22-37 [6.] 4. If the written charter of a charter school is revoked,the
22-38 employees of the charter school must be reassigned to employment within
22-39 the school district in accordance with the collective bargaining agreement.
22-40 5. The board of trustees of a school district that is a sponsor of a
22-41 charter school shall grant a leave of absence, not to exceed 6 years, to any
22-42 employee who is employed by the board of trustees who requests such a
22-43 leave of absence to accept employment with the charter school. After the
22-44 first school year in which an employee is on a leave of absence, he may
22-45 return to his former teaching position with the board of trustees. After the
22-46 third school year, an employee who is on a leave of absence may submit a
22-47 written request to the board of trustees to return to a comparable teaching
22-48 position with the board of trustees. After the sixth school year, an
22-49 employee shall either submit a written request to return to a comparable
23-1 teaching position or resign from the position for which his leave was
23-2 granted. The board of trustees shall grant a written request to return to a
23-3 comparable position pursuant to this subsection even if the return of the
23-4 employee requires the board of trustees to reduce the existing work force of
23-5 the school district. The board of trustees may require that a request to
23-6 return to a teaching position submitted pursuant to this subsection be
23-7 submitted at least 90 days before the employee would otherwise be
23-8 required to report to duty.
23-9 [8.] 6. An employee who is on a leave of absence from a school
23-10 district pursuant to this section shall contribute to and be eligible for all
23-11 benefits for which he would otherwise be entitled, including, without
23-12 limitation, participation in the public employees’ retirement system and
23-13 accrual of time for the purposes of leave and retirement. The time during
23-14 which such an employee is on leave of absence and employed in a charter
23-15 school does not count toward the acquisition of permanent status with the
23-16 school district.
23-17 [9.] 7. Upon the return of a teacher to employment in the school
23-18 district, he is entitled to the same level of retirement, salary and any other
23-19 benefits to which he would otherwise be entitled if he had not taken a leave
23-20 of absence to teach in a charter school.
23-21 [10.] 8. An employee of a charter school who is not on a leave of
23-22 absence from a school district is eligible for all benefits for which he would
23-23 be eligible for employment in a public school, including, without
23-24 limitation, participation in the public employees’ retirement system.
23-25 [11.] 9. For all employees of a charter school:
23-26 (a) The compensation that a teacher or other school employee would
23-27 have received if he were employed by the school district must be used to
23-28 determine the appropriate levels of contribution required of the employee
23-29 and employer for purposes of the public employees’ retirement system.
23-30 (b) The compensation that is paid to a teacher or other school employee
23-31 that exceeds the compensation that he would have received if he were
23-32 employed by the school district must not be included for the purposes of
23-33 calculating future retirement benefits of the employee.
23-34 [12.] 10. If the board of trustees of a school district in which a charter
23-35 school is located manages a plan of group insurance for its employees, the
23-36 governing body of the charter school may negotiate with the board of
23-37 trustees to participate in the same plan of group insurance that the board of
23-38 trustees offers to its employees. If the employees of the charter school
23-39 participate in the plan of group insurance managed by the board of trustees,
23-40 the governing body of the charter school shall:
23-41 (a) Ensure that the premiums for that insurance are paid to the board of
23-42 trustees; and
23-43 (b) Provide, upon the request of the board of trustees, all information
23-44 that is necessary for the board of trustees to provide the group insurance to
23-45 the employees of the charter school.
23-46 Sec. 25. NRS 386.605 is hereby amended to read as follows:
23-47 386.605 1. On or before January 1of each year, the governing body
23-48 of each charter school shall submit the information concerning the charter
23-49 school that is required pursuant to subsection 2 of NRS 385.347 to the
24-1 board of trustees of the school district in which the charter school is
24-2 located, regardless of the sponsor of the charter school, for inclusion in
24-3 the report of the school district pursuant to that section. The information
24-4 must be submitted by the charter school in a format prescribed by the board
24-5 of trustees.
24-6 2. On or before April 15 of each year, the governing body of each
24-7 charter school shall submit the information applicable to the charter school
24-8 that is contained in the report pursuant to paragraph (t) of subsection 2 of
24-9 NRS 385.347 to the commission on educational technology created
24-10 pursuant to NRS 388.790.
24-11 3. On or before June 15 of each year, the governing body of each
24-12 charter school shall prepare a:
24-13 (a) Separate written report summarizing the effectiveness of the charter
24-14 school’s program of accountability. The report must include:
24-15 (1)A review and analysis of the data upon which the report required
24-16 pursuant to subsection 2 of NRS 385.347 is based and a review and
24-17 analysis of any data that is more recent than the data upon which the report
24-18 is based;
24-19 (2)The identification of any problems or factors at the charter school
24-20 that are revealed by the review and analysis; and
24-21 (3) A summary of the efforts that the governing body has made or
24-22 intends to make to ensure that the teachers and other educational personnel
24-23 employed by the governing body receive training and other professional
24-24 development in:
24-25 (I) The standards of content and performance established by the
24-26 council to establish academic standards for public schools pursuant to NRS
24-27 389.520;
24-28 (II) The assessment and measurement of pupil achievement and the
24-29 effective methods to analyze the test results and scores of pupils to improve
24-30 the achievement and proficiency of pupils; and
24-31 (III) Specific content areas to enable the teachers and other
24-32 educational personnel to provide a higher level of instruction in their
24-33 respective fields of teaching.
24-34 (b) Written procedure to improve the achievement of pupils who are
24-35 enrolled in the charter school, including, but not limited to, a description of
24-36 the efforts the governing body has made to correct any deficiencies
24-37 identified in the written report required pursuant to paragraph (a).The
24-38 written procedure must describe sources of data that will be used by the
24-39 governing body to evaluate the effectiveness of the written procedure.
24-40 4. On or before June 15 of each year, the governing body of each
24-41 charter school shall submit copies of the written report and written
24-42 procedure required pursuant to subsection 3to the:
24-43 (a) Governor;
24-44 (b)State board;
24-45 (c) Department;
24-46 (d)Legislative committee on education created pursuant to NRS
24-47 218.5352;
24-48 (e)Legislative bureau of educational accountability and program
24-49 evaluation created pursuant to NRS 218.5356; and
25-1 (f) Board of trustees of the school district in which the charter school is
25-2 located.
25-3 5. The department shall maintain a record of the information that it
25-4 receives from each charter school pursuant to this section in such a manner
25-5 as will allow the department to create for each charter school a yearly
25-6 profile of information.
25-7 6. The governing body of each charter school shall ensure that a copy
25-8 of the written report and written procedure required pursuant to subsection
25-9 3 is included with the final budget of the charter school adopted by the
25-10 governing body of the charter school pursuant to the regulations of the
25-11 department.
25-12 7. The legislative bureau of educational accountability and program
25-13 evaluation created pursuant to NRS 218.5356 may authorize a person or
25-14 entity with whom it contracts pursuant to NRS 385.359 to review and
25-15 analyze information submitted by charter schools pursuant to this section,
25-16 consult with the governing bodies of charter schools and submit written
25-17 reports concerning charter schools pursuant to NRS 385.359.
25-18 Sec. 26. NRS 386.610 is hereby amended to read as follows:
25-19 386.610 1. On or before July 1 of each year, if the board of trustees
25-20 of a school district [that] sponsors a charter school , the board of trustees
25-21 shall submit a written report to the state board. The written report must
25-22 include an evaluation of the progress of each charter school sponsored by
25-23 the board of trustees in achieving its educational goals and objectives.
25-24 2. The governing body of a charter school shall, after 3 years of
25-25 operation under its initial charter, submit a written report to the [board of
25-26 trustees of the school district that is the] sponsor of the charter school. The
25-27 written report must include a description of the progress of the charter
25-28 school in achieving its educational goals and objectives. If the charter
25-29 school submits an application for renewal in accordance with the
25-30 regulations of the department, the [board of trustees] sponsor may renew
25-31 the written charter of the school pursuant to subsection 2 of NRS 386.530.
25-32 Sec. 27. NRS 386.650 is hereby amended to read as follows:
25-33 386.650 1. The department shall establish and maintain a statewide
25-34 automated system of information concerning pupils. The system must be
25-35 designed to improve the ability of the department, school districts and the
25-36 public schools in this state , including, without limitation, charter schools,
25-37 to account for the pupils who are enrolled in the public schools[.] ,
25-38 including, without limitation, charter schools.
25-39 2. The board of trustees of each school district shall:
25-40 (a) Adopt and maintain the program for the collection, maintenance and
25-41 transfer of data from the records of individual pupils to the statewide
25-42 automated system of information, including, without limitation, the
25-43 development of plans for the educational technology which is necessary to
25-44 adopt and maintain the program;
25-45 (b) Provide to the department electronic data concerning pupils as
25-46 required by the superintendent of public instruction pursuant to subsection
25-47 3; and
25-48 (c) Ensure that an electronic record is maintained in accordance with
25-49 subsection 3 of NRS 386.655.
26-1 3. The superintendent of public instruction shall:
26-2 (a) Prescribe the data to be collected and reported to the department by
26-3 each school district pursuant to subsection 2[;] , including, without
26-4 limitation, data relating to each charter school located within a school
26-5 district regardless of the sponsor of the charter school;
26-6 (b) Prescribe the format for the data;
26-7 (c) Prescribe the date by which each school district shall report the data;
26-8 (d) Prescribe the date by which each charter school located within a
26-9 school district shall report the data to the school district for incorporation
26-10 into the report of the school district, regardless of the sponsor of the
26-11 charter school;
26-12 (e) Provide technical assistance to each school district to ensure that the
26-13 data from each public school in the school district , including, without
26-14 limitation, each charter school located within the school district, is
26-15 compatible with the statewide automated system of information and
26-16 comparable to the data reported by other school districts; and
26-17 [(e)] (f) Provide for the analysis and reporting of the data in the
26-18 statewide automated system of information.
26-19 Sec. 28. NRS 386.655 is hereby amended to read as follows:
26-20 386.655 1. The department, the school districts and the public
26-21 schools , including, without limitation, charter schools, shall, in operating
26-22 the statewide automated system of information established pursuant to
26-23 NRS 386.650, comply with the provisions of:
26-24 (a) For all pupils, the Family Educational Rights and Privacy Act, 20
26-25 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
26-26 (b) For pupils with disabilities who are enrolled in programs of special
26-27 education, the provisions governing access to education records and
26-28 confidentiality of information prescribed in the Individuals with
26-29 Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations
26-30 adopted pursuant thereto.
26-31 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other
26-32 applicable federal law, a public school , including, without limitation, a
26-33 charter school, shall not release the education records of a pupil to a
26-34 person or an agency of a federal, state or local government without the
26-35 written consent of the parent or legal guardian of the pupil.
26-36 3. In addition to the record required pursuant to 20 U.S.C. §
26-37 1232g(b)(4)(A), each school district shall maintain within the statewide
26-38 automated system of information an electronic record of all persons and
26-39 agencies who have requested the education record of a pupil or obtained
26-40 access to the education record of a pupil, or both, pursuant to 20 U.S.C. §
26-41 1232g. The electronic record must be maintained and may only be
26-42 disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A
26-43 charter school shall provide to the school district in which the charter
26-44 school is located such information as is necessary for the school district
26-45 to carry out the provisions of this subsection, regardless of the sponsor of
26-46 the charter school.
