(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT S.B. 399
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.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; prohibiting an existing public school or home school from converting to a charter school; prohibiting a charter school from operating for profit; creating the fund for charter schools; providing for the sponsorship of charter schools by the state board of education; revising the collective bargaining provisions applicable to charter school employees who are on a leave of absence from a school district; revising provisions governing the formation, operation and personnel of charter schools; authorizing the boards of trustees of school districts and the governing bodies of charter schools to provide programs of distance education for certain pupils; requiring the state board to adopt regulations prescribing the requirements of programs of distance education; revising the provisions governing the apportionments of money from the state distributive school account to provide for the payment of money for pupils who are enrolled in programs of distance education; providing that certain property of charter schools and certain property leased or rented to charter schools is exempt from taxation; extending 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 385.347 is hereby amended to read as follows:
1-2 385.347 1. The board of trustees of each school district in this state,
1-3 in cooperation with associations recognized by the state board as
1-4 representing licensed personnel in education in the district, shall adopt a
1-5 program providing for the accountability of the school district to the
1-6 residents of the district and to the state board for the quality of the schools
1-7 and the educational achievement of the pupils in the district, including,
1-8 without limitation, pupils enrolled in charter schools in the school district.
1-9 The board of trustees of a school district shall report the information
2-1 required by subsection 2 for each charter school within the school
2-2 district, regardless of the sponsor of the charter school.
2-3 2. The board of trustees of each school district shall, on or before
2-4 March 31 of each year, report to the residents of the district concerning:
2-5 (a) The educational goals and objectives of the school district.
2-6 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the
2-7 district and the district as a whole, including, without limitation, each
2-8 charter school in the district.
2-9 Unless otherwise directed by the department, the board of trustees of the
2-10 district shall base its report on the results of the examinations administered
2-11 pursuant to NRS 389.015 and shall compare the results of those
2-12 examinations for the current school year with those of previous school
2-13 years. The report must include, for each school in the district, including,
2-14 without limitation, each charter school in the district, and each grade in
2-15 which the examinations were administered:
2-16 (1) The number of pupils who took the examinations;
2-17 (2) An explanation of instances in which a school was exempt from
2-18 administering or a pupil was exempt from taking an examination; and
2-19 (3) A record of attendance for the period in which the examinations
2-20 were administered, including an explanation of any difference in the
2-21 number of pupils who took the examinations and the number of pupils who
2-22 are enrolled in the school.
2-23 In addition, the board shall also report the results of other examinations of
2-24 pupil achievement administered to pupils in the school district in grades
2-25 other than 4, 8, 10 and 11. The results of these examinations for the current
2-26 school year must be compared with those of previous school years.
2-27 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-28 level for each elementary school in the district and the district as a whole,
2-29 including, without limitation, each charter school in the district, the
2-30 average class size for each required course of study for each secondary
2-31 school in the district and the district as a whole, including, without
2-32 limitation, each charter school in the district, and other data concerning
2-33 licensed and unlicensed employees of the school district.
2-34 (d) The percentage of classes taught by teachers who have been
2-35 assigned to teach English, mathematics, science or social studies but do not
2-36 possess a license with an endorsement to teach in that subject area, for each
2-37 school in the district and the district as a whole, including, without
2-38 limitation, each charter school in the district.
2-39 (e) The total expenditure per pupil for each school in the district and the
2-40 district as a whole, including, without limitation, each charter school in the
2-41 district.
2-42 (f) The curriculum used by the school district, including:
2-43 (1) Any special programs for pupils at an individual school; and
2-44 (2) The curriculum used by each charter school in the district.
2-45 (g) Records of the attendance and truancy of pupils in all grades,
2-46 including, without limitation, the average daily attendance of pupils, for
2-47 each school in the district and the district as a whole, including, without
2-48 limitation, each charter school in the district.
3-1 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
3-2 inclusive, for each such grade, for each school in the district and for the
3-3 district as a whole, excluding pupils who:
3-4 (1) Provide proof to the school district of successful completion of
3-5 the examinations of general educational development.
3-6 (2) Are enrolled in courses that are approved by the department as
3-7 meeting the requirements for an adult standard diploma.
3-8 (3) Withdraw from school to attend another school.
3-9 (i) Records of attendance of teachers who provide instruction, for each
3-10 school in the district and the district as a whole, including, without
3-11 limitation, each charter school in the district.
3-12 (j) Efforts made by the school district and by each school in the district,
3-13 including, without limitation, each charter school in the district, to
3-14 increase:
3-15 (1) Communication with the parents of pupils in the district; and
3-16 (2) The participation of parents in the educational process and
3-17 activities relating to the school district and each school, including, without
3-18 limitation, the existence of parent organizations and school advisory
3-19 committees.
3-20 (k) Records of incidents involving weapons or violence for each school
3-21 in the district, including, without limitation, each charter school in the
3-22 district.
3-23 (l) Records of incidents involving the use or possession of alcoholic
3-24 beverages or controlled substances for each school in the district,
3-25 including, without limitation, each charter school in the district.
3-26 (m) Records of the suspension and expulsion of pupils required or
3-27 authorized pursuant to NRS 392.466 and 392.467.
3-28 (n) The number of pupils who are deemed habitual disciplinary
3-29 problems pursuant to NRS 392.4655, for each school in the district and the
3-30 district as a whole, including, without limitation, each charter school in the
3-31 district.
3-32 (o) The number of pupils in each grade who are retained in the same
3-33 grade pursuant to NRS 392.125, for each school in the district and the
3-34 district as a whole, including, without limitation, each charter school in the
3-35 district.
3-36 (p) The transiency rate of pupils for each school in the district and the
3-37 district as a whole, including, without limitation, each charter school in the
3-38 district. For the purposes of this paragraph, a pupil is not transient if he is
3-39 transferred to a different school within the school district as a result of a
3-40 change in the zone of attendance by the board of trustees of the school
3-41 district pursuant to NRS 388.040.
3-42 (q) Each source of funding for the school district.
3-43 (r) The amount and sources of money received for remedial education
3-44 for each school in the district and the district as a whole, including, without
3-45 limitation, each charter school in the district.
3-46 (s) For each high school in the district, including, without limitation,
3-47 each charter school in the district, the percentage of pupils who graduated
3-48 from that high school or charter school in the immediately preceding year
3-49 and enrolled in remedial courses in reading, writing or mathematics at a
4-1 university or community college within the University and Community
4-2 College System of Nevada.
4-3 (t) The technological facilities and equipment available at each school,
4-4 including, without limitation, each charter school, and the district’s plan to
4-5 incorporate educational technology at each school.
4-6 (u) For each school in the district and the district as a whole, including,
4-7 without limitation, each charter school in the district, the number and
4-8 percentage of pupils who graduate with:
4-9 (1) A standard high school diploma.
4-10 (2) An adjusted diploma.
4-11 (3) A certificate of attendance.
4-12 (v) For each school in the district and the district as a whole, including,
4-13 without limitation, each charter school in the district, the number and
4-14 percentage of pupils who did not receive a high school diploma because the
4-15 pupils failed to pass the high school proficiency examination.
4-16 (w) The number of habitual truants who are reported to a school police
4-17 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-18 2 of NRS 392.144 and the number of habitual truants who are referred to
4-19 an advisory board to review school attendance pursuant to paragraph (b) of
4-20 subsection 2 of NRS 392.144, for each school in the district and for the
4-21 district as a whole.
4-22 (x) The amount and sources of money received for the training and
4-23 professional development of teachers and other educational personnel for
4-24 each school in the district and for the district as a whole, including, without
4-25 limitation, each charter school in the district.
4-26 (y) Such other information as is directed by the superintendent of public
4-27 instruction.
4-28 3. The records of attendance maintained by a school for purposes of
4-29 paragraph (i) of subsection 2 must include the number of teachers who are
4-30 in attendance at school and the number of teachers who are absent from
4-31 school. A teacher shall be deemed in attendance if the teacher is excused
4-32 from being present in the classroom by the school in which he is employed
4-33 for one of the following reasons:
4-34 (a) Acquisition of knowledge or skills relating to the professional
4-35 development of the teacher; or
4-36 (b) Assignment of the teacher to perform duties for cocurricular or
4-37 extracurricular activities of pupils.
4-38 4. The superintendent of public instruction shall:
4-39 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-40 provide the forms to the respective school districts.
4-41 (b) Provide statistical information and technical assistance to the school
4-42 districts to ensure that the reports provide comparable information with
4-43 respect to each school in each district and among the districts.
4-44 (c) Consult with a representative of the:
4-45 (1) Nevada State Education Association;
4-46 (2) Nevada Association of School Boards;
4-47 (3) Nevada Association of School Administrators;
4-48 (4) Nevada Parent Teachers Association;
4-49 (5) Budget division of the department of administration; and
5-1 (6) Legislative counsel bureau,
5-2 concerning the program and consider any advice or recommendations
5-3 submitted by the representatives with respect to the program.
5-4 5. The superintendent of public instruction may consult with
5-5 representatives of parent groups other than the Nevada Parent Teachers
5-6 Association concerning the program and consider any advice or
5-7 recommendations submitted by the representatives with respect to the
5-8 program.
5-9 6. On or before April 15 of each year, the board of trustees of each
5-10 school district shall submit to each advisory board to review school
5-11 attendance created in the county pursuant to NRS 392.126 the information
5-12 required in paragraph (g) of subsection 2.
5-13 Sec. 2. NRS 385.363 is hereby amended to read as follows:
5-14 385.363 1. The department shall, on or before April 1 of each year:
5-15 [1.] (a) Evaluate the information submitted by each school district
5-16 pursuant to paragraphs (b) and (g) of subsection 2 of NRS 385.347; and
5-17 [2.] (b) Except as otherwise provided in subsection [3] 2 and NRS
5-18 385.364, based upon its evaluation and in accordance with the criteria set
5-19 forth in NRS 385.365 and 385.367, designate each public school within
5-20 each school district as:
5-21 [(a)] (1) Demonstrating exemplary achievement;
5-22 [(b)] (2) Demonstrating high achievement;
5-23 [(c)] (3) Demonstrating adequate achievement; or
5-24 [(d)] (4) Demonstrating need for improvement.
5-25 [3.] 2. The department shall adopt regulations that set forth the
5-26 conditions under which the department will not designate a public school
5-27 pursuant to this section because the school:
5-28 (a) Has too few pupils enrolled in a grade level that is tested pursuant to
5-29 NRS 389.015;
5-30 (b) Serves only pupils with disabilities;
5-31 (c) Operates only as an alternative program for the education of pupils
5-32 at risk of dropping out of high school [;] , including, without limitation, a
5-33 program of distance education for pupils at risk of dropping out of high
5-34 school provided pursuant to sections 35 to 49, inclusive, of this act; or
5-35 (d) Is operated within a:
5-36 (1) Youth training center;
5-37 (2) Youth center;
5-38 (3) Juvenile forestry camp;
5-39 (4) Detention home;
5-40 (5) Youth camp;
5-41 (6) Juvenile correctional institution; or
5-42 (7) Correctional institution.
5-43 Sec. 3. Chapter 386 of NRS is hereby amended by adding thereto the
5-44 provisions set forth as sections 4 to 10, inclusive, of this act.
5-45 Sec. 4. The provisions of NRS 386.500 to 386.610, inclusive, and
5-46 sections 4 to 10, inclusive, of this act do not authorize an existing public
5-47 school, home school or other program of home study to convert to a
5-48 charter school.
6-1 Sec. 5. A charter school shall not operate for profit.
6-2 Sec. 6. 1. Unless otherwise authorized by specific statute, it is
6-3 unlawful for a member of the board of trustees of a school district or an
6-4 employee of a school district to solicit or accept any gift or payment of
6-5 money on his own behalf or on behalf of the school district or for any
6-6 other purpose from a member of a committee to form a charter school,
6-7 the governing body of a charter school, or any officer or employee of a
6-8 charter school.
6-9 2. This section does not prohibit the payment of a salary or other
6-10 compensation or income to a member of the board of trustees or an
6-11 employee of a school district for services provided in accordance with a
6-12 contract made pursuant to NRS 386.560.
6-13 3. A person who violates subsection 1 shall be punished for a
6-14 misdemeanor.
6-15 Sec. 7. 1. If a charter school provides instruction to pupils enrolled
6-16 in a high school grade level and the charter school requires those pupils
6-17 to satisfy requirements for graduation from high school that are less than
6-18 the requirements imposed by the school district in which the charter
6-19 school is located, the charter school shall not issue a high school diploma
6-20 of the school district but may issue a high school diploma which clearly
6-21 indicates that it is a diploma issued by a charter school. If a charter
6-22 school requires its pupils to satisfy requirements for graduation from
6-23 high school that meet or exceed the requirements of the school district in
6-24 which the charter school is located, the charter school may issue a high
6-25 school diploma of the school district or a high school diploma of the
6-26 charter school.
6-27 2. A charter school shall submit the form for a diploma of the
6-28 charter school to the department for approval if the form differs from the
6-29 form of the school district in which the charter school is located.
6-30 3. The provisions of this section do not authorize a charter school to
6-31 impose requirements for graduation from high school that are less than
6-32 the requirements of the applicable state statutes and regulations.
6-33 Sec. 8. 1. The fund for charter schools is hereby created in the
6-34 state treasury as a revolving loan fund, to be administered by the
6-35 department.
6-36 2. The money in the revolving fund must be invested as other state
6-37 funds are invested. All interest and income earned on the money in the
6-38 revolving fund must be credited to the revolving fund. Any money
6-39 remaining in the revolving fund at the end of a fiscal year does not revert
6-40 to the state general fund, and the balance in the fund must be carried
6-41 forward.
6-42 3. All payments of principal and interest on all the loans made to a
6-43 charter school from the revolving fund must be deposited in the state
6-44 treasury for credit to the revolving fund.
6-45 4. Claims against the revolving fund must be paid as other claims
6-46 against the state are paid.
6-47 5. The department may accept gifts, grants, bequests and donations
6-48 from any source for deposit in the revolving fund.
7-1 Sec. 9. 1. After deducting the costs directly related to
7-2 administering the fund for charter schools, the department may use the
7-3 money in the fund for charter schools, including repayments of principal
7-4 and interest on loans made from the fund, and interest and income
7-5 earned on money in the fund, only to make loans at or below market rate
7-6 to charter schools for the costs incurred:
7-7 (a) In preparing a charter school to commence its first year of
7-8 operation; and
7-9 (b) To improve a charter school that has been in operation.
7-10 2. The total amount of a loan that may be made to a charter school
7-11 in 1 year must not exceed $25,000.
7-12 Sec. 10. 1. If the governing body of a charter school has a written
7-13 charter issued pursuant to NRS 386.527, the governing body may submit
7-14 an application to the department for a loan from the fund for charter
7-15 schools. An application must include a written description of the manner
7-16 in which the loan will be used to prepare the charter school for its first
7-17 year of operation or to improve a charter school that has been in
7-18 operation.
7-19 2. The department shall, within the limits of money available for use
7-20 in the fund, make loans to charter schools whose applications have been
7-21 approved. If the department makes a loan from the fund, the department
7-22 shall ensure that the contract for the loan includes all terms and
7-23 conditions for repayment of the loan.
7-24 3. The state board:
7-25 (a) Shall adopt regulations that prescribe the:
7-26 (1) Annual deadline for submission of an application to the
7-27 department by a charter school that desires to receive a loan from the
7-28 fund; and
7-29 (2) Period for repayment and the rate of interest for loans made
7-30 from the fund.
7-31 (b) May adopt such other regulations as it deems necessary to carry
7-32 out the provisions of this section and sections 8 and 9 of this act.
7-33 Sec. 11. NRS 386.500 is hereby amended to read as follows:
7-34 386.500 For the purposes of NRS 386.500 to 386.610, inclusive, and
7-35 sections 4 to 10, inclusive, of this act, a pupil is “at risk” if he has an
7-36 economic or academic disadvantage such that he requires special services
7-37 and assistance to enable him to succeed in educational programs. The term
7-38 includes, without limitation, pupils who are members of economically
7-39 disadvantaged families, pupils with limited proficiency in the English
7-40 language, pupils who are at risk of dropping out of high school and pupils
7-41 who do not meet minimum standards of academic proficiency. The term
7-42 does not include a pupil with a disability.
7-43 Sec. 12. NRS 386.505 is hereby amended to read as follows:
7-44 386.505 The legislature declares that by authorizing the formation of
7-45 charter schools it is not authorizing:
7-46 1. The [establishment of a charter school as a justification to keep
7-47 open] conversion of an existing public school [that would otherwise be
7-48 closed;] , home school or other program of home study to a charter
7-49 school.
8-1 2. A means for providing financial assistance for private schools or
8-2 programs of home study . [; or] The provisions of this subsection do not
8-3 preclude a private school from ceasing to operate as a private school and
8-4 reopening as a charter school in compliance with the provisions of NRS
8-5 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act.
8-6 3. The formation of charter schools on the basis of a single race,
8-7 religion or ethnicity.
8-8 Sec. 13. NRS 386.515 is hereby amended to read as follows:
8-9 386.515 1. The board of trustees of a school district may apply to the
8-10 department for authorization to sponsor charter schools within the school
8-11 district. An application must be approved by the department before the
8-12 board of trustees may sponsor a charter school. Not more than 180 days
8-13 after receiving approval to sponsor charter schools, the board of trustees
8-14 shall provide public notice of its ability to sponsor charter schools and
8-15 solicit applications for charter schools.
8-16 2. The state board shall sponsor charter schools whose applications
8-17 have been approved by the state board pursuant to NRS 386.525.
8-18 Sec. 14. NRS 386.520 is hereby amended to read as follows:
8-19 386.520 1. A committee to form a charter school must consist of at
8-20 least three teachers, as defined in [NRS 391.311, alone or in combination
8-21 with:
8-22 (a) Ten or more members] subsection 4. In addition to the teachers
8-23 who serve, the committee may consist of:
8-24 (a) Members of the general public;
8-25 (b) Representatives of [an organization devoted to service to the general
8-26 public;
8-27 (c) Representatives of a private business; or
8-28 (d)] nonprofit organizations and businesses; or
8-29 (c) Representatives of a college or university within the University and
8-30 Community College System of Nevada.
