S.B. 399
Senate Bill No. 399–Senator Care
March 19, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Revises provisions governing education. (BDR 34‑859)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; revising provisions governing charter schools; authorizing boards of trustees of school districts and governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board of education to adopt regulations prescribing the requirements of programs of distance education; revising provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; making certain provisions related to collective bargaining applicable to charter schools and their employees; repealing the prospective removal of the limit on the number of charter schools that may be formed; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:
1-1 1. Unless otherwise authorized by specific statute, it is unlawful for a
1-2 member of the board of trustees of a school district or an employee of a
1-3 school district to solicit or accept any gift or payment of money on his
1-4 own behalf or on behalf of the school district or for any other purpose
1-5 from a member of a committee to form a charter school, the governing
1-6 body of a charter school, or any officer or employee of a charter school.
1-7 2. This section does not prohibit the payment of a salary or other
1-8 compensation or income to a member of the board of trustees or an
1-9 employee of a school district for services provided in accordance with a
1-10 contract made pursuant to NRS 386.560.
1-11 3. A person who violates subsection 1 shall be punished for a
1-12 misdemeanor.
2-1 Sec. 2. NRS 386.520 is hereby amended to read as follows:
2-2 386.520 1. A committee to form a charter school must consist of at
2-3 least[three] seven persons, at least three of whom must be teachers, as
2-4 defined in [NRS 391.311, alone or in combination with:
2-5 (a) Ten or more members] subsection 4. In addition to the teachers
2-6 who serve, the committee may consist of:
2-7 (a) Members of the general public;
2-8 (b) Representatives of an organization devoted to service to the general
2-9 public;
2-10 (c) Representatives of a private business; or
2-11 (d) Representatives of a college or university within the University and
2-12 Community College System of Nevada.
2-13 A majority of the persons described in paragraphs (a) to (d), inclusive,
2-14 who serve on the committee must be residents of this state at the time that
2-15 the application to form the charter school is submitted to the department.
2-16 2. Before a committee to form a charter school may submit an
2-17 application to the board of trustees of a school district, it must submit the
2-18 application to the department. The application must include all information
2-19 prescribed by the department by regulation and:
2-20 (a) A written description of how the charter school will carry out the
2-21 provisions of NRS 386.500 to 386.610, inclusive[.] , and section 1 of this
2-22 act.
2-23 (b) A written description of the mission and goals for the charter school.
2-24 A charter school must have as its stated purpose at least one of the
2-25 following goals:
2-26 (1) Improving the opportunities for pupils to learn;
2-27 (2) Encouraging the use of effective methods of teaching;
2-28 (3) Providing an accurate measurement of the educational
2-29 achievement of pupils;
2-30 (4) Establishing accountability of public schools;
2-31 (5) Providing a method for public schools to measure achievement
2-32 based upon the performance of the schools; or
2-33 (6) Creating new professional opportunities for teachers.
2-34 (c) The projected enrollment of pupils in the charter school.
2-35 (d) The proposed dates of enrollment for the charter school.
2-36 (e) The proposed system of governance for the charter school,
2-37 including, without limitation, the number of persons who will govern, the
2-38 method of selecting the persons who will govern and the term of office for
2-39 each person. The system of governance must comply with NRS 386.549.
2-40 (f) The method by which disputes will be resolved between the
2-41 governing body of the charter school and the sponsor of the charter school.
2-42 (g) The proposed curriculum for the charter school.
2-43 (h) The textbooks that will be used at the charter school.
2-44 (i) The qualifications of the persons who will provide instruction at the
2-45 charter school.
2-46 (j) Except as otherwise required by NRS 386.595, the process by which
2-47 the governing body of the charter school will negotiate employment
2-48 contracts with the employees of the charter school.
3-1 (k) A financial plan for the operation of the charter school. The plan
3-2 must include, without limitation, procedures for the audit of the programs
3-3 and finances of the charter school and guidelines for determining the
3-4 financial liability if the charter school is unsuccessful.
3-5 (l) A statement of whether the charter school will provide for the
3-6 transportation of pupils to and from the charter school. If the charter school
3-7 will provide transportation, the application must include the proposed plan
3-8 for the transportation of pupils. If the charter school will not provide
3-9 transportation, the application must include a statement that the charter
3-10 school will work with the parents and guardians of pupils enrolled in the
3-11 charter school to develop a plan for transportation to ensure that pupils
3-12 have access to transportation to and from the charter school.
3-13 (m) The procedure for the evaluation of teachers of the charter school, if
3-14 different from the procedure prescribed in NRS 391.3125. If the procedure
3-15 is different from the procedure prescribed in NRS 391.3125, the procedure
3-16 for the evaluation of teachers of the charter school must provide the same
3-17 level of protection and otherwise comply with the standards for evaluation
3-18 set forth in NRS 391.3125.
3-19 (n) The time by which certain academic or educational results will be
3-20 achieved.
3-21 3. The department shall review an application to form a charter school
3-22 to determine whether it is complete. The department shall provide written
3-23 notice to the applicant of its approval or denial of the application. If the
3-24 department denies an application, the department shall include in the
3-25 written notice the reason for the denial and the deficiencies in the
3-26 application. The applicant must be granted 30 days after receipt of the
3-27 written notice to correct any deficiencies identified in the written notice
3-28 and resubmit the application.
3-29 4. As used in subsection 1, “teacher” means a person who:
3-30 (a) Holds a current license to teach issued pursuant to chapter 391 of
3-31 NRS;
3-32 (b) Is currently employed by a school district in this state; and
3-33 (c) Has been employed for at least 3 years immediately preceding the
3-34 date on which the application is submitted in a position pursuant to
3-35 which he devotes the majority of his time rendering direct educational
3-36 service to pupils enrolled in the school district.
3-37 The term does not include a person who is employed as a substitute
3-38 teacher.
3-39 Sec. 3. NRS 386.549 is hereby amended to read as follows:
3-40 386.549 1. The initial membership of the governing body of a
3-41 charter school [shall] must consist of all the members of the committee
3-42 that submitted the application to form the charter school, whose terms
3-43 must be for a period of at least 1 year. After the initial membership, the
3-44 governing body of a charter school must consist of at least [three] seven
3-45 persons, at least three of whom must be teachers, as defined in [NRS
3-46 391.311,] subsection 3, and may consist of, without limitation, parents and
3-47 representatives of nonprofit organizations and businesses. Each teacher
3-48 who serves on the governing body must be employed to provide
3-49 instruction at the charter school. If the teacher ceases to be employed in
4-1 that capacity at the charter school, his term on the governing body
4-2 automatically expires.
4-3 2. The governing body of a charter school is a public body. It is hereby
4-4 given such reasonable and necessary powers, not conflicting with the
4-5 constitution and the laws of the State of Nevada, as may be requisite to
4-6 attain the ends for which the charter school is established and to promote
4-7 the welfare of pupils who are enrolled in the charter school.
4-8 3. As used in this section, “teacher” means a person who:
4-9 (a) Holds a current license to teach issued pursuant to chapter 391 of
4-10 NRS;
4-11 (b) Was employed by a school district in this state on the date on
4-12 which the application to form the charter school was submitted; and
4-13 (c) Was employed by a school district in this state for at least 3 years
4-14 immediately preceding the date on which the application to form a
4-15 charter school was submitted in a position pursuant to which he devoted
4-16 the majority of his time rendering direct educational service to pupils
4-17 enrolled in the school district.
4-18 The term does not include a person who is employed as a substitute
4-19 teacher.
4-20 Sec. 4. NRS 386.550 is hereby amended to read as follows:
4-21 386.550 1. A charter school shall:
4-22 [1.] (a) Comply with all laws and regulations relating to discrimination
4-23 and civil rights.
4-24 [2.] (b) Remain nonsectarian, including, without limitation, in its
4-25 educational programs, policies for admission and employment practices.
4-26 [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing
4-27 bonds.
4-28 [4.] (d) Comply with any plan for desegregation ordered by a court that
4-29 is in effect in the school district in which the charter school is located.
4-30 [5.] (e) Comply with the provisions of chapter 241 of NRS.
4-31 [6.] (f) Except as otherwise provided in this [subsection,] paragraph,
4-32 schedule and provide annually at least as many days of instruction as are
4-33 required of other public schools located in the same school district as the
4-34 charter school is located. The governing body of a charter school may
4-35 submit a written request to the superintendent of public instruction for a
4-36 waiver from providing the days of instruction required by this [subsection.]
4-37 paragraph. The superintendent of public instruction may grant such a
4-38 request if the governing body demonstrates to the satisfaction of the
4-39 superintendent that:
4-40 [(a)] (1) Extenuating circumstances exist to justify the waiver; and
4-41 [(b)] (2) The charter school will provide at least as many hours or
4-42 minutes of instruction as would be provided under a program consisting of
4-43 180 days.
4-44 [7.] (g) Cooperate with the board of trustees of the school district in the
4-45 administration of the achievement and proficiency examinations
4-46 administered pursuant to NRS 389.015 and the examinations required
4-47 pursuant to NRS 389.550 to the pupils who are enrolled in the charter
4-48 school.
5-1 [8.] (h) Comply with applicable statutes and regulations governing the
5-2 achievement and proficiency of pupils in this state.
5-3 [9.] (i) Provide instruction in the core academic subjects set forth in
5-4 subsection 1 of NRS 389.018, as applicable for the grade levels of pupils
5-5 who are enrolled in the charter school, and provide at least the courses of
5-6 instruction that are required of pupils by statute or regulation for promotion
5-7 to the next grade or graduation from a public high school and require the
5-8 pupils who are enrolled in the charter school to take those courses of study.
5-9 This [subsection] paragraph does not preclude a charter school from
5-10 offering, or requiring the pupils who are enrolled in the charter school to
5-11 take, other courses of study that are required by statute or regulation.
5-12 [10.] (j) Refrain from using public money to purchase real property or
5-13 buildings without the approval of the sponsor.
5-14 [11.] (k) Hold harmless, indemnify and defend the sponsor of the
5-15 charter school against any claim or liability arising from an act or omission
5-16 by the governing body of the charter school or an employee or officer of
5-17 the charter school. An action at law may not be maintained against the
5-18 sponsor of a charter school for any cause of action for which the charter
5-19 school has obtained liability insurance.
5-20 [12.] (l) Provide written notice to the parents or legal guardians of
5-21 pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of
5-22 whether the charter school is accredited by the Commission on Schools of
5-23 the Northwest Association of Schools and Colleges.
5-24 [13.] (m) Adopt a final budget in accordance with the regulations
5-25 adopted by the department. A charter school is not required to adopt a final
5-26 budget pursuant to NRS 354.598 or otherwise comply with the provisions
5-27 of chapter 354 of NRS.
5-28 (n) If the charter school provides a program of distance education
5-29 pursuant to sections 16 to 24, inclusive, of this act, comply with all
5-30 statutes and regulations that are applicable to a program of distance
5-31 education for purposes of the operation of the program, regardless of
5-32 whether those statutes and regulations impose additional requirements
5-33 upon the charter school.