26-47 4. The right accorded to a parent or legal guardian of a pupil pursuant
26-48 to subsection 2 devolves upon the pupil on the date on which he attains the
26-49 age of 18 years.
27-1 5. As used in this section, unless the context otherwise requires,
27-2 “education records” has the meaning ascribed to it in 20 U.S.C. §
27-3 1232g(a)(4).
27-4 Sec. 29. NRS 387.123 is hereby amended to read as follows:
27-5 387.123 1. The count of pupils for apportionment purposes includes
27-6 all pupils who are enrolled in programs of instruction of the school district ,
27-7 including, without limitation, a program of distance education provided
27-8 by the school district, or pupils who reside in the county in which the
27-9 school district is located and are enrolled in any charter school , including,
27-10 without limitation, a program of distance education provided by a charter
27-11 school, for:
27-12 (a) Pupils in the kindergarten department.
27-13 (b) Pupils in grades 1 to 12, inclusive.
27-14 (c) Pupils not included under paragraph (a) or (b) who are receiving
27-15 special education pursuant to the provisions of NRS 388.440 to 388.520,
27-16 inclusive.
27-17 (d) Pupils who reside in the county and are enrolled part time in a
27-18 program of distance education if an agreement is filed with the
27-19 superintendent of public instruction pursuant to section 44 or 45 of this
27-20 act, as applicable.
27-21 (e) Children detained in detention homes, alternative programs and
27-22 juvenile forestry camps receiving instruction pursuant to the provisions of
27-23 NRS 388.550, 388.560 and 388.570.
27-24 [(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of
27-25 NRS 386.560 [.
27-26 (f)] and pupils who are enrolled in classes pursuant to subsection 4 of
27-27 NRS 386.580.
27-28 (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS
27-29 392.070.
27-30 [(g)] (h) Pupils who are enrolled in classes and taking courses
27-31 necessary to receive a high school diploma, excluding those pupils who are
27-32 included in paragraphs [(e) and (f).] (d), (f) and (g).
27-33 2. The state board shall establish uniform regulations for counting
27-34 enrollment and calculating the average daily attendance of pupils. In
27-35 establishing such regulations for the public schools, the state board:
27-36 (a) Shall divide the school year into 10 school months, each containing
27-37 20 or fewer school days.
27-38 (b) May divide the pupils in grades 1 to 12, inclusive, into categories
27-39 composed respectively of those enrolled in elementary schools and those
27-40 enrolled in secondary schools.
27-41 (c) Shall prohibit the counting of any pupil specified in subsection 1
27-42 more than once.
27-43 3. Except as otherwise provided in subsection 4 and NRS 388.700, the
27-44 state board shall establish by regulation the maximum pupil-teacher ratio in
27-45 each grade, and for each subject matter wherever different subjects are
27-46 taught in separate classes, for each school district of this state which is
27-47 consistent with:
27-48 (a) The maintenance of an acceptable standard of instruction;
28-1 (b) The conditions prevailing in the school district with respect to the
28-2 number and distribution of pupils in each grade; and
28-3 (c) Methods of instruction used, which may include educational
28-4 television, team teaching or new teaching systems or
28-5 techniques.
28-6 If the superintendent of public instruction finds that any school district is
28-7 maintaining one or more classes whose pupil-teacher ratio exceeds the
28-8 applicable maximum, and unless he finds that the board of trustees of the
28-9 school district has made every reasonable effort in good faith to comply
28-10 with the applicable standard, he shall, with the approval of the state board,
28-11 reduce the count of pupils for apportionment purposes by the percentage
28-12 which the number of pupils attending those classes is of the total number of
28-13 pupils in the district, and the state board may direct him to withhold the
28-14 quarterly apportionment entirely.
28-15 4. [A] The provisions of subsection 3 do not apply to a charter school
28-16 [is not required to comply with the pupil-teacher ratio prescribed by the
28-17 state board pursuant to subsection 3.] or a program of distance education
28-18 provided pursuant to sections 35 to 49, inclusive, of this act.
28-19 Sec. 30. NRS 387.1233 is hereby amended to read as follows:
28-20 387.1233 1. Except as otherwise provided in subsection 2, basic
28-21 support of each school district must be computed by:
28-22 (a) Multiplying the basic support guarantee per pupil established for that
28-23 school district for that school year by the sum of:
28-24 (1) Six-tenths the count of pupils enrolled in the kindergarten
28-25 department on the last day of the first school month of the school district
28-26 for the school year, including, without limitation, the count of pupils who
28-27 reside in the county and are enrolled in any charter school on the last day
28-28 of the first school month of the school district for the school year.
28-29 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
28-30 last day of the first school month of the school district for the school year,
28-31 including, without limitation, the count of pupils who reside in the county
28-32 and are enrolled in any charter school on the last day of the first school
28-33 month of the school district for the school year.
28-34 (3) The count of pupils not included under subparagraph (1) or (2)
28-35 who are enrolled full time in a program of distance education provided
28-36 by that school district or a charter school located within that school
28-37 district on the last day of the first school month of the school district for
28-38 the school year.
28-39 (4) The count of pupils who reside in the county and are enrolled:
28-40 (I) In a public school of the school district and are concurrently
28-41 enrolled part time in a program of distance education provided by
28-42 another school district or a charter school on the last day of the first
28-43 school month of the school district for the school year, expressed as a
28-44 percentage of the total time services are provided to those pupils per
28-45 school day in proportion to the total time services are provided during a
28-46 school day to pupils who are counted pursuant to subparagraph (2).
28-47 (II) In a charter school and are concurrently enrolled part time
28-48 in a program of distance education provided by a school district or
28-49 another charter school on the last day of the first school month of the
29-1 school district for the school year, expressed as a percentage of the total
29-2 time services are provided to those pupils per school day in proportion to
29-3 the total time services are provided during a school day to pupils who are
29-4 counted pursuant to subparagraph (2).
29-5 (5) The count of pupils not included under subparagraph (1) , [or] (2),
29-6 (3) or (4), who are receiving special education pursuant to the provisions of
29-7 NRS 388.440 to 388.520, inclusive, on the last day of the first school
29-8 month of the school district for the school year, excluding the count of
29-9 pupils who have not attained the age of 5 years and who are receiving
29-10 special education pursuant to subsection 1 of NRS 388.490 on that day.
29-11 [(4)] (6) Six-tenths the count of pupils who have not attained the age
29-12 of 5 years and who are receiving special education pursuant to subsection 1
29-13 of NRS 388.490 on the last day of the first school month of the school
29-14 district for the school year.
29-15 [(5)] (7) The count of children detained in detention homes,
29-16 alternative programs and juvenile forestry camps receiving instruction
29-17 pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the
29-18 last day of the first school month of the school district for the school year.
29-19 [(6)] (8) The count of pupils who are enrolled in classes for at least
29-20 one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of
29-21 NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage
29-22 of the total time services are provided to those pupils per school day in
29-23 proportion to the total time services are provided during a school day to
29-24 pupils who are counted pursuant to subparagraph (2).
29-25 (b) Multiplying the number of special education program units
29-26 maintained and operated by the amount per program established for that
29-27 school year.
29-28 (c) Adding the amounts computed in paragraphs (a) and (b).
29-29 2. If the enrollment of pupils in a school district or a charter school
29-30 that is located within the school district on the last day of the first school
29-31 month of the school district for the school year is less than the enrollment
29-32 of pupils in the same school district or charter school on the last day of the
29-33 first school month of the school district for either or both of the
29-34 immediately preceding 2 school years, the largest number must be used
29-35 from among the 3 years for purposes of apportioning money from the state
29-36 distributive school account to that school district or charter school pursuant
29-37 to NRS 387.124.
29-38 3. Pupils who are excused from attendance at examinations or have
29-39 completed their work in accordance with the rules of the board of trustees
29-40 must be credited with attendance during that period.
29-41 4. Pupils who are incarcerated in a facility or institution operated by
29-42 the department of prisons must not be counted for the purpose of
29-43 computing basic support pursuant to this section. The average daily
29-44 attendance for such pupils must be reported to the department . [of
29-45 education.]
29-46 5. Pupils who are enrolled in courses which are approved by the
29-47 department as meeting the requirements for an adult to earn a high school
29-48 diploma must not be counted for the purpose of computing basic support
29-49 pursuant to this section.
30-1 Sec. 31. NRS 387.124 is hereby amended to read as follows:
30-2 387.124 Except as otherwise provided in this section and NRS
30-3 387.528:
30-4 1. On or before August 1, November 1, February 1 and May 1 of each
30-5 year, the superintendent of public instruction shall [, except as otherwise
30-6 provided in subsections 2 and 3,] apportion the state distributive school
30-7 account in the state general fund among the several county school districts
30-8 and charter schools in amounts approximating one-fourth of their
30-9 respective yearly apportionments less any amount set aside as a reserve.
30-10 The apportionment to a school district, computed on a yearly basis, equals
30-11 the difference between the basic support and the local funds available
30-12 pursuant to NRS 387.1235, minus all the funds attributable to pupils who
30-13 reside in the county but attend a charter school [.] and all the funds
30-14 attributable to pupils who reside in the county and are enrolled full time
30-15 or part time in a program of distance education provided by another
30-16 school district or a charter school. No apportionment may be made to a
30-17 school district if the amount of the local funds exceeds the amount of basic
30-18 support. [The] If an agreement is not filed for a pupil who is enrolled in a
30-19 program of distance education as required by section 44 of this act, the
30-20 superintendent of public instruction shall not apportion money for that
30-21 pupil to the board of trustees of the school district in which the pupil
30-22 resides, or the board of trustees or governing body that provides the
30-23 program of distance education.
30-24 2. Except as otherwise provided in subsection 3, the apportionment to
30-25 a charter school, computed on a yearly basis, is equal to the sum of the
30-26 basic support per pupil in the county in which the pupil resides plus the
30-27 amount of local funds available per pupil pursuant to NRS 387.1235 and
30-28 all other funds available for public schools in the county in which the pupil
30-29 resides [.] minus all the funds attributable to pupils who are enrolled in
30-30 the charter school but are concurrently enrolled part time in a program
30-31 of distance education provided by a school district or another charter
30-32 school. If the apportionment per pupil to a charter school is more than the
30-33 amount to be apportioned to the school district in which a pupil who is
30-34 enrolled in the charter school resides, the school district in which the pupil
30-35 resides shall pay the difference directly to the charter school.
30-36 [2.] 3. Except as otherwise provided in this subsection, the
30-37 apportionment to a charter school that is sponsored by the state board,
30-38 computed on a yearly basis, is equal to:
30-39 (a) The sum of the basic support per pupil in the county in which the
30-40 pupil resides plus the amount of local funds available per pupil pursuant
30-41 to NRS 387.1235 and all other funds available for public schools in the
30-42 county in which the pupils resides; or
30-43 (b) The statewide average per pupil amount for pupils who are
30-44 enrolled full time,
30-45 whichever is greater. If the calculation set forth in paragraph (a) is less
30-46 than the calculation pursuant to paragraph (b), the school district in
30-47 which the charter school is located shall pay the difference directly to the
30-48 charter school. If a charter school provides a program of distance
30-49 education pursuant to sections 35 to 49, inclusive, of this act, the
31-1 apportionment to the charter school for pupils who are enrolled in the
31-2 program of distance education must be calculated as set forth in
31-3 subsection 2 or 4, as applicable.
