(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 399–Senator Care

 

March 19, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions governing charter schools and authorizes programs of distance education. (BDR 34‑859)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                             Effect on the State: No.

 

~

 

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

 

AN ACT relating to education; prohibiting an existing public school, private school or home school from converting to a charter school; prohibiting a charter school from contracting with or being supported by a private corporation or other entity that operates for profit; revising provisions governing the formation, operation and personnel of charter schools; making certain provisions related to collective bargaining applicable to 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 for 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; 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:

 

1-1    Section 1.  NRS 385.363 is hereby amended to read as follows:

1-2    385.363  The department shall, on or before April 1 of each year:

1-3    1.  Evaluate the information submitted by each school district pursuant

1-4  to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and

1-5    2.  Except as otherwise provided in subsection 3 and NRS 385.364,

1-6  based upon its evaluation and in accordance with the criteria set forth in

1-7  NRS 385.365 and 385.367, designate each public school within each

1-8  school district as:

1-9    (a) Demonstrating exemplary achievement;

1-10  (b) Demonstrating high achievement;

1-11  (c) Demonstrating adequate achievement; or

1-12  (d) Demonstrating need for improvement.

2-1    3.  The department shall adopt regulations that set forth the conditions

2-2  under which the department will not designate a public school pursuant to

2-3  this section because the school:

2-4    (a) Has too few pupils enrolled in a grade level that is tested pursuant to

2-5  NRS 389.015;

2-6    (b) Serves only pupils with disabilities;

2-7    (c) Operates only as an alternative program for the education of pupils

2-8  at risk of dropping out of high school [;] , including, without limitation, a

2-9  program of distance education for pupils at risk of dropping out of high

2-10  school provided pursuant to sections 25 to 33, inclusive, of this act; or

2-11  (d) Is operated within a:

2-12      (1) Youth training center;

2-13      (2) Youth center;

2-14      (3) Juvenile forestry camp;

2-15      (4) Detention home;

2-16      (5) Youth camp;

2-17      (6) Juvenile correctional institution; or

2-18      (7) Correctional institution.

2-19  Sec. 2.  Chapter 386 of NRS is hereby amended by adding thereto the

2-20  provisions set forth as sections 3 to 6, inclusive, of this act.

2-21  Sec. 3.  The provisions of NRS 386.500 to 386.610, inclusive, and

2-22  sections 3 to 6, inclusive, of this act do not authorize an existing public

2-23  school, private school, home school or other program of home study to

2-24  convert to a charter school.

2-25  Sec. 4.  1.  A charter school shall not, except as otherwise

2-26  authorized by subsection 5 of NRS 386.570, be supported by or otherwise

2-27  affiliated with a corporation, business or other entity that operates for

2-28  profit.

2-29  2.  A charter school shall not operate for profit.

2-30  3.  Neither a corporation, business or other entity that operates for

2-31  profit, or any representative thereof, may operate or manage a charter

2-32  school.

2-33  4.  Neither a charter school nor the governing body of a charter

2-34  school may enter into a contract or otherwise procure educational or

2-35  administrative services for the charter school from a corporation,

2-36  business or other entity that operates for profit, except for the

2-37  procurement of equipment and supplies, clerical services and other

2-38  services incidental to the educational services and programs provided by

2-39  the charter school.

2-40  Sec. 5.  1.  Unless otherwise authorized by specific statute, it is

2-41  unlawful for a member of the board of trustees of a school district or an

2-42  employee of a school district to solicit or accept any gift or payment of

2-43  money on his own behalf or on behalf of the school district or for any

2-44  other purpose from a member of a committee to form a charter school,

2-45  the governing body of a charter school, or any officer or employee of a

2-46  charter school.

2-47  2.  This section does not prohibit the payment of a salary or other

2-48  compensation or income to a member of the board of trustees or an

3-1  employee of a school district for services provided in accordance with a

3-2  contract made pursuant to NRS 386.560.

3-3    3.  A person who violates subsection 1 shall be punished for a

3-4  misdemeanor.

3-5    Sec. 6.  If a charter school provides instruction to pupils enrolled in

3-6  a high school grade level and the charter school requires those pupils to

3-7  satisfy requirements for graduation from high school that are less than

3-8  the requirements imposed by the school district in which the charter

3-9  school is located, the charter school shall not issue a high school diploma

3-10  of the school district but may issue a high diploma which clearly

3-11  indicates that that it is a diploma issued by a charter school. The

3-12  provisions of this section do not authorize a charter school to impose

3-13  requirements for graduation from high school that are less than the

3-14  requirements of the applicable state statutes and regulations.

3-15  Sec. 7.  NRS 386.500 is hereby amended to read as follows:

3-16  386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and

3-17  sections 3 to 6, inclusive, of this act, a pupil is “at risk” if he has an

3-18  economic or academic disadvantage such that he requires special services

3-19  and assistance to enable him to succeed in educational programs. The term

3-20  includes, without limitation, pupils who are members of economically

3-21  disadvantaged families, pupils with limited proficiency in the English

3-22  language, pupils who are at risk of dropping out of high school and pupils

3-23  who do not meet minimum standards of academic proficiency. The term

3-24  does not include a pupil with a disability.

3-25  Sec. 8.  NRS 386.505 is hereby amended to read as follows:

3-26  386.505  The legislature declares that by authorizing the formation of

3-27  charter schools it is not authorizing:

3-28  1.  The [establishment of a charter school as a justification to keep

3-29  open] conversion of an existing public school [that would otherwise be

3-30  closed;] to a charter school.

3-31  2.  A means for providing financial assistance for private schools or

3-32  programs of home study; or

3-33  3.  The formation of charter schools on the basis of a single race,

3-34  religion or ethnicity.

3-35  Sec. 9.  NRS 386.520 is hereby amended to read as follows:

3-36  386.520  1.  A committee to form a charter school must consist of at

3-37  leastthreeteachers, as defined in [NRS 391.311, alone or in combination

3-38  with:

3-39  (a) Ten or more members] subsection 4. In addition to the teachers

3-40  who serve, the committee may consist of:

3-41  (a) Members of the general public;

3-42  (b) Representatives of [an organization devoted to service to the general

3-43  public;

3-44  (c) Representatives of a private business; or

3-45  (d)] nonprofit organizations and businesses; or

3-46  (c) Representatives of a college or university within the University and

3-47  Community College System of Nevada.

4-1  A majority of the persons described in paragraphs (a), (b) and (c) who

4-2  serve on the committee must be residents of this state at the time that the

4-3  application to form the charter school is submitted to the department.

4-4    2.  Before a committee to form a charter school may submit an

4-5  application to the board of trustees of a school district, it must submit the

4-6  application to the department. The application must include all information

4-7  prescribed by the department by regulation and:

4-8    (a) A written description of how the charter school will carry out the

4-9  provisions of NRS 386.500 to 386.610, inclusive[.] , and sections 3 to 6,

4-10  inclusive, of this act.

4-11  (b) A written description of the mission and goals for the charter school.

4-12  A charter school must have as its stated purpose at least one of the

4-13  following goals:

4-14      (1) Improving the opportunities for pupils to learn;

4-15      (2) Encouraging the use of effective methods of teaching;

4-16      (3) Providing an accurate measurement of the educational

4-17  achievement of pupils;

4-18      (4) Establishing accountability of public schools;

4-19      (5) Providing a method for public schools to measure achievement

4-20  based upon the performance of the schools; or

4-21      (6) Creating new professional opportunities for teachers.

4-22  (c) The projected enrollment of pupils in the charter school.

4-23  (d) The proposed dates of enrollment for the charter school.

4-24  (e) The proposed system of governance for the charter school,

4-25  including, without limitation, the number of persons who will govern, the

4-26  method of selecting the persons who will govern and the term of office for

4-27  each person.

4-28  (f) The method by which disputes will be resolved between the

4-29  governing body of the charter school and the sponsor of the charter school.

4-30  (g) The proposed curriculum for the charter school.

4-31  (h) The textbooks that will be used at the charter school.

4-32  (i) The qualifications of the persons who will provide instruction at the

4-33  charter school.

4-34  (j) Except as otherwise required by NRS 386.595, the process by which

4-35  the governing body of the charter school will negotiate employment

4-36  contracts with the employees of the charter school.

4-37  (k) A financial plan for the operation of the charter school. The plan

4-38  must include, without limitation, procedures for the audit of the programs

4-39  and finances of the charter school and guidelines for determining the

4-40  financial liability if the charter school is unsuccessful.

4-41  (l) A statement of whether the charter school will provide for the

4-42  transportation of pupils to and from the charter school. If the charter school

4-43  will provide transportation, the application must include the proposed plan

4-44  for the transportation of pupils. If the charter school will not provide

4-45  transportation, the application must include a statement that the charter

4-46  school will work with the parents and guardians of pupils enrolled in the

4-47  charter school to develop a plan for transportation to ensure that pupils

4-48  have access to transportation to and from the charter school.

5-1    (m) The procedure for the evaluation of teachers of the charter school, if

5-2  different from the procedure prescribed in NRS 391.3125. If the procedure

5-3  is different from the procedure prescribed in NRS 391.3125, the procedure

5-4  for the evaluation of teachers of the charter school must provide the same

5-5  level of protection and otherwise comply with the standards for evaluation

5-6  set forth in NRS 391.3125.

5-7    (n) The time by which certain academic or educational results will be

5-8  achieved.

5-9    3.  The department shall review an application to form a charter school

5-10  to determine whether it is complete. If an application proposes to convert

5-11  an existing public school, private school, home school or other program

5-12  of home study into a charter school, the department shall deny the

5-13  application. The department shall provide written notice to the applicant of

5-14  its approval or denial of the application. If the department denies an

5-15  application, the department shall include in the written notice the reason for

5-16  the denial and the deficiencies in the application. The applicant must be

5-17  granted 30 days after receipt of the written notice to correct any

5-18  deficiencies identified in the written notice and resubmit the application.

5-19  4.  As used in subsection 1, “teacher” means a person who:

5-20  (a) Holds a current license to teach issued pursuant to chapter 391 of

5-21  NRS; and

5-22  (b) Has been employed as a teacher for at least 3 years.

5-23  The term does not include a person who is employed as a substitute

5-24  teacher.

5-25  Sec. 10.  NRS 386.525 is hereby amended to read as follows:

5-26  386.525  1.  Upon approval of an application by the department, a

5-27  committee to form a charter school may submit the application to the board

5-28  of trustees of the school district in which the proposed charter school will

5-29  be located. If the board of trustees of a school district receives an

5-30  application to form a charter school, it shall consider the application at its

5-31  next regularly scheduled meeting, but not later than 14 days after the

5-32  receipt of the application, and ensure that notice of the meeting has been

5-33  provided pursuant to chapter 241 of NRS. The board of trustees shall

5-34  review the application to determine whether the application:

5-35  (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 3 to

5-36  6, inclusive, of this act and the regulations applicable to charter schools;

5-37  and

5-38  (b) Is complete in accordance with the regulations of the department.

5-39  2.  In addition to the considerations set forth in paragraphs (a) and

5-40  (b) of subsection 1, the board of trustees of a school district that reviews

5-41  an application to form a charter school may:

5-42  (a) In its review of the application pursuant to paragraph (k) of

5-43  subsection 2 of NRS 386.520, consider the financial viability of the

5-44  proposed charter school.

5-45  (b) In its determination whether to approve or deny an application,

5-46  consider whether the proposed charter school will have an adverse

5-47  financial effect on the school district.

5-48  3.  The department shall assist the board of trustees of a school district

5-49  in the review of an application. [The] Except as otherwise provided in

6-1  paragraph (b) of subsection 2, the board of trustees shall approve an

6-2  application if it satisfies the requirements of paragraphs (a) and (b) of

6-3  subsection 1. The board of trustees shall provide written notice to the

6-4  applicant of its approval or denial of the application.

6-5    [3.] 4.  If the board of trustees denies an application, it shall include in

6-6  the written notice the reasons for the denial and the deficiencies in the

6-7  application. The applicant must be granted 30 days after receipt of the

6-8  written notice to correct any deficiencies identified in the written notice

6-9  and resubmit the application.