5-34 2. A charter school shall not provide instruction, including, without
5-35 limitation, instruction provided through a program of distance education,
5-36 to children who are exempt from compulsory attendance and receiving
5-37 equivalent instruction authorized by the state board pursuant to
5-38 subsection 1 of NRS 392.070. As used in this subsection, “distance
5-39 education” has the meaning ascribed to it in section 17 of this act.
5-40 Sec. 5. NRS 386.560 is hereby amended to read as follows:
5-41 386.560 1. The governing body of a charter school may contract with
5-42 the board of trustees of the school district in which the charter school is
5-43 located or the University and Community College System of Nevada for
5-44 the provision of facilities to operate the charter school or to perform any
5-45 service relating to the operation of the charter school, including, without
5-46 limitation, transportation and the provision of health services for the pupils
5-47 who are enrolled in the charter school.
5-48 2. A charter school may use any public facility located within the
5-49 school district in which the charter school is located. A charter school may
6-1 use school buildings owned by the school district only upon approval of the
6-2 board of trustees of the school district and during times that are not regular
6-3 school hours.
6-4 3. The board of trustees of a school district may donate surplus
6-5 personal property of the school district to a charter school that is located
6-6 within the school district.
6-7 4. [Upon] Except as otherwise provided in this subsection, upon the
6-8 request of a parent or legal guardian of a pupil who is enrolled in a charter
6-9 school, the board of trustees of the school district in which the charter
6-10 school is located shall authorize the pupil to participate in a class that is not
6-11 available to the pupil at the charter school or participate in an
6-12 extracurricular activity, excluding sports, at a public school within the
6-13 school district if:
6-14 (a) Space for the pupil in the class or extracurricular activity is
6-15 available; and
6-16 (b) The parent or legal guardian demonstrates to the satisfaction of the
6-17 board of trustees that the pupil is qualified to participate in the class or
6-18 extracurricular activity.
6-19 If the board of trustees of a school district authorizes a pupil to participate
6-20 in a class or extracurricular activity, excluding sports, pursuant to this
6-21 subsection, the board of trustees is not required to provide transportation
6-22 for the pupil to attend the class or activity. The provisions of this
6-23 subsection do not apply to a pupil who is enrolled in a charter school and
6-24 who desires to participate on a part-time basis in a program of distance
6-25 education provided by the board of trustees of a school district pursuant
6-26 to section 22 of this act.
6-27 5. Upon the request of a parent or legal guardian of a pupil who is
6-28 enrolled in a charter school, the board of trustees of the school district in
6-29 which the charter school is located shall authorize the pupil to participate in
6-30 sports at the public school that he would otherwise be required to attend
6-31 within the school district, or upon approval of the board of trustees, any
6-32 public school within the same zone of attendance as the charter school if:
6-33 (a) Space is available for the pupil to participate; and
6-34 (b) The parent or legal guardian demonstrates to the satisfaction of the
6-35 board of trustees that the pupil is qualified to
participate.
6-36 If the board of trustees of a school district authorizes a pupil to participate
6-37 in sports pursuant to this subsection, the board of trustees is not required to
6-38 provide transportation for the pupil to participate.
6-39 6. The board of trustees of a school district may revoke its approval for
6-40 a pupil to participate in a class, extracurricular activity or sports at a public
6-41 school pursuant to subsections 4 and 5 if the board of trustees or the public
6-42 school determines that the pupil has failed to comply with applicable
6-43 statutes, or applicable rules and regulations of the board of trustees, the
6-44 public school or an association for interscholastic activities. If the board of
6-45 trustees so revokes its approval, neither the board of trustees nor the public
6-46 school are liable for any damages relating to the denial of services to the
6-47 pupil.
7-1 Sec. 6. NRS 386.570 is hereby amended to read as follows:
7-2 386.570 1. Each pupil who is enrolled in a charter school, including,
7-3 without limitation, a pupil who is enrolled in a program of special
7-4 education in a charter school, must be included in the count of pupils in the
7-5 school district for the purposes of apportionments and allowances from the
7-6 state distributive school account pursuant to NRS 387.121 to 387.126,
7-7 inclusive, unless the pupil is exempt from compulsory attendance pursuant
7-8 to NRS 392.070. A charter school is entitled to receive its proportionate
7-9 share of any other money available from federal, state or local sources that
7-10 the school or the pupils who are enrolled in the school are eligible to
7-11 receive.
7-12 2. The governing body of a charter school may negotiate with the
7-13 board of trustees of the school district and the state board for additional
7-14 money to pay for services which the governing body wishes to offer.
7-15 3. To determine the amount of money for distribution to a charter
7-16 school in its first year of operation, the count of pupils who are enrolled in
7-17 the charter school must initially be determined 30 days before the
7-18 beginning of the school year of the school district, based on the number of
7-19 pupils whose applications for enrollment have been approved by the
7-20 charter school. The count of pupils who are enrolled in the charter school
7-21 must be revised on the last day of the first school month of the school
7-22 district in which the charter school is located for the school year, based on
7-23 the actual number of pupils who are enrolled in the charter school.
7-24 Pursuant to subsection [2] 4 of NRS 387.124, the governing body of a
7-25 charter school may request that the apportionments made to the charter
7-26 school in its first year of operation be paid to the charter school 30 days
7-27 before the apportionments are otherwise required to be made.
7-28 4. The governing body of a charter school may solicit and accept
7-29 donations, money, grants, property, loans, personal services or other
7-30 assistance for purposes relating to education from members of the general
7-31 public, corporations or agencies. The governing body may comply with
7-32 applicable federal laws and regulations governing the provision of federal
7-33 grants for charter schools.
7-34 5. If a charter school uses money received from this state to purchase
7-35 real property, buildings, equipment or facilities, the governing body of the
7-36 charter school shall assign a security interest in the property, buildings,
7-37 equipment and facilities to the State of Nevada.
7-38 Sec. 7. NRS 386.590 is hereby amended to read as follows:
7-39 386.590 1. Except as otherwise provided in this subsection, at least
7-40 70 percent of the teachers who provide instruction at a charter school must
7-41 be licensed teachers. If a charter school is a vocational school, the charter
7-42 school shall, to the extent practicable, ensure that at least 70 percent of the
7-43 teachers who provide instruction at the school are licensed teachers, but in
7-44 no event may more than 50 percent of the teachers who provide instruction
7-45 at the school be unlicensed teachers.
7-46 2. A governing body of a charter school shall employ:
7-47 (a) If the charter school offers instruction in kindergarten or grade 1, 2,
7-48 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those
7-49 grades.
8-1 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or
8-2 12, a licensed teacher to teach pupils who are enrolled in those grades for
8-3 the following courses of study:
8-4 (1) English, including reading, composition and writing;
8-5 (2) Mathematics;
8-6 (3) Science; and
8-7 (4) Social studies, which includes only the subjects of history,
8-8 geography, economics and government.
8-9 (c) In addition to the requirements of paragraphs (a) and (b):
8-10 (1) If a charter school specializes in arts and humanities, physical
8-11 education or health education, a licensed teacher to teach those courses of
8-12 study.
8-13 (2) If a charter school specializes in the construction industry or other
8-14 building industry, licensed teachers to teach courses of study relating to the
8-15 industry if those teachers are employed full time.
8-16 (3) If a charter school specializes in the construction industry or other
8-17 building industry and the school offers courses of study in computer
8-18 education, technology or business, licensed teachers to teach those courses
8-19 of study if those teachers are employed full time.
8-20 It is unlawful for the governing body of a charter school to employ any
8-21 teacher pursuant to this subsection who is not legally qualified to teach
8-22 all the grades that the teacher is engaged to teach.
8-23 3. A charter school may employ a person who is not licensed pursuant
8-24 to the provisions of chapter 391 of NRS to teach a course of study for
8-25 which a licensed teacher is not required pursuant to subsection 2 if the
8-26 person has:
8-27 (a) A degree, a license or a certificate in the field for which he is
8-28 employed to teach at the charter school; and
8-29 (b) At least 2 years of experience in that field.
8-30 4. A charter school may employ such administrators for the school as
8-31 it deems necessary. A person employed as an administrator must possess:
8-32 (a) A master’s degree in school administration, public administration or
8-33 business administration; or
8-34 (b) If the person has at least 5 years of experience in administration, a
8-35 baccalaureate degree.
8-36 5. A charter school shall not employ a person pursuant to this section if
8-37 his license to teach or provide other educational services has been revoked
8-38 or suspended in this state or another state.
8-39 6. On or before November 15 of each year, a charter school shall
8-40 submit to the department, in a form prescribed by the superintendent of
8-41 public instruction, the following information for each licensed employee
8-42 who is employed by the governing body on October 1 of that year:
8-43 (a) The amount of salary of the employee; and
8-44 (b) The designated assignment, as that term is defined by the
8-45 department, of the employee.
8-46 Sec. 8. NRS 386.595 is hereby amended to read as follows:
8-47 386.595 1. Except as otherwise provided in this subsection and
8-48 subsections 2 , 3 and [3,] 4, the provisions of the collective bargaining
8-49 agreement entered into by the board of trustees of the school district in
9-1 which the charter school is located apply to the terms and conditions of
9-2 employment of employees of the charter school. [If a written charter is
9-3 renewed, the employees of the charter school may, at the time of renewal,
9-4 apply for recognition as a bargaining unit pursuant to NRS 288.160.] An
9-5 employee of a charter school is not a member of the same bargaining
9-6 unit as an employee of the school district and is not entitled to
9-7 representation by the employee organization that is a party to the
9-8 collective bargaining agreement of the school district. However, during
9-9 the time that the collective bargaining agreement of the school district
9-10 remains applicable to the employees of the charter school, the employee
9-11 organization that is a party to the agreement may, but is not required to,
9-12 represent an employee of the charter school in a grievance proceeding or
9-13 other dispute arising out of the agreement.
9-14 2. A charter school is exempt from the specific provisions of the
9-15 collective bargaining agreement of the school district that controls the:
9-16 (a) Periods of preparation time for teachers, provided that the charter
9-17 school allows at least the same amount of time for preparation as the
9-18 school district;
9-19 (b) Times of day that a teacher may work;
9-20 (c) Number of hours that a teacher may work in 1 day;
9-21 (d) Number of hours and days that a teacher may work in 1 week; and
9-22 (e) Number of
hours and days that a teacher may work in 1
year.
9-23 If a teacher works more than the number of hours or days prescribed in the
9-24 collective bargaining agreement, the teacher must be compensated for the
9-25 additional hours or days in an amount calculated by prorating the salary for
9-26 the teacher that is set forth in the collective bargaining agreement.
9-27 3. A teacher or a governing body of a charter school may request that
9-28 the [board of trustees of the school district and other persons] parties who
9-29 entered into the collective bargaining agreement of the school district grant
9-30 a waiver from specific provisions of the [collective bargaining] agreement
9-31 for the teacher or governing body.
