Senate Bill No. 503–Committee on Finance

 

May 31, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Revises provisions governing homeschooled children and millennium scholarships. (BDR 34‑1369)

 

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 education; providing for the participation of homeschooled children in interscholastic activities and events under certain circumstances; requiring the association formed for the purposes of controlling, supervising and regulating interscholastic events to adopt regulations governing the participation of homeschooled children; requiring the association to consult with certain homeschool advisory councils concerning the adoption and revisions of such regulations; revising the minimum qualifications for receipt of a millennium scholarship; 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 385.007 is hereby amended to read as follows:

1-2  385.007 As used in this title, unless the context otherwise

1-3  requires:

1-4  1.  “Charter school” means a public school that is formed

1-5  pursuant to the provisions of NRS 386.500 to 386.610, inclusive.

1-6  2.  “Department” means the Department of Education.

1-7  3.  “Homeschooled child” means a child who receives

1-8  instruction at home and who is exempt from compulsory

1-9  attendance pursuant to NRS 392.070.

2-1  4.  “Public schools” means all kindergartens and elementary

2-2  schools, junior high schools and middle schools, high schools,

2-3  charter schools and any other schools, classes and educational

2-4  programs which receive their support through public taxation and,

2-5  except for charter schools, whose textbooks and courses of study are

2-6  under the control of the State Board.

2-7  [4.] 5.  “State Board” means the State Board of Education.

2-8  Sec. 2.  Chapter 386 of NRS is hereby amended by adding

2-9  thereto the provisions set forth as sections 3, 4 and 5 of this act.

2-10      Sec. 3.  1.  A homeschooled child must be allowed to

2-11  participate in interscholastic activities and events in accordance

2-12  with the regulations adopted by the association pursuant to

2-13  NRS 386.430.

2-14      2.  The provisions of NRS 386.420 to 386.470, inclusive, and

2-15  sections 3, 4 and 5 of this act and the regulations adopted

2-16  pursuant thereto that apply to pupils enrolled in public schools

2-17  who participate in interscholastic activities and events apply in the

2-18  same manner to homeschooled children who participate in

2-19  interscholastic activities and events, including, without limitation,

2-20  provisions governing:

2-21      (a) Eligibility and qualifications for participation;

2-22      (b) Fees for participation;

2-23      (c) Insurance;

2-24      (d) Transportation;

2-25      (e) Requirements of physical examination;

2-26      (f) Responsibilities of participants;

2-27      (g) Schedules of events;

2-28      (h) Safety and welfare of participants;

2-29      (i) Eligibility for awards, trophies and medals;

2-30      (j) Conduct of behavior and performance of participants; and

2-31      (k) Disciplinary procedures.

2-32      Sec. 4.  No challenge may be brought by the association, a

2-33  school district, a public school or a private school, a parent or

2-34  guardian of a pupil enrolled in a public school or a private school,

2-35  a pupil enrolled in a public school or private school, or any other

2-36  entity or person, claiming that an interscholastic activity or event

2-37  is invalid because homeschooled children are allowed to

2-38  participate in the interscholastic activity or event.

2-39      Sec. 5.  A school district, public school or private school shall

2-40  not prescribe any regulations, rules, policies, procedures or

2-41  requirements governing the:

2-42      1.  Eligibility of homeschooled children to participate in

2-43  interscholastic activities and events pursuant to NRS 386.420 to

2-44  386.470, inclusive, and sections 3, 4 and 5 of this act; or

3-1  2.  Participation of homeschooled children in interscholastic

3-2  activities and events pursuant to NRS 386.420 to 386.470,

3-3  inclusive, and sections 3, 4 and 5 of this act,

3-4  that are more restrictive than the provisions governing eligibility

3-5  and participation prescribed by the association pursuant to

3-6  NRS 386.430.

3-7  Sec. 6.  NRS 386.430 is hereby amended to read as follows:

3-8  386.430  1.  The association shall adopt rules and regulations

3-9  in the manner provided for state agencies by chapter 233B of NRS,

3-10  as may be necessary to carry out the provisions of NRS 386.420 to

3-11  386.470, inclusive[.] , and sections 3, 4 and 5 of this act. The

3-12  regulations must include provisions governing the eligibility and

3-13  participation of homeschooled children in interscholastic activities

3-14  and events.

3-15      2.  If the association intends to adopt, repeal or amend a

3-16  policy, rule or regulation concerning or affecting homeschooled

3-17  children, the association shall consult with the Northern Nevada

3-18  Homeschool Advisory Council and the Southern Nevada

3-19  Homeschool Advisory Council, or their successor organizations, to

3-20  provide those Councils with a reasonable opportunity to submit

3-21  data, opinions or arguments, orally or in writing, concerning the

3-22  proposal or change. The association shall consider all written and

3-23  oral submissions respecting the proposal or change before taking

3-24  final action.

