Assembly Bill No. 264–Assemblymen Giunchigliani, Williams, Anderson, Atkinson, Arberry, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Koivisto, Leslie, Manendo, McClain, Mortenson, Oceguera, Parks, Perkins and Pierce

 

March 10, 2003

____________

 

Referred to Concurrent Committees on Education
and Ways and Means

 

SUMMARY—Makes various changes governing education. (BDR 34‑62)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                             Effect on the State: Contains Appropriation not included in Executive Budget.

 

CONTAINS UNFUNDED MANDATE (§§ 18, 19, 23, 33, 34, 41, 70)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to education; providing in skeleton form for the abolishment of certain county school districts; providing in skeleton form that the public schools within the abolished county school districts are under the direction and control of certain other school districts; authorizing boards of trustees of school districts to establish programs for the care of children on school property and programs to provide health care for certain persons; revising provisions governing the calculation of basic support for pupils who are enrolled in kindergarten for a full school day; requiring boards of trustees of school districts to establish magnet schools; increasing the number of days of school during a school year; requiring public schools to administer a reading comprehension examination to pupils who are enrolled at or above the 4th grade; requiring school districts to establish programs to administer achievement and proficiency examinations on

the weekends in certain schools; revising provisions governing textbooks; requiring licensed teachers to work a certain number of hours per school day; authorizing the employment of a person as a school principal who does not hold a license as an administrator under certain circumstances; authorizing the parents and guardians of certain pupils to choose which public schools the pupils will attend; requiring boards of trustees of school districts to purchase retirement credit for certain teachers; prescribing the minimum number of credits required for promotion to high school; providing that certain children who are at-risk must be admitted to kindergarten for a full school day; requiring homeschooled children to take certain achievement and proficiency examinations; revising provisions governing the plan required of each public school for the progressive discipline and on-site review of disciplinary decisions regarding pupils; specifying the terms of certain members on a committee to review the temporary alternative placement of pupils; authorizing the Board of Regents of the University of Nevada to administer a program of loans for students who are enrolled in teaching programs; making appropriations; requiring boards of trustees of school districts to pay a minimum starting salary for teachers and prohibiting the payment of signing bonuses; 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. Chapter 386 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  The board of trustees of a school district may

1-4  authorize a local government located within the school district or

1-5  the private sector, or both, to establish a program for the care of

1-6  children on the property of a school within the school district.

1-7  2.  A board of trustees that authorizes such a program shall:

1-8  (a) Adopt written rules providing for the administration of the

1-9  program; and

1-10      (b) Make the rules available, upon request, for public

1-11  inspection.

1-12      3.  The provisions of NRS 393.071 to 393.0719, inclusive, do

1-13  not apply to the use of school property by a board of trustees for

1-14  the operation of a program for the care of children pursuant to

1-15  this section.

2-1  Sec. 3.  1.  The board of trustees of a school district may, in

2-2  consultation with the local governments located within the school

2-3  district or representatives from the private sector, or both:

2-4  (a) Establish a program to provide, at various schools in the

2-5  district, health care and other social services for pupils, family

2-6  members of pupils and other persons who reside in the district.

2-7  (b) To facilitate the establishment of such a program, enter

2-8  into an interlocal agreement with the board of county

2-9  commissioners of the county in which the school district is located

2-10  concerning the provision of health care and other social services.

2-11      2.  The board of trustees of a school district that establishes a

2-12  program to provide health care and other social services shall:

2-13      (a) Hold at least three public meetings concerning the

2-14  administration of the program;

2-15      (b) Adopt written rules providing for the administration of the

2-16  program; and

2-17      (c) Make the rules available, upon request, for public

2-18  inspection.

2-19      3.  A program to provide health care and other social services

2-20  pursuant to this section must:

2-21      (a) Provide for the imposition of reasonable fees for the

2-22  provision of services and a schedule of alternative fees for those

2-23  persons who demonstrate that they require financial assistance;

2-24  and

2-25      (b) Include at least one mobile unit that provides health

2-26  services to persons who reside in rural areas.

2-27      4.  The provisions of NRS 393.071 to 393.0719, inclusive, do

2-28  not apply to the use of school property by a board of trustees for

2-29  the operation of a program to provide health care and other social

2-30  services pursuant to this section.

2-31      5.  As used in this section, “social services” includes, without

2-32  limitation:

2-33      (a) Public assistance as that term is defined in NRS 422.050;

2-34      (b) Medicaid; and

2-35      (c) Services to aging persons as described in chapter 427A of

2-36  NRS.

2-37      Sec. 4.  NRS 386.010 is hereby amended to read as follows:

2-38      386.010  1.  [County] Except as otherwise provided in

2-39  subsection 2, county school districts, the boundaries of which are

2-40  conterminous with the boundaries of the counties of the State, are

2-41  hereby created. The Carson City School District shall be considered

2-42  as a county school district.

2-43      2.  The public schools within:

2-44      (a) Lincoln County are under the direction and control of the

2-45  Clark County School District;

3-1  (b) Esmeralda County are under the direction and control of

3-2  the Nye County School District; and

3-3  (c) Storey County are under the direction and control of the

3-4  Washoe County School District.

3-5  3.  Each county school district created by this chapter is hereby

3-6  declared to be a political subdivision of the State of Nevada whose

3-7  purpose is to administer the state system of public education.

3-8  [3.] 4.  Each school district shall have the power to sue and

3-9  may be sued.

3-10      Sec. 5.  NRS 386.030 is hereby amended to read as follows:

3-11      386.030  1.  Every county school district shall be designated

3-12  by the name and style of “................ School District” [(] , except as

3-13  otherwise provided in subsection 2, using the name of the county or

3-14  city the boundaries of which are conterminous with the boundaries

3-15  of the county school district . [).]

3-16      2.  The school district that includes the public schools within

3-17  both:

3-18      (a) Clark County and Lincoln County shall be deemed the

3-19  Clark County School District.

3-20      (b) Nye County and Esmeralda County shall be deemed the

3-21  Nye County School District.

3-22      (c) Washoe County and Storey County shall be deemed the

3-23  Washoe County School District.

3-24      Sec. 6.  NRS 386.110 is hereby amended to read as follows:

3-25      386.110  1.  The trustees of a school district shall constitute a

3-26  board, which is hereby created a body corporate.

3-27      2.  The board of trustees of a county school district shall be

3-28  designated by the name and style of “The Board of Trustees of the

3-29  ................ School District” [(] , except as otherwise provided in

3-30  subsection 3, using the name of the county or city the boundaries of

3-31  which are conterminous with the boundaries of the county school

3-32  district . [).]

3-33      3.  The board of trustees of the school district that includes the

3-34  public schools within both:

3-35      (a) Clark County and Lincoln County shall be deemed the

3-36  Board of Trustees of the Clark County School District.

3-37      (b) Nye County and Esmeralda County shall be deemed the

3-38  Board of Trustees of the Nye County School District.

3-39      (c) Washoe County and Storey County shall be deemed the

3-40  Board of Trustees of the Washoe County School District.

3-41      Sec. 7.  NRS 386.120 is hereby amended to read as follows:

3-42      386.120  1.  Theboard of trustees of a county school district

3-43  consists of five or seven members as follows:

3-44      (a) [If] Except as otherwise provided in subsection 2, if 1,000

3-45  or more pupils were enrolled during the school year next preceding

4-1  any general election, the board of trustees consists of seven

4-2  members. Except in school districts in which more than 25,000

4-3  pupils are enrolled, the members of the board must be elected at

4-4  large until such time as an alternate manner of election is adopted

4-5  pursuant to NRS 386.200 or NRS 386.205, 386.215 and 386.225.

4-6  (b) If fewer than 1,000 pupils were enrolled during the school

4-7  year next preceding any general election, the board of trustees

4-8  consists of five members. The members of the board must be elected

4-9  as provided in NRS 386.160 until such time as an alternate manner

4-10  of election is adopted pursuant to NRS 386.200 or NRS 386.205,

4-11  386.215 and 386.225.

4-12      (c) If 1,000 or more, but fewer than 1,500 pupils were enrolled

4-13  during the school year next preceding any general election, the

4-14  board of trustees consists of seven members unless the board, on or

4-15  before December 1 in any year before a general election will be

4-16  held, adopts a resolution specifying that the board will consist of

4-17  five members. If the board consists of seven members, the election

4-18  of members is governed by paragraph (a). If the board consists of

4-19  five members, the election of members is governed by

4-20  paragraph (b).

4-21      2.  The board of trustees of the:

4-22      (a) Clark County School District consists of one additional

4-23  member as set forth in subsection 2 of NRS 386.165.

4-24      (b) Washoe County School District consists of one additional

4-25  member as set forth in subsection 4 of NRS 386.165.

4-26      (c) Nye County School District consists of one additional

4-27  member as set forth in NRS 386.200 or 386.205, as applicable.

4-28      3.  Before the adoption of a resolution pursuant to paragraph (c)

4-29  of subsection 1, the board of trustees shall post conspicuously, in

4-30  three different places in the school district, a notice containing in

4-31  full the text of the resolution with the date upon which the board of

4-32  trustees of the school district is to meet to act upon the resolution.

4-33  Posting of the notice must be made not less than 10 days before the

4-34  date fixed in the resolution for action thereon.

4-35      [3.] 4.  If a board of trustees adopts a resolution pursuant to

4-36  paragraph (c) of subsection 1, it must transmit a copy of the

4-37  resolution to the Superintendent of Public Instruction on or before

4-38  December 15 of the year before the general election will be held.

4-39      Sec. 8.  NRS 386.165 is hereby amended to read as follows:

4-40      386.165  1.  In each county school district in which more than

4-41  75,000 pupils are enrolled, the board of trustees shall establish seven

4-42  election districts for school trustees. The districts must be:

4-43      (a) As nearly equal in population as practicable; and

4-44      (b) Composed of contiguous territory.

5-1  2.  In addition to the election districts created pursuant to

5-2  subsection 1, the voters of Lincoln County shall constitute a single

5-3  election district for the election of one additional trustee to serve

5-4  on the Board of Trustees of the Clark County School District.

5-5  3.  In each county school district in which more than 25,000

5-6  pupils but not more than 75,000 pupils are enrolled, the board of

5-7  trustees shall establish seven election districts for school trustees, as

5-8  follows:

5-9  (a) Five districts which are as nearly equal in population as

5-10  practicable, each of which includes approximately one-fifth of the

5-11  population of the county; and

5-12      (b) Two districts which are as nearly equal in population as

5-13  practicable, each of which includes approximately one-half of the

5-14  population of the county.

5-15  The districts must be composed of contiguous territory.

5-16      [3.] 4.  In addition to the election districts created pursuant to

5-17  subsection 3, the voters of Storey County shall constitute a single

5-18  election district for the election of one additional trustee to serve

5-19  on the Board of Trustees of the Washoe County School District.

5-20      5.  Each trustee of a school district to which this section applies

5-21  must reside in the election district which he represents and be

5-22  elected by the voters of that election district.

5-23      [4.] 6.  In each school district in which more than 25,000 pupils

5-24  are enrolled, the term of a school trustee is 4 years. Three trustees

5-25  must be elected at the general election of 1982 , and four trustees

5-26  must be elected at the general election of 1984.

5-27      Sec. 9.  NRS 386.200 is hereby amended to read as follows:

5-28      386.200  1.  In addition to the manner of election provided in

5-29  NRS 386.205, 386.215 and 386.225, the trustees of a county school

5-30  district may be elected from school trustee election areas in the

5-31  alternate manner provided in this section.

5-32      2.  Within 30 days before May 1 of any year in which a general

5-33  election is to be held in the State, 10 percent or more of the

5-34  registered voters of a county school district in which 25,000 or

5-35  fewer pupils are enrolled may file a written petition with the board

5-36  of county commissioners of the county praying for the creation of

5-37  school trustee election areas within the county school district in the

5-38  manner provided in this section. The petition must specify with

5-39  particularity the school trustee election areas proposed to be created,

5-40  the number of trustees to be elected from each area, and the manner

5-41  of their nomination and election. If the petition provides for the

5-42  election of trustees of the Nye County School District, the petition

5-43  must include an election area comprised solely of the voters of

5-44  Esmeralda County for the election of one additional trustee to the

5-45  Board of Trustees of the Nye County School District. The number

6-1  of school trustee election areas proposed must not exceed the

6-2  number of trustees authorized by law for the particular county

6-3  school district. The description of the proposed school trustee

6-4  election areas need not be given by metes and bounds or by legal

6-5  subdivisions, but must be sufficient to enable a person to ascertain

6-6  what territory is proposed to be included within a particular school

6-7  trustee election area. The signatures to the petition need not all be

6-8  appended to one paper, but each signer must add to his name his

6-9  place of residence, giving the street and number whenever

6-10  practicable. One of the signers of each paper shall swear or affirm,

6-11  before a person competent to administer oaths, that each signature to

6-12  the paper appended is the genuine signature of the person whose

6-13  name it purports to be.

6-14      3.  Immediately after the receipt of the petition, the board of

6-15  county commissioners shall fix a date for a public hearing to be held

6-16  during the month of May, and shall give notice thereof by

6-17  publication at least once in a newspaper published in the county, or

6-18  if no such newspaper is published therein then in a newspaper

6-19  published in the State of Nevada and having a general circulation in

6-20  the county. The costs of publication of the notice is a proper charge

6-21  against the county school district fund.

6-22      4.  If, as a result of the public hearing, the board of county

6-23  commissioners finds that the creation of school trustee election areas

6-24  within the county school district is desirable, the board of county

6-25  commissioners shall, by resolution regularly adopted before June 1,

6-26  divide the county school district into the number of school trustee

6-27  election areas specified in the petition, designate them by number

6-28  and define their boundaries. The territory comprising each school

6-29  trustee election area must be contiguous. The resolution must further

6-30  set forth the number of trustees to be elected from each school

6-31  trustee election area and the manner of their nomination and

6-32  election. If the petition is for the Nye County School District, the

6-33  resolution must include an election area comprised solely of the

6-34  voters of Esmeralda County for the election of one additional

6-35  trustee to the Board of Trustees of the Nye County School District.

6-36      5.  Before June 1 and immediately following the adoption of the

6-37  resolution creating school trustee election areas within a county

6-38  school district, the clerk of the board of county commissioners shall

6-39  transmit a certified copy of the resolution to the Superintendent of

6-40  Public Instruction.

6-41      6.  Upon the creation of school trustee election areas within a

6-42  county school district , the terms of office of all trustees then in

6-43  office expire on the 1st Monday of January thereafter next following

6-44  a general election. At the general election held following the

6-45  creation of school trustee election areas within a county school

7-1  district, school trustees to represent the odd-numbered school trustee

7-2  election areas must be elected for terms of 4 years and school

7-3  trustees to represent the even-numbered school trustee election areas

7-4  must be elected for terms of 2 years. Thereafter, at each general

7-5  election, the offices of school trustees must be filled for terms of 4

7-6  years in the order in which the terms of office expire.

7-7  7.  A candidate for the office of trustee of a county school

7-8  district in which school trustee election areas have been created

7-9  must be a qualified elector and a resident of the school trustee

7-10  election area which he seeks to represent.

7-11      8.  [The] Except as otherwise provided in this subsection, the

7-12  board of county commissioners may by resolution change the

7-13  boundaries of school trustee election areas or the manner of

7-14  nomination or election of school trustees after:

7-15      (a) Holding a public hearing of which notice must be given as

7-16  provided in subsection 3; and

7-17      (b) Receiving, at the hearing or by resolution, the consent of the

7-18  board of trustees of the school district.

7-19  In no event may the election area comprised of Esmeralda County

7-20  be changed pursuant to this subsection.

7-21      9.  If the Superintendent of Public Instruction certifies to the

7-22  county clerk that the enrollment of pupils during the preceding

7-23  school year in a county school district was less than 1,000, or was

7-24  1,000 or more but less than 1,500 in a district in which the board of

7-25  trustees has adopted a resolution in accordance with NRS 386.120

7-26  specifying that the board will consist of five members, and the board

7-27  of trustees of the county school district is composed of seven elected

7-28  members based upon a previous enrollment of 1,000 or more, the

7-29  board of county commissioners shall alter the school trustee election

7-30  areas or change the number of trustees to be elected from the areas,

7-31  or the manner of their nomination and election, as may be necessary

7-32  to provide for reduction of the membership of the board of trustees

7-33  of the county school board from seven to five members, and only

7-34  five school trustees may thereafter be nominated and elected at the

7-35  forthcoming elections.

7-36      10.  If the Superintendent of Public Instruction certifies to the

7-37  county clerk that the enrollment of pupils during the preceding

7-38  school year in a county school district was 1,000 or more, and the

7-39  board of trustees of the county school district is composed of five

7-40  elected members, the board of county commissioners shall alter the

7-41  school trustee election areas or change the number of trustees to be

7-42  elected from the areas, or the manner of their nomination and

7-43  election, as may be necessary to provide for increasing the

7-44  membership of the board of trustees of the county school district

8-1  from five to seven members, and two additional school trustees must

8-2  thereafter be nominated and elected at the forthcoming elections.

8-3  11.  The provisions of subsection 10 do not apply in a school

8-4  district in which the pupil enrollment during the preceding school

8-5  year was 1,000 or more but less than 1,500, and in which the board

8-6  of trustees of the school district has adopted a resolution specifying

8-7  that the board will consist of five members.

8-8  Sec. 10.  NRS 386.205 is hereby amended to read as follows:

8-9  386.205  1.  In any county school district in which not more

8-10  than 25,000 pupils are enrolled, the board of trustees may adopt a

8-11  resolution dividing the geographical area of the school district into a

8-12  number of election districts identical to the number of trustees.

8-13      2.  If the resolution is adopted for the Nye County School

8-14  District, the resolution must include an election district comprised

8-15  solely of the voters of Esmeralda County for the election of one

8-16  additional trustee to the Board of Trustees of the Nye County

8-17  School District.

8-18      [2.] 3.  The election districts must:

8-19      (a) Be single-member districts.

8-20      (b) Be formed with reference to assembly districts as far as is

8-21  practicable.

8-22      (c) Have nearly equal populations as far as is practicable.

