Senate Bill No. 33–Committee on Human
Resources and Facilities

 

(On Behalf of the Legislative Committee on
Education (NRS 218.5352))

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions governing charter schools and distance education programs. (BDR 34‑642)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to education; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; requiring certain applicants for employment with a charter school to submit fingerprints as a condition to employment; revising provisions governing the employment of teachers and administrators of charter schools; revising provisions governing the apportionments made to a charter school sponsored by the State Board of Education; revising provisions governing programs of distance education; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of applicants for employment with a charter 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 385.368 is hereby amended to read as follows:

1-2  385.368  1.  If the Department does not designate a school

1-3  pursuant to NRS 385.364 and, in the immediately succeeding school

2-1  year, less than 90 percent of the pupils enrolled in the school who

2-2  are required to take the examinations administered pursuant to NRS

2-3  389.015 take the examinations, the Department shall designate the

2-4  school as demonstrating need for improvement and the provisions of

2-5  NRS 385.373 apply.

2-6  2.  If the Department designates a school as demonstrating need

2-7  for improvement pursuant to subsection 1:

2-8  (a) The school shall, within the same school year, administer

2-9  examinations to the pupils in the school who are enrolled in a grade

2-10  that is required to take the examinations pursuant to NRS 389.015.

2-11  The examinations must be the same examinations that are

2-12  administered to a national reference group of pupils in the same

2-13  grade. [The] Except as otherwise provided in this paragraph, the

2-14  school district shall pay for all costs related to the administration of

2-15  examinations pursuant to this paragraph. If a charter school is

2-16  required to administer examinations pursuant to this paragraph,

2-17  the charter school shall pay for all costs related to the

2-18  administration of the examinations to pupils enrolled in the

2-19  charter school.

2-20      (b) The Department or its designee shall monitor at the school

2-21  the administration of the examinations that are required pursuant to

2-22  NRS 389.015 and ensure that all eligible pupils who are in

2-23  attendance on the day of the administration of the examinations are

2-24  given an opportunity to take the examinations until the school

2-25  receives a designation as demonstrating exemplary achievement,

2-26  high achievement or adequate achievement pursuant to

2-27  NRS 385.365.

2-28      3.  A school that is designated as demonstrating need for

2-29  improvement pursuant to subsection 1 is not eligible to receive

2-30  money for remedial programs made available by legislative

2-31  appropriation for the purposes of NRS 385.389.

2-32      4.  If the Department designates a school as demonstrating need

2-33  for improvement pursuant to subsection 1 for 2 or more consecutive

2-34  years, the provisions of NRS 385.375 and 385.378 apply.

2-35      Sec. 2.  Chapter 386 of NRS is hereby amended by adding

2-36  thereto a new section to read as follows:

2-37      Each applicant for employment with a charter school, except a

2-38  licensed teacher or other person licensed by the Superintendent of

2-39  Public Instruction, must, as a condition to employment, submit to

2-40  the governing body of the charter school a full set of his

2-41  fingerprints and written permission authorizing the governing

2-42  body to forward the fingerprints to the Federal Bureau of

2-43  Investigation and the Central Repository for Nevada Records of

2-44  Criminal History for their reports on the criminal history of the

2-45  applicant.

3-1  Sec. 3.  NRS 386.590 is hereby amended to read as follows:

3-2  386.590  1.  Except as otherwise provided in this subsection,

3-3  at least 70 percent of the teachers who provide instruction at a

3-4  charter school must be licensed teachers. If a charter school is a

3-5  vocational school, the charter school shall, to the extent practicable,

3-6  ensure that at least 70 percent of the teachers who provide

3-7  instruction at the school are licensed teachers, but in no event may

3-8  more than 50 percent of the teachers who provide instruction at the

3-9  school be unlicensed teachers.

3-10      2.  A governing body of a charter school shall employ:

3-11      (a) If the charter school offers instruction in kindergarten or

3-12  grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are

3-13  enrolled in those grades.

3-14      (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10,

3-15  11 or 12, a licensed teacher to teach pupils who are enrolled in those

3-16  grades for the following courses of study:

3-17          (1) English, including reading, composition and writing;

3-18          (2) Mathematics;

3-19          (3) Science; and

3-20          (4) Social studies, which includes only the subjects of

3-21  history, geography, economics and government.

3-22      (c) In addition to the requirements of paragraphs (a) and (b):

3-23          (1) If a charter school specializes in arts and humanities,

3-24  physical education or health education, a licensed teacher to teach

3-25  those courses of study.

3-26          (2) If a charter school specializes in the construction industry

3-27  or other building industry, licensed teachers to teach courses of

3-28  study relating to the industry if those teachers are employed full

3-29  time.

3-30          (3) If a charter school specializes in the construction industry

3-31  or other building industry and the school offers courses of study in

3-32  computer education, technology or business, licensed teachers to

3-33  teach those courses of study if those teachers are employed full

3-34  time.