9-32 4. The collective bargaining agreement of a school district in which a
9-33 charter school is located ceases to apply to the employees in any
9-34 bargaining unit recognized by the governing body of the charter school
9-35 pursuant to chapter 288 of NRS if, pursuant to that chapter, an employee
9-36 organization is recognized as the exclusive bargaining agent for those
9-37 employees and a new collective bargaining agreement is entered into
9-38 between the governing body and the employee organization. The
9-39 employee organization that is a party to the collective bargaining
9-40 agreement of the school district may seek recognition on the same basis
9-41 as any other employee organization.
9-42 5. All employees of a charter school shall be deemed public
9-43 employees.
9-44 [5.] 6. The governing body of a charter school may make all
9-45 employment decisions with regard to its employees pursuant to NRS
9-46 391.311 to 391.3197, inclusive, unless the applicable collective bargaining
9-47 agreement contains separate provisions relating to the discipline of licensed
9-48 employees of a school.
10-1 [6.] 7. If the written charter of a charter school is revoked, the
10-2 employees of the charter school must be reassigned to employment within
10-3 the school district in accordance with the applicable collective bargaining
10-4 agreement.
10-5 [7.] A school district is not required to reassign an employee of a
10-6 charter school pursuant to this subsection if the employee:
10-7 (a) Was not granted a leave of absence by the school district to teach
10-8 at the charter school pursuant to subsection 8; or
10-9 (b) Was granted a leave of absence by the school district and did not
10-10 submit a written request to return to employment with the school district
10-11 in accordance with subsection 8.
10-12 8. The board of trustees of a school district that is a sponsor of a
10-13 charter school shall grant a leave of absence, not to exceed 6 years, to any
10-14 employee who is employed by the board of trustees who requests such a
10-15 leave of absence to accept employment with the charter school. After the
10-16 first school year in which an employee is on a leave of absence, he may
10-17 return to his former teaching position with the board of trustees. After the
10-18 third school year, an employee who is on a leave of absence may submit a
10-19 written request to the board of trustees to return to a comparable teaching
10-20 position with the board of trustees. After the sixth school year, an
10-21 employee shall either submit a written request to return to a comparable
10-22 teaching position or resign from the position for which his leave was
10-23 granted. The board of trustees shall grant a written request to return to a
10-24 comparable position pursuant to this subsection even if the return of the
10-25 employee requires the board of trustees to reduce the existing work force of
10-26 the school district. The board of trustees may require that a request to
10-27 return to a teaching position submitted pursuant to this subsection be
10-28 submitted at least 90 days before the employee would otherwise be
10-29 required to report to duty.
10-30 [8.] 9. An employee who is on a leave of absence from a school
10-31 district pursuant to this section shall contribute to and be eligible for all
10-32 benefits for which he would otherwise be entitled, including, without
10-33 limitation, participation in the public employees’ retirement system and
10-34 accrual of time for the purposes of leave and retirement. The time during
10-35 which such an employee is on leave of absence and employed in a charter
10-36 school does not count toward the acquisition of permanent status with the
10-37 school district.
10-38 [9.] 10. Upon the return of a teacher to employment in the school
10-39 district, he is entitled to the same level of retirement, salary and any other
10-40 benefits to which he would otherwise be entitled if he had not taken a leave
10-41 of absence to teach in a charter school.
10-42 [10.] 11. An employee of a charter school who is not on a leave of
10-43 absence from a school district is eligible for all benefits for which he would
10-44 be eligible for employment in a public school, including, without
10-45 limitation, participation in the public employees’ retirement system.
10-46 [11.] 12. For all employees of a charter school:
10-47 (a) The compensation that a teacher or other school employee would
10-48 have received if he were employed by the school district must be used to
11-1 determine the appropriate levels of contribution required of the employee
11-2 and employer for purposes of the public employees’ retirement system.
11-3 (b) The compensation that is paid to a teacher or other school employee
11-4 that exceeds the compensation that he would have received if he were
11-5 employed by the school district must not be included for the purposes of
11-6 calculating future retirement benefits of the employee.
11-7 [12.] 13. If the board of trustees of a school district in which a charter
11-8 school is located manages a plan of group insurance for its employees, the
11-9 governing body of the charter school may negotiate with the board of
11-10 trustees to participate in the same plan of group insurance that the board of
11-11 trustees offers to its employees. If the employees of the charter school
11-12 participate in the plan of group insurance managed by the board of trustees,
11-13 the governing body of the charter school shall:
11-14 (a) Ensure that the premiums for that insurance are paid to the board of
11-15 trustees; and
11-16 (b) Provide, upon the request of the board of trustees, all information
11-17 that is necessary for the board of trustees to provide the group insurance to
11-18 the employees of the charter school.
11-19 Sec. 9. NRS 386.600 is hereby amended to read as follows:
11-20 386.600 1. On or before November 15 of each year, the governing
11-21 body of each charter school shall submit to the sponsor of the charter
11-22 school, the superintendent of public instruction , the governor and the
11-23 director of the legislative counsel bureau for transmission to the majority
11-24 leader of the senate and the speaker of the assembly a report that includes:
11-25 (a) A written description of the progress of the charter school in
11-26 achieving the mission and goals of the charter school set forth in its
11-27 application.
11-28 (b) For each licensed employee and nonlicensed teacher employed by
11-29 the charter school on October 1 of that year:
11-30 (1) The amount of salary of the employee; and
11-31 (2) The designated assignment, as that term is defined by the
11-32 department, of the employee.
11-33 (c) For each fund maintained by the charter school, including, without
11-34 limitation, the general fund of the charter school and any special revenue
11-35 fund which receives state money, the total number and salaries of licensed
11-36 and nonlicensed persons whose salaries are paid from the fund and who are
11-37 employed by the governing body in full-time positions or in part-time
11-38 positions added together to represent full-time positions. Information must
11-39 be provided for the current school year based upon the final budget of the
11-40 charter school, including any amendments and augmentations thereto, and
11-41 for the preceding school year. An employee must be categorized as filling
11-42 an instructional, administrative, instructional support or other position.
11-43 (d) The count of pupils who are enrolled in a charter school in:
11-44 (1) Kindergarten;
11-45 (2) Grades 1 to 12, inclusive; and
11-46 (3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
11-47 (e) The actual expenditures of the charter school in the fiscal year
11-48 immediately preceding the report.
12-1 (f) The proposed expenditures of the charter school for the current fiscal
12-2 year.
12-3 (g) The salary schedule for licensed employees and nonlicensed
12-4 teachers in the current school year and a statement of whether salary
12-5 negotiations for the current school year have been completed. If salary
12-6 negotiations have not been completed at the time the salary schedule is
12-7 submitted, the governing body shall submit a supplemental report to the
12-8 superintendent of public instruction upon completion of negotiations.
12-9 (h) The number of employees eligible for health insurance within the
12-10 charter school for the current and preceding fiscal years and the amount
12-11 paid for health insurance for each such employee during those years.
12-12 (i) The rates for fringe benefits, excluding health insurance, paid by the
12-13 charter school for its licensed employees in the preceding and current fiscal
12-14 years.
12-15 (j) The amount paid for extra duties, supervision of extracurricular
12-16 activities and supplemental pay, and the number of employees receiving
12-17 that pay in the preceding and current fiscal years.
12-18 2. On or before November 25 of each year, the superintendent of
12-19 public instruction shall submit to the governor, the department of
12-20 administration and the fiscal analysis division of the legislative counsel
12-21 bureau, in a format approved by the director of the department of
12-22 administration, a compilation of the reports made by each governing body
12-23 pursuant to subsection 1.
12-24 3. The superintendent of public instruction shall, in the compilation
12-25 required by subsection 2, reconcile the revenues and expenditures of the
12-26 charter schools with the apportionment received by those schools from the
12-27 state distributive school account for the preceding year.
12-28 Sec. 10. NRS 387.123 is hereby amended to read as follows:
12-29 387.123 1. The count of pupils for apportionment purposes includes
12-30 all pupils who are enrolled in programs of instruction of the school district ,
12-31 including, without limitation, a program of distance education provided
12-32 by the school district, or pupils who reside in the county in which the
12-33 school district is located and are enrolled in any charter school , including,
12-34 without limitation, a program of distance education provided by a charter
12-35 school for:
12-36 (a) Pupils in the kindergarten department.
12-37 (b) Pupils in grades 1 to 12, inclusive.
12-38 (c) Pupils not included under paragraph (a) or (b) who are receiving
12-39 special education pursuant to the provisions of NRS 388.440 to 388.520,
12-40 inclusive.
12-41 (d) Pupils not included under paragraph (a) or (b) who reside in the
12-42 county and are enrolled full time in a program of distance education
12-43 provided by another school district if an agreement is filed with the
12-44 superintendent of public instruction pursuant to section 21 of this act.
12-45 (e) Pupils not included under paragraph (a) or (b) who reside in the
12-46 county and are enrolled part time in a program of distance education if
12-47 an agreement is filed with the superintendent of public instruction
12-48 pursuant to section 21 or 22 of this act, as applicable.
13-1 (f) Children detained in detention homes, alternative programs and
13-2 juvenile forestry camps receiving instruction pursuant to the provisions of
13-3 NRS 388.550, 388.560 and 388.570.
13-4 [(e)] (g) Pupils who are enrolled in classes pursuant to subsection 4 of
13-5 NRS 386.560.
13-6 [(f)] (h) Pupils who are enrolled in classes pursuant to subsection 3 of
13-7 NRS 392.070.
13-8 [(g)] (i) Part-time pupils enrolled in classes and taking courses
13-9 necessary to receive a high school diploma, excluding those pupils who are
13-10 included in paragraphs (e) , (g) and [(f).] (h).
13-11 2. The state board shall establish uniform regulations for counting
13-12 enrollment and calculating the average daily attendance of pupils. In
13-13 establishing such regulations for the public schools, the state board:
13-14 (a) Shall divide the school year into 10 school months, each containing
13-15 20 or fewer school days.
13-16 (b) May divide the pupils in grades 1 to 12, inclusive, into categories
13-17 composed respectively of those enrolled in elementary schools and those
13-18 enrolled in secondary schools.
13-19 (c) Shall prohibit the counting of any pupil specified in subsection 1
13-20 more than once.
13-21 3. Except as otherwise provided in subsection 4 and NRS 388.700, the
13-22 state board shall establish by regulation the maximum pupil-teacher ratio in
13-23 each grade, and for each subject matter wherever different subjects are
13-24 taught in separate classes, for each school district of this state which is
13-25 consistent with:
13-26 (a) The maintenance of an acceptable standard of instruction;
13-27 (b) The conditions prevailing in the school district with respect to the
13-28 number and distribution of pupils in each grade; and
13-29 (c) Methods of instruction used, which may include educational
13-30 television, team teaching or new teaching systems or
techniques.
13-31 If the superintendent of public instruction finds that any school district is
13-32 maintaining one or more classes whose pupil-teacher ratio exceeds the
13-33 applicable maximum, and unless he finds that the board of trustees of the
13-34 school district has made every reasonable effort in good faith to comply
13-35 with the applicable standard, he shall, with the approval of the state board,
13-36 reduce the count of pupils for apportionment purposes by the percentage
13-37 which the number of pupils attending those classes is of the total number of
13-38 pupils in the district, and the state board may direct him to withhold the
13-39 quarterly apportionment entirely.