8-31 A majority of the persons described in paragraphs (a), (b) and (c) who
8-32 serve on the committee must be residents of this state at the time that the
8-33 application to form the charter school is submitted to the department.
8-34 2. Before a committee to form a charter school may submit an
8-35 application to the board of trustees of a school district, the subcommittee
8-36 on charter schools or the state board, it must submit the application to the
8-37 department. The application must include all information prescribed by the
8-38 department by regulation and:
8-39 (a) A written description of how the charter school will carry out the
8-40 provisions of NRS 386.500 to 386.610, inclusive [.] , and sections 4 to 10,
8-41 inclusive, of this act.
8-42 (b) A written description of the mission and goals for the charter school.
8-43 A charter school must have as its stated purpose at least one of the
8-44 following goals:
8-45 (1) Improving the opportunities for pupils to learn;
8-46 (2) Encouraging the use of effective methods of teaching;
8-47 (3) Providing an accurate measurement of the educational
8-48 achievement of pupils;
8-49 (4) Establishing accountability of public schools;
9-1 (5) Providing a method for public schools to measure achievement
9-2 based upon the performance of the schools; or
9-3 (6) Creating new professional opportunities for teachers.
9-4 (c) The projected enrollment of pupils in the charter school.
9-5 (d) The proposed dates of enrollment for the charter school.
9-6 (e) The proposed system of governance for the charter school,
9-7 including, without limitation, the number of persons who will govern, the
9-8 method of selecting the persons who will govern and the term of office for
9-9 each person.
9-10 (f) The method by which disputes will be resolved between the
9-11 governing body of the charter school and the sponsor of the charter school.
9-12 (g) The proposed curriculum for the charter school [.] and, if applicable
9-13 to the grade level of pupils who are enrolled in the charter school, the
9-14 requirements for the pupils to receive a high school diploma, including,
9-15 without limitation, whether those pupils will satisfy the requirements of
9-16 the school district in which the charter school is located for receipt of a
9-17 high school diploma.
9-18 (h) The textbooks that will be used at the charter school.
9-19 (i) The qualifications of the persons who will provide instruction at the
9-20 charter school.
9-21 (j) Except as otherwise required by NRS 386.595, the process by which
9-22 the governing body of the charter school will negotiate employment
9-23 contracts with the employees of the charter school.
9-24 (k) A financial plan for the operation of the charter school. The plan
9-25 must include, without limitation, procedures for the audit of the programs
9-26 and finances of the charter school and guidelines for determining the
9-27 financial liability if the charter school is unsuccessful.
9-28 (l) A statement of whether the charter school will provide for the
9-29 transportation of pupils to and from the charter school. If the charter school
9-30 will provide transportation, the application must include the proposed plan
9-31 for the transportation of pupils. If the charter school will not provide
9-32 transportation, the application must include a statement that the charter
9-33 school will work with the parents and guardians of pupils enrolled in the
9-34 charter school to develop a plan for transportation to ensure that pupils
9-35 have access to transportation to and from the charter school.
9-36 (m) The procedure for the evaluation of teachers of the charter school, if
9-37 different from the procedure prescribed in NRS 391.3125. If the procedure
9-38 is different from the procedure prescribed in NRS 391.3125, the procedure
9-39 for the evaluation of teachers of the charter school must provide the same
9-40 level of protection and otherwise comply with the standards for evaluation
9-41 set forth in NRS 391.3125.
9-42 (n) The time by which certain academic or educational results will be
9-43 achieved.
9-44 (o) The kind of school, as defined in subsections 1 to 4, inclusive, of
9-45 NRS 388.020, for which the charter school intends to operate.
9-46 3. The department shall review an application to form a charter school
9-47 to determine whether it is complete. If an application proposes to convert
9-48 an existing public school, home school or other program of home study
9-49 into a charter school, the department shall deny the application. The
10-1 department shall provide written notice to the applicant of its approval or
10-2 denial of the application. If the department denies an application, the
10-3 department shall include in the written notice the reason for the denial and
10-4 the deficiencies in the application. The applicant must be granted 30 days
10-5 after receipt of the written notice to correct any deficiencies identified in
10-6 the written notice and resubmit the application.
10-7 4. As used in subsection 1, “teacher” means a person who:
10-8 (a) Holds a current license to teach issued pursuant to chapter 391 of
10-9 NRS; and
10-10 (b) Has at least 2 years of experience as an employed
10-11 teacher.
10-12 The term does not include a person who is employed as a substitute
10-13 teacher.
10-14 Sec. 15. NRS 386.525 is hereby amended to read as follows:
10-15 386.525 1. Upon approval of an application by the department, a
10-16 committee to form a charter school may submit the application to the board
10-17 of trustees of the school district in which the proposed charter school will
10-18 be located. If applicable, a committee may submit an application directly
10-19 to the subcommittee on charter schools pursuant to subsection 4. If the
10-20 board of trustees of a school district receives an application to form a
10-21 charter school, it shall consider the application at [its next] a regularly
10-22 scheduled meeting [, but] that must be held not later than [14] 30 days
10-23 after the receipt of the application, and ensure that notice of the meeting
10-24 has been provided pursuant to chapter 241 of NRS. The board of trustees ,
10-25 the subcommittee on charter schools or the state board, as applicable,
10-26 shall review [the] an application to determine whether the application:
10-27 (a) Complies with NRS 386.500 to 386.610, inclusive, and sections 4 to
10-28 10, inclusive, of this act and the regulations applicable to charter schools;
10-29 and
10-30 (b) Is complete in accordance with the regulations of the department.
10-31 2. The department shall assist the board of trustees of a school district
10-32 in the review of an application. The board of trustees [shall] may approve
10-33 an application if it satisfies the requirements of paragraphs (a) and (b) of
10-34 subsection 1. The board of trustees shall provide written notice to the
10-35 applicant of its approval or denial of the application.
10-36 3. If the board of trustees denies an application, it shall include in the
10-37 written notice the reasons for the denial and the deficiencies in the
10-38 application. The applicant must be granted 30 days after receipt of the
10-39 written notice to correct any deficiencies identified in the written notice
10-40 and resubmit the application.
10-41 4. If the board of trustees denies an application after it has been
10-42 resubmitted pursuant to subsection 3, the applicant may submit a written
10-43 request for sponsorship by the state board to thesubcommittee on charter
10-44 schools created pursuant to NRS 386.507 [,] not more than 30 days after
10-45 receipt of the written notice of denial . [, to direct the board of trustees to
10-46 reconsider the application. The subcommittee shall consider requests for
10-47 reconsideration in the order in which they are received.] If an applicant
10-48 proposes to form a charter school exclusively for the enrollment of pupils
10-49 who receive special education pursuant to NRS 388.440 to 388.520,
11-1 inclusive, the applicant may submit the written request and application
11-2 directly to the subcommittee without first seeking approval from the
11-3 board of trustees of a school district. Any request that is submitted
11-4 pursuant to this subsection must be accompanied by the application to
11-5 form the charter school.
11-6 5. If the subcommittee receives [such a request,] a request pursuant to
11-7 subsection 4, it shall hold a meeting to considerthe request [at its next
11-8 regularly scheduled meeting and ensure that notice] and the application.
11-9 The meeting must be held not later than 30 days after receipt of the
11-10 application. Notice of the meeting [is] must be posted in accordance with
11-11 chapter 241 of NRS. [Not more than 30 days after the meeting, the
11-12 subcommittee shall provide written notice of its determination to the
11-13 applicant and to the board of trustees. If the subcommittee denies the
11-14 request for reconsideration, the applicant may, not more than 30 days after
11-15 the receipt of the written notice from the subcommittee, appeal the
11-16 determination to the district court of the county in which the proposed
11-17 charter school will be located.
11-18 5. If the subcommittee on charter schools grants a request to direct
11-19 reconsideration, the written notice to the board of trustees of the school
11-20 district that denied the application must include, without limitation,
11-21 instructions to the board of trustees concerning the reconsideration of the
11-22 application. Not more than 30 days after receipt of the written notice from
11-23 the subcommittee directing the reconsideration, the board of trustees shall
11-24 reconsider the application in accordance with the instructions of the
11-25 subcommittee, make a final determination on the application and provide
11-26 written notice of the determination to the applicant. If, upon
11-27 reconsideration of the application, the board of trustees] The subcommittee
11-28 shall review the application in accordance with the factors set forth in
11-29 paragraphs (a) and (b) of subsection 1. The subcommittee shall approve
11-30 an application if it satisfies the requirements of paragraphs (a) and (b) of
11-31 subsection 1.
11-32 6. The subcommittee shall transmit the application and the
11-33 recommendation of the subcommittee for approval or denial of the
11-34 application to the state board. Not more than 14 days after the date of the
11-35 meeting of the subcommittee pursuant to subsection 5, the state board
11-36 shall hold a meeting to consider the recommendation of the
11-37 subcommittee. Notice of the meeting must be posted in accordance with
11-38 chapter 241 of NRS. The state board shall review the application in
11-39 accordance with the factors set forth in paragraphs (a) and (b) of
11-40 subsection 1. The state board shall approve an application if it satisfies
11-41 the requirements of paragraphs (a) and (b) of subsection 1. Not more
11-42 than 30 days after the meeting, the state board shall provide written
11-43 notice of its determination to the applicant.
11-44 7. If the state board denies the application, the applicant may, not
11-45 more than 30 days after the receipt of the written notice from the [board of
11-46 trustees,] state board, appeal the final determination to the district court of
11-47 the county in which the proposed charter school will be located.
12-1 Sec. 16. NRS 386.527 is hereby amended to read as follows:
12-2 386.527 1. [Except as otherwise provided in subsection 3, if] If the
12-3 state board or the boardof trustees of a school district approves an
12-4 application to form a charter school, it shall grant a written charter to the
12-5 applicant. The state board or the board of trustees , as applicable, shall,
12-6 not later than 10 days after the approval of the application, provide written
12-7 notice to the department of the approval and the date of the approval. [The]
12-8 If the board of trustees [that] approves the application , the board of
12-9 trustees shall be deemed the sponsor of the charter school. [A] If the state
12-10 board approves the application:
12-11 (a) The state board shall be deemed the sponsor of the charter school.
12-12 (b) Neither the State of Nevada, the state board nor the department is
12-13 an employer of the members of the governing body of the charter school
12-14 or any of the employees of the charter school.
12-15 2. Except as otherwise provided in subsection 4, a written charter
12-16 must be for a term of 6 years unless the governing body of a charter school
12-17 renews its initial charter after 3 years of operation pursuant to subsection 2
12-18 of NRS 386.530. A written charter must include all conditions of operation
12-19 set forth in paragraphs (a) to [(n),]
(o), inclusive, of subsection 2 of NRS
12-20 386.520 [.]
and include the kind of school, as
defined in subsections 1 to
12-21 4, inclusive, of NRS 388.020 for which the charter school is authorized to
12-22 operate. If the state board is the sponsor of the charter school, the written
12-23 charter must set forth the responsibilities of the sponsor and the charter
12-24 school with regard to the provision of services and programs to pupils
12-25 with disabilities who are enrolled in the charter school in accordance
12-26 with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et
12-27 seq., and NRS 388.440 to 388.520, inclusive. As a condition of the
12-28 issuance of a written charter pursuant to this subsection, the charter school
12-29 must agree to comply with all conditions of operation set forth in NRS
12-30 386.550.
12-31 [2.] 3. The governing body of a charter school may submit to the
12-32 sponsor of the charter school a written request for an amendment of the
12-33 written charter of the charter school. Such an amendment may include,
12-34 without limitation, the expansion of instruction and other educational
12-35 services to pupils who are enrolled in grade levels other than the grade
12-36 levels of pupils currently enrolled in the charter school if the expansion
12-37 of grade levels does not change the kind of school, as defined in NRS
12-38 388.020, for which the charter school is authorized to operate. If the
12-39 proposed amendment complies with the provisions of this section, NRS
12-40 386.500 to 386.610, inclusive, and sections 4 to 10, inclusive, of this act,
12-41 and any other statute or regulation applicable to charter schools, the
12-42 sponsor shall amend the written charter in accordance with the proposed
12-43 amendment.
12-44 [3. If the board of trustees of a school district is considering an
12-45 application to form a charter school and determines that the applicant is not
12-46 yet eligible for the issuance of a charter pursuant to subsection 1, it may, if
12-47 applicable, hold the application in abeyance and grant a conditional charter
12-48 to the applicant if the applicant:
13-1 (a) Has not obtained a building, equipment or personnel for the charter
13-2 school; and
13-3 (b) Submits proof satisfactory to the entity which is considering the
13-4 application that acceptance of the application is necessary to obtain the
13-5 building, equipment or personnel for the charter school.
13-6 The board of trustees of a school district that grants a conditional charter
13-7 pursuant to this subsection shall provide written notice to the state board of
13-8 its action.
13-9 4. A conditional charter expires 1 year after its issuance and is
13-10 nonrenewable. The holder of aconditional charter shall not operate a
13-11 charter school and is not eligible to receive any public school money for
13-12 the operation of a charter school. Before the expiration of a conditional
13-13 charter, the holder of the conditional charter may submit a supplemental
13-14 application and request the board of trustees that granted the conditional
13-15 charter to determine whether the holder is eligible for the issuance of a
13-16 charter pursuant to subsection 1. The board of trustees shall consider such a
13-17 request as soon as is practicable.] If a charter school wishes to expand the
13-18 instruction and other educational services offered by the charter school
13-19 to pupils who are enrolled in grade levels other than the grade levels of
13-20 pupils currently enrolled in the charter school and the expansion of
13-21 grade levels changes the kind of school, as defined in NRS 388.020, for
13-22 which the charter school is authorized to operate, the charter school
13-23 must submit a new application to form a charter school.
13-24 4. The state board shall adopt objective criteria for the issuance of a
13-25 written charter to an applicant who is not prepared to commence
13-26 operation on the date of issuance of the written charter. The criteria must
13-27 include, without limitation, the:
13-28 (a) Period for which such a written charter is valid; and
13-29 (b) Timelines by which the applicant must satisfy certain requirements
13-30 demonstrating its progress in preparing to commence
13-31 operation.
13-32 A holder of such a written charter may apply for grants of money to
13-33 prepare the charter school for operation. A written charter issued
13-34 pursuant to this subsection must not be designated as a conditional
13-35 charter or a provisional charter or otherwise contain any other
13-36 designation that would indicate the charter is issued for a temporary
13-37 period.
13-38 5. The holder of a written charter that is issued pursuant to
13-39 subsection 4 shall not commence operation of the charter school and is
13-40 not eligible to receive apportionments pursuant to NRS 387.124 until the
13-41 sponsor has determined that the requirements adopted by the state board
13-42 pursuant to subsection 4 have been satisfied and that the facility the
13-43 charter school will occupy has been inspected and meets the
13-44 requirements of any applicable building codes, codes for the prevention
13-45 of fire, and codes pertaining to safety, health and sanitation. Except as
13-46 otherwise provided in this subsection, the sponsor shall make such a
13-47 determination 30 days before the first day of school for the:
14-1 (a) Schools of the school district in which the charter school is located
14-2 that operate on a traditional school schedule and not a year-round school
14-3 schedule; or
14-4 (b) Charter school,
14-5 whichever date the sponsor selects. The sponsor shall not require a
14-6 charter school to demonstrate compliance with the requirements of this
14-7 subsection more than 30 days before the date selected. However, it may
14-8 authorize a charter school to demonstrate compliance less than 30 days
14-9 before the date selected.
14-10 Sec. 17. NRS 386.540 is hereby amended to read as follows:
14-11 386.540 1. The department shall adopt regulations that prescribe:
14-12 (a) The process for submission of an application by the board of trustees
14-13 of a school district to the department for authorization to sponsor charter
14-14 schools and the contents of the application;
14-15 (b) The process for submission of an application to form a charter
14-16 school to the department [and to] , the board of trustees of a school district
14-17 [,] and the subcommittee on charter schools, and the contents of the
14-18 application;
14-19 (c) The process for submission of an application to renew a written
14-20 charter; and
14-21 (d) The criteria and type of investigation that must be applied by the
14-22 board of trustees , the subcommittee on charter schools and the state
14-23 board in determining whether to approve an application to form a charter
14-24 school or an application to renew a written charter.
14-25 2. The department may adopt regulations as it determines are
14-26 necessary to carry out the provisions of NRS 386.500 to 386.610,
14-27 inclusive, and sections 4 to 10, inclusive, of this act, including, without
14-28 limitation, regulations that prescribe the procedures for accounting,
14-29 budgeting and annual audits of charter schools.
14-30 Sec. 18. NRS 386.549 is hereby amended to read as follows:
14-31 386.549 1. The governing body of a charter school [shall] must
14-32 consist of at least three teachers, as defined in [NRS 391.311,] subsection
14-33 4, and may consist of, without limitation, parents and representatives of
14-34 nonprofit organizations and businesses. A majority of the members of the
14-35 governing body must reside in this state. If the membership of the
14-36 governing body changes, the governing body shall provide written notice
14-37 to the sponsor of the charter school within 10 working days after such
14-38 change. A person may serve on the governing body only if he submits an
14-39 affidavit to the department indicating that the person has not been
14-40 convicted of a felony or any offense involving moral turpitude.
14-41 2. The governing body of a charter school is a public body. It is hereby
14-42 given such reasonable and necessary powers, not conflicting with the
14-43 constitution and the laws of the State of Nevada, as may be requisite to
14-44 attain the ends for which the charter school is established and to promote
14-45 the welfare of pupils who are enrolled in the charter school.
14-46 3. The governing body of a charter school shall, during each
14-47 calendar quarter, hold at least one regularly scheduled public meeting in
14-48 the county in which the charter school is located.
14-49 4. As used in subsection 1, “teacher” means a person who:
15-1 (a) Holds a current license to teach issued pursuant to chapter 391 of
15-2 NRS; and
15-3 (b) Has at least 2 years of experience as an employed
15-4 teacher.
15-5 The term does not include a person who is employed as a substitute
15-6 teacher.
15-7 Sec. 19. NRS 386.550 is hereby amended to read as follows:
15-8 386.550 1. A charter school shall:
15-9 [1.] (a) Comply with all laws and regulations relating to discrimination
15-10 and civil rights.
