SB59

Senate Bill No. 59–Senator Rhoads

February 6, 2003

____________

Referred to Committee on Human Resources and Facilities

SUMMARY—Authorizes board of trustees of school district under certain circumstances to provide program of instruction based on alternative schedule without approval of Superintendent of Public Instruction. (BDR 34‑736)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: No.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to education; authorizing the board of trustees of a school district under certain circumstances to provide a program of instruction based on an alternative schedule without the approval of the Superintendent of Public Instruction; 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 387.123 is hereby amended to read as follows:

1-2 387.123 1. The count of pupils for apportionment purposes

1-3 includes all pupils who are enrolled in programs of instruction of the

1-4 school district, including, without limitation, a program of distance

1-5 education provided by the school district, or pupils who reside in the

1-6 county in which the school district is located and are enrolled in any

1-7 charter school, including, without limitation, a program of distance

1-8 education provided by a charter school, for:

1-9 (a) Pupils in the kindergarten department.

1-10 (b) Pupils in grades 1 to 12, inclusive.

1-11 (c) Pupils not included under paragraph (a) or (b) who are

1-12 receiving special education pursuant to the provisions of NRS

1-13 388.440 to 388.520, inclusive.

2-1 (d) Pupils who reside in the county and are enrolled part time in

2-2 a program of distance education if an agreement is filed with the

2-3 Superintendent of Public Instruction pursuant to NRS 388.854 or

2-4 388.858, as applicable.

2-5 (e) Children detained in detention homes, alternative programs

2-6 and juvenile forestry camps receiving instruction pursuant to the

2-7 provisions of NRS 388.550, 388.560 and 388.570.

2-8 (f) Pupils who are enrolled in classes pursuant to subsection 4 of

2-9 NRS 386.560 and pupils who are enrolled in classes pursuant to

2-10 subsection 4 of NRS 386.580.

2-11 (g) Pupils who are enrolled in classes pursuant to subsection 3

2-12 of NRS 392.070.

2-13 (h) Pupils who are enrolled in classes and taking courses

2-14 necessary to receive a high school diploma, excluding those pupils

2-15 who are included in paragraphs (d), (f) and (g).

2-16 2. The State Board shall establish uniform regulations for

2-17 counting enrollment and calculating the average daily attendance of

2-18 pupils. In establishing such regulations for the public schools, the

2-19 State Board:

2-20 (a) Shall divide the school year into 10 school months, each

2-21 containing 20 or fewer school days[.] , or its equivalent for those

2-22 public schools operating under an alternative schedule authorized

2-23 pursuant to NRS 388.090.

2-24 (b) May divide the pupils in grades 1 to 12, inclusive, into

2-25 categories composed respectively of those enrolled in elementary

2-26 schools and those enrolled in secondary schools.

2-27 (c) Shall prohibit the counting of any pupil specified in

2-28 subsection 1 more than once.

2-29 3. Except as otherwise provided in subsection 4 and NRS

2-30 388.700, the State Board shall establish by regulation the maximum

2-31 pupil-teacher ratio in each grade, and for each subject matter

2-32 wherever different subjects are taught in separate classes, for each

2-33 school district of this state which is consistent with:

2-34 (a) The maintenance of an acceptable standard of instruction;

2-35 (b) The conditions prevailing in the school district with respect

2-36 to the number and distribution of pupils in each grade; and

2-37 (c) Methods of instruction used, which may include educational

2-38 television, team teaching or new teaching systems or

2-39 techniques.

2-40 If the Superintendent of Public Instruction finds that any school

2-41 district is maintaining one or more classes whose pupil-teacher ratio

2-42 exceeds the applicable maximum, and unless he finds that the board

2-43 of trustees of the school district has made every reasonable effort in

2-44 good faith to comply with the applicable standard, he shall, with the

2-45 approval of the State Board, reduce the count of pupils for

3-1 apportionment purposes by the percentage which the number of

3-2 pupils attending those classes is of the total number of pupils in the

3-3 district, and the State Board may direct him to withhold the

3-4 quarterly apportionment entirely.

3-5 4. The provisions of subsection 3 do not apply to a charter

3-6 school or a program of distance education provided pursuant to NRS

3-7 388.820 to 388.874, inclusive.

3-8 Sec. 2. NRS 388.090 is hereby amended to read as follows:

3-9 388.090 1. Except as otherwise [permitted pursuant to]

3-10 provided in this section, boards of trustees of school districts shall

3-11 schedule and provide a minimum of 180 days of free school in the

3-12 districts under their charge.

3-13 2. Except as otherwise provided in subsection 3, the board of

3-14 trustees of a school district may authorize a program of instruction

3-15 based on an alternative schedule if the number of minutes of

3-16 instruction to be provided is equal to or greater than the number

3-17 of minutes of instruction that would be provided in a program of

3-18 instruction consisting of 180 school days. The number of minutes

3-19 of instruction required for a particular group of pupils in a

3-20 program of instruction based on an alternative schedule must be

3-21 determined by multiplying the appropriate minimum daily period

3-22 of instruction established by the State Board by regulation for that

3-23 particular group of pupils by 180.