3-35      3.  A charter school may employ a person who is not licensed

3-36  pursuant to the provisions of chapter 391 of NRS to teach a course

3-37  of study for which a licensed teacher is not required pursuant to

3-38  subsection 2 if the person has:

3-39      (a) A degree, a license or a certificate in the field for which he is

3-40  employed to teach at the charter school; and

3-41      (b) At least 2 years of experience in that field.

3-42      4.  A charter school may employ such administrators for the

3-43  school as it deems necessary. A person employed as an

3-44  administrator must possess:

4-1  (a) A master’s degree in school administration, public

4-2  administration or business administration; or

4-3  (b) If the person has at least 5 years of experience in

4-4  administration, a baccalaureate degree.

4-5  5.  A charter school may employ a teacher or administrator

4-6  whose criminal history from the Federal Bureau of Investigation

4-7  and the Central Repository for Nevada Records of Criminal

4-8  History indicate that the applicant has been convicted of a felony

4-9  or an offense involving moral turpitude if the governing body of

4-10  the charter school determines that the conviction is unrelated to

4-11  the position with the charter school for which the applicant

4-12  applied. A charter school shall not employ a person pursuant to this

4-13  section if his license to teach or provide other educational services

4-14  has been revoked or suspended in this state or another state.

4-15      6.  On or before November 15 of each year, a charter school

4-16  shall submit to the Department, in a format prescribed by the

4-17  Superintendent of Public Instruction, the following information for

4-18  each licensed employee who is employed by the governing body on

4-19  October 1 of that year:

4-20      (a) The amount of salary of the employee; and

4-21      (b) The designated assignment, as that term is defined by the

4-22  Department, of the employee.

4-23      Sec. 4.  NRS 387.124 is hereby amended to read as follows:

4-24      387.124  Except as otherwise provided in this section and

4-25  NRS 387.528:

4-26      1.  On or before August 1, November 1, February 1 and May 1

4-27  of each year, the Superintendent of Public Instruction shall

4-28  apportion the State Distributive School Account in the State General

4-29  Fund among the several county school districts and charter schools

4-30  in amounts approximating one-fourth of their respective yearly

4-31  apportionments less any amount set aside as a reserve. The

4-32  apportionment to a school district, computed on a yearly basis,

4-33  equals the difference between the basic support and the local funds

4-34  available pursuant to NRS 387.1235, minus all the funds attributable

4-35  to pupils who reside in the county but attend a charter school and all

4-36  the funds attributable to pupils who reside in the county and are

4-37  enrolled full time or part time in a program of distance education

4-38  provided by another school district or a charter school. No

4-39  apportionment may be made to a school district if the amount of the

4-40  local funds exceeds the amount of basic support. If an agreement is

4-41  not filed for a pupil who is enrolled in a program of distance

4-42  education as required by NRS 388.854, the Superintendent of Public

4-43  Instruction shall not apportion money for that pupil to the board of

4-44  trustees of the school district in which the pupil resides, or the board

5-1  of trustees or governing body that provides the program of distance

5-2  education.

5-3  2.  Except as otherwise provided in subsection 3, the

5-4  apportionment to a charter school, computed on a yearly basis, is

5-5  equal to the sum of the basic support per pupil in the county in

5-6  which the pupil resides plus the amount of local funds available per

5-7  pupil pursuant to NRS 387.1235 and all other funds available for

5-8  public schools in the county in which the pupil resides minus all the

5-9  funds attributable to pupils who are enrolled in the charter school

5-10  but are concurrently enrolled part time in a program of distance

5-11  education provided by a school district or another charter school. If

5-12  the apportionment per pupil to a charter school is more than the

5-13  amount to be apportioned to the school district in which a pupil who

5-14  is enrolled in the charter school resides, the school district in which

5-15  the pupil resides shall pay the difference directly to the charter

5-16  school.

5-17      3.  Except as otherwise provided in this subsection, the

5-18  apportionment to a charter school that is sponsored by the State

5-19  Board, computed on a yearly basis, is equal to:

5-20      (a) The sum of the basic support per pupil in the county in

5-21  which the pupil resides plus the amount of local funds available per

5-22  pupil pursuant to NRS 387.1235 and all other funds available for

5-23  public schools in the county in which the pupil resides; or

5-24      (b) The statewide average per pupil amount for pupils who are

5-25  enrolled full time,

5-26  whichever is greater. If the calculation set forth in paragraph (a) is

5-27  less than the calculation pursuant to paragraph (b), the [school

5-28  district in which the charter school is located] Department shall pay

5-29  the difference directly to the charter school. If a charter school

5-30  provides a program of distance education pursuant to NRS 388.820

5-31  to 388.874, inclusive, the apportionment to the charter school for

5-32  pupils who are enrolled in the program of distance education must

5-33  be calculated as set forth in subsection 2 or 4, as applicable.