31-4 4. In addition to the apportionments made pursuant to this section,
31-5 an apportionment must be made to a school district or charter school that
31-6 provides a program of distance education for each pupil who is enrolled
31-7 part time in the program if an agreement is filed for that pupil pursuant
31-8 to section 44 or 45 of this act, as applicable. The amount of the
31-9 apportionment must be equal to the percentage of the total time services
31-10 are provided to the pupil through the program of distance education per
31-11 school day in proportion to the total time services are provided during a
31-12 school day to pupils who are counted pursuant to subparagraph (2) of
31-13 paragraph (a) of subsection 1 of NRS 387.1233 for the school district in
31-14 which the pupil resides.
31-15 5. The governing body of a charter school may submit a written
31-16 request to the superintendent of public instruction to receive, in the first
31-17 year of operation of the charter school, an apportionment 30 days before
31-18 the apportionment is required to be made pursuant to subsection 1. Upon
31-19 receipt of such a request, the superintendent of public instruction may
31-20 make the apportionment 30 days before the apportionment is required to be
31-21 made. A charter school may receive all four apportionments in advance in
31-22 its first year of operation.
31-23 [3.] 6. If the state controller finds that such an action is needed to
31-24 maintain the balance in the state general fund at a level sufficient to pay the
31-25 other appropriations from it, he may pay out the apportionments monthly,
31-26 each approximately one-twelfth of the yearly apportionment less any
31-27 amount set aside as a reserve. If such action is needed, the state controller
31-28 shall submit a report to the department of administration and the fiscal
31-29 analysis division of the legislative counsel bureau documenting reasons for
31-30 the action.
31-31 Sec. 32. NRS 387.1243 is hereby amended to read as follows:
31-32 387.1243 1. The first apportionment based on an estimated number
31-33 of pupils and special education program units and succeeding
31-34 apportionments are subject to adjustment from time to time as the need
31-35 therefor may appear.
31-36 2. The apportionments to a school district may be adjusted during a
31-37 fiscal year by the department of education, upon approval by the state
31-38 board of examiners and the interim finance committee, if the department of
31-39 taxation and the county assessor in the county in which the school district
31-40 is located certify to the department of education that the school district will
31-41 not receive the tax levied pursuant to subsection 1 of NRS 387.195 on
31-42 property of the Federal Government located within the county if:
31-43 (a) The leasehold interest, possessory interest, beneficial interest or
31-44 beneficial use of the property is subject to taxation pursuant to NRS
31-45 361.157 and 361.159 and one or more lessees or users of the property are
31-46 delinquent in paying the tax; and
31-47 (b) The total amount of tax owed but not paid for the fiscal year by any
31-48 such lessees and users is at least 5 percent of the proceeds that the school
32-1 district would have received from the tax levied pursuant to subsection 1 of
32-2 NRS 387.195.
32-3 If a lessee or user pays the tax owed after the school district’s
32-4 apportionment has been increased in accordance with the provisions of this
32-5 subsection to compensate for the tax owed, the school district shall repay to
32-6 the state distributive school account in the state general fund an amount
32-7 equal to the tax received from the lessee or user for the year in which the
32-8 school district received an increased apportionment, not to exceed the
32-9 increase in apportionments made to the school district pursuant to this
32-10 subsection.
32-11 3. On or before August 1 of each year, the board of trustees of a school
32-12 district shall provide to the department, in a format prescribed by the
32-13 department, the count of pupils calculated pursuant to subparagraph [(6)]
32-14 (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
32-15 least one semester during the immediately preceding school year. The
32-16 count of pupils submitted to the department must be included in the final
32-17 adjustment computed pursuant to subsection 4.
32-18 4. A final adjustment for each school district and charter school must
32-19 be computed as soon as practicable following the close of the school year,
32-20 but not later than August 25. The final computation must be based upon the
32-21 actual counts of pupils required to be made for the computation of basic
32-22 support and the limits upon the support of special education programs,
32-23 except that for any year when the total enrollment of pupils and children in
32-24 a school district or a charter school located within the school district
32-25 described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS
32-26 387.123 is greater on the last day of any school month of the school district
32-27 after the second school month of the school district and the increase in
32-28 enrollment shows at least:
32-29 (a) A 3-percent gain, basic support as computed from first month
32-30 enrollment for the school district or charter school must be increased by 2
32-31 percent.
32-32 (b) A 6-percent gain, basic support as computed from first month
32-33 enrollment for the school district or charter school must be increased by an
32-34 additional 2 percent.
32-35 5. If the final computation of apportionment for any school district or
32-36 charter school exceeds the actual amount paid to the school district or
32-37 charter school during the school year, the additional amount due must be
32-38 paid before September 1. If the final computation of apportionment for any
32-39 school district or charter school is less than the actual amount paid to the
32-40 school district or charter school during the school year, the difference must
32-41 be repaid to the state distributive school account in the state general fund
32-42 by the school district or charter school before September 25.
32-43 Sec. 33. NRS 387.185 is hereby amended to read as follows:
32-44 387.185 1. Except as otherwise provided in subsection 2 and NRS
32-45 387.528, all school money due each county school district must be
32-46 paid over by the state treasurer to the county treasurer on August 1,
32-47 November 1, February 1 and May 1 of each year or as soon thereafter as
32-48 the county treasurer may apply for it, upon the warrant of the state
33-1 controller drawn in conformity with the apportionment of the
33-2 superintendent of public instruction as provided in NRS 387.124.
33-3 2. Except as otherwise provided in NRS 387.528, if the board of
33-4 trustees of a school district establishes and administers a separate account
33-5 pursuant to the provisions of NRS 354.603, all school money due that
33-6 school district must be paid over by the state treasurer to the school district
33-7 on August 1, November 1, February 1 and May 1 of each year or as soon
33-8 thereafter as the school district may apply for it, upon the warrant of the
33-9 state controller drawn in conformity with the apportionment of the
33-10 superintendent of public instruction as provided in NRS 387.124.
33-11 3. No county school district may receive any portion of the public
33-12 school money unless that school district has complied with the provisions
33-13 of this Title and regulations adopted pursuant thereto.
33-14 4. Except as otherwise provided in this subsection, all school money
33-15 due each charter school must be paid over by the state treasurer to the
33-16 governing body of the charter school on August 1, November 1, February 1
33-17 and May 1 of each year or as soon thereafter as the governing body may
33-18 apply for it, upon the warrant of the state controller drawn in conformity
33-19 with the apportionment of the superintendent of public instruction as
33-20 provided in NRS 387.124. If the superintendent of public instruction has
33-21 approved, pursuant to subsection [2] 5of NRS 387.124, a request for
33-22 payment of an apportionment 30 days before the apportionment is
33-23 otherwise required to be made, the money due to the charter school must be
33-24 paid by the state treasurer to the governing body of the charter school on
33-25 July 1, October 1, January 1 or April 1, as applicable.
33-26 Sec. 34. Chapter 388 of NRS is hereby amended by adding thereto the
33-27 provisions set forth as sections 35 to 49, inclusive, of this act.
33-28 Sec. 35. As used in sections 35 to 49, inclusive, of this act, unless the
33-29 context otherwise requires, the words and terms defined in sections 36,
33-30 37 and 38 of this act have the meanings ascribed to them in those
33-31 sections.
33-32 Sec. 36. “Course of distance education” means a course of study
33-33 that uses distance education as its primary mechanism for delivery of
33-34 instruction.
33-35 Sec. 37. “Distance education” means instruction which is delivered
33-36 by means of video, computer, television, correspondence, or the Internet
33-37 or other electronic means of communication, or any combination
33-38 thereof, in such a manner that the person supervising or providing the
33-39 instruction and the pupil receiving the instruction are separated
33-40 geographically for a majority of the time during which the instruction is
33-41 delivered.
33-42 Sec. 38. “Program of distance education” means a program
33-43 comprised of one or more courses of distance education that is designed
33-44 for pupils who:
33-45 1. Are participating in a program for pupils who are at risk of
33-46 dropping out of high school pursuant to NRS 388.537.
33-47 2. Are participating in a program of independent study pursuant to
33-48 NRS 389.155.
34-1 3. Are enrolled in a public school that does not offer advanced or
34-2 specialized courses.
34-3 4. Have a physical or mental condition that would otherwise require
34-4 an excuse from compulsory attendance pursuant to NRS 392.050.
34-5 5. Are excused from compulsory attendance pursuant to NRS
34-6 392.070 and are authorized to enroll in a program of distance education
34-7 pursuant to that section.
34-8 6. Would otherwise be excused from compulsory attendance
34-9 pursuant to NRS 392.080.
34-10 7. Are otherwise prohibited from attending public school pursuant to
34-11 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
34-12 392.4675.
34-13 8. Are otherwise permitted to enroll in a program of distance
34-14 education provided by the board of trustees of a school district if the
34-15 board of trustees determines that special circumstances warrant
34-16 enrollment for the pupil.
34-17 9. Are otherwise permitted to enroll in a program of distance
34-18 education provided by the governing body of a charter school if the
34-19 governing body of the charter school determines that special
34-20 circumstances warrant enrollment for the pupil.
34-21 Sec. 39. 1. The department shall prepare and publish a list of
34-22 courses of distance education that satisfy the requirements of sections 35
34-23 to 49, inclusive, of this act, and all other applicable statutes and
34-24 regulations. If an application to provide a program of distance education
34-25 is approved pursuant to section 40 of this act, the department shall
34-26 automatically include on the list each course of study included within
34-27 that program if the course of study had not been approved pursuant to
34-28 this section before submission of the application to provide the program.
34-29 2. A person or entity that has developed a course of distance
34-30 education, including, without limitation, a vendor of a course of distance
34-31 education, the University and Community College System of Nevada or
34-32 other postsecondary educational institution, a board of trustees of a
34-33 school district or a governing body of a charter school, may submit an
34-34 application for inclusion of the course on the list prepared by the
34-35 department. The department shall approve an application if the
34-36 application satisfies the requirements of sections 35 to 49, inclusive, of
34-37 this act and all other applicable statutes and regulations. The department
34-38 shall provide written notice to the applicant of its approval or denial of
34-39 the application.
34-40 3. If the department denies an application, the department shall
34-41 include in the written notice the reasons for the denial and the
34-42 deficiencies of the application. The applicant must be granted 30 days
34-43 after receipt of the written notice to correct any deficiencies identified in
34-44 the written notice and resubmit the application. The department shall
34-45 approve an application that has been resubmitted pursuant to this
34-46 subsection if the application satisfies the requirements of sections 35 to
34-47 49, inclusive, of this act and all other applicable statutes and regulations.
35-1 Sec. 40. 1. The board of trustees of a school district or the
35-2 governing body of a charter school may submit an application to the
35-3 department to provide a program of distance education.
35-4 2. An applicant to provide a program of distance education may seek
35-5 approval to provide a program that is comprised of one or more courses
35-6 of distance education included on the list of courses approved by the
35-7 department pursuant to section 39 of this act or a program that is
35-8 comprised of one or more courses of distance education which have not
35-9 been reviewed by the department before submission of the application.