6-10  [4.] 5.  If the board of trustees denies an application after it has been

6-11  resubmitted pursuant to subsection [3,] 4, the applicant may submit a

6-12  written request to the subcommittee on charter schools created pursuant to

6-13  NRS 386.507, not more than 30 days after receipt of the written notice of

6-14  denial, to direct the board of trustees to reconsider the application. The

6-15  subcommittee shall consider requests for reconsideration in the order in

6-16  which they are received. If the subcommittee receives such a request, it

6-17  shall consider the request at its next regularly scheduled meeting and

6-18  ensure that notice of the meeting is posted in accordance with chapter 241

6-19  of NRS. Not more than 30 days after the meeting, the subcommittee shall

6-20  provide written notice of its determination to the applicant and to the board

6-21  of trustees. If the subcommittee denies the request for reconsideration, the

6-22  applicant may, not more than 30 days after the receipt of the written notice

6-23  from the subcommittee, appeal the determination to the district court of the

6-24  county in which the proposed charter school will be located.

6-25  [5.] 6.  If the subcommittee on charter schools grants a request to

6-26  direct reconsideration, the written notice to the board of trustees of the

6-27  school district that denied the application must include, without limitation,

6-28  instructions to the board of trustees concerning the reconsideration of the

6-29  application. Not more than 30 days after receipt of the written notice from

6-30  the subcommittee directing the reconsideration, the board of trustees shall

6-31  reconsider the application in accordance with the instructions of the

6-32  subcommittee, make a final determination on the application and provide

6-33  written notice of the determination to the applicant. If, upon

6-34  reconsideration of the application, the board of trustees denies the

6-35  application, the applicant may, not more than 30 days after the receipt of

6-36  the written notice from the board of trustees, appeal the final determination

6-37  to the district court of the county in which the proposed charter school will

6-38  be located.

6-39  Sec. 11.  NRS 386.527 is hereby amended to read as follows:

6-40  386.527  1.  Except as otherwise provided in subsection 3, if the board

6-41  of trustees of a school district approves an application to form a charter

6-42  school, it shall grant a written charter to the applicant. The board of

6-43  trustees shall, not later than 10 days after the approval of the application,

6-44  provide written notice to the department of the approval and the date of the

6-45  approval. The board of trustees that approves the application shall be

6-46  deemed the sponsor of the charter school. A written charter must be for a

6-47  term of 6 years unless the governing body of a charter school renews its

6-48  initial charter after 3 years of operation pursuant to subsection 2 of NRS

6-49  386.530. A written charter must include all conditions of operation set

7-1  forth in paragraphs (a) to (n), inclusive, of subsection 2 of NRS 386.520.

7-2  As a condition of the issuance of a written charter pursuant to this

7-3  subsection, the charter school must agree to comply with all conditions of

7-4  operation set forth in NRS 386.550.

7-5    2.  The governing body of a charter school may submit to the sponsor

7-6  of the charter school a written request for an amendment of the written

7-7  charter of the charter school. If the proposed amendment complies with the

7-8  provisions of this section, NRS 386.500 to 386.610, inclusive, and sections

7-9  3 to 6, inclusive, of this act and any other statute or regulation applicable

7-10  to charter schools, the sponsor shall amend the written charter in

7-11  accordance with the proposed amendment.

7-12  3.  If the board of trustees of a school district is considering an

7-13  application to form a charter school and determines that the applicant is not

7-14  yet eligible for the issuance of a charter pursuant to subsection 1, it may, if

7-15  applicable, hold the application in abeyance and grant a conditional charter

7-16  to the applicant if the applicant:

7-17  (a) Has not obtained a building, equipment or personnel for the charter

7-18  school; and

7-19  (b) Submits proof satisfactory to the entity which is considering the

7-20  application that acceptance of the application is necessary to obtain the

7-21  building, equipment or personnel for the charter school.

7-22  The board of trustees of a school district that grants a conditional charter

7-23  pursuant to this subsection shall provide written notice to the state board of

7-24  its action.

7-25  4.  A conditional charter expires 1 year after its issuance and is

7-26  nonrenewable. The holder of a conditional charter shall not operate a

7-27  charter school and is not eligible to receive any public school money for

7-28  the operation of a charter school. Beforethe expiration of a conditional

7-29  charter, the holder of the conditional charter may submit a supplemental

7-30  application and request the board of trustees that granted the conditional

7-31  charter to determine whether the holder is eligible for the issuance of a

7-32  charter pursuant to subsection 1. The supplemental application must be

7-33  submitted within a period which allows the board of trustees to ensure

7-34  that the charter school complies with the requirements of this subsection.

7-35  The board of trustees shall consider such a request as soon as is practicable.

7-36  In its review of the request, the board of trustees shall determine whether

7-37  the facility that the charter school will occupy has been inspected and

7-38  meets the requirements of any applicable building codes, codes for the

7-39  prevention of fire, and codes pertaining to safety, health and sanitation.

7-40  Except as otherwise provided by this subsection, the board of trustees

7-41  shall make such a determination 30 days before the first day of school for

7-42  the:

7-43  (a) Schools of the school district that operate on a traditional school

7-44  schedule and not a year-round school schedule; or

7-45  (b) Charter school,

7-46  whichever date the board of trustees selects. The board of trustees shall

7-47  not require a charter school to demonstrate compliance with the

7-48  requirements of this subsection more than 30 days before the date

8-1  selected, however, it may authorize a charter school to demonstrate

8-2  compliance less than 30 days before the date selected.

8-3    Sec. 12.  NRS 386.549 is hereby amended to read as follows:

8-4    386.549  1.  The governing body of a charter school [shall] must

8-5  consist of at least threeteachers, as defined in [NRS 391.311,] subsection

8-6  5, and may consist of, without limitation, parents and representatives of

8-7  nonprofit organizations and businesses. A majority of the members of the

8-8  governing body must reside in this state. If the membership of the

8-9  governing body changes, the governing body must provide written notice

8-10  to the sponsor of the charter school within 10 working days after such

8-11  change.

8-12  2.  Each person who desires to serve on the governing body of a

8-13  charter school shall submit to the superintendent of public instruction a

8-14  complete set of his fingerprints and written permission authorizing the

8-15  superintendent to forward the fingerprints to the Federal Bureau of

8-16  Investigation and to the central repository for Nevada records of criminal

8-17  history for their reports on the criminal history of the proposed member.

8-18  A person may serve on the governing body only if the reports on the

8-19  criminal history from the Federal Bureau of Investigation and the

8-20  central repository for Nevada records of criminal history:

8-21  (a) Do not indicate that the person has been convicted of a felony or

8-22  any offense involving moral turpitude; or

8-23  (b) Indicate that the person has been convicted of a felony or an

8-24  offense involving moral turpitude, but the superintendent of public

8-25  instruction determines that the conviction is unrelated to the duties of a

8-26  member of the governing body.  

8-27  3.  The governing body of a charter school is a public body. It is hereby

8-28  given such reasonable and necessary powers, not conflicting with the

8-29  constitution and the laws of the State of Nevada, as may be requisite to

8-30  attain the ends for which the charter school is established and to promote

8-31  the welfare of pupils who are enrolled in the charter school.

8-32  4.  The governing body of a charter school shall, during each

8-33  calendar quarter, hold at least one regularly scheduled public meeting in

8-34  the county in which the charter school is located.

8-35  5.  As used in this section, “teacher” means a person who:

8-36  (a) Holds a current license to teach issued pursuant to chapter 391 of

8-37  NRS; and

8-38  (b) Has been employed as a teacher for at least 3 years.

8-39  The term does not include a person who is employed as a substitute

8-40  teacher.

8-41  Sec. 13.  NRS 386.550 is hereby amended to read as follows:

8-42  386.550  1.  A charter school shall:

8-43  [1.] (a) Comply with all laws and regulations relating to discrimination

8-44  and civil rights.

8-45  [2.] (b) Remain nonsectarian, including, without limitation, in its

8-46  educational programs, policies for admission and employment practices.

8-47  [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing

8-48  bonds.

9-1    [4.] (d) Comply with any plan for desegregation ordered by a court that

9-2  is in effect in the school district in which the charter school is located.

9-3    [5.] (e) Comply with the provisions of chapter 241 of NRS.

9-4    [6.] (f) Except as otherwise provided in this [subsection,] paragraph,

9-5  schedule and provide annually at least as many days of instruction as are

9-6  required of other public schools located in the same school district as the

9-7  charter school is located. The governing body of a charter school may

9-8  submit a written request to the superintendent of public instruction for a

9-9  waiver from providing the days of instruction required by this [subsection.]

9-10  paragraph. The superintendent of public instruction may grant such a

9-11  request if the governing body demonstrates to the satisfaction of the

9-12  superintendent that:

9-13  [(a)] (1) Extenuating circumstances exist to justify the waiver; and

9-14  [(b)] (2) The charter school will provide at least as many hours or

9-15  minutes of instruction as would be provided under a program consisting of

9-16  180 days.

9-17  [7.] (g) Cooperate with the board of trustees of the school district in the

9-18  administration of the achievement and proficiency examinations

9-19  administered pursuant to NRS 389.015 and the examinations required

9-20  pursuant to NRS 389.550 to the pupils who are enrolled in the charter

9-21  school.

9-22  [8.] (h) Comply with applicable statutes and regulations governing the

9-23  achievement and proficiency of pupils in this state.

9-24  [9.] (i) Provide instruction in the core academic subjects set forth in

9-25  subsection 1 of NRS 389.018, as applicable for the grade levels of pupils

9-26  who are enrolled in the charter school, and provide at least the courses of

9-27  instruction that are required of pupils by statute or regulation for promotion

9-28  to the next grade or graduation from a public high school and require the

9-29  pupils who are enrolled in the charter school to take those courses of study.

9-30  This [subsection] paragraph does not preclude a charter school from

9-31  offering, or requiring the pupils who are enrolled in the charter school to

9-32  take, other courses of study that are required by statute or regulation.

9-33  [10.] (j) Refrain from using public money to purchase real property or

9-34  buildings without the approval of the sponsor.

9-35  [11.] (k) Hold harmless, indemnify and defend the sponsor of the

9-36  charter school against any claim or liability arising from an act or omission

9-37  by the governing body of the charter school or an employee or officer of

9-38  the charter school. An action at law may not be maintained against the

9-39  sponsor of a charter school for any cause of action for which the charter

9-40  school has obtained liability insurance.

9-41  [12.] (l) Provide written notice to the parents or legal guardians of

9-42  pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of

9-43  whether the charter school is accredited by the Commission on Schools of

9-44  the Northwest Association of Schools and Colleges.

9-45  [13.] (m) Adopt a final budget in accordance with the regulations

9-46  adopted by the department. A charter school is not required to adopt a final

9-47  budget pursuant to NRS 354.598 or otherwise comply with the provisions

9-48  of chapter 354 of NRS.

10-1  (n) If the charter school provides a program of distance education

10-2  pursuant to sections 25 to 33, inclusive, of this act, comply with all

10-3  statutes and regulations that are applicable to a program of distance

10-4  education for purposes of the operation of the program.

10-5  2.  A charter school shall not provide instruction, including, without

10-6  limitation, instruction provided through a program of distance education,

10-7  to children who are exempt from compulsory attendance and receiving

10-8  equivalent instruction authorized by the state board pursuant to

10-9  subsection 1 of NRS 392.070. As used in this subsection, “distance

10-10  education” has the meaning ascribed to it in section 26 of this act.

10-11  Sec. 14.  NRS 386.560 is hereby amended to read as follows:

10-12  386.560  1.  The governing body of a charter school may contract with

10-13  the board of trustees of the school district in which the charter school is

10-14  located or the University and Community College System of Nevada for

10-15  the provision of facilities to operate the charter school or to perform any

10-16  service relating to the operation of the charter school, including, without

10-17  limitation, transportation and the provision of health services for the pupils

10-18  who are enrolled in the charter school.

10-19  2.  A charter school may use any public facility located within the

10-20  school district in which the charter school is located. A charter school may

10-21  use school buildings owned by the school district only upon approval of the

10-22  board of trustees of the school district and during times that are not regular

10-23  school hours.

10-24  3.  The board of trustees of a school district may donate surplus

10-25  personal property of the school district to a charter school that is located

10-26  within the school district.

10-27  4.  [Upon] Except as otherwise provided in this subsection, upon the

10-28  request of a parent or legal guardian of a pupil who is enrolled in a charter

10-29  school, the board of trustees of the school district in which the charter

10-30  school is located shall authorize the pupil to participate in a class that is not

10-31  available to the pupil at the charter school or participate in an

10-32  extracurricular activity, excluding sports, at a public school within the

10-33  school district if:

10-34  (a) Space for the pupil in the class or extracurricular activity is

10-35  available; and

10-36  (b) The parent or legal guardian demonstrates to the satisfaction of the

10-37  board of trustees that the pupil is qualified to participate in the class or

10-38  extracurricular activity.