5-34      4.  In addition to the apportionments made pursuant to this

5-35  section, an apportionment must be made to a school district or

5-36  charter school that provides a program of distance education for

5-37  each pupil who is enrolled part time in the program if an agreement

5-38  is filed for that pupil pursuant to NRS 388.854 or 388.858, as

5-39  applicable. The amount of the apportionment must be equal to the

5-40  percentage of the total time services are provided to the pupil

5-41  through the program of distance education per school day in

5-42  proportion to the total time services are provided during a school

5-43  day to pupils who are counted pursuant to subparagraph (2) of

5-44  paragraph (a) of subsection 1 of NRS 387.1233 for the school

5-45  district in which the pupil resides.

6-1  5.  The governing body of a charter school may submit a

6-2  written request to the Superintendent of Public Instruction to

6-3  receive, in the first year of operation of the charter school, an

6-4  apportionment 30 days before the apportionment is required to be

6-5  made pursuant to subsection 1. Upon receipt of such a request, the

6-6  Superintendent of Public Instruction may make the apportionment

6-7  30 days before the apportionment is required to be made. A charter

6-8  school may receive all four apportionments in advance in its first

6-9  year of operation.

6-10      6.  If the State Controller finds that such an action is needed to

6-11  maintain the balance in the State General Fund at a level sufficient

6-12  to pay the other appropriations from it, he may pay out the

6-13  apportionments monthly, each approximately one-twelfth of the

6-14  yearly apportionment less any amount set aside as a reserve. If such

6-15  action is needed, the State Controller shall submit a report to the

6-16  Department of Administration and the Fiscal Analysis Division of

6-17  the Legislative Counsel Bureau documenting reasons for the action.

6-18      Sec. 5.  NRS 388.838 is hereby amended to read as follows:

6-19      388.838  1.  The board of trustees of a school district or the

6-20  governing body of a charter school may submit an application to the

6-21  Department to provide a program of distance education. In addition,

6-22  a committee to form a charter school may submit an application to

6-23  the Department to provide a program of distance education if the

6-24  application to form the charter school submitted by the committee

6-25  pursuant to NRS 386.520 indicates that the charter school intends

6-26  to provide a program of distance education.

6-27      2.  An applicant to provide a program of distance education

6-28  may seek approval to provide a program that is comprised of one or

6-29  more courses of distance education included on the list of courses

6-30  approved by the Department pursuant to NRS 388.834 or a program

6-31  that is comprised of one or more courses of distance education

6-32  which have not been reviewed by the Department before submission

6-33  of the application.

6-34      3.  An application to provide a program of distance education

6-35  must include:

6-36      (a) All the information prescribed by the State Board by

6-37  regulation.

6-38      (b) Except as otherwise provided in this paragraph, proof

6-39  satisfactory to the Department that the program satisfies all

6-40  applicable statutes and regulations. The proof required by this

6-41  paragraph shall be deemed satisfied if the program is comprised

6-42  only of courses of distance education approved by the Department

6-43  pursuant to NRS 388.834 before submission of the application.

6-44      4.  [The] Except as otherwise provided in this subsection, the

6-45  Department shall approve an application submitted pursuant to this

7-1  section if the application satisfies the requirements of NRS 388.820

7-2  to 388.874, inclusive, and all other applicable statutes and

7-3  regulations. The Department shall deny an application submitted

7-4  by a committee to form a charter school if the application to form

7-5  the charter school submitted by the committee has been denied.

7-6  The Department shall provide written notice to the applicant of the

7-7  Department’s approval or denial of the application.

7-8  5.  If the Department denies an application, the Department

7-9  shall include in the written notice the reasons for the denial and the

7-10  deficiencies of the application. The applicant must be granted 30

7-11  days after receipt of the written notice to correct any deficiencies

7-12  identified in the written notice and resubmit the application. The

7-13  Department shall approve an application that has been resubmitted

7-14  pursuant to this subsection if the application satisfies the

7-15  requirements of NRS 388.820 to 388.874, inclusive, and all other

7-16  applicable statutes and regulations.

7-17      Sec. 6.  NRS 388.854 is hereby amended to read as follows:

7-18      388.854  1.  Except as otherwise provided in this subsection,

7-19  before a pupil may enroll full time or part time in a program of

7-20  distance education that is provided by a school district other than the

7-21  school district in which the pupil resides, the pupil must obtain the

7-22  written permission of the board of trustees of the school district in

7-23  which the pupil resides. Before a pupil who is enrolled in a public

7-24  school of a school district may enroll part time in a program of

7-25  distance education that is provided by a charter school, the pupil

7-26  must obtain the written permission of the board of trustees of the

7-27  school district in which the pupil resides. A pupil who enrolls full

7-28  time in a program of distance education that is provided by a charter

7-29  school is not required to obtain the approval of the board of trustees

7-30  of the school district in which the pupil resides.