35-10 3. An application to provide a program of distance education must
35-11 include:
35-12 (a) All the information prescribed by the state board by regulation.
35-13 (b) Except as otherwise provided in this paragraph, proof satisfactory
35-14 to the department that the program satisfies all applicable statutes and
35-15 regulations. The proof required by this paragraph shall be deemed
35-16 satisfied if the program is comprised only of courses of distance
35-17 education approved by the department pursuant to section 39 of this act
35-18 before submission of the application.
35-19 4. The department shall approve an application submitted pursuant
35-20 to this section if the application satisfies the requirements of sections 35
35-21 to 49, inclusive, of this act and all other applicable statutes and
35-22 regulations. The department shall provide written notice to the applicant
35-23 of the department’s approval or denial of the application.
35-24 5. If the department denies an application, the department shall
35-25 include in the written notice the reasons for the denial and the
35-26 deficiencies of the application. The applicant must be granted 30 days
35-27 after receipt of the written notice to correct any deficiencies identified in
35-28 the written notice and resubmit the application. The department shall
35-29 approve an application that has been resubmitted pursuant to this
35-30 subsection if the application satisfies the requirements of sections 35 to
35-31 49, inclusive, of this act and all other applicable statutes and regulations.
35-32 Sec. 41. 1. A program of distance education may include, without
35-33 limitation, an opportunity for pupils to participate in the program:
35-34 (a) For a shorter school day or a longer school day than that regularly
35-35 provided for in the school district or charter school, as applicable; and
35-36 (b) During any part of the calendar year.
35-37 2. If a program of distance education is provided for pupils on a full-
35-38 time basis, the program must include at least as many hours or minutes
35-39 of instruction as would be provided under a program consisting of 180
35-40 days.
35-41 Sec. 42. 1. The board of trustees of a school district or the
35-42 governing body of a charter school that provides a program of distance
35-43 education shall ensure that, for each course offered through the
35-44 program, a teacher:
35-45 (a) Provides the work assignments to each pupil enrolled in the course
35-46 that are necessary for the pupil to complete the course; and
35-47 (b) Meets or otherwise communicates with the pupil at least once each
35-48 week during the course to discuss the pupil’s progress.
36-1 2. If a course offered through a program of distance education is a
36-2 core academic subject, as defined in NRS 389.018, the teacher who
36-3 fulfills the requirements of subsection 1 must be a licensed teacher.
36-4 Sec. 43. 1. A pupil may enroll in a program of distance education
36-5 only if the pupil satisfies the requirements of any other applicable statute
36-6 and the pupil:
36-7 (a) Is participating in a program for pupils at risk of dropping out of
36-8 high school pursuant to NRS 388.537;
36-9 (b) Is participating in a program of independent study pursuant to
36-10 NRS 389.155;
36-11 (c) Is enrolled in a public school that does not offer certain advanced
36-12 or specialized courses that the pupil desires to attend;
36-13 (d) Has a physical or mental condition that would otherwise require
36-14 an excuse from compulsory attendance pursuant to NRS 392.050;
36-15 (e) Is excused from compulsory attendance pursuant to NRS 392.070
36-16 and is authorized to enroll in a program of distance education pursuant
36-17 to that section;
36-18 (f) Would otherwise be excused from compulsory attendance pursuant
36-19 to NRS 392.080;
36-20 (g) Is otherwise prohibited from attending public school pursuant to
36-21 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
36-22 392.4675;
36-23 (h) Is otherwise permitted to enroll in a program of distance education
36-24 provided by the board of trustees of a school district if the board of
36-25 trustees determines that the circumstances warrant enrollment for the
36-26 pupil; or
36-27 (i) Is otherwise permitted to enroll in a program of distance education
36-28 provided by the governing body of a charter school if the governing body
36-29 of the charter school determines that the circumstances warrant
36-30 enrollment for the pupil.
36-31 2. In addition to the eligibility for enrollment set forth in subsection
36-32 1, a pupil must satisfy the qualifications and conditions for enrollment in
36-33 a program of distance education adopted by the state board pursuant to
36-34 section 49 of this act.
36-35 3. A child who is exempt from compulsory attendance and receiving
36-36 equivalent instruction authorized by the state board pursuant to
36-37 subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise
36-38 attend a program of distance education, regardless of whether he is
36-39 otherwise eligible for enrollment pursuant to subsection 1.
36-40 4. If a pupil who is prohibited from attending public school pursuant
36-41 to NRS 392.264 enrolls in a program of distance education, the
36-42 enrollment and attendance of that pupil must comply with all
36-43 requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271,
36-44 inclusive.
36-45 5. If a pupil is eligible for enrollment in a program of distance
36-46 education pursuant to paragraph (c) of subsection 1, he may enroll in the
36-47 program of distance education only to take those advanced or specialized
36-48 courses that are not offered at the public school he otherwise attends.
37-1 Sec. 44. 1. Except as otherwise provided in this subsection, before
37-2 a pupil may enroll full time or part time in a program of distance
37-3 education that is provided by a school district other than the school
37-4 district in which the pupil resides, the pupil must obtain the written
37-5 permission of the board of trustees of the school district in which the
37-6 pupil resides. Before a pupil who is enrolled in a public school of a
37-7 school district may enroll part time in a program of distance education
37-8 that is provided by a charter school, the pupil must obtain the written
37-9 permission of the board of trustees of the school district in which the
37-10 pupil resides. A pupil who enrolls full time in a program of distance
37-11 education that is provided by a charter school is not required to obtain
37-12 the approval of the board of trustees of the school district in which the
37-13 pupil resides.
37-14 2. If the board of trustees of a school district grants permission
37-15 pursuant to subsection 1, the board of trustees shall enter into a written
37-16 agreement with the board of trustees or governing body, as applicable,
37-17 that provides the program of distance education. A separate agreement
37-18 must be prepared for each year that a pupil enrolls in a program of
37-19 distance education. The written agreement must:
37-20 (a) Contain a statement prepared by the board of trustees of the school
37-21 district in which the pupil resides indicating that the board of trustees
37-22 understands that the superintendent of public instruction will make
37-23 appropriate adjustments in the apportionments to the school district
37-24 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
37-25 program of distance education;
37-26 (b) If the pupil plans to enroll part time in the program of distance
37-27 education, contain a statement prepared by the board of trustees of the
37-28 school district in which the pupil resides and the board of trustees or
37-29 governing body that provides the program of distance education setting
37-30 forth the percentage of the total time services will be provided to the pupil
37-31 through the program of distance education per school day in proportion
37-32 to the total time services are provided during a school day to pupils who
37-33 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
37-34 1 of NRS 387.1233 for the school district in which the pupil resides;
37-35 (c) Be signed by the board of trustees of the school district in which
37-36 the pupil resides and the board of trustees or governing body that
37-37 provides the program of distance education; and
37-38 (d) Include any other information required by the state board by
37-39 regulation.
37-40 3. On or before September 1 of each year or January 1 of each year,
37-41 as applicable for the semester of enrollment, a written agreement must be
37-42 filed with the superintendent of public instruction for each pupil who is
37-43 enrolled full time in a program of distance education provided by a
37-44 school district other than the school district in which the pupil resides.
37-45 On or before September 1 or January 1 of each year, as applicable for
37-46 the semester of enrollment, a written agreement must be filed with the
37-47 superintendent of public instruction for each pupil who is enrolled in a
37-48 public school of the school district and who is enrolled part time in a
37-49 program of distance education provided by a charter school. If an
38-1 agreement is not filed for a pupil who is enrolled in a program of
38-2 distance education as required by this section, the superintendent of
38-3 public instruction shall not apportion money for that pupil to the board
38-4 of trustees of the school district in which the pupil resides, or the board
38-5 of trustees or governing body that provides the program of distance
38-6 education.
38-7 Sec. 45. 1. If a pupil is enrolled in a charter school, he may enroll
38-8 full time in a program of distance education only if the charter school in
38-9 which he is enrolled provides the program of distance education.
38-10 2. Before a pupil who is enrolled in a charter school may enroll part
38-11 time in a program of distance education that is provided by a school
38-12 district or another charter school, the pupil must obtain the written
38-13 permission of the governing body of the charter school in which the pupil
38-14 is enrolled.
38-15 3. If the governing body of a charter school grants permission
38-16 pursuant to subsection 2, the governing body shall enter into a written
38-17 agreement with the board of trustees or governing body, as applicable,
38-18 that provides the program of distance education. A separate agreement
38-19 must be prepared for each year that a pupil enrolls in a program of
38-20 distance education. The written agreement must:
38-21 (a) Contain a statement prepared by the governing body of the charter
38-22 school in which the pupil is enrolled indicating that the governing body
38-23 understands that the superintendent of public instruction will make
38-24 appropriate adjustments in the apportionments to the charter school
38-25 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
38-26 program of distance education;
38-27 (b) Contain a statement prepared by the governing body of the charter
38-28 school in which the pupil is enrolled and the board of trustees or
38-29 governing body that provides the program of distance education setting
38-30 forth the percentage of the total time services will be provided to the pupil
38-31 through the program of distance education per school day in proportion
38-32 to the total time services are provided during a school day to pupils who
38-33 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
38-34 1 of NRS 387.1233 for the school district in which the pupil resides;
38-35 (c) Be signed by the governing body of the charter school in which the
38-36 pupil is enrolled and the board of trustees or governing body that
38-37 provides the program of distance education; and
38-38 (d) Include any other information required by the state board by
38-39 regulation.
38-40 4. On or before September 1 or January 1 of each year, as applicable
38-41 for the semester of enrollment, a written agreement must be filed with the
38-42 superintendent of public instruction for each pupil who is enrolled in a
38-43 charter school and who is enrolled part time in a program of distance
38-44 education provided by a school district or another charter school. If an
38-45 agreement is not filed for such a pupil, the superintendent of public
38-46 instruction shall not apportion money for that pupil to the governing
38-47 body of the charter school in which the pupil is enrolled, or the board of
38-48 trustees or governing body that provides the program of distance
38-49 education.
39-1 Sec. 46. 1. If a pupil is enrolled full time in a program of distance
39-2 education provided by the board of trustees of a school district, the board
39-3 of trustees that provides the program shall declare for each such pupil
39-4 one public school within that school district to which the pupil is
39-5 affiliated. The board of trustees may declare that all the pupils enrolled
39-6 in the program of distance education are affiliated with one public school
39-7 within the school district, or it may declare individual public schools for
39-8 the pupils enrolled in the program. Upon the declared affiliation, the
39-9 pupil shall be deemed enrolled in that public school for purposes of all
39-10 the applicable requirements, statutes, regulations, rules and policies of
39-11 that public school and school district, including, without limitation:
39-12 (a) Graduation requirements;
39-13 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-14 385.391, inclusive;
39-15 (c) Provisions governing the attendance and truancy of pupils, as set
39-16 forth in NRS 392.040 to 392.220, inclusive; and
39-17 (d) Discipline of pupils.