8-23      [3.] 4.  This section does not authorize any change in the

8-24  number of members of the board of trustees.

8-25      [4.] 5.  If a board of trustees adopts a resolution pursuant to this

8-26  section, the members of the board continue to hold office until the

8-27  next following general election.

8-28      [5.] 6.  As used in this section, unless the context otherwise

8-29  requires, “assembly district” means any district created pursuant to

8-30  the provisions of chapter 218 of NRS for the election of

8-31  Assemblymen.

8-32      Sec. 11.  NRS 386.225 is hereby amended to read as follows:

8-33      386.225  1.  Election districts created pursuant to NRS

8-34  386.205 may be constructed so that the:

8-35      (a) Voters in each election district elect a trustee to represent

8-36  them; or

8-37      (b) [Trustees] Except as otherwise provided in subsection 2 of

8-38  NRS 386.205, trustees are elected by all of the voters in the county

8-39  school district.

8-40  In either case, each trustee must be a resident of the election district

8-41  which he represents throughout his term of office.

8-42      2.  The board of trustees shall adopt a resolution, after a public

8-43  hearing on the matter, determining whether each trustee will be

8-44  elected solely by the voters in his election district or , except as

9-1  otherwise provided in subsection 2 of NRS 386.205, all of the

9-2  voters in the county school district.

9-3  Sec. 12.  NRS 386.550 is hereby amended to read as follows:

9-4  386.550  1.  A charter school shall:

9-5  (a) Comply with all laws and regulations relating to

9-6  discrimination and civil rights.

9-7  (b) Remain nonsectarian, including, without limitation, in its

9-8  educational programs, policies for admission and employment

9-9  practices.

9-10      (c) Refrain from charging tuition or fees, levying taxes or

9-11  issuing bonds.

9-12      (d) Comply with any plan for desegregation ordered by a court

9-13  that is in effect in the school district in which the charter school is

9-14  located.

9-15      (e) Comply with the provisions of chapter 241 of NRS.

9-16      (f) Except as otherwise provided in this paragraph, schedule and

9-17  provide annually at least as many days of instruction as are required

9-18  of other public schools located in the same school district as the

9-19  charter school is located. The governing body of a charter school

9-20  may submit a written request to the Superintendent of Public

9-21  Instruction for a waiver from providing the days of instruction

9-22  required by this paragraph. The Superintendent of Public Instruction

9-23  may grant such a request if the governing body demonstrates to the

9-24  satisfaction of the Superintendent that:

9-25          (1) Extenuating circumstances exist to justify the waiver; and

9-26          (2) The charter school will provide at least as many hours or

9-27  minutes of instruction as would be provided under a program

9-28  consisting of [180] 185 days.

9-29      (g) Cooperate with the board of trustees of the school district in

9-30  the administration of the achievement and proficiency examinations

9-31  administered pursuant to NRS 389.015 and the examinations

9-32  required pursuant to NRS 389.550 to the pupils who are enrolled in

9-33  the charter school.

9-34      (h) Comply with applicable statutes and regulations governing

9-35  the achievement and proficiency of pupils in this state.

9-36      (i) Provide instruction in the core academic subjects set forth in

9-37  subsection 1 of NRS 389.018, as applicable for the grade levels of

9-38  pupils who are enrolled in the charter school, and provide at least

9-39  the courses of study that are required of pupils by statute or

9-40  regulation for promotion to the next grade or graduation from a

9-41  public high school and require the pupils who are enrolled in the

9-42  charter school to take those courses of study. This paragraph does

9-43  not preclude a charter school from offering, or requiring the pupils

9-44  who are enrolled in the charter school to take, other courses of study

9-45  that are required by statute or regulation.

10-1      (j) If the parent or legal guardian of a child submits an

10-2  application to enroll in kindergarten, first grade or second grade at

10-3  the charter school, comply with NRS 392.040 regarding the ages for

10-4  enrollment in those grades.

10-5      (k) Refrain from using public money to purchase real property

10-6  or buildings without the approval of the sponsor.

10-7      (l) Hold harmless, indemnify and defend the sponsor of the

10-8  charter school against any claim or liability arising from an act or

10-9  omission by the governing body of the charter school or an

10-10  employee or officer of the charter school. An action at law may not

10-11  be maintained against the sponsor of a charter school for any cause

10-12  of action for which the charter school has obtained liability

10-13  insurance.

10-14     (m) Provide written notice to the parents or legal guardians of

10-15  pupils in grades 9 to 12, inclusive, who are enrolled in the charter

10-16  school of whether the charter school is accredited by the

10-17  Commission on Schools of the Northwest Association of Schools

10-18  and Colleges.

10-19     (n) Adopt a final budget in accordance with the regulations

10-20  adopted by the Department. A charter school is not required to adopt

10-21  a final budget pursuant to NRS 354.598 or otherwise comply with

10-22  the provisions of chapter 354 of NRS.

10-23     (o) If the charter school provides a program of distance

10-24  education pursuant to NRS 388.820 to 388.874, inclusive, comply

10-25  with all statutes and regulations that are applicable to a program of

10-26  distance education for purposes of the operation of the program.

10-27     2.  A charter school shall not provide instruction through a

10-28  program of distance education to children who are exempt from

10-29  compulsory attendance authorized by the State Board pursuant to

10-30  subsection 1 of NRS 392.070. As used in this subsection, “distance

10-31  education” has the meaning ascribed to it in NRS 388.826.

10-32     Sec. 13.  NRS 386.550 is hereby amended to read as follows:

10-33     386.550  1.  A charter school shall:

10-34     (a) Comply with all laws and regulations relating to

10-35  discrimination and civil rights.

10-36     (b) Remain nonsectarian, including, without limitation, in its

10-37  educational programs, policies for admission and employment

10-38  practices.

10-39     (c) Refrain from charging tuition or fees, levying taxes or

10-40  issuing bonds.

10-41     (d) Comply with any plan for desegregation ordered by a court

10-42  that is in effect in the school district in which the charter school is

10-43  located.

10-44     (e) Comply with the provisions of chapter 241 of NRS.

11-1      (f) Except as otherwise provided in this paragraph, schedule and

11-2  provide annually at least as many days of instruction as are required

11-3  of other public schools located in the same school district as the

11-4  charter school is located. The governing body of a charter school

11-5  may submit a written request to the Superintendent of Public

11-6  Instruction for a waiver from providing the days of instruction

11-7  required by this paragraph. The Superintendent of Public Instruction

11-8  may grant such a request if the governing body demonstrates to the

11-9  satisfaction of the Superintendent that:

11-10         (1) Extenuating circumstances exist to justify the waiver; and

11-11         (2) The charter school will provide at least as many hours or

11-12  minutes of instruction as would be provided under a program

11-13  consisting of [185] 190 days.

11-14     (g) Cooperate with the board of trustees of the school district in

11-15  the administration of the achievement and proficiency examinations

11-16  administered pursuant to NRS 389.015 and the examinations

11-17  required pursuant to NRS 389.550 to the pupils who are enrolled in

11-18  the charter school.

11-19     (h) Comply with applicable statutes and regulations governing

11-20  the achievement and proficiency of pupils in this state.

11-21     (i) Provide instruction in the core academic subjects set forth in

11-22  subsection 1 of NRS 389.018, as applicable for the grade levels of

11-23  pupils who are enrolled in the charter school, and provide at least

11-24  the courses of study that are required of pupils by statute or

11-25  regulation for promotion to the next grade or graduation from a

11-26  public high school and require the pupils who are enrolled in the

11-27  charter school to take those courses of study. This paragraph does

11-28  not preclude a charter school from offering, or requiring the pupils

11-29  who are enrolled in the charter school to take, other courses of study

11-30  that are required by statute or regulation.

11-31     (j) If the parent or legal guardian of a child submits an

11-32  application to enroll in kindergarten, first grade or second grade at

11-33  the charter school, comply with NRS 392.040 regarding the ages for

11-34  enrollment in those grades.

11-35     (k) Refrain from using public money to purchase real property

11-36  or buildings without the approval of the sponsor.

11-37     (l) Hold harmless, indemnify and defend the sponsor of the

11-38  charter school against any claim or liability arising from an act or

11-39  omission by the governing body of the charter school or an

11-40  employee or officer of the charter school. An action at law may not

11-41  be maintained against the sponsor of a charter school for any cause

11-42  of action for which the charter school has obtained liability

11-43  insurance.

11-44     (m) Provide written notice to the parents or legal guardians of

11-45  pupils in grades 9 to 12, inclusive, who are enrolled in the charter

12-1  school of whether the charter school is accredited by the

12-2  Commission on Schools of the Northwest Association of Schools

12-3  and Colleges.

12-4      (n) Adopt a final budget in accordance with the regulations

12-5  adopted by the Department. A charter school is not required to adopt

12-6  a final budget pursuant to NRS 354.598 or otherwise comply with

12-7  the provisions of chapter 354 of NRS.

12-8      (o) If the charter school provides a program of distance

12-9  education pursuant to NRS 388.820 to 388.874, inclusive, comply

12-10  with all statutes and regulations that are applicable to a program of

12-11  distance education for purposes of the operation of the program.

12-12     2.  A charter school shall not provide instruction through a

12-13  program of distance education to children who are exempt from

12-14  compulsory attendance authorized by the State Board pursuant to

12-15  subsection 1 of NRS 392.070. As used in this subsection, “distance

12-16  education” has the meaning ascribed to it in NRS 388.826.

12-17     Sec. 14.  NRS 387.1233 is hereby amended to read as follows:

12-18     387.1233  1.  Except as otherwise provided in subsection 2,

12-19  basic support of each school district must be computed by:

12-20     (a) Multiplying the basic support guarantee per pupil established

12-21  for that school district for that school year by the sum of:

12-22         (1) [Six-tenths] Except for those pupils enrolled in

12-23  kindergarten who are counted pursuant to subparagraph (2), six-

12-24  tenths the count of pupils enrolled in the kindergarten department

12-25  on the last day of the first school month of the school district for the

12-26  school year, including, without limitation, the count of pupils who

12-27  reside in the county and are enrolled in any charter school on the last

12-28  day of the first school month of the school district for the school

12-29  year.

12-30         (2) The count of pupils enrolled in kindergarten for a full

12-31  school day and the count of pupils enrolled in grades 1 to 12,

12-32  inclusive, on the last day of the first school month of the school

12-33  district for the school year, including, without limitation, the count

12-34  of pupils who reside in the county and are enrolled in any charter

12-35  school on the last day of the first school month of the school district

12-36  for the school year.

12-37         (3) The count of pupils not included under subparagraph (1)

12-38  or (2) who are enrolled full-time in a program of distance education

12-39  provided by that school district or a charter school located within

12-40  that school district on the last day of the first school month of the

12-41  school district for the school year.

12-42         (4) The count of pupils who reside in the county and are

12-43  enrolled:

12-44             (I) In a public school of the school district and are

12-45  concurrently enrolled part-time in a program of distance education

13-1  provided by another school district or a charter school on the last

13-2  day of the first school month of the school district for the school

13-3  year, expressed as a percentage of the total time services are

13-4  provided to those pupils per school day in proportion to the total

13-5  time services are provided during a school day to pupils who are

13-6  counted pursuant to subparagraph (2).

13-7              (II) In a charter school and are concurrently enrolled part-

13-8  time in a program of distance education provided by a school district

13-9  or another charter school on the last day of the first school month of

13-10  the school district for the school year, expressed as a percentage of

13-11  the total time services are provided to those pupils per school day in

13-12  proportion to the total time services are provided during a school

13-13  day to pupils who are counted pursuant to subparagraph (2).

13-14         (5) The count of pupils not included under subparagraph (1),

13-15  (2), (3) or (4), who are receiving special education pursuant to the

13-16  provisions of NRS 388.440 to 388.520, inclusive, on the last day of

13-17  the first school month of the school district for the school year,

13-18  excluding the count of pupils who have not attained the age of 5

13-19  years and who are receiving special education pursuant to

13-20  subsection 1 of NRS 388.490 on that day.

13-21         (6) Six-tenths the count of pupils who have not attained the

13-22  age of 5 years and who are receiving special education pursuant to

13-23  subsection 1 of NRS 388.490 on the last day of the first school

13-24  month of the school district for the school year.

13-25         (7) The count of children detained in detention homes,

13-26  alternative programs and juvenile forestry camps receiving

13-27  instruction pursuant to the provisions of NRS 388.550, 388.560 and

13-28  388.570 on the last day of the first school month of the school

13-29  district for the school year.

13-30         (8) The count of pupils who are enrolled in classes for at

13-31  least one semester pursuant to subsection 4 of NRS 386.560,

13-32  subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070,

13-33  expressed as a percentage of the total time services are provided to

13-34  those pupils per school day in proportion to the total time services

13-35  are provided during a school day to pupils who are counted pursuant

13-36  to subparagraph (2).

13-37     (b) Multiplying the number of special education program units

13-38  maintained and operated by the amount per program established for

13-39  that school year.

13-40     (c) Adding the amounts computed in paragraphs (a) and (b).

13-41     2.  If the enrollment of pupils in a school district or a charter

13-42  school that is located within the school district on the last day of the

13-43  first school month of the school district for the school year is less

13-44  than the enrollment of pupils in the same school district or charter

13-45  school on the last day of the first school month of the school district

14-1  for either or both of the immediately preceding 2 school years, the

14-2  largest number must be used from among the 3 years for purposes of

14-3  apportioning money from the State Distributive School Account to

14-4  that school district or charter school pursuant to NRS 387.124.

14-5      3.  Pupils who are excused from attendance at examinations or

14-6  have completed their work in accordance with the rules of the board

14-7  of trustees must be credited with attendance during that period.

14-8      4.  Pupils who are incarcerated in a facility or institution

14-9  operated by the Department of Corrections must not be counted for

14-10  the purpose of computing basic support pursuant to this section. The

14-11  average daily attendance for such pupils must be reported to the

14-12  Department.

14-13     5.  Pupils who are enrolled in courses which are approved by

14-14  the Department as meeting the requirements for an adult to earn a

14-15  high school diploma must not be counted for the purpose of

14-16  computing basic support pursuant to this section.

14-17     Sec. 15.  Chapter 388 of NRS is hereby amended by adding

14-18  thereto a new section to read as follows:

14-19     1.  The board of trustees of each school district shall establish

14-20  at least one magnet school at the:

14-21     (a) Elementary school level;

14-22     (b) Junior high or middle school level; and

14-23     (c) High school level.

14-24     2.  The board of trustees of each school district shall ensure

14-25  that a parent or guardian of a pupil who is enrolled in the school

14-26  district is allowed to submit an application to attend a magnet

14-27  school pursuant to section 45 of this act, regardless of the zone of

14-28  attendance of the pupil.

14-29     3.  As used in this section, “magnet school” means a school

14-30  that offers courses of study and programs which are designed to

14-31  serve the special talents and academic abilities of pupils or

14-32  emphasize a particular area, field or topic of instruction, or both.

14-33     Sec. 16.  NRS 388.040 is hereby amended to read as follows:

14-34     388.040  1.  Except as otherwise provided in subsection 2, the

14-35  board of trustees of a school district that includes more than one

14-36  school which offers instruction in the same grade or grades may

14-37  zone the school district and determine which pupils shall attend each

14-38  school.

14-39     2.  The establishment of zones pursuant to subsection 1 does

14-40  not preclude a pupil from attending [a charter school.] :

14-41     (a) A charter school; or

14-42     (b) A public school outside the zone of attendance that the

14-43  pupil is otherwise required to attend if the board of trustees of a

14-44  school district approves an application for the pupil to attend

14-45  another public school pursuant to section 45 of this act.

15-1      Sec. 17.   NRS 388.060 is hereby amended to read as follows:

15-2      388.060  1.  Except as otherwise provided in this subsection,

15-3  the board of trustees of each school district shall establish, equip and

15-4  maintain a kindergarten in each elementary school or each school

15-5  attendance area in the district. If, on or before June 1 immediately

15-6  preceding the school year, admittance to kindergarten has been

15-7  requested for fewer than 15 children, the mandatory provisions of

15-8  this subsection do not apply to that school, and the board may

15-9  decide whether to establish a kindergarten for those children. If the

15-10  board decides not to establish such a kindergarten, it may provide:

15-11     (a) Transportation for each child to enable him to attend

15-12  kindergarten at another school; or

15-13     (b) Upon agreement with a child’s parent or guardian, an

15-14  authorized program of instruction for kindergarten to be offered in

15-15  the child’s home, which includes, without limitation, assigning

15-16  licensed educational personnel to assist and consult with the parent

15-17  or guardian as necessary.

15-18     2.  The board of trustees of a school district in which a

15-19  kindergarten is to be established under the provisions of this title of

15-20  NRS shall budget for this purpose by including the costs in the next

15-21  regular budget for the school district[.] , including, without

15-22  limitation, the provision of kindergarten for a full school day to

15-23  children who are at risk.

15-24     Sec. 18.  NRS 388.090 is hereby amended to read as follows:

15-25     388.090  1.  Except as otherwise permitted pursuant to this

15-26  section, boards of trustees of school districts shall schedule and

15-27  provide a minimum of [180] 185 days of free school in the districts

15-28  under their charge.

15-29     2.  The Superintendent of Public Instruction may, upon

15-30  application by a board of trustees, authorize a reduction of not more

15-31  than 15 school days in a particular district to establish or maintain a

15-32  12-month school program or a program involving alternative

15-33  scheduling, if the board of trustees demonstrates that the proposed

15-34  schedule for the program provides for a greater number of minutes

15-35  of instruction than would be provided under a program consisting of

15-36  [180] 185 school days. Before authorizing a reduction in the number

15-37  of required school days pursuant to this subsection, the

15-38  Superintendent of Public Instruction must find that the proposed

15-39  schedule will be used to alleviate problems associated with a growth

15-40  in enrollment or overcrowding, or to establish and maintain a

15-41  program of alternative schooling, including, without limitation, a

15-42  program of distance education provided by the board of trustees

15-43  pursuant to NRS 388.820 to 388.874, inclusive.