7-31      2.  If the board of trustees of a school district grants permission

7-32  pursuant to subsection 1, the board of trustees shall enter into a

7-33  written agreement with the board of trustees or governing body, as

7-34  applicable, that provides the program of distance education. A

7-35  separate agreement must be prepared for each year that a pupil

7-36  enrolls in a program of distance education. The written agreement

7-37  must:

7-38      (a) Contain a statement prepared by the board of trustees of the

7-39  school district in which the pupil resides indicating that the board of

7-40  trustees understands that the Superintendent of Public Instruction

7-41  will make appropriate adjustments in the apportionments to the

7-42  school district pursuant to NRS 387.124 to account for the pupil’s

7-43  enrollment in the program of distance education;

7-44      (b) If the pupil plans to enroll part time in the program of

7-45  distance education, contain a statement prepared by the board of

8-1  trustees of the school district in which the pupil resides and the

8-2  board of trustees or governing body that provides the program of

8-3  distance education setting forth the percentage of the total time

8-4  services will be provided to the pupil through the program of

8-5  distance education per school day in proportion to the total time

8-6  services are provided during a school day to pupils who are counted

8-7  pursuant to subparagraph (2) of paragraph (a) of subsection 1 of

8-8  NRS 387.1233 for the school district in which the pupil resides;

8-9  (c) Be signed by the board of trustees of the school district in

8-10  which the pupil resides and the board of trustees or governing body

8-11  that provides the program of distance education; and

8-12      (d) Include any other information required by the State Board by

8-13  regulation.

8-14      3.  On or before [September] October 1 of each year or

8-15  [January] February 1 of each year, as applicable for the semester of

8-16  enrollment, a written agreement must be filed with the

8-17  Superintendent of Public Instruction for each pupil who is enrolled

8-18  full time in a program of distance education provided by a school

8-19  district other than the school district in which the pupil resides. On

8-20  or before [September] October 1 or [January] February 1 of each

8-21  year, as applicable for the semester of enrollment, a written

8-22  agreement must be filed with the Superintendent of Public

8-23  Instruction for each pupil who is enrolled in a public school of the

8-24  school district and who is enrolled part time in a program of

8-25  distance education provided by a charter school. If an agreement is

8-26  not filed for a pupil who is enrolled in a program of distance

8-27  education as required by this section, the Superintendent of Public

8-28  Instruction shall not apportion money for that pupil to the board of

8-29  trustees of the school district in which the pupil resides, or the board

8-30  of trustees or governing body that provides the program of distance

8-31  education.

8-32      Sec. 7.  NRS 388.858 is hereby amended to read as follows:

8-33      388.858  1.  If a pupil is enrolled in a charter school, he may

8-34  enroll full time in a program of distance education only if the charter

8-35  school in which he is enrolled provides the program of distance

8-36  education.

8-37      2.  Before a pupil who is enrolled in a charter school may enroll

8-38  part time in a program of distance education that is provided by a

8-39  school district or another charter school, the pupil must obtain the

8-40  written permission of the governing body of the charter school in

8-41  which the pupil is enrolled.

8-42      3.  If the governing body of a charter school grants permission

8-43  pursuant to subsection 2, the governing body shall enter into a

8-44  written agreement with the board of trustees or governing body, as

8-45  applicable, that provides the program of distance education. A

9-1  separate agreement must be prepared for each year that a pupil

9-2  enrolls in a program of distance education. The written agreement

9-3  must:

9-4  (a) Contain a statement prepared by the governing body of the

9-5  charter school in which the pupil is enrolled indicating that the

9-6  governing body understands that the Superintendent of Public

9-7  Instruction will make appropriate adjustments in the apportionments

9-8  to the charter school pursuant to NRS 387.124 to account for the

9-9  pupil’s enrollment in the program of distance education;

9-10      (b) Contain a statement prepared by the governing body of the

9-11  charter school in which the pupil is enrolled and the board of

9-12  trustees or governing body that provides the program of distance

9-13  education setting forth the percentage of the total time services will

9-14  be provided to the pupil through the program of distance education

9-15  per school day in proportion to the total time services are provided

9-16  during a school day to pupils who are counted pursuant to

9-17  subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233

9-18  for the school district in which the pupil resides;

9-19      (c) Be signed by the governing body of the charter school in

9-20  which the pupil is enrolled and the board of trustees or governing

9-21  body that provides the program of distance education; and

9-22      (d) Include any other information required by the State Board by

9-23  regulation.

9-24      4.  On or before [September] October 1 or [January] February

9-25  1 of each year, as applicable for the semester of enrollment, a

9-26  written agreement must be filed with the Superintendent of Public

9-27  Instruction for each pupil who is enrolled in a charter school and

9-28  who is enrolled part time in a program of distance education

9-29  provided by a school district or another charter school. If an

9-30  agreement is not filed for such a pupil, the Superintendent of Public

9-31  Instruction shall not apportion money for that pupil to the governing

9-32  body of the charter school in which the pupil is enrolled, or the

9-33  board of trustees or governing body that provides the program of

9-34  distance education.