15-11 [2.] (b) Remain nonsectarian, including, without limitation, in its
15-12 educational programs, policies for admission and employment practices.
15-13 [3.] (c) Refrain from charging tuition or fees, levying taxes or issuing
15-14 bonds.
15-15 [4.] (d) Comply with any plan for desegregation ordered by a court that
15-16 is in effect in the school district in which the charter school is located.
15-17 [5.] (e) Comply with the provisions of chapter 241 of NRS.
15-18 [6.] (f) Except as otherwise provided in this [subsection,] paragraph,
15-19 schedule and provide annually at least as many days of instruction as are
15-20 required of other public schools located in the same school district as the
15-21 charter school is located. The governing body of a charter school may
15-22 submit a written request to the superintendent of public instruction for a
15-23 waiver from providing the days of instruction required by this [subsection.]
15-24 paragraph. The superintendent of public instruction may grant such a
15-25 request if the governing body demonstrates to the satisfaction of the
15-26 superintendent that:
15-27 [(a)] (1) Extenuating circumstances exist to justify the waiver; and
15-28 [(b)] (2) The charter school will provide at least as many hours or
15-29 minutes of instruction as would be provided under a program consisting of
15-30 180 days.
15-31 [7.] (g) Cooperate with the board of trustees of the school district in the
15-32 administration of the achievement and proficiency examinations
15-33 administered pursuant to NRS 389.015 and the examinations required
15-34 pursuant to NRS 389.550 to the pupils who are enrolled in the charter
15-35 school.
15-36 [8.] (h) Comply with applicable statutes and regulations governing the
15-37 achievement and proficiency of pupils in this state.
15-38 [9.] (i) Provide instruction in the core academic subjects set forth in
15-39 subsection 1 of NRS 389.018, as applicable for the grade levels of pupils
15-40 who are enrolled in the charter school, and provide at least the courses of
15-41 [instruction] study that are required of pupils by statute or regulation for
15-42 promotion to the next grade or graduation from a public high school and
15-43 require the pupils who are enrolled in the charter school to take those
15-44 courses of study. This [subsection] paragraph does not preclude a charter
15-45 school from offering, or requiring the pupils who are enrolled in the charter
15-46 school to take, other courses of study that are required by statute or
15-47 regulation.
15-48 [10.] (j) If the parent or legal guardian of a child submits an
15-49 application to enroll in kindergarten, first grade or second grade at the
16-1 charter school, comply with NRS 392.040 regarding the ages for
16-2 enrollment in those grades.
16-3 (k) Refrain from using public money to purchase real property or
16-4 buildings without the approval of the sponsor.
16-5 [11.] (l) Hold harmless, indemnify and defend the sponsor of the
16-6 charter school against any claim or liability arising from an act or omission
16-7 by the governing body of the charter school or an employee or officer of
16-8 the charter school. An action at law may not be maintained against the
16-9 sponsor of a charter school for any cause of action for which the charter
16-10 school has obtained liability insurance.
16-11 [12.] (m) Provide written notice to the parents or legal guardians of
16-12 pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of
16-13 whether the charter school is accredited by the Commission on Schools of
16-14 the Northwest Association of Schools and Colleges.
16-15 [13.] (n) Adopt a final budget in accordance with the regulations
16-16 adopted by the department. A charter school is not required to adopt a final
16-17 budget pursuant to NRS 354.598 or otherwise comply with the provisions
16-18 of chapter 354 of NRS.
16-19 (o) If the charter school provides a program of distance education
16-20 pursuant to sections 35 to 49, inclusive, of this act, comply with all
16-21 statutes and regulations that are applicable to a program of distance
16-22 education for purposes of the operation of the program.
16-23 2. A charter school shall not provide instruction through a
16-24 program of distance education to children who are exempt from
16-25 compulsory attendance authorized by the state board pursuant to
16-26 subsection 1 of NRS 392.070. As used in this subsection, “distance
16-27 education” has the meaning ascribed to it in section 37 of this act.
16-28 Sec. 20. NRS 386.560 is hereby amended to read as follows:
16-29 386.560 1. The governing body of a charter school may contract with
16-30 the board of trustees of the school district in which the charter school is
16-31 located or the University and Community College System of Nevada for
16-32 the provision of facilities to operate the charter school or to perform any
16-33 service relating to the operation of the charter school, including, without
16-34 limitation, transportation and the provision of health services for the pupils
16-35 who are enrolled in the charter school.
16-36 2. A charter school may use any public facility located within the
16-37 school district in which the charter school is located. A charter school may
16-38 use school buildings owned by the school district only upon approval of the
16-39 board of trustees of the school district and during times that are not regular
16-40 school hours.
16-41 3. The board of trustees of a school district may donate surplus
16-42 personal property of the school district to a charter school that is located
16-43 within the school district.
16-44 4. [Upon] Except as otherwise provided in this subsection, upon the
16-45 request of a parent or legal guardian of a pupil who is enrolled in a charter
16-46 school, the board of trustees of the school district in which the charter
16-47 school is located shall authorize the pupil to participate in a class that is not
16-48 available to the pupil at the charter school or participate in an
17-1 extracurricular activity, excluding sports, at a public school within the
17-2 school district if:
17-3 (a) Space for the pupil in the class or extracurricular activity is
17-4 available; and
17-5 (b) The parent or legal guardian demonstrates to the satisfaction of the
17-6 board of trustees that the pupil is qualified to participate in the class or
17-7 extracurricular activity.
17-8 If the board of trustees of a school district authorizes a pupil to participate
17-9 in a class or extracurricular activity, excluding sports, pursuant to this
17-10 subsection, the board of trustees is not required to provide transportation
17-11 for the pupil to attend the class or activity. The provisions of this
17-12 subsection do not apply to a pupil who is enrolled in a charter school and
17-13 who desires to participate on a part-time basis in a program of distance
17-14 education provided by the board of trustees of a school district pursuant
17-15 to sections 35 to 49, inclusive, of this act. Such a pupil must comply with
17-16 section 45 of this act.
17-17 5. Upon the request of a parent or legal guardian of a pupil who is
17-18 enrolled in a charter school, the board of trustees of the school district in
17-19 which the charter school is located shall authorize the pupil to participate in
17-20 sports at the public school that he would otherwise be required to attend
17-21 within the school district, or upon approval of the board of trustees, any
17-22 public school within the same zone of attendance as the charter school if:
17-23 (a) Space is available for the pupil to participate; and
17-24 (b) The parent or legal guardian demonstrates to the satisfaction of the
17-25 board of trustees that the pupil is qualified to participate.
17-26 If the board of trustees of a school district authorizes a pupil to participate
17-27 in sports pursuant to this subsection, the board of trustees is not required to
17-28 provide transportation for the pupil to participate.
17-29 6. The board of trustees of a school district may revoke its approval for
17-30 a pupil to participate in a class, extracurricular activity or sports at a public
17-31 school pursuant to subsections 4 and 5 if the board of trustees or the public
17-32 school determines that the pupil has failed to comply with applicable
17-33 statutes, or applicable rules and regulations of the board of trustees, the
17-34 public school or an association for interscholastic activities. If the board of
17-35 trustees so revokes its approval, neither the board of trustees nor the public
17-36 school are liable for any damages relating to the denial of services to the
17-37 pupil.
17-38 Sec. 21. NRS 386.570 is hereby amended to read as follows:
17-39 386.570 1. Each pupil who is enrolled in a charter school, including,
17-40 without limitation, a pupil who is enrolled in a program of special
17-41 education in a charter school, must be included in the count of pupils in the
17-42 school district for the purposes of apportionments and allowances from the
17-43 state distributive school account pursuant to NRS 387.121 to 387.126,
17-44 inclusive, unless the pupil is exempt from compulsory attendance pursuant
17-45 to NRS 392.070. A charter school is entitled to receive its proportionate
17-46 share of any other money available from federal, state or local sources that
17-47 the school or the pupils who are enrolled in the school are eligible to
17-48 receive. If a charter school receives special education program units
17-49 directly from this state, the amount of money for special education that
18-1 the school district pays to the charter school may be reduced
18-2 proportionately by the amount of money the charter school received from
18-3 this state for that purpose.
18-4 2. All money received by the charter school from this state or from
18-5 the board of trustees of a school district must be deposited in a bank,
18-6 credit union or other financial institution in this state. The governing
18-7 body of a charter school may negotiate with the board of trustees of the
18-8 school district and the state board for additional money to pay for services
18-9 which the governing body wishes to offer.
18-10 3. Upon completion of a school year, the sponsor of a charter school
18-11 may request reimbursement from the governing body of the charter
18-12 school for the administrative costs associated with sponsorship for that
18-13 school year if the sponsor provided administrative services during that
18-14 school year. Upon receipt of such a request, the governing body shall pay
18-15 the reimbursement to the board of trustees of the school district, if the
18-16 board of trustees sponsors the charter school, or to the department if the
18-17 state board sponsors the charter school. If a governing body fails to pay
18-18 the reimbursement, the charter school shall be deemed to have violated
18-19 its written charter and the sponsor may take such action to revoke the
18-20 written charter pursuant to NRS 386.535 as it deems necessary. The
18-21 amount of reimbursement that a charter school may be required to pay
18-22 pursuant to this subsection must not exceed:
18-23 (a) For the first year of operation of the charter school, 2 percent of
18-24 the total amount of money apportioned to the charter school during the
18-25 year pursuant to NRS 387.124.
18-26 (b) For any year after the first year of operation of the charter school,
18-27 1 percent of the total amount of money apportioned to the charter school
18-28 during the year pursuant to NRS 387.124.
18-29 4. To determine the amount of money for distribution to a charter
18-30 school in its first year of operation, the count of pupils who are enrolled in
18-31 the charter school must initially be determined 30 days before the
18-32 beginning of the school year of the school district, based on the number of
18-33 pupils whose applications for enrollment have been approved by the
18-34 charter school. The count of pupils who are enrolled in the charter school
18-35 must be revised on the last day of the first school month of the school
18-36 district in which the charter school is located for the school year, based on
18-37 the actual number of pupils who are enrolled in the charter school.
18-38 Pursuant to subsection [2] 5of NRS 387.124, the governing body of a
18-39 charter school may request that the apportionments made to the charter
18-40 school in its first year of operation be paid to the charter school 30 days
18-41 before the apportionments are otherwise required to be made.
18-42 [4.] 5. If a charter school ceases to operate as a charter school
18-43 during a school year, the remaining apportionments that would have
18-44 been made to the charter school pursuant to NRS 387.124 for that year
18-45 must be paid on a proportionate basis to the school districts where the
18-46 pupils who were enrolled in the charter school reside.
18-47 6. The governing body of a charter school may solicit and accept
18-48 donations, money, grants, property, loans, personal services or other
18-49 assistance for purposes relating to education from members of the general
19-1 public, corporations or agencies. The governing body may comply with
19-2 applicable federal laws and regulations governing the provision of federal
19-3 grants for charter schools.
19-4 [5.] The state board may assist a charter school that operates
19-5 exclusively for the enrollment of pupils who receive special education in
19-6 identifying sources of money that may be available from the Federal
19-7 Government or this state for the provision of educational programs and
19-8 services to such pupils.
19-9 7. If a charter school uses money received from this state to purchase
19-10 real property, buildings, equipment or facilities, the governing body of the
19-11 charter school shall assign a security interest in the property, buildings,
19-12 equipment and facilities to the State of Nevada.
19-13 Sec. 22. NRS 386.580 is hereby amended to read as follows:
19-14 386.580 1. An application for enrollment in a charter school may be
19-15 submitted to the governing body of the charter school by the parent or legal
19-16 guardian of any child who resides in this state. Except as otherwise
19-17 provided in this subsection, a charter school shall enroll pupils who are
19-18 eligible for enrollment in the order in which the applications are received.
19-19 If the board of trustees of the school district in which the charter school is
19-20 located has established zones of attendance pursuant to NRS 388.040, the
19-21 charter school shall, if practicable, ensure that the racial composition of
19-22 pupils enrolled in the charter school does not differ by more than 10
19-23 percent from the racial composition of pupils who attend public schools in
19-24 the zone in which the charter school is located. If more pupils who are
19-25 eligible for enrollment apply for enrollment in the charter school than the
19-26 number of spaces which are available, the charter school shall determine
19-27 which applicants to enroll on the basis of a lottery system.
19-28 2. Except as otherwise provided in subsection [4,] 6, a charter school
19-29 shall not accept applications for enrollment in the charter school or
19-30 otherwise discriminate based on the:
19-31 (a) Race;
19-32 (b) Gender;
19-33 (c) Religion;
19-34 (d) Ethnicity; or
19-35 (e) Disability,
19-36 of a pupil.
19-37 3. If the governing body of a charter school determines that the charter
19-38 school is unable to provide an appropriate special education program and
19-39 related services for a particular disability of a pupil who is enrolled in the
19-40 charter school, the governing body may request that the board of trustees of
19-41 the school district of the county in which the pupil resides transfer that
19-42 pupil to an appropriate school.
19-43 4. Except as otherwise provided in this subsection, upon the request
19-44 of a parent or legal guardian of a child who is enrolled in a public school
19-45 of a school district or a private school, or who receives instruction at
19-46 home, the governing body of the charter school shall authorize the child
19-47 to participate in a class that is not otherwise available to the child at his
19-48 school or home school or participate in an extracurricular activity at the
19-49 charter school if:
20-1 (a) Space for the child in the class or extracurricular activity is
20-2 available; and
20-3 (b) The parent or legal guardian demonstrates to the satisfaction of
20-4 the governing body that the child is qualified to participate in the class or
20-5 extracurricular activity.
20-6 If the governing body of a charter school authorizes a child to participate
20-7 in a class or extracurricular activity pursuant to this subsection, the
20-8 governing body is not required to provide transportation for the child to
20-9 attend the class or activity. A charter school shall not authorize such a
20-10 child to participate in a class or activity through a program of distance
20-11 education provided by the charter school pursuant to sections 35 to 49,
20-12 inclusive, of this act.
20-13 5. The governing body of a charter school may revoke its approval
20-14 for a child to participate in a class or extracurricular activity at a charter
20-15 school pursuant to subsection 4 if the governing body determines that the
20-16 child has failed to comply with applicable statutes, or applicable rules
20-17 and regulations. If the governing body so revokes its approval, neither
20-18 the governing body nor the charter school is liable for any damages
20-19 relating to the denial of services to the child.
20-20 6. This section does not preclude the formation of a charter school that
20-21 is dedicated to provide educational services exclusively to pupils:
20-22 (a) With disabilities;
20-23 (b) Who pose such severe disciplinary problems that they warrant an
20-24 educational program specifically designed to serve a single gender and
20-25 emphasize personal responsibility and rehabilitation; or
20-26 (c) Who are at risk.
20-27 If more eligible pupils apply for enrollment in such a charter school than
20-28 the number of spaces which are available, the charter school shall
20-29 determine which applicants to enroll on the basis of a lottery system.
20-30 Sec. 23. NRS 386.590 is hereby amended to read as follows:
20-31 386.590 1. Except as otherwise provided in this subsection, at least
20-32 70 percent of the teachers who provide instruction at a charter school must
20-33 be licensed teachers. If a charter school is a vocational school, the charter
20-34 school shall, to the extent practicable, ensure that at least 70 percent of the
20-35 teachers who provide instruction at the school are licensed teachers, but in
20-36 no event may more than 50 percent of the teachers who provide instruction
20-37 at the school be unlicensed teachers.
20-38 2. A governing body of a charter school shall employ:
20-39 (a) If the charter school offers instruction in kindergarten or grade 1, 2,
20-40 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those
20-41 grades.
20-42 (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or
20-43 12, a licensed teacher to teach pupils who are enrolled in those grades for
20-44 the following courses of study:
20-45 (1) English, including reading, composition and writing;
20-46 (2) Mathematics;
20-47 (3) Science; and
20-48 (4) Social studies, which includes only the subjects of history,
20-49 geography, economics and government.
21-1 (c) In addition to the requirements of paragraphs (a) and (b):
21-2 (1) If a charter school specializes in arts and humanities, physical
21-3 education or health education, a licensed teacher to teach those courses of
21-4 study.
21-5 (2) If a charter school specializes in the construction industry or other
21-6 building industry, licensed teachers to teach courses of study relating to the
21-7 industry if those teachers are employed full time.
21-8 (3) If a charter school specializes in the construction industry or other
21-9 building industry and the school offers courses of study in computer
21-10 education, technology or business, licensed teachers to teach those courses
21-11 of study if those teachers are employed full time.
21-12 3. A charter school may employ a person who is not licensed pursuant
21-13 to the provisions of chapter 391 of NRS to teach a course of study for
21-14 which a licensed teacher is not required pursuant to subsection 2 if the
21-15 person has:
21-16 (a) A degree, a license or a certificate in the field for which he is
21-17 employed to teach at the charter school; and
21-18 (b) At least 2 years of experience in that field.
21-19 4. A charter school may employ such administrators for the school as
21-20 it deems necessary. A person employed as an administrator must possess:
21-21 (a) A master’s degree in school administration, public administration or
21-22 business administration; or
21-23 (b) If the person has at least 5 years of experience in administration, a
21-24 baccalaureate degree.
21-25 5. A charter school shall not employ a person pursuant to this section if
21-26 his license to teach or provide other educational services has been revoked
21-27 or suspended in this state or another state.
21-28 6. On or before November 15 of each year, a charter school shall
21-29 submit to the department, in a format prescribed by the superintendent of
21-30 public instruction, the following information for each licensed employee
21-31 who is employed by the governing body on October 1 of that year:
21-32 (a) The amount of salary of the employee; and
21-33 (b) The designated assignment, as that term is defined by the
21-34 department, of the employee.
21-35 Sec. 24. NRS 386.595 is hereby amended to read as follows:
21-36 386.595 1. All employees of a charter school shall be deemed
21-37 public employees.