13-40 4. [A] The provisions of subsection 3 do not apply to a charter school
13-41 [is not required to comply with the pupil-teacher ratio prescribed by the
13-42 state board pursuant to subsection 3.] or a program of distance education
13-43 provided pursuant to sections 16 to 24, inclusive, of this act.
13-44 Sec. 11. NRS 387.1233 is hereby amended to read as follows:
13-45 387.1233 1. Except as otherwise provided in subsection 2, basic
13-46 support of each school district must be computed by:
13-47 (a) Multiplying the basic support guarantee per pupil established for that
13-48 school district for that school year by the sum of:
14-1 (1) Six-tenths the count of pupils enrolled in the kindergarten
14-2 department on the last day of the first school month of the school district
14-3 for the school year, including, without limitation, the count of pupils who
14-4 reside in the county and are enrolled in any charter school on the last day
14-5 of the first school month of the school district for the school year.
14-6 (2) [The] Except for the pupils who are counted pursuant to
14-7 subparagraph (3), the count of pupils enrolled in grades 1 to 12, inclusive,
14-8 on the last day of the first school month of the school district for the school
14-9 year, including, without limitation, the count of pupils who reside in the
14-10 county and are enrolled in any charter school on the last day of the first
14-11 school month of the school district for the school year.
14-12 (3) Six-tenths the count of pupils who reside in the county and are
14-13 enrolled:
14-14 (I) Full time in a program of distance education provided by the
14-15 school district or a charter school on the last day of the first school
14-16 month of the school district for the school year.
14-17 (II) Full time in a program of distance education provided by
14-18 another school district if an agreement is filed with the superintendent of
14-19 public instruction pursuant to section 21 of this act, on the last day of the
14-20 first school month of the school district for the school year.
14-21 (4) The count of pupils not included under subparagraph (1), (2) or
14-22 (3) who reside in the county and are enrolled:
14-23 (I) In a public school of the school district and are concurrently
14-24 enrolled part time in a program of distance education provided by
14-25 another school district or a charter school if an agreement is filed with
14-26 the superintendent of public instruction pursuant to section 21 of this
14-27 act, on the last day of the first school month of the school district for the
14-28 school year, expressed as a percentage of the total time services are
14-29 provided to those pupils per school day in proportion to the total time
14-30 services are provided during a school day to pupils who are counted
14-31 pursuant to subparagraph (2).
14-32 (II) In a charter school and are concurrently enrolled part time
14-33 in a program of distance education provided by a school district or
14-34 another charter school if an agreement is filed with the superintendent of
14-35 public instruction pursuant to section 22 of this act, on the last day of the
14-36 first school month of the school district for the school year, expressed as
14-37 a percentage of the total time services are provided to those pupils per
14-38 school day in proportion to the total time services are provided during a
14-39 school day to pupils who are counted pursuant to subparagraph (2).
14-40 (5) The count of pupils not included under subparagraph (1) , [or] (2)
14-41 , (3) or (4) who are receiving special education pursuant to the provisions
14-42 of NRS 388.440 to 388.520, inclusive, on the last day of the first school
14-43 month of the school district for the school year, excluding the count of
14-44 pupils who have not attained the age of 5 years and who are receiving
14-45 special education pursuant to subsection 1 of NRS 388.490 on that day.
14-46 [(4)] (6) Six-tenths the count of pupils who have not attained the age
14-47 of 5 years and who are receiving special education pursuant to subsection 1
14-48 of NRS 388.490 on the last day of the first school month of the school
14-49 district for the school year.
15-1 [(5)] (7) The count of children detained in detention homes,
15-2 alternative programs and juvenile forestry camps receiving instruction
15-3 pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the
15-4 last day of the first school month of the school district for the school year.
15-5 [(6)] (8) The count of pupils who are enrolled in classes for at least
15-6 one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of
15-7 NRS 392.070, expressed as a percentage of the total time services are
15-8 provided to those pupils per school day in proportion to the total time
15-9 services are provided during a school day to pupils who are counted
15-10 pursuant to subparagraph (2).
15-11 (b) Multiplying the number of special education program units
15-12 maintained and operated by the amount per program established for that
15-13 school year.
15-14 (c) Adding the amounts computed in paragraphs (a) and (b).
15-15 2. If the enrollment of pupils in a school district or a charter school
15-16 that is located within the school district on the last day of the first school
15-17 month of the school district for the school year is less than the enrollment
15-18 of pupils in the same school district or charter school on the last day of the
15-19 first school month of the school district for the immediately preceding
15-20 school year, the larger number must be used for purposes of apportioning
15-21 money from the state distributive school account to that school district or
15-22 charter school pursuant to NRS 387.124.
15-23 3. Pupils who are excused from attendance at examinations or have
15-24 completed their work in accordance with the rules of the board of trustees
15-25 must be credited with attendance during that period.
15-26 4. Pupils who are incarcerated in a facility or institution operated by
15-27 the department of prisons must not be counted for the purpose of
15-28 computing basic support pursuant to this section. The average daily
15-29 attendance for such pupils must be reported to the department of education.
15-30 5. Part-time pupils who are enrolled in courses which are approved by
15-31 the department as meeting the requirements for an adult to earn a high
15-32 school diploma must not be counted for the purpose of computing basic
15-33 support pursuant to this section. The average daily attendance for such
15-34 pupils must be reported to the department.
15-35 Sec. 12. NRS 387.124 is hereby amended to read as follows:
15-36 387.124 Except as otherwise provided in this section and NRS
15-37 387.528:
15-38 1. On or before August 1, November 1, February 1 and May 1 of each
15-39 year, the superintendent of public instruction shall[, except as otherwise
15-40 provided in subsections 2 and 3,] apportion the state distributive school
15-41 account in the state general fund among the several county school districts
15-42 and charter schools in amounts approximating one-fourth of their
15-43 respective yearly apportionments less any amount set aside as a reserve.
15-44 The apportionment to a school district, computed on a yearly basis, equals
15-45 the difference between the basic support and the local funds available
15-46 pursuant to NRS 387.1235, minus all the funds attributable to pupils who
15-47 reside in the county but attend a charter school[.] and all the funds
15-48 attributable to pupils who reside in the county and are enrolled full time
15-49 or part time in a program of distance education provided by another
16-1 school district or a charter school. No apportionment may be made to a
16-2 school district if the amount of the local funds exceeds the amount of basic
16-3 support. The apportionment to a charter school, computed on a yearly
16-4 basis, is equal to the sum of the basic support per pupil in the county in
16-5 which the pupil resides plus the amount of local funds available per pupil
16-6 pursuant to NRS 387.1235 and all other funds available for public schools
16-7 in the county in which the pupil resides[.] minus all the funds attributable
16-8 to pupils who are enrolled in the charter school but are concurrently
16-9 enrolled part time in a program of distance education provided by a
16-10 school district or another charter school. If the apportionment per pupil to
16-11 a charter school is more than the amount to be apportioned to the school
16-12 district in which a pupil who is enrolled in the charter school resides, the
16-13 school district in which the pupil resides shall pay the difference directly to
16-14 the charter school.
16-15 2. In addition to the apportionments made pursuant to this section,
16-16 an apportionment must be made to a school district that provides a
16-17 program of distance education for each pupil enrolled full time in the
16-18 program who does not reside within the school district which provides the
16-19 program if an agreement is filed for that pupil pursuant to section 21 of
16-20 this act. The amount of the apportionment, computed on a yearly basis,
16-21 equals the difference between the basic support calculated pursuant to
16-22 subparagraph (3) of paragraph (a) of subsection 1 of NRS 387.1233 and
16-23 the local funds available pursuant to NRS 387.1235 to the school district
16-24 in which the pupil resides.
16-25 3. In addition to the apportionments made pursuant to this section,
16-26 an apportionment must be made to a school district or charter school that
16-27 provides a program of distance education for each pupil who is enrolled
16-28 part time in the program if an agreement is filed for that pupil pursuant
16-29 to section 21 or 22 of this act, as applicable. The amount of the
16-30 apportionment must be equal to the percentage of the total time services
16-31 are provided to the pupil through the program of distance education per
16-32 school day in proportion to the total time services are provided during a
16-33 school day to pupils who are counted pursuant to subparagraph (2) of
16-34 paragraph (a) of subsection 1 of NRS 387.1233 for the school district in
16-35 which the pupil resides.
16-36 4. The governing body of a charter school may submit a written
16-37 request to the superintendent of public instruction to receive, in the first
16-38 year of operation of the charter school, an apportionment 30 days before
16-39 the apportionment is required to be made pursuant to subsection 1. Upon
16-40 receipt of such a request, the superintendent of public instruction may
16-41 make the apportionment 30 days before the apportionment is required to be
16-42 made. A charter school may receive all four apportionments in advance in
16-43 its first year of operation.
16-44 [3.] 5. If the state controller finds that such an action is needed to
16-45 maintain the balance in the state general fund at a level sufficient to pay the
16-46 other appropriations from it, he may pay out the apportionments monthly,
16-47 each approximately one-twelfth of the yearly apportionment less any
16-48 amount set aside as a reserve. If such action is needed, the state controller
16-49 shall submit a report to the department of administration and the fiscal
17-1 analysis division of the legislative counsel bureau documenting reasons for
17-2 the action.
17-3 Sec. 13. NRS 387.1243 is hereby amended to read as follows:
17-4 387.1243 1. The first apportionment based on an estimated number
17-5 of pupils and special education program units and succeeding
17-6 apportionments are subject to adjustment from time to time as the need
17-7 therefor may appear.
17-8 2. The apportionments to a school district may be adjusted during a
17-9 fiscal year by the department of education, upon approval by the state
17-10 board of examiners and the interim finance committee, if the department of
17-11 taxation and the county assessor in the county in which the school district
17-12 is located certify to the department of education that the school district will
17-13 not receive the tax levied pursuant to subsection 1 of NRS 387.195 on
17-14 property of the Federal Government located within the county if:
17-15 (a) The leasehold interest, possessory interest, beneficial interest or
17-16 beneficial use of the property is subject to taxation pursuant to NRS
17-17 361.157 and 361.159 and one or more lessees or users of the property are
17-18 delinquent in paying the tax; and
17-19 (b) The total amount of tax owed but not paid for the fiscal year by any
17-20 such lessees and users is at least 5 percent of the proceeds that the school
17-21 district would have received from the tax levied pursuant to subsection 1 of
17-22 NRS 387.195.
17-23 If a lessee or user pays the tax owed after the school district’s
17-24 apportionment has been increased in accordance with the provisions of this
17-25 subsection to compensate for the tax owed, the school district shall repay to
17-26 the state distributive school account in the state general fund an amount
17-27 equal to the tax received from the lessee or user for the year in which the
17-28 school district received an increased apportionment, not to exceed the
17-29 increase in apportionments made to the school district pursuant to this
17-30 subsection.