39-18 2. A pupil who is enrolled full time in a program of distance
39-19 education provided by a charter school shall be deemed enrolled in the
39-20 charter school. All the applicable requirements, including, without
39-21 limitation, statutes, regulations, rules and policies of that charter school
39-22 apply to such a pupil, including, without limitation:
39-23 (a) Graduation requirements;
39-24 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-25 385.391, inclusive;
39-26 (c) Provisions governing the attendance and truancy of pupils, as set
39-27 forth in NRS 392.040 to 392.220, inclusive; and
39-28 (d) Discipline of pupils.
39-29 3. If a pupil is enrolled part time in a program of distance education,
39-30 all the applicable requirements, statutes, regulations, rules and policies
39-31 of the public school of the school district in which the pupil is otherwise
39-32 enrolled or the charter school in which the pupil is otherwise enrolled
39-33 apply to such a pupil, including, without limitation:
39-34 (a) Graduation requirements;
39-35 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-36 385.391, inclusive;
39-37 (c) Provisions governing the attendance and truancy of pupils, as set
39-38 forth in NRS 392.040 to 392.220, inclusive; and
39-39 (d) Discipline of pupils.
39-40 Sec. 47. 1. If the board of trustees of a school district provides a
39-41 program of distance education, the board of trustees shall ensure that the
39-42 persons who operate the program on a day-to-day basis comply with and
39-43 carry out all applicable requirements, statutes, regulations, rules and
39-44 policies of the school district, including, without limitation:
39-45 (a) Graduation requirements;
39-46 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-47 385.391, inclusive;
39-48 (c) Provisions governing the attendance and truancy of pupils, as set
39-49 forth in NRS 392.040 to 392.220, inclusive; and
40-1 (d) Discipline of pupils.
40-2 2. If the governing body of a charter school provides a program of
40-3 distance education, the governing body shall:
40-4 (a) For each pupil who is enrolled in the program, provide written
40-5 notice to the board of trustees of the school district in which the pupil
40-6 resides of the type of educational services that will be provided to the
40-7 pupil through the program. The written notice must be provided to the
40-8 board of trustees before the pupil receives educational services through
40-9 the program of distance education.
40-10 (b) Ensure that the persons who operate the program on a day-to-day
40-11 basis comply with and carry out all applicable requirements, statutes,
40-12 regulations, rules and policies of the charter school, including, without
40-13 limitation:
40-14 (1) Graduation requirements;
40-15 (2) Accountability of public schools, as set forth in NRS 385.3455 to
40-16 385.391, inclusive;
40-17 (3) Provisions governing the attendance and truancy of pupils, as
40-18 set forth in NRS 392.040 to 392.220, inclusive; and
40-19 (4) Discipline of pupils.
40-20 Sec. 48. On or before November 1 of each year, the board of trustees
40-21 of a school district or the governing body of a charter school that
40-22 provides a program of distance education shall submit to the department
40-23 and to the legislative bureau of educational accountability and program
40-24 evaluation a written report that contains a summary of the program for
40-25 the immediately preceding school year which includes, without
40-26 limitation:
40-27 1. A description of the manner in which the program was carried
40-28 out;
40-29 2. The expenditures made for the program;
40-30 3. The number of pupils who were enrolled full time in the program
40-31 and the number of pupils who were enrolled part time in the program;
40-32 4. If available, a description of the reasons why pupils enrolled in the
40-33 program;
40-34 5. The number of pupils who dropped out of the program, if any;
40-35 6. A description of any disciplinary measures taken against pupils
40-36 who were enrolled in the program; and
40-37 7. An analysis of the academic achievement and performance of the
40-38 pupils who were enrolled in the program before and after the pupils
40-39 participated in the program.
40-40 Sec. 49. 1. The state board shall adopt regulations that prescribe:
40-41 (a) The process for submission of an application by a person or entity
40-42 for inclusion of a course of distance education on the list prepared by the
40-43 department pursuant to section 39 of this act and the contents of the
40-44 application;
40-45 (b) The process for submission of an application by the board of
40-46 trustees of a school district or the governing body of a charter school to
40-47 provide a program of distance education and the contents of the
40-48 application;
41-1 (c) The qualifications and conditions for enrollment that a pupil must
41-2 satisfy to enroll in a program of distance education, consistent with
41-3 section 43 of this act;
41-4 (d) A method for reporting to the department the number of pupils
41-5 who are enrolled in a program of distance education and the attendance
41-6 of those pupils;
41-7 (e) The requirements for assessing the achievement of pupils who are
41-8 enrolled in a program of distance education, which must include, without
41-9 limitation, the administration of the achievement and proficiency
41-10 examinations required pursuant to NRS 389.015 and 389.550; and
41-11 (f) A written description of the process pursuant to which the state
41-12 board may revoke its approval for the operation of a program of distance
41-13 education.
41-14 2. The state board may adopt regulations as it determines are
41-15 necessary to carry out the provisions of sections 35 to 49, inclusive, of
41-16 this act.
41-17 Sec. 50. NRS 388.090 is hereby amended to read as follows:
41-18 388.090 1. Except as otherwise permitted pursuant to this section,
41-19 boards of trustees of school districts shall schedule and provide a minimum
41-20 of 180 days of free school in the districts under their charge.
41-21 2. The superintendent of public instruction may, upon application by a
41-22 board of trustees, authorize a reduction of not more than 15 school days in
41-23 a particular district to establish or maintain a 12-month school program or a
41-24 program involving alternative scheduling, if the board of trustees
41-25 demonstrates that the proposed schedule for the program provides for a
41-26 greater number of minutes of instruction than would be provided under a
41-27 program consisting of 180 school days. Before authorizing a reduction in
41-28 the number of required school days pursuant to this subsection, the
41-29 superintendent of public instruction must find that the proposed schedule
41-30 will be used to alleviate problems associated with a growth in enrollment
41-31 or overcrowding, or to establish and maintain a program of alternative
41-32 schooling[.] , including, without limitation, a program of distance
41-33 education provided by the board of trustees pursuant to sections 35 to 49,
41-34 inclusive, of this act.
41-35 3. The superintendent of public instruction may, upon application by a
41-36 board of trustees, authorize the addition of minutes of instruction to any
41-37 scheduled day of free school if days of free school are lost because of any
41-38 interscholastic activity. Not more than 5 days of free school so lost may be
41-39 rescheduled in this manner.
41-40 4. Each school district shall schedule at least 3 contingent days of
41-41 school in addition to the number of days required by this section, which
41-42 must be used if a natural disaster, inclement weather or an accident
41-43 necessitates the closing of a majority of the facilities within the district.
41-44 5. If more than 3 days of free school are lost because a natural disaster,
41-45 inclement weather or an accident necessitates the closing of a majority of
41-46 the facilities within a school district, the superintendent of public
41-47 instruction, upon application by the school district, may permit the
41-48 additional days lost to be counted as school days in session. The
42-1 application must be submitted in the manner prescribed by the
42-2 superintendent of public instruction.
42-3 6. The state board [of education] shall adopt regulations providing
42-4 procedures for changing schedules of instruction to be used if a natural
42-5 disaster, inclement weather or an accident necessitates the closing of a
42-6 particular school within a school district.
42-7 Sec. 51. NRS 388.537 is hereby amended to read as follows:
42-8 388.537 1. The board of trustees of a school district may, subject to
42-9 the approval of the state board, operate an alternative program for the
42-10 education of pupils at risk of dropping out of high school, including pupils
42-11 who:
42-12 (a) Because of extenuating circumstances, such as their being pregnant,
42-13 parents, chronically ill or self-supporting, are not able to attend the classes
42-14 of instruction regularly provided in high school;
42-15 (b) Are deficient in the amount of academic credit necessary to graduate
42-16 with pupils their same age;
42-17 (c) Are chronically absent from high school; or
42-18 (d) Require instruction on a more personal basis than that regularly
42-19 provided in high school.
42-20 2. An alternative program may include:
42-21 (a) A shorter school day, and an opportunity for pupils to attend a
42-22 longer school day, than that regularly provided in high school.
42-23 (b) An opportunity for pupils to attend classes of instruction during any
42-24 part of the calendar year.
42-25 (c) A comprehensive curriculum that includes elective classes of
42-26 instruction and occupational education.
42-27 (d) An opportunity for pupils to obtain academic credit through
42-28 experience gained at work or while engaged in other activities.
42-29 (e) An opportunity for pupils to satisfy either:
42-30 (1) The requirements for a regular high school diploma; or
42-31 (2) The requirements for a high school diploma for adults.
42-32 (f) The provision of child care for the children of pupils.
42-33 (g) The transportation of pupils to and from classes of instruction.
42-34 (h) The temporary placement of pupils for independent study, if there
42-35 are extenuating circumstances which prevent those pupils from attending
42-36 the alternative program on a daily basis.
42-37 3. The board of trustees of a school district may operate an
42-38 alternative program pursuant to this section through a program of
42-39 distance education pursuant to sections 35 to 49, inclusive, of this act.
42-40 Sec. 52. NRS 388.700 is hereby amended to read as follows:
42-41 388.700 1. Except as otherwise provided in subsections 2, 3 and 6,
42-42 after the last day of the first month of the school year, the ratio in each
42-43 school district of pupils per class in kindergarten and grades 1, 2 and 3 per
42-44 licensed teacher designated to teach those classes full time must not exceed
42-45 15 to 1 in classes where core curriculum is taught. In determining this ratio,
42-46 all licensed educational personnel who teach kindergarten or grade 1, 2 or
42-47 3 must be counted except teachers of art, music, physical education or
42-48 special education, counselors, librarians, administrators, deans and
42-49 specialists.
43-1 2. A school district may, within the limits of any plan adopted pursuant
43-2 to NRS 388.720, assign a pupil whose enrollment in a grade occurs after
43-3 the last day of the first month of the school year to any existing class
43-4 regardless of the number of pupils in the class.
43-5 3. The state board may grant to a school district a variance from the
43-6 limitation on the number of pupils per class set forth in subsection 1 for
43-7 good cause, including the lack of available financial support specifically
43-8 set aside for the reduction of pupil-teacher ratios.
43-9 4. The state board shall, on or before February 1 of each odd-
43-10 numbered year, report to the legislature on:
43-11 (a) Each variance granted by it during the preceding biennium,
43-12 including the specific justification for the variance.
43-13 (b) The data reported to it by the various school districts pursuant to
43-14 subsection 2 of NRS 388.710, including an explanation of that data, and
43-15 the current pupil-teacher ratios per class in kindergarten and grades 1, 2
43-16 and 3.
43-17 5. The department shall, on or before November 15 of each year,
43-18 report to the chief of the budget division of the department of
43-19 administration and the fiscal analysis division of the legislative counsel
43-20 bureau:
43-21 (a) The number of teachers employed;
43-22 (b) The number of teachers employed in order to attain the ratio
43-23 required by subsection 1;
43-24 (c) The number of pupils enrolled; and
43-25 (d) The number of teachers assigned to teach in the same classroom
43-26 with another teacher or in any other arrangement other than one teacher
43-27 assigned to one classroom of pupils,
43-28 during the current school year in kindergarten and grades 1, 2 and 3 for
43-29 each school district.
43-30 6. The provisions of this section do not apply to a charter school[.] or
43-31 to a program of distance education provided pursuant to sections 35 to
43-32 49, inclusive, of this act.