15-44     3.  The Superintendent of Public Instruction may, upon

15-45  application by a board of trustees, authorize the addition of minutes

16-1  of instruction to any scheduled day of free school if days of free

16-2  school are lost because of any interscholastic activity. Not more than

16-3  5 days of free school so lost may be rescheduled in this manner.

16-4      4.  Each school district shall schedule at least 3 contingent days

16-5  of school in addition to the number of days required by this section

16-6  [,] which must be used if a natural disaster, inclement weather or an

16-7  accident necessitates the closing of a majority of the facilities within

16-8  the district.

16-9      5.  If more than 3 days of free school are lost because a natural

16-10  disaster, inclement weather or an accident necessitates the closing of

16-11  a majority of the facilities within a school district, the

16-12  Superintendent of Public Instruction, upon application by the school

16-13  district, may permit the additional days lost to be counted as school

16-14  days in session. The application must be submitted in the manner

16-15  prescribed by the Superintendent of Public Instruction.

16-16     6.  The State Board shall adopt regulations providing

16-17  procedures for changing schedules of instruction to be used if a

16-18  natural disaster, inclement weather or an accident necessitates the

16-19  closing of a particular school within a school district.

16-20     Sec. 19.  NRS 388.090 is hereby amended to read as follows:

16-21     388.090  1.  Except as otherwise permitted pursuant to this

16-22  section, boards of trustees of school districts shall schedule and

16-23  provide a minimum of [185] 190 days of free school in the districts

16-24  under their charge.

16-25     2.  The Superintendent of Public Instruction may, upon

16-26  application by a board of trustees, authorize a reduction of not more

16-27  than 15 school days in a particular district to establish or maintain a

16-28  12-month school program or a program involving alternative

16-29  scheduling, if the board of trustees demonstrates that the proposed

16-30  schedule for the program provides for a greater number of minutes

16-31  of instruction than would be provided under a program consisting of

16-32  [185] 190 school days. Before authorizing a reduction in the number

16-33  of required school days pursuant to this subsection, the

16-34  Superintendent of Public Instruction must find that the proposed

16-35  schedule will be used to alleviate problems associated with a growth

16-36  in enrollment or overcrowding, or to establish and maintain a

16-37  program of alternative schooling, including, without limitation, a

16-38  program of distance education provided by the board of trustees

16-39  pursuant to NRS 388.820 to 388.874, inclusive.

16-40     3.  The Superintendent of Public Instruction may, upon

16-41  application by a board of trustees, authorize the addition of minutes

16-42  of instruction to any scheduled day of free school if days of free

16-43  school are lost because of any interscholastic activity. Not more than

16-44  5 days of free school so lost may be rescheduled in this manner.

17-1      4.  Each school district shall schedule at least 3 contingent days

17-2  of school in addition to the number of days required by this section

17-3  [,] which must be used if a natural disaster, inclement weather or an

17-4  accident necessitates the closing of a majority of the facilities within

17-5  the district.

17-6      5.  If more than 3 days of free school are lost because a natural

17-7  disaster, inclement weather or an accident necessitates the closing of

17-8  a majority of the facilities within a school district, the

17-9  Superintendent of Public Instruction, upon application by the school

17-10  district, may permit the additional days lost to be counted as school

17-11  days in session. The application must be submitted in the manner

17-12  prescribed by the Superintendent of Public Instruction.

17-13     6.  The State Board shall adopt regulations providing

17-14  procedures for changing schedules of instruction to be used if a

17-15  natural disaster, inclement weather or an accident necessitates the

17-16  closing of a particular school within a school district.

17-17     Sec. 20.  NRS 388.829 is hereby amended to read as follows:

17-18     388.829  “Program of distance education” means a program

17-19  comprised of one or more courses of distance education that is

17-20  designed for pupils who:

17-21     1.  Are participating in a program for pupils who are at risk of

17-22  dropping out of high school pursuant to NRS 388.537.

17-23     2.  Are participating in a program of independent study

17-24  pursuant to NRS 389.155.

17-25     3.  Are enrolled in a public school that does not offer

17-26  [advanced] :

17-27     (a) Advanced or specialized courses[.] ; or

17-28     (b) Elective courses of study that may be applied toward the

17-29  credit required for graduation.

17-30     4.  Have a physical or mental condition that would otherwise

17-31  require an excuse from compulsory attendance pursuant to

17-32  NRS 392.050.

17-33     5.  Would otherwise be excused from compulsory attendance

17-34  pursuant to NRS 392.080.

17-35     6.  Are otherwise prohibited from attending public school

17-36  pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive,

17-37  392.466, 392.467 or 392.4675.

17-38     7.  Are otherwise permitted to enroll in a program of distance

17-39  education provided by the board of trustees of a school district if the

17-40  board of trustees determines that special circumstances warrant

17-41  enrollment for the pupil.

17-42     8.  Are otherwise permitted to enroll in a program of distance

17-43  education provided by the governing body of a charter school if the

17-44  governing body of the charter school determines that special

17-45  circumstances warrant enrollment for the pupil.

18-1      Sec. 21.  NRS 388.850 is hereby amended to read as follows:

18-2      388.850  1.  A pupil may enroll in a program of distance

18-3  education only if the pupil satisfies the requirements of any other

18-4  applicable statute and the pupil:

18-5      (a) Is participating in a program for pupils at risk of dropping

18-6  out of high school pursuant to NRS 388.537;

18-7      (b) Is participating in a program of independent study pursuant

18-8  to NRS 389.155;

18-9      (c) Is enrolled in a public school that does not offer [certain] :

18-10         (1) Certain advancedor specialized courses that the pupil

18-11  desires to attend; or

18-12         (2) An elective course of study that the pupil desires to

18-13  apply toward the credit required for graduation;

18-14     (d) Has a physical or mental condition that would otherwise

18-15  require an excuse from compulsory attendance pursuant to

18-16  NRS 392.050;

18-17     (e) Would otherwise be excused from compulsory attendance

18-18  pursuant to NRS 392.080;

18-19     (f) Is otherwise prohibited from attending public school pursuant

18-20  to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467

18-21  or 392.4675;

18-22     (g) Is otherwise permitted to enroll in a program of distance

18-23  education provided by the board of trustees of a school district if the

18-24  board of trustees determines that the circumstances warrant

18-25  enrollment for the pupil; or

18-26     (h) Is otherwise permitted to enroll in a program of distance

18-27  education provided by the governing body of a charter school if the

18-28  governing body of the charter school determines that the

18-29  circumstances warrant enrollment for the pupil.

18-30     2.  In addition to the eligibility for enrollment set forth in

18-31  subsection 1, a pupil must satisfy the qualifications and conditions

18-32  for enrollment in a program of distance education adopted by the

18-33  State Board pursuant to NRS 388.874.

18-34     3.  A child who is exempt from compulsory attendance and

18-35  receiving equivalent instruction authorized by the State Board

18-36  pursuant to subsection 1 of NRS 392.070 is not eligible to enroll in

18-37  or otherwise attend a program of distance education, regardless of

18-38  whether he is otherwise eligible for enrollment pursuant to

18-39  subsection 1.

18-40     4.  If a pupil who is prohibited from attending public school

18-41  pursuant to NRS 392.264 enrolls in a program of distance education,

18-42  the enrollment and attendance of that pupil must comply with all

18-43  requirements of NRS 62.405 to 62.485, inclusive, and 392.251 to

18-44  392.271, inclusive.

19-1      5.  If a pupil is eligible for enrollment in a program of distance

19-2  education pursuant to paragraph (c) of subsection 1, he may enroll

19-3  in the program of distance education only to take those advanced or

19-4  specialized courses or elective courses of study that are not offered

19-5  at the public school he otherwise attends.

19-6      Sec. 22.  Chapter 389 of NRS is hereby amended by adding

19-7  thereto the provisions set forth as sections 23 and 24 of this act.

19-8      Sec. 23.  1.  In addition to the examinations that are

19-9  required by this chapter, the board of trustees of each school

19-10  district shall ensure that each public school within the district

19-11  administers to all pupils who are enrolled in the district in a grade

19-12  level at or above the 4th grade, a reading comprehension

19-13  examination to determine the reading level of those pupils. The

19-14  examination must be administered as a preexamination at the

19-15  beginning of each school year and as postexamination at the end

19-16  of each school year. The governing body of each charter school

19-17  shall administer the preexamination and postexamination to all

19-18  pupils enrolled in the charter school in a grade level at or above

19-19  the 4th grade. The examination that is administered pursuant to

19-20  this subsection must be selected from the list of approved

19-21  examinations prepared by the Department pursuant to

19-22  subsection 2.

19-23     2.  On or before August 1 of each year, the Department shall

19-24  prepare and publish a list of not more than three examinations of

19-25  reading comprehension. The examinations selected by the

19-26  Department must be examinations that have proven to be

19-27  successful in evaluating reading comprehension and determining

19-28  reading level. The list must contain the name of each examination

19-29  that is approved for each grade level, the vendor, if any, of the

19-30  examination and the entity from which the examination may be

19-31  obtained. On or before August 15 of each year, the Department

19-32  shall transmit a copy of the list to the board of trustees of each

19-33  school district for transmission to each public school within the

19-34  school district, including, without limitation, each charter school

19-35  in the school district.

19-36     3.  If 50 percent or more of the pupils enrolled in a school

19-37  receive scores on the reading comprehension examination that

19-38  place them below the 4th grade level in reading, the school shall, if

19-39  it receives money from this state made available by legislative

19-40  appropriation for the purposes of NRS 385.389:

19-41     (a) Expend not less than 25 percent of that money to provide

19-42  training and education to all educational personnel employed at

19-43  the school on effective methods to teach reading to pupils; and

19-44     (b) Identify which pupils are reading below the 4th grade level

19-45  and ensure that those pupils receive appropriate remediation.

20-1      Sec. 24.  1.  The board of trustees of each school district

20-2  shall establish a program for the administration of the

20-3  achievement and proficiency examinations required by NRS

20-4  389.015 and 389.550 on the weekends rather than during the

20-5  regular school week at the time prescribed by the State Board

20-6  pursuant to NRS 389.015 or 389.550, as applicable, for pupils who

20-7  are enrolled in junior high, middle school or high school. The

20-8  program must:

20-9      (a) Provide for the staffing of the program in accordance with

20-10  subsection 2; and

20-11     (b) Include a description of the manner by which the school

20-12  district will ensure the security and confidentiality of the

20-13  examinations.

20-14     2.  The board of trustees of each school district shall, in

20-15  consultation with each organization or association that represents

20-16  licensed educational personnel in the school district, arrange the

20-17  schedules of the teachers and other licensed educational personnel

20-18  in the district to ensure that an appropriate number of personnel

20-19  are present to administer the examinations on the weekends. The

20-20  scheduling must include provisions for rotational staffing to

20-21  ensure that the educational personnel assigned to administer the

20-22  examinations are not required to work each weekend that the

20-23  examinations are administered during a school year.

20-24     Sec. 25.  NRS 389.015 is hereby amended to read as follows:

20-25     389.015  1.  The board of trustees of each school district shall

20-26  administer examinations in all public schools of the school district.

20-27  The governing body of a charter school shall administer the same

20-28  examinations in the charter school. The examinations administered

20-29  by the board of trustees and governing body must determine the

20-30  achievement and proficiency of pupils in:

20-31     (a) Reading;

20-32     (b) Writing;

20-33     (c) Mathematics; and

20-34     (d) Science.

20-35     2.  The examinations required by subsection 1 must be:

20-36     (a) Administered before the completion of grades 4, 8, 10

20-37  and 11.

20-38     (b) Administered in each school district and each charter school

20-39  at the same time[.] for the grade level tested. The time for the

20-40  administration of the examinations must be prescribed by the State

20-41  Board[.] and must provide for administration on the weekends

20-42  pursuant to section 24 of this act.

20-43     (c) Administered in each school in accordance with uniform

20-44  procedures adopted by the State Board. The Department shall

21-1  monitor the compliance of school districts and individual schools

21-2  with the uniform procedures.

21-3      (d) Administered in each school in accordance with the plan

21-4  adopted pursuant to NRS 389.616 by the Department and with the

21-5  plan adopted pursuant to NRS 389.620 by the board of trustees of

21-6  the school district in which the examinations are administered. The

21-7  Department shall monitor the compliance of school districts and

21-8  individual schools with:

21-9          (1) The plan adopted by the Department; and

21-10         (2) The plan adopted by the board of trustees of the

21-11  applicable school district, to the extent that the plan adopted by the

21-12  board of trustees of the school district is consistent with the plan

21-13  adopted by the Department.

21-14     (e) Scored by the Department or a single private entity that has

21-15  contracted with the State Board to score the examinations. If a

21-16  private entity scores the examinations, it shall report the results of

21-17  the examinations in the form and by the date required by the

21-18  Department.

21-19     3.  Not more than 14 working days after the results of the

21-20  examinations are reported to the Department by a private entity that

21-21  scored the examinations or the Department completes the scoring of

21-22  the examinations, the Superintendent of Public Instruction shall

21-23  certify that the results of the examinations have been transmitted to

21-24  each school district and each charter school. Not more than 10

21-25  working days after a school district receives the results of the

21-26  examinations, the superintendent of schools of each school district

21-27  shall certify that the results of the examinations have been

21-28  transmitted to each school within the school district. Except as

21-29  otherwise provided in this subsection, not more than 15 working

21-30  days after each school receives the results of the examinations, the

21-31  principal of each school and the governing body of each charter

21-32  school shall certify that the results for each pupil have been

21-33  provided to the parent or legal guardian of the pupil:

21-34     (a) During a conference between the teacher of the pupil or

21-35  administrator of the school and the parent or legal guardian of the

21-36  pupil; or

21-37     (b) By mailing the results of the examinations to the last known

21-38  address of the parent or legal guardian of the pupil.

21-39  If a pupil fails the high school proficiency examination, the school

21-40  shall notify the pupil and the parents or legal guardian of the pupil

21-41  as soon as practicable but not later than 15 working days after the

21-42  school receives the results of the examination.

21-43     4.  Different standards of proficiency may be adopted for pupils

21-44  with diagnosed learning disabilities. If a pupil with a disability is

21-45  unable to take an examination created by a private entity under

22-1  regular testing conditions or with modifications and

22-2  accommodations that are approved by the private entity, the pupil

22-3  may take the examination with modifications and accommodations

22-4  that are approved by the State Board pursuant to subsection 8. If a

22-5  pupil with a disability is unable to take an examination created by

22-6  the Department under regular testing conditions or with

22-7  modifications and accommodations that are approved by the

22-8  Department, the pupil may take the examination with modifications

22-9  and accommodations that are approved by the State Board pursuant

22-10  to subsection 8. The results of an examination that is taken under

22-11  conditions that are not approved by a private entity or the

22-12  Department, as applicable, must not be reported pursuant to

22-13  subsection 2 of NRS 389.017. If different standards of proficiency

22-14  are adopted or other modifications or accommodations are made in

22-15  the administration of the examinations for a pupil who is enrolled in

22-16  a program of special education pursuant to NRS 388.440 to

22-17  388.520, inclusive, other than a gifted and talented pupil, the

22-18  different standards adopted or other modifications or

22-19  accommodations must be set forth in the pupil’s program of special

22-20  education developed in accordance with the Individuals with

22-21  Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

22-22  standards prescribed by the State Board. During the administration

22-23  of the high school proficiency examination, a pupil with a disability

22-24  may be given additional time to complete the examination if the

22-25  additional time is a modification or accommodation that is approved

22-26  in the pupil’s program of special education developed in accordance

22-27  with the Individuals with Disabilities Education Act, 20 U.S.C. §§

22-28  1400 et seq.

22-29     5.  If a pupil fails to demonstrate at least adequate achievement

22-30  on the examination administered before the completion of grade 4, 8

22-31  or 10, he may be promoted to the next higher grade, but the results

22-32  of his examination must be evaluated to determine what remedial

22-33  study is appropriate. If such a pupil is enrolled at a school that has

22-34  been designated as demonstrating need for improvement pursuant to

22-35  subsection 1 of NRS 385.367, the pupil must, in accordance with the

22-36  requirements set forth in this subsection, complete remedial study

22-37  that is determined to be appropriate for the pupil.

22-38     6.  If a pupil fails to pass the proficiency examination

22-39  administered before the completion of grade 11, he must not be

22-40  graduated until he is able, through remedial study, to pass the

22-41  proficiency examination, but he may be given a certificate of

22-42  attendance, in place of a diploma, if he has reached the age of 17

22-43  years.

22-44     7.  The State Board shall prescribe standard examinations of

22-45  achievement and proficiency to be administered pursuant to

23-1  subsection 1. The high school proficiency examination must be

23-2  developed, printed and scored by a nationally recognized testing

23-3  company in accordance with the process established by the testing

23-4  company. The examinations on reading, mathematics and science

23-5  prescribed for grades 4, 8 and 10 must be selected from

23-6  examinations created by private entities and administered to a

23-7  national reference group, and must allow for a comparison of the

23-8  achievement and proficiency of pupils in grades 4, 8 and 10 in this

23-9  state to that of a national reference group of pupils in grades 4, 8 and

23-10  10. The questions contained in the examinations and the approved

23-11  answers used for grading them are confidential, and disclosure is

23-12  unlawful except:

23-13     (a) To the extent necessary for administering and evaluating the

23-14  examinations.

23-15     (b) That a disclosure may be made to a:

23-16         (1) State officer who is a member of the Executive or

23-17  Legislative Branch to the extent that it is necessary for the

23-18  performance of his duties;

23-19         (2) Superintendent of schools of a school district to the

23-20  extent that it is necessary for the performance of his duties;

23-21         (3) Director of curriculum of a school district to the extent

23-22  that it is necessary for the performance of his duties; and

23-23         (4) Director of testing of a school district to the extent that it

23-24  is necessary for the performance of his duties.

23-25     (c) That specific questions and answers may be disclosed if the

23-26  Superintendent of Public Instruction determines that the content of

23-27  the questions and answers is not being used in a current examination

23-28  and making the content available to the public poses no threat to the

23-29  security of the current examination process.