9-35      Sec. 8.  NRS 388.866 is hereby amended to read as follows:

9-36      388.866  1.  The board of trustees of a school district or the

9-37  governing body of a charter school that provides a program of

9-38  distance education shall ensure that, for each course offered through

9-39  the program, a teacher:

9-40      (a) Provides the work assignments to each pupil enrolled in the

9-41  course that are necessary for the pupil to complete the course; and

9-42      (b) Meets or otherwise communicates with the pupil at least

9-43  once each week during the course to discuss the pupil’s progress.

 

10-1      2.  If a course offered through a program of distance education

10-2  is a core academic subject, as defined in NRS 389.018, the teacher

10-3  who fulfills the requirements of subsection 1 must be a [licensed

10-4  teacher.] :

10-5      (a) Licensed teacher; or

10-6      (b) Teacher, instructor or professor who provides instruction

10-7  at a community college or university.

10-8      Sec. 9.  NRS 388.874 is hereby amended to read as follows:

10-9      388.874  1.  The State Board shall adopt regulations that

10-10  prescribe:

10-11     (a) The process for submission of an application by a person or

10-12  entity for inclusion of a course of distance education on the list

10-13  prepared by the Department pursuant to NRS 388.834 and the

10-14  contents of the application;

10-15     (b) The process for submission of an application by the board of

10-16  trustees of a school district , [or] the governing body of a charter

10-17  school or a committee to form a charter school to provide a

10-18  program of distance education and the contents of the application;

10-19     (c) The qualifications and conditions for enrollment that a pupil

10-20  must satisfy to enroll in a program of distance education, consistent

10-21  with NRS 388.850;

10-22     (d) A method for reporting to the Department the number of

10-23  pupils who are enrolled in a program of distance education and the

10-24  attendance of those pupils;

10-25     (e) The requirements for assessing the achievement of pupils

10-26  who are enrolled in a program of distance education, which must

10-27  include, without limitation, the administration of the achievement

10-28  and proficiency examinations required pursuant to NRS 389.015 and

10-29  389.550; and

10-30     (f) A written description of the process pursuant to which the

10-31  State Board may revoke its approval for the operation of a program

10-32  of distance education.

10-33     2.  The State Board may adopt regulations as it determines are

10-34  necessary to carry out the provisions of NRS 388.820 to 388.874,

10-35  inclusive.

10-36     Sec. 10.  NRS 389.632 is hereby amended to read as follows:

10-37     389.632  1.  Except as otherwise provided in subsection 8, if

10-38  the Department determines:

10-39     (a) That at least one irregularity in testing administration

10-40  occurred at a school, including, without limitation, a charter school,

10-41  during 1 school year on the examinations administered pursuant to

10-42  NRS 389.015, excluding the high school proficiency examination;

 

 

11-1      (b) That in the immediately succeeding school year, at least one

11-2  additional irregularity in testing administration occurred at that

11-3  school on the examinations administered pursuant to NRS 389.015,

11-4  excluding the high school proficiency examination; and

11-5      (c) Based upon the criteria set forth in subsection 5, that the

11-6  irregularities described in paragraphs (a) and (b) warrant an

11-7  additional administration of the examinations,

11-8  the Department shall notify the school and the school district in

11-9  which the school is located that the school is required to provide for

11-10  an additional administration of the examinations to pupils who are

11-11  enrolled in a grade that is required to take the examinations pursuant

11-12  to NRS 389.015, excluding the high school proficiency

11-13  examination, or to the pupils the Department determines must take

11-14  the additional administration pursuant to subsection 6. The

11-15  additional administration must occur in the same school year in

11-16  which the irregularity described in paragraph (b) occurred. [The]

11-17  Except as otherwise provided in this subsection, the school district

11-18  shall pay for all costs related to the administration of examinations

11-19  pursuant to this subsection. If a charter school is required to

11-20  administer examinations pursuant to this subsection, the charter

11-21  school shall pay for all costs related to the administration of the

11-22  examinations to pupils enrolled in the charter school.

11-23     2.  If the Department determines that:

11-24     (a) At least one irregularity in testing administration occurred at

11-25  a school, including, without limitation, a charter school, during 1

11-26  school year on the examinations administered pursuant to

11-27  NRS 389.550;

11-28     (b) In the immediately succeeding school year, at least one

11-29  additional irregularity in testing administration occurred at that

11-30  school on the examinations administered pursuant to NRS 389.550;

11-31  and

11-32     (c) Based upon the criteria set forth in subsection 5, that the

11-33  irregularities described in paragraphs (a) and (b) warrant an

11-34  additional administration of the examinations,

11-35  the Department shall notify the school and the school district in

11-36  which the school is located that the school is required to provide for

11-37  an additional administration of the examinations to pupils who are

11-38  enrolled in a grade that is required to take the examinations pursuant

11-39  to NRS 389.550 or to the pupils the Department determines must

11-40  take the additional administration pursuant to subsection 6. The

11-41  additional administration must occur in the same school year in

11-42  which the irregularity described in paragraph (b) occurred. [The]

11-43  Except as otherwise provided in this subsection, the school district

11-44  shall pay for all costs related to the administration of examinations

11-45  pursuant to this subsection. If a charter school is required to

12-1  administer examinations pursuant to this subsection, the charter

12-2  school shall pay for all costs related to the administration of the

12-3  examinations to pupils enrolled in the charter school.