21-38 2. Except as otherwise provided in this subsection , [and subsections 2
21-39 and 3,] theprovisions of the collective bargaining agreement entered into
21-40 by the board of trustees of the school district in which the charter school is
21-41 located apply to the terms and conditions of employment of employees of
21-42 the charter school [. If a written charter is renewed, the employees of the
21-43 charter school may, at the time of
renewal, apply for recognition as a
21-44 bargaining unit pursuant to NRS
288.160.
21-45 2.
A charter school is exempt from the
specific provisions of the
21-46 collective bargaining agreement
that controls the:
21-47 (a)
Periods of preparation time for teachers, provided that the charter
21-48 school allows at least the same
amount of time for preparation as the
21-49 school district;
22-1 (b)
Times of day that a teacher may work;
22-2 (c)
Number of hours that a teacher may work in 1 day;
22-3 (d)
Number of hours and days that a teacher may work in 1 week; and
22-4 (e)
Number of hours and days that a teacher may work in
22-5 1 year.
22-6 If a teacher works more than the
number of hours or days prescribed in the
22-7 collective bargaining agreement,
the teacher must be compensated for the
22-8 additional hours or days in an
amount calculated by prorating the salary for
22-9 the teacher that is set forth in
the collective bargaining agreement.
22-10 3.
A teacher or a governing body of a
charter school may request that
22-11 the board of trustees of the school
district and other persons who entered
22-12 into the collective bargaining
agreement grant a waiver from specific
22-13 provisions of the collective
bargaining agreement for the teacher or
22-14 governing body.
22-15 4.
All employees of a
charter school shall be deemed public
22-16 employees.
22-17 5. The] who are on a leave of absence from the school district
22-18 pursuant to subsection 5, including, without limitation, any provisions
22-19 relating to representation by the employee organization that is a party to
22-20 the collective bargaining agreement of the school district in a grievance
22-21 proceeding or other dispute arising out of the agreement. The provisions
22-22 of the collective bargaining agreement apply to each employee for the
22-23 first 3 years that he is on a leave of absence from the school district.
22-24 After the first 3 years that the employee is on a leave of absence:
22-25 (a) If he is subsequently reassigned by the school district pursuant to
22-26 subsection 5, he is covered by the collective bargaining agreement of the
22-27 school district.
22-28 (b) If he continues his employment with the charter school, he is
22-29 covered by the collective bargaining agreement of the charter school, if
22-30 applicable.
22-31 3. Except as otherwise provided in subsection 2, the governing body
22-32 of a charter school may make all employment decisions with regard to its
22-33 employees pursuant to NRS 391.311 to 391.3197, inclusive, unless [the
22-34 applicable] a collective bargaining agreement entered into by the
22-35 governing body pursuant to chapter 288 of NRS contains separate
22-36 provisions relating to the discipline of licensed employees of a school.
22-37 [6.] 4. If the written charter of a charter school is revoked,the
22-38 employees of the charter school must be reassigned to employment within
22-39 the school district in accordance with the collective bargaining agreement.
22-40 5. The board of trustees of a school district that is a sponsor of a
22-41 charter school shall grant a leave of absence, not to exceed 6 years, to any
22-42 employee who is employed by the board of trustees who requests such a
22-43 leave of absence to accept employment with the charter school. After the
22-44 first school year in which an employee is on a leave of absence, he may
22-45 return to his former teaching position with the board of trustees. After the
22-46 third school year, an employee who is on a leave of absence may submit a
22-47 written request to the board of trustees to return to a comparable teaching
22-48 position with the board of trustees. After the sixth school year, an
22-49 employee shall either submit a written request to return to a comparable
23-1 teaching position or resign from the position for which his leave was
23-2 granted. The board of trustees shall grant a written request to return to a
23-3 comparable position pursuant to this subsection even if the return of the
23-4 employee requires the board of trustees to reduce the existing work force of
23-5 the school district. The board of trustees may require that a request to
23-6 return to a teaching position submitted pursuant to this subsection be
23-7 submitted at least 90 days before the employee would otherwise be
23-8 required to report to duty.
23-9 [8.] 6. An employee who is on a leave of absence from a school
23-10 district pursuant to this section shall contribute to and be eligible for all
23-11 benefits for which he would otherwise be entitled, including, without
23-12 limitation, participation in the public employees’ retirement system and
23-13 accrual of time for the purposes of leave and retirement. The time during
23-14 which such an employee is on leave of absence and employed in a charter
23-15 school does not count toward the acquisition of permanent status with the
23-16 school district.
23-17 [9.] 7. Upon the return of a teacher to employment in the school
23-18 district, he is entitled to the same level of retirement, salary and any other
23-19 benefits to which he would otherwise be entitled if he had not taken a leave
23-20 of absence to teach in a charter school.
23-21 [10.] 8. An employee of a charter school who is not on a leave of
23-22 absence from a school district is eligible for all benefits for which he would
23-23 be eligible for employment in a public school, including, without
23-24 limitation, participation in the public employees’ retirement system.
23-25 [11.] 9. For all employees of a charter school:
23-26 (a) The compensation that a teacher or other school employee would
23-27 have received if he were employed by the school district must be used to
23-28 determine the appropriate levels of contribution required of the employee
23-29 and employer for purposes of the public employees’ retirement system.
23-30 (b) The compensation that is paid to a teacher or other school employee
23-31 that exceeds the compensation that he would have received if he were
23-32 employed by the school district must not be included for the purposes of
23-33 calculating future retirement benefits of the employee.
23-34 [12.] 10. If the board of trustees of a school district in which a charter
23-35 school is located manages a plan of group insurance for its employees, the
23-36 governing body of the charter school may negotiate with the board of
23-37 trustees to participate in the same plan of group insurance that the board of
23-38 trustees offers to its employees. If the employees of the charter school
23-39 participate in the plan of group insurance managed by the board of trustees,
23-40 the governing body of the charter school shall:
23-41 (a) Ensure that the premiums for that insurance are paid to the board of
23-42 trustees; and
23-43 (b) Provide, upon the request of the board of trustees, all information
23-44 that is necessary for the board of trustees to provide the group insurance to
23-45 the employees of the charter school.
23-46 Sec. 25. NRS 386.605 is hereby amended to read as follows:
23-47 386.605 1. On or before January 1of each year, the governing body
23-48 of each charter school shall submit the information concerning the charter
23-49 school that is required pursuant to subsection 2 of NRS 385.347 to the
24-1 board of trustees of the school district in which the charter school is
24-2 located, regardless of the sponsor of the charter school, for inclusion in
24-3 the report of the school district pursuant to that section. The information
24-4 must be submitted by the charter school in a format prescribed by the board
24-5 of trustees.
24-6 2. On or before April 15 of each year, the governing body of each
24-7 charter school shall submit the information applicable to the charter school
24-8 that is contained in the report pursuant to paragraph (t) of subsection 2 of
24-9 NRS 385.347 to the commission on educational technology created
24-10 pursuant to NRS 388.790.
24-11 3. On or before June 15 of each year, the governing body of each
24-12 charter school shall prepare a:
24-13 (a) Separate written report summarizing the effectiveness of the charter
24-14 school’s program of accountability. The report must include:
24-15 (1)A review and analysis of the data upon which the report required
24-16 pursuant to subsection 2 of NRS 385.347 is based and a review and
24-17 analysis of any data that is more recent than the data upon which the report
24-18 is based;
24-19 (2)The identification of any problems or factors at the charter school
24-20 that are revealed by the review and analysis; and
24-21 (3) A summary of the efforts that the governing body has made or
24-22 intends to make to ensure that the teachers and other educational personnel
24-23 employed by the governing body receive training and other professional
24-24 development in:
24-25 (I) The standards of content and performance established by the
24-26 council to establish academic standards for public schools pursuant to NRS
24-27 389.520;
24-28 (II) The assessment and measurement of pupil achievement and the
24-29 effective methods to analyze the test results and scores of pupils to improve
24-30 the achievement and proficiency of pupils; and
24-31 (III) Specific content areas to enable the teachers and other
24-32 educational personnel to provide a higher level of instruction in their
24-33 respective fields of teaching.
24-34 (b) Written procedure to improve the achievement of pupils who are
24-35 enrolled in the charter school, including, but not limited to, a description of
24-36 the efforts the governing body has made to correct any deficiencies
24-37 identified in the written report required pursuant to paragraph (a).The
24-38 written procedure must describe sources of data that will be used by the
24-39 governing body to evaluate the effectiveness of the written procedure.
24-40 4. On or before June 15 of each year, the governing body of each
24-41 charter school shall submit copies of the written report and written
24-42 procedure required pursuant to subsection 3to the:
24-43 (a) Governor;
24-44 (b)State board;
24-45 (c) Department;
24-46 (d)Legislative committee on education created pursuant to NRS
24-47 218.5352;
24-48 (e)Legislative bureau of educational accountability and program
24-49 evaluation created pursuant to NRS 218.5356; and
25-1 (f) Board of trustees of the school district in which the charter school is
25-2 located.
25-3 5. The department shall maintain a record of the information that it
25-4 receives from each charter school pursuant to this section in such a manner
25-5 as will allow the department to create for each charter school a yearly
25-6 profile of information.
25-7 6. The governing body of each charter school shall ensure that a copy
25-8 of the written report and written procedure required pursuant to subsection
25-9 3 is included with the final budget of the charter school adopted by the
25-10 governing body of the charter school pursuant to the regulations of the
25-11 department.
25-12 7. The legislative bureau of educational accountability and program
25-13 evaluation created pursuant to NRS 218.5356 may authorize a person or
25-14 entity with whom it contracts pursuant to NRS 385.359 to review and
25-15 analyze information submitted by charter schools pursuant to this section,
25-16 consult with the governing bodies of charter schools and submit written
25-17 reports concerning charter schools pursuant to NRS 385.359.
25-18 Sec. 26. NRS 386.610 is hereby amended to read as follows:
25-19 386.610 1. On or before July 1 of each year, if the board of trustees
25-20 of a school district [that] sponsors a charter school , the board of trustees
25-21 shall submit a written report to the state board. The written report must
25-22 include an evaluation of the progress of each charter school sponsored by
25-23 the board of trustees in achieving its educational goals and objectives.
25-24 2. The governing body of a charter school shall, after 3 years of
25-25 operation under its initial charter, submit a written report to the [board of
25-26 trustees of the school district that is the] sponsor of the charter school. The
25-27 written report must include a description of the progress of the charter
25-28 school in achieving its educational goals and objectives. If the charter
25-29 school submits an application for renewal in accordance with the
25-30 regulations of the department, the [board of trustees] sponsor may renew
25-31 the written charter of the school pursuant to subsection 2 of NRS 386.530.
25-32 Sec. 27. NRS 386.650 is hereby amended to read as follows:
25-33 386.650 1. The department shall establish and maintain a statewide
25-34 automated system of information concerning pupils. The system must be
25-35 designed to improve the ability of the department, school districts and the
25-36 public schools in this state , including, without limitation, charter schools,
25-37 to account for the pupils who are enrolled in the public schools[.] ,
25-38 including, without limitation, charter schools.
25-39 2. The board of trustees of each school district shall:
25-40 (a) Adopt and maintain the program for the collection, maintenance and
25-41 transfer of data from the records of individual pupils to the statewide
25-42 automated system of information, including, without limitation, the
25-43 development of plans for the educational technology which is necessary to
25-44 adopt and maintain the program;
25-45 (b) Provide to the department electronic data concerning pupils as
25-46 required by the superintendent of public instruction pursuant to subsection
25-47 3; and
25-48 (c) Ensure that an electronic record is maintained in accordance with
25-49 subsection 3 of NRS 386.655.
26-1 3. The superintendent of public instruction shall:
26-2 (a) Prescribe the data to be collected and reported to the department by
26-3 each school district pursuant to subsection 2[;] , including, without
26-4 limitation, data relating to each charter school located within a school
26-5 district regardless of the sponsor of the charter school;
26-6 (b) Prescribe the format for the data;
26-7 (c) Prescribe the date by which each school district shall report the data;
26-8 (d) Prescribe the date by which each charter school located within a
26-9 school district shall report the data to the school district for incorporation
26-10 into the report of the school district, regardless of the sponsor of the
26-11 charter school;
26-12 (e) Provide technical assistance to each school district to ensure that the
26-13 data from each public school in the school district , including, without
26-14 limitation, each charter school located within the school district, is
26-15 compatible with the statewide automated system of information and
26-16 comparable to the data reported by other school districts; and
26-17 [(e)] (f) Provide for the analysis and reporting of the data in the
26-18 statewide automated system of information.
26-19 Sec. 28. NRS 386.655 is hereby amended to read as follows:
26-20 386.655 1. The department, the school districts and the public
26-21 schools , including, without limitation, charter schools, shall, in operating
26-22 the statewide automated system of information established pursuant to
26-23 NRS 386.650, comply with the provisions of:
26-24 (a) For all pupils, the Family Educational Rights and Privacy Act, 20
26-25 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
26-26 (b) For pupils with disabilities who are enrolled in programs of special
26-27 education, the provisions governing access to education records and
26-28 confidentiality of information prescribed in the Individuals with
26-29 Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations
26-30 adopted pursuant thereto.
26-31 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other
26-32 applicable federal law, a public school , including, without limitation, a
26-33 charter school, shall not release the education records of a pupil to a
26-34 person or an agency of a federal, state or local government without the
26-35 written consent of the parent or legal guardian of the pupil.
26-36 3. In addition to the record required pursuant to 20 U.S.C. §
26-37 1232g(b)(4)(A), each school district shall maintain within the statewide
26-38 automated system of information an electronic record of all persons and
26-39 agencies who have requested the education record of a pupil or obtained
26-40 access to the education record of a pupil, or both, pursuant to 20 U.S.C. §
26-41 1232g. The electronic record must be maintained and may only be
26-42 disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A
26-43 charter school shall provide to the school district in which the charter
26-44 school is located such information as is necessary for the school district
26-45 to carry out the provisions of this subsection, regardless of the sponsor of
26-46 the charter school.
26-47 4. The right accorded to a parent or legal guardian of a pupil pursuant
26-48 to subsection 2 devolves upon the pupil on the date on which he attains the
26-49 age of 18 years.
27-1 5. As used in this section, unless the context otherwise requires,
27-2 “education records” has the meaning ascribed to it in 20 U.S.C. §
27-3 1232g(a)(4).
27-4 Sec. 29. NRS 387.123 is hereby amended to read as follows:
27-5 387.123 1. The count of pupils for apportionment purposes includes
27-6 all pupils who are enrolled in programs of instruction of the school district ,
27-7 including, without limitation, a program of distance education provided
27-8 by the school district, or pupils who reside in the county in which the
27-9 school district is located and are enrolled in any charter school , including,
27-10 without limitation, a program of distance education provided by a charter
27-11 school, for:
27-12 (a) Pupils in the kindergarten department.
27-13 (b) Pupils in grades 1 to 12, inclusive.
27-14 (c) Pupils not included under paragraph (a) or (b) who are receiving
27-15 special education pursuant to the provisions of NRS 388.440 to 388.520,
27-16 inclusive.
27-17 (d) Pupils who reside in the county and are enrolled part time in a
27-18 program of distance education if an agreement is filed with the
27-19 superintendent of public instruction pursuant to section 44 or 45 of this
27-20 act, as applicable.
27-21 (e) Children detained in detention homes, alternative programs and
27-22 juvenile forestry camps receiving instruction pursuant to the provisions of
27-23 NRS 388.550, 388.560 and 388.570.
27-24 [(e)] (f) Pupils who are enrolled in classes pursuant to subsection 4 of
27-25 NRS 386.560 [.
27-26 (f)] and pupils who are enrolled in classes pursuant to subsection 4 of
27-27 NRS 386.580.
27-28 (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS
27-29 392.070.
27-30 [(g)] (h) Pupils who are enrolled in classes and taking courses
27-31 necessary to receive a high school diploma, excluding those pupils who are
27-32 included in paragraphs [(e) and (f).] (d), (f) and (g).
27-33 2. The state board shall establish uniform regulations for counting
27-34 enrollment and calculating the average daily attendance of pupils. In
27-35 establishing such regulations for the public schools, the state board:
27-36 (a) Shall divide the school year into 10 school months, each containing
27-37 20 or fewer school days.
27-38 (b) May divide the pupils in grades 1 to 12, inclusive, into categories
27-39 composed respectively of those enrolled in elementary schools and those
27-40 enrolled in secondary schools.
27-41 (c) Shall prohibit the counting of any pupil specified in subsection 1
27-42 more than once.
27-43 3. Except as otherwise provided in subsection 4 and NRS 388.700, the
27-44 state board shall establish by regulation the maximum pupil-teacher ratio in
27-45 each grade, and for each subject matter wherever different subjects are
27-46 taught in separate classes, for each school district of this state which is
27-47 consistent with:
27-48 (a) The maintenance of an acceptable standard of instruction;
28-1 (b) The conditions prevailing in the school district with respect to the
28-2 number and distribution of pupils in each grade; and
28-3 (c) Methods of instruction used, which may include
28-4 educational television, team teaching or new teaching systems or
28-5 techniques.
28-6 If the superintendent of public instruction finds that any school district is
28-7 maintaining one or more classes whose pupil-teacher ratio exceeds the
28-8 applicable maximum, and unless he finds that the board of trustees of the
28-9 school district has made every reasonable effort in good faith to comply
28-10 with the applicable standard, he shall, with the approval of the state board,
28-11 reduce the count of pupils for apportionment purposes by the percentage
28-12 which the number of pupils attending those classes is of the total number of
28-13 pupils in the district, and the state board may direct him to withhold the
28-14 quarterly apportionment entirely.
28-15 4. [A] The provisions of subsection 3 do not apply to a charter school
28-16 [is not required to comply with the pupil-teacher ratio prescribed by the
28-17 state board pursuant to subsection 3.] or a program of distance education
28-18 provided pursuant to sections 35 to 49, inclusive, of this act.
28-19 Sec. 30. NRS 387.1233 is hereby amended to read as follows:
28-20 387.1233 1. Except as otherwise provided in subsection 2, basic
28-21 support of each school district must be computed by:
28-22 (a) Multiplying the basic support guarantee per pupil established for that
28-23 school district for that school year by the sum of:
28-24 (1) Six-tenths the count of pupils enrolled in the kindergarten
28-25 department on the last day of the first school month of the school district
28-26 for the school year, including, without limitation, the count of pupils who
28-27 reside in the county and are enrolled in any charter school on the last day
28-28 of the first school month of the school district for the school year.