23-30     8.  The State Board shall prescribe, in accordance with the

23-31  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et

23-32  seq., the modifications and accommodations that may be used in the

23-33  administration of an examination to a pupil with a disability who is

23-34  unable to take the examination under regular testing conditions or

23-35  with modifications and accommodations that are approved by the

23-36  private entity that created the examination or, if the Department

23-37  created the examination, by the Department. These regulations may

23-38  include, without limitation, authorizing a pupil to complete an

23-39  examination with additional time.

23-40     Sec. 26.  NRS 389.017 is hereby amended to read as follows:

23-41     389.017  1.  The State Board shall adopt regulations requiring

23-42  that each board of trustees of a school district and each governing

23-43  body of a charter school submit to the Superintendent of Public

23-44  Instruction and the Department, in the form and manner prescribed

23-45  by the Superintendent, the results of achievement and proficiency

24-1  examinations given in the 4th, 8th, 10th and 11th grades to public

24-2  school pupils of the district and charter schools. The State Board

24-3  shall not include in the regulations any provision which would

24-4  violate the confidentiality of the test scores of any individual pupil.

24-5      2.  The results of examinations must be reported for each

24-6  school, including, without limitation, each charter school, school

24-7  district and this state, as follows:

24-8      (a) The average score, as defined by the Department, of pupils

24-9  who took the examinations under regular testing conditions; and

24-10     (b) The average score, as defined by the Department, of pupils

24-11  who took the examinations with modifications or accommodations

24-12  approved by the private entity that created the examination or, if the

24-13  Department created the examination, the Department, if such

24-14  reporting does not violate the confidentiality of the test scores of any

24-15  individual pupil.

24-16     3.  The Department shall adopt regulations prescribing the

24-17  requirements for reporting the scores of pupils who:

24-18     (a) Took the examinations under conditions that were not

24-19  approved by the private entity that created the examination or, if the

24-20  Department created the examination, by the Department;

24-21     (b) Are enrolled in special schools for children with disabilities;

24-22     (c) Are enrolled in an alternative program for the education of

24-23  pupils at risk of dropping out of high school, including, without

24-24  limitation, a program of distance education that is provided to pupils

24-25  who are at risk of dropping out of high school pursuant to NRS

24-26  388.820 to 388.874, inclusive; or

24-27     (d) Are detained in a:

24-28         (1) Youth training center;

24-29         (2) Youth center;

24-30         (3) Juvenile forestry camp;

24-31         (4) Detention home;

24-32         (5) Youth camp;

24-33         (6) Juvenile correctional institution; or

24-34         (7) Correctional institution.

24-35  The scores reported pursuant to this subsection must not be included

24-36  in the average scores reported pursuant to subsection 2.

24-37     4.  Not later than 10 days after the Department receives the

24-38  results of the achievement and proficiency examinations, the

24-39  Department shall transmit a copy of the results of the examinations

24-40  administered pursuant to NRS 389.015 to the Legislative Bureau of

24-41  Educational Accountability and Program Evaluation in a manner

24-42  that does not violate the confidentiality of the test scores of any

24-43  individual pupil.

24-44     5.  On or before November 15 of each year, each school district

24-45  and each charter school shall report to the Department the following

25-1  information for each examination administered in the public schools

25-2  in the school district or charter school:

25-3      (a) The examination administered;

25-4      (b) The grade level or levels of pupils to whom the examination

25-5  was administered;

25-6      (c) The costs incurred by the school district or charter school in

25-7  administering each examination; [and]

25-8      (d) The purpose, if any, for which the results of the examination

25-9  are used by the school district or charter school[.] ; and

25-10     (e) The average number of school days, including the average

25-11  number of hours per school day, used to administer the

25-12  examinations and to prepare for the examinations.

25-13  On or before December 15 of each year, the Department shall

25-14  transmit to the Budget Division of the Department of

25-15  Administration and the Fiscal Analysis Division of the Legislative

25-16  Counsel Bureau the information submitted to the Department

25-17  pursuant to this subsection.

25-18     6.  The superintendent of schools of each school district and the

25-19  governing body of each charter school shall certify that the number

25-20  of pupils who took the examinations required pursuant to NRS

25-21  389.015 is equal to the number of pupils who are enrolled in each

25-22  school in the school district or in the charter school who are required

25-23  to take the examinations except for those pupils who are exempt

25-24  from taking the examinations. A pupil may be exempt from taking

25-25  the examinations if:

25-26     (a) His primary language is not English and his proficiency in

25-27  the English language is below the level that the State Board

25-28  determines is proficient, as measured by an assessment of

25-29  proficiency in the English language prescribed by the State Board

25-30  pursuant to subsection 8; or

25-31     (b) He is enrolled in a program of special education pursuant to

25-32  NRS 388.440 to 388.520, inclusive, and his program of special

25-33  education specifies that he is exempt from taking the examinations.

25-34     7.  In addition to the information required by subsection 5, the

25-35  Superintendent of Public Instruction shall:

25-36     (a) Report the number of pupils who were not exempt from

25-37  taking the examinations but were absent from school on the day that

25-38  the examinations were administered; and

25-39     (b) Reconcile the number of pupils who were required to take

25-40  the examinations with the number of pupils who were exempt from

25-41  taking the examinations or absent from school on the day that the

25-42  examinations were administered.

25-43     8.  The State Board shall prescribe an assessment of proficiency

25-44  in the English language for pupils whose primary language is not

26-1  English to determine which pupils are exempt from the

26-2  examinations pursuant to paragraph (a) of subsection 6.

26-3      Sec. 27.  NRS 389.165 is hereby amended to read as follows:

26-4      389.165  1.  A pupil enrolled in high school who successfully

26-5  completes a community service project which has been approved

26-6  pursuant to this section must be allowed to apply not [more] less

26-7  than one credit received for the completion of the project toward the

26-8  total number of credits required for graduation from high school.

26-9  [The] All credit received must be applied toward the pupil’s elective

26-10  course credits and not toward a course that is required for graduation

26-11  from high school. A pupil may not receive credit for the completion

26-12  of a community service project if the project duplicates a course of

26-13  study in which the pupil has received instruction.

26-14     2.  With the approval of the State Board, the board of trustees of

26-15  each school district shall prescribe for the district the:

26-16     (a) Community service projects for which credit will be granted;

26-17     (b) Amount of credit which will be granted upon completion of

26-18  each project;

26-19     (c) Rules regarding how a pupil may apply for such credit upon

26-20  completion of a community service project; and

26-21     (d) Procedures for obtaining the consent of a parent or legal

26-22  guardian of a pupil before the pupil may participate in a community

26-23  service project for which credit will be granted.

26-24     Sec. 28.  NRS 389.550 is hereby amended to read as follows:

26-25     389.550  1.  The State Board shall, in consultation with the

26-26  Council, prescribe examinations that measure the achievement and

26-27  proficiency of pupils in selected grades in the standards of content

26-28  established by the Council that are in addition to the examinations

26-29  administered pursuant to NRS 389.015. The State Board shall, based

26-30  upon the recommendations of the Council, select the grade levels of

26-31  pupils that are required to take the examinations and the standards

26-32  that the examinations must measure.

26-33     2.  The board of trustees of each school district and the

26-34  governing body of each charter school shall administer the

26-35  examinations prescribed by the State Board. The examinations must

26-36  be:

26-37     (a) Administered to pupils in each school district and each

26-38  charter school at the same time[,] for the grade level tested, as

26-39  prescribed by the State Board. The time for the administration of

26-40  the examinations prescribed by the State Board must provide for

26-41  administration on the weekends pursuant to section 24 of this act.

26-42     (b) Administered in each school in accordance with uniform

26-43  procedures adopted by the State Board. The Department shall

26-44  monitor the school districts and individual schools to ensure

26-45  compliance with the uniform procedures.

27-1      (c) Administered in each school in accordance with the plan

27-2  adopted pursuant to NRS 389.616 by the Department and with the

27-3  plan adopted pursuant to NRS 389.620 by the board of trustees of

27-4  the school district in which the examinations are administered. The

27-5  Department shall monitor the compliance of school districts and

27-6  individual schools with:

27-7          (1) The plan adopted by the Department; and

27-8          (2) The plan adopted by the board of trustees of the

27-9  applicable school district, to the extent that the plan adopted by the

27-10  board of trustees of the school district is consistent with the plan

27-11  adopted by the Department.

27-12     Sec. 29.  NRS 389.560 is hereby amended to read as follows:

27-13     389.560  1.  The State Board shall adopt regulations that

27-14  require the board of trustees of each school district and

27-15  the governing body of each charter school to submit to the

27-16  Superintendent of Public Instruction, the Department and the

27-17  Council, in the form and manner prescribed by the Superintendent,

27-18  the results of the examinations administered pursuant to NRS

27-19  389.550. The State Board shall not include in the regulations any

27-20  provision that would violate the confidentiality of the test scores of

27-21  an individual pupil.

27-22     2.  The results of the examinations must be reported for each

27-23  school, including, without limitation, each charter school, school

27-24  district and this state, as follows:

27-25     (a) The percentage of pupils who have demonstrated

27-26  proficiency, as defined by the Department, and took the

27-27  examinations under regular testing conditions; and

27-28     (b) The percentage of pupils who have demonstrated

27-29  proficiency, as defined by the Department, and took the

27-30  examinations with modifications or accommodations approved by

27-31  the private entity that created the examination or, if the Department

27-32  created the examination, the Department, if such reporting does not

27-33  violate the confidentiality of the test scores of any individual pupil.

27-34     3.  The Department shall adopt regulations prescribing the

27-35  requirements for reporting the results of pupils who:

27-36     (a) Took the examinations under conditions that were not

27-37  approved by the private entity that created the examination or, if the

27-38  Department created the examination, by the Department;

27-39     (b) Are enrolled in special schools for children with disabilities;

27-40     (c) Are enrolled in an alternative program for the education of

27-41  pupils at risk of dropping out of high school, including, without

27-42  limitation, a program of distance education that is provided to pupils

27-43  who are at risk of dropping out of high school pursuant to NRS

27-44  388.820 to 388.874, inclusive; or

27-45     (d) Are detained in a:

28-1          (1) Youth training center;

28-2          (2) Youth center;

28-3          (3) Juvenile forestry camp;

28-4          (4) Detention home;

28-5          (5) Youth camp;

28-6          (6) Juvenile correctional institution; or

28-7          (7) Correctional institution.

28-8  The results reported pursuant to this subsection must not be included

28-9  in the percentage of pupils reported pursuant to subsection 2.

28-10     4.  Not later than 10 days after the Department receives the

28-11  results of the examinations, the Department shall transmit a copy of

28-12  the results to the Legislative Bureau of Educational Accountability

28-13  and Program Evaluation in a manner that does not violate the

28-14  confidentiality of the test scores of any individual pupil.

28-15     5.  On or before November 15 of each year, each school district

28-16  and each charter school shall report to the Department the following

28-17  information for each examination administered in the public schools

28-18  in the school district or charter school:

28-19     (a) The examination administered;

28-20     (b) The grade level or levels of pupils to whom the examination

28-21  was administered;

28-22     (c) The costs incurred by the school district or charter school in

28-23  administering each examination; [and]

28-24     (d) The purpose, if any, for which the results of the examination

28-25  are used by the school district or charter school[.] ; and

28-26     (e) The average number of school days, including the average

28-27  number of hours per school day, used to administer the

28-28  examinations and to prepare for the examinations.

28-29  On or before December 15 of each year, the Department shall

28-30  transmit to the Budget Division of the Department of

28-31  Administration and the Fiscal Analysis Division of the Legislative

28-32  Counsel Bureau the information submitted to the Department

28-33  pursuant to this subsection.

28-34     6.  The superintendent of schools of each school district and the

28-35  governing body of each charter school shall certify that the number

28-36  of pupils who took the examinations is equal to the number of pupils

28-37  who are enrolled in each school in the school district or in the

28-38  charter school who are required to take the examinations, except for

28-39  those pupils who are exempt from taking the examinations. A pupil

28-40  may be exempt from taking the examinations if:

28-41     (a) His primary language is not English and his proficiency in

28-42  the English language is below the level that the State Board

28-43  determines is proficient, as measured by an assessment of

28-44  proficiency in the English language prescribed by the State Board

28-45  pursuant to subsection 8; or

29-1      (b) He is enrolled in a program of special education pursuant to

29-2  NRS 388.440 to 388.520, inclusive, and his program of special

29-3  education specifies that he is exempt from taking the examinations.

29-4      7.  In addition to the information required by subsection 5, the

29-5  Superintendent of Public Instruction shall:

29-6      (a) Report the number of pupils who were not exempt from

29-7  taking the examinations but were absent from school on the day that

29-8  the examinations were administered; and

29-9      (b) Reconcile the number of pupils who were required to take

29-10  the examinations with the number of pupils who were exempt from

29-11  taking the examinations or absent from school on the day that the

29-12  examinations were administered.

29-13     8.  The State Board shall prescribe an assessment of proficiency

29-14  in the English language for pupils whose primary language is not

29-15  English to determine which pupils are exempt from the

29-16  examinations pursuant to paragraph (a) of subsection 6.

29-17     Sec. 30.  NRS 390.140 is hereby amended to read as follows:

29-18     390.140  1.  The State Board shall make the final selection of

29-19  all textbooks to be used in the public schools in this state, except for

29-20  charter schools. The State Board shall:

29-21     (a) Prepare a list identifying each textbook that is selected.

29-22     (b) Review each textbook that is selected to assess the level of

29-23  reading comprehension required to understand the textbook.

29-24     (c) Based upon the review pursuant to paragraph (b), for each

29-25  textbook on the list, indicate the level of reading comprehension

29-26  required to understand the textbook.

29-27     2.  If a textbook proposed for selection is in a subject area for

29-28  which standards of content have been established by the Council to

29-29  Establish Academic Standards for Public Schools pursuant to NRS

29-30  389.520, the State Board shall not select the textbook unless the

29-31  State Board determines that the textbook adequately supports the

29-32  standards for that subject area.

29-33     [2.] 3.  A textbook must not be selected by the State Board

29-34  pursuant to subsection 1 for use in the public schools in classes in

29-35  literature, history or social sciences unless it accurately portrays the

29-36  cultural and racial diversity of our society, including lessons on the

29-37  contributions made to our society by men and women from various

29-38  racial and ethnic backgrounds.

29-39     Sec. 31.  NRS 390.230 is hereby amended to read as follows:

29-40     390.230  1.  Except as otherwise provided in subsection 2, the

29-41  textbooks adopted by the State Board must be used in the public

29-42  schools in this state, and no other books may be used as basic

29-43  textbooks. A public school within a school district must be allowed

29-44  to select for use at the school textbooks from the list prepared by

29-45  the State Board pursuant to NRS 390.140. Upon selection, a

30-1  public school shall notify the board of trustees of the school

30-2  district in which the school is located of the books that have been

30-3  selected and the number of each book that must be purchased for

30-4  use at the school. A public school shall select textbooks that are

30-5  appropriate for the level of reading comprehension of the pupils

30-6  enrolled in the school based upon the results of the examinations

30-7  administered pursuant to section 23 of this act. If a public school

30-8  elects not to select the textbooks for use at the school, the board of

30-9  trustees of the school district shall select the textbooks for the

30-10  school that are appropriate for the level of reading comprehension

30-11  of the pupils enrolled in the school based upon the results of the

30-12  examinations administered pursuant to section 23 of this act.

30-13     2.  This section does not prohibit:

30-14     (a) The continued use of such textbooks previously approved

30-15  until they become unserviceable.

30-16     (b) The use of supplemental textbooks purchased by a school

30-17  district with the approval of the Superintendent of Public

30-18  Instruction.

30-19     (c) After approval by the State Board, the temporary use of

30-20  textbooks for tryout purposes.

30-21     (d) A charter school from using textbooks other than those

30-22  adopted for use by the State Board.

30-23     3.  Any school officer or teacher who violates the provisions of

30-24  this chapter[,] or who knowingly fails to follow the regulations of

30-25  the State Board relating to use of textbooks shall be punished by a

30-26  fine of not more than $250.

30-27     4.  All superintendents, principals, teachers and school officers

30-28  are charged with the execution of this section.

30-29     Sec. 32.  Chapter 391 of NRS is hereby amended by adding

30-30  thereto the provisions set forth as sections 33 to 37, inclusive, of this

30-31  act.

30-32     Sec. 33.  1.  Each written contract or notice of reemployment

30-33  of a teacher must include a provision that requires all licensed

30-34  teachers to work additional hours with pay each school day so that

30-35  each teacher, except for a teacher who is employed less than full

30-36  time, is required to work 8 hours per school day during the school

30-37  year. If a school district has entered into a collective bargaining

30-38  agreement pursuant to chapter 288 of NRS that governs the

30-39  employment of the licensed teachers of the school district, the

30-40  times and manner in which a teacher must work the additional

30-41  hours required by this subsection must be prescribed by the

30-42  collective bargaining agreement.

30-43     2.  A teacher shall use the additional hours of time he is

30-44  required to work pursuant to subsection 1 to:

31-1      (a) Develop educational plans and programs for use in the

31-2  classroom; and

31-3      (b) Confer with other teachers and licensed educational

31-4  personnel concerning educational plans and programs.

31-5      Sec. 34.  1.  The board of trustees of each school district

31-6  shall, in consultation with each organization or association that

31-7  represents licensed educational personnel in the school district,

31-8  authorize licensed educational personnel to be absent from

31-9  employment with pay for 1 day of each school year. The day of

31-10  excused absence must be used to:

31-11     (a) Visit the home of a parent or legal guardian of a pupil to

31-12  discuss the academic progress of the pupil or other circumstances

31-13  concerning the pupil;

31-14     (b) Visit the place of employment of a parent or legal guardian

31-15  of a pupil, with the approval of the employer, to discuss the

31-16  academic progress of the pupil or other circumstances concerning

31-17  the pupil;

31-18     (c) Meet with persons who represent private industry to

31-19  develop any programs offered within the school district regarding

31-20  occupational education or vocational education; or

31-21     (d) Engage in some combination of the activities listed in

31-22  paragraphs (a), (b) and (c).

31-23     2.  Each teacher who is absent from employment for 1 day for

31-24  the purposes set forth in subsection 1 shall submit to the board of

31-25  trustees of the school district written documentation that the

31-26  teacher used the time to carry out the requirements of

31-27  subsection 1.