43-33 Sec. 53. NRS 389.017 is hereby amended to read as follows:
43-34 389.017 1. The state board shall [prescribe] adopt regulations
43-35 requiring that each board of trustees of a school district and each governing
43-36 body of a charter school submit to the superintendent of public instruction
43-37 and the department, in the form and manner prescribed by the
43-38 superintendent, the results of achievement and proficiency examinations
43-39 given in the 4th, 8th, 10th and 11th grades to public school pupils of the
43-40 district and charter schools. The state board shall not include in the
43-41 regulations any provision which would violate the confidentiality of the
43-42 test scores of any individual pupil.
43-43 2. The results of examinations must be reported for each school,
43-44 including, without limitation, each charter school, school district and this
43-45 state , as follows:
43-46 (a) The average score, as defined by the department, of pupils who took
43-47 the examinations under regular testing conditions; and
43-48 (b) The average score, as defined by the department, of pupils who took
43-49 the examinations with modifications or accommodations approved by the
44-1 private entity that created the examination or, if the department created the
44-2 examination, the department, if such reporting does not violate the
44-3 confidentiality of the test scores of any individual pupil.
44-4 3. The department shall adopt regulations prescribing the requirements
44-5 for reporting the scores of pupils who:
44-6 (a) Took the examinations under conditions that were not approved by
44-7 the private entity that created the examination or, if the department created
44-8 the examination, by the department;
44-9 (b) Are enrolled in special schools for children with disabilities;
44-10 (c) Are enrolled in an alternative program for the education of pupils at
44-11 risk of dropping out of high school[;] , including, without limitation, a
44-12 program of distance education that is provided to pupils who are at risk
44-13 of dropping out of high school pursuant to sections 35 to 49, inclusive, of
44-14 this act; or
44-15 (d) Are detained in a:
44-16 (1) Youth training center;
44-17 (2) Youth center;
44-18 (3) Juvenile forestry camp;
44-19 (4) Detention home;
44-20 (5) Youth camp;
44-21 (6) Juvenile correctional institution; or
44-22 (7) Correctional institution.
44-23 The scores reported pursuant to this subsection must not be included in the
44-24 average scores reported pursuant to subsection 2.
44-25 4. Not later than 10 days after the department receives the results of
44-26 the achievement and proficiency examinations, the department shall
44-27 transmit a copy of the results of the examinations administered pursuant to
44-28 NRS 389.015 to the legislative bureau of educational accountability and
44-29 program evaluation in a manner that does not violate the confidentiality of
44-30 the test scores of any individual pupil.
44-31 5. On or before November 15 of each year, each school district and
44-32 each charter school shall report to the department the following
44-33 information for each examination administered in the public schools in the
44-34 school district or charter school:
44-35 (a) The examination administered;
44-36 (b) The grade level or levels of pupils to whom the examination was
44-37 administered;
44-38 (c) The costs incurred by the school district or charter school in
44-39 administering each examination; and
44-40 (d) The purpose, if any, for which the results of the examination are
44-41 used by the school district or charter school.
44-42 On or before December 15 of each year, the department shall transmit to
44-43 the budget division of the department of administration and the fiscal
44-44 analysis division of the legislative counsel bureau the information
44-45 submitted to the department pursuant to this subsection.
44-46 6. The superintendent of schools of each school district and the
44-47 governing body of each charter school shall certify that the number of
44-48 pupils who took the examinations required pursuant to NRS 389.015 is
44-49 equal to the number of pupils who are enrolled in each school in the school
45-1 district or in the charter school who are required to take the examinations
45-2 except for those pupils who are exempt from taking the examinations. A
45-3 pupil may be exempt from taking the examinations if:
45-4 (a) His primary language is not English and his proficiency in the
45-5 English language is below the level that the state board determines is
45-6 proficient, as measured by an assessment of proficiency in the English
45-7 language prescribed by the state board pursuant to subsection 8; or
45-8 (b) He is enrolled in a program of special education pursuant to NRS
45-9 388.440 to 388.520, inclusive, and his program of special education
45-10 specifies that he is exempt from taking the examinations.
45-11 7. In addition to the information required by subsection 5, the
45-12 superintendent of public instruction shall:
45-13 (a) Report the number of pupils who were not exempt from taking the
45-14 examinations but were absent from school on the day that the examinations
45-15 were administered; and
45-16 (b) Reconcile the number of pupils who were required to take the
45-17 examinations with the number of pupils who were exempt from taking the
45-18 examinations or absent from school on the day that the examinations were
45-19 administered.
45-20 8. The state board shall prescribe an assessment of proficiency in the
45-21 English language for pupils whose primary language is not English to
45-22 determine which pupils are exempt from the examinations pursuant to
45-23 paragraph (a) of subsection 6.
45-24 Sec. 54. NRS 389.155 is hereby amended to read as follows:
45-25 389.155 1. The state board shall, by regulation, establish a program
45-26 pursuant to which a pupil enrolled full time in high school may complete
45-27 any required or elective course by independent study outside of the normal
45-28 classroom setting. A program of independent study provided pursuant to
45-29 this section may be offered through a program of distance education
45-30 pursuant to sections 35 to 49, inclusive, of this act.
45-31 2. The regulations must require that:
45-32 (a) The teacher of the course assign to the pupil the work assignments
45-33 necessary to complete the course; and
45-34 (b) The pupil and teacher meet or otherwise communicate with each
45-35 other at least once each week during the course to discuss the pupil’s
45-36 progress.
45-37 3. The board of trustees in each school district may, in accordance with
45-38 the regulations adopted pursuant to subsections 1 and 2, provide for
45-39 independent study by pupils enrolled full time in high schools in its district.
45-40 A board of trustees that chooses to allow such study may provide that:
45-41 (a) The pupils participating in the independent study be given
45-42 instruction individually or in a group.
45-43 (b) The independent study be offered during the regular school day.
45-44 Sec. 55. NRS 389.560 is hereby amended to read as follows:
45-45 389.560 1. The state board shall adopt regulations that require the
45-46 board of trustees of each school district and the governing body of each
45-47 charter school to submit to the superintendent of public instruction, the
45-48 department and the council, in the form and manner prescribed by the
45-49 superintendent, the results of the examinations administered pursuant to
46-1 NRS 389.550. The state board shall not include in the regulations any
46-2 provision that would violate the confidentiality of the test scores of an
46-3 individual pupil.
46-4 2. The results of the examinations must be reported for each school,
46-5 including, without limitation, each charter school, school district and this
46-6 state, as follows:
46-7 (a) The percentage of pupils who have demonstrated proficiency, as
46-8 defined by the department, and took the examinations under regular testing
46-9 conditions; and
46-10 (b) The percentage of pupils who have demonstrated proficiency, as
46-11 defined by the department, and took the examinations with modifications
46-12 or accommodations approved by the private entity that created the
46-13 examination or, if the department created the examination, the department,
46-14 if such reporting does not violate the confidentiality of the test scores of
46-15 any individual pupil.
46-16 3. The department shall adopt regulations prescribing the requirements
46-17 for reporting the results of pupils who:
46-18 (a) Took the examinations under conditions that were not approved by
46-19 the private entity that created the examination or, if the department created
46-20 the examination, by the department;
46-21 (b) Are enrolled in special schools for children with disabilities;
46-22 (c) Are enrolled in an alternative program for the education of pupils at
46-23 risk of dropping out of high school[;] , including, without limitation, a
46-24 program of distance education that is provided to pupils who are at risk
46-25 of dropping out of high school pursuant to sections 35 to 49, inclusive, of
46-26 this act; or
46-27 (d) Are detained in a:
46-28 (1) Youth training center;
46-29 (2) Youth center;
46-30 (3) Juvenile forestry camp;
46-31 (4) Detention home;
46-32 (5) Youth camp;
46-33 (6) Juvenile correctional institution; or
46-34 (7) Correctional institution.
46-35 The results reported pursuant to this subsection must not be included in the
46-36 percentage of pupils reported pursuant to subsection 2.
46-37 4. Not later than 10 days after the department receives the results of
46-38 the examinations, the department shall transmit a copy of the results to the
46-39 legislative bureau of educational accountability and program evaluation in
46-40 a manner that does not violate the confidentiality of the test scores of any
46-41 individual pupil.
46-42 5. On or before November 15 of each year, each school district and
46-43 each charter school shall report to the department the following
46-44 information for each examination administered in the public schools in the
46-45 school district or charter school:
46-46 (a) The examination administered;
46-47 (b) The grade level or levels of pupils to whom the examination was
46-48 administered;
47-1 (c) The costs incurred by the school district or charter school in
47-2 administering each examination; and
47-3 (d) The purpose, if any, for which the results of the examination are
47-4 used by the school district or charter school.
47-5 On or before December 15 of each year, the department shall transmit to
47-6 the budget division of the department of administration and the fiscal
47-7 analysis division of the legislative counsel bureau the information
47-8 submitted to the department pursuant to this subsection.
47-9 6. The superintendent of schools of each school district and the
47-10 governing body of each charter school shall certify that the number of
47-11 pupils who took the examinations is equal to the number of pupils who are
47-12 enrolled in each school in the school district or in the charter school who
47-13 are required to take the examinations, except for those pupils who are
47-14 exempt from taking the examinations. A pupil may be exempt from taking
47-15 the examinations if:
47-16 (a) His primary language is not English and his proficiency in the
47-17 English language is below the level that the state board determines is
47-18 proficient, as measured by an assessment of proficiency in the English
47-19 language prescribed by the state board pursuant to subsection 8; or
47-20 (b) He is enrolled in a program of special education pursuant to NRS
47-21 388.440 to 388.520, inclusive, and his program of special education
47-22 specifies that he is exempt from taking the examinations.
47-23 7. In addition to the information required by subsection 5, the
47-24 superintendent of public instruction shall:
47-25 (a) Report the number of pupils who were not exempt from taking the
47-26 examinations but were absent from school on the day that the examinations
47-27 were administered; and
47-28 (b) Reconcile the number of pupils who were required to take the
47-29 examinations with the number of pupils who were exempt from taking the
47-30 examinations or absent from school on the day that the examinations were
47-31 administered.
47-32 8. The state board shall prescribe an assessment of proficiency in the
47-33 English language for pupils whose primary language is not English to
47-34 determine which pupils are exempt from the examinations pursuant to
47-35 paragraph (a) of subsection 6.
47-36 Sec. 56. NRS 391.170 is hereby amended to read as follows:
47-37 391.170 1. Except as otherwise provided in subsection 2, a teacher or
47-38 other employee for whom a license is required is not entitled to receive any
47-39 portion of public money for schools as compensation for services rendered
47-40 unless:
47-41 (a) He is legally employed by the board of trustees of the school district
47-42 or the governing body of the charter school in which he is teaching or
47-43 performing other educational functions.
47-44 (b) He has a license authorizing him to teach or perform other
47-45 educational functions at the level and in the field for which he is employed,
47-46 issued in accordance with law and in full force at the time the services are
47-47 rendered.
47-48 2. The provisions of subsection 1 do not prohibit the payment of public
47-49 money to teachers or other employees who are employed by a charter
48-1 school for whom a license is not required pursuant to the provisions of
48-2 NRS 386.590 . [and 386.595.]