10-39  If the board of trustees of a school district authorizes a pupil to participate

10-40  in a class or extracurricular activity, excluding sports, pursuant to this

10-41  subsection, the board of trustees is not required to provide transportation

10-42  for the pupil to attend the class or activity. The provisions of this

10-43  subsection do not apply to a pupil who is enrolled in a charter school and

10-44  who desires to participate on a part-time basis in a program of distance

10-45  education provided by the board of trustees of a school district pursuant

10-46  to section 31 of this act.

10-47  5.  Upon the request of a parent or legal guardian of a pupil who is

10-48  enrolled in a charter school, the board of trustees of the school district in

10-49  which the charter school is located shall authorize the pupil to participate in

11-1  sports at the public school that he would otherwise be required to attend

11-2  within the school district, or upon approval of the board of trustees, any

11-3  public school within the same zone of attendance as the charter school if:

11-4  (a) Space is available for the pupil to participate; and

11-5  (b) The parent or legal guardian demonstrates to the satisfaction of the

11-6  board of trustees that the pupil is qualified to participate.

11-7  If the board of trustees of a school district authorizes a pupil to participate

11-8  in sports pursuant to this subsection, the board of trustees is not required to

11-9  provide transportation for the pupil to participate.

11-10  6.  The board of trustees of a school district may revoke its approval for

11-11  a pupil to participate in a class, extracurricular activity or sports at a public

11-12  school pursuant to subsections 4 and 5 if the board of trustees or the public

11-13  school determines that the pupil has failed to comply with applicable

11-14  statutes, or applicable rules and regulations of the board of trustees, the

11-15  public school or an association for interscholastic activities. If the board of

11-16  trustees so revokes its approval, neither the board of trustees nor the public

11-17  school are liable for any damages relating to the denial of services to the

11-18  pupil.

11-19  Sec. 15.  NRS 386.570 is hereby amended to read as follows:

11-20  386.570  1.  Each pupil who is enrolled in a charter school, including,

11-21  without limitation, a pupil who is enrolled in a program of special

11-22  education in a charter school, must be included in the count of pupils in the

11-23  school district for the purposes of apportionments and allowances from the

11-24  state distributive school account pursuant to NRS 387.121 to 387.126,

11-25  inclusive, unless the pupil is exempt from compulsory attendance pursuant

11-26  to NRS 392.070. A charter school is entitled to receive its proportionate

11-27  share of any other money available from federal, state or local sources that

11-28  the school or the pupils who are enrolled in the school are eligible to

11-29  receive.

11-30  2.  The governing body of a charter school may negotiate with the

11-31  board of trustees of the school district and the state board for additional

11-32  money to pay for services which the governing body wishes to offer.

11-33  3.  The sponsor of a charter school may request reimbursement from

11-34  the governing body of the charter school for the administrative costs

11-35  associated with sponsorship during 1 school year. Upon receipt of such a

11-36  request, the governing body shall pay the reimbursement to the sponsor

11-37  of the charter school. If a governing body fails to pay the reimbursement,

11-38  the charter school shall be deemed to have violated its written charter

11-39  and the sponsor may take such action to revoke the written charter

11-40  pursuant to NRS 386.535 as it deems necessary. The amount of

11-41  reimbursement that a charter school may be required to pay pursuant to

11-42  this subsection must not exceed:

11-43  (a) For the first year of operation of the charter school, 2 percent of

11-44  the total amount of money apportioned to the charter school during the

11-45  year pursuant to NRS 387.124.

11-46  (b) For any year after the first year of operation of the charter school,

11-47  1 percent of the total amount of money apportioned to the charter school

11-48  during the year pursuant to NRS 387.124.

12-1  4.  To determine the amount of money for distribution to a charter

12-2  school in its first year of operation, the count of pupils who are enrolled in

12-3  the charter school must initially be determined 30 days before the

12-4  beginning of the school year of the school district, based on the number of

12-5  pupils whose applications for enrollment have been approved by the

12-6  charter school. The count of pupils who are enrolled in the charter school

12-7  must be revised on the last day of the first school month of the school

12-8  district in which the charter school is located for the school year, based on

12-9  the actual number of pupils who are enrolled in the charter school.

12-10  Pursuant to subsection [2] 4 of NRS 387.124, the governing body of a

12-11  charter school may request that the apportionments made to the charter

12-12  school in its first year of operation be paid to the charter school 30 days

12-13  before the apportionments are otherwise required to be made.

12-14  [4.] 5.  The governing body of a charter school may solicit and accept

12-15  donations, money, grants, property, loans, personal services or other

12-16  assistance for purposes relating to education from members of the general

12-17  public, corporations or agencies. The governing body may comply with

12-18  applicable federal laws and regulations governing the provision of federal

12-19  grants for charter schools.

12-20  [5.] 6.  If a charter school uses money received from this state to

12-21  purchase real property, buildings, equipment or facilities, the governing

12-22  body of the charter school shall assign a security interest in the property,

12-23  buildings, equipment and facilities to the State of Nevada.

12-24  Sec. 16.  NRS 386.590 is hereby amended to read as follows:

12-25  386.590  1.  Except as otherwise provided in this subsection, at least

12-26  70 percent of the teachers who provide instruction at a charter school must

12-27  be licensed teachers. If a charter school is a vocational school, the charter

12-28  school shall, to the extent practicable, ensure that at least 70 percent of the

12-29  teachers who provide instruction at the school are licensed teachers, but in

12-30  no event may more than 50 percent of the teachers who provide instruction

12-31  at the school be unlicensed teachers.

12-32  2.  A governing body of a charter school shall employ:

12-33  (a) If the charter school offers instruction in kindergarten or grade 1, 2,

12-34  3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those

12-35  grades.

12-36  (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or

12-37  12, a licensed teacher to teach pupils who are enrolled in those grades for

12-38  the following courses of study:

12-39     (1) English, including reading, composition and writing;

12-40     (2) Mathematics;

12-41     (3) Science; and

12-42     (4) Social studies, which includes only the subjects of history,

12-43  geography, economics and government.

12-44  (c) In addition to the requirements of paragraphs (a) and (b):

12-45     (1) If a charter school specializes in arts and humanities, physical

12-46  education or health education, a licensed teacher to teach those courses of

12-47  study.

13-1      (2) If a charter school specializes in the construction industry or other

13-2  building industry, licensed teachers to teach courses of study relating to the

13-3  industry if those teachers are employed full time.

13-4      (3) If a charter school specializes in the construction industry or other

13-5  building industry and the school offers courses of study in computer

13-6  education, technology or business, licensed teachers to teach those courses

13-7  of study if those teachers are employed full time.

13-8  It is unlawful for the governing body of a charter school to employ any

13-9  teacher pursuant to this subsection who is not legally qualified to teach

13-10  all the grades that the teacher is engaged to teach.

13-11  3.  A charter school may employ a person who is not licensed pursuant

13-12  to the provisions of chapter 391 of NRS to teach a course of study for

13-13  which a licensed teacher is not required pursuant to subsection 2 if the

13-14  person has:

13-15  (a) A degree, a license or a certificate in the field for which he is

13-16  employed to teach at the charter school; and

13-17  (b) At least 2 years of experience in that field.

13-18  4.  A charter school may employ such administrators for the school as

13-19  it deems necessary. A person employed as an administrator must possess:

13-20  (a) A master’s degree in school administration, public administration or

13-21  business administration; or

13-22  (b) If the person has at least 5 years of experience in administration, a

13-23  baccalaureate degree.

13-24  5.  A charter school shall not employ a person pursuant to this section if

13-25  his license to teach or provide other educational services has been revoked

13-26  or suspended in this state or another state.

13-27  6.  On or before November 15 of each year, a charter school shall

13-28  submit to the department, in a form prescribed by the superintendent of

13-29  public instruction, the following information for each licensed employee

13-30  who is employed by the governing body on October 1 of that year:

13-31  (a) The amount of salary of the employee; and

13-32  (b) The designated assignment, as that term is defined by the

13-33  department, of the employee.

13-34  Sec. 17.  NRS 386.595 is hereby amended to read as follows:

13-35  386.595  1.  Except as otherwise provided in this subsection and

13-36  subsections 2 , 3 and [3,] 4, the provisions of the collective bargaining

13-37  agreement entered into by the board of trustees of the school district in

13-38  which the charter school is located apply to the terms and conditions of

13-39  employment of employees of the charter school. [If a written charter is

13-40  renewed, the employees of the charter school may, at the time of renewal,

13-41  apply for recognition as a bargaining unit pursuant to NRS 288.160.] An

13-42  employee of a charter school is not a member of the same bargaining

13-43  unit as an employee of the school district and is not entitled to

13-44  representation by the employee organization that is a party to the

13-45  collective bargaining agreement of the school district. However, during

13-46  the time that the collective bargaining agreement of the school district

13-47  remains applicable to the employees of the charter school, the employee

13-48  organization that is a party to the agreement may, but is not required to,

14-1  represent an employee of the charter school in a grievance proceeding or

14-2  other dispute arising out of the agreement.

14-3  2.  A charter school is exempt from the specific provisions of the

14-4  collective bargaining agreement of the school district that controls the:

14-5  (a) Periods of preparation time for teachers, provided that the charter

14-6  school allows at least the same amount of time for preparation as the

14-7  school district;

14-8  (b) Times of day that a teacher may work;

14-9  (c) Number of hours that a teacher may work in 1 day;

14-10  (d) Number of hours and days that a teacher may work in 1 week; and

14-11  (e) Number of hours and days that a teacher may work in

14-12  1 year.

14-13  If a teacher works more than the number of hours or days prescribed in the

14-14  collective bargaining agreement, the teacher must be compensated for the

14-15  additional hours or days in an amount calculated by prorating the salary for

14-16  the teacher that is set forth in the collective bargaining agreement.

14-17  3.  A teacher or a governing body of a charter school may request that

14-18  the [board of trustees of the school district and other persons] parties who

14-19  entered into the collective bargaining agreement of the school district grant

14-20  a waiver from specific provisions of the [collective bargaining] agreement

14-21  for the teacher or governing body.

14-22  4.  The collective bargaining agreement of a school district in which a

14-23  charter school is located ceases to apply to the employees in any

14-24  bargaining unit recognized by the governing body of the charter school

14-25  pursuant to chapter 288 of NRS if, pursuant to that chapter, an employee

14-26  organization is recognized as the exclusive bargaining agent for those

14-27  employees and a new collective bargaining agreement is entered into

14-28  between the governing body and the employee organization. The

14-29  employee organization that is a party to the collective bargaining

14-30  agreement of the school district may seek recognition on the same basis

14-31  as any other employee organization.   

14-32  5.  All employees of a charter school shall be deemed public

14-33  employees.

14-34  [5.] 6.  The governing body of a charter school may make all

14-35  employment decisions with regard to its employees pursuant to NRS

14-36  391.311 to 391.3197, inclusive, unless the applicable collective bargaining

14-37  agreement contains separate provisions relating to the discipline of licensed

14-38  employees of a school.

14-39  [6.] 7.  If the written charter of a charter school is revoked, the

14-40  employees of the charter school must be reassigned to employment within

14-41  the school district in accordance with the applicable collective bargaining

14-42  agreement.

14-43  [7.] A school district is not required to reassign an employee of a

14-44  charter school pursuant to this subsection if the employee:

14-45  (a) Was not granted a leave of absence by the school district to teach

14-46  at the charter school pursuant to subsection 8; or

14-47  (b) Was granted a leave of absence by the school district and did not

14-48  submit a written request to return to employment with the school district

14-49  in accordance with subsection 8.

15-1  8.  The board of trustees of a school district that is a sponsor of a

15-2  charter school shall grant a leave of absence, not to exceed 6 years, to any

15-3  employee who is employed by the board of trustees who requests such a

15-4  leave of absence to accept employment with the charter school. After the

15-5  first school year in which an employee is on a leave of absence, he may

15-6  return to his former teaching position with the board of trustees. After the

15-7  third school year, an employee who is on a leave of absence may submit a

15-8  written request to the board of trustees to return to a comparable teaching

15-9  position with the board of trustees. After the sixth school year, an

15-10  employee shall either submit a written request to return to a comparable

15-11  teaching position or resign from the position for which his leave was

15-12  granted. The board of trustees shall grant a written request to return to a

15-13  comparable position pursuant to this subsection even if the return of the

15-14  employee requires the board of trustees to reduce the existing work force of

15-15  the school district. The board of trustees may require that a request to

15-16  return to a teaching position submitted pursuant to this subsection be

15-17  submitted at least 90 days before the employee would otherwise be

15-18  required to report to duty.