31-28     Sec. 35.  1.  The board of trustees of each school district

31-29  shall prepare a list that includes the name of each teacher

31-30  employed by the school district who is assigned by the school

31-31  district to:

31-32     (a) Teach in an area outside of his licensure or endorsement;

31-33  or

31-34     (b) Carry out a special assignment or program other than what

31-35  the teacher was hired to perform.

31-36  The list must indicate, for each name of a teacher included, the

31-37  type of license and endorsement, if applicable, held by that

31-38  teacher.

31-39     2.  The board of trustees of each school district shall submit

31-40  the list prepared pursuant to subsection 1 to the State Board and

31-41  the Department on or before January 1, April 1, July 1 and

31-42  October 1.

31-43     Sec. 36.  1.  The board of trustees of a school district may

31-44  employ a person who is not licensed pursuant to this chapter to

31-45  serve as a principal or vice principal of a school if the person:

32-1      (a) Holds a master’s degree in business administration or a

32-2  master’s degree in public administration from an accredited

32-3  college or university;

32-4      (b) Submits a full set of his fingerprints and written permission

32-5  authorizing the school district to forward his fingerprints to the

32-6  Federal Bureau of Investigation and the Central Repository for

32-7  Nevada Records of Criminal History for their reports on the

32-8  criminal history of the person; and

32-9      (c) Except as otherwise provided in subsection 3, submits a

32-10  written statement indicating his willingness and intention to

32-11  complete, during his first year of employment, courses or

32-12  seminars, or both, prescribed by the board of trustees to ensure

32-13  that the employee fully understands the academic programs of the

32-14  school and other instructional programs of the school.

32-15     2.  If a person is hired as a principal or vice principal of a

32-16  school pursuant to this section, he must, upon completion of his

32-17  first year of employment and within the time prescribed by the

32-18  board of trustees, submit written verification to the board of

32-19  trustees of the school district indicating that he has successfully

32-20  completed the courses or seminars, or both, prescribed by the

32-21  board of trustees pursuant to paragraph (c) of subsection 1.

32-22  Notwithstanding the provisions of NRS 391.3197 to the contrary,

32-23  if the employee does not submit the written verification upon

32-24  completion of his first year of employment and within the time

32-25  prescribed by the board of trustees, he is no longer eligible for

32-26  employment pursuant to this section with any board of trustees of

32-27  a school district.

32-28     3.  If the employee submits the written verification required by

32-29  subsection 2 to the board of trustees of the school district upon

32-30  completion of his first year of employment and within the time

32-31  prescribed by the board of trustees, he:

32-32     (a) May be reemployed by the board of trustees that initially

32-33  hired him.

32-34     (b) May be employed with any board of trustees of a school

32-35  district in this state without being required to again take the

32-36  courses and seminars required by subsection 1.

32-37     4.  Except as otherwise provided in this section, if a person is

32-38  employed as a principal or vice principal of a school pursuant to

32-39  this section, the person:

32-40     (a) Shall be deemed a licensed employee and a licensed

32-41  administrator of the school district.

32-42     (b) Is entitled to all benefits, rights and privileges conferred by

32-43  statutes and regulations on the licensed employees of a school

32-44  district.

32-45     (c) Shall comply with all applicable statutes and regulations.

33-1      5.  In no event may a person who is employed pursuant to this

33-2  section provide instruction in a classroom.

33-3      Sec. 37.  A person who is employed by the board of trustees of

33-4  a school district to teach or perform other educational services at a

33-5  school as a licensed employee may submit a request to the board of

33-6  trustees of the school district for a transfer or reassignment to

33-7  another school, regardless of the number of consecutive years, if

33-8  any, that the person has been employed at the school.

33-9      Sec. 38.  NRS 391.095 is hereby amended to read as follows:

33-10     391.095  1.  A school district may enter into an agreement

33-11  with a branch of the University and Community College System of

33-12  Nevada or an accredited postsecondary educational institution which

33-13  is licensed by the Commission on Postsecondary Education and

33-14  which offers courses of study and training for the education of

33-15  teachers which are approved or recognized by the State Board

33-16  pursuant to NRS 391.038, for the assignment of students for training

33-17  purposes as student teachers, counselors or trainees in a library, or

33-18  for experience in a teaching laboratory. Students so assigned within

33-19  the school district for training purposes may, under the direction and

33-20  supervision of a licensed teacher[,] who has at least 5 years of

33-21  teaching experience, instruct and supervise pupils in the school, on

33-22  the school grounds or on authorized field trips. At no time may a

33-23  student so assigned be allowed to conduct a classroom in the

33-24  absence of the teacher who is assigned to that classroom unless

33-25  the student is otherwise supervised by a licensed teacher who has

33-26  at least 5 years of teaching experience. The students so assigned

33-27  are employees of the school district for the purposes of NRS 41.038

33-28  and 41.039[,] while performing such authorized duties, whether or

33-29  not the duties are performed entirely in the presence of the licensed

33-30  teacher.

33-31     2.  A student who is assigned to a particular school may

33-32  request a transfer from that school to another school within the

33-33  school district. Before a student makes such a request, the student

33-34  must inform the professor or instructor who supervises the

33-35  student’s assignment at the University or postsecondary

33-36  educational institution of the reasons for his request. A school

33-37  district shall not reprimand or otherwise take adverse action

33-38  against a student who makes such a request.

33-39     3.  As used in this section:

33-40     (a) “Accredited” has the meaning ascribed to it in NRS 394.006.

33-41     (b) “Postsecondary educational institution” has the meaning

33-42  ascribed to it in NRS 394.099.

33-43     Sec. 39.  NRS 391.125 is hereby amended to read as follows:

33-44     391.125  1.  If the board of trustees of a school district

33-45  determines that a shortage of teachers exists within the school

34-1  district in a particular subject area, the board of trustees may submit

34-2  a written request to the Superintendent of Public Instruction to

34-3  employ persons who are licensed teachers but who do not hold an

34-4  endorsement to teach in the subject area for which there is a

34-5  shortage of teachers. The Superintendent of Public Instruction may

34-6  grant such a request if the Superintendent determines that a shortage

34-7  of teachers exists in the subject area. If the Superintendent of Public

34-8  Instruction grants a request pursuant to this subsection, a person

34-9  who holds a license to teach but not an endorsement in the subject

34-10  area for which the request was granted may be employed by the

34-11  school district for not more than [2 school years] 1 school year to

34-12  teach in that subject area[.] if the school district first obtains a

34-13  written agreement from the licensed teacher to teach in that

34-14  subject area.

34-15     2.  If the Superintendent of Public Instruction grants a request

34-16  pursuant to subsection 1, the Superintendent shall submit a written

34-17  report to the Commission that includes the name of the school

34-18  district for which the request was granted and the subject area for

34-19  which the request was granted. Upon receipt of such a report,

34-20  the Commission shall consider whether to adopt revisions to the

34-21  requirements for an endorsement in that subject area to address the

34-22  shortage of teachers.

34-23     Sec. 40.  NRS 391.160 is hereby amended to read as follows:

34-24     391.160  1.  The salaries of teachers and other employees must

34-25  be determined by the character of the service required. A school

34-26  district shall not discriminate between male and female employees

34-27  in the matter of salary.

34-28     2.  Each year when determining the salary of a teacher who

34-29  holds certification issued by the National Board for Professional

34-30  Teaching Standards, a school district shall add 5 percent to the

34-31  salary that the teacher would otherwise receive in 1 year for his

34-32  classification on the schedule of salaries for the school district if:

34-33     (a) On or before January 31 of the school year, the teacher has

34-34  submitted evidence satisfactory to the school district of his current

34-35  certification; and

34-36     (b) The teacher is assigned by the school district to provide

34-37  classroom instruction during that school year.

34-38  No increase in salary may be given during a particular school year

34-39  to a teacher who submits evidence of certification after January 31

34-40  of that school year. For the first school year that a teacher submits

34-41  evidence of his current certification, the board of trustees of the

34-42  school district to whom the evidence was submitted shall pay the

34-43  increase in salary required by this subsection retroactively to the

34-44  beginning of that school year. Once a teacher has submitted

34-45  evidence of such certification to the school district, the school

35-1  district shall retain the evidence in its records, as applicable, for

35-2  future school years. An increase in salary given in accordance with

35-3  this subsection is in addition to any other increase to which the

35-4  teacher may otherwise be entitled.

35-5      3.  In determining the salary of a licensed teacher who is

35-6  employed by a school district after the teacher has been employed

35-7  by another school district in this state, the present employer shall,

35-8  except as otherwise provided in subsection 6:

35-9      (a) Give the teacher the same credit for previous teaching

35-10  service as he was receiving from his former employer at the end of

35-11  his former employment;

35-12     (b) Give the teacher credit for his final year of service with his

35-13  former employer, if credit for that service is not included in credit

35-14  given pursuant to paragraph (a); and

35-15     (c) Place the teacher on the schedule of salaries of the school

35-16  district in a classification that is commensurate with the level of

35-17  education acquired by the teacher, as set forth in the applicable

35-18  negotiated agreement with the present employer.

35-19     4.  A school district [may] shall give the credit required by

35-20  subsection 3 for previous teaching service earned in another state if

35-21  the Commission has approved the standards for licensing teachers of

35-22  that state. The Commission shall adopt regulations that establish the

35-23  criteria by which the Commission will consider the standards for

35-24  licensing teachers of other states for the purposes of this subsection.

35-25  The criteria may include, without limitation, whether the

35-26  Commission has authorized reciprocal licensure of educational

35-27  personnel from the state under consideration.

35-28     5.  In determining the salary of a licensed administrator,

35-29  including, without limitation, a principal or vice principal

35-30  employed pursuant to section 36 of this act, other than the

35-31  superintendent of schools, who is employed by a school district after

35-32  the administrator has been employed by another school district in

35-33  this state, the present employer shall, except as otherwise provided

35-34  in subsection 6:

35-35     (a) Give the administrator the same credit for previous

35-36  administrative service as he was receiving from his former employer

35-37  [,] at the end of his former employment;

35-38     (b) Give the administrator credit for his final year of service

35-39  with his former employer, if credit for that service is not otherwise

35-40  included in the credit given pursuant to paragraph (a); and

35-41     (c) Place the administrator on the schedule of salaries of the

35-42  school district in a classification that is comparable to the

35-43  classification the administrator had attained on the schedule of

35-44  salaries of his former employer.

35-45     6.  This section does not:

36-1      (a) Require a school district to allow a teacher or administrator

36-2  more credit for previous teaching or administrative service than the

36-3  maximum credit for teaching or administrative experience provided

36-4  for in the schedule of salaries established by it for its licensed

36-5  personnel.

36-6      (b) Permit a school district to deny a teacher or administrator

36-7  credit for his previous teaching or administrative service on the

36-8  ground that the service differs in kind from the teaching or

36-9  administrative experience for which credit is otherwise given by the

36-10  school district.

36-11     7.  As used in this section:

36-12     (a) “Previous administrative service” means the total of:

36-13         (1) Any period of administrative service for which an

36-14  administrator received credit from his former employer at the

36-15  beginning of his former employment[;] , including, without

36-16  limitation, service as an employee pursuant to section 36 of this

36-17  act; and

36-18         (2) His period of administrative service in his former

36-19  employment.

36-20     (b) “Previous teaching service” means the total of:

36-21         (1) Any period of teaching service for which a teacher

36-22  received credit from his former employer at the beginning of his

36-23  former employment; and

36-24         (2) His period of teaching service in his former employment.

36-25     Sec. 41.  NRS 391.165 is hereby amended to read as follows:

36-26     391.165  1.  Except as otherwise provided in [subsection 3 of]

36-27  this section and except as otherwise required as a result of NRS

36-28  286.537, the board of trustees of a school district shall pay the cost

36-29  for a licensed teacher to purchase [one-fifth] one-fourth of a year of

36-30  service pursuant to subsection 2 of NRS 286.300 if:

36-31     (a) The teacher is a member of the Public Employees’

36-32  Retirement System and has at least 5 years of service;

36-33     (b) The teacher has been employed as a licensed teacher in this

36-34  state for at least 5 consecutive school years, regardless of whether

36-35  the employment was with one or more school districts in this state;

36-36     (c) Each evaluation of the teacher conducted pursuant to NRS

36-37  391.3125 is at least satisfactory for the years of employment

36-38  required by paragraph (b); and

36-39     (d) In addition to the years of employment required by

36-40  paragraph (b), the teacher has been employed as a licensed teacher

36-41  for 1 school year at a school within the school district which, for

36-42  that school year, carries the designation of demonstrating need for

36-43  improvement pursuant to NRS 385.367.

36-44     2.  Except as otherwise provided in [subsection 3,] this section,

36-45  the board of trustees of a school district shall pay the cost for a

37-1  licensed teacher to purchase [one-fifth] one-half of a year of service

37-2  pursuant to subsection 2 of NRS 286.300 if:

37-3      (a) The teacher is a member of the Public Employees’

37-4  Retirement System and has at least 5 years of service;

37-5      (b) The teacher has been employed as a licensed teacher in

37-6  this state for at least 5 consecutive school years, regardless of

37-7  whether the employment was with one or more school districts in

37-8  this state;

37-9      (c) Each evaluation of the teacher conducted pursuant to NRS

37-10  391.3125 is at least satisfactory for the years of employment

37-11  required by paragraph (b); and

37-12     (d) In addition to the years of employment required by

37-13  paragraph (b), the teacher has been employed as a licensed

37-14  teacher for 1 school year at a school within the school district

37-15  where, for that school year, at least 65 percent of the pupils who

37-16  are enrolled in the school are children who are at-risk.

37-17     3.  Except as otherwise provided in subsection 4, the board of

37-18  trustees of a school district shall pay the cost for a licensed teacher

37-19  to purchase:

37-20     (a) One-fourth of a year of service for each year that a teacher

37-21  is employed as a teacher at a school within the school district that is

37-22  described in paragraph (d) of subsection 1[.

37-23     3.] ; or

37-24     (b) One-half of a year of service for each year that a teacher is

37-25  employed as a teacher at a school within the school district that is

37-26  described in paragraph (d) of subsection 2.

37-27  If, in 1 school year, a teacher satisfies the criteria set forth in both

37-28  subsections 1 and 2, the school district in which the teacher is

37-29  employed shall, for that school year, pay the cost for the teacher to

37-30  purchase one-half of a year of service pursuant to subsection 2 of

37-31  NRS 286.300.

37-32     4.  In no event may the years of service purchased by a licensed

37-33  teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.

37-34     [4.] 5.  The board of trustees of a school district shall not:

37-35     (a) Assign or reassign a licensed teacher to circumvent the

37-36  requirements of this section.

37-37     (b) Include[,] as part of a teacher’s salary[,] the costs of paying

37-38  the teacher to purchase service pursuant to this section.

37-39     [5.] 6.  As used in this section[, “service”] :

37-40     (a) A child is “at-risk” if he is eligible for free and reduced-

37-41  price lunches pursuant to 42 U.S.C. §§ 1751 et seq.

37-42     (b) “Service” has the meaning ascribed to it in NRS 286.078.

37-43     Sec. 42.  NRS 391.311 is hereby amended to read as follows:

37-44     391.311  As used in NRS 391.311 to 391.3197, inclusive,

37-45  unless the context otherwise requires:

38-1      1.  “Administrator” means [any] :

38-2      (a) Any employee who holds a license as an administrator and

38-3  who is employed in that capacity by a school district.

38-4      (b) A principal or vice principal of a school who is employed

38-5  pursuant to section 36 of this act.

38-6      2.  “Board” means the board of trustees of the school district in

38-7  which a licensed employee affected by NRS 391.311 to 391.3197,

38-8  inclusive, is employed.

38-9      3.  “Demotion” means demotion of an administrator to a

38-10  position of lesser rank, responsibility or pay and does not include

38-11  transfer or reassignment for purposes of an administrative

38-12  reorganization.

38-13     4.  “Immorality” means an act forbidden by NRS 200.366,

38-14  200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220,

38-15  201.230, 201.265 or 207.260.

38-16     5.  “Postprobationary employee” means an administrator or a

38-17  teacher who has completed the probationary period as provided in

38-18  NRS 391.3197 and has been given notice of reemployment.

38-19     6.  “Probationary employee” means an administrator or a

38-20  teacher who is employed for the period set forth in NRS 391.3197.

38-21     7.  “Superintendent” means the superintendent of a school

38-22  district or a person designated by the board or superintendent to act

38-23  as superintendent during the absence of the superintendent.

38-24     8.  “Teacher” means a licensed employee the majority of whose

38-25  working time is devoted to the rendering of direct educational

38-26  service to pupils of a school district.

38-27     Sec. 43.  NRS 391.3125 is hereby amended to read as follows:

38-28     391.3125  1.  It is the intent of the Legislature that a uniform

38-29  system be developed for objective evaluation of teachers and other

38-30  licensed personnel in each school district.

38-31     2.  Each board, following consultation with and involvement of

38-32  elected representatives of the teachers or their designees, shall

38-33  develop a policy for objective evaluations in narrative form. The

38-34  policy must set forth a means according to which an employee’s

38-35  overall performance may be determined to be satisfactory or

38-36  unsatisfactory. [The] Except as otherwise provided in this

38-37  subsection, the policy may include an evaluation by the teacher,

38-38  pupils, administrators or other teachers , or any combination thereof.

38-39  In no event may a principal or vice principal employed pursuant to

38-40  section 36 of this act be charged with the evaluation of a licensed

38-41  employee. In a similar manner, counselors, librarians and other

38-42  licensed personnel must be evaluated on forms developed

38-43  specifically for their respective specialties. A copy of the policy

38-44  adopted by the board must be filed with the Department. The

38-45  primary purpose of an evaluation is to provide a format for

39-1  constructive assistance. Evaluations, while not the sole criterion,

39-2  must be used in the dismissal process.

39-3      3.  A conference and a written evaluation for a probationary

39-4  employee must be concluded no later than:

39-5      (a) December 1;

39-6      (b) February 1; and

39-7      (c) April 1,

39-8  of each school year of the probationary period, except that a

39-9  probationary employee assigned to a school that operates all year

39-10  must be evaluated at least three times during each 12 months of

39-11  employment on a schedule determined by the board.