3-24 3. The Superintendent of Public Instruction may, upon

3-25 application by [a] the board of trustees[, authorize a reduction of

3-26 not more than 15 school days in a particular] of a school district,

3-27 authorize the school district to establish or maintain an alternative

3-28 schedule consisting of a 12-month school program , [or a program

3-29 involving alternative scheduling,] if the board of trustees

3-30 demonstrates that the proposed schedule for the 12-month school

3-31 program provides for a [greater] number of minutes of instruction

3-32 that is equal to or greater than that which would be provided under

3-33 a program consisting of 180 school days. [Before authorizing a

3-34 reduction in the number of required school days pursuant to this

3-35 subsection, the Superintendent of Public Instruction must find that

3-36 the proposed schedule will be used to alleviate problems associated

3-37 with a growth in enrollment or overcrowding, or to establish and

3-38 maintain a program of alternative schooling, including, without

3-39 limitation, a program of distance education provided by the board of

3-40 trustees pursuant to NRS 388.820 to 388.874, inclusive.

3-41 3. The Superintendent of Public Instruction may, upon

3-42 application by a board of trustees, authorize the addition of minutes

3-43 of instruction to any scheduled day of free school if days of free

3-44 school are lost because of any interscholastic activity. Not more than

3-45 5 days of free school so lost may be rescheduled in this manner.]

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

4-2 of school or its equivalent in addition to the number of days

4-3 required by this section, which must be used if a natural disaster,

4-4 inclement weather or an accident necessitates the closing of a

4-5 majority of the facilities within the district.

4-6 5. If more than 3 days of free school or its equivalent are lost

4-7 because a natural disaster, inclement weather or an accident

4-8 necessitates the closing of a majority of the facilities within a school

4-9 district, the Superintendent of Public Instruction, upon application

4-10 by the school district, may permit the additional days lost to be

4-11 counted as school days in session. The application must be

4-12 submitted in the manner prescribed by the Superintendent of Public

4-13 Instruction.

4-14 6. The State Board shall adopt regulations providing

4-15 procedures for changing schedules of instruction to be used if a

4-16 natural disaster, inclement weather or an accident necessitates the

4-17 closing of a particular school within a school district.

4-18 Sec. 3. NRS 391.3115 is hereby amended to read as follows:

4-19 391.3115 1. The demotion, suspension, dismissal and

4-20 nonreemployment provisions of NRS 391.311 to 391.3197,

4-21 inclusive, do not apply to:

4-22 (a) Substitute teachers; or

4-23 (b) Adult education teachers.

4-24 2. A licensed employee who is employed in a position fully

4-25 funded by a federal or private categorical grant or to replace another

4-26 licensed employee during that employee’s leave of absence is

4-27 employed only for the duration of the grant or leave. Such a licensed

4-28 employee and licensed employees who are employed on temporary

4-29 contracts for 90 school days or less , or its equivalent in a school

4-30 district operating under an alternative schedule authorized

4-31 pursuant to NRS 388.090, to replace licensed employees whose

4-32 employment has terminated after the beginning of the school year

4-33 are entitled to credit for that time in fulfilling any period of

4-34 probation and during that time the provisions of NRS 391.311 to

4-35 391.3197, inclusive, for demotion, suspension or dismissal apply to

4-36 them.

4-37 Sec. 4. NRS 392.019 is hereby amended to read as follows:

4-38 392.019 1. Except as otherwise provided in this subsection, if

4-39 a child is exempt from compulsory attendance pursuant to NRS

4-40 392.070, 392.100 or 392.110, and the child is employed to work in

4-41 the entertainment industry pursuant to a written contract for a period

4-42 of more than 91 school days, or its equivalent if the child resides in

4-43 a school district operating under an alternative schedule

4-44 authorized pursuant to NRS 388.090, including, without limitation,

4-45 employment with a motion picture company or employment with a

5-1 production company hired by a casino or resort hotel, the entity that

5-2 employs the child shall, upon the request of the parent or legal

5-3 guardian of the child, pay the costs for the child to receive at least 3

5-4 hours of tutoring per day for at least 5 days per week. In lieu of

5-5 tutoring, the parent or legal guardian of such a child may agree with

5-6 the entity that employs the child that the entity will pay the costs for

5-7 the child to receive other educational or instructional services which

5-8 are equivalent to tutoring. The provisions of this subsection apply

5-9 during the period of a child’s employment with an entity, regardless

5-10 of whether the child has obtained the appropriate exemption from

5-11 compulsory attendance at the time his contract with the entity is

5-12 under negotiation.

5-13 2. If such a child is exempt from compulsory attendance

5-14 pursuant to NRS 392.100 or 392.110, the tutoring or other

5-15 educational or instructional services received by the child pursuant

5-16 to subsection 1 must be approved by the board of trustees of the

5-17 school district in which the child resides.