48-3 Sec. 57. NRS 391.31965 is hereby amended to read as follows:
48-4 391.31965 Except as otherwise provided in this section, if a
48-5 postprobationary employee of a school district or charter school in this
48-6 state:
48-7 1. Voluntarily leaves his employment; and
48-8 2. Is, within 5 years after the date on which he left that employment,
48-9 employed by any school district or charter school in this state in a position
48-10 that is comparable to the position in which he attained his postprobationary
48-11 status,
48-12 he must be allowed to continue as a postprobationary employee and must
48-13 not be required to serve the probationary period required by subsection 1 of
48-14 NRS 391.3197. This section does not apply to a postprobationary employee
48-15 who voluntarily leaves his employment during the pendency of a
48-16 proceeding for the suspension, demotion, dismissal or refusal to reemploy
48-17 the postprobationary employee.
48-18 Sec. 58. NRS 392.010 is hereby amended to read as follows:
48-19 392.010 Except as to the attendance of a pupil pursuant to NRS
48-20 392.015 or sections 35 to 49, inclusive, of this act, or a pupil who is
48-21 ineligible for attendance pursuant to NRS 392.4675 and except as
48-22 otherwise provided in NRS 392.264 and 392.268:
48-23 1. The board of trustees of any school district may, with the approval
48-24 of the superintendent of public instruction:
48-25 (a) Admit to the school or schools of the school district any pupil or
48-26 pupils living in an adjoining school district within this state or in an
48-27 adjoining state when the school district of residence in the adjoining state
48-28 adjoins the receiving Nevada school district; or
48-29 (b) Pay tuition for pupils residing in the school district but who attend
48-30 school in an adjoining school district within this state or in an adjoining
48-31 state when the receiving district in the adjoining state adjoins the school
48-32 district of Nevada residence.
48-33 2. With the approval of the superintendent of public instruction, the
48-34 board of trustees of the school district in which the pupil or pupils reside
48-35 and the board of trustees of the school district in which the pupil or pupils
48-36 attend school shall enter into an agreement providing for the payment of
48-37 such tuition as may be agreed upon, but transportation costs must be paid
48-38 by the board of trustees of the school district in which the pupil or pupils
48-39 reside:
48-40 (a) If any are incurred in transporting a pupil or pupils to an adjoining
48-41 school district within the state; and
48-42 (b) If any are incurred in transporting a pupil or pupils to an adjoining
48-43 state, as provided by the agreement.
48-44 3. In addition to the provisions for the payment of tuition and
48-45 transportation costs for pupils admitted to an adjoining school district as
48-46 provided in subsection 2, the agreement may contain provisions for the
48-47 payment of reasonable amounts of money to defray the cost of operation,
48-48 maintenance and depreciation of capital improvements which can be
48-49 allocated to such pupils.
49-1 Sec. 59. NRS 392.035 is hereby amended to read as follows:
49-2 392.035 1. In determining the mobility of pupils in a school, for any
49-3 purpose, the department shall divide the sum of the following numbers by
49-4 the cumulative enrollment in the school:
49-5 (a) The number of late entries or transfers into a school from another
49-6 school, school district or state, after the beginning of the school year;
49-7 (b) The number of pupils reentering the school after having withdrawn
49-8 from the same school; and
49-9 (c) The number of pupils who withdraw for any reason or who are
49-10 dropped for nonattendance.
49-11 2. To determine the cumulative enrollment of the school pursuant to
49-12 subsection 1, the department shall add the total number of pupils enrolled
49-13 in programs of instruction in the school who are included in the count for
49-14 apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to
49-15 (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number
49-16 of pupils included in paragraphs (a) and (b) of subsection 1.
49-17 3. The department shall develop and distribute to the county school
49-18 districts a form upon which the information necessary to the formula may
49-19 be submitted by the individual schools.
49-20 Sec. 60. NRS 392.040 is hereby amended to read as follows:
49-21 392.040 1. Except as otherwise provided by law, each parent,
49-22 custodial parent, guardian or other person in the State of Nevada having
49-23 control or charge of any child between the ages of 7 and 17 years shall
49-24 send the child to a public school during all the time the public school is in
49-25 session in the school district in which the child resides.
49-26 2. A child who is 5 years of age on or before September 30 of a school
49-27 year may be admitted to kindergarten at the beginning of that school year,
49-28 and his enrollment must be counted for purposes of apportionment. If a
49-29 child is not 5 years of age on or before September 30 of a school year, the
49-30 child must not be admitted to kindergarten.
49-31 3. Except as otherwise provided in subsection 4, a child who is 6 years
49-32 of age on or before September 30 of a school year must:
49-33 (a) If he has not completed kindergarten, be admitted to kindergarten at
49-34 the beginning of that school year; or
49-35 (b) If he has completed kindergarten, be admitted to the first grade at
49-36 the beginning of that school year,
49-37 and his enrollment must be counted for purposes of apportionment. If a
49-38 child is not 6 years of age on or before September 30 of a school year, the
49-39 child must not be admitted to the first grade until the beginning of the
49-40 school year following his sixth birthday.
49-41 4. The parents, custodial parent, guardian or other person within the
49-42 State of Nevada having control or charge of a child who is 6 years of age
49-43 on or before September 30 of a school year may elect for the child not to
49-44 attend kindergarten or the first grade during that year. The parents,
49-45 custodial parent, guardian or other person who makes such an election shall
49-46 file with the board of trustees of the appropriate school district a waiver in
49-47 a form prescribed by the board.
49-48 5. Whenever a child who is 6 years of age is enrolled in a public
49-49 school, each parent, custodial parent, guardian or other person in the State
50-1 of Nevada having control or charge of the child shall send him to the public
50-2 school during all the time the school is in session. This requirement for
50-3 attendance does not apply to any child under the age of 7 years who has not
50-4 yet been enrolled or has been formally withdrawn from enrollment in
50-5 public school.
50-6 6. A child who is 7 years of age on or before September 30 of a school
50-7 year must:
50-8 (a) If he has completed kindergarten and the first grade, be admitted to
50-9 the second grade.
50-10 (b) If he has completed kindergarten, be admitted to the first grade.
50-11 (c) If the parents, custodial parent, guardian or other person in the State
50-12 of Nevada having control or charge of the child waived the child’s
50-13 attendance from kindergarten pursuant to subsection 4, undergo an
50-14 assessment by the district pursuant to subsection 7 to determine whether
50-15 the child is prepared developmentally to be admitted to the first grade. If
50-16 the district determines that the child is prepared developmentally, he must
50-17 be admitted to the first grade. If the district determines that the child is not
50-18 so prepared, he must be admitted to kindergarten.
50-19 The enrollment of any child pursuant to this subsection must be counted for
50-20 apportionment purposes.
50-21 7. Each school district shall prepare and administer before the
50-22 beginning of each school year a developmental screening test to a child:
50-23 (a) Who is 7 years of age on or before September 30 of the next school
50-24 year; and
50-25 (b) Whose parents waived his attendance from kindergarten pursuant to
50-26 subsection 4,
50-27 to determine whether the child is prepared developmentally to be admitted
50-28 to the first grade. The results of the test must be made available to the
50-29 parents, custodial parent, guardian or other person within the State of
50-30 Nevada having control or charge of the child.
50-31 8. A child who becomes a resident of this state after completing
50-32 kindergarten or beginning first grade in another state in accordance with
50-33 the laws of that state may be admitted to the grade he was attending or
50-34 would be attending had he remained a resident of the other state regardless
50-35 of his age, unless the board of trustees of the school district determines that
50-36 the requirements of this section are being deliberately circumvented.
50-37 9. As used in this section, “kindergarten” includes:
50-38 (a) A kindergarten established by the board of trustees of a school
50-39 district pursuant to NRS 388.060; [and]
50-40 (b) A kindergarten established by the governing body of a charter
50-41 school; and
50-42 (c) An authorized program of instruction for kindergarten offered in a
50-43 child’s home pursuant to NRS 388.060.
50-44 Sec. 61. NRS 288.060 is hereby amended to read as follows:
50-45 288.060 “Local government employer” means any political
50-46 subdivision of this state or any public or quasi-public corporation
50-47 organized under the laws of this state and includes, without limitation,
50-48 counties, cities, unincorporated towns, school districts, charter schools,
50-49 hospital districts, irrigation districts and other special districts.
51-1 Sec. 62. Chapter 361 of NRS is hereby amended by adding thereto a
51-2 new section to read as follows:
51-3 1. All real and personal property that is leased or rented to a charter
51-4 school is hereby deemed to be used for an educational purpose and is
51-5 exempt from taxation. If the property is used partly for the lease or rental
51-6 to a charter school and partly for other purposes, only the portion of the
51-7 property that is used for the lease or rental to a charter school is exempt
51-8 pursuant to this subsection.
51-9 2. To qualify for an exemption pursuant to subsection 1, the property
51-10 owner must provide the county assessor with a copy of the lease or rental
51-11 agreement indicating that:
51-12 (a) The property is leased or rented to the charter school; and
51-13 (b) The amount of payment required by the charter school pursuant to
51-14 the agreement is reduced in an amount which is at least equal to the
51-15 amount of the tax that would have been imposed if the property were not
51-16 exempt pursuant to subsection 1.
51-17 Sec. 63. NRS 361.065 is hereby amended to read as follows:
51-18 361.065 All lots, buildings and other school property owned by any
51-19 legally created school district or charter school within the state and
51-20 devoted to public school purposes are exempt from taxation.
51-21 Sec. 64. Section 60 of chapter 606, Statutes of Nevada 1999, at page
51-22 3324, is hereby amended to read as follows:
51-23 Sec. 60. 1. This section and sections 56 and 57 of this act
51-24 become effective upon passage and approval.
51-25 2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24,
51-26 inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of
51-27 this act become effective on July 1, 1999.
51-28 3. Sections 17, 25 and 46 of this act become effective at
51-29 12:01 a.m. on July 1, 1999.
51-30 4. [Section
12.5 of this act becomes effective on July 1, 2001.
51-31 5.] Section
55 of this act becomes effective on July 1, [2003.]
51-32 2006.
51-33 Sec. 64.5. Section 1 of Senate Bill No. 243 of this session is hereby
51-34 amended to read as follows:
51-35 Section 1. NRS 386.595 is hereby amended to read as follows:
51-36 386.595 1. All employees of a charter school shall be deemed
51-37 public employees.
51-38 2. Except as otherwise provided in this subsection, the provisions
51-39 of the collective bargaining agreement entered into by the board of
51-40 trustees of the school district in which the charter school is located
51-41 apply to the terms and conditions of employment of employees of the
51-42 charter school who are on a leave of absence from the school district
51-43 pursuant to subsection 5, including, without limitation, any provisions
51-44 relating to representation by the employee organization that is a party
51-45 to the collective bargaining agreement of the school district in a
51-46 grievance proceeding or other dispute arising out of the agreement.
51-47 The provisions of the collective bargaining agreement apply to each
51-48 employee for the first 3 years that he is on a leave of absence from the
52-1 school district. After the first 3 years that the employee is on a leave
52-2 of absence:
52-3 (a) If he is subsequently reassigned by the school district pursuant
52-4 to subsection 5, he is covered by the collective bargaining agreement
52-5 of the school district.