12-4      3.  If the Department determines that:

12-5      (a) At least one irregularity in testing administration occurred at

12-6  a school, including, without limitation, a charter school, during 1

12-7  school year on the examinations administered pursuant to NRS

12-8  389.015, excluding the high school proficiency examination;

12-9      (b) In the immediately succeeding school year, at least one

12-10  additional irregularity in testing administration occurred at that

12-11  school on the examinations administered pursuant to NRS 389.550;

12-12  and

12-13     (c) Based upon the criteria set forth in subsection 5, that the

12-14  irregularities described in paragraphs (a) and (b) warrant an

12-15  additional administration of the examinations,

12-16  the Department shall notify the school and the school district in

12-17  which the school is located that the school is required to provide for

12-18  an additional administration of the examinations to pupils who are

12-19  enrolled in a grade that is required to take the examinations pursuant

12-20  to NRS 389.550 or to the pupils the Department determines must

12-21  take the additional administration pursuant to subsection 6. The

12-22  additional administration must occur in the same school year in

12-23  which the irregularity described in paragraph (b) occurred. [The]

12-24  Except as otherwise provided in this subsection, the school district

12-25  shall pay for all costs related to the administration of examinations

12-26  pursuant to this subsection. If a charter school is required to

12-27  administer examinations pursuant to this subsection, the charter

12-28  school shall pay for all costs related to the administration of the

12-29  examinations to pupils enrolled in the charter school.

12-30     4.  Except as otherwise provided in subsection 8, if the

12-31  Department determines that:

12-32     (a) At least one irregularity in testing administration occurred at

12-33  a school, including, without limitation, a charter school, during 1

12-34  school year on the examinations administered pursuant to

12-35  NRS 389.550;

12-36     (b) In the immediately succeeding school year, at least one

12-37  additional irregularity in testing administration occurred at that

12-38  school on the examinations administered pursuant to NRS 389.015,

12-39  excluding the high school proficiency examination; and

12-40     (c) Based upon the criteria set forth in subsection 5, that the

12-41  irregularities described in paragraphs (a) and (b) warrant an

12-42  additional administration of the examinations,

12-43  the Department shall notify the school and the school district in

12-44  which the school is located that the school is required to provide for

12-45  an additional administration of the examinations to pupils who are

13-1  enrolled in a grade that is required to take the examinations pursuant

13-2  to NRS 389.015, excluding the high school proficiency

13-3  examination, or to the pupils the Department determines must take

13-4  the additional administration pursuant to subsection 6. The

13-5  additional administration must occur in the same school year in

13-6  which the irregularity described in paragraph (b) occurred. [The]

13-7  Except as otherwise provided in this subsection, the school district

13-8  shall pay for all costs related to the administration of examinations

13-9  pursuant to this subsection. If a charter school is required to

13-10  administer examinations pursuant to this subsection, the charter

13-11  school shall pay for all costs related to the administration of the

13-12  examinations to pupils enrolled in the charter school.

13-13     5.  In determining whether to require a school to provide for an

13-14  additional administration of examinations pursuant to this section,

13-15  the Department shall consider:

13-16     (a) The effect of each irregularity in testing administration,

13-17  including, without limitation, whether the irregularity required the

13-18  scores of pupils to be invalidated; and

13-19     (b) Whether sufficient time remains in the school year to

13-20  provide for an additional administration of examinations.

13-21     6.  If the Department determines pursuant to subsection 5 that a

13-22  school must provide for an additional administration of

13-23  examinations, the Department may consider whether the most recent

13-24  irregularity in testing administration affected the test scores of a

13-25  limited number of pupils and require the school to provide an

13-26  additional administration of examinations pursuant to this section

13-27  only to those pupils whose test scores were affected by the most

13-28  recent irregularity.

13-29     7.  The Department shall provide as many notices pursuant to

13-30  this section during 1 school year as are applicable to the

13-31  irregularities occurring at a school. A school shall provide for

13-32  additional administrations of examinations pursuant to this section

13-33  within 1 school year as applicable to the irregularities occurring at

13-34  the school.

13-35     8.  If a school is required to provide an additional

13-36  administration of examinations pursuant to subsection 2 of NRS

13-37  385.368 for a school year, the school is not required to provide for

13-38  an additional administration pursuant to subsection 1 or 4 in that

13-39  school year. The Department shall ensure that the information

13-40  required pursuant to paragraph (b) of subsection 3 of NRS 389.648

13-41  is included in its report for the additional administration provided by

13-42  such a school pursuant to subsection 2 of NRS 385.368.