3-25      Sec. 7.  NRS 386.580 is hereby amended to read as follows:

3-26      386.580  1.  An application for enrollment in a charter school

3-27  may be submitted to the governing body of the charter school by the

3-28  parent or legal guardian of any child who resides in this state.

3-29  Except as otherwise provided in this subsection, a charter school

3-30  shall enroll pupils who are eligible for enrollment in the order in

3-31  which the applications are received. If the board of trustees of the

3-32  school district in which the charter school is located has established

3-33  zones of attendance pursuant to NRS 388.040, the charter school

3-34  shall, if practicable, ensure that the racial composition of pupils

3-35  enrolled in the charter school does not differ by more than 10

3-36  percent from the racial composition of pupils who attend public

3-37  schools in the zone in which the charter school is located. If more

3-38  pupils who are eligible for enrollment apply for enrollment in

3-39  the charter school than the number of spaces which are available,

3-40  the charter school shall determine which applicants to enroll on the

3-41  basis of a lottery system.

3-42      2.  Except as otherwise provided in subsection 6, a charter

3-43  school shall not accept applications for enrollment in the charter

3-44  school or otherwise discriminate based on the:

3-45      (a) Race;

4-1  (b) Gender;

4-2  (c) Religion;

4-3  (d) Ethnicity; or

4-4  (e) Disability,

4-5  of a pupil.

4-6  3.  If the governing body of a charter school determines that the

4-7  charter school is unable to provide an appropriate special education

4-8  program and related services for a particular disability of a pupil

4-9  who is enrolled in the charter school, the governing body may

4-10  request that the board of trustees of the school district of the county

4-11  in which the pupil resides transfer that pupil to an appropriate

4-12  school.

4-13      4.  Except as otherwise provided in this subsection, upon the

4-14  request of a parent or legal guardian of a child who is enrolled in a

4-15  public school of a school district or a private school, or [who

4-16  receives instruction at home,] a parent or legal guardian of a

4-17  homeschooled child, the governing body of the charter school shall

4-18  authorize the child to participate in a class that is not otherwise

4-19  available to the child at his school or home school or participate in

4-20  an extracurricular activity at the charter school if:

4-21      (a) Space for the child in the class or extracurricular activity is

4-22  available; and

4-23      (b) The parent or legal guardian demonstrates to the satisfaction

4-24  of the governing body that the child is qualified to participate in the

4-25  class or extracurricular activity.

4-26  If the governing body of a charter school authorizes a child to

4-27  participate in a class or extracurricular activity pursuant to this

4-28  subsection, the governing body is not required to provide

4-29  transportation for the child to attend the class or activity. A charter

4-30  school shall not authorize such a child to participate in a class or

4-31  activity through a program of distance education provided by the

4-32  charter school pursuant to NRS 388.820 to 388.874, inclusive.

4-33      5.  The governing body of a charter school may revoke its

4-34  approval for a child to participate in a class or extracurricular

4-35  activity at a charter school pursuant to subsection 4 if the governing

4-36  body determines that the child has failed to comply with applicable

4-37  statutes, or applicable rules and regulations. If the governing body

4-38  so revokes its approval, neither the governing body nor the charter

4-39  school is liable for any damages relating to the denial of services to

4-40  the child.

4-41      6.  This section does not preclude the formation of a charter

4-42  school that is dedicated to provide educational services exclusively

4-43  to pupils:

4-44      (a) With disabilities;

5-1  (b) Who pose such severe disciplinary problems that they

5-2  warrant an educational program specifically designed to serve a

5-3  single gender and emphasize personal responsibility and

5-4  rehabilitation; or

5-5  (c) Who are at risk.

5-6  If more eligible pupils apply for enrollment in such a charter school

5-7  than the number of spaces which are available, the charter school

5-8  shall determine which applicants to enroll on the basis of a lottery

5-9  system.

5-10      Sec. 8.  NRS 392.070 is hereby amended to read as follows:

5-11      392.070  1.  Attendance required by the provisions of NRS

5-12  392.040 must be excused when satisfactory written evidence is

5-13  presented to the board of trustees of the school district in which the

5-14  child resides that the child is receiving at home or in some other

5-15  school equivalent instruction of the kind and amount approved by

5-16  the State Board.