17-31 3. On or before August 1 of each year, the board of trustees of a school
17-32 district shall provide to the department, in a format prescribed by the
17-33 department, the count of pupils calculated pursuant to subparagraph [(6)]
17-34 (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
17-35 least one semester during the immediately preceding school year. The
17-36 count of pupils submitted to the department must be included in the final
17-37 adjustment computed pursuant to subsection 4.
17-38 4. A final adjustment for each school district and charter school must
17-39 be computed as soon as practicable following the close of the school year,
17-40 but not later than August 25. The final computation must be based upon the
17-41 actual counts of pupils required to be made for the computation of basic
17-42 support and the limits upon the support of special education programs,
17-43 except that for any year when the total enrollment of pupils and children in
17-44 a school district or a charter school located within the school district
17-45 described in paragraphs (a) [,(b), (c) and (d)] to (f), inclusive, of subsection
17-46 1 of NRS 387.123 is greater on the last day of any school month of the
17-47 school district after the second school month of the school district and the
17-48 increase in enrollment shows at least:
18-1 (a) A 3-percent gain, basic support as computed from first month
18-2 enrollment for the school district or charter school must be increased by 2
18-3 percent.
18-4 (b) A 6-percent gain, basic support as computed from first month
18-5 enrollment for the school district or charter school must be increased by an
18-6 additional 2 percent.
18-7 5. If the final computation of apportionment for any school district or
18-8 charter school exceeds the actual amount paid to the school district or
18-9 charter school during the school year, the additional amount due must be
18-10 paid before September 1. If the final computation of apportionment for any
18-11 school district or charter school is less than the actual amount paid to the
18-12 school district or charter school during the school year, the difference must
18-13 be repaid to the state distributive school account in the state general fund
18-14 by the school district or charter school before September 25.
18-15 Sec. 14. NRS 387.185 is hereby amended to read as follows:
18-16 387.185 1. Except as otherwise provided in subsection 2 and NRS
18-17 387.528, all school money due each county school district must be paid
18-18 over by the state treasurer to the county treasurer
on August 1,
November 1, February 1 and May 1 of each year or as soon thereafter as
18-19 the county treasurer may apply for it, upon the warrant of the state
18-20 controller drawn in conformity with the apportionment of the
18-21 superintendent of public instruction as provided in NRS 387.124.
18-22 2. Except as otherwise provided in NRS 387.528, if the board of
18-23 trustees of a school district establishes and administers a separate account
18-24 pursuant to the provisions of NRS 354.603, all school money due that
18-25 school district must be paid over by the state treasurer to the school district
18-26 on August 1, November 1, February 1 and May 1 of each year or as soon
18-27 thereafter as the school district may apply for it, upon the warrant of the
18-28 state controller drawn in conformity with the apportionment of the
18-29 superintendent of public instruction as provided in NRS 387.124.
18-30 3. No county school district may receive any portion of the public
18-31 school money unless that school district has complied with the provisions
18-32 of this Title and regulations adopted pursuant thereto.
18-33 4. Except as otherwise provided in this subsection, all school money
18-34 due each charter school must be paid over by the state treasurer to the
18-35 governing body of the charter school on August 1, November 1, February 1
18-36 and May 1 of each year or as soon thereafter as the governing body may
18-37 apply for it, upon the warrant of the state controller drawn in conformity
18-38 with the apportionment of the superintendent of public instruction as
18-39 provided in NRS 387.124. If the superintendent of public instruction has
18-40 approved, pursuant to subsection [2] 4 of NRS 387.124, a request for
18-41 payment of an apportionment 30 days before the apportionment is
18-42 otherwise required to be made, the money due to the charter school must be
18-43 paid by the state treasurer to the governing body of the charter school on
18-44 July 1, October 1, January 1 or April 1, as applicable.
18-45 Sec. 15. Chapter 388 of NRS is hereby amended by adding thereto the
18-46 provisions set forth as sections 16 to 24, inclusive, of this act.
19-1 Sec. 16. As used in sections 16 to 24, inclusive, of this act, unless the
19-2 context otherwise requires, the words and terms defined in sections 17
19-3 and 18 of this act have the meanings ascribed to them in those sections.
19-4 Sec. 17. “Distance education” means instruction which is delivered
19-5 by means of video, computer, television, correspondence or the Internet
19-6 or other electronic means of communication, or any combination
19-7 thereof, in such a manner that the person supervising or providing the
19-8 instruction and the pupil receiving the instruction are separated
19-9 geographically for a majority of the time during which the instruction is
19-10 delivered.
19-11 Sec. 18. “Program of distance education” means a program which
19-12 uses distance education as its primary mechanism for delivery and is
19-13 comprised of one or more courses of study that is designed for pupils
19-14 who:
19-15 1. Are participating in a program for pupils who are at risk of
19-16 dropping out of high school pursuant to NRS 388.537.
19-17 2. Are participating in a program of independent study pursuant to
19-18 NRS 389.155.
19-19 3. Are enrolled in a public school that does not offer advanced
19-20 courses.
19-21 4. Have a physical or mental condition that would otherwise require
19-22 an excuse from compulsory attendance pursuant to NRS 392.050.
19-23 5. Would otherwise be excused from compulsory attendance
19-24 pursuant to NRS 392.080.
19-25 6. Are otherwise prohibited from attending public school pursuant to
19-26 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
19-27 392.4675.
19-28 Sec. 19. 1. The board of trustees of a school district or the
19-29 governing body of a charter school may submit an application to the
19-30 department to provide a program of distance education.
19-31 2. An application to provide a program of distance education must
19-32 include:
19-33 (a) All the information prescribed by the state board by regulation.
19-34 (b) Proof satisfactory to the department that the program satisfies all
19-35 applicable statutes and regulations.
19-36 (c) If the program will be offered for enrollment of pupils on a full-
19-37 time basis by the board of trustees of a school district, a written
19-38 description of the manner in which the board of trustees will determine
19-39 the affiliation of a pupil with a public school of the school district for
19-40 purposes of section 23 of this act. The affiliation of a pupil with a public
19-41 school for purposes of section 23 of this act may be determined in
19-42 accordance with, without limitation, applicable zones established by the
19-43 board of trustees pursuant to NRS 388.040, the grade level of pupils who
19-44 are enrolled in the program or the level of participation of a particular
19-45 public school of the school district in the operation of the program of
19-46 distance education.
19-47 3. The department may approve an application submitted pursuant to
19-48 this section if the application satisfies the requirements of sections 16 to
19-49 24, inclusive, of this act and all other applicable statutes and regulations.
20-1 The department shall not unreasonably withhold its approval of an
20-2 application.
20-3 Sec. 20. 1. A pupil who:
20-4 (a) Is participating in a program for pupils at risk of dropping out of
20-5 high school pursuant to NRS 388.537;
20-6 (b) Is participating in a program of independent study pursuant to
20-7 NRS 389.155;
20-8 (c) Is enrolled in a public school that does not offer certain advanced
20-9 courses which the pupil desires to attend;
20-10 (d) Has a physical or mental condition that would otherwise require
20-11 an excuse from compulsory attendance pursuant to NRS 392.050;
20-12 (e) Would otherwise be excused from compulsory attendance pursuant
20-13 to NRS 392.080; or
20-14 (f) Is otherwise prohibited from attending public school pursuant to
20-15 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
20-16 392.4675,
20-17 may enroll in a program of distance education.
20-18 2. A child who is exempt from compulsory attendance and receiving
20-19 equivalent instruction authorized by the state board pursuant to
20-20 subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise
20-21 attend a program of distance education, regardless of whether he is
20-22 otherwise eligible for enrollment pursuant to subsection 1.
20-23 3. If a pupil who is prohibited from attending public school pursuant
20-24 to NRS 392.264 enrolls in a program of distance education, the
20-25 enrollment and attendance of that pupil must comply with all
20-26 requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271,
20-27 inclusive.
20-28 4. If a pupil is eligible for enrollment in a program of distance
20-29 education pursuant to paragraph (c) of subsection 1, he may enroll in the
20-30 program of distance education only for the purpose of taking those
20-31 advanced courses that are not offered at the public school he otherwise
20-32 attends.
20-33 Sec. 21. 1. Except as otherwise provided in this subsection, before
20-34 a pupil may enroll full time or part time in a program of distance
20-35 education that is provided by a school district other than the school
20-36 district in which the pupil resides, the pupil must obtain the written
20-37 permission of the board of trustees of the school district in which the
20-38 pupil resides. Before a pupil who is enrolled in a public school of a
20-39 school district may enroll part time in a program of distance education
20-40 that is provided by a charter school, the pupil must obtain the written
20-41 permission of the board of trustees of the school district in which the
20-42 pupil resides. A pupil who enrolls full time in a program of distance
20-43 education that is provided by a charter school is not required to obtain
20-44 the approval of the board of trustees of the school district in which the
20-45 pupil resides.
20-46 2. If the board of trustees of a school district grants permission
20-47 pursuant to subsection 1, the board of trustees shall enter into a written
20-48 agreement with the board of trustees or governing body, as applicable,
20-49 that provides the program of distance education. A separate agreement
21-1 must be prepared for each year that a pupil enrolls in a program of
21-2 distance education. The written agreement must:
21-3 (a) Contain a statement prepared by the board of trustees of the school
21-4 district in which the pupil resides indicating that the board of trustees
21-5 understands that the superintendent of public instruction will make
21-6 appropriate adjustments in the apportionments to the school district
21-7 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
21-8 program of distance education;
21-9 (b) If the pupil plans to enroll part time in the program of distance
21-10 education, contain a statement prepared by the board of trustees of the
21-11 school district in which the pupil resides and the board of trustees or
21-12 governing body that provides the program of distance education setting
21-13 forth the percentage of the total time services will be provided to the pupil
21-14 through the program of distance education per school day in proportion
21-15 to the total time services are provided during a school day to pupils who
21-16 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
21-17 1 of NRS 387.1233 for the school district in which the pupil resides;
21-18 (c) Be signed by the board of trustees of the school district in which
21-19 the pupil resides and the board of trustees or governing body that
21-20 provides the program of distance education; and
21-21 (d) Include any other information required by the state board by
21-22 regulation.
21-23 3. On or before September 1 of each year, a written agreement must
21-24 be filed with the superintendent of public instruction for each pupil who
21-25 is enrolled full time or part time in a program of distance education
21-26 provided by a school district other than the school district in which the
21-27 pupil resides. On or before September 1 of each year, a written
21-28 agreement must be filed with the superintendent of public instruction for
21-29 each pupil who is enrolled in a public school of the school district and
21-30 who is enrolled part time in a program of distance education provided by
21-31 a charter school. If an agreement is not filed for a pupil who is enrolled
21-32 in a program of distance education as required by this section, the
21-33 superintendent of public instruction shall not apportion money for that
21-34 pupil to the board of trustees of the school district in which the pupil
21-35 resides, or the board of trustees or governing body that provides the
21-36 program of distance education.
21-37 Sec. 22. 1. If a pupil is enrolled in a charter school, he may enroll
21-38 full time in a program of distance education only if the charter school in
21-39 which he is enrolled provides the program of distance education.