52-6 (b) If he continues his employment with the charter school, he is
52-7 covered by the collective bargaining agreement of the charter school,
52-8 if applicable.
52-9 3. Except as otherwise provided in subsection 2, the governing
52-10 body of a charter school may make all employment decisions with
52-11 regard to its employees pursuant to NRS 391.311 to 391.3197,
52-12 inclusive, unless a collective bargaining agreement entered into by the
52-13 governing body pursuant to chapter 288 of NRS contains separate
52-14 provisions relating to the discipline of licensed employees of a school.
52-15 4. [If] Except as otherwise provided in this subsection, if the
52-16 written charter of a charter school is revoked[,] or if a charter school
52-17 ceases to operate as a charter school, the employees of the charter
52-18 school must be reassigned to employment within the school district in
52-19 accordance with the applicable collective bargaining agreement. A
52-20 school district is not required to reassign an employee of a charter
52-21 school pursuant to this subsection if the employee:
52-22 (a) Was not granted a leave of absence by the school district to
52-23 teach at the charter school pursuant to subsection 5; or
52-24 (b) Was granted a leave of absence by the school district and did
52-25 not submit a written request to return to employment with the school
52-26 district in accordance with subsection 5.
52-27 5. The board of trustees of a school district that is a sponsor of a
52-28 charter school shall grant a leave of absence, not to exceed 6 years, to
52-29 any employee who is employed by the board of trustees who requests
52-30 such a leave of absence to accept employment with the charter school.
52-31 After the first school year in which an employee is on a leave of
52-32 absence, he may return to his former teaching position with the board
52-33 of trustees. After the third school year, an employee who is on a leave
52-34 of absence may submit a written request to the board of trustees to
52-35 return to a comparable teaching position with the board of trustees.
52-36 After the sixth school year, an employee shall either submit a written
52-37 request to return to a comparable teaching position or resign from the
52-38 position for which his leave was granted. The board of trustees shall
52-39 grant a written request to return to a comparable position pursuant to
52-40 this subsection even if the return of the employee requires the board
52-41 of trustees to reduce the existing work force of the school district. The
52-42 board of trustees may require that a request to return to a teaching
52-43 position submitted pursuant to this subsection be submitted at least 90
52-44 days before the employee would otherwise be required to report to
52-45 duty.
52-46 6. An employee who is on a leave of absence from a school
52-47 district pursuant to this section shall contribute to and be eligible for
52-48 all benefits for which he would otherwise be entitled, including,
52-49 without limitation, participation in the public employees’ retirement
53-1 system and accrual of time for the purposes of leave and retirement.
53-2 The time during which such an employee is on leave of absence and
53-3 employed in a charter school does not count toward the acquisition of
53-4 permanent status with the school district.
53-5 7. Upon the return of a teacher to employment in the school
53-6 district, he is entitled to the same level of retirement, salary and any
53-7 other benefits to which he would otherwise be entitled if he had not
53-8 taken a leave of absence to teach in a charter school.
53-9 8. An employee of a charter school who is not on a leave of
53-10 absence from a school district is eligible for all benefits for which he
53-11 would be eligible for employment in a public school, including,
53-12 without limitation, participation in the public employees’ retirement
53-13 system.
53-14 9. For all employees of a charter school:
53-15 (a) The compensation that a teacher or other school employee
53-16 would have received if he were employed by the school district must
53-17 be used to determine the appropriate levels of contribution required of
53-18 the employee and employer for purposes of the public employees’
53-19 retirement system.
53-20 (b) The compensation that is paid to a teacher or other school
53-21 employee that exceeds the compensation that he would have received
53-22 if he were employed by the school district must not be included for
53-23 the purposes of calculating future retirement benefits of the employee.
53-24 10. If the board of trustees of a school district in which a charter
53-25 school is located manages a plan of group insurance for its employees,
53-26 the governing body of the charter school may negotiate with the board
53-27 of trustees to participate in the same plan of group insurance that the
53-28 board of trustees offers to its employees. If the employees of the
53-29 charter school participate in the plan of group insurance managed by
53-30 the board of trustees, the governing body of the charter school shall:
53-31 (a) Ensure that the premiums for that insurance are paid to the
53-32 board of trustees; and
53-33 (b) Provide, upon the request of the board of trustees, all
53-34 information that is necessary for the board of trustees to provide the
53-35 group insurance to the employees of the charter school.
53-36 Sec. 65. 1. There is hereby appropriated from the state general fund
53-37 to the legislative fund the sum of $10,000 for use by the legislative bureau
53-38 of educational accountability and program evaluation to hire a consultant to
53-39 conduct case study evaluations of charter schools within this state.
53-40 2. The consultant hired by the bureau shall conduct on-site evaluations
53-41 of not more than eight charter schools within this state selected by the
53-42 bureau for evaluation. On or before February 1, 2003, the consultant shall
53-43 submit a written report to the bureau that includes for each charter school
53-44 which was evaluated:
53-45 (a) A description of the charter school;
53-46 (b) A description of the academic achievement and progress of pupils
53-47 who are enrolled in the charter school;
53-48 (c) A description of the demographics of the pupils who are enrolled in
53-49 the charter school;
54-1 (d) An overview of the curriculum for each grade level taught at the
54-2 charter school;
54-3 (e) A description of the system of governance of the charter school,
54-4 including, without limitation, an explanation of the process by which
54-5 decisions are made;
54-6 (f) A description of the financial plan for the charter school;
54-7 (g) An identification and evaluation of the accomplishments of the
54-8 charter school;
54-9 (h) An identification and evaluation of the factors that hindered the
54-10 progress of the charter school in achieving the academic or educational
54-11 results set forth in its application to form a charter school;
54-12 (i) A summary of the practices of the charter school that offer an
54-13 example for other charter schools within this state; and
54-14 (j) Any recommendations for legislation based upon the results of the
54-15 evaluation.
54-16 3. The bureau shall submit a copy of the written evaluation, including
54-17 any recommendations for legislation, to the 72nd session of the Nevada
54-18 legislature.
54-19 Sec. 66. If the membership of the governing body of a charter school
54-20 that is in operation before July 1, 2002, does not comply with the
54-21 amendatory provisions of section 18 of this act, the charter school shall
54-22 make appropriate changes to the membership of the governing body and
54-23 otherwise take appropriate action to ensure that the governing body of the
54-24 charter school complies with the amendatory provisions of section 18 of
54-25 this act on or before July 1, 2002.
54-26 Sec. 67. Notwithstanding the provisions of subsection 1 of NRS
54-27 288.180 to the contrary, an employee organization established pursuant to
54-28 chapter 288 of NRS which desires to negotiate with the governing body of
54-29 a charter school:
54-30 1. Concerning a collective bargaining agreement intended to become
54-31 effective during the 2001-2002 school year; and
54-32 2. With respect to a subject of negotiation that requires the budgeting
54-33 of money,
54-34 must apply to the governing body for recognition on or before
54-35 September 1, 2001, and give the notice required by subsection 1 of NRS
54-36 288.180 on or before October 1, 2001.
54-37 Sec. 68. If a person accepts an offer of employment from a charter
54-38 school before the effective date of section 24 of this act and takes a leave
54-39 of absence from the school district in which the charter school is located,
54-40 the 3-year period provided in the amendatory provisions of subsection 2 of
54-41 section 24 of this act begins to run after the effective date of that section,
54-42 upon the renewal of any applicable collective bargaining agreement
54-43 entered into by the board of trustees of the school district.
54-44 Sec. 69. The state board of education shall consider sponsorship of
54-45 charter schools in accordance with the amendatory provisions of section 15
54-46 of this act for schools that will commence operation during or after the
54-47 2002-2003 school year.
54-48 Sec. 70. 1. On or before December 1, 2001, the state board of
54-49 education shall submit a draft of the regulations required by section 49 of
55-1 this act to the legislative committee on education for the review and
55-2 comment of the committee.
55-3 2. On or before February 1, 2002, the legislative committee on
55-4 education shall review the draft regulations and provide comment to the
55-5 state board.
55-6 3. On or before April 1, 2002, the state board shall adopt final
55-7 regulations required by section 49 of this act.
55-8 Sec. 71. The department of education shall accept applications to
55-9 provide programs of distance education in accordance with section 40 of
55-10 this act for programs that will commence operation with the 2002-2003
55-11 school year. If any deadlines contained within the regulations adopted by
55-12 the state board pursuant to section 49 of this act prohibit a school district or
55-13 charter school from submitting an application for the 2002-2003 school
55-14 year, the department shall grant a shorter period of time for the school
55-15 district or charter school to submit an application for the 2002-2003 school
55-16 year, notwithstanding the provisions of those regulations.
55-17 Sec. 72. If a school district or charter school has provided before
55-18 June 1, 2001, a program that includes distance education in accordance
55-19 with all applicable statutes and regulations, the school district or charter
55-20 school may continue to offer that program for the 2001-2002 school year if
55-21 the school district or charter school provides written notice of the existence
55-22 of the program to the department of education on or before July 1, 2001.
55-23 After the 2001-2002 school year, the school district or charter school must
55-24 comply with sections 35 to 49, inclusive, of this act, if it desires to continue
55-25 the program. The provisions of this section apply to a charter school
55-26 regardless of whether the terms of the written charter of the charter school
55-27 authorize the charter school to provide a program that includes distance
55-28 education.
55-29 Sec. 73. The department of education shall provide the financial
55-30 support necessary for the school districts and charter schools to incorporate
55-31 charter schools into the statewide automated system of information
55-32 concerning pupils pursuant to the amendatory provisions of sections 27 and
55-33 28 of this act.
55-34 Sec. 74. The amendatory provisions of this act do not apply to
55-35 offenses committed before July 1, 2001.
55-36 Sec. 75. Section 12.5 of chapter 606, Statutes of Nevada 1999, at page
55-37 3292, is hereby repealed.
55-38 Sec. 76. 1. This section and sections 24, 64, 67 and 68 of this act
55-39 become effective upon passage and approval.
55-40 2. Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21, 22, 23, 27,
55-41 28, 56, 60 to 63, inclusive, 65, 66 and 69 to 75, inclusive, of this act
55-42 become effective on July 1, 2001.
55-43 3. Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 55, inclusive, 58 and 59
55-44 of this act become effective on July 1, 2002.
55-45 4. Sections 57 and 64.5 of this act become effective at 12:01 a.m. on
55-46 July 1, 2001.
56-1 TEXT OF REPEALED SECTION
56-2 Section 12.5 of chapter 606, Statutes of Nevada 1999:
56-3 Sec. 12.5. NRS 386.510 is hereby amended to read as follows:
56-4 386.510 1. Except as otherwise provided in subsection 2:
56-5 (a) In a county whose population is more than 400,000, [two] four
56-6 charter schools may be formed per every 75,000 pupils who are
56-7 enrolled in public schools in the county school district.
56-8 (b) In a county whose population is more than 100,000 but less
56-9 than 400,000, two four charter schools may be formed.
56-10 (c) In a county whose population is less than 100,000, one charter
56-11 school may be formed.
56-12 2. The limitations set forth in subsection 1 do not apply to charter
56-13 schools that are dedicated to providing educational programs and
56-14 opportunities for pupils who are at risk.
56-15 H