39-12     4.  Whenever an administrator charged with the evaluation of a

39-13  probationary employee believes the employee will not be

39-14  reemployed for the second year of the probationary period or the

39-15  school year following the probationary period, he shall bring the

39-16  matter to the employee’s attention in a written document which is

39-17  separate from the evaluation no later than February 15 of the current

39-18  school year. The notice must include the reasons for the potential

39-19  decision not to reemploy or refer to the evaluation in which the

39-20  reasons are stated. Such a notice is not required if the probationary

39-21  employee has received a letter of admonition during the current

39-22  school year.

39-23     5.  Each postprobationary teacher must be evaluated at least

39-24  once each year.

39-25     6.  The evaluation of a probationary teacher or a

39-26  postprobationary teacher must, if necessary, include

39-27  recommendations for improvements in his performance. A

39-28  reasonable effort must be made to assist the teacher to correct any

39-29  deficiencies noted in the evaluation. The teacher must receive a

39-30  copy of each evaluation not later than 15 days after the evaluation.

39-31  A copy of the evaluation and the teacher’s response must be

39-32  permanently attached to the teacher’s personnel file.

39-33     Sec. 44.  NRS 391.3197 is hereby amended to read as follows:

39-34     391.3197  1.  A probationary employee is employed on a

39-35  contract basis for two 1-year periods and has no right to

39-36  employment after either of the two probationary contract years.

39-37     2.  The board shall notify each probationary employee in

39-38  writing on or before May 1 of the first and second school years of

39-39  his probationary period, as appropriate, whether he is to be

39-40  reemployed for the second year of the probationary period or for the

39-41  next school year as a postprobationary employee. The employee

39-42  must advise the board in writing on or before May 10 of the first or

39-43  second year of his probationary period, as appropriate, of his

39-44  acceptance of reemployment. If a probationary employee is assigned

39-45  to a school that operates all year, the board shall notify him in

40-1  writing, in both the first and second years of his probationary period,

40-2  no later than 45 days before his last day of work for the year under

40-3  his contract whether he is to be reemployed for the second year of

40-4  the probationary period or for the next school year as a

40-5  postprobationary employee. He must advise the board in writing

40-6  within 10 days after the date of notification of his acceptance or

40-7  rejection of reemployment for another year. Failure to advise the

40-8  board of his acceptance of reemployment constitutes rejection of the

40-9  contract. If a board intends to reemploy a principal or vice

40-10  principal who is employed pursuant to section 36 of this act, the

40-11  notice of reemployment provided pursuant to this subsection must

40-12  include a condition that the employee will be reemployed only if he

40-13  submits the written verification required by subsection 2 of section

40-14  36 of this act upon the completion of the school year and within

40-15  the time prescribed by the board.

40-16     3.  A probationary employee who completes his 2-year

40-17  probationary period and receives a notice of reemployment from the

40-18  school district in the second year of his probationary period is

40-19  entitled to be a postprobationary employee in the ensuing year of

40-20  employment.

40-21     4.  A probationary employee who receives an unsatisfactory

40-22  evaluation may request a supplemental evaluation by another

40-23  administrator in the school district selected by him and the

40-24  superintendent. If a school district has five or fewer administrators,

40-25  the supplemental evaluator may be an administrator from another

40-26  school district in the State. If a probationary employee has received

40-27  during the first school year of his probationary period three

40-28  evaluations which state that the employee’s overall performance has

40-29  been satisfactory, the superintendent [of schools of the school

40-30  district or his designee] shall waive the second year of the

40-31  employee’s probationary period by expressly providing in writing

40-32  on the final evaluation of the employee for the first probationary

40-33  year that the second year of his probationary period is waived.

40-34  [Such] Except as otherwise provided in this subsection, such an

40-35  employee is entitled to be a postprobationary employee in the

40-36  ensuing year of employment. If a board intends to reemploy a

40-37  principal or vice principal who is employed pursuant to section 36

40-38  of this act, the notice provided pursuant to this subsection must

40-39  include a condition that the employee will be reemployed only if he

40-40  submits the written verification required by subsection 2 of section

40-41  36 of this act upon the completion of the school year and within

40-42  the time prescribed by the board.

40-43     5.  If a probationary employee is notified that he will not be

40-44  reemployed for the second year of his probationary period or the

40-45  ensuing school year, his employment ends on the last day of the

41-1  current school year. The notice that he will not be reemployed must

41-2  include a statement of the reasons for that decision.

41-3      6.  A new employee or a postprobationary teacher who is

41-4  employed as an administrator shall be deemed to be a probationary

41-5  employee for the purposes of this section and must serve a 2-year

41-6  probationary period as an administrator in accordance with the

41-7  provisions of this section. If the administrator does not receive an

41-8  unsatisfactory evaluation during the first year of probation, the

41-9  superintendent [or his designee] shall waive the second year of the

41-10  administrator’s probationary period. [Such] Except as otherwise

41-11  provided in this subsection, such an administrator is entitled to be a

41-12  postprobationary employee in the ensuing year of employment. If a

41-13  board intends to reemploy a principal or vice principal who is

41-14  employed pursuant to section 36 of this act, the superintendent

41-15  shall provide notice to the administrator that the administrator will

41-16  be reemployed only if he submits the written verification required

41-17  by subsection 2 of section 36 of this act upon the completion of the

41-18  school year and within the time prescribed by the board. If:

41-19     (a) A postprobationary teacher who is an administrator is not

41-20  reemployed as an administrator after either year of his probationary

41-21  period; and

41-22     (b) There is a position as a teacher available for the ensuing

41-23  school year in the school district in which the person is

41-24  employed,

41-25  the board [of trustees of the school district] shall, on or before

41-26  May 1, offer the person a contract as a teacher for the ensuing

41-27  school year. The person may accept the contract in writing on or

41-28  before May 10. If the person fails to accept the contract as a teacher,

41-29  the person shall be deemed to have rejected the offer of a contract as

41-30  a teacher.

41-31     7.  [An] Except as otherwise provided in this subsection, an

41-32  administrator who has completed his probationary period pursuant

41-33  to subsection 6 and is thereafter promoted to the position of

41-34  principal must serve an additional probationary period of 1 year in

41-35  the position of principal. A principal who is employed pursuant to

41-36  section 36 of this act is not required to serve an additional

41-37  probationary period pursuant to this subsection. If the

41-38  administrator serving the additional probationary period is not

41-39  reemployed as a principal after the expiration of the additional

41-40  probationary period, the board [of trustees of the school district in

41-41  which the person is employed] shall, on or before May 1, offer the

41-42  person a contract for the ensuing school year for the administrative

41-43  position in which the person attained postprobationary status. The

41-44  person may accept the contract in writing on or before May 10. If

42-1  the person fails to accept such a contract, the person shall be deemed

42-2  to have rejected the offer of employment.

42-3      8.  Before dismissal, the probationary employee is entitled to a

42-4  hearing before a hearing officer which affords due process as set out

42-5  in NRS 391.311 to 391.3196, inclusive.

42-6      Sec. 45.  Chapter 392 of NRS is hereby amended by adding

42-7  thereto a new section to read as follows:

42-8      1.  Except as otherwise provided in subsection 7, the parents,

42-9  legal guardian or custodial parent of a pupil may submit an

42-10  application for the pupil to attend a public school, including,

42-11  without limitation, a magnet school as defined in section 15 of this

42-12  act, that is located within the school district but outside the zone of

42-13  attendance established pursuant to NRS 388.040 that the pupil is

42-14  required to attend.

42-15     2.  An application for enrollment in a public school pursuant

42-16  to this section must be submitted on a form provided by the board

42-17  of trustees. The board of trustees of each school district shall

42-18  prescribe the deadline for the submission of applications, which

42-19  must not be sooner than 3 months before the commencement of a

42-20  school year.

42-21     3.  The board of trustees of a school district shall not act on

42-22  an application that has been submitted until after the deadline for

42-23  the submission of applications. Except as otherwise provided in

42-24  this subsection, the board of trustees of a school district shall

42-25  approve all applications that are submitted. If the board of trustees

42-26  of a school district determines that a public school within the

42-27  school district does not have sufficient resources to accommodate

42-28  the total number of pupils who submitted applications for that

42-29  school, including, without limitation, a sufficient number of

42-30  classrooms or personnel, the board of trustees of the school

42-31  district shall hold a meeting in accordance with chapter 241 of

42-32  NRS to select randomly which applications will be approved. The

42-33  board of trustees of the school district shall ensure that the

42-34  random selection of applications occurs in such a manner that

42-35  every application which has been submitted for a particular school

42-36  is given an equal opportunity to be included in the selection.

42-37     4.  If the board of trustees of a school district approves an

42-38  application, the board of trustees shall:

42-39     (a) Provide written notice of the approval to:

42-40         (1) The person who submitted the application on behalf of

42-41  the pupil;

42-42         (2) The public school that the pupil would otherwise be

42-43  required to attend; and

42-44         (3) The public school that the pupil will attend.

43-1      (b) Enter into an agreement with the parent or guardian of the

43-2  pupil concerning the transportation of the pupil to the public

43-3  school that the pupil will attend.

43-4      5.  A pupil may remain in the public school for succeeding

43-5  school years without submitting an application pursuant to this

43-6  section if space for the pupil is available. If space for the pupil is

43-7  not available in that public school, he may return to the public

43-8  school that he is otherwise required to attend or submit an

43-9  application pursuant to this section to attend another public

43-10  school.

43-11     6.  If a pupil attends a public school pursuant to this section,

43-12  the pupil may return to the public school that he is otherwise

43-13  required to attend if the parents, legal guardian or custodial

43-14  parent of the pupil provide written notice of that desire to the

43-15  board of trustees of the school district.

43-16     7.  The provisions of this section do not apply:

43-17     (a) For enrollment in a charter school.

43-18     (b) To a pupil who is enrolled in a public school for which the

43-19  board of trustees of the school district is required to provide school

43-20  choice pursuant to the No Child Left Behind Act of 2001, 20

43-21  U.S.C. §§ 6301 et seq.

43-22     (c) For enrollment in a public school pursuant to

43-23  NRS 392.015.

43-24     (d) For enrollment in a program of distance education

43-25  pursuant to NRS 388.820 to 388.874, inclusive.

43-26     (e) To a pupil who is ineligible to attend a public school

43-27  pursuant to NRS 392.264 or 392.4675.

43-28     Sec. 46.  NRS 392.010 is hereby amended to read as follows:

43-29     392.010  Except as to the attendance of a pupil pursuant to NRS

43-30  388.820 to 388.874, inclusive, or 392.015[,] and section 45 of this

43-31  act, or a pupil who is ineligible for attendance pursuant to NRS

43-32  392.4675 and except as otherwise provided in NRS 392.264 and

43-33  392.268:

43-34     1.  The board of trustees of any school district may, with the

43-35  approval of the Superintendent of Public Instruction:

43-36     (a) Admit to the school or schools of the school district any

43-37  pupil or pupils living in an adjoining school district within this state

43-38  or in an adjoining state when the school district of residence in the

43-39  adjoining state adjoins the receiving Nevada school district; or

43-40     (b) Pay tuition for pupils residing in the school district but who

43-41  attend school in an adjoining school district within this state or in an

43-42  adjoining state when the receiving district in the adjoining state

43-43  adjoins the school district of Nevada residence.

43-44     2.  With the approval of the Superintendent of Public

43-45  Instruction, the board of trustees of the school district in which the

44-1  pupil or pupils reside and the board of trustees of the school district

44-2  in which the pupil or pupils attend school shall enter into an

44-3  agreement providing for the payment of such tuition as may be

44-4  agreed upon, but transportation costs must be paid by the board of

44-5  trustees of the school district in which the pupil or pupils reside:

44-6      (a) If any are incurred in transporting a pupil or pupils to an

44-7  adjoining school district within the State; and

44-8      (b) If any are incurred in transporting a pupil or pupils to an

44-9  adjoining state, as provided by the agreement.

44-10     3.  In addition to the provisions for the payment of tuition and

44-11  transportation costs for pupils admitted to an adjoining school

44-12  district as provided in subsection 2, the agreement may contain

44-13  provisions for the payment of reasonable amounts of money to

44-14  defray the cost of operation, maintenance and depreciation of capital

44-15  improvements which can be allocated to such pupils.

44-16     Sec. 47.  NRS 392.033 is hereby amended to read as follows:

44-17     392.033  1.  Except as otherwise provided in subsection 2, a

44-18  pupil who is enrolled in a junior high or middle school must

44-19  complete at least 15 units of credits to be promoted to high school.

44-20  The State Board shall adopt regulations which prescribe the courses

44-21  of study required for promotion to high school, which [may] must

44-22  include the credits [to be earned.] required for each course of study.

44-23     2.  The board of trustees of a school district may adopt written

44-24  rules that authorize a pupil who is enrolled in a junior high or

44-25  middle school to apply for a reduction of the total units of credit

44-26  required for promotion to high school if the pupil has fewer than

44-27  three absences in each year that he is enrolled in junior high or

44-28  middle school. The board of trustees may reduce the total units of

44-29  credit required for promotion to high school pursuant to this

44-30  subsection by not less than one-half of the total units of credit

44-31  required for promotion.

44-32     3.  The board of trustees of a school district shall not promote a

44-33  pupil to high school if the pupil does not complete the course of

44-34  study [or] and credits required for promotion. The board of trustees

44-35  of the school district in which the pupil is enrolled [may provide]

44-36  shall ensure that the pupil has the opportunity to attend summer

44-37  school or other special programs to complete the courses of study

44-38  required for promotion to high school.

44-39     [3.] 4.  The board of trustees of each school district shall adopt

44-40  a procedure for evaluating the course of study [or] and credits

44-41  completed by a pupil who transfers to a junior high or middle school

44-42  from a junior high or middle school in this state or from a school

44-43  outside of this state.

 

 

45-1      Sec. 48.  NRS 392.040 is hereby amended to read as follows:

45-2      392.040  1.  Except as otherwise provided by law, each parent,

45-3  custodial parent, guardian or other person in the State of Nevada

45-4  having control or charge of any child between the ages of 7 and 17

45-5  years shall send the child to a public school during all the time the

45-6  public school is in session in the school district in which the child

45-7  resides.

45-8      2.  A child who is 5 years of age on or before September 30 of a

45-9  school year may be admitted to kindergarten at the beginning of that

45-10  school year, and his enrollment must be counted for purposes of

45-11  apportionment. If such a child is at-risk, he must be admitted to

45-12  kindergarten for a full school day and not for a part of a school

45-13  day. If a child is not 5 years of age on or before September 30 of a

45-14  school year, the child must not be admitted to kindergarten.

45-15     3.  Except as otherwise provided in subsection 4, a child who is

45-16  6 years of age on or before September 30 of a school year must:

45-17     (a) If he has not completed kindergarten[, be] :

45-18         (1) Be admitted to kindergarten at the beginning of that

45-19  school year; and

45-20         (2) If he is at-risk, be admitted to kindergarten for a full

45-21  school day and not for a part of a school day; or

45-22     (b) If he has completed kindergarten, be admitted to the first

45-23  grade at the beginning of that school year,

45-24  and his enrollment must be counted for purposes of apportionment.

45-25  If a child is not 6 years of age on or before September 30 of a school

45-26  year, the child must not be admitted to the first grade until the

45-27  beginning of the school year following his sixth birthday.

45-28     4.  The parents, custodial parent, guardian or other person

45-29  within the State of Nevada having control or charge of a child who

45-30  is 6 years of age on or before September 30 of a school year may

45-31  elect for the child not to attend kindergarten or the first grade during

45-32  that year. The parents, custodial parent, guardian or other person

45-33  who makes such an election shall file with the board of trustees of

45-34  the appropriate school district a waiver in a form prescribed by the

45-35  board.

45-36     5.  Whenever a child who is 6 years of age is enrolled in a

45-37  public school, each parent, custodial parent, guardian or other

45-38  person in the State of Nevada having control or charge of the child

45-39  shall send him to the public school during all the time the school is

45-40  in session. This requirement for attendance does not apply to any

45-41  child under the age of 7 years who has not yet been enrolled or has

45-42  been formally withdrawn from enrollment in public school.

45-43     6.  A child who is 7 years of age on or before September 30 of a

45-44  school year must:

46-1      (a) If he has completed kindergarten and the first grade, be

46-2  admitted to the second grade.

46-3      (b) If he has completed kindergarten, be admitted to the first

46-4  grade.

46-5      (c) If the parents, custodial parent, guardian or other person in

46-6  the State of Nevada having control or charge of the child waived the

46-7  child’s attendance from kindergarten pursuant to subsection 4,

46-8  undergo an assessment by the district pursuant to subsection 7 to

46-9  determine whether the child is prepared developmentally to be

46-10  admitted to the first grade. If the district determines that the child is

46-11  prepared developmentally, he must be admitted to the first grade. If

46-12  the district determines that the child is not so prepared[, he] :

46-13         (1) He must be admitted to kindergarten[.] ; and

46-14         (2) If he is at-risk, he must be admitted to kindergarten for

46-15  a full school day and not for a part of a school day.

46-16  The enrollment of any child pursuant to this subsection must be

46-17  counted for apportionment purposes.

46-18     7.  Each school district shall prepare and administer before the

46-19  beginning of each school year a developmental screening test to a

46-20  child:

46-21     (a) Who is 7 years of age on or before September 30 of the next

46-22  school year; and

46-23     (b) Whose parents waived his attendance from kindergarten

46-24  pursuant to subsection 4,

46-25  to determine whether the child is prepared developmentally to be

46-26  admitted to the first grade. The results of the test must be made

46-27  available to the parents, custodial parent, guardian or other person

46-28  within the State of Nevada having control or charge of the child.

46-29     8.  Each school district shall prepare a developmental

46-30  screening test to be administered as a pretest at the beginning of

46-31  each school year and as a posttest at the end of each school year to

46-32  pupils who are at-risk and enrolled in kindergarten for a full

46-33  school day. A school district may use the same developmental

46-34  screening test that is administered pursuant to subsection 7. The

46-35  screening test administered pursuant to this subsection must be

46-36  used solely to gather information and data and must not be used

46-37  for purposes of determining eligibility for first grade.