15-19  [8.] 9.  An employee who is on a leave of absence from a school

15-20  district pursuant to this section shall contribute to and be eligible for all

15-21  benefits for which he would otherwise be entitled, including, without

15-22  limitation, participation in the public employees’ retirement system and

15-23  accrual of time for the purposes of leave and retirement. The time during

15-24  which such an employee is on leave of absence and employed in a charter

15-25  school does not count toward the acquisition of permanent status with the

15-26  school district.

15-27  [9.] 10.  Upon the return of a teacher to employment in the school

15-28  district, he is entitled to the same level of retirement, salary and any other

15-29  benefits to which he would otherwise be entitled if he had not taken a leave

15-30  of absence to teach in a charter school.

15-31  [10.] 11.  An employee of a charter school who is not on a leave of

15-32  absence from a school district is eligible for all benefits for which he would

15-33  be eligible for employment in a public school, including, without

15-34  limitation, participation in the public employees’ retirement system.

15-35  [11.] 12.  For all employees of a charter school:

15-36  (a) The compensation that a teacher or other school employee would

15-37  have received if he were employed by the school district must be used to

15-38  determine the appropriate levels of contribution required of the employee

15-39  and employer for purposes of the public employees’ retirement system.

15-40  (b) The compensation that is paid to a teacher or other school employee

15-41  that exceeds the compensation that he would have received if he were

15-42  employed by the school district must not be included for the purposes of

15-43  calculating future retirement benefits of the employee.

15-44  [12.] 13.  If the board of trustees of a school district in which a charter

15-45  school is located manages a plan of group insurance for its employees, the

15-46  governing body of the charter school may negotiate with the board of

15-47  trustees to participate in the same plan of group insurance that the board of

15-48  trustees offers to its employees. If the employees of the charter school

16-1  participate in the plan of group insurance managed by the board of trustees,

16-2  the governing body of the charter school shall:

16-3  (a) Ensure that the premiums for that insurance are paid to the board of

16-4  trustees; and

16-5  (b) Provide, upon the request of the board of trustees, all information

16-6  that is necessary for the board of trustees to provide the group insurance to

16-7  the employees of the charter school.

16-8  Sec. 18.  NRS 386.600 is hereby amended to read as follows:

16-9  386.600  1.  On or before November 15 of each year, the governing

16-10  body of each charter school shall submit to the sponsor of the charter

16-11  school, the superintendent of public instruction , the governor and the

16-12  director of the legislative counsel bureau for transmission to the majority

16-13  leader of the senate and the speaker of the assembly a report that includes:

16-14  (a) A written description of the progress of the charter school in

16-15  achieving the mission and goals of the charter school set forth in its

16-16  application.

16-17  (b) For each licensed employee and nonlicensed teacher employed by

16-18  the charter school on October 1 of that year:

16-19     (1) The amount of salary of the employee; and

16-20     (2) The designated assignment, as that term is defined by the

16-21  department, of the employee.

16-22  (c) For each fund maintained by the charter school, including, without

16-23  limitation, the general fund of the charter school and any special revenue

16-24  fund which receives state money, the total number and salaries of licensed

16-25  and nonlicensed persons whose salaries are paid from the fund and who are

16-26  employed by the governing body in full-time positions or in part-time

16-27  positions added together to represent full-time positions. Information must

16-28  be provided for the current school year based upon the final budget of the

16-29  charter school, including any amendments and augmentations thereto, and

16-30  for the preceding school year. An employee must be categorized as filling

16-31  an instructional, administrative, instructional support or other position.

16-32  (d) The count of pupils who are enrolled in a charter school in:

16-33     (1) Kindergarten;

16-34     (2) Grades 1 to 12, inclusive; and

16-35     (3) Special education pursuant to NRS 388.440 to 388.520, inclusive.

16-36  (e) The actual expenditures of the charter school in the fiscal year

16-37  immediately preceding the report.

16-38  (f) The proposed expenditures of the charter school for the current fiscal

16-39  year.

16-40  (g) The salary schedule for licensed employees and nonlicensed

16-41  teachers in the current school year and a statement of whether salary

16-42  negotiations for the current school year have been completed. If salary

16-43  negotiations have not been completed at the time the salary schedule is

16-44  submitted, the governing body shall submit a supplemental report to the

16-45  superintendent of public instruction upon completion of negotiations.

16-46  (h) The number of employees eligible for health insurance within the

16-47  charter school for the current and preceding fiscal years and the amount

16-48  paid for health insurance for each such employee during those years.

17-1  (i) The rates for fringe benefits, excluding health insurance, paid by the

17-2  charter school for its licensed employees in the preceding and current fiscal

17-3  years.

17-4  (j) The amount paid for extra duties, supervision of extracurricular

17-5  activities and supplemental pay, and the number of employees receiving

17-6  that pay in the preceding and current fiscal years.

17-7  2.  On or before November 25 of each year, the superintendent of

17-8  public instruction shall submit to the governor, the department of

17-9  administration and the fiscal analysis division of the legislative counsel

17-10  bureau, in a format approved by the director of the department of

17-11  administration, a compilation of the reports made by each governing body

17-12  pursuant to subsection 1.

17-13  3.  The superintendent of public instruction shall, in the compilation

17-14  required by subsection 2, reconcile the revenues and expenditures of the

17-15  charter schools with the apportionment received by those schools from the

17-16  state distributive school account for the preceding year.

17-17  Sec. 19.  NRS 387.123 is hereby amended to read as follows:

17-18  387.123  1.  The count of pupils for apportionment purposes includes

17-19  all pupils who are enrolled in programs of instruction of the school district ,

17-20  including, without limitation, a program of distance education provided

17-21  by the school district, or pupils who reside in the county in which the

17-22  school district is located and are enrolled in any charter school , including,

17-23  without limitation, a program of distance education provided by a charter

17-24  school for:

17-25  (a) Pupils in the kindergarten department.

17-26  (b) Pupils in grades 1 to 12, inclusive.

17-27  (c) Pupils not included under paragraph (a) or (b) who are receiving

17-28  special education pursuant to the provisions of NRS 388.440 to 388.520,

17-29  inclusive.

17-30  (d) Pupils who reside in the county and are enrolled part time in a

17-31  program of distance education if an agreement is filed with the

17-32  superintendent of public instruction pursuant to section 30 or 31 of this

17-33  act, as applicable.

17-34  (e) Children detained in detention homes, alternative programs and

17-35  juvenile forestry camps receiving instruction pursuant to the provisions of

17-36  NRS 388.550, 388.560 and 388.570.

17-37  [(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of

17-38  NRS 386.560.

17-39  [(f)] (g) Pupils who are enrolled in classes pursuant to subsection 3 of

17-40  NRS 392.070.

17-41  [(g)] (h) Part-time pupils enrolled in classes and taking courses

17-42  necessary to receive a high school diploma, excluding those pupils who are

17-43  included in paragraphs [(e) and (f).] (d), (f) and (g).

17-44  2.  The state board shall establish uniform regulations for counting

17-45  enrollment and calculating the average daily attendance of pupils. In

17-46  establishing such regulations for the public schools, the state board:

17-47  (a) Shall divide the school year into 10 school months, each containing

17-48  20 or fewer school days.

18-1  (b) May divide the pupils in grades 1 to 12, inclusive, into categories

18-2  composed respectively of those enrolled in elementary schools and those

18-3  enrolled in secondary schools.

18-4  (c) Shall prohibit the counting of any pupil specified in subsection 1

18-5  more than once.

18-6  3.  Except as otherwise provided in subsection 4 and NRS 388.700, the

18-7  state board shall establish by regulation the maximum pupil-teacher ratio in

18-8  each grade, and for each subject matter wherever different subjects are

18-9  taught in separate classes, for each school district of this state which is

18-10  consistent with:

18-11  (a) The maintenance of an acceptable standard of instruction;

18-12  (b) The conditions prevailing in the school district with respect to the

18-13  number and distribution of pupils in each grade; and

18-14  (c) Methods of instruction used, which may include educational

18-15  television, team teaching or new teaching systems or techniques.

18-16  If the superintendent of public instruction finds that any school district is

18-17  maintaining one or more classes whose pupil-teacher ratio exceeds the

18-18  applicable maximum, and unless he finds that the board of trustees of the

18-19  school district has made every reasonable effort in good faith to comply

18-20  with the applicable standard, he shall, with the approval of the state board,

18-21  reduce the count of pupils for apportionment purposes by the percentage

18-22  which the number of pupils attending those classes is of the total number of

18-23  pupils in the district, and the state board may direct him to withhold the

18-24  quarterly apportionment entirely.

18-25  4.  [A] The provisions of subsection 3 do not apply to a charter school

18-26  [is not required to comply with the pupil-teacher ratio prescribed by the

18-27  state board pursuant to subsection 3.] or a program of distance education

18-28  provided pursuant to sections 25 to 33, inclusive, of this act.

18-29  Sec. 20.  NRS 387.1233 is hereby amended to read as follows:

18-30  387.1233  1.  Except as otherwise provided in subsection 2, basic

18-31  support of each school district must be computed by:

18-32  (a) Multiplying the basic support guarantee per pupil established for that

18-33  school district for that school year by the sum of:

18-34     (1) Six-tenths the count of pupils enrolled in the kindergarten

18-35  department on the last day of the first school month of the school district

18-36  for the school year, including, without limitation, the count of pupils who

18-37  reside in the county and are enrolled in any charter school on the last day

18-38  of the first school month of the school district for the school year.

18-39     (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the

18-40  last day of the first school month of the school district for the school year,

18-41  including, without limitation, the count of pupils who reside in the county

18-42  and are enrolled in any charter school on the last day of the first school

18-43  month of the school district for the school year.

18-44     (3) The count of pupils not included under subparagraph (1) or (2)

18-45  who are enrolled full time in a program of distance education provided

18-46  by that school district or a charter school located within that school

18-47  district on the last day of the first school month of the school district for

18-48  the school year.

18-49     (4) The count of pupils who reside in the county and are enrolled:

19-1         (I) In a public school of the school district and are concurrently

19-2  enrolled part time in a program of distance education provided by

19-3  another school district or a charter school if an agreement is filed with

19-4  the superintendent of public instruction pursuant to section 30 of this act

19-5  on the last day of the first school month of the school district for the

19-6  school year, expressed as a percentage of the total time services are

19-7  provided to those pupils per school day in proportion to the total time

19-8  services are provided during a school day to pupils who are counted

19-9  pursuant to subparagraph (2).

19-10        (II) In a charter school and are concurrently enrolled part time

19-11  in a program of distance education provided by a school district or

19-12  another charter school if an agreement is filed with the superintendent of

19-13  public instruction pursuant to section 31 of this act on the last day of the

19-14  first school month of the school district for the school year, expressed as

19-15  a percentage of the total time services are provided to those pupils per

19-16  school day in proportion to the total time services are provided during a

19-17  school day to pupils who are counted pursuant to subparagraph (2).

19-18     (5) The count of pupils not included under subparagraph (1) , [or] (2)

19-19  , (3) or (4) who are receiving special education pursuant to the provisions

19-20  of NRS 388.440 to 388.520, inclusive, on the last day of the first school

19-21  month of the school district for the school year, excluding the count of

19-22  pupils who have not attained the age of 5 years and who are receiving

19-23  special education pursuant to subsection 1 of NRS 388.490 on that day.

19-24     [(4)] (6) Six-tenths the count of pupils who have not attained the age

19-25  of 5 years and who are receiving special education pursuant to subsection 1

19-26  of NRS 388.490 on the last day of the first school month of the school

19-27  district for the school year.

19-28     [(5)] (7) The count of children detained in detention homes,

19-29  alternative programs and juvenile forestry camps receiving instruction

19-30  pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the

19-31  last day of the first school month of the school district for the school year.

19-32     [(6)] (8) The count of pupils who are enrolled in classes for at least

19-33  one semester pursuant to subsection 4 of NRS 386.560 or subsection 3 of

19-34  NRS 392.070, expressed as a percentage of the total time services are

19-35  provided to those pupils per school day in proportion to the total time

19-36  services are provided during a school day to pupils who are counted

19-37  pursuant to subparagraph (2).

19-38  (b) Multiplying the number of special education program units

19-39  maintained and operated by the amount per program established for that

19-40  school year.

19-41  (c) Adding the amounts computed in paragraphs (a) and (b).

19-42  2.  If the enrollment of pupils in a school district or a charter school

19-43  that is located within the school district on the last day of the first school

19-44  month of the school district for the school year is less than the enrollment

19-45  of pupils in the same school district or charter school on the last day of the

19-46  first school month of the school district for the immediately preceding

19-47  school year, the larger number must be used for purposes of apportioning

19-48  money from the state distributive school account to that school district or

19-49  charter school pursuant to NRS 387.124.