13-43     Sec. 11.  NRS 391.033 is hereby amended to read as follows:

13-44     391.033  1.  All licenses for teachers and other educational

13-45  personnel are granted by the Superintendent of Public Instruction

14-1  pursuant to regulations adopted by the Commission and as

14-2  otherwise provided by law.

14-3      2.  An application for the issuance of a license must include the

14-4  social security number of the applicant.

14-5      3.  Every applicant for a license must submit with his

14-6  application a complete set of his fingerprints and written permission

14-7  authorizing the Superintendent to forward the fingerprints to the

14-8  Federal Bureau of Investigation and to the Central Repository for

14-9  Nevada Records of Criminal History for their reports on the

14-10  criminal history of the applicant.

14-11     4.  The Superintendent may issue a provisional license pending

14-12  receipt of the reports of the Federal Bureau of Investigation and the

14-13  Central Repository for Nevada Records of Criminal History if he

14-14  determines that the applicant is otherwise qualified.

14-15     5.  A license must be issued to an applicant if:

14-16     (a) The Superintendent determines that the applicant is

14-17  qualified;

14-18     (b) The reports on the criminal history of the applicant from the

14-19  Federal Bureau of Investigation and the Central Repository for

14-20  Nevada Records of Criminal History:

14-21         (1) Do not indicate that the applicant has been convicted of a

14-22  felony or any offense involving moral turpitude; or

14-23         (2) Indicate that the applicant has been convicted of a felony

14-24  or an offense involving moral turpitude but the Superintendent

14-25  determines that the conviction is unrelated to the position within the

14-26  county school district or charter school for which the applicant

14-27  applied; and

14-28     (c) The applicant submits the statement required pursuant to

14-29  NRS 391.034.

14-30     Sec. 12.  NRS 179A.075 is hereby amended to read as follows:

14-31     179A.075  1.  The Central Repository for Nevada Records of

14-32  Criminal History is hereby created within the Nevada Highway

14-33  Patrol Division of the Department.

14-34     2.  Each agency of criminal justice and any other agency

14-35  dealing with crime or delinquency of children shall:

14-36     (a) Collect and maintain records, reports and compilations of

14-37  statistical data required by the Department; and

14-38     (b) Submit the information collected to the Central Repository

14-39  in the manner recommended by the Advisory Committee and

14-40  approved by the Director of the Department.

14-41     3.  Each agency of criminal justice shall submit the information

14-42  relating to sexual offenses and other records of criminal history that

14-43  it creates or issues, and any information in its possession relating to

14-44  the genetic markers of a biological specimen of a person who is

14-45  convicted of an offense listed in subsection 4 of NRS 176.0913, to

15-1  the Division in the manner prescribed by the Director of the

15-2  Department. The information must be submitted to the Division:

15-3      (a) Through an electronic network;

15-4      (b) On a medium of magnetic storage; or

15-5      (c) In the manner prescribed by the Director of the

15-6  Department,

15-7  within the period prescribed by the Director of the Department. If an

15-8  agency has submitted a record regarding the arrest of a person who

15-9  is later determined by the agency not to be the person who

15-10  committed the particular crime, the agency shall, immediately upon

15-11  making that determination, so notify the Division. The Division

15-12  shall delete all references in the Central Repository relating to that

15-13  particular arrest.

15-14     4.  The Division shall, in the manner prescribed by the Director

15-15  of the Department:

15-16     (a) Collect, maintain and arrange all information submitted to it

15-17  relating to:

15-18         (1) Sexual offenses and other records of criminal history; and

15-19         (2) The genetic markers of a biological specimen of a person

15-20  who is convicted of an offense listed in subsection 4 of

15-21  NRS 176.0913.

15-22     (b) When practicable, use a record of the personal identifying

15-23  information of a subject as the basis for any records maintained

15-24  regarding him.

15-25     (c) Upon request, provide the information that is contained in

15-26  the Central Repository to the State Disaster Identification Team of

15-27  the Division of Emergency Management of the Department.

15-28     5.  The Division may:

15-29     (a) Disseminate any information which is contained in the

15-30  Central Repository to any other agency of criminal justice;

15-31     (b) Enter into cooperative agreements with federal and state

15-32  repositories to facilitate exchanges of information that may be

15-33  disseminated pursuant to paragraph (a); and

15-34     (c) Request of and receive from the Federal Bureau of

15-35  Investigation information on the background and personal history of

15-36  any person whose record of fingerprints the Central Repository

15-37  submits to the Federal Bureau of Investigation and:

15-38         (1) Who has applied to any agency of the State of Nevada or

15-39  any political subdivision thereof for a license which it has the power

15-40  to grant or deny;

15-41         (2) With whom any agency of the State of Nevada or any

15-42  political subdivision thereof intends to enter into a relationship of

15-43  employment or a contract for personal services;

 

 

16-1          (3) About whom any agency of the State of Nevada or any

16-2  political subdivision thereof has a legitimate need to have accurate

16-3  personal information for the protection of the agency or the persons

16-4  within its jurisdiction; or

16-5          (4) For whom such information is required to be obtained

16-6  pursuant to NRS 449.179.