46-38     9.  A child who becomes a resident of this state after

46-39  completing kindergarten or beginning first grade in another state in

46-40  accordance with the laws of that state may be admitted to the grade

46-41  he was attending or would be attending had he remained a resident

46-42  of the other state regardless of his age, unless the board of trustees

46-43  of the school district determines that the requirements of this section

46-44  are being deliberately circumvented.

46-45     [9.] 10.  As used in this section[, “kindergarten” includes:] :

47-1      (a) A child is “at-risk” if he is eligible for free and reduced-

47-2  price school lunches pursuant to 42 U.S.C. §§ 1751 et seq.

47-3      (b) “Kindergarten” includes:

47-4          (1) A kindergarten established by the board of trustees of a

47-5  school district pursuant to NRS 388.060;

47-6      [(b)] (2) A kindergarten established by the governing body of a

47-7  charter school; and

47-8      [(c)] (3) An authorized program of instruction for kindergarten

47-9  offered in a child’s home pursuant to NRS 388.060.

47-10     Sec. 49.  NRS 392.070 is hereby amended to read as follows:

47-11     392.070  1.  Attendance required by the provisions of NRS

47-12  392.040 must be excused when satisfactory written evidence is

47-13  presented to the board of trustees of the school district in which the

47-14  child resides that the child is receiving at home or in some other

47-15  school equivalent instruction of the kind and amount approved by

47-16  the State Board. As a condition to approving a program of

47-17  instruction at home, the State Board shall:

47-18     (a) Require the child for whom the request is made to take the

47-19  achievement and proficiency examinations administered pursuant

47-20  to NRS 389.015, if applicable to the grade level in which the child

47-21  will receive instruction.

47-22     (b) Require that the results of the achievement and proficiency

47-23  examinations administered to the child be submitted to the

47-24  Department.

47-25  The State Board shall adopt regulations governing the

47-26  administration of the achievement and proficiency examinations

47-27  to children who receive instruction at home to ensure the

47-28  confidentiality and security of the examinations.

47-29     2.  The board of trustees of each school district shall provide

47-30  programs of special education and related services for children who

47-31  are exempt from compulsory attendance pursuant to subsection 1

47-32  and receive instruction at home. The programs of special education

47-33  and related services required by this section must be made available:

47-34     (a) Only if a child would otherwise be eligible for participation

47-35  in programs of special education and related services pursuant to

47-36  NRS 388.440 to 388.520, inclusive;

47-37     (b) In the same manner that the board of trustees provides, as

47-38  required by 20 U.S.C. § 1412, for the participation of pupils with

47-39  disabilities who are enrolled in private schools within the school

47-40  district voluntarily by their parents or legal guardians; and

47-41     (c) In accordance with the same requirements set forth in 20

47-42  U.S.C. § 1412 which relate to the participation of pupils with

47-43  disabilities who are enrolled in private schools within the school

47-44  district voluntarily by their parents or legal guardians.

48-1      3.  Except as otherwise provided in subsection 2 for programs

48-2  of special education and related services, upon the request of a

48-3  parent or legal guardian of a child who is enrolled in a private

48-4  school or who receives instruction at home, the board of trustees of

48-5  the school district in which the child resides shall authorize the child

48-6  to participate in a class that is not available to the child at the private

48-7  school or home school or to participate in an extracurricular activity,

48-8  excluding sports, at a public school within the school district if:

48-9      (a) Space for the child in the class or extracurricular activity is

48-10  available; and

48-11     (b) The parent or legal guardian demonstrates to the satisfaction

48-12  of the board of trustees that the child is qualified to participate in the

48-13  class or extracurricular activity.

48-14  If the board of trustees of a school district authorizes a child to

48-15  participate in a class or extracurricular activity, excluding sports,

48-16  pursuant to this subsection, the board of trustees is not required to

48-17  provide transportation for the child to attend the class or activity.

48-18     4.  The board of trustees of a school district may revoke its

48-19  approval for a pupil to participate in a class or extracurricular

48-20  activity at a public school pursuant to subsection 3 if the board of

48-21  trustees or the public school determines that the pupil has failed to

48-22  comply with applicable statutes, or applicable rules and regulations

48-23  of the board of trustees. If the board of trustees revokes its approval,

48-24  neither the board of trustees nor the public school are liable for any

48-25  damages relating to the denial of services to the pupil.

48-26     5.  The programs of special education and related services

48-27  required by subsection 2 may be offered at a public school or

48-28  another location that is appropriate.

48-29     6.  The Department may adopt such regulations as are necessary

48-30  for the boards of trustees of school districts to provide the programs

48-31  of special education and related services required by subsection 2.

48-32     7.  As used in this section, “related services” has the meaning

48-33  ascribed to it in 20 U.S.C. § 1401(22).

48-34     Sec. 50.  NRS 392.458 is hereby amended to read as follows:

48-35     392.458  1.  The board of trustees of [a] each school district

48-36  [may,] shall, in consultation with the schools within the district,

48-37  parents and legal guardians of pupils who are enrolled in the

48-38  district, and associations and organizations representing licensed

48-39  educational personnel within the district, establish a policy that

48-40  requires pupils to wear school uniforms.

48-41     2.  The policy must:

48-42     (a) Describe the uniforms;

48-43     (b) Designate which pupils must wear the uniforms; and

48-44     (c) Designate the hours or events during which the uniforms

48-45  must be worn.

49-1      3.  [If the board of trustees of a school district establishes a

49-2  policy that requires pupils to wear school uniforms, the board] The

49-3  board of trustees of each school district shall facilitate the

49-4  acquisition of school uniforms for pupils whose parents or legal

49-5  guardians request financial assistance to purchase the uniforms.

49-6      4.  The board of trustees of a school district may establish a

49-7  dress code enforceable during school hours for the teachers and

49-8  other personnel employed by the board of trustees.

49-9      Sec. 51.  NRS 392.4644 is hereby amended to read as follows:

49-10     392.4644  1.  The principal of each public school shall

49-11  establish a plan to provide for the progressive discipline of pupils

49-12  and on-site review of disciplinary decisions. The plan must:

49-13     [1.] (a) Be developed with the input and participation of

49-14  teachers who are employed at the school and the parents and

49-15  guardians of pupils who are enrolled in the school.

49-16     [2.] (b) Be consistent with the written rules of behavior

49-17  prescribed in accordance with NRS 392.463.

49-18     [3.] (c) Include, without limitation, provisions designed to

49-19  address the specific disciplinary needs and concerns of the school.

49-20     [4.] (d) Provide for the temporary removal of a pupil from a

49-21  classroom in accordance with NRS 392.4645.

49-22     2.  After the input and participation of teachers and parents

49-23  and guardians of pupils is received pursuant to paragraph (a) of

49-24  subsection 1, the principal and the teachers who are employed at

49-25  the school shall adopt the plan without any further review except

49-26  as required by subsection 3.

49-27     3.  Except as otherwise provided in subsection 4, on or before

49-28  October 1 of each year, the principal of each public school shall

49-29  review the plan in consultation with the teachers who are

49-30  employed at the school. Based upon the review, the principal shall

49-31  make revisions to the plan, if necessary. Except as otherwise

49-32  provided in subsection 4, the principal of each public school shall,

49-33  on or before November 1 of each year, file with the board of

49-34  trustees of the school district a copy of the plan adopted pursuant

49-35  to this section, including, without limitation, any revisions to the

49-36  plan.

49-37     4.  A principal may submit a written request to his immediate

49-38  supervisor for additional time to comply with this section. The

49-39  supervisor may grant the principal additional time to comply with

49-40  this section, not to exceed 30 days after receipt of the request. If a

49-41  principal who is granted additional time fails to comply with this

49-42  section:

49-43     (a) Within the 30-day period allowed by his immediate

49-44  supervisor, the supervisor shall ensure that a letter of reprimand

50-1  or letter of admonition is included in the personnel file of the

50-2  principal.

50-3      (b) Within 30 days after the letter of reprimand or letter of

50-4  admonition is issued pursuant to paragraph (a), the board of

50-5  trustees shall take such action against the principal pursuant to

50-6  NRS 391.312 as it considers necessary.

50-7      Sec. 52.  NRS 392.4647 is hereby amended to read as follows:

50-8      392.4647  1.  The principal of each public school shall

50-9  establish at least one committee to review the temporary alternative

50-10  placement of pupils. A committee established pursuant to this

50-11  section must consist of the principal and two regular members who

50-12  are teachers selected for membership by a majority of the teachers

50-13  who are employed at the school. One additional teacher must be

50-14  selected in the same manner to serve as an alternate member. The

50-15  term of membership for the teachers who serve on the committee

50-16  is 2 school years.

50-17     2.  If a pupil is removed from the classroom pursuant to NRS

50-18  392.4645 by a teacher who is a member of a committee established

50-19  pursuant to this section, the teacher shall not participate in the

50-20  review of the placement of the pupil and the alternate member shall

50-21  serve on the committee for that review.

50-22     Sec. 53.  NRS 393.071 is hereby amended to read as follows:

50-23     393.071  The board of trustees of any school district may grant

50-24  the use of school buildings or grounds for public, literary, scientific,

50-25  recreational or educational meetings, or for the discussion of matters

50-26  of general or public interest upon such terms and conditions as the

50-27  board deems proper, and except as otherwise provided in sections 2

50-28  and 3 of this act, subject to the limitations, requirements and

50-29  restrictions set forth in NRS 393.071 to 393.0719, inclusive.

50-30     Sec. 54.  Chapter 396 of NRS is hereby amended by adding

50-31  thereto the provisions set forth as sections 55 to 62, inclusive, of this

50-32  act.

50-33     Sec. 55.  1.  The Board of Regents may administer, directly

50-34  or through a designated officer or employee of the System, a

50-35  program to provide loans for registration fees, laboratory fees and

50-36  expenses, textbooks and course materials, and living expenses to

50-37  students who are enrolled in programs of the System that provide

50-38  courses of study and training for the education of teachers.

50-39     2.  Each student to whom such a loan is made must:

50-40     (a) Have been a bona fide resident of this state for at least 6

50-41  months before his matriculation in the System;

50-42     (b) At the time the loan is made, be enrolled at least part time

50-43  in a program of the System to become a licensed teacher;

50-44     (c) Fulfill all requirements for classification as a student

50-45  showing progression towards completion of the program; and

51-1      (d) Maintain at least a 2.0 grade-point average in each class

51-2  and at least a 2.75 overall grade-point average, on a 4.0 grading

51-3  scale.

51-4      3.  Each such loan must be made upon the following terms:

51-5      (a) All loans must bear interest at 8 percent per annum

51-6  beginning the date when the student receives the loan.

51-7      (b) Each student who receives a loan shall repay the loan with

51-8  interest after the termination of his education for which the loan is

51-9  made unless the amount owed is waived pursuant to section 57 of

51-10  this act. The loan must be repaid in monthly installments over the

51-11  period allowed, with the first installment due 1 year after the date

51-12  of the termination of his education for which the loan is made.

51-13  The amounts of the installments must not be less than $50 and

51-14  may be calculated to allow a smaller payment at the beginning of

51-15  the period for repayment, with each succeeding payment gradually

51-16  increasing so that the total amount due will be paid within the

51-17  period of repayment. The maximum period for repayment of the

51-18  loans must be:

51-19         (1) Five years for loans that total less than $10,000.

51-20         (2) Eight years for loans that total $10,000 or more, but less

51-21  than $20,000.

51-22         (3) Ten years for loans that total $20,000 or more.

51-23     4.  A delinquency charge may be assessed on an installment

51-24  that is delinquent 10 days or more in the amount of 8 percent of

51-25  the installment or $4, whichever is greater, but not more than $15.

51-26     5.  If a person is delinquent in repayment, the reasonable

51-27  costs of collection and an attorney’s fee may be recovered from the

51-28  person.

51-29     6.  As used in this section, “bona fide resident” has the

51-30  meaning ascribed to it in NRS 396.540.

51-31     Sec. 56.  1.  The loans made pursuant to sections 55 to 62,

51-32  inclusive, of this act must not exceed the following amounts per

51-33  student per semester. If the student is enrolled in a program of:

51-34     (a) A community college, $1,700.

51-35     (b) A university, $2,005.

51-36     2.  Money loaned pursuant to sections 55 to 62, inclusive, of

51-37  this act must be allocated among the campuses of the System in

51-38  amounts that will allow the same percentage of eligible students

51-39  from each campus who are enrolled in programs that provide

51-40  courses of study and training for the education of teachers to

51-41  receive loans.

51-42     Sec. 57.  1.  Except as otherwise provided in this section, a

51-43  student who receives a loan pursuant to sections 55 to 62,

51-44  inclusive, of this act shall repay the loan and accrued interest in

51-45  full pursuant to the terms of the loan.

52-1      2.  If a recipient of a loan desires to have the total amount of

52-2  his loan waived pursuant to this section, the recipient shall file a

52-3  statement of intent with the Board of Regents indicating that the

52-4  recipient intends to:

52-5      (a) Obtain a license to teach issued pursuant to chapter 391 of

52-6  NRS; and

52-7      (b) Teach full-time for at least:

52-8          (1) Three consecutive school years in any public school

52-9  where a majority of the pupils enrolled in the school are children

52-10  who are at-risk; or

52-11         (2) Five consecutive school years in any other public school

52-12  in this state.

52-13  The recipient shall submit verification at least once every 6

52-14  months to the Board of Regents in a format prescribed by the

52-15  Board of Regents indicating that the recipient has maintained his

52-16  status as a full-time licensed teacher in a public school in this

52-17  state.

52-18     3.  Upon receipt of such a statement of intent, the Board of

52-19  Regents shall defer the payment of the loan until the recipient of

52-20  the loan has:

52-21     (a) Taught full-time as a licensed teacher for:

52-22         (1) Three consecutive school years in any public school

52-23  where a majority of the pupils enrolled in the school are children

52-24  who are at-risk, regardless of whether he teaches at the same

52-25  school for all 3 years; or

52-26         (2) Five consecutive school years in any other public school

52-27  in this state, regardless of whether he teaches at the same school

52-28  for all 5 years; or

52-29     (b) Left his employment, voluntarily or otherwise, as a full-

52-30  time licensed teacher in a public school in this state.

52-31     4.  If a recipient of a loan who filed a statement of intent

52-32  pursuant to subsection 2 satisfies the requirements of paragraph

52-33  (a) of subsection 3, the recipient may apply to the Board of

52-34  Regents to request a waiver of the loan and interest that must be

52-35  repaid. The Board of Regents shall waive the total amount owed

52-36  by the recipient upon receipt of credible evidence that the recipient

52-37  has satisfied the requirements of paragraph (a) of subsection 3.

52-38     5.  If a recipient of a loan who filed a statement of intent

52-39  pursuant to subsection 2 leaves his employment, voluntarily or

52-40  otherwise, as a full-time licensed teacher in a public school in this

52-41  state, he shall repay the loan and accrued interest in full pursuant

52-42  to the terms of the loan.

52-43     6.  The Board of Regents may adopt:

53-1      (a) Regulations that extend the time for completing the

53-2  qualified teaching service beyond 3 or 5 years, as applicable, for

53-3  persons who are granted extensions because of hardship; and

53-4      (b) Such other regulations as are necessary to carry out the

53-5  provisions of sections 55 to 62, inclusive, of this act.

53-6      7.  The Board of Regents shall, in cooperation with the boards

53-7  of trustees of school districts in this state:

53-8      (a) Identify, on an annual basis, the public schools within this

53-9  state where a majority of the pupils enrolled are children who are

53-10  at-risk.

53-11     (b) Recruit pupils who are enrolled in high schools in this state

53-12  into the program to provide loans to students pursuant to sections

53-13  55 to 62, inclusive, of this act.

53-14     8.  For the purposes of this section, a child is “at-risk” if he is

53-15  eligible for free and reduced-price school lunches pursuant to 42

53-16  U.S.C. §§ 1751 et seq.

53-17     Sec. 58.  The Board of Regents or its designee may require:

53-18     1.  A student to acquire, as security for a student loan,

53-19  insurance on his life and on his health or against his disability, or

53-20  both.

53-21     2.  That a financially responsible person agree to be jointly

53-22  liable with the recipient of the loan for the repayment of the loan.

53-23     Sec. 59.  The Board of Regents or its designee may require,

53-24  upon notice to a recipient of a loan, that he repay the balance and

53-25  any unpaid interest on the loan immediately if:

53-26     1.  An installment is not paid within 30 days after it is due;

53-27     2.  The recipient fails to notify the Board of Regents or its

53-28  designee, within 30 days, of:

53-29     (a) A change of name or of the address of his home or place of

53-30  employment; or

53-31     (b) The termination of the education for which he received the

53-32  loan; or

53-33     3.  The recipient fails to comply with a requirement or

53-34  perform an obligation he is required to perform pursuant to an

53-35  agreement with the Board of Regents or its designee.

53-36     Sec. 60.  A recipient of a loan pursuant to sections 55 to 62,

53-37  inclusive, of this act shall comply with the regulations adopted by

53-38  the Board of Regents. If a recipient fails to comply, the Board of

53-39  Regents or its designee may:

53-40     1.  For each infraction, impose a fine of not more than $200

53-41  against the recipient in 1 academic year, and may deny additional

53-42  money to the recipient if he fails to pay the fine when due;

53-43     2.  Increase the portion of a future loan to be repaid by the

53-44  recipient; and

54-1      3.  Extend the time by which the recipient is required to teach

54-2  in this state in lieu of repaying his loan.

54-3      Sec. 61.  1.  The Board of Regents or its designee may, after

54-4  receiving an application stating the reasons therefor, grant an

54-5  extension of the period for the repayment of a loan in case of

54-6  hardship arising out of the circumstances of a recipient of a loan.

54-7  The extension must be for a period that will reasonably alleviate

54-8  that hardship.

54-9      2.  Applications for extensions must be filed within the time

54-10  prescribed by regulation of the Board of Regents.

54-11     Sec. 62.  1.  The Board of Regents shall:

54-12     (a) Receive, invest, disburse and separately account for all

54-13  money received for the program.