5-18 Sec. 5. NRS 392.435 is hereby amended to read as follows:

5-19 392.435 1. Unless excused because of religious belief or

5-20 medical condition, a child may not be enrolled in a public school

5-21 within this state unless his parents or guardian submit to the board

5-22 of trustees of the school district in which the child resides or the

5-23 governing body of the charter school in which the child has been

5-24 accepted for enrollment a certificate stating that the child has been

5-25 immunized and has received proper boosters for that immunization

5-26 or is complying with the schedules established by regulation

5-27 pursuant to NRS 439.550 for the following diseases:

5-28 (a) Diphtheria;

5-29 (b) Tetanus;

5-30 (c) Pertussis if the child is under 6 years of age;

5-31 (d) Poliomyelitis;

5-32 (e) Rubella;

5-33 (f) Rubeola; and

5-34 (g) Such other diseases as the local board of health or the State

5-35 Board of Health may determine.

5-36 2. The certificate must show that the required vaccines and

5-37 boosters were given and must bear the signature of a licensed

5-38 physician or his designee or a registered nurse or his designee,

5-39 attesting that the certificate accurately reflects the child’s record of

5-40 immunization.

5-41 3. If the requirements of subsection 1 can be met with one visit

5-42 to a physician or clinic, procedures for conditional enrollment do not

5-43 apply.

5-44 4. A child may enter school conditionally if the parent or

5-45 guardian submits a certificate from a physician or local health

6-1 officer that the child is receiving the required immunizations. If a

6-2 certificate from the physician or local health officer showing that the

6-3 child has been fully immunized is not submitted to the appropriate

6-4 school officers within 90 school days , or its equivalent in a school

6-5 district operating under an alternative schedule authorized

6-6 pursuant to NRS 388.090, after the child was conditionally

6-7 admitted, the child must be excluded from school and may not be

6-8 readmitted until the requirements for immunization have been met.

6-9 A child who is excluded from school pursuant to this section is a

6-10 neglected child for the purposes of NRS 432.100 to 432.130,

6-11 inclusive, and chapter 432B of NRS.

6-12 5. Before December 31 of each year, each school district and

6-13 the governing body of each charter school shall report to the Health

6-14 Division of the Department of Human Resources, on a form

6-15 furnished by the Division, the exact number of pupils who have

6-16 completed the immunizations required by this section.

6-17 6. The certificate of immunization must be included in the

6-18 pupil’s academic or cumulative record and transferred as part of that

6-19 record upon request.

6-20 Sec. 6. NRS 62.224 is hereby amended to read as follows:

6-21 62.224 1. In addition to any other action authorized pursuant

6-22 to the provisions of this chapter, if a child is found to be in need of

6-23 supervision because he is a habitual truant, the court shall:

6-24 (a) The first time the child is found to be in need of supervision

6-25 because he is a habitual truant:

6-26 (1) Order the child to:

6-27 (I) Pay a fine of not more than $100 pursuant to

6-28 paragraph (l) of subsection 1 of NRS 62.211 and the administrative

6-29 assessment required by NRS 62.2175; or

6-30 (II) Perform not less than 8 hours but not more than 16

6-31 hours of community service in compliance with the provisions of

6-32 subsection 3; and

6-33 (2) If the child is 14 years of age or older, order the

6-34 suspension of the child’s driver’s license for at least 30 days but not

6-35 more than 6 months. If the child does not possess a driver’s license,

6-36 the court shall prohibit the child from applying for a driver’s license

6-37 for 30 days:

6-38 (I) Immediately following the date of the order if the child

6-39 is eligible to apply for a driver’s license; or

6-40 (II) After the date he becomes eligible to apply for a

6-41 driver’s license if the child is not eligible to apply for a driver’s

6-42 license.

6-43 (b) The second or any subsequent time the child is found to be

6-44 in need of supervision because he is a habitual truant:

6-45 (1) Order the child to:

7-1 (I) Pay a fine of not more than $200 pursuant to

7-2 paragraph (l) of subsection 1 of NRS 62.211 and the administrative

7-3 assessment required by NRS 62.2175;

7-4 (II) Perform not more than 10 hours of community

7-5 service in compliance with the provisions of subsection 3; or

7-6 (III) Comply with the requirements set forth in both

7-7 sub‑subparagraphs (I) and (II); and

7-8 (2) If the child is 14 years of age or older, order the

7-9 suspension of the child’s driver’s license for at least 60 days but not

7-10 more than 1 year. If the child does not possess a driver’s license, the

7-11 court shall prohibit the child from applying for a driver’s license for

7-12 60 days:

7-13 (I) Immediately following the date of the order if the child

7-14 is eligible to apply for a driver’s license; or

7-15 (II) After the date he becomes eligible to apply for a

7-16 driver’s license if the child is not eligible to apply for a driver’s

7-17