20-1  3.  Pupils who are excused from attendance at examinations or have

20-2  completed their work in accordance with the rules of the board of trustees

20-3  must be credited with attendance during that period.

20-4  4.  Pupils who are incarcerated in a facility or institution operated by

20-5  the department of prisons must not be counted for the purpose of

20-6  computing basic support pursuant to this section. The average daily

20-7  attendance for such pupils must be reported to the department of education.

20-8  5.  Part-time pupils who are enrolled in courses which are approved by

20-9  the department as meeting the requirements for an adult to earn a high

20-10  school diploma must not be counted for the purpose of computing basic

20-11  support pursuant to this section. The average daily attendance for such

20-12  pupils must be reported to the department.

20-13  Sec. 21.  NRS 387.124 is hereby amended to read as follows:

20-14  387.124  Except as otherwise provided in this section and NRS

20-15  387.528:

20-16  1.  On or before August 1, November 1, February 1 and May 1 of each

20-17  year, the superintendent of public instruction shall [, except as otherwise

20-18  provided in subsections 2 and 3,] apportion the state distributive school

20-19  account in the state general fund among the several county school districts

20-20  and charter schools in amounts approximating one-fourth of their

20-21  respective yearly apportionments less any amount set aside as a reserve.

20-22  The apportionment to a school district, computed on a yearly basis, equals

20-23  the difference between the basic support and the local funds available

20-24  pursuant to NRS 387.1235, minus all the funds attributable to pupils who

20-25  reside in the county but attend a charter school [.] and all the funds

20-26  attributable to pupils who reside in the county but are enrolled full time

20-27  or part time in a program of distance education provided by another

20-28  school district or a charter school. No apportionment may be made to a

20-29  school district if the amount of the local funds exceeds the amount of basic

20-30  support. If a school district provides a program of distance education:

20-31  (a) No apportionment may be made to the school district for pupils

20-32  who reside in another county and are enrolled full time in the program of

20-33  distance education unless an agreement is filed pursuant to section 30 of

20-34  this act; and

20-35  (b) The apportionment to the school district pursuant to this

20-36  subsection for all pupils who are enrolled full time in the program of

20-37  distance education must be reduced by the amount of money, as

20-38  determined by the department, that would have otherwise been allocated

20-39  for the transportation of each pupil enrolled in the program of distance

20-40  education.

20-41  2.  The apportionment to a charter school, computed on a yearly basis,

20-42  is equal to the sum of the basic support per pupil in the county in which the

20-43  pupil resides plus the amount of local funds available per pupil pursuant to

20-44  NRS 387.1235 and all other funds available for public schools in the

20-45  county in which the pupil resides [.] minus all the funds attributable to

20-46  pupils who are enrolled in the charter school but are concurrently

20-47  enrolled part time in a program of distance education provided by a

20-48  school district or another charter school. If a charter school provides a

20-49  program of distance education, the apportionment to the charter school

21-1  pursuant to this subsection for pupils who are enrolled full time in the

21-2  program of distance education must be reduced by the amount of money,

21-3  as determined by the department, that would have otherwise been

21-4  allocated for the transportation of each pupil enrolled in the program of

21-5  distance education. If the apportionment per pupil to a charter school is

21-6  more than the amount to be apportioned to the school district in which a

21-7  pupil who is enrolled in the charter school resides, the school district in

21-8  which the pupil resides shall pay the difference directly to the charter

21-9  school.

21-10  [2.] 3.  In addition to the apportionments made pursuant to this

21-11  section, an apportionment must be made to a school district or charter

21-12  school that provides a program of distance education for each pupil who

21-13  is enrolled part time in the program if an agreement is filed for that pupil

21-14  pursuant to section 30 or 31 of this act, as applicable. The amount of the

21-15  apportionment must be equal to the percentage of the total time services

21-16  are provided to the pupil through the program of distance education per

21-17  school day in proportion to the total time services are provided during a

21-18  school day to pupils who are counted pursuant to subparagraph (2) of

21-19  paragraph (a) of subsection 1 of NRS 387.1233 for the school district in

21-20  which the pupil resides.

21-21  4.  The governing body of a charter school may submit a written

21-22  request to the superintendent of public instruction to receive, in the first

21-23  year of operation of the charter school, an apportionment 30 days before

21-24  the apportionment is required to be made pursuant to subsection 1. Upon

21-25  receipt of such a request, the superintendent of public instruction may

21-26  make the apportionment 30 days before the apportionment is required to be

21-27  made. A charter school may receive all four apportionments in advance in

21-28  its first year of operation.

21-29  [3.] 5.  If the state controller finds that such an action is needed to

21-30  maintain the balance in the state general fund at a level sufficient to pay the

21-31  other appropriations from it, he may pay out the apportionments monthly,

21-32  each approximately one-twelfth of the yearly apportionment less any

21-33  amount set aside as a reserve. If such action is needed, the state controller

21-34  shall submit a report to the department of administration and the fiscal

21-35  analysis division of the legislative counsel bureau documenting reasons for

21-36  the action.

21-37  Sec. 22.  NRS 387.1243 is hereby amended to read as follows:

21-38  387.1243  1.  The first apportionment based on an estimated number

21-39  of pupils and special education program units and succeeding

21-40  apportionments are subject to adjustment from time to time as the need

21-41  therefor may appear.

21-42  2.  The apportionments to a school district may be adjusted during a

21-43  fiscal year by the department of education, upon approval by the state

21-44  board of examiners and the interim finance committee, if the department of

21-45  taxation and the county assessor in the county in which the school district

21-46  is located certify to the department of education that the school district will

21-47  not receive the tax levied pursuant to subsection 1 of NRS 387.195 on

21-48  property of the Federal Government located within the county if:

22-1  (a) The leasehold interest, possessory interest, beneficial interest or

22-2  beneficial use of the property is subject to taxation pursuant to NRS

22-3  361.157 and 361.159 and one or more lessees or users of the property are

22-4  delinquent in paying the tax; and

22-5  (b) The total amount of tax owed but not paid for the fiscal year by any

22-6  such lessees and users is at least 5 percent of the proceeds that the school

22-7  district would have received from the tax levied pursuant to subsection 1 of

22-8  NRS 387.195.

22-9  If a lessee or user pays the tax owed after the school district’s

22-10  apportionment has been increased in accordance with the provisions of this

22-11  subsection to compensate for the tax owed, the school district shall repay to

22-12  the state distributive school account in the state general fund an amount

22-13  equal to the tax received from the lessee or user for the year in which the

22-14  school district received an increased apportionment, not to exceed the

22-15  increase in apportionments made to the school district pursuant to this

22-16  subsection.

22-17  3.  On or before August 1 of each year, the board of trustees of a school

22-18  district shall provide to the department, in a format prescribed by the

22-19  department, the count of pupils calculated pursuant to subparagraph (6) (8)

22-20  of paragraph (a) of subsection 1 of NRS 387.1233 who completed at least

22-21  one semester during the immediately preceding school year. The count of

22-22  pupils submitted to the department must be included in the final adjustment

22-23  computed pursuant to subsection 4.

22-24  4.  A final adjustment for each school district and charter school must

22-25  be computed as soon as practicable following the close of the school year,

22-26  but not later than August 25. The final computation must be based upon the

22-27  actual counts of pupils required to be made for the computation of basic

22-28  support and the limits upon the support of special education programs,

22-29  except that for any year when the total enrollment of pupils and children in

22-30  a school district or a charter school located within the school district

22-31  described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS

22-32  387.123 is greater on the last day of any school month of the school district

22-33  after the second school month of the school district and the increase in

22-34  enrollment shows at least:

22-35  (a) A 3-percent gain, basic support as computed from first month

22-36  enrollment for the school district or charter school must be increased by 2

22-37  percent.

22-38  (b) A 6-percent gain, basic support as computed from first month

22-39  enrollment for the school district or charter school must be increased by an

22-40  additional 2 percent.

22-41  5.  If the final computation of apportionment for any school district or

22-42  charter school exceeds the actual amount paid to the school district or

22-43  charter school during the school year, the additional amount due must be

22-44  paid before September 1. If the final computation of apportionment for any

22-45  school district or charter school is less than the actual amount paid to the

22-46  school district or charter school during the school year, the difference must

22-47  be repaid to the state distributive school account in the state general fund

22-48  by the school district or charter school before September 25.

 

23-1  Sec. 23.  NRS 387.185 is hereby amended to read as follows:

23-2  387.185  1.  Except as otherwise provided in subsection 2 and NRS

23-3  387.528, all school money due each county school district must be paid

23-4  over by the state treasurer to the county treasurer on August 1, November

23-5  1, February 1 and May 1 of each year or as soon thereafter as the county

23-6  treasurer may apply for it, upon the warrant of the state controller drawn in

23-7  conformity with the apportionment of the superintendent of public

23-8  instruction as provided in NRS 387.124.

23-9  2.  Except as otherwise provided in NRS 387.528, if the board of

23-10  trustees of a school district establishes and administers a separate account

23-11  pursuant to the provisions of NRS 354.603, all school money due that

23-12  school district must be paid over by the state treasurer to the school district

23-13  on August 1, November 1, February 1 and May 1 of each year or as soon

23-14  thereafter as the school district may apply for it, upon the warrant of the

23-15  state controller drawn in conformity with the apportionment of the

23-16  superintendent of public instruction as provided in NRS 387.124.

23-17  3.  No county school district may receive any portion of the public

23-18  school money unless that school district has complied with the provisions

23-19  of this Title and regulations adopted pursuant thereto.

23-20  4.  Except as otherwise provided in this subsection, all school money

23-21  due each charter school must be paid over by the state treasurer to the

23-22  governing body of the charter school on August 1, November 1, February 1

23-23  and May 1 of each year or as soon thereafter as the governing body may

23-24  apply for it, upon the warrant of the state controller drawn in conformity

23-25  with the apportionment of the superintendent of public instruction as

23-26  provided in NRS 387.124. If the superintendent of public instruction has

23-27  approved, pursuant to subsection [2] 4 of NRS 387.124, a request for

23-28  payment of an apportionment 30 days before the apportionment is

23-29  otherwise required to be made, the money due to the charter school must be

23-30  paid by the state treasurer to the governing body of the charter school on

23-31  July 1, October 1, January 1 or April 1, as applicable.

23-32  Sec. 24.  Chapter 388 of NRS is hereby amended by adding thereto the

23-33  provisions set forth as sections 25 to 33, inclusive, of this act.

23-34  Sec. 25.  As used in sections 25 to 33, inclusive, of this act, unless the

23-35  context otherwise requires, the words and terms defined in sections 26

23-36  and 27 of this act have the meanings ascribed to them in those sections.

23-37  Sec. 26.  “Distance education” means instruction which is delivered

23-38  by means of video, computer, television, correspondence or the Internet

23-39  or other electronic means of communication, or any combination

23-40  thereof, in such a manner that the person supervising or providing the

23-41  instruction and the pupil receiving the instruction are separated

23-42  geographically for a majority of the time during which the instruction is

23-43  delivered.

23-44  Sec. 27.  “Program of distance education” means a program which

23-45  uses distance education as its primary mechanism for delivery and is

23-46  comprised of one or more courses of study that is designed for pupils

23-47  who:

23-48  1.  Are participating in a program for pupils who are at risk of

23-49  dropping out of high school pursuant to NRS 388.537.

24-1  2.  Are participating in a program of independent study pursuant to

24-2  NRS 389.155.

24-3  3.  Are enrolled in a public school that does not offer advanced

24-4  courses.

24-5  4.  Have a physical or mental condition that would otherwise require

24-6  an excuse from compulsory attendance pursuant to NRS 392.050.

24-7  5.  Would otherwise be excused from compulsory attendance

24-8  pursuant to NRS 392.080.

24-9  6.  Are otherwise prohibited from attending public school pursuant to

24-10  NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or

24-11  392.4675.

24-12  Sec. 28.  1.  The board of trustees of a school district or the

24-13  governing body of a charter school may submit an application to the

24-14  department to provide a program of distance education.

24-15  2.  An application to provide a program of distance education must

24-16  include:

24-17  (a) All the information prescribed by the state board by regulation.

24-18  (b) Proof satisfactory to the department that the program satisfies all

24-19  applicable statutes and regulations.

24-20  3.  The department may approve an application submitted pursuant to

24-21  this section if the application satisfies the requirements of sections 25 to

24-22  33, inclusive, of this act and all other applicable statutes and regulations.