54-14     (b) Use all the money that is accounted for separately pursuant

54-15  to paragraph (a) only to provide loans to students and waivers of

54-16  those loans pursuant to the program set forth in sections 55 to 62,

54-17  inclusive, of this act.

54-18     (c) Report to the Governor and the Interim Finance

54-19  Committee on or before October 1 of each year immediately

54-20  preceding a regular session of the Legislature, setting forth in

54-21  detail the transactions conducted by the Board of Regents relating

54-22  to the program during the biennium ending June 30 of that year.

54-23     (d) Make such recommendations for legislation as the Board

54-24  of Regents considers appropriate for the program.

54-25     2.  The money in the account required by subsection 1 and all

54-26  interest and income earned on that money must remain in the

54-27  account and does not revert to the State General Fund at the end

54-28  of any fiscal year.

54-29     Sec. 63.  NRS 288.150 is hereby amended to read as follows:

54-30     288.150  1.  Except as provided in subsection 4, every local

54-31  government employer shall negotiate in good faith , through one or

54-32  more representatives of its own choosing , concerning the

54-33  mandatory subjects of bargaining set forth in subsection 2 with the

54-34  designated representatives of the recognized employee organization,

54-35  if any, for each appropriate bargaining unit among its employees. If

54-36  either party so requests, agreements reached must be reduced to

54-37  writing.

54-38     2.  The scope of mandatory bargaining is limited to:

54-39     (a) Salary or wage rates or other forms of direct monetary

54-40  compensation.

54-41     (b) Sick leave.

54-42     (c) Vacation leave.

54-43     (d) Holidays.

54-44     (e) Other paid or nonpaid leaves of absence.

54-45     (f) Insurance benefits.

55-1      (g) Total hours of work required of an employee on each

55-2  workday or workweek.

55-3      (h) Total number of days’ work required of an employee in a

55-4  work year.

55-5      (i) Discharge and disciplinary procedures.

55-6      (j) Recognition clause.

55-7      (k) The method used to classify employees in the bargaining

55-8  unit.

55-9      (l) Deduction of dues for the recognized employee organization.

55-10     (m) Protection of employees in the bargaining unit from

55-11  discrimination because of participation in recognized employee

55-12  organizations consistent with the provisions of this chapter.

55-13     (n) No-strike provisions consistent with the provisions of this

55-14  chapter.

55-15     (o) Grievance and arbitration procedures for resolution of

55-16  disputes relating to interpretation or application of collective

55-17  bargaining agreements.

55-18     (p) General savings clauses.

55-19     (q) Duration of collective bargaining agreements.

55-20     (r) Safety of the employee.

55-21     (s) Teacher preparation time.

55-22     (t) Materials and supplies for classrooms.

55-23     (u) The policies for the transfer and reassignment of teachers[.]

55-24  , but in no event may a request for a transfer or reassignment

55-25  made by a teacher pursuant to section 37 of this act be denied

55-26  based solely upon the number of consecutive years, if any, that the

55-27  teacher has been employed at a particular school.

55-28     (v) Procedures for reduction in workforce.

55-29     3.  Those subject matters which are not within the scope of

55-30  mandatory bargaining and which are reserved to the local

55-31  government employer without negotiation include:

55-32     (a) Except as otherwise provided in paragraph (u) of subsection

55-33  2, the right to hire, direct, assign or transfer an employee, but

55-34  excluding the right to assign or transfer an employee as a form of

55-35  discipline.

55-36     (b) The right to reduce in force or lay off any employee because

55-37  of lack of work or lack of money, subject to paragraph (v) of

55-38  subsection 2.

55-39     (c) The right to determine:

55-40         (1) Appropriate staffing levels and work performance

55-41  standards, except for safety considerations;

55-42         (2) The content of the workday, including , without

55-43  limitation , workload factors, except for safety considerations;

55-44         (3) The quality and quantity of services to be offered to the

55-45  public; and

56-1          (4) The means and methods of offering those services.

56-2      (d) Safety of the public.

56-3      4.  Notwithstanding the provisions of any collective bargaining

56-4  agreement negotiated pursuant to this chapter, a local government

56-5  employer is entitled to take whatever actions may be necessary to

56-6  carry out its responsibilities in situations of emergency such as a

56-7  riot, military action, natural disaster or civil disorder. Those actions

56-8  may include the suspension of any collective bargaining agreement

56-9  for the duration of the emergency. Any action taken under the

56-10  provisions of this subsection must not be construed as a failure to

56-11  negotiate in good faith.

56-12     5.  The provisions of this chapter, including , without limitation

56-13  , the provisions of this section, recognize and declare the ultimate

56-14  right and responsibility of the local government employer to manage

56-15  its operation in the most efficient manner consistent with the best

56-16  interests of all its citizens, its taxpayers and its employees.

56-17     6.  This section does not preclude, but this chapter does not

56-18  require the local government employer to negotiate subject matters

56-19  enumerated in subsection 3 which are outside the scope of

56-20  mandatory bargaining. The local government employer shall discuss

56-21  subject matters outside the scope of mandatory bargaining , but it is

56-22  not required to negotiate those matters.

56-23     7.  Contract provisions presently existing in signed and ratified

56-24  agreements as of May 15, 1975, at 12 p.m. remain negotiable.

56-25     Sec. 64.  1.  There is hereby appropriated from the State

56-26  General Fund to the Department of Education the sum of

56-27  $1,000,000 for distribution to school districts to administer

56-28  examinations on the weekends rather than during the regular school

56-29  week to pupils enrolled in junior high, middle school and high

56-30  school.

56-31     2.  The Department of Education shall distribute the money

56-32  appropriated by subsection 1 to school districts that have adopted a

56-33  program pursuant to section 24 of this act based upon the number of

56-34  pupils enrolled in each junior high, middle school and high school in

56-35  each school district. To receive a grant of money, each school

56-36  district must submit to the Department a written description of the

56-37  program adopted by the district pursuant to section 24 of this act.

56-38     3.  Each school district that receives a grant of money shall:

56-39     (a) Use the money to carry out its program to administer

56-40  examinations on the weekends rather than during the regular school

56-41  week adopted pursuant to section 24 of this act; and

56-42     (b) On or before November 1, 2004, submit a written report to

56-43  the Department of Education evaluating the effectiveness of its

56-44  program to administer examinations on the weekends rather than

56-45  during the regular school week adopted pursuant to section 24 of

57-1  this act, including, without limitation, a report on the amount of

57-2  instructional time that was added to the school week as a result of

57-3  the administration on the weekends.

57-4      4.  The Department of Education shall:

57-5      (a) Review and compile the written evaluations submitted by

57-6  school districts;

57-7      (b) Based upon its review, prepare a separate written report

57-8  evaluating the effectiveness of the programs of school districts to

57-9  administer the examinations on the weekends, including, without

57-10  limitation, a report on the amount of instructional time that was

57-11  added to the school week as a result of the administration on the

57-12  weekends; and

57-13     (c) On or before February 1, 2005, submit the separate written

57-14  report to the Director of the Legislative Counsel Bureau for

57-15  transmission to the 73rd Session of the Nevada Legislature.

57-16     5.  Any remaining balance of the appropriation made by

57-17  subsection 1 must not be committed for expenditure after June 30,

57-18  2005, and reverts to the State General Fund as soon as all payments

57-19  of money committed have been made.

57-20     Sec. 65.  1.  There is hereby appropriated to the Board of

57-21  Regents of the University of Nevada to provide loans and waivers of

57-22  those loans pursuant to the program set forth in sections 55 to 62,

57-23  inclusive, of this act, the sum of $100,000 from the money:

57-24     (a) Received by the State of Nevada pursuant to any settlement

57-25  entered into by the State of Nevada and a manufacturer of tobacco

57-26  products; or

57-27     (b) Recovered by the State of Nevada from a judgment in a civil

57-28  action against a manufacturer of tobacco products.

57-29     2.  The Board of Regents shall:

57-30     (a) Use the money appropriated by subsection 1 only to provide

57-31  loans to students and waivers of those loans pursuant to the program

57-32  set forth in sections 55 to 62, inclusive, of this act.

57-33     (b) Account for the money separately and credit that account

57-34  with any interest and income earned on the money.

57-35     (c) Use all the money in the account, including, without

57-36  limitation, all interest and income earned, only to provide loans to

57-37  students and waivers of those loans pursuant to the program set forth

57-38  in sections 55 to 62, inclusive, of this act.

57-39     Sec. 66.  1.  There is hereby appropriated from the State

57-40  General Fund to the Department of Education for reimbursement of

57-41  costs incurred by teachers to obtain endorsements in certain fields of

57-42  specialization:

57-43  For the Fiscal Year 2003-2004$100,000

57-44  For the Fiscal Year 2004-2005$100,000

57-45     2.  The Department of Educationshall:

58-1      (a) In consultation with the boards of trustees of school districts

58-2  throughout this state, identify fields of specialization where a

58-3  shortage of teachers exist; and

58-4      (b) Maintain a list available for public inspection that contains

58-5  the fields of specialization identified pursuant to paragraph (a).

58-6      3.  A teacher who holds a current license to teach issued

58-7  pursuant to chapter 391 of NRS may submit an application on a

58-8  form provided by the Department of Educationfor reimbursement

58-9  of the costs incurred by the teacher after July 1, 2003, in obtaining

58-10  an endorsement in a field of specialization identified pursuant to

58-11  subsection 2. The reimbursement must not exceed an amount equal

58-12  to the actual verified costs incurred by a teacher in obtaining an

58-13  endorsement or $2,000, whichever is less.

58-14     4.  The sums appropriated by subsection 1 are available for

58-15  either fiscal year. Any balance of those sums must not be committed

58-16  for expenditure after June 30, 2005, and reverts to the State General

58-17  Fundas soon as all payments of money committed have been made.

58-18     Sec. 67.  1.  There is hereby appropriated from the State

58-19  General Fund to the Department of Education the sum of $250,000

58-20  for distribution by the Department in accordance with this section.

58-21     2.  A principal or other administrator of a high school in which

58-22  a pupil is enrolled and is receiving dual credit or participating in

58-23  early studies from a course at a community college or university

58-24  pursuant to NRS 389.160, may apply to the Department of

58-25  Education for a grant of money to pay the costs of the pupil to

58-26  attend the course.

58-27     3.  The Department of Education shallestablish a program by

58-28  which a principal or administrator of a high school may apply to the

58-29  Department for a grant of money pursuant to this section. The

58-30  program must set forth, without limitation:

58-31     (a) The procedure by which a principal or administrator of a

58-32  high school may apply for such a grant;

58-33     (b) Criteria for determining the eligibility of an applicant to

58-34  receive such a grant; and

58-35     (c) Any conditions which the Departmentconsiders necessary

58-36  for the acceptance of a grant by a high school, including, without

58-37  limitation, any conditions under which the recipient of a grant may

58-38  be required to refund the money to the Department.

58-39     4.  As used in this section, “costs” include, without limitation,

58-40  the costs of:

58-41     (a) Registration in a course offered at a community college or

58-42  university; and

58-43     (b) Books and other materials which are required for the course.

58-44     5.  Any remaining balance of the appropriation made by

58-45  subsection 1 must not be committed for expenditure after June 30,

59-1  2005, andreverts to the State General Fund as soon as all payments

59-2  of money committed have been made.

59-3      Sec. 68.  1.  There is hereby appropriated from the State

59-4  General Fund to the Department of Education the sum of

59-5  $5,000,000 for grants of money to school districts that adopt a

59-6  program of enhanced compensation for certain teachers.

59-7      2.  To receive a grant of money, the board of trustees of a

59-8  school district must submit an application to the Department of

59-9  Education that:

59-10     (a) Sets forth a program adopted by the school district to provide

59-11  enhanced compensation for certain teachers, which must include one

59-12  or more of the following components:

59-13         (1) Skills-based pay pursuant to which teachers develop

59-14  certain skills verified through licensure, certification or some other

59-15  method.

59-16         (2) A “career ladder” program, pursuant to which teachers

59-17  who perform at or above specified standards receive an increase in

59-18  compensation. Each step requires additional growth, professional

59-19  development, expertise and additional responsibilities, including,

59-20  without limitation, mentoring.

59-21         (3) Market-based pay, pursuant to which one-time bonuses

59-22  are paid to retain teachers who provide instruction in high-need

59-23  subject areas such as mathematics, science and special education

59-24  and to retain teachers who teach in at-risk schools.

59-25     (b) Includes the amount of money necessary to pay the enhanced

59-26  compensation pursuant to the program.

59-27     (c) Includes the number of teachers who are estimated to be

59-28  eligible for enhanced compensation pursuant to the program.

59-29     3.  To the extent money is available from the appropriation

59-30  made by subsection 1, the Department of Education shall provide

59-31  grants of money to school districts with approved applications based

59-32  upon the amount of money that is necessary to carry out each

59-33  program of enhanced compensation. If an insufficient amount of

59-34  money is available to pay for each program, the money from the

59-35  appropriation must be distributed pro rata based upon the number of

59-36  teachers who are estimated to be eligible to participate in the

59-37  program in each school district with an approved application.

59-38     4.  Any remaining balance of the appropriation made by

59-39  subsection 1 must not be committed for expenditure after June 30,

59-40  2005, andreverts to the State General Fund as soon as all payments

59-41  of money committed have been made.

59-42     Sec. 69.  Notwithstanding any other provisions of law to the

59-43  contrary, upon receipt of sufficient money received by the State of

59-44  Nevada on or after July 1, 2003, pursuant to any settlement entered

59-45  into by the State of Nevada and a manufacturer of tobacco products

60-1  or recovered by the State of Nevada from a judgment in a civil

60-2  action against a manufacturer of tobacco products, the State

60-3  Controller shall:

60-4      1.  Disburse the money appropriated by section65of this act in

60-5  its entirety before other disbursements required by law are made;

60-6  and

60-7      2.  Thereafter, disburse all other money appropriated from this

60-8  same source on a pro rata basis by percentage allocated by law.

60-9      Sec. 70.  1.  The board of trustees of each school district shall

60-10  place a teacher who is initially hired by the school district for the

60-11  2003-2004 school year on the schedule of salaries of the school

60-12  district at a salary that is at least $30,000 annually. The board of

60-13  trustees of each school district shall place a teacher who is initially

60-14  hired by the school district for the 2004-2005 school year on the

60-15  schedule of salaries of the school district at a salary that is at least

60-16  $30,000 annually.

60-17     2.  Notwithstanding any provision of law to the contrary,

60-18  neither the Department of Education nor the board of trustees of a

60-19  school district may pay a signing bonus to a teacher who is initially

60-20  hired by the school district during the 2003-2005 biennium. The

60-21  provisions of this subsection do not preclude the payment of fringe

60-22  benefits that are otherwise paid generally to teachers who are

60-23  employed by a school district. As used in this subsection, “signing

60-24  bonus” means any compensation, in addition to the amount a teacher

60-25  is otherwise entitled to receive in accordance with the schedule of

60-26  salaries of the school district for the school year, that is paid in

60-27  exchange for the teacher’s agreement to work for the school district

60-28  or that is paid in exchange for the teacher’s service during the first

60-29  year of employment.

60-30     3.  For the purposes of this section, a person is not “initially

60-31  hired” if he has been employed as a licensed teacher by another

60-32  school district or charter school in this state without an interruption

60-33  in employment before the date of hire by his current employer.

60-34     Sec. 71.  1.  The State Board of Educationshall establish a

60-35  task force to study the manner in which the curriculum and courses

60-36  of study used by the public schools in this state may be restructured

60-37  to enable the schools more effectively to:

60-38     (a) Prepare each pupil to develop work and living skills;

60-39     (b) Address any special needs of pupils who are from a racial or

60-40  ethnic minority and of pupils who are female; and

60-41     (c) Establish interdisciplinary curriculum.

60-42  The task force shall establish a plan and set forth goals designed to

60-43  facilitate the desired restructuring.

61-1      2.  The task force shall also study alternative methods to train

61-2  teachers to teach the restructured curriculum and meet the goals set

61-3  forth in accordance with subsection 1.

61-4      3.  The State Board of Education shall appoint to the task force:

61-5      (a) Representatives of private business.

61-6      (b) Teachers who currently provide instruction in public

61-7  elementary or secondary schools in:

61-8          (1) Computer technology;

61-9          (2) Music or art;

61-10         (3) Special education;

61-11         (4) Occupational education;

61-12         (5) Civics or social studies;

61-13         (6) Science;

61-14         (7) Math; and

61-15         (8) English, including, without limitation, composition,

61-16  language and writing.

61-17  The State Board may appoint such additional members to the task

61-18  force as it deems necessary.

61-19     4.  On or before February 1, 2005, the task force shall provide

61-20  to the State Board of Education, the board of trustees of each school

61-21  district and the Director of the Legislative Counsel Bureau for

61-22  transmission to the 73rd Session of the Nevada Legislature, a report

61-23  which contains the results of the study of the task force and the

61-24  recommendations of the task force.

61-25     5.  The State Board of Education shall ensure that the

61-26  recommendations of the task force are carried out by the board of

61-27  trustees of each school district no later than the 2005-2006 school

61-28  year.

61-29     Sec. 72.  The Esmeralda County School District, Lincoln

61-30  County School District and Storey County School District are

61-31  hereby abolished on June 30, 2003. The public schools within a

61-32  school district that has been abolished pursuant to this section must

61-33  be placed under the direction and control of the county school

61-34  district specified in section 4 of this act commencing on July 1,

61-35  2003.

61-36     Sec. 73.  The provisions of NRS 354.599 do not apply to any

61-37  additional expenses of a local government that are related to the

61-38  provisions of this act.

61-39     Sec. 74.  1.  This section becomes effective upon passage and

61-40  approval.

61-41     2.  Section 23 of this act becomes effective upon passage and

61-42  approval for the purpose of preparing a list of examinations of

61-43  reading comprehension and on July 1, 2003, for all other purposes.

61-44     3.  Sections 1 to 12, inclusive, 14 to 18, inclusive, 20, 21, 22

61-45  and 24 to 73, inclusive, of this act become effective on July 1, 2003.

62-1      4.  Sections 13 and 19 of this act become effective on July 1,

62-2  2004.

 

62-3  H