21-40 2. Before a pupil who is enrolled in a charter school may enroll part
21-41 time in a program of distance education that is provided by a school
21-42 district or another charter school, the pupil must obtain the written
21-43 permission of the governing body of the charter school in which the pupil
21-44 is enrolled.
21-45 3. If the governing body of a charter school grants permission
21-46 pursuant to subsection 2, the governing body shall enter into a written
21-47 agreement with the board of trustees or governing body, as applicable,
21-48 that provides the program of distance education. A separate agreement
22-1 must be prepared for each year that a pupil enrolls in a program of
22-2 distance education. The written agreement must:
22-3 (a) Contain a statement prepared by the governing body of the charter
22-4 school in which the pupil is enrolled indicating that the governing body
22-5 understands that the superintendent of public instruction will make
22-6 appropriate adjustments in the apportionments to the charter school
22-7 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
22-8 program of distance education;
22-9 (b) Contain a statement prepared by the governing body of the charter
22-10 school in which the pupil is enrolled and the board of trustees or
22-11 governing body that provides the program of distance education setting
22-12 forth the percentage of the total time services will be provided to the pupil
22-13 through the program of distance education per school day in proportion
22-14 to the total time services are provided during a school day to pupils who
22-15 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
22-16 1 of NRS 387.1233 for the school district in which the pupil resides;
22-17 (c) Be signed by the governing body of the charter in which the pupil
22-18 is enrolled and the board of trustees or governing body that provides the
22-19 program of distance education; and
22-20 (d) Include any other information required by the state board by
22-21 regulation.
22-22 4. On or before September 1 of each year, a written agreement must
22-23 be filed with the superintendent of public instruction for each pupil who
22-24 is enrolled in a charter school and who is enrolled part time in a program
22-25 of distance education provided by a school district or another charter
22-26 school. If an agreement is not filed for such a pupil, the superintendent
22-27 of public instruction shall not apportion money for that pupil to the
22-28 governing body of the charter school in which the pupil is enrolled, or
22-29 the board of trustees or governing body that provides the program of
22-30 distance education.
22-31 Sec. 23. 1. If a pupil is enrolled full time in a program of distance
22-32 education provided by the board of trustees of a school district, the board
22-33 of trustees of the school district that provides the program shall declare
22-34 for each such pupil the public school within that school district to which
22-35 the pupil is affiliated. Upon the declared affiliation, the pupil shall be
22-36 deemed enrolled in that public school for purposes of all the applicable
22-37 requirements, statutes, regulations, rules and policies of that public
22-38 school and school district, including, without limitation:
22-39 (a) Graduation requirements;
22-40 (b) Accountability of public schools, as set forth in NRS 385.3455 to
22-41 385.391, inclusive;
22-42 (c) Provisions governing the attendance and truancy of pupils, as set
22-43 forth in NRS 392.040 to 392.220, inclusive; and
22-44 (d) Discipline of pupils.
22-45 2. A pupil who is enrolled full time in a program of distance
22-46 education provided by a charter school shall be deemed enrolled in the
22-47 charter school. All the applicable requirements, including, without
22-48 limitation, statutes, regulations, rules and policies of that charter school
22-49 apply to such a pupil, including, without limitation:
23-1 (a) Graduation requirements;
23-2 (b) Accountability of public schools, as set forth in NRS 385.3455 to
23-3 385.391, inclusive;
23-4 (c) Provisions governing the attendance and truancy of pupils, as set
23-5 forth in NRS 392.040 to 392.220, inclusive; and
23-6 (d) Discipline of pupils.
23-7 3. If a pupil is enrolled part time in a program of distance education,
23-8 all the applicable requirements, statutes, regulations, rules and policies
23-9 of the public school of the school district in which the pupil is otherwise
23-10 enrolled or the charter school in which the pupil is otherwise enrolled
23-11 apply to such a pupil, including, without limitation:
23-12 (a) Graduation requirements;
23-13 (b) Accountability of public schools, as set forth in NRS 385.3455 to
23-14 385.391, inclusive;
23-15 (c) Provisions governing the attendance and truancy of pupils, as set
23-16 forth in NRS 392.040 to 392.220, inclusive; and
23-17 (d) Discipline of pupils.
23-18 Sec. 24. 1. The state board shall adopt regulations that prescribe:
23-19 (a) The process for submission of an application by the board of
23-20 trustees of a school district or the governing body of a charter school to
23-21 provide a program of distance education and the contents of the
23-22 application;
23-23 (b) A method for reporting to the department the number of pupils
23-24 who are enrolled in a program of distance education and the attendance
23-25 of those pupils;
23-26 (c) The requirements for assessing the achievement of pupils who are
23-27 enrolled in a program of distance education, which must include, without
23-28 limitation, the administration of the achievement and proficiency
23-29 examinations required pursuant to NRS 389.015 and 389.550; and
23-30 (d) A written description of the process pursuant to which the
23-31 department may revoke its approval for the operation of a program of
23-32 distance education.
23-33 2. The state board may adopt regulations as it determines are
23-34 necessary to carry out the provisions of sections 16 to 24, inclusive, of
23-35 this act.
23-36 Sec. 25. NRS 388.090 is hereby amended to read as follows:
23-37 388.090 1. Except as otherwise permitted pursuant to this section,
23-38 boards of trustees of school districts shall schedule and provide a minimum
23-39 of 180 days of free school in the districts under their charge.
23-40 2. The superintendent of public instruction may, upon application by a
23-41 board of trustees, authorize a reduction of not more than 15 school days in
23-42 a particular district to establish or maintain a 12-month school program or a
23-43 program involving alternative scheduling, if the board of trustees
23-44 demonstrates that the proposed schedule for the program provides for a
23-45 greater number of minutes of instruction than would be provided under a
23-46 program consisting of 180 school days. Before authorizing a reduction in
23-47 the number of required school days pursuant to this subsection, the
23-48 superintendent of public instruction must find that the proposed schedule
23-49 will be used to alleviate problems associated with a growth in enrollment
24-1 or overcrowding, or to establish and maintain a program of alternative
24-2 schooling[.] , including, without limitation, a program of distance
24-3 education provided by the board of trustees pursuant to sections 16 to 24,
24-4 inclusive, of this act.
24-5 3. The superintendent of public instruction may, upon application by a
24-6 board of trustees, authorize the addition of minutes of instruction to any
24-7 scheduled day of free school if days of free school are lost because of any
24-8 interscholastic activity. Not more than 5 days of free school so lost may be
24-9 rescheduled in this manner.
24-10 4. Each school district shall schedule at least 3 contingent days of
24-11 school in addition to the number of days required by this section, which
24-12 must be used if a natural disaster, inclement weather or an accident
24-13 necessitates the closing of a majority of the facilities within the district.
24-14 5. If more than 3 days of free school are lost because a natural disaster,
24-15 inclement weather or an accident necessitates the closing of a majority of
24-16 the facilities within a school district, the superintendent of public
24-17 instruction, upon application by the school district, may permit the
24-18 additional days lost to be counted as school days in session. The
24-19 application must be submitted in the manner prescribed by the
24-20 superintendent of public instruction.
24-21 6. The state board [of education] shall adopt regulations providing
24-22 procedures for changing schedules of instruction to be used if a natural
24-23 disaster, inclement weather or an accident necessitates the closing of a
24-24 particular school within a school district.
24-25 Sec. 26. NRS 388.537 is hereby amended to read as follows:
24-26 388.537 1. The board of trustees of a school district may, subject to
24-27 the approval of the state board, operate an alternative program for the
24-28 education of pupils at risk of dropping out of high school, including pupils
24-29 who:
24-30 (a) Because of extenuating circumstances, such as their being pregnant,
24-31 parents, chronically ill or self-supporting, are not able to attend the classes
24-32 of instruction regularly provided in high school;
24-33 (b) Are deficient in the amount of academic credit necessary to graduate
24-34 with pupils their same age;
24-35 (c) Are chronically absent from high school; or
24-36 (d) Require instruction on a more personal basis than that regularly
24-37 provided in high school.
24-38 2. An alternative program may include:
24-39 (a) A shorter school day, and an opportunity for pupils to attend a
24-40 longer school day, than that regularly provided in high school.
24-41 (b) An opportunity for pupils to attend classes of instruction during any
24-42 part of the calendar year.
24-43 (c) A comprehensive curriculum that includes elective classes of
24-44 instruction and occupational education.
24-45 (d) An opportunity for pupils to obtain academic credit through
24-46 experience gained at work or while engaged in other activities.
24-47 (e) An opportunity for pupils to satisfy either:
24-48 (1) The requirements for a regular high school diploma; or
24-49 (2) The requirements for a high school diploma for adults.
25-1 (f) The provision of child care for the children of pupils.
25-2 (g) The transportation of pupils to and from classes of instruction.
25-3 (h) The temporary placement of pupils for independent study, if there
25-4 are extenuating circumstances which prevent those pupils from attending
25-5 the alternative program on a daily basis.
25-6 3. The board of trustees of a school district may operate an
25-7 alternative program pursuant to this section through a program of
25-8 distance education pursuant to sections 16 to 24, inclusive, of this act.
25-9 Sec. 27. NRS 388.700 is hereby amended to read as follows:
25-10 388.700 1. Except as otherwise provided in subsections 2, 3 and 6,
25-11 after the last day of the first month of the school year, the ratio in each
25-12 school district of pupils per class in kindergarten and grades 1, 2 and 3 per
25-13 licensed teacher designated to teach those classes full time must not exceed
25-14 15 to 1 in classes where core curriculum is taught. In determining this ratio,
25-15 all licensed educational personnel who teach kindergarten or grade 1, 2 or
25-16 3 must be counted except teachers of art, music, physical education or
25-17 special education, counselors, librarians, administrators, deans and
25-18 specialists.
25-19 2. A school district may, within the limits of any plan adopted pursuant
25-20 to NRS 388.720, assign a pupil whose enrollment in a grade occurs after
25-21 the last day of the first month of the school year to any existing class
25-22 regardless of the number of pupils in the class.
25-23 3. The state board may grant to a school district a variance from the
25-24 limitation on the number of pupils per class set forth in subsection 1 for
25-25 good cause, including the lack of available financial support specifically
25-26 set aside for the reduction of pupil-teacher ratios.
25-27 4. The state board shall, on or before February 1 of each odd-
25-28 numbered year, report to the legislature on:
25-29 (a) Each variance granted by it during the preceding biennium,
25-30 including the specific justification for the variance.
25-31 (b) The data reported to it by the various school districts pursuant to
25-32 subsection 2 of NRS 388.710, including an explanation of that data, and
25-33 the current pupil-teacher ratios per class in kindergarten and grades 1, 2
25-34 and 3.
25-35 5. The department shall, on or before November 15 of each year,
25-36 report to the chief of the budget division of the department of
25-37 administration and the fiscal analysis division of the legislative counsel
25-38 bureau:
25-39 (a) The number of teachers employed;
25-40 (b) The number of teachers employed in order to attain the ratio
25-41 required by subsection 1;
25-42 (c) The number of pupils enrolled; and
25-43 (d) The number of teachers assigned to teach in the same classroom
25-44 with another teacher or in any other arrangement other than one teacher
25-45 assigned to one classroom of pupils,
25-46 during the current school year in kindergarten and grades 1, 2 and 3 for
25-47 each school district.