24-23  The department shall not unreasonably withhold its approval of an

24-24  application.

24-25  Sec. 29.  1.  A pupil may enroll in a program of distance education

24-26  if he:

24-27  (a) Is participating in a program for pupils at risk of dropping out of

24-28  high school pursuant to NRS 388.537;

24-29  (b) Is participating in a program of independent study pursuant to

24-30  NRS 389.155;

24-31  (c) Is enrolled in a public school that does not offer certain advanced

24-32  courses which the pupil desires to attend;

24-33  (d) Has a physical or mental condition that would otherwise require

24-34  an excuse from compulsory attendance pursuant to NRS 392.050;

24-35  (e) Would otherwise be excused from compulsory attendance pursuant

24-36  to NRS 392.080; or

24-37  (f) Is otherwise prohibited from attending public school pursuant to

24-38  NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or

24-39  392.4675.

24-40  2.  In addition to the eligibility for enrollment set forth in subsection

24-41  1, a pupil must satisfy the qualifications and conditions for enrollment in

24-42  a program of distance education adopted by the state board pursuant to

24-43  section 33 of this act.  

24-44  3.  A child who is exempt from compulsory attendance and receiving

24-45  equivalent instruction authorized by the state board pursuant to

24-46  subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise

24-47  attend a program of distance education, regardless of whether he is

24-48  otherwise eligible for enrollment pursuant to subsection 1.

25-1  4.  If a pupil who is prohibited from attending public school pursuant

25-2  to NRS 392.264 enrolls in a program of distance education, the

25-3  enrollment and attendance of that pupil must comply with all

25-4  requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271,

25-5  inclusive.

25-6  5.  If a pupil is eligible for enrollment in a program of distance

25-7  education pursuant to paragraph (c) of subsection 1, he may enroll in the

25-8  program of distance education only for the purpose of taking those

25-9  advanced courses that are not offered at the public school he otherwise

25-10  attends.

25-11  Sec. 30.  1.  Except as otherwise provided in this subsection, before

25-12  a pupil may enroll full time or part time in a program of distance

25-13  education that is provided by a school district other than the school

25-14  district in which the pupil resides, the pupil must obtain the written

25-15  permission of the board of trustees of the school district in which the

25-16  pupil resides. Before a pupil who is enrolled in a public school of a

25-17  school district may enroll part time in a program of distance education

25-18  that is provided by a charter school, the pupil must obtain the written

25-19  permission of the board of trustees of the school district in which the

25-20  pupil resides. A pupil who enrolls full time in a program of distance

25-21  education that is provided by a charter school is not required to obtain

25-22  the approval of the board of trustees of the school district in which the

25-23  pupil resides.

25-24  2.  If the board of trustees of a school district grants permission

25-25  pursuant to subsection 1, the board of trustees shall enter into a written

25-26  agreement with the board of trustees or governing body, as applicable,

25-27  that provides the program of distance education. A separate agreement

25-28  must be prepared for each year that a pupil enrolls in a program of

25-29  distance education. The written agreement must:

25-30  (a) Contain a statement prepared by the board of trustees of the school

25-31  district in which the pupil resides indicating that the board of trustees

25-32  understands that the superintendent of public instruction will make

25-33  appropriate adjustments in the apportionments to the school district

25-34  pursuant to NRS 387.124 to account for the pupil’s enrollment in the

25-35  program of distance education;

25-36  (b) If the pupil plans to enroll part time in the program of distance

25-37  education, contain a statement prepared by the board of trustees of the

25-38  school district in which the pupil resides and the board of trustees or

25-39  governing body that provides the program of distance education setting

25-40  forth the percentage of the total time services will be provided to the pupil

25-41  through the program of distance education per school day in proportion

25-42  to the total time services are provided during a school day to pupils who

25-43  are counted pursuant to subparagraph (2) of paragraph (a) of subsection

25-44  1 of NRS 387.1233 for the school district in which the pupil resides;

25-45  (c) Be signed by the board of trustees of the school district in which

25-46  the pupil resides and the board of trustees or governing body that

25-47  provides the program of distance education; and

25-48  (d) Include any other information required by the state board by

25-49  regulation.

26-1  3.  On or before September 1 of each year, a written agreement must

26-2  be filed with the superintendent of public instruction for each pupil who

26-3  is enrolled full time or part time in a program of distance education

26-4  provided by a school district other than the school district in which the

26-5  pupil resides. On or before September 1 of each year, a written

26-6  agreement must be filed with the superintendent of public instruction for

26-7  each pupil who is enrolled in a public school of the school district and

26-8  who is enrolled part time in a program of distance education provided by

26-9  a charter school. If an agreement is not filed for a pupil who is enrolled

26-10  in a program of distance education as required by this section, the

26-11  superintendent of public instruction shall not apportion money for that

26-12  pupil to the board of trustees of the school district in which the pupil

26-13  resides, or the board of trustees or governing body that provides the

26-14  program of distance education.

26-15  Sec. 31.  1.  If a pupil is enrolled in a charter school, he may enroll

26-16  full time in a program of distance education only if the charter school in

26-17  which he is enrolled provides the program of distance education.

26-18  2.  Before a pupil who is enrolled in a charter school may enroll part

26-19  time in a program of distance education that is provided by a school

26-20  district or another charter school, the pupil must obtain the written

26-21  permission of the governing body of the charter school in which the pupil

26-22  is enrolled.

26-23  3.  If the governing body of a charter school grants permission

26-24  pursuant to subsection 2, the governing body shall enter into a written

26-25  agreement with the board of trustees or governing body, as applicable,

26-26  that provides the program of distance education. A separate agreement

26-27  must be prepared for each year that a pupil enrolls in a program of

26-28  distance education. The written agreement must:

26-29  (a) Contain a statement prepared by the governing body of the charter

26-30  school in which the pupil is enrolled indicating that the governing body

26-31  understands that the superintendent of public instruction will make

26-32  appropriate adjustments in the apportionments to the charter school

26-33  pursuant to NRS 387.124 to account for the pupil’s enrollment in the

26-34  program of distance education;

26-35  (b) Contain a statement prepared by the governing body of the charter

26-36  school in which the pupil is enrolled and the board of trustees or

26-37  governing body that provides the program of distance education setting

26-38  forth the percentage of the total time services will be provided to the pupil

26-39  through the program of distance education per school day in proportion

26-40  to the total time services are provided during a school day to pupils who

26-41  are counted pursuant to subparagraph (2) of paragraph (a) of subsection

26-42  1 of NRS 387.1233 for the school district in which the pupil resides;

26-43  (c) Be signed by the governing body of the charter in which the pupil

26-44  is enrolled and the board of trustees or governing body that provides the

26-45  program of distance education; and

26-46  (d) Include any other information required by the state board by

26-47  regulation.

26-48  4.  On or before September 1 of each year, a written agreement must

26-49  be filed with the superintendent of public instruction for each pupil who

27-1  is enrolled in a charter school and who is enrolled part time in a program

27-2  of distance education provided by a school district or another charter

27-3  school. If an agreement is not filed for such a pupil, the superintendent

27-4  of public instruction shall not apportion money for that pupil to the

27-5  governing body of the charter school in which the pupil is enrolled, or

27-6  the board of trustees or governing body that provides the program of

27-7  distance education.

27-8  Sec. 32.  1.  If a pupil is enrolled full time in a program of distance

27-9  education provided by the board of trustees of a school district, the board

27-10  of trustees of the school district that provides the program shall declare

27-11  for each such pupil the public school within that school district to which

27-12  the pupil is affiliated. The board of trustees may declare that all the

27-13  pupils enrolled in the program of distance education are affiliated with

27-14  one public school within the school district, or it may declare individual

27-15  public schools for the pupils enrolled in the program. Upon the declared

27-16  affiliation, the pupil shall be deemed enrolled in that public school for

27-17  purposes of all the applicable requirements, statutes, regulations, rules

27-18  and policies of that public school and school district, including, without

27-19  limitation:

27-20  (a) Graduation requirements;

27-21  (b) Accountability of public schools, as set forth in NRS 385.3455 to

27-22  385.391, inclusive;

27-23  (c) Provisions governing the attendance and truancy of pupils, as set

27-24  forth in NRS 392.040 to 392.220, inclusive; and

27-25  (d) Discipline of pupils.

27-26  2.  A pupil who is enrolled full time in a program of distance

27-27  education provided by a charter school shall be deemed enrolled in the

27-28  charter school. All the applicable requirements, including, without

27-29  limitation, statutes, regulations, rules and policies of that charter school

27-30  apply to such a pupil, including, without limitation:

27-31  (a) Graduation requirements;

27-32  (b) Accountability of public schools, as set forth in NRS 385.3455 to

27-33  385.391, inclusive;

27-34  (c) Provisions governing the attendance and truancy of pupils, as set

27-35  forth in NRS 392.040 to 392.220, inclusive; and

27-36  (d) Discipline of pupils.

27-37  3.  If a pupil is enrolled part time in a program of distance education,

27-38  all the applicable requirements, statutes, regulations, rules and policies

27-39  of the public school of the school district in which the pupil is otherwise

27-40  enrolled or the charter school in which the pupil is otherwise enrolled

27-41  apply to such a pupil, including, without limitation:

27-42  (a) Graduation requirements;

27-43  (b) Accountability of public schools, as set forth in NRS 385.3455 to

27-44  385.391, inclusive;

27-45  (c) Provisions governing the attendance and truancy of pupils, as set

27-46  forth in NRS 392.040 to 392.220, inclusive; and

27-47  (d) Discipline of pupils.

 

 

28-1  Sec. 33.  1.  The state board shall adopt regulations that prescribe:

28-2  (a) The process for submission of an application by the board of

28-3  trustees of a school district or the governing body of a charter school to

28-4  provide a program of distance education and the contents of the

28-5  application;

28-6  (b) The qualifications and conditions for enrollment that a pupil must

28-7  satisfy to enroll in a program of distance education, consistent with

28-8  section 29 of this act;

28-9  (c) A method for reporting to the department the number of pupils

28-10  who are enrolled in a program of distance education and the attendance

28-11  of those pupils;

28-12  (d) The requirements for assessing the achievement of pupils who are

28-13  enrolled in a program of distance education, which must include, without

28-14  limitation, the administration of the achievement and proficiency

28-15  examinations required pursuant to NRS 389.015 and 389.550; and

28-16  (e) A written description of the process pursuant to which the

28-17  department may revoke its approval for the operation of a program of

28-18  distance education.

28-19  2.  The state board may adopt regulations as it determines are

28-20  necessary to carry out the provisions of sections 25 to 33, inclusive, of

28-21  this act.

28-22  Sec. 34.  NRS 388.090 is hereby amended to read as follows:

28-23  388.090  1.  Except as otherwise permitted pursuant to this section,

28-24  boards of trustees of school districts shall schedule and provide a minimum

28-25  of 180 days of free school in the districts under their charge.

28-26  2.  The superintendent of public instruction may, upon application by a

28-27  board of trustees, authorize a reduction of not more than 15 school days in

28-28  a particular district to establish or maintain a 12-month school program or a

28-29  program involving alternative scheduling, if the board of trustees

28-30  demonstrates that the proposed schedule for the program provides for a

28-31  greater number of minutes of instruction than would be provided under a

28-32  program consisting of 180 school days. Before authorizing a reduction in

28-33  the number of required school days pursuant to this subsection, the

28-34  superintendent of public instruction must find that the proposed schedule

28-35  will be used to alleviate problems associated with a growth in enrollment

28-36  or overcrowding, or to establish and maintain a program of alternative

28-37  schooling[.] , including, without limitation, a program of distance

28-38  education provided by the board of trustees pursuant to sections 25 to 33,

28-39  inclusive, of this act.

28-40  3.  The superintendent of public instruction may, upon application by a

28-41  board of trustees, authorize the addition of minutes of instruction to any

28-42  scheduled day of free school if days of free school are lost because of any

28-43  interscholastic activity. Not more than 5 days of free school so lost may be

28-44  rescheduled in this manner.

28-45  4.  Each school district shall schedule at least 3 contingent days of

28-46  school in addition to the number of days required by this section, which

28-47  must be used if a natural disaster, inclement weather or an accident

28-48  necessitates the closing of a majority of the facilities within the district.

29-1  5.  If more than 3 days of free school are lost because a natural disaster,

29-2  inclement weather or an accident necessitates the closing of a majority of

29-3  the facilities within a school district, the superintendent of public

29-4  instruction, upon application by the school district, may permit the

29-5  additional days lost to be counted as school days in session. The

29-6  application must be submitted in the manner prescribed by the

29-7  superintendent of public instruction.