28-29 (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the
28-30 last day of the first school month of the school district for the school year,
28-31 including, without limitation, the count of pupils who reside in the county
28-32 and are enrolled in any charter school on the last day of the first school
28-33 month of the school district for the school year.
28-34 (3) The count of pupils not included under subparagraph (1) or (2)
28-35 who are enrolled full time in a program of distance education provided
28-36 by that school district or a charter school located within that school
28-37 district on the last day of the first school month of the school district for
28-38 the school year.
28-39 (4) The count of pupils who reside in the county and are enrolled:
28-40 (I) In a public school of the school district and are concurrently
28-41 enrolled part time in a program of distance education provided by
28-42 another school district or a charter school on the last day of the first
28-43 school month of the school district for the school year, expressed as a
28-44 percentage of the total time services are provided to those pupils per
28-45 school day in proportion to the total time services are provided during a
28-46 school day to pupils who are counted pursuant to subparagraph (2).
28-47 (II) In a charter school and are concurrently enrolled part time
28-48 in a program of distance education provided by a school district or
28-49 another charter school on the last day of the first school month of the
29-1 school district for the school year, expressed as a percentage of the total
29-2 time services are provided to those pupils per school day in proportion to
29-3 the total time services are provided during a school day to pupils who are
29-4 counted pursuant to subparagraph (2).
29-5 (5) The count of pupils not included under subparagraph (1) , [or] (2),
29-6 (3) or (4), who are receiving special education pursuant to the provisions of
29-7 NRS 388.440 to 388.520, inclusive, on the last day of the first school
29-8 month of the school district for the school year, excluding the count of
29-9 pupils who have not attained the age of 5 years and who are receiving
29-10 special education pursuant to subsection 1 of NRS 388.490 on that day.
29-11 [(4)] (6) Six-tenths the count of pupils who have not attained the age
29-12 of 5 years and who are receiving special education pursuant to subsection 1
29-13 of NRS 388.490 on the last day of the first school month of the school
29-14 district for the school year.
29-15 [(5)] (7) The count of children detained in detention homes,
29-16 alternative programs and juvenile forestry camps receiving instruction
29-17 pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the
29-18 last day of the first school month of the school district for the school year.
29-19 [(6)] (8) The count of pupils who are enrolled in classes for at least
29-20 one semester pursuant to subsection 4 of NRS 386.560 , subsection 4 of
29-21 NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage
29-22 of the total time services are provided to those pupils per school day in
29-23 proportion to the total time services are provided during a school day to
29-24 pupils who are counted pursuant to subparagraph (2).
29-25 (b) Multiplying the number of special education program units
29-26 maintained and operated by the amount per program established for that
29-27 school year.
29-28 (c) Adding the amounts computed in paragraphs (a) and (b).
29-29 2. If the enrollment of pupils in a school district or a charter school
29-30 that is located within the school district on the last day of the first school
29-31 month of the school district for the school year is less than the enrollment
29-32 of pupils in the same school district or charter school on the last day of the
29-33 first school month of the school district for either or both of the
29-34 immediately preceding 2 school years, the largest number must be used
29-35 from among the 3 years for purposes of apportioning money from the state
29-36 distributive school account to that school district or charter school pursuant
29-37 to NRS 387.124.
29-38 3. Pupils who are excused from attendance at examinations or have
29-39 completed their work in accordance with the rules of the board of trustees
29-40 must be credited with attendance during that period.
29-41 4. Pupils who are incarcerated in a facility or institution operated by
29-42 the department of prisons must not be counted for the purpose of
29-43 computing basic support pursuant to this section. The average daily
29-44 attendance for such pupils must be reported to the department . [of
29-45 education.]
29-46 5. Pupils who are enrolled in courses which are approved by the
29-47 department as meeting the requirements for an adult to earn a high school
29-48 diploma must not be counted for the purpose of computing basic support
29-49 pursuant to this section.
30-1 Sec. 31. NRS 387.124 is hereby amended to read as follows:
30-2 387.124 Except as otherwise provided in this section and NRS
30-3 387.528:
30-4 1. On or before August 1, November 1, February 1 and May 1 of each
30-5 year, the superintendent of public instruction shall [, except as otherwise
30-6 provided in subsections 2 and 3,] apportion the state distributive school
30-7 account in the state general fund among the several county school districts
30-8 and charter schools in amounts approximating one-fourth of their
30-9 respective yearly apportionments less any amount set aside as a reserve.
30-10 The apportionment to a school district, computed on a yearly basis, equals
30-11 the difference between the basic support and the local funds available
30-12 pursuant to NRS 387.1235, minus all the funds attributable to pupils who
30-13 reside in the county but attend a charter school [.] and all the funds
30-14 attributable to pupils who reside in the county and are enrolled full time
30-15 or part time in a program of distance education provided by another
30-16 school district or a charter school. No apportionment may be made to a
30-17 school district if the amount of the local funds exceeds the amount of basic
30-18 support. [The] If an agreement is not filed for a pupil who is enrolled in a
30-19 program of distance education as required by section 44 of this act, the
30-20 superintendent of public instruction shall not apportion money for that
30-21 pupil to the board of trustees of the school district in which the pupil
30-22 resides, or the board of trustees or governing body that provides the
30-23 program of distance education.
30-24 2. Except as otherwise provided in subsection 3, the apportionment to
30-25 a charter school, computed on a yearly basis, is equal to the sum of the
30-26 basic support per pupil in the county in which the pupil resides plus the
30-27 amount of local funds available per pupil pursuant to NRS 387.1235 and
30-28 all other funds available for public schools in the county in which the pupil
30-29 resides [.] minus all the funds attributable to pupils who are enrolled in
30-30 the charter school but are concurrently enrolled part time in a program
30-31 of distance education provided by a school district or another charter
30-32 school. If the apportionment per pupil to a charter school is more than the
30-33 amount to be apportioned to the school district in which a pupil who is
30-34 enrolled in the charter school resides, the school district in which the pupil
30-35 resides shall pay the difference directly to the charter school.
30-36 [2.] 3. Except as otherwise provided in this subsection, the
30-37 apportionment to a charter school that is sponsored by the state board,
30-38 computed on a yearly basis, is equal to:
30-39 (a) The sum of the basic support per pupil in the county in which the
30-40 pupil resides plus the amount of local funds available per pupil pursuant
30-41 to NRS 387.1235 and all other funds available for public schools in the
30-42 county in which the pupils resides; or
30-43 (b) The statewide average per pupil amount for pupils who are
30-44 enrolled full time,
30-45 whichever is greater. If the calculation set forth in paragraph (a) is less
30-46 than the calculation pursuant to paragraph (b), the school district in
30-47 which the charter school is located shall pay the difference directly to the
30-48 charter school. If a charter school provides a program of distance
30-49 education pursuant to sections 35 to 49, inclusive, of this act, the
31-1 apportionment to the charter school for pupils who are enrolled in the
31-2 program of distance education must be calculated as set forth in
31-3 subsection 2 or 4, as applicable.
31-4 4. In addition to the apportionments made pursuant to this section,
31-5 an apportionment must be made to a school district or charter school that
31-6 provides a program of distance education for each pupil who is enrolled
31-7 part time in the program if an agreement is filed for that pupil pursuant
31-8 to section 44 or 45 of this act, as applicable. The amount of the
31-9 apportionment must be equal to the percentage of the total time services
31-10 are provided to the pupil through the program of distance education per
31-11 school day in proportion to the total time services are provided during a
31-12 school day to pupils who are counted pursuant to subparagraph (2) of
31-13 paragraph (a) of subsection 1 of NRS 387.1233 for the school district in
31-14 which the pupil resides.
31-15 5. The governing body of a charter school may submit a written
31-16 request to the superintendent of public instruction to receive, in the first
31-17 year of operation of the charter school, an apportionment 30 days before
31-18 the apportionment is required to be made pursuant to subsection 1. Upon
31-19 receipt of such a request, the superintendent of public instruction may
31-20 make the apportionment 30 days before the apportionment is required to be
31-21 made. A charter school may receive all four apportionments in advance in
31-22 its first year of operation.
31-23 [3.] 6. If the state controller finds that such an action is needed to
31-24 maintain the balance in the state general fund at a level sufficient to pay the
31-25 other appropriations from it, he may pay out the apportionments monthly,
31-26 each approximately one-twelfth of the yearly apportionment less any
31-27 amount set aside as a reserve. If such action is needed, the state controller
31-28 shall submit a report to the department of administration and the fiscal
31-29 analysis division of the legislative counsel bureau documenting reasons for
31-30 the action.
31-31 Sec. 32. NRS 387.1243 is hereby amended to read as follows:
31-32 387.1243 1. The first apportionment based on an estimated number
31-33 of pupils and special education program units and succeeding
31-34 apportionments are subject to adjustment from time to time as the need
31-35 therefor may appear.
31-36 2. The apportionments to a school district may be adjusted during a
31-37 fiscal year by the department of education, upon approval by the state
31-38 board of examiners and the interim finance committee, if the department of
31-39 taxation and the county assessor in the county in which the school district
31-40 is located certify to the department of education that the school district will
31-41 not receive the tax levied pursuant to subsection 1 of NRS 387.195 on
31-42 property of the Federal Government located within the county if:
31-43 (a) The leasehold interest, possessory interest, beneficial interest or
31-44 beneficial use of the property is subject to taxation pursuant to NRS
31-45 361.157 and 361.159 and one or more lessees or users of the property are
31-46 delinquent in paying the tax; and
31-47 (b) The total amount of tax owed but not paid for the fiscal year by any
31-48 such lessees and users is at least 5 percent of the proceeds that the school
32-1 district would have received from the tax levied pursuant to subsection 1 of
32-2 NRS 387.195.
32-3 If a lessee or user pays the tax owed after the school district’s
32-4 apportionment has been increased in accordance with the provisions of this
32-5 subsection to compensate for the tax owed, the school district shall repay to
32-6 the state distributive school account in the state general fund an amount
32-7 equal to the tax received from the lessee or user for the year in which the
32-8 school district received an increased apportionment, not to exceed the
32-9 increase in apportionments made to the school district pursuant to this
32-10 subsection.
32-11 3. On or before August 1 of each year, the board of trustees of a school
32-12 district shall provide to the department, in a format prescribed by the
32-13 department, the count of pupils calculated pursuant to subparagraph [(6)]
32-14 (8) of paragraph (a) of subsection 1 of NRS 387.1233 who completed at
32-15 least one semester during the immediately preceding school year. The
32-16 count of pupils submitted to the department must be included in the final
32-17 adjustment computed pursuant to subsection 4.
32-18 4. A final adjustment for each school district and charter school must
32-19 be computed as soon as practicable following the close of the school year,
32-20 but not later than August 25. The final computation must be based upon the
32-21 actual counts of pupils required to be made for the computation of basic
32-22 support and the limits upon the support of special education programs,
32-23 except that for any year when the total enrollment of pupils and children in
32-24 a school district or a charter school located within the school district
32-25 described in paragraphs (a), (b), (c) and [(d)] (e) of subsection 1 of NRS
32-26 387.123 is greater on the last day of any school month of the school district
32-27 after the second school month of the school district and the increase in
32-28 enrollment shows at least:
32-29 (a) A 3-percent gain, basic support as computed from first month
32-30 enrollment for the school district or charter school must be increased by 2
32-31 percent.
32-32 (b) A 6-percent gain, basic support as computed from first month
32-33 enrollment for the school district or charter school must be increased by an
32-34 additional 2 percent.
32-35 5. If the final computation of apportionment for any school district or
32-36 charter school exceeds the actual amount paid to the school district or
32-37 charter school during the school year, the additional amount due must be
32-38 paid before September 1. If the final computation of apportionment for any
32-39 school district or charter school is less than the actual amount paid to the
32-40 school district or charter school during the school year, the difference must
32-41 be repaid to the state distributive school account in the state general fund
32-42 by the school district or charter school before September 25.
32-43 Sec. 33. NRS 387.185 is hereby amended to read as follows:
32-44 387.185 1. Except as otherwise provided in subsection 2 and NRS
32-45 387.528, all school money due each county school district must be paid
32-46 over by the state treasurer to the county treasurer on August 1, November
32-47 1, February 1 and May 1 of each year or as soon thereafter as the county
32-48 treasurer may apply for it, upon the warrant of the state controller drawn in
33-1 conformity with the apportionment of the superintendent of public
33-2 instruction as provided in NRS 387.124.
33-3 2. Except as otherwise provided in NRS 387.528, if the board of
33-4 trustees of a school district establishes and administers a separate account
33-5 pursuant to the provisions of NRS 354.603, all school money due that
33-6 school district must be paid over by the state treasurer to the school district
33-7 on August 1, November 1, February 1 and May 1 of each year or as soon
33-8 thereafter as the school district may apply for it, upon the warrant of the
33-9 state controller drawn in conformity with the apportionment of the
33-10 superintendent of public instruction as provided in NRS 387.124.
33-11 3. No county school district may receive any portion of the public
33-12 school money unless that school district has complied with the provisions
33-13 of this Title and regulations adopted pursuant thereto.
33-14 4. Except as otherwise provided in this subsection, all school money
33-15 due each charter school must be paid over by the state treasurer to the
33-16 governing body of the charter school on August 1, November 1, February 1
33-17 and May 1 of each year or as soon thereafter as the governing body may
33-18 apply for it, upon the warrant of the state controller drawn in conformity
33-19 with the apportionment of the superintendent of public instruction as
33-20 provided in NRS 387.124. If the superintendent of public instruction has
33-21 approved, pursuant to subsection [2] 5of NRS 387.124, a request for
33-22 payment of an apportionment 30 days before the apportionment is
33-23 otherwise required to be made, the money due to the charter school must be
33-24 paid by the state treasurer to the governing body of the charter school on
33-25 July 1, October 1, January 1 or April 1, as applicable.
33-26 Sec. 34. Chapter 388 of NRS is hereby amended by adding thereto the
33-27 provisions set forth as sections 35 to 49, inclusive, of this act.
33-28 Sec. 35. As used in sections 35 to 49, inclusive, of this act, unless the
33-29 context otherwise requires, the words and terms defined in sections 36,
33-30 37 and 38 of this act have the meanings ascribed to them in those
33-31 sections.
33-32 Sec. 36. “Course of distance education” means a course of study
33-33 that uses distance education as its primary mechanism for delivery of
33-34 instruction.
33-35 Sec. 37. “Distance education” means instruction which is delivered
33-36 by means of video, computer, television, correspondence, or the Internet
33-37 or other electronic means of communication, or any combination
33-38 thereof, in such a manner that the person supervising or providing the
33-39 instruction and the pupil receiving the instruction are separated
33-40 geographically for a majority of the time during which the instruction is
33-41 delivered.
33-42 Sec. 38. “Program of distance education” means a program
33-43 comprised of one or more courses of distance education that is designed
33-44 for pupils who:
33-45 1. Are participating in a program for pupils who are at risk of
33-46 dropping out of high school pursuant to NRS 388.537.
33-47 2. Are participating in a program of independent study pursuant to
33-48 NRS 389.155.
34-1 3. Are enrolled in a public school that does not offer advanced or
34-2 specialized courses.
34-3 4. Have a physical or mental condition that would otherwise require
34-4 an excuse from compulsory attendance pursuant to NRS 392.050.
34-5 5. Are excused from compulsory attendance pursuant to NRS
34-6 392.070 and are authorized to enroll in a program of distance education
34-7 pursuant to that section.
34-8 6. Would otherwise be excused from compulsory attendance
34-9 pursuant to NRS 392.080.
34-10 7. Are otherwise prohibited from attending public school pursuant to
34-11 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
34-12 392.4675.
34-13 8. Are otherwise permitted to enroll in a program of distance
34-14 education provided by the board of trustees of a school district if the
34-15 board of trustees determines that special circumstances warrant
34-16 enrollment for the pupil.
34-17 9. Are otherwise permitted to enroll in a program of distance
34-18 education provided by the governing body of a charter school if the
34-19 governing body of the charter school determines that special
34-20 circumstances warrant enrollment for the pupil.
34-21 Sec. 39. 1. The department shall prepare and publish a list of
34-22 courses of distance education that satisfy the requirements of sections 35
34-23 to 49, inclusive, of this act, and all other applicable statutes and
34-24 regulations. If an application to provide a program of distance education
34-25 is approved pursuant to section 40 of this act, the department shall
34-26 automatically include on the list each course of study included within
34-27 that program if the course of study had not been approved pursuant to
34-28 this section before submission of the application to provide the program.
34-29 2. A person or entity that has developed a course of distance
34-30 education, including, without limitation, a vendor of a course of distance
34-31 education, the University and Community College System of Nevada or
34-32 other postsecondary educational institution, a board of trustees of a
34-33 school district or a governing body of a charter school, may submit an
34-34 application for inclusion of the course on the list prepared by the
34-35 department. The department shall approve an application if the
34-36 application satisfies the requirements of sections 35 to 49, inclusive, of
34-37 this act and all other applicable statutes and regulations. The department
34-38 shall provide written notice to the applicant of its approval or denial of
34-39 the application.
34-40 3. If the department denies an application, the department shall
34-41 include in the written notice the reasons for the denial and the
34-42 deficiencies of the application. The applicant must be granted 30 days
34-43 after receipt of the written notice to correct any deficiencies identified in
34-44 the written notice and resubmit the application. The department shall
34-45 approve an application that has been resubmitted pursuant to this
34-46 subsection if the application satisfies the requirements of sections 35 to
34-47 49, inclusive, of this act and all other applicable statutes and regulations.
35-1 Sec. 40. 1. The board of trustees of a school district or the
35-2 governing body of a charter school may submit an application to the
35-3 department to provide a program of distance education.
35-4 2. An applicant to provide a program of distance education may seek
35-5 approval to provide a program that is comprised of one or more courses
35-6 of distance education included on the list of courses approved by the
35-7 department pursuant to section 39 of this act or a program that is
35-8 comprised of one or more courses of distance education which have not
35-9 been reviewed by the department before submission of the application.