5-17      2.  The board of trustees of each school district shall provide

5-18  programs of special education and related services for

5-19  homeschooled children . [who are exempt from compulsory

5-20  attendance pursuant to subsection 1 and receive instruction at

5-21  home.] The programs of special education and related services

5-22  required by this section must be made available:

5-23      (a) Only if a child would otherwise be eligible for participation

5-24  in programs of special education and related services pursuant to

5-25  NRS 388.440 to 388.520, inclusive;

5-26      (b) In the same manner that the board of trustees provides, as

5-27  required by 20 U.S.C. § 1412, for the participation of pupils with

5-28  disabilities who are enrolled in private schools within the school

5-29  district voluntarily by their parents or legal guardians; and

5-30      (c) In accordance with the same requirements set forth in 20

5-31  U.S.C. § 1412 which relate to the participation of pupils with

5-32  disabilities who are enrolled in private schools within the school

5-33  district voluntarily by their parents or legal guardians.

5-34      3.  Except as otherwise provided in subsection 2 for programs

5-35  of special education and related services, upon the request of a

5-36  parent or legal guardian of a child who is enrolled in a private

5-37  school or [who receives instruction at home,] a parent or legal

5-38  guardian of a homeschooled child, the board of trustees of the

5-39  school district in which the child resides shall authorize the child to

5-40  participate in a class that is not available to the child at the private

5-41  school or home school or participate in an extracurricular activity,

5-42  excluding sports, at a public school within the school district if:

5-43      (a) Space for the child in the class or extracurricular activity is

5-44  available; and

6-1  (b) The parent or legal guardian demonstrates to the satisfaction

6-2  of the board of trustees that the child is qualified to participate in the

6-3  class or extracurricular activity.

6-4  If the board of trustees of a school district authorizes a child to

6-5  participate in a class or extracurricular activity, excluding sports,

6-6  pursuant to this subsection, the board of trustees is not required to

6-7  provide transportation for the child to attend the class or activity. A

6-8  homeschooled child must be allowed to participate in

6-9  interscholastic activities and events pursuant to NRS 386.420 to

6-10  386.470, inclusive, and sections 3, 4 and 5 of this act.

6-11      4.  The board of trustees of a school district may revoke its

6-12  approval for a pupil to participate in a class or extracurricular

6-13  activity at a public school pursuant to subsection 3 if the board of

6-14  trustees or the public school determines that the pupil has failed to

6-15  comply with applicable statutes, or applicable rules and regulations

6-16  of the board of trustees. If the board of trustees revokes its approval,

6-17  neither the board of trustees nor the public school are liable for any

6-18  damages relating to the denial of services to the pupil.

6-19      5.  The programs of special education and related services

6-20  required by subsection 2 may be offered at a public school or

6-21  another location that is appropriate.

6-22      6.  The Department may adopt such regulations as are necessary

6-23  for the boards of trustees of school districts to provide the programs

6-24  of special education and related services required by subsection 2.

6-25      7.  As used in this section, “related services” has the meaning

6-26  ascribed to it in 20 U.S.C. § 1401(22).

6-27      Sec. 9.  NRS 396.930 is hereby amended to read as follows:

6-28      396.930  1.  Except as otherwise provided in subsections 2 and

6-29  3, a student may apply to the Board of Regents for a millennium

6-30  scholarship if he:

6-31      (a) Has been a resident of this state for at least 2 years before he

6-32  applies for the scholarship;

6-33      (b) Except as otherwise provided in paragraph (c), graduated

6-34  from a public or private high school in this state:

6-35          (1) After May 1, 2000 [; and

6-36          (2) Not] , but not later than May 1, 2003; or

6-37          (2) After May 1, 2003, and, except as otherwise provided in

6-38  paragraph (c) of subsection 2, not more than [8] 6 years before he

6-39  applies for the scholarship;

6-40      (c) Does not satisfy the requirements of paragraph (b) and:

6-41          (1) Was enrolled as a pupil in a public or private high school

6-42  in this state with a class of pupils who were regularly scheduled to

6-43  graduate after May 1, 2000;

6-44          (2) Received his high school diploma within [5] 4 years after

6-45  he was regularly scheduled to graduate; and

7-1       (3) Applies for the scholarship not more than [8] 6 years after

7-2  he was regularly scheduled to graduate from high school;

7-3  (d) Maintained [at least a 3.0 grade-point average on a 4.0

7-4  grading scale] in high school in the [core curriculum, as determined]

7-5  courses designated by the Board of Regents pursuant to paragraph

7-6  (b) of subsection 2 [;] , at least:

7-7       (1) A 3.0 grade-point average on a 4.0 grading scale, if he

7-8  was a member of the graduating class of 2003 or 2004;

7-9       (2) A 3.1 grade-point average on a 4.0 grading scale, if he

7-10  was a member of the graduating class of 2005 or 2006; or

7-11          (3) A 3.25 grade-point average on a 4.0 grading scale, if he

7-12  was a member of the graduating class of 2007 or a later

7-13  graduating class; and

7-14      (e) Is enrolled in at least:

7-15          (1) Six semester credit hours in a community college within

7-16  the System; or

7-17          (2) Twelve semester credit hours in another eligible

7-18  institution.