29-8  6.  The state board [of education] shall adopt regulations providing

29-9  procedures for changing schedules of instruction to be used if a natural

29-10  disaster, inclement weather or an accident necessitates the closing of a

29-11  particular school within a school district.

29-12  Sec. 35.  NRS 388.537 is hereby amended to read as follows:

29-13  388.537  1.  The board of trustees of a school district may, subject to

29-14  the approval of the state board, operate an alternative program for the

29-15  education of pupils at risk of dropping out of high school, including pupils

29-16  who:

29-17  (a) Because of extenuating circumstances, such as their being pregnant,

29-18  parents, chronically ill or self-supporting, are not able to attend the classes

29-19  of instruction regularly provided in high school;

29-20  (b) Are deficient in the amount of academic credit necessary to graduate

29-21  with pupils their same age;

29-22  (c) Are chronically absent from high school; or

29-23  (d) Require instruction on a more personal basis than that regularly

29-24  provided in high school.

29-25  2.  An alternative program may include:

29-26  (a) A shorter school day, and an opportunity for pupils to attend a

29-27  longer school day, than that regularly provided in high school.

29-28  (b) An opportunity for pupils to attend classes of instruction during any

29-29  part of the calendar year.

29-30  (c) A comprehensive curriculum that includes elective classes of

29-31  instruction and occupational education.

29-32  (d) An opportunity for pupils to obtain academic credit through

29-33  experience gained at work or while engaged in other activities.

29-34  (e) An opportunity for pupils to satisfy either:

29-35     (1) The requirements for a regular high school diploma; or

29-36     (2) The requirements for a high school diploma for adults.

29-37  (f) The provision of child care for the children of pupils.

29-38  (g) The transportation of pupils to and from classes of instruction.

29-39  (h) The temporary placement of pupils for independent study, if there

29-40  are extenuating circumstances which prevent those pupils from attending

29-41  the alternative program on a daily basis.

29-42  3.  The board of trustees of a school district may operate an

29-43  alternative program pursuant to this section through a program of

29-44  distance education pursuant to sections 25 to 33, inclusive, of this act.

29-45  Sec. 36.  NRS 388.700 is hereby amended to read as follows:

29-46  388.700  1.  Except as otherwise provided in subsections 2, 3 and 6,

29-47  after the last day of the first month of the school year, the ratio in each

29-48  school district of pupils per class in kindergarten and grades 1, 2 and 3 per

29-49  licensed teacher designated to teach those classes full time must not exceed

30-1  15 to 1 in classes where core curriculum is taught. In determining this ratio,

30-2  all licensed educational personnel who teach kindergarten or grade 1, 2 or

30-3  3 must be counted except teachers of art, music, physical education or

30-4  special education, counselors, librarians, administrators, deans and

30-5  specialists.

30-6  2.  A school district may, within the limits of any plan adopted pursuant

30-7  to NRS 388.720, assign a pupil whose enrollment in a grade occurs after

30-8  the last day of the first month of the school year to any existing class

30-9  regardless of the number of pupils in the class.

30-10  3.  The state board may grant to a school district a variance from the

30-11  limitation on the number of pupils per class set forth in subsection 1 for

30-12  good cause, including the lack of available financial support specifically

30-13  set aside for the reduction of pupil-teacher ratios.

30-14  4.  The state board shall, on or before February 1 of each odd-

30-15  numbered year, report to the legislature on:

30-16  (a) Each variance granted by it during the preceding biennium,

30-17  including the specific justification for the variance.

30-18  (b) The data reported to it by the various school districts pursuant to

30-19  subsection 2 of NRS 388.710, including an explanation of that data, and

30-20  the current pupil-teacher ratios per class in kindergarten and grades 1, 2

30-21  and 3.

30-22  5.  The department shall, on or before November 15 of each year,

30-23  report to the chief of the budget division of the department of

30-24  administration and the fiscal analysis division of the legislative counsel

30-25  bureau:

30-26  (a) The number of teachers employed;

30-27  (b) The number of teachers employed in order to attain the ratio

30-28  required by subsection 1;

30-29  (c) The number of pupils enrolled; and

30-30  (d) The number of teachers assigned to teach in the same classroom

30-31  with another teacher or in any other arrangement other than one teacher

30-32  assigned to one classroom of pupils,

30-33  during the current school year in kindergarten and grades 1, 2 and 3 for

30-34  each school district.

30-35  6.  The provisions of this section do not apply to a charter school[.] or

30-36  to a program of distance education provided pursuant to sections 25 to

30-37  33, inclusive, of this act.

30-38  Sec. 37.  NRS 389.017 is hereby amended to read as follows:

30-39  389.017  1.  The state board shall prescribe regulations requiring that

30-40  each board of trustees of a school district and each governing body of a

30-41  charter school submit to the superintendent of public instruction and the

30-42  department, in the form and manner prescribed by the superintendent, the

30-43  results of achievement and proficiency examinations given in the 4th, 8th,

30-44  10th and 11th grades to public school pupils of the district and charter

30-45  schools. The state board shall not include in the regulations any provision

30-46  which would violate the confidentiality of the test scores of any individual

30-47  pupil.

31-1  2.  The results of examinations must be reported for each school,

31-2  including, without limitation, each charter school, school district and this

31-3  state , as follows:

31-4  (a) The average score, as defined by the department, of pupils who took

31-5  the examinations under regular testing conditions; and

31-6  (b) The average score, as defined by the department, of pupils who took

31-7  the examinations with modifications or accommodations approved by the

31-8  private entity that created the examination or, if the department created the

31-9  examination, the department, if such reporting does not violate the

31-10  confidentiality of the test scores of any individual pupil.

31-11  3.  The department shall adopt regulations prescribing the requirements

31-12  for reporting the scores of pupils who:

31-13  (a) Took the examinations under conditions that were not approved by

31-14  the private entity that created the examination or, if the department created

31-15  the examination, by the department;

31-16  (b) Are enrolled in special schools for children with disabilities;

31-17  (c) Are enrolled in an alternative program for the education of pupils at

31-18  risk of dropping out of high school[;] , including, without limitation, a

31-19  program of distance education that is provided to pupils who are at risk

31-20  of dropping out of high school pursuant to sections 25 to 33, inclusive, of

31-21  this act; or

31-22  (d) Are detained in a:

31-23     (1) Youth training center;

31-24     (2) Youth center;

31-25     (3) Juvenile forestry camp;

31-26     (4) Detention home;

31-27     (5) Youth camp;

31-28     (6) Juvenile correctional institution; or

31-29     (7) Correctional institution.

31-30  The scores reported pursuant to this subsection must not be included in the

31-31  average scores reported pursuant to subsection 2.

31-32  4.  Not later than 10 days after the department receives the results of

31-33  the achievement and proficiency examinations, the department shall

31-34  transmit a copy of the results of the examinations administered pursuant to

31-35  NRS 389.015 to the legislative bureau of educational accountability and

31-36  program evaluation in a manner that does not violate the confidentiality of

31-37  the test scores of any individual pupil.

31-38  5.  On or before November 1 of each year, each school district and each

31-39  charter school shall report to the department the following information for

31-40  each examination administered in the public schools in the school district

31-41  or charter school:

31-42  (a) The examination administered;

31-43  (b) The grade level or levels of pupils to whom the examination was

31-44  administered;

31-45  (c) The costs incurred by the school district or charter school in

31-46  administering each examination; and

31-47  (d) The purpose, if any, for which the results of the examination are

31-48  used by the school district or charter school.

32-1  On or before December 1 of each year, the department shall transmit to the

32-2  budget division of the department of administration and the fiscal analysis

32-3  division of the legislative counsel bureau the information submitted to the

32-4  department pursuant to this subsection.

32-5  6.  The superintendent of schools of each school district and the

32-6  governing body of each charter school shall certify that the number of

32-7  pupils who took the examinations required pursuant to NRS 389.015 is

32-8  equal to the number of pupils who are enrolled in each school in the school

32-9  district or in the charter school who are required to take the examinations

32-10  except for those pupils who are exempt from taking the examinations. A

32-11  pupil may be exempt from taking the examinations if:

32-12  (a) His primary language is not English and his proficiency in the

32-13  English language is below the level that the state board determines is

32-14  proficient, as measured by an assessment of proficiency in the English

32-15  language prescribed by the state board pursuant to subsection 8; or

32-16  (b) He is enrolled in a program of special education pursuant to NRS

32-17  388.440 to 388.520, inclusive, and his program of special education

32-18  specifies that he is exempt from taking the examinations.

32-19  7.  In addition to the information required by subsection 5, the

32-20  superintendent of public instruction shall:

32-21  (a) Report the number of pupils who were not exempt from taking the

32-22  examinations but were absent from school on the day that the examinations

32-23  were administered; and

32-24  (b) Reconcile the number of pupils who were required to take the

32-25  examinations with the number of pupils who were exempt from taking the

32-26  examinations or absent from school on the day that the examinations were

32-27  administered.

32-28  8.  The state board shall prescribe an assessment of proficiency in the

32-29  English language for pupils whose primary language is not English to

32-30  determine which pupils are exempt from the examinations pursuant to

32-31  paragraph (a) of subsection 6.

32-32  Sec. 38.  NRS 389.560 is hereby amended to read as follows:

32-33  389.560  1.  The state board shall adopt regulations that require the

32-34  board of trustees of each school district and the governing body of each

32-35  charter school to submit to the superintendent of public instruction, the

32-36  department and the council, in the form and manner prescribed by the

32-37  superintendent, the results of the examinations administered pursuant to

32-38  NRS 389.550. The state board shall not include in the regulations any

32-39  provision that would violate the confidentiality of the test scores of an

32-40  individual pupil.

32-41  2.  The results of the examinations must be reported for each school,

32-42  including, without limitation, each charter school, school district and this

32-43  state, as follows:

32-44  (a) The percentage of pupils who have demonstrated proficiency, as

32-45  defined by the department, and took the examinations under regular testing

32-46  conditions; and

32-47  (b) The percentage of pupils who have demonstrated proficiency, as

32-48  defined by the department, and took the examinations with modifications

32-49  or accommodations approved by the private entity that created the

33-1  examination or, if the department created the examination, the department,

33-2  if such reporting does not violate the confidentiality of the test scores of

33-3  any individual pupil.

33-4  3.  The department shall adopt regulations prescribing the requirements

33-5  for reporting the results of pupils who:

33-6  (a) Took the examinations under conditions that were not approved by

33-7  the private entity that created the examination or, if the department created

33-8  the examination, by the department;

33-9  (b) Are enrolled in special schools for children with disabilities;

33-10  (c) Are enrolled in an alternative program for the education of pupils at

33-11  risk of dropping out of high school[;] , including, without limitation, a

33-12  program of distance education that is provided to pupils who are at risk

33-13  of dropping out of high school pursuant to sections 25 to 33, inclusive, of

33-14  this act; or

33-15  (d) Are detained in a:

33-16     (1) Youth training center;

33-17     (2) Youth center;

33-18     (3) Juvenile forestry camp;

33-19     (4) Detention home;

33-20     (5) Youth camp;

33-21     (6) Juvenile correctional institution; or

33-22     (7) Correctional institution.

33-23  The results reported pursuant to this subsection must not be included in the

33-24  percentage of pupils reported pursuant to subsection 2.

33-25  4.  Not later than 10 days after the department receives the results of

33-26  the examinations, the department shall transmit a copy of the results to the

33-27  legislative bureau of educational accountability and program evaluation in

33-28  a manner that does not violate the confidentiality of the test scores of any

33-29  individual pupil.

33-30  5.  On or before November 1 of each year, each school district and each

33-31  charter school shall report to the department the following information for

33-32  each examination administered in the public schools in the school district

33-33  or charter school:

33-34  (a) The examination administered;

33-35  (b) The grade level or levels of pupils to whom the examination was

33-36  administered;

33-37  (c) The costs incurred by the school district or charter school in

33-38  administering each examination; and

33-39  (d) The purpose, if any, for which the results of the examination are

33-40  used by the school district or charter school.

33-41  On or before December 1 of each year, the department shall transmit to the

33-42  budget division of the department of administration and the fiscal analysis

33-43  division of the legislative counsel bureau the information submitted to the

33-44  department pursuant to this subsection.