35-10 3. An application to provide a program of distance education must
35-11 include:
35-12 (a) All the information prescribed by the state board by regulation.
35-13 (b) Except as otherwise provided in this paragraph, proof satisfactory
35-14 to the department that the program satisfies all applicable statutes and
35-15 regulations. The proof required by this paragraph shall be deemed
35-16 satisfied if the program is comprised only of courses of distance
35-17 education approved by the department pursuant to section 39 of this act
35-18 before submission of the application.
35-19 4. The department shall approve an application submitted pursuant
35-20 to this section if the application satisfies the requirements of sections 35
35-21 to 49, inclusive, of this act and all other applicable statutes and
35-22 regulations. The department shall provide written notice to the applicant
35-23 of the department’s approval or denial of the application.
35-24 5. If the department denies an application, the department shall
35-25 include in the written notice the reasons for the denial and the
35-26 deficiencies of the application. The applicant must be granted 30 days
35-27 after receipt of the written notice to correct any deficiencies identified in
35-28 the written notice and resubmit the application. The department shall
35-29 approve an application that has been resubmitted pursuant to this
35-30 subsection if the application satisfies the requirements of sections 35 to
35-31 49, inclusive, of this act and all other applicable statutes and regulations.
35-32 Sec. 41. 1. A program of distance education may include, without
35-33 limitation, an opportunity for pupils to participate in the program:
35-34 (a) For a shorter school day or a longer school day than that regularly
35-35 provided for in the school district or charter school, as applicable; and
35-36 (b) During any part of the calendar year.
35-37 2. If a program of distance education is provided for pupils on a full-
35-38 time basis, the program must include at least as many hours or minutes
35-39 of instruction as would be provided under a program consisting of 180
35-40 days.
35-41 Sec. 42. 1. The board of trustees of a school district or the
35-42 governing body of a charter school that provides a program of distance
35-43 education shall ensure that, for each course offered through the
35-44 program, a teacher:
35-45 (a) Provides the work assignments to each pupil enrolled in the course
35-46 that are necessary for the pupil to complete the course; and
35-47 (b) Meets or otherwise communicates with the pupil at least once each
35-48 week during the course to discuss the pupil’s progress.
36-1 2. If a course offered through a program of distance education is a
36-2 core academic subject, as defined in NRS 389.018, the teacher who
36-3 fulfills the requirements of subsection 1 must be a licensed teacher.
36-4 Sec. 43. 1. A pupil may enroll in a program of distance education
36-5 only if the pupil satisfies the requirements of any other applicable statute
36-6 and the pupil:
36-7 (a) Is participating in a program for pupils at risk of dropping out of
36-8 high school pursuant to NRS 388.537;
36-9 (b) Is participating in a program of independent study pursuant to
36-10 NRS 389.155;
36-11 (c) Is enrolled in a public school that does not offer certain advanced
36-12 or specialized courses that the pupil desires to attend;
36-13 (d) Has a physical or mental condition that would otherwise require
36-14 an excuse from compulsory attendance pursuant to NRS 392.050;
36-15 (e) Is excused from compulsory attendance pursuant to NRS 392.070
36-16 and is authorized to enroll in a program of distance education pursuant
36-17 to that section;
36-18 (f) Would otherwise be excused from compulsory attendance pursuant
36-19 to NRS 392.080;
36-20 (g) Is otherwise prohibited from attending public school pursuant to
36-21 NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or
36-22 392.4675;
36-23 (h) Is otherwise permitted to enroll in a program of distance education
36-24 provided by the board of trustees of a school district if the board of
36-25 trustees determines that the circumstances warrant enrollment for the
36-26 pupil; or
36-27 (i) Is otherwise permitted to enroll in a program of distance education
36-28 provided by the governing body of a charter school if the governing body
36-29 of the charter school determines that the circumstances warrant
36-30 enrollment for the pupil.
36-31 2. In addition to the eligibility for enrollment set forth in subsection
36-32 1, a pupil must satisfy the qualifications and conditions for enrollment in
36-33 a program of distance education adopted by the state board pursuant to
36-34 section 49 of this act.
36-35 3. A child who is exempt from compulsory attendance and receiving
36-36 equivalent instruction authorized by the state board pursuant to
36-37 subsection 1 of NRS 392.070 is not eligible to enroll in or otherwise
36-38 attend a program of distance education, regardless of whether he is
36-39 otherwise eligible for enrollment pursuant to subsection 1.
36-40 4. If a pupil who is prohibited from attending public school pursuant
36-41 to NRS 392.264 enrolls in a program of distance education, the
36-42 enrollment and attendance of that pupil must comply with all
36-43 requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to 392.271,
36-44 inclusive.
36-45 5. If a pupil is eligible for enrollment in a program of distance
36-46 education pursuant to paragraph (c) of subsection 1, he may enroll in the
36-47 program of distance education only to take those advanced or specialized
36-48 courses that are not offered at the public school he otherwise attends.
37-1 Sec. 44. 1. Except as otherwise provided in this subsection, before
37-2 a pupil may enroll full time or part time in a program of distance
37-3 education that is provided by a school district other than the school
37-4 district in which the pupil resides, the pupil must obtain the written
37-5 permission of the board of trustees of the school district in which the
37-6 pupil resides. Before a pupil who is enrolled in a public school of a
37-7 school district may enroll part time in a program of distance education
37-8 that is provided by a charter school, the pupil must obtain the written
37-9 permission of the board of trustees of the school district in which the
37-10 pupil resides. A pupil who enrolls full time in a program of distance
37-11 education that is provided by a charter school is not required to obtain
37-12 the approval of the board of trustees of the school district in which the
37-13 pupil resides.
37-14 2. If the board of trustees of a school district grants permission
37-15 pursuant to subsection 1, the board of trustees shall enter into a written
37-16 agreement with the board of trustees or governing body, as applicable,
37-17 that provides the program of distance education. A separate agreement
37-18 must be prepared for each year that a pupil enrolls in a program of
37-19 distance education. The written agreement must:
37-20 (a) Contain a statement prepared by the board of trustees of the school
37-21 district in which the pupil resides indicating that the board of trustees
37-22 understands that the superintendent of public instruction will make
37-23 appropriate adjustments in the apportionments to the school district
37-24 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
37-25 program of distance education;
37-26 (b) If the pupil plans to enroll part time in the program of distance
37-27 education, contain a statement prepared by the board of trustees of the
37-28 school district in which the pupil resides and the board of trustees or
37-29 governing body that provides the program of distance education setting
37-30 forth the percentage of the total time services will be provided to the pupil
37-31 through the program of distance education per school day in proportion
37-32 to the total time services are provided during a school day to pupils who
37-33 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
37-34 1 of NRS 387.1233 for the school district in which the pupil resides;
37-35 (c) Be signed by the board of trustees of the school district in which
37-36 the pupil resides and the board of trustees or governing body that
37-37 provides the program of distance education; and
37-38 (d) Include any other information required by the state board by
37-39 regulation.
37-40 3. On or before September 1 of each year or January 1 of each year,
37-41 as applicable for the semester of enrollment, a written agreement must be
37-42 filed with the superintendent of public instruction for each pupil who is
37-43 enrolled full time in a program of distance education provided by a
37-44 school district other than the school district in which the pupil resides.
37-45 On or before September 1 or January 1 of each year, as applicable for
37-46 the semester of enrollment, a written agreement must be filed with the
37-47 superintendent of public instruction for each pupil who is enrolled in a
37-48 public school of the school district and who is enrolled part time in a
37-49 program of distance education provided by a charter school. If an
38-1 agreement is not filed for a pupil who is enrolled in a program of
38-2 distance education as required by this section, the superintendent of
38-3 public instruction shall not apportion money for that pupil to the board
38-4 of trustees of the school district in which the pupil resides, or the board
38-5 of trustees or governing body that provides the program of distance
38-6 education.
38-7 Sec. 45. 1. If a pupil is enrolled in a charter school, he may enroll
38-8 full time in a program of distance education only if the charter school in
38-9 which he is enrolled provides the program of distance education.
38-10 2. Before a pupil who is enrolled in a charter school may enroll part
38-11 time in a program of distance education that is provided by a school
38-12 district or another charter school, the pupil must obtain the written
38-13 permission of the governing body of the charter school in which the pupil
38-14 is enrolled.
38-15 3. If the governing body of a charter school grants permission
38-16 pursuant to subsection 2, the governing body shall enter into a written
38-17 agreement with the board of trustees or governing body, as applicable,
38-18 that provides the program of distance education. A separate agreement
38-19 must be prepared for each year that a pupil enrolls in a program of
38-20 distance education. The written agreement must:
38-21 (a) Contain a statement prepared by the governing body of the charter
38-22 school in which the pupil is enrolled indicating that the governing body
38-23 understands that the superintendent of public instruction will make
38-24 appropriate adjustments in the apportionments to the charter school
38-25 pursuant to NRS 387.124 to account for the pupil’s enrollment in the
38-26 program of distance education;
38-27 (b) Contain a statement prepared by the governing body of the charter
38-28 school in which the pupil is enrolled and the board of trustees or
38-29 governing body that provides the program of distance education setting
38-30 forth the percentage of the total time services will be provided to the pupil
38-31 through the program of distance education per school day in proportion
38-32 to the total time services are provided during a school day to pupils who
38-33 are counted pursuant to subparagraph (2) of paragraph (a) of subsection
38-34 1 of NRS 387.1233 for the school district in which the pupil resides;
38-35 (c) Be signed by the governing body of the charter school in which the
38-36 pupil is enrolled and the board of trustees or governing body that
38-37 provides the program of distance education; and
38-38 (d) Include any other information required by the state board by
38-39 regulation.
38-40 4. On or before September 1 or January 1 of each year, as applicable
38-41 for the semester of enrollment, a written agreement must be filed with the
38-42 superintendent of public instruction for each pupil who is enrolled in a
38-43 charter school and who is enrolled part time in a program of distance
38-44 education provided by a school district or another charter school. If an
38-45 agreement is not filed for such a pupil, the superintendent of public
38-46 instruction shall not apportion money for that pupil to the governing
38-47 body of the charter school in which the pupil is enrolled, or the board of
38-48 trustees or governing body that provides the program of distance
38-49 education.
39-1 Sec. 46. 1. If a pupil is enrolled full time in a program of distance
39-2 education provided by the board of trustees of a school district, the board
39-3 of trustees that provides the program shall declare for each such pupil
39-4 one public school within that school district to which the pupil is
39-5 affiliated. The board of trustees may declare that all the pupils enrolled
39-6 in the program of distance education are affiliated with one public school
39-7 within the school district, or it may declare individual public schools for
39-8 the pupils enrolled in the program. Upon the declared affiliation, the
39-9 pupil shall be deemed enrolled in that public school for purposes of all
39-10 the applicable requirements, statutes, regulations, rules and policies of
39-11 that public school and school district, including, without limitation:
39-12 (a) Graduation requirements;
39-13 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-14 385.391, inclusive;
39-15 (c) Provisions governing the attendance and truancy of pupils, as set
39-16 forth in NRS 392.040 to 392.220, inclusive; and
39-17 (d) Discipline of pupils.
39-18 2. A pupil who is enrolled full time in a program of distance
39-19 education provided by a charter school shall be deemed enrolled in the
39-20 charter school. All the applicable requirements, including, without
39-21 limitation, statutes, regulations, rules and policies of that charter school
39-22 apply to such a pupil, including, without limitation:
39-23 (a) Graduation requirements;
39-24 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-25 385.391, inclusive;
39-26 (c) Provisions governing the attendance and truancy of pupils, as set
39-27 forth in NRS 392.040 to 392.220, inclusive; and
39-28 (d) Discipline of pupils.
39-29 3. If a pupil is enrolled part time in a program of distance education,
39-30 all the applicable requirements, statutes, regulations, rules and policies
39-31 of the public school of the school district in which the pupil is otherwise
39-32 enrolled or the charter school in which the pupil is otherwise enrolled
39-33 apply to such a pupil, including, without limitation:
39-34 (a) Graduation requirements;
39-35 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-36 385.391, inclusive;
39-37 (c) Provisions governing the attendance and truancy of pupils, as set
39-38 forth in NRS 392.040 to 392.220, inclusive; and
39-39 (d) Discipline of pupils.
39-40 Sec. 47. 1. If the board of trustees of a school district provides a
39-41 program of distance education, the board of trustees shall ensure that the
39-42 persons who operate the program on a day-to-day basis comply with and
39-43 carry out all applicable requirements, statutes, regulations, rules and
39-44 policies of the school district, including, without limitation:
39-45 (a) Graduation requirements;
39-46 (b) Accountability of public schools, as set forth in NRS 385.3455 to
39-47 385.391, inclusive;
39-48 (c) Provisions governing the attendance and truancy of pupils, as set
39-49 forth in NRS 392.040 to 392.220, inclusive; and
40-1 (d) Discipline of pupils.
40-2 2. If the governing body of a charter school provides a program of
40-3 distance education, the governing body shall:
40-4 (a) For each pupil who is enrolled in the program, provide written
40-5 notice to the board of trustees of the school district in which the pupil
40-6 resides of the type of educational services that will be provided to the
40-7 pupil through the program. The written notice must be provided to the
40-8 board of trustees before the pupil receives educational services through
40-9 the program of distance education.
40-10 (b) Ensure that the persons who operate the program on a day-to-day
40-11 basis comply with and carry out all applicable requirements, statutes,
40-12 regulations, rules and policies of the charter school, including, without
40-13 limitation:
40-14 (1) Graduation requirements;
40-15 (2) Accountability of public schools, as set forth in NRS 385.3455 to
40-16 385.391, inclusive;
40-17 (3) Provisions governing the attendance and truancy of pupils, as
40-18 set forth in NRS 392.040 to 392.220, inclusive; and
40-19 (4) Discipline of pupils.
40-20 Sec. 48. On or before November 1 of each year, the board of trustees
40-21 of a school district or the governing body of a charter school that
40-22 provides a program of distance education shall submit to the department
40-23 and to the legislative bureau of educational accountability and program
40-24 evaluation a written report that contains a summary of the program for
40-25 the immediately preceding school year which includes, without
40-26 limitation:
40-27 1. A description of the manner in which the program was carried
40-28 out;
40-29 2. The expenditures made for the program;
40-30 3. The number of pupils who were enrolled full time in the program
40-31 and the number of pupils who were enrolled part time in the program;
40-32 4. If available, a description of the reasons why pupils enrolled in the
40-33 program;
40-34 5. The number of pupils who dropped out of the program, if any;
40-35 6. A description of any disciplinary measures taken against pupils
40-36 who were enrolled in the program; and
40-37 7. An analysis of the academic achievement and performance of the
40-38 pupils who were enrolled in the program before and after the pupils
40-39 participated in the program.
40-40 Sec. 49. 1. The state board shall adopt regulations that prescribe:
40-41 (a) The process for submission of an application by a person or entity
40-42 for inclusion of a course of distance education on the list prepared by the
40-43 department pursuant to section 39 of this act and the contents of the
40-44 application;
40-45 (b) The process for submission of an application by the board of
40-46 trustees of a school district or the governing body of a charter school to
40-47 provide a program of distance education and the contents of the
40-48 application;
41-1 (c) The qualifications and conditions for enrollment that a pupil must
41-2 satisfy to enroll in a program of distance education, consistent with
41-3 section 43 of this act;
41-4 (d) A method for reporting to the department the number of pupils
41-5 who are enrolled in a program of distance education and the attendance
41-6 of those pupils;
41-7 (e) The requirements for assessing the achievement of pupils who are
41-8 enrolled in a program of distance education, which must include, without
41-9 limitation, the administration of the achievement and proficiency
41-10 examinations required pursuant to NRS 389.015 and 389.550; and
41-11 (f) A written description of the process pursuant to which the state
41-12 board may revoke its approval for the operation of a program of distance
41-13 education.
41-14 2. The state board may adopt regulations as it determines are
41-15 necessary to carry out the provisions of sections 35 to 49, inclusive, of
41-16 this act.
41-17 Sec. 50. NRS 388.090 is hereby amended to read as follows:
41-18 388.090 1. Except as otherwise permitted pursuant to this section,
41-19 boards of trustees of school districts shall schedule and provide a minimum
41-20 of 180 days of free school in the districts under their charge.
41-21 2. The superintendent of public instruction may, upon application by a
41-22 board of trustees, authorize a reduction of not more than 15 school days in
41-23 a particular district to establish or maintain a 12-month school program or a
41-24 program involving alternative scheduling, if the board of trustees
41-25 demonstrates that the proposed schedule for the program provides for a
41-26 greater number of minutes of instruction than would be provided under a
41-27 program consisting of 180 school days. Before authorizing a reduction in
41-28 the number of required school days pursuant to this subsection, the
41-29 superintendent of public instruction must find that the proposed schedule
41-30 will be used to alleviate problems associated with a growth in enrollment
41-31 or overcrowding, or to establish and maintain a program of alternative
41-32 schooling[.] , including, without limitation, a program of distance
41-33 education provided by the board of trustees pursuant to sections 35 to 49,
41-34 inclusive, of this act.
41-35 3. The superintendent of public instruction may, upon application by a
41-36 board of trustees, authorize the addition of minutes of instruction to any
41-37 scheduled day of free school if days of free school are lost because of any
41-38 interscholastic activity. Not more than 5 days of free school so lost may be
41-39 rescheduled in this manner.
41-40 4. Each school district shall schedule at least 3 contingent days of
41-41 school in addition to the number of days required by this section, which
41-42 must be used if a natural disaster, inclement weather or an accident
41-43 necessitates the closing of a majority of the facilities within the district.
41-44 5. If more than 3 days of free school are lost because a natural disaster,
41-45 inclement weather or an accident necessitates the closing of a majority of
41-46 the facilities within a school district, the superintendent of public
41-47 instruction, upon application by the school district, may permit the
41-48 additional days lost to be counted as school days in session. The
42-1 application must be submitted in the manner prescribed by the
42-2 superintendent of public instruction.
42-3 6. The state board [of education] shall adopt regulations providing
42-4 procedures for changing schedules of instruction to be used if a natural
42-5 disaster, inclement weather or an accident necessitates the closing of a
42-6 particular school within a school district.