26-1 6. The provisions of this section do not apply to a charter school[.] or
26-2 to a program of distance education provided pursuant to sections 16 to
26-3 24, inclusive, of this act.
26-4 Sec. 28. NRS 389.017 is hereby amended to read as follows:
26-5 389.017 1. The state board shall prescribe regulations requiring that
26-6 each board of trustees of a school district and each governing body of a
26-7 charter school submit to the superintendent of public instruction and the
26-8 department, in the form and manner prescribed by the superintendent, the
26-9 results of achievement and proficiency examinations given in the 4th, 8th,
26-10 10th and 11th grades to public school pupils of the district and charter
26-11 schools. The state board shall not include in the regulations any provision
26-12 which would violate the confidentiality of the test scores of any individual
26-13 pupil.
26-14 2. The results of examinations must be reported for each school,
26-15 including, without limitation, each charter school, school district and this
26-16 state , as follows:
26-17 (a) The average score, as defined by the department, of pupils who took
26-18 the examinations under regular testing conditions; and
26-19 (b) The average score, as defined by the department, of pupils who took
26-20 the examinations with modifications or accommodations approved by the
26-21 private entity that created the examination or, if the department created the
26-22 examination, the department, if such reporting does not violate the
26-23 confidentiality of the test scores of any individual pupil.
26-24 3. The department shall adopt regulations prescribing the requirements
26-25 for reporting the scores of pupils who:
26-26 (a) Took the examinations under conditions that were not approved by
26-27 the private entity that created the examination or, if the department created
26-28 the examination, by the department;
26-29 (b) Are enrolled in special schools for children with disabilities;
26-30 (c) Are enrolled in an alternative program for the education of pupils at
26-31 risk of dropping out of high school[;] , including, without limitation, a
26-32 program of distance education that is provided to pupils who are at risk
26-33 of dropping out of high school pursuant to sections 16 to 24, inclusive, of
26-34 this act; or
26-35 (d) Are detained in a:
26-36 (1) Youth training center;
26-37 (2) Youth center;
26-38 (3) Juvenile forestry camp;
26-39 (4) Detention home;
26-40 (5) Youth camp;
26-41 (6) Juvenile correctional institution; or
26-42 (7) Correctional institution.
26-43 The scores reported pursuant to this subsection must not be included in the
26-44 average scores reported pursuant to subsection 2.
26-45 4. Not later than 10 days after the department receives the results of
26-46 the achievement and proficiency examinations, the department shall
26-47 transmit a copy of the results of the examinations administered pursuant to
26-48 NRS 389.015 to the legislative bureau of educational accountability and
27-1 program evaluation in a manner that does not violate the confidentiality of
27-2 the test scores of any individual pupil.
27-3 5. On or before November 1 of each year, each school district and each
27-4 charter school shall report to the department the following information for
27-5 each examination administered in the public schools in the school district
27-6 or charter school:
27-7 (a) The examination administered;
27-8 (b) The grade level or levels of pupils to whom the examination was
27-9 administered;
27-10 (c) The costs incurred by the school district or charter school in
27-11 administering each examination; and
27-12 (d) The purpose, if any, for which the results of the examination are
27-13 used by the school district or charter school.
27-14 On or before December 1 of each year, the department shall transmit to the
27-15 budget division of the department of administration and the fiscal analysis
27-16 division of the legislative counsel bureau the information submitted to the
27-17 department pursuant to this subsection.
27-18 6. The superintendent of schools of each school district and the
27-19 governing body of each charter school shall certify that the number of
27-20 pupils who took the examinations required pursuant to NRS 389.015 is
27-21 equal to the number of pupils who are enrolled in each school in the school
27-22 district or in the charter school who are required to take the examinations
27-23 except for those pupils who are exempt from taking the examinations. A
27-24 pupil may be exempt from taking the examinations if:
27-25 (a) His primary language is not English and his proficiency in the
27-26 English language is below the level that the state board determines is
27-27 proficient, as measured by an assessment of proficiency in the English
27-28 language prescribed by the state board pursuant to subsection 8; or
27-29 (b) He is enrolled in a program of special education pursuant to NRS
27-30 388.440 to 388.520, inclusive, and his program of special education
27-31 specifies that he is exempt from taking the examinations.
27-32 7. In addition to the information required by subsection 5, the
27-33 superintendent of public instruction shall:
27-34 (a) Report the number of pupils who were not exempt from taking the
27-35 examinations but were absent from school on the day that the examinations
27-36 were administered; and
27-37 (b) Reconcile the number of pupils who were required to take the
27-38 examinations with the number of pupils who were exempt from taking the
27-39 examinations or absent from school on the day that the examinations were
27-40 administered.
27-41 8. The state board shall prescribe an assessment of proficiency in the
27-42 English language for pupils whose primary language is not English to
27-43 determine which pupils are exempt from the examinations pursuant to
27-44 paragraph (a) of subsection 6.
27-45 Sec. 29. NRS 389.560 is hereby amended to read as follows:
27-46 389.560 1. The state board shall adopt regulations that require the
27-47 board of trustees of each school district and the governing body of each
27-48 charter school to submit to the superintendent of public instruction, the
27-49 department and the council, in the form and manner prescribed by the
28-1 superintendent, the results of the examinations administered pursuant to
28-2 NRS 389.550. The state board shall not include in the regulations any
28-3 provision that would violate the confidentiality of the test scores of an
28-4 individual pupil.
28-5 2. The results of the examinations must be reported for each school,
28-6 including, without limitation, each charter school, school district and this
28-7 state, as follows:
28-8 (a) The percentage of pupils who have demonstrated proficiency, as
28-9 defined by the department, and took the examinations under regular testing
28-10 conditions; and
28-11 (b) The percentage of pupils who have demonstrated proficiency, as
28-12 defined by the department, and took the examinations with modifications
28-13 or accommodations approved by the private entity that created the
28-14 examination or, if the department created the examination, the department,
28-15 if such reporting does not violate the confidentiality of the test scores of
28-16 any individual pupil.
28-17 3. The department shall adopt regulations prescribing the requirements
28-18 for reporting the results of pupils who:
28-19 (a) Took the examinations under conditions that were not approved by
28-20 the private entity that created the examination or, if the department created
28-21 the examination, by the department;
28-22 (b) Are enrolled in special schools for children with disabilities;
28-23 (c) Are enrolled in an alternative program for the education of pupils at
28-24 risk of dropping out of high school[;] , including, without limitation, a
28-25 program of distance education that is provided to pupils who are at risk
28-26 of dropping out of high school pursuant to sections 16 to 24, inclusive, of
28-27 this act; or
28-28 (d) Are detained in a:
28-29 (1) Youth training center;
28-30 (2) Youth center;
28-31 (3) Juvenile forestry camp;
28-32 (4) Detention home;
28-33 (5) Youth camp;
28-34 (6) Juvenile correctional institution; or
28-35 (7) Correctional institution.
28-36 The results reported pursuant to this subsection must not be included in the
28-37 percentage of pupils reported pursuant to subsection 2.
28-38 4. Not later than 10 days after the department receives the results of
28-39 the examinations, the department shall transmit a copy of the results to the
28-40 legislative bureau of educational accountability and program evaluation in
28-41 a manner that does not violate the confidentiality of the test scores of any
28-42 individual pupil.
28-43 5. On or before November 1 of each year, each school district and each
28-44 charter school shall report to the department the following information for
28-45 each examination administered in the public schools in the school district
28-46 or charter school:
28-47 (a) The examination administered;
28-48 (b) The grade level or levels of pupils to whom the examination was
28-49 administered;
29-1 (c) The costs incurred by the school district or charter school in
29-2 administering each examination; and
29-3 (d) The purpose, if any, for which the results of the examination are
29-4 used by the school district or charter school.
29-5 On or before December 1 of each year, the department shall transmit to the
29-6 budget division of the department of administration and the fiscal analysis
29-7 division of the legislative counsel bureau the information submitted to the
29-8 department pursuant to this subsection.
29-9 6. The superintendent of schools of each school district and the
29-10 governing body of each charter school shall certify that the number of
29-11 pupils who took the examinations is equal to the number of pupils who are
29-12 enrolled in each school in the school district or in the charter school who
29-13 are required to take the examinations, except for those pupils who are
29-14 exempt from taking the examinations. A pupil may be exempt from taking
29-15 the examinations if:
29-16 (a) His primary language is not English and his proficiency in the
29-17 English language is below the level that the state board determines is
29-18 proficient, as measured by an assessment of proficiency in the English
29-19 language prescribed by the state board pursuant to subsection 8; or
29-20 (b) He is enrolled in a program of special education pursuant to NRS
29-21 388.440 to 388.520, inclusive, and his program of special education
29-22 specifies that he is exempt from taking the examinations.
29-23 7. In addition to the information required by subsection 5, the
29-24 superintendent of public instruction shall:
29-25 (a) Report the number of pupils who were not exempt from taking the
29-26 examinations but were absent from school on the day that the examinations
29-27 were administered; and
29-28 (b) Reconcile the number of pupils who were required to take the
29-29 examinations with the number of pupils who were exempt from taking the
29-30 examinations or absent from school on the day that the examinations were
29-31 administered.
29-32 8. The state board shall prescribe an assessment of proficiency in the
29-33 English language for pupils whose primary language is not English to
29-34 determine which pupils are exempt from the examinations pursuant to
29-35 paragraph (a) of subsection 6.
29-36 Sec. 30. NRS 391.170 is hereby amended to read as follows:
29-37 391.170 1. Except as otherwise provided in subsection 2, a teacher or
29-38 other employee for whom a license is required is not entitled to receive any
29-39 portion of public money for schools as compensation for services rendered
29-40 unless:
29-41 (a) He is legally employed by the board of trustees of the school district
29-42 or the governing body of the charter school in which he is teaching or
29-43 performing other educational functions.
29-44 (b) He has a license authorizing him to teach or perform other
29-45 educational functions at the level and in the field for which he is employed,
29-46 issued in accordance with law and in full force at the time the services are
29-47 rendered.
29-48 2. The provisions of subsection 1 do not prohibit the payment of public
29-49 money to teachers or other employees who are employed by a charter
30-1 school for a whom a license is not required pursuant to the provisions of
30-2 NRS 386.590 . [and 386.595.]
30-3 Sec. 31. NRS 391.31965 is hereby amended to read as follows:
30-4 391.31965 Any postprobationary employee of a school district of
30-5 Nevada who is employed by another school district or charter school must
30-6 be allowed to continue as a postprobationary employee and must not be
30-7 required to serve the probationary period required by subsection 1 of NRS
30-8 391.3197.