33-45  6.  The superintendent of schools of each school district and the

33-46  governing body of each charter school shall certify that the number of

33-47  pupils who took the examinations is equal to the number of pupils who are

33-48  enrolled in each school in the school district or in the charter school who

33-49  are required to take the examinations, except for those pupils who are

34-1  exempt from taking the examinations. A pupil may be exempt from taking

34-2  the examinations if:

34-3  (a) His primary language is not English and his proficiency in the

34-4  English language is below the level that the state board determines is

34-5  proficient, as measured by an assessment of proficiency in the English

34-6  language prescribed by the state board pursuant to subsection 8; or

34-7  (b) He is enrolled in a program of special education pursuant to NRS

34-8  388.440 to 388.520, inclusive, and his program of special education

34-9  specifies that he is exempt from taking the examinations.

34-10  7.  In addition to the information required by subsection 5, the

34-11  superintendent of public instruction shall:

34-12  (a) Report the number of pupils who were not exempt from taking the

34-13  examinations but were absent from school on the day that the examinations

34-14  were administered; and

34-15  (b) Reconcile the number of pupils who were required to take the

34-16  examinations with the number of pupils who were exempt from taking the

34-17  examinations or absent from school on the day that the examinations were

34-18  administered.

34-19  8.  The state board shall prescribe an assessment of proficiency in the

34-20  English language for pupils whose primary language is not English to

34-21  determine which pupils are exempt from the examinations pursuant to

34-22  paragraph (a) of subsection 6.

34-23  Sec. 39.  NRS 391.170 is hereby amended to read as follows:

34-24  391.170  1.  Except as otherwise provided in subsection 2, a teacher or

34-25  other employee for whom a license is required is not entitled to receive any

34-26  portion of public money for schools as compensation for services rendered

34-27  unless:

34-28  (a) He is legally employed by the board of trustees of the school district

34-29  or the governing body of the charter school in which he is teaching or

34-30  performing other educational functions.

34-31  (b) He has a license authorizing him to teach or perform other

34-32  educational functions at the level and in the field for which he is employed,

34-33  issued in accordance with law and in full force at the time the services are

34-34  rendered.

34-35  2.  The provisions of subsection 1 do not prohibit the payment of public

34-36  money to teachers or other employees who are employed by a charter

34-37  school for a whom a license is not required pursuant to the provisions of

34-38  NRS 386.590 . [and 386.595.]

34-39  Sec. 40.  NRS 391.31965 is hereby amended to read as follows:

34-40  391.31965  Any postprobationary employee of a school district of

34-41  Nevada who is employed by another school district or charter school must

34-42  be allowed to continue as a postprobationary employee and must not be

34-43  required to serve the probationary period required by subsection 1 of NRS

34-44  391.3197.

34-45  Sec. 41.  NRS 392.010 is hereby amended to read as follows:

34-46  392.010  Except as to the attendance of a pupil pursuant to NRS

34-47  392.015 or sections 25 to 33, inclusive, of this act, or a pupil who is

34-48  ineligible for attendance pursuant to NRS 392.4675 and except as

34-49  otherwise provided in NRS 392.264 and 392.268:

35-1  1.  The board of trustees of any school district may, with the approval

35-2  of the superintendent of public instruction:

35-3  (a) Admit to the school or schools of the school district any pupil or

35-4  pupils living in an adjoining school district within this state or in an

35-5  adjoining state when the school district of residence in the adjoining state

35-6  adjoins the receiving Nevada school district; or

35-7  (b) Pay tuition for pupils residing in the school district but who attend

35-8  school in an adjoining school district within this state or in an adjoining

35-9  state when the receiving district in the adjoining state adjoins the school

35-10  district of Nevada residence.

35-11  2.  With the approval of the superintendent of public instruction, the

35-12  board of trustees of the school district in which the pupil or pupils reside

35-13  and the board of trustees of the school district in which the pupil or pupils

35-14  attend school shall enter into an agreement providing for the payment of

35-15  such tuition as may be agreed upon, but transportation costs must be paid

35-16  by the board of trustees of the school district in which the pupil or pupils

35-17  reside:

35-18  (a) If any are incurred in transporting a pupil or pupils to an adjoining

35-19  school district within the state; and

35-20  (b) If any are incurred in transporting a pupil or pupils to an adjoining

35-21  state, as provided by the agreement.

35-22  3.  In addition to the provisions for the payment of tuition and

35-23  transportation costs for pupils admitted to an adjoining school district as

35-24  provided in subsection 2, the agreement may contain provisions for the

35-25  payment of reasonable amounts of money to defray the cost of operation,

35-26  maintenance and depreciation of capital improvements which can be

35-27  allocated to such pupils.

35-28  Sec. 42.  NRS 392.035 is hereby amended to read as follows:

35-29  392.035  1.  In determining the mobility of pupils in a school, for any

35-30  purpose, the department shall divide the sum of the following numbers by

35-31  the cumulative enrollment in the school:

35-32  (a) The number of late entries or transfers into a school from another

35-33  school, school district or state, after the beginning of the school year;

35-34  (b) The number of pupils reentering the school after having withdrawn

35-35  from the same school; and

35-36  (c) The number of pupils who withdraw for any reason or who are

35-37  dropped for nonattendance.

35-38  2.  To determine the cumulative enrollment of the school pursuant to

35-39  subsection 1, the department shall add the total number of pupils enrolled

35-40  in programs of instruction in the school who are included in the count for

35-41  apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to

35-42  (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number

35-43  of pupils included in paragraphs (a) and (b) of subsection 1.

35-44  3.  The department shall develop and distribute to the county school

35-45  districts a form upon which the information necessary to the formula may

35-46  be submitted by the individual schools.

35-47  Sec. 43.  NRS 392.070 is hereby amended to read as follows:

35-48  392.070  1.  Attendance required by the provisions of NRS 392.040

35-49  must be excused when satisfactory written evidence is presented to the

36-1  board of trustees of the school district in which the child resides that the

36-2  child is receiving at home or in some other school equivalent instruction of

36-3  the kind and amount approved by the state board.

36-4  2.  The board of trustees of each school district shall provide programs

36-5  of special education and related services for children who are exempt from

36-6  compulsory attendance pursuant to subsection 1 and receive instruction at

36-7  home. The programs of special education and related services required by

36-8  this section must be made available:

36-9  (a) Only if a child would otherwise be eligible for participation in

36-10  programs of special education and related services pursuant to NRS

36-11  388.440 to 388.520, inclusive;

36-12  (b) In the same manner that the board of trustees provides, as required

36-13  by 20 U.S.C. § 1412, for the participation of pupils with disabilities who

36-14  are enrolled in private schools within the school district voluntarily by their

36-15  parents or legal guardians; and

36-16  (c) In accordance with the same requirements set forth in 20 U.S.C. §

36-17  1412 which relate to the participation of pupils with disabilities who are

36-18  enrolled in private schools within the school district voluntarily by their

36-19  parents or legal guardians.

36-20  3.  Except as otherwise provided in subsection 2 for programs of

36-21  special education and related services[,] and this subsection for programs

36-22  of distance education, upon the request of a parent or legal guardian of a

36-23  child who is enrolled in a private school or who receives instruction at

36-24  home, the board of trustees of the school district in which the child resides

36-25  shall authorize the child to participate in a class that is not available to the

36-26  child at the private school or home school or participate in an

36-27  extracurricular activity, excluding sports, at a public school within the

36-28  school district if:

36-29  (a) Space for the child in the class or extracurricular activity is

36-30  available; and

36-31  (b) The parent or legal guardian demonstrates to the satisfaction of the

36-32  board of trustees that the child is qualified to participate in the class or

36-33  extracurricular activity.

36-34  If the board of trustees of a school district authorizes a child to participate

36-35  in a class or extracurricular activity, excluding sports, pursuant to this

36-36  subsection, the board of trustees is not required to provide transportation

36-37  for the child to attend the class or activity. The board of trustees of a

36-38  school district shall not authorize such a child to participate in a class or

36-39  activity through a program of distance education provided by the school

36-40  district pursuant to sections 25 to 33, inclusive, of this act.

36-41  4.  The board of trustees of a school district may revoke its approval for

36-42  a pupil to participate in a class or extracurricular activity at a public school

36-43  pursuant to subsection 3 if the board of trustees or the public school

36-44  determines that the pupil has failed to comply with applicable statutes, or

36-45  applicable rules and regulations of the board of trustees. If the board of

36-46  trustees revokes its approval, neither the board of trustees nor the public

36-47  school are liable for any damages relating to the denial of services to the

36-48  pupil.

37-1  5.  The programs of special education and related services required by

37-2  subsection 2 may be offered at a public school or another location that is

37-3  appropriate.

37-4  6.  The department may adopt such regulations as are necessary for the

37-5  boards of trustees of school districts to provide the programs of special

37-6  education and related services required by subsection 2.

37-7  7.  As used in this section, “related services” has the meaning ascribed

37-8  to it in 20 U.S.C. § 1401(22).

37-9  Sec. 44.  NRS 288.060 is hereby amended to read as follows:

37-10  288.060  “Local government employer” means any political

37-11  subdivision of this state or any public or quasi-public corporation

37-12  organized under the laws of this state and includes, without limitation,

37-13  counties, cities, unincorporated towns, charter schools, school districts,

37-14  hospital districts, irrigation districts and other special districts.

37-15  Sec. 45.  Section 60 of chapter 606, Statutes of Nevada 1999, at page

37-16  3324, is hereby amended to read as follows:

37-17     Sec. 60.  1.  This section and sections 56 and 57 of this act

37-18  become effective upon passage and approval.

37-19     2.  Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24,

37-20  inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of

37-21  this act become effective on July 1, 1999.

37-22     3.  Sections 17, 25 and 46 of this act become effective at 12:01

37-23  a.m. on July 1, 1999.

37-24     4.  Section 12.5 of this act becomes effective on July 1, [2001.

37-25     5.  Section 55 of this act becomes effective on July 1,] 2003.

37-26  Sec. 46.  If the membership of the governing body of a charter school

37-27  that is in operation before July 1, 2001, does not comply with the

37-28  amendatory provisions of section 12 of this act, the charter school shall

37-29  make appropriate changes to the membership of the governing body and

37-30  otherwise take appropriate action to ensure that the governing body of the

37-31  charter school complies with the amendatory provisions of section 12 of

37-32  this act on or before September 1, 2001.

37-33  Sec. 47.  The amendatory provisions of section 17 of this act do not

37-34  affect any right to representation that an employee of a charter school

37-35  acquired before July 1, 2001, by virtue of his membership in an employee

37-36  organization.

37-37  Sec. 48.  On or before April 1, 2002, the state board of education shall

37-38  adopt regulations required by section 33 of this act.

37-39  Sec. 49.  The department of education shall accept applications to

37-40  provide programs of distance education in accordance with section 28 of

37-41  this act for programs that will commence operation with the 2002-2003

37-42  school year or any school year thereafter. If any deadlines contained within

37-43  the regulations adopted by the state board of education pursuant to section

37-44  33 of this act preclude a school district or charter school from submitting

37-45  an application for the 2002-2003 school year, the department of education

37-46  shall grant a shorter period for the board of trustees or governing body to

37-47  submit an application for the 2002-2003 school year notwithstanding the

37-48  provisions of those regulations.

38-1  Sec. 50.  If a school district or charter school provides, before July 1,

38-2  2001, a program that includes distance education in accordance with all

38-3  applicable statutes and regulations, the school district or charter school

38-4  may continue to offer that program for the 2001-2002 school year if the

38-5  school district or charter school provides written notice to the state board of

38-6  education on or before July 1, 2001. After the 2001-2002 school year, the

38-7  school district or charter school must comply with sections 25 to 33,

38-8  inclusive, of this act, if it desires to continue the program. The provisions

38-9  of this section apply to a charter school regardless of the terms of the

38-10  written charter of the charter school that authorize the charter school to

38-11  provide a program that includes distance education.

38-12  Sec. 51.  The amendatory provisions of this act do not apply to

38-13  offenses committed before July 1, 2001.

38-14  Sec. 52.  Section 55 of chapter 606, Statutes of Nevada 1999, at page

38-15  3322, is hereby repealed.

38-16  Sec. 53.  1.  This section and sections 1 to 12, inclusive, 15 to 18,

38-17  inclusive, 33, 39, 40 and 44 to 52, inclusive, of this act become effective on

38-18  July 1, 2001.

38-19  2.  Sections 13, 14, 19 to 32, inclusive, 34 to 38, inclusive, 41, 42 and

38-20  43 of this act become effective on July 1, 2002

 

38-21  TEXT OF REPEALED SECTION

 

38-22  Section 55 of chapter 606, Statutes of Nevada 1999:

38-23  Sec. 55.  NRS 386.510 is hereby repealed.

 

38-24  H