42-7 Sec. 51. NRS 388.537 is hereby amended to read as follows:
42-8 388.537 1. The board of trustees of a school district may, subject to
42-9 the approval of the state board, operate an alternative program for the
42-10 education of pupils at risk of dropping out of high school, including pupils
42-11 who:
42-12 (a) Because of extenuating circumstances, such as their being pregnant,
42-13 parents, chronically ill or self-supporting, are not able to attend the classes
42-14 of instruction regularly provided in high school;
42-15 (b) Are deficient in the amount of academic credit necessary to graduate
42-16 with pupils their same age;
42-17 (c) Are chronically absent from high school; or
42-18 (d) Require instruction on a more personal basis than that regularly
42-19 provided in high school.
42-20 2. An alternative program may include:
42-21 (a) A shorter school day, and an opportunity for pupils to attend a
42-22 longer school day, than that regularly provided in high school.
42-23 (b) An opportunity for pupils to attend classes of instruction during any
42-24 part of the calendar year.
42-25 (c) A comprehensive curriculum that includes elective classes of
42-26 instruction and occupational education.
42-27 (d) An opportunity for pupils to obtain academic credit through
42-28 experience gained at work or while engaged in other activities.
42-29 (e) An opportunity for pupils to satisfy either:
42-30 (1) The requirements for a regular high school diploma; or
42-31 (2) The requirements for a high school diploma for adults.
42-32 (f) The provision of child care for the children of pupils.
42-33 (g) The transportation of pupils to and from classes of instruction.
42-34 (h) The temporary placement of pupils for independent study, if there
42-35 are extenuating circumstances which prevent those pupils from attending
42-36 the alternative program on a daily basis.
42-37 3. The board of trustees of a school district may operate an
42-38 alternative program pursuant to this section through a program of
42-39 distance education pursuant to sections 35 to 49, inclusive, of this act.
42-40 Sec. 52. NRS 388.700 is hereby amended to read as follows:
42-41 388.700 1. Except as otherwise provided in subsections 2, 3 and 6,
42-42 after the last day of the first month of the school year, the ratio in each
42-43 school district of pupils per class in kindergarten and grades 1, 2 and 3 per
42-44 licensed teacher designated to teach those classes full time must not exceed
42-45 15 to 1 in classes where core curriculum is taught. In determining this ratio,
42-46 all licensed educational personnel who teach kindergarten or grade 1, 2 or
42-47 3 must be counted except teachers of art, music, physical education or
42-48 special education, counselors, librarians, administrators, deans and
42-49 specialists.
43-1 2. A school district may, within the limits of any plan adopted pursuant
43-2 to NRS 388.720, assign a pupil whose enrollment in a grade occurs after
43-3 the last day of the first month of the school year to any existing class
43-4 regardless of the number of pupils in the class.
43-5 3. The state board may grant to a school district a variance from the
43-6 limitation on the number of pupils per class set forth in subsection 1 for
43-7 good cause, including the lack of available financial support specifically
43-8 set aside for the reduction of pupil-teacher ratios.
43-9 4. The state board shall, on or before February 1 of each odd-
43-10 numbered year, report to the legislature on:
43-11 (a) Each variance granted by it during the preceding biennium,
43-12 including the specific justification for the variance.
43-13 (b) The data reported to it by the various school districts pursuant to
43-14 subsection 2 of NRS 388.710, including an explanation of that data, and
43-15 the current pupil-teacher ratios per class in kindergarten and grades 1, 2
43-16 and 3.
43-17 5. The department shall, on or before November 15 of each year,
43-18 report to the chief of the budget division of the department of
43-19 administration and the fiscal analysis division of the legislative counsel
43-20 bureau:
43-21 (a) The number of teachers employed;
43-22 (b) The number of teachers employed in order to attain the ratio
43-23 required by subsection 1;
43-24 (c) The number of pupils enrolled; and
43-25 (d) The number of teachers assigned to teach in the same classroom
43-26 with another teacher or in any other arrangement other than one teacher
43-27 assigned to one classroom of pupils,
43-28 during the current school year in kindergarten and grades 1, 2 and 3 for
43-29 each school district.
43-30 6. The provisions of this section do not apply to a charter school[.] or
43-31 to a program of distance education provided pursuant to sections 35 to
43-32 49, inclusive, of this act.
43-33 Sec. 53. NRS 389.017 is hereby amended to read as follows:
43-34 389.017 1. The state board shall [prescribe] adopt regulations
43-35 requiring that each board of trustees of a school district and each governing
43-36 body of a charter school submit to the superintendent of public instruction
43-37 and the department, in the form and manner prescribed by the
43-38 superintendent, the results of achievement and proficiency examinations
43-39 given in the 4th, 8th, 10th and 11th grades to public school pupils of the
43-40 district and charter schools. The state board shall not include in the
43-41 regulations any provision which would violate the confidentiality of the
43-42 test scores of any individual pupil.
43-43 2. The results of examinations must be reported for each school,
43-44 including, without limitation, each charter school, school district and this
43-45 state , as follows:
43-46 (a) The average score, as defined by the department, of pupils who took
43-47 the examinations under regular testing conditions; and
43-48 (b) The average score, as defined by the department, of pupils who took
43-49 the examinations with modifications or accommodations approved by the
44-1 private entity that created the examination or, if the department created the
44-2 examination, the department, if such reporting does not violate the
44-3 confidentiality of the test scores of any individual pupil.
44-4 3. The department shall adopt regulations prescribing the requirements
44-5 for reporting the scores of pupils who:
44-6 (a) Took the examinations under conditions that were not approved by
44-7 the private entity that created the examination or, if the department created
44-8 the examination, by the department;
44-9 (b) Are enrolled in special schools for children with disabilities;
44-10 (c) Are enrolled in an alternative program for the education of pupils at
44-11 risk of dropping out of high school[;] , including, without limitation, a
44-12 program of distance education that is provided to pupils who are at risk
44-13 of dropping out of high school pursuant to sections 35 to 49, inclusive, of
44-14 this act; or
44-15 (d) Are detained in a:
44-16 (1) Youth training center;
44-17 (2) Youth center;
44-18 (3) Juvenile forestry camp;
44-19 (4) Detention home;
44-20 (5) Youth camp;
44-21 (6) Juvenile correctional institution; or
44-22 (7) Correctional institution.
44-23 The scores reported pursuant to this subsection must not be included in the
44-24 average scores reported pursuant to subsection 2.
44-25 4. Not later than 10 days after the department receives the results of
44-26 the achievement and proficiency examinations, the department shall
44-27 transmit a copy of the results of the examinations administered pursuant to
44-28 NRS 389.015 to the legislative bureau of educational accountability and
44-29 program evaluation in a manner that does not violate the confidentiality of
44-30 the test scores of any individual pupil.
44-31 5. On or before November 15 of each year, each school district and
44-32 each charter school shall report to the department the following
44-33 information for each examination administered in the public schools in the
44-34 school district or charter school:
44-35 (a) The examination administered;
44-36 (b) The grade level or levels of pupils to whom the examination was
44-37 administered;
44-38 (c) The costs incurred by the school district or charter school in
44-39 administering each examination; and
44-40 (d) The purpose, if any, for which the results of the examination are
44-41 used by the school district or charter school.
44-42 On or before December 15 of each year, the department shall transmit to
44-43 the budget division of the department of administration and the fiscal
44-44 analysis division of the legislative counsel bureau the information
44-45 submitted to the department pursuant to this subsection.
44-46 6. The superintendent of schools of each school district and the
44-47 governing body of each charter school shall certify that the number of
44-48 pupils who took the examinations required pursuant to NRS 389.015 is
44-49 equal to the number of pupils who are enrolled in each school in the school
45-1 district or in the charter school who are required to take the examinations
45-2 except for those pupils who are exempt from taking the examinations. A
45-3 pupil may be exempt from taking the examinations if:
45-4 (a) His primary language is not English and his proficiency in the
45-5 English language is below the level that the state board determines is
45-6 proficient, as measured by an assessment of proficiency in the English
45-7 language prescribed by the state board pursuant to subsection 8; or
45-8 (b) He is enrolled in a program of special education pursuant to NRS
45-9 388.440 to 388.520, inclusive, and his program of special education
45-10 specifies that he is exempt from taking the examinations.
45-11 7. In addition to the information required by subsection 5, the
45-12 superintendent of public instruction shall:
45-13 (a) Report the number of pupils who were not exempt from taking the
45-14 examinations but were absent from school on the day that the examinations
45-15 were administered; and
45-16 (b) Reconcile the number of pupils who were required to take the
45-17 examinations with the number of pupils who were exempt from taking the
45-18 examinations or absent from school on the day that the examinations were
45-19 administered.
45-20 8. The state board shall prescribe an assessment of proficiency in the
45-21 English language for pupils whose primary language is not English to
45-22 determine which pupils are exempt from the examinations pursuant to
45-23 paragraph (a) of subsection 6.
45-24 Sec. 54. NRS 389.155 is hereby amended to read as follows:
45-25 389.155 1. The state board shall, by regulation, establish a program
45-26 pursuant to which a pupil enrolled full time in high school may complete
45-27 any required or elective course by independent study outside of the normal
45-28 classroom setting. A program of independent study provided pursuant to
45-29 this section may be offered through a program of distance education
45-30 pursuant to sections 35 to 49, inclusive, of this act.
45-31 2. The regulations must require that:
45-32 (a) The teacher of the course assign to the pupil the work assignments
45-33 necessary to complete the course; and
45-34 (b) The pupil and teacher meet or otherwise communicate with each
45-35 other at least once each week during the course to discuss the pupil’s
45-36 progress.
45-37 3. The board of trustees in each school district may, in accordance with
45-38 the regulations adopted pursuant to subsections 1 and 2, provide for
45-39 independent study by pupils enrolled full time in high schools in its district.
45-40 A board of trustees that chooses to allow such study may provide that:
45-41 (a) The pupils participating in the independent study be given
45-42 instruction individually or in a group.
45-43 (b) The independent study be offered during the regular school day.
45-44 Sec. 55. NRS 389.560 is hereby amended to read as follows:
45-45 389.560 1. The state board shall adopt regulations that require the
45-46 board of trustees of each school district and the governing body of each
45-47 charter school to submit to the superintendent of public instruction, the
45-48 department and the council, in the form and manner prescribed by the
45-49 superintendent, the results of the examinations administered pursuant to
46-1 NRS 389.550. The state board shall not include in the regulations any
46-2 provision that would violate the confidentiality of the test scores of an
46-3 individual pupil.
46-4 2. The results of the examinations must be reported for each school,
46-5 including, without limitation, each charter school, school district and this
46-6 state, as follows:
46-7 (a) The percentage of pupils who have demonstrated proficiency, as
46-8 defined by the department, and took the examinations under regular testing
46-9 conditions; and
46-10 (b) The percentage of pupils who have demonstrated proficiency, as
46-11 defined by the department, and took the examinations with modifications
46-12 or accommodations approved by the private entity that created the
46-13 examination or, if the department created the examination, the department,
46-14 if such reporting does not violate the confidentiality of the test scores of
46-15 any individual pupil.
46-16 3. The department shall adopt regulations prescribing the requirements
46-17 for reporting the results of pupils who:
46-18 (a) Took the examinations under conditions that were not approved by
46-19 the private entity that created the examination or, if the department created
46-20 the examination, by the department;
46-21 (b) Are enrolled in special schools for children with disabilities;
46-22 (c) Are enrolled in an alternative program for the education of pupils at
46-23 risk of dropping out of high school[;] , including, without limitation, a
46-24 program of distance education that is provided to pupils who are at risk
46-25 of dropping out of high school pursuant to sections 35 to 49, inclusive, of
46-26 this act; or
46-27 (d) Are detained in a:
46-28 (1) Youth training center;
46-29 (2) Youth center;
46-30 (3) Juvenile forestry camp;
46-31 (4) Detention home;
46-32 (5) Youth camp;
46-33 (6) Juvenile correctional institution; or
46-34 (7) Correctional institution.
46-35 The results reported pursuant to this subsection must not be included in the
46-36 percentage of pupils reported pursuant to subsection 2.
46-37 4. Not later than 10 days after the department receives the results of
46-38 the examinations, the department shall transmit a copy of the results to the
46-39 legislative bureau of educational accountability and program evaluation in
46-40 a manner that does not violate the confidentiality of the test scores of any
46-41 individual pupil.
46-42 5. On or before November 15 of each year, each school district and
46-43 each charter school shall report to the department the following
46-44 information for each examination administered in the public schools in the
46-45 school district or charter school:
46-46 (a) The examination administered;
46-47 (b) The grade level or levels of pupils to whom the examination was
46-48 administered;
47-1 (c) The costs incurred by the school district or charter school in
47-2 administering each examination; and
47-3 (d) The purpose, if any, for which the results of the examination are
47-4 used by the school district or charter school.
47-5 On or before December 15 of each year, the department shall transmit to
47-6 the budget division of the department of administration and the fiscal
47-7 analysis division of the legislative counsel bureau the information
47-8 submitted to the department pursuant to this subsection.
47-9 6. The superintendent of schools of each school district and the
47-10 governing body of each charter school shall certify that the number of
47-11 pupils who took the examinations is equal to the number of pupils who are
47-12 enrolled in each school in the school district or in the charter school who
47-13 are required to take the examinations, except for those pupils who are
47-14 exempt from taking the examinations. A pupil may be exempt from taking
47-15 the examinations if:
47-16 (a) His primary language is not English and his proficiency in the
47-17 English language is below the level that the state board determines is
47-18 proficient, as measured by an assessment of proficiency in the English
47-19 language prescribed by the state board pursuant to subsection 8; or
47-20 (b) He is enrolled in a program of special education pursuant to NRS
47-21 388.440 to 388.520, inclusive, and his program of special education
47-22 specifies that he is exempt from taking the examinations.
47-23 7. In addition to the information required by subsection 5, the
47-24 superintendent of public instruction shall:
47-25 (a) Report the number of pupils who were not exempt from taking the
47-26 examinations but were absent from school on the day that the examinations
47-27 were administered; and
47-28 (b) Reconcile the number of pupils who were required to take the
47-29 examinations with the number of pupils who were exempt from taking the
47-30 examinations or absent from school on the day that the examinations were
47-31 administered.
47-32 8. The state board shall prescribe an assessment of proficiency in the
47-33 English language for pupils whose primary language is not English to
47-34 determine which pupils are exempt from the examinations pursuant to
47-35 paragraph (a) of subsection 6.
47-36 Sec. 56. NRS 391.170 is hereby amended to read as follows:
47-37 391.170 1. Except as otherwise provided in subsection 2, a teacher or
47-38 other employee for whom a license is required is not entitled to receive any
47-39 portion of public money for schools as compensation for services rendered
47-40 unless:
47-41 (a) He is legally employed by the board of trustees of the school district
47-42 or the governing body of the charter school in which he is teaching or
47-43 performing other educational functions.
47-44 (b) He has a license authorizing him to teach or perform other
47-45 educational functions at the level and in the field for which he is employed,
47-46 issued in accordance with law and in full force at the time the services are
47-47 rendered.
47-48 2. The provisions of subsection 1 do not prohibit the payment of public
47-49 money to teachers or other employees who are employed by a charter
48-1 school for whom a license is not required pursuant to the provisions of
48-2 NRS 386.590 . [and 386.595.]
48-3 Sec. 57. NRS 391.31965 is hereby amended to read as follows:
48-4 391.31965 Except as otherwise provided in this section, if a
48-5 postprobationary employee of a school district or charter school in this
48-6 state:
48-7 1. Voluntarily leaves his employment; and
48-8 2. Is, within 5 years after the date on which he left that employment,
48-9 employed by any school district or charter school in this state in a position
48-10 that is comparable to the position in which he attained his postprobationary
48-11 status,
48-12 he must be allowed to continue as a postprobationary employee and must
48-13 not be required to serve the probationary period required by subsection 1 of
48-14 NRS 391.3197. This section does not apply to a postprobationary employee
48-15 who voluntarily leaves his employment during the pendency of a
48-16 proceeding for the suspension, demotion, dismissal or refusal to reemploy
48-17 the postprobationary employee.
48-18 Sec. 58. NRS 392.010 is hereby amended to read as follows:
48-19 392.010 Except as to the attendance of a pupil pursuant to NRS
48-20 392.015 or sections 35 to 49, inclusive, of this act, or a pupil who is
48-21 ineligible for attendance pursuant to NRS 392.4675 and except as
48-22 otherwise provided in NRS 392.264 and 392.268:
48-23 1. The board of trustees of any school district may, with the approval
48-24 of the superintendent of public instruction:
48-25 (a) Admit to the school or schools of the school district any pupil or
48-26 pupils living in an adjoining school district within this state or in an
48-27 adjoining state when the school district of residence in the adjoining state
48-28 adjoins the receiving Nevada school district; or
48-29 (b) Pay tuition for pupils residing in the school district but who attend
48-30 school in an adjoining school district within this state or in an adjoining
48-31 state when the receiving district in the adjoining state adjoins the school
48-32 district of Nevada residence.
48-33 2. With the approval of the superintendent of public instruction, the
48-34 board of trustees of the school district in which the pupil or pupils reside
48-35 and the board of trustees of the school district in which the pupil or pupils
48-36 attend school shall enter into an agreement providing for the payment of
48-37 such tuition as may be agreed upon, but transportation costs must be paid
48-38 by the board of trustees of the school district in which the pupil or pupils
48-39 reside:
48-40 (a) If any are incurred in transporting a pupil or pupils to an adjoining
48-41 school district within the state; and
48-42 (b) If any are incurred in transporting a pupil or pupils to an adjoining
48-43 state, as provided by the agreement.
48-44 3. In addition to the provisions for the payment of tuition and
48-45 transportation costs for pupils admitted to an adjoining school district as
48-46 provided in subsection 2, the agreement may contain provisions for the
48-47 payment of reasonable amounts of money to defray the cost of operation,
48-48 maintenance and depreciation of capital improvements which can be
48-49 allocated to such pupils.