30-9 Sec. 32. NRS 392.010 is hereby amended to read as follows:
30-10 392.010 Except as to the attendance of a pupil pursuant to NRS
30-11 392.015 or sections 16 to 24, inclusive, of this act, or a pupil who is
30-12 ineligible for attendance pursuant to NRS 392.4675 and except as
30-13 otherwise provided in NRS 392.264 and 392.268:
30-14 1. The board of trustees of any school district may, with the approval
30-15 of the superintendent of public instruction:
30-16 (a) Admit to the school or schools of the school district any pupil or
30-17 pupils living in an adjoining school district within this state or in an
30-18 adjoining state when the school district of residence in the adjoining state
30-19 adjoins the receiving Nevada school district; or
30-20 (b) Pay tuition for pupils residing in the school district but who attend
30-21 school in an adjoining school district within this state or in an adjoining
30-22 state when the receiving district in the adjoining state adjoins the school
30-23 district of Nevada residence.
30-24 2. With the approval of the superintendent of public instruction, the
30-25 board of trustees of the school district in which the pupil or pupils reside
30-26 and the board of trustees of the school district in which the pupil or pupils
30-27 attend school shall enter into an agreement providing for the payment of
30-28 such tuition as may be agreed upon, but transportation costs must be paid
30-29 by the board of trustees of the school district in which the pupil or pupils
30-30 reside:
30-31 (a) If any are incurred in transporting a pupil or pupils to an adjoining
30-32 school district within the state; and
30-33 (b) If any are incurred in transporting a pupil or pupils to an adjoining
30-34 state, as provided by the agreement.
30-35 3. In addition to the provisions for the payment of tuition and
30-36 transportation costs for pupils admitted to an adjoining school district as
30-37 provided in subsection 2, the agreement may contain provisions for the
30-38 payment of reasonable amounts of money to defray the cost of operation,
30-39 maintenance and depreciation of capital improvements which can be
30-40 allocated to such pupils.
30-41 Sec. 33. NRS 392.035 is hereby amended to read as follows:
30-42 392.035 1. In determining the mobility of pupils in a school, for any
30-43 purpose, the department shall divide the sum of the following numbers by
30-44 the cumulative enrollment in the school:
30-45 (a) The number of late entries or transfers into a school from another
30-46 school, school district or state, after the beginning of the school year;
30-47 (b) The number of pupils reentering the school after having withdrawn
30-48 from the same school; and
31-1 (c) The number of pupils who withdraw for any reason or who are
31-2 dropped for nonattendance.
31-3 2. To determine the cumulative enrollment of the school pursuant to
31-4 subsection 1, the department shall add the total number of pupils enrolled
31-5 in programs of instruction in the school who are included in the count for
31-6 apportionment purposes pursuant to paragraphs (a) [,(b), (c), (e) and (f)] to
31-7 (e), inclusive, (g) and (h) of subsection 1 of NRS 387.123 and the number
31-8 of pupils included in paragraphs (a) and (b) of subsection 1.
31-9 3. The department shall develop and distribute to the county school
31-10 districts a form upon which the information necessary to the formula may
31-11 be submitted by the individual schools.
31-12 Sec. 34. NRS 392.070 is hereby amended to read as follows:
31-13 392.070 1. Attendance required by the provisions of NRS 392.040
31-14 must be excused when satisfactory written evidence is presented to the
31-15 board of trustees of the school district in which the child resides that the
31-16 child is receiving at home or in some other school equivalent instruction of
31-17 the kind and amount approved by the state board.
31-18 2. The board of trustees of each school district shall provide programs
31-19 of special education and related services for children who are exempt from
31-20 compulsory attendance pursuant to subsection 1 and receive instruction at
31-21 home. The programs of special education and related services required by
31-22 this section must be made available:
31-23 (a) Only if a child would otherwise be eligible for participation in
31-24 programs of special education and related services pursuant to NRS
31-25 388.440 to 388.520, inclusive;
31-26 (b) In the same manner that the board of trustees provides, as required
31-27 by 20 U.S.C. § 1412, for the participation of pupils with disabilities who
31-28 are enrolled in private schools within the school district voluntarily by their
31-29 parents or legal guardians; and
31-30 (c) In accordance with the same requirements set forth in 20 U.S.C. §
31-31 1412 which relate to the participation of pupils with disabilities who are
31-32 enrolled in private schools within the school district voluntarily by their
31-33 parents or legal guardians.
31-34 3. Except as otherwise provided in subsection 2 for programs of
31-35 special education and related services[,] and this subsection for programs
31-36 of distance education, upon the request of a parent or legal guardian of a
31-37 child who is enrolled in a private school or who receives instruction at
31-38 home, the board of trustees of the school district in which the child resides
31-39 shall authorize the child to participate in a class that is not available to the
31-40 child at the private school or home school or participate in an
31-41 extracurricular activity, excluding sports, at a public school within the
31-42 school district if:
31-43 (a) Space for the child in the class or extracurricular activity is
31-44 available; and
31-45 (b) The parent or legal guardian demonstrates to the satisfaction of the
31-46 board of trustees that the child is qualified to participate in the class or
31-47 extracurricular activity.
31-48 If the board of trustees of a school district authorizes a child to participate
31-49 in a class or extracurricular activity, excluding sports, pursuant to this
32-1 subsection, the board of trustees is not required to provide transportation
32-2 for the child to attend the class or activity. The board of trustees of a
32-3 school district shall not authorize a child to participate in a class or
32-4 activity through a program of distance education provided by the school
32-5 district pursuant to sections 16 to 24, inclusive, of this act.
32-6 4. The board of trustees of a school district may revoke its approval for
32-7 a pupil to participate in a class or extracurricular activity at a public school
32-8 pursuant to subsection 3 if the board of trustees or the public school
32-9 determines that the pupil has failed to comply with applicable statutes, or
32-10 applicable rules and regulations of the board of trustees. If the board of
32-11 trustees revokes its approval, neither the board of trustees nor the public
32-12 school are liable for any damages relating to the denial of services to the
32-13 pupil.
32-14 5. The programs of special education and related services required by
32-15 subsection 2 may be offered at a public school or another location that is
32-16 appropriate.
32-17 6. The department may adopt such regulations as are necessary for the
32-18 boards of trustees of school districts to provide the programs of special
32-19 education and related services required by subsection 2.
32-20 7. As used in this section, “related services” has the meaning ascribed
32-21 to it in 20 U.S.C. § 1401(22).
32-22 Sec. 35. NRS 281.210 is hereby amended to read as follows:
32-23 281.210 1. Except as otherwise provided in this section, it is
32-24 unlawful for any person acting as a school trustee, member of the
32-25 governing body of a charter school, state, township, municipal or county
32-26 officer, or as an employing authority of the University and Community
32-27 College System of Nevada, any school district , charter school or of the
32-28 state, any town, city or county, or for any state or local board, agency or
32-29 commission, elected or appointed, to employ in any capacity on behalf of
32-30 the State of Nevada, or any county, township, municipality , [or] school
32-31 district or charter school thereof, or the University and Community
32-32 College System of Nevada, any relative of such a person or of any member
32-33 of such a board, governing body, agency or commission who is within the
32-34 third degree of consanguinity or affinity.
32-35 2. This section does not apply:
32-36 (a) To school districts, when the teacher or other school employee is not
32-37 related to more than one of the trustees or person who is an employing
32-38 authority by consanguinity or affinity and receives a unanimous vote of all
32-39 members of the board of trustees and approval by the state department of
32-40 education.
32-41 (b) To school districts, when the teacher or other school employee has
32-42 been employed by an abolished school district or educational district,
32-43 which constitutes a part of the employing county school district, and the
32-44 county school district for 4 years or more before April 1, 1957.
32-45 (c) To the spouse of the warden of an institution or manager of a facility
32-46 of the department of prisons.
32-47 (d) To the spouse of the superintendent of the Caliente youth center.
32-48 (e) To relatives of blind officers and employees of the bureau of
32-49 services to the blind and visually impaired of the rehabilitation division of
33-1 the department of employment, training and rehabilitation when those
33-2 relatives are employed as automobile drivers for those officers and
33-3 employees.
33-4 (f) To relatives of a member of a town board of a town whose
33-5 population is less than 300.
33-6 3. Nothing in this section:
33-7 (a) Prevents any officer in this state, employed under a flat salary, from
33-8 employing any suitable person to assist in any such employment, when the
33-9 payment for the service is met out of the personal money of the officer.
33-10 (b) Disqualifies any widow with a dependent as an employee of any
33-11 officer or board in this state, or any of its counties, townships,
33-12 municipalities or school districts.
33-13 4. A person employed contrary to the provisions of this section must
33-14 not be compensated for the employment.
33-15 5. Any person violating any provisions of this section is guilty of a
33-16 gross misdemeanor.
33-17 Sec. 36. NRS 288.060 is hereby amended to read as follows:
33-18 288.060 “Local government employer” means any political
33-19 subdivision of this state or any public or quasi-public corporation
33-20 organized under the laws of this state and includes, without limitation,
33-21 counties, cities, unincorporated towns, charter schools, school districts,
33-22 hospital districts, irrigation districts and other special districts.
33-23 Sec. 37. Section 60 of chapter 606, Statutes of Nevada 1999, at page
33-24 3324, is hereby amended to read as follows:
33-25 Sec. 60. 1. This section and sections 56 and 57 of this act
33-26 become effective upon passage and approval.
33-27 2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24,
33-28 inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of
33-29 this act become effective on July 1, 1999.
33-30 3. Sections 17, 25 and 46 of this act become effective at 12:01
33-31 a.m. on July 1, 1999.
33-32 4. Section 12.5 of this act becomes effective on July 1, [2001.
33-33 5. Section 55 of this act becomes effective on July 1,] 2003.
33-34 Sec. 38. The amendatory provisions of section 8 of this act do not
33-35 affect any right to representation that an employee of a charter school
33-36 acquired before July 1, 2001, by virtue of his membership in an employee
33-37 organization
33-38 Sec. 39. 1. On or before April 1, 2002, the state board of education
33-39 shall adopt regulations required by section 24 of this act.
33-40 2. If any deadlines contained within the regulations adopted by the
33-41 state board of education pursuant to section 24 of this act prohibit the board
33-42 of trustees of a school district or governing body of a charter school from
33-43 submitting an application to provide a program of distance education for
33-44 the 2002-2003 school year, the department of education shall grant a
33-45 shorter period for the board of trustees or governing body to submit an
33-46 application for the 2002-2003 school year notwithstanding the provisions
33-47 of those regulations.
33-48 Sec. 40. The amendatory provisions of this act do not apply to
33-49 offenses committed before July 1, 2001.
34-1 Sec. 41. Section 55 of chapter 606, Statutes of Nevada 1999, at page
34-2 3322, is hereby repealed.
34-3 Sec. 42. 1. This section and sections 1 to 5, inclusive, 7, 8, 9, 24, 28
34-4 to 31, inclusive, and 35 to 41, inclusive, of this act, become effective on
34-5 July 1, 2001.
34-6 2. Sections 6, 10 to 23, inclusive, 25, 26, 27, 32, 33 and 34 of this act
34-7 become effective on July 1, 2002.
34-8 TEXT OF REPEALED SECTION
34-9 Section 55 of chapter 606, Statutes of Nevada 1999:
34-10 Sec. 55.NRS 386.510 is hereby repealed.
34-11 H