Assembly Bill No. 509–Committee on Education

 

March 24, 2003

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Referred to Committee on Education

 

SUMMARY—Revises provisions governing review of decision of board of trustees to close or change use of particular school. (BDR 34‑1294)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to public schools; revising provisions governing the review of a decision by the board of trustees of a school district to close a school or change the use of a school; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 393.085 is hereby amended to read as follows:

1-2  393.085  1.  Any resident of a school district who is aggrieved

1-3  by a decision of the board of trustees to close or change the use of a

1-4  school under NRS 393.080 may, within 30 days after the decision is

1-5  rendered, make a written request to the board for a hearing for

1-6  reconsideration of the decision. The board shall schedule the hearing

1-7  within 30 days after receiving the request and shall publish a notice

1-8  of the time and place of the hearing in a newspaper of general

1-9  circulation in the county at least 10 days before the hearing.

1-10      2.  Any resident of the school district who is aggrieved by the

1-11  decision of the board of trustees at the reconsideration hearing may,

1-12  within 30 days after that decision is rendered,[make a written

1-13  request to the State Board of Education for a hearing to review the

1-14  decision. The State Board of Education shall conduct the hearing in

1-15  the county in which the school is located within 30 days after

1-16  receiving the request and shall publish a notice of the time and place

2-1  of the hearing in a newspaper of general circulation in the county at

2-2  least 10 days before the hearing. The State Board of Education shall

2-3  hear the matter de novo. The decision of the State Board of

2-4  Education] petition the board of trustees for a hearing to review its

2-5  decision. Such a petition must be signed by a number of registered

2-6  voters of the county in which the school district is located that is

2-7  equal to 10 percent or more of the number of voters who voted at

2-8  the last preceding general election in the county. Within 30 days

2-9  after receipt of the petition, the board of trustees shall submit the

2-10  petition to the county clerk to determine the sufficiency of the

2-11  petition in the manner set forth in NRS 295.250 to 295.290,

2-12  inclusive. Within 30 days after receipt of the petition, the county

2-13  clerk shall notify the board of trustees of the sufficiency of the

2-14  petition. If the county clerk determines that the petition is

2-15  sufficient, the board of trustees shall, within 30 days after

2-16  notification by the county clerk, schedule a hearing to review the

2-17  decision made pursuant to subsection 1 and shall publish notice of

2-18  the time and place of the hearing in a newspaper of general

2-19  circulation in the county at least 10 days before the hearing. The

2-20  decision of the board of trustees after its hearing pursuant to this

2-21  subsection is a final decision subject to judicial review as provided

2-22  by law.

2-23      Sec. 2.  This act becomes effective on July 1, 2003.

 

2-24  H