49-1 Sec. 59. NRS 392.035 is hereby amended to read as follows:
49-2 392.035 1. In determining the mobility of pupils in a school, for any
49-3 purpose, the department shall divide the sum of the following numbers by
49-4 the cumulative enrollment in the school:
49-5 (a) The number of late entries or transfers into a school from another
49-6 school, school district or state, after the beginning of the school year;
49-7 (b) The number of pupils reentering the school after having withdrawn
49-8 from the same school; and
49-9 (c) The number of pupils who withdraw for any reason or who are
49-10 dropped for nonattendance.
49-11 2. To determine the cumulative enrollment of the school pursuant to
49-12 subsection 1, the department shall add the total number of pupils enrolled
49-13 in programs of instruction in the school who are included in the count for
49-14 apportionment purposes pursuant to paragraphs (a) [, (b), (c), (e) and (f)] to
49-15 (d), inclusive, (f) and (g) of subsection 1 of NRS 387.123 and the number
49-16 of pupils included in paragraphs (a) and (b) of subsection 1.
49-17 3. The department shall develop and distribute to the county school
49-18 districts a form upon which the information necessary to the formula may
49-19 be submitted by the individual schools.
49-20 Sec. 60. NRS 392.040 is hereby amended to read as follows:
49-21 392.040 1. Except as otherwise provided by law, each parent,
49-22 custodial parent, guardian or other person in the State of Nevada having
49-23 control or charge of any child between the ages of 7 and 17 years shall
49-24 send the child to a public school during all the time the public school is in
49-25 session in the school district in which the child resides.
49-26 2. A child who is 5 years of age on or before September 30 of a school
49-27 year may be admitted to kindergarten at the beginning of that school year,
49-28 and his enrollment must be counted for purposes of apportionment. If a
49-29 child is not 5 years of age on or before September 30 of a school year, the
49-30 child must not be admitted to kindergarten.
49-31 3. Except as otherwise provided in subsection 4, a child who is 6 years
49-32 of age on or before September 30 of a school year must:
49-33 (a) If he has not completed kindergarten, be admitted to kindergarten at
49-34 the beginning of that school year; or
49-35 (b) If he has completed kindergarten, be admitted to the first grade at
49-36 the beginning of that school year,
49-37 and his enrollment must be counted for purposes of apportionment. If a
49-38 child is not 6 years of age on or before September 30 of a school year, the
49-39 child must not be admitted to the first grade until the beginning of the
49-40 school year following his sixth birthday.
49-41 4. The parents, custodial parent, guardian or other person within the
49-42 State of Nevada having control or charge of a child who is 6 years of age
49-43 on or before September 30 of a school year may elect for the child not to
49-44 attend kindergarten or the first grade during that year. The parents,
49-45 custodial parent, guardian or other person who makes such an election shall
49-46 file with the board of trustees of the appropriate school district a waiver in
49-47 a form prescribed by the board.
49-48 5. Whenever a child who is 6 years of age is enrolled in a public
49-49 school, each parent, custodial parent, guardian or other person in the State
50-1 of Nevada having control or charge of the child shall send him to the public
50-2 school during all the time the school is in session. This requirement for
50-3 attendance does not apply to any child under the age of 7 years who has not
50-4 yet been enrolled or has been formally withdrawn from enrollment in
50-5 public school.
50-6 6. A child who is 7 years of age on or before September 30 of a school
50-7 year must:
50-8 (a) If he has completed kindergarten and the first grade, be admitted to
50-9 the second grade.
50-10 (b) If he has completed kindergarten, be admitted to the first grade.
50-11 (c) If the parents, custodial parent, guardian or other person in the State
50-12 of Nevada having control or charge of the child waived the child’s
50-13 attendance from kindergarten pursuant to subsection 4, undergo an
50-14 assessment by the district pursuant to subsection 7 to determine whether
50-15 the child is prepared developmentally to be admitted to the first grade. If
50-16 the district determines that the child is prepared developmentally, he must
50-17 be admitted to the first grade. If the district determines that the child is not
50-18 so prepared, he must be admitted to kindergarten.
50-19 The enrollment of any child pursuant to this subsection must be counted for
50-20 apportionment purposes.
50-21 7. Each school district shall prepare and administer before the
50-22 beginning of each school year a developmental screening test to a child:
50-23 (a) Who is 7 years of age on or before September 30 of the next school
50-24 year; and
50-25 (b) Whose parents waived his attendance from kindergarten pursuant to
50-26 subsection 4,
50-27 to determine whether the child is prepared developmentally to be admitted
50-28 to the first grade. The results of the test must be made available to the
50-29 parents, custodial parent, guardian or other person within the State of
50-30 Nevada having control or charge of the child.
50-31 8. A child who becomes a resident of this state after completing
50-32 kindergarten or beginning first grade in another state in accordance with
50-33 the laws of that state may be admitted to the grade he was attending or
50-34 would be attending had he remained a resident of the other state regardless
50-35 of his age, unless the board of trustees of the school district determines that
50-36 the requirements of this section are being deliberately circumvented.
50-37 9. As used in this section, “kindergarten” includes:
50-38 (a) A kindergarten established by the board of trustees of a school
50-39 district pursuant to NRS 388.060; [and]
50-40 (b) A kindergarten established by the governing body of a charter
50-41 school; and
50-42 (c) An authorized program of instruction for kindergarten offered in a
50-43 child’s home pursuant to NRS 388.060.
50-44 Sec. 61. NRS 288.060 is hereby amended to read as follows:
50-45 288.060 “Local government employer” means any political
50-46 subdivision of this state or any public or quasi-public corporation
50-47 organized under the laws of this state and includes, without limitation,
50-48 counties, cities, unincorporated towns, school districts, charter schools,
50-49 hospital districts, irrigation districts and other special districts.
51-1 Sec. 62. Chapter 361 of NRS is hereby amended by adding thereto a
51-2 new section to read as follows:
51-3 1. All real and personal property that is leased or rented to a charter
51-4 school is hereby deemed to be used for an educational purpose and is
51-5 exempt from taxation. If the property is used partly for the lease or rental
51-6 to a charter school and partly for other purposes, only the portion of the
51-7 property that is used for the lease or rental to a charter school is exempt
51-8 pursuant to this subsection.
51-9 2. To qualify for an exemption pursuant to subsection 1, the property
51-10 owner must provide the county assessor with a copy of the lease or rental
51-11 agreement indicating that:
51-12 (a) The property is leased or rented to the charter school; and
51-13 (b) The amount of payment required by the charter school pursuant to
51-14 the agreement is reduced in an amount which is at least equal to the
51-15 amount of the tax that would have been imposed if the property were not
51-16 exempt pursuant to subsection 1.
51-17 Sec. 63. NRS 361.065 is hereby amended to read as follows:
51-18 361.065 All lots, buildings and other school property owned by any
51-19 legally created school district or charter school within the state and
51-20 devoted to public school purposes are exempt from taxation.
51-21 Sec. 64. Section 60 of chapter 606, Statutes of Nevada 1999, at page
51-22 3324, is hereby amended to read as follows:
51-23 Sec. 60. 1. This section and sections 56 and 57 of this act
51-24 become effective upon passage and approval.
51-25 2. Sections 1 to 12, inclusive, 13 to 16, inclusive, 18 to 24,
51-26 inclusive, 26 to 45, inclusive, 47 to 54, inclusive, and 58 and 59 of
51-27 this act become effective on July 1, 1999.
51-28 3. Sections 17, 25 and 46 of this act become effective at 12:01
51-29 a.m. on July 1, 1999.
51-30 4. [Section
12.5 of this act becomes effective on July 1, 2001.
51-31 5.] Section 55 of this act becomes
effective on July 1, [2003.] 2006.
51-32 Sec. 64.5. Section 1 of Senate Bill No. 243 of this session is hereby
51-33 amended to read as follows:
51-34 Section 1. NRS 386.595 is hereby amended to read as follows:
51-35 386.595 1. All employees of a charter school shall be deemed
51-36 public employees.
51-37 2. Except as otherwise provided in this subsection, the provisions
51-38 of the collective bargaining agreement entered into by the board of
51-39 trustees of the school district in which the charter school is located
51-40 apply to the terms and conditions of employment of employees of the
51-41 charter school who are on a leave of absence from the school district
51-42 pursuant to subsection 5, including, without limitation, any provisions
51-43 relating to representation by the employee organization that is a party
51-44 to the collective bargaining agreement of the school district in a
51-45 grievance proceeding or other dispute arising out of the agreement.
51-46 The provisions of the collective bargaining agreement apply to each
51-47 employee for the first 3 years that he is on a leave of absence from the
51-48 school district. After the first 3 years that the employee is on a leave
51-49 of absence:
52-1 (a) If he is subsequently reassigned by the school district pursuant
52-2 to subsection 5, he is covered by the collective bargaining agreement
52-3 of the school district.
52-4 (b) If he continues his employment with the charter school, he is
52-5 covered by the collective bargaining agreement of the charter school,
52-6 if applicable.
52-7 3. Except as otherwise provided in subsection 2, the governing
52-8 body of a charter school may make all employment decisions with
52-9 regard to its employees pursuant to NRS 391.311 to 391.3197,
52-10 inclusive, unless a collective bargaining agreement entered into by the
52-11 governing body pursuant to chapter 288 of NRS contains separate
52-12 provisions relating to the discipline of licensed employees of a school.
52-13 4. [If] Except as otherwise provided in this subsection, if the
52-14 written charter of a charter school is revoked[,] or if a charter school
52-15 ceases to operate as a charter school, the employees of the charter
52-16 school must be reassigned to employment within the school district in
52-17 accordance with the applicable collective bargaining agreement. A
52-18 school district is not required to reassign an employee of a charter
52-19 school pursuant to this subsection if the employee:
52-20 (a) Was not granted a leave of absence by the school district to
52-21 teach at the charter school pursuant to subsection 5; or
52-22 (b) Was granted a leave of absence by the school district and did
52-23 not submit a written request to return to employment with the school
52-24 district in accordance with subsection 5.
52-25 5. The board of trustees of a school district that is a sponsor of a
52-26 charter school shall grant a leave of absence, not to exceed 6 years, to
52-27 any employee who is employed by the board of trustees who requests
52-28 such a leave of absence to accept employment with the charter school.
52-29 After the first school year in which an employee is on a leave of
52-30 absence, he may return to his former teaching position with the board
52-31 of trustees. After the third school year, an employee who is on a leave
52-32 of absence may submit a written request to the board of trustees to
52-33 return to a comparable teaching position with the board of trustees.
52-34 After the sixth school year, an employee shall either submit a written
52-35 request to return to a comparable teaching position or resign from the
52-36 position for which his leave was granted. The board of trustees shall
52-37 grant a written request to return to a comparable position pursuant to
52-38 this subsection even if the return of the employee requires the board
52-39 of trustees to reduce the existing work force of the school district. The
52-40 board of trustees may require that a request to return to a teaching
52-41 position submitted pursuant to this subsection be submitted at least 90
52-42 days before the employee would otherwise be required to report to
52-43 duty.
52-44 6. An employee who is on a leave of absence from a school
52-45 district pursuant to this section shall contribute to and be eligible for
52-46 all benefits for which he would otherwise be entitled, including,
52-47 without limitation, participation in the public employees’ retirement
52-48 system and accrual of time for the purposes of leave and retirement.
52-49 The time during which such an employee is on leave of absence and
53-1 employed in a charter school does not count toward the acquisition of
53-2 permanent status with the school district.
53-3 7. Upon the return of a teacher to employment in the school
53-4 district, he is entitled to the same level of retirement, salary and any
53-5 other benefits to which he would otherwise be entitled if he had not
53-6 taken a leave of absence to teach in a charter school.
53-7 8. An employee of a charter school who is not on a leave of
53-8 absence from a school district is eligible for all benefits for which he
53-9 would be eligible for employment in a public school, including,
53-10 without limitation, participation in the public employees’ retirement
53-11 system.
53-12 9. For all employees of a charter school:
53-13 (a) The compensation that a teacher or other school employee
53-14 would have received if he were employed by the school district must
53-15 be used to determine the appropriate levels of contribution required of
53-16 the employee and employer for purposes of the public employees’
53-17 retirement system.
53-18 (b) The compensation that is paid to a teacher or other school
53-19 employee that exceeds the compensation that he would have received
53-20 if he were employed by the school district must not be included for
53-21 the purposes of calculating future retirement benefits of the employee.
53-22 10. If the board of trustees of a school district in which a charter
53-23 school is located manages a plan of group insurance for its employees,
53-24 the governing body of the charter school may negotiate with the board
53-25 of trustees to participate in the same plan of group insurance that the
53-26 board of trustees offers to its employees. If the employees of the
53-27 charter school participate in the plan of group insurance managed by
53-28 the board of trustees, the governing body of the charter school shall:
53-29 (a) Ensure that the premiums for that insurance are paid to the
53-30 board of trustees; and
53-31 (b) Provide, upon the request of the board of trustees, all
53-32 information that is necessary for the board of trustees to provide the
53-33 group insurance to the employees of the charter school.
53-34 Sec. 65. If the membership of the governing body of a charter school
53-35 that is in operation before July 1, 2002, does not comply with the
53-36 amendatory provisions of section 18 of this act, the charter school shall
53-37 make appropriate changes to the membership of the governing body and
53-38 otherwise take appropriate action to ensure that the governing body of the
53-39 charter school complies with the amendatory provisions of section 18 of
53-40 this act on or before July 1, 2002.
53-41 Sec. 66. Notwithstanding the provisions of subsection 1 of NRS
53-42 288.180 to the contrary, an employee organization established pursuant to
53-43 chapter 288 of NRS which desires to negotiate with the governing body of
53-44 a charter school:
53-45 1. Concerning a collective bargaining agreement intended to become
53-46 effective during the 2001-2002 school year; and
53-47 2. With respect to a subject of negotiation that requires the budgeting
53-48 of money,
54-1 must apply to the governing body for recognition on or before
54-2 September 1, 2001, and give the notice required by subsection 1 of NRS
54-3 288.180 on or before October 1, 2001.
54-4 Sec. 67. If a person accepts an offer of employment from a charter
54-5 school before the effective date of section 24 of this act and takes a leave
54-6 of absence from the school district in which the charter school is located,
54-7 the 3-year period provided in the amendatory provisions of subsection 2 of
54-8 section 24 of this act begins to run after the effective date of that section,
54-9 upon the renewal of any applicable collective bargaining agreement
54-10 entered into by the board of trustees of the school district.
54-11 Sec. 68. The state board of education shall consider sponsorship of
54-12 charter schools in accordance with the amendatory provisions of section 15
54-13 of this act for schools that will commence operation during or after the
54-14 2002-2003 school year.
54-15 Sec. 69. 1. On or before December 1, 2001, the state board of
54-16 education shall submit a draft of the regulations required by section 49 of
54-17 this act to the legislative committee on education for the review and
54-18 comment of the committee.
54-19 2. On or before February 1, 2002, the legislative committee on
54-20 education shall review the draft regulations and provide comment to the
54-21 state board.
54-22 3. On or before April 1, 2002, the state board shall adopt final
54-23 regulations required by section 49 of this act.
54-24 Sec. 70. The department of education shall accept applications to
54-25 provide programs of distance education in accordance with section 40 of
54-26 this act for programs that will commence operation with the 2002-2003
54-27 school year. If any deadlines contained within the regulations adopted by
54-28 the state board pursuant to section 49 of this act prohibit a school district or
54-29 charter school from submitting an application for the 2002-2003 school
54-30 year, the department shall grant a shorter period of time for the school
54-31 district or charter school to submit an application for the 2002-2003 school
54-32 year, notwithstanding the provisions of those regulations.
54-33 Sec. 71. If a school district or charter school has provided before June
54-34 1, 2001, a program that includes distance education in accordance with all
54-35 applicable statutes and regulations, the school district or charter school
54-36 may continue to offer that program for the 2001-2002 school year if the
54-37 school district or charter school provides written notice of the existence of
54-38 the program to the department of education on or before July 1, 2001. After
54-39 the 2001-2002 school year, the school district or charter school must
54-40 comply with sections 35 to 49, inclusive, of this act, if it desires to continue
54-41 the program. The provisions of this section apply to a charter school
54-42 regardless of whether the terms of the written charter of the charter school
54-43 authorize the charter school to provide a program that includes distance
54-44 education.
54-45 Sec. 72. The department of education shall provide the financial
54-46 support necessary for the school districts and charter schools to incorporate
54-47 charter schools into the statewide automated system of information
54-48 concerning pupils pursuant to the amendatory provisions of sections 27 and
54-49 28 of this act.
55-1 Sec. 73. The amendatory provisions of this act do not apply to
55-2 offenses committed before July 1, 2001.
55-3 Sec. 74. Section 12.5 of chapter 606, Statutes of Nevada 1999, at page
55-4 3292, is hereby repealed.
55-5 Sec. 75. 1. This section and sections 24, 64, 66 and 67 of this act
55-6 become effective upon passage and approval.
55-7 2. Sections 3 to 12, inclusive, 14, 16 to 19, inclusive, 21, 22, 23, 27,
55-8 28, 56, 60 to 63, inclusive, 65, and 68 to 74, inclusive, of this act become
55-9 effective on July 1, 2001.
55-10 3. Sections 57 and 64.5 of this act become effective at 12:01 a.m. on
55-11 July 1, 2001.
55-12 4. Sections 1, 2, 13, 15, 20, 25, 26, 29, 30 to 55, inclusive, 58 and 59
55-13 of this act become effective on July 1, 2002.
55-14 TEXT OF REPEALED SECTION
55-15 Section 12.5 of chapter 606, Statutes of Nevada 1999:
55-16 Sec. 12.5. NRS 386.510 is hereby amended to read as follows:
55-17 386.510 1. Except as otherwise provided in subsection 2:
55-18 (a) In a county whose population is more than 400,000, [two] four
55-19 charter schools may be formed per every 75,000 pupils who are
55-20 enrolled in public schools in the county school district.
55-21 (b) In a county whose population is more than 100,000 but less
55-22 than 400,000, [two] four charter schools may be formed.
55-23 (c) In a county whose population is less than 100,000, one charter
55-24 school may be formed.
55-25 2. The limitations set forth in subsection 1 do not apply to charter
55-26 schools that are dedicated to providing educational programs and
55-27 opportunities for pupils who are at risk.
55-28 H