7-19      2.  The Board of Regents [shall:

7-20      (a) Define] :

7-21      (a) Shall define the core curriculum that a student must

7-22  complete in high school to be eligible for a millennium scholarship.

7-23      (b) [Develop a plan to ensure that needy students and students

7-24  from families that otherwise could not afford to send their children

7-25  to college receive millennium scholarships.] Shall designate the

7-26  courses in which a student must earn the minimum grade-point

7-27  averages set forth in paragraph (d) of subsection 1.

7-28      (c) May establish criteria with respect to students who have

7-29  been on active duty serving in the Armed Forces of the United

7-30  States to exempt such students from the 6-year limitation on

7-31  applications that is set forth in subparagraph (2) of paragraph (b)

7-32  of subsection 1.

7-33      3.  Except as otherwise provided in paragraph (c) of subsection

7-34  1, for students who did not graduate from a public or private high

7-35  school in this state and who have been residents of this state for at

7-36  least 2 years, the Board of Regents shall establish:

7-37      (a) The minimum score on a standardized test that such students

7-38  must receive; or

7-39      (b) Other criteria that students must meet,

7-40  to be eligible for millennium scholarships.

7-41      4.  In awarding scholarships, the Board of Regents shall

7-42  enhance its outreach to students who:

7-43      (a) Are pursuing a career in education or health care;

8-1  (b) Come from families who lack sufficient financial resources

8-2  to pay for the costs of sending their children to an eligible

8-3  institution; or

8-4  (c) Substantially participated in an antismoking, antidrug or

8-5  antialcohol program during high school.

8-6  Sec. 10.  NRS 396.934 is hereby amended to read as follows:

8-7  396.934  1.  Within the limits of money available in the Trust

8-8  Fund, a student who is eligible for a millennium scholarship is

8-9  entitled to receive:

8-10      (a) If he is enrolled in a community college within the System,

8-11  $40 per credit for each lower division course and $60 per credit for

8-12  each upper division course in which the student is enrolled, or the

8-13  amount of money that is necessary for the student to pay the costs of

8-14  attending the community college that are not otherwise satisfied by

8-15  other grants or scholarships, whichever is less. The Board of

8-16  Regents shall provide for the designation of upper and lower

8-17  division courses for the purposes of this paragraph.

8-18      (b) If he is enrolled in a state college within the System, $60 per

8-19  credit for which the student is enrolled, or the amount of money that

8-20  is necessary for the student to pay the costs of attending the state

8-21  college that are not otherwise satisfied by other grants or

8-22  scholarships, whichever is less.

8-23      (c) If he is enrolled in another eligible institution, $80 per credit

8-24  for which the student is enrolled, or the amount of money that is

8-25  necessary for the student to pay the costs of attending the university

8-26  that are not otherwise satisfied by other grants or scholarships,

8-27  whichever is less.

8-28  No student may be awarded a scholarship for a total amount in

8-29  excess of $10,000.

8-30      2.  A student who receives a millennium scholarship shall:

8-31      (a) Make satisfactory academic progress toward a recognized

8-32  degree or certificate, as determined by the Board of Regents

8-33  pursuant to subsection 5; and

8-34      (b) [Maintain] If the student graduated from high school after

8-35  May 1, 2003, maintain at least a [2.0] 2.6 grade-point average on a

8-36  4.0 grading scale.

8-37      3.  A millennium scholarship must be used only:

8-38      (a) For the payment of registration fees and laboratory fees and

8-39  expenses;

8-40      (b) To purchase required textbooks and course materials; and

8-41      (c) For other costs related to the attendance of the student at the

8-42  eligible institution.

8-43      4.  The Board of Regents shall certify a list of eligible students

8-44  to the State Treasurer. The State Treasurer shall disburse a

8-45  millennium scholarship for each semester on behalf of an eligible

9-1  student directly to the eligible institution in which the student is

9-2  enrolled, upon certification from the eligible institution of the

9-3  number of credits for which the student is enrolled, which must

9-4  meet or exceed the minimum number of credits required for

9-5  eligibility and certification that the student is in good standing and

9-6  making satisfactory academic progress toward a recognized degree

9-7  or certificate, as determined by the Board of Regents pursuant to

9-8  subsection 5. The scholarship must be administered by the eligible

9-9  institution as other similar scholarships are administered and may be

9-10  used only for the expenditures authorized pursuant to subsection 3.

9-11      5.  The Board of Regents shall establish criteria for determining

9-12  whether a student is making satisfactory academic progress toward a

9-13  recognized degree or certificate for purposes of subsection 4.

9-14      Sec. 11.  This act becomes effective on July 1, 2003.

 

9-15  H