16-7      6.  The Central Repository shall:

16-8      (a) Collect and maintain records, reports and compilations of

16-9  statistical data submitted by any agency pursuant to subsection 2.

16-10     (b) Tabulate and analyze all records, reports and compilations of

16-11  statistical data received pursuant to this section.

16-12     (c) Disseminate to federal agencies engaged in the collection of

16-13  statistical data relating to crime information which is contained in

16-14  the Central Repository.

16-15     (d) Investigate the criminal history of any person who:

16-16         (1) Has applied to the Superintendent of Public Instruction

16-17  for a license;

16-18         (2) Has applied to a county school district or charter school

16-19  for employment; or

16-20         (3) Is employed by a county school district[,] or charter

16-21  school,

16-22  and notify the superintendent of each county school district , the

16-23  governing body of each charter school and the Superintendent of

16-24  Public Instruction if the investigation of the Central Repository

16-25  indicates that the person has been convicted of a violation of NRS

16-26  200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

16-27  felony or any offense involving moral turpitude.

16-28     (e) Upon discovery, notify the superintendent of each county

16-29  school district and the governing body of each charter school by

16-30  providing [him with] a list of all persons:

16-31         (1) Investigated pursuant to paragraph (d); or

16-32         (2) Employed by a county school district or charter school

16-33  whose fingerprints were sent previously to the Central Repository

16-34  for investigation,

16-35  who the Central Repository’s records indicate have been convicted

16-36  of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

16-37  453.3395, or convicted of a felony or any offense involving moral

16-38  turpitude since the Central Repository’s initial investigation. The

16-39  superintendent of each county school district or the governing body

16-40  of a charter school, as applicable, shall determine whether further

16-41  investigation or action by the district or governing body is

16-42  appropriate.

16-43     (f) Investigate the criminal history of each person who submits

16-44  fingerprints or has his fingerprints submitted pursuant to NRS

16-45  449.176 or 449.179.

17-1      (g) On or before July 1 of each year, prepare and present to the

17-2  Governor a printed annual report containing the statistical data

17-3  relating to crime received during the preceding calendar year.

17-4  Additional reports may be presented to the Governor throughout the

17-5  year regarding specific areas of crime if they are recommended by

17-6  the Advisory Committee and approved by the Director of the

17-7  Department.

17-8      (h) On or before July 1 of each year, prepare and submit to the

17-9  Director of the Legislative Counsel Bureau, for submission to the

17-10  Legislature, or the Legislative Commission when the Legislature is

17-11  not in regular session, a report containing statistical data about

17-12  domestic violence in this state.

17-13     (i) Identify and review the collection and processing of

17-14  statistical data relating to criminal justice and the delinquency of

17-15  children by any agency identified in subsection 2, and make

17-16  recommendations for any necessary changes in the manner of

17-17  collecting and processing statistical data by any such agency.

17-18     7.  The Central Repository may:

17-19     (a) At the recommendation of the Advisory Committee and in

17-20  the manner prescribed by the Director of the Department,

17-21  disseminate compilations of statistical data and publish statistical

17-22  reports relating to crime or the delinquency of children.

17-23     (b) Charge a reasonable fee for any publication or special report

17-24  it distributes relating to data collected pursuant to this section. The

17-25  Central Repository may not collect such a fee from an agency of

17-26  criminal justice, any other agency dealing with crime or the

17-27  delinquency of children which is required to submit information

17-28  pursuant to subsection 2 or the State Disaster Identification Team of

17-29  the Division of Emergency Management of the Department. All

17-30  money collected pursuant to this paragraph must be used to pay for

17-31  the cost of operating the Central Repository.

17-32     (c) In the manner prescribed by the Director of the Department,

17-33  use electronic means to receive and disseminate information

17-34  contained in the Central Repository that it is authorized to

17-35  disseminate pursuant to the provisions of this chapter.

17-36     8.  As used in this section:

17-37     (a) “Advisory Committee” means the Committee established by

17-38  the Director of the Department pursuant to NRS 179A.078.

17-39     (b) “Personal identifying information” means any information

17-40  designed, commonly used or capable of being used, alone or in

17-41  conjunction with any other information, to identify a person,

17-42  including, without limitation:

17-43         (1) The name, driver’s license number, social security

17-44  number, date of birth and photograph or computer generated image

17-45  of a person; and

18-1          (2) The fingerprints, voiceprint, retina image and iris image

18-2  of a person.

18-3      Sec. 13.  This act becomes effective on July 1, 2003.

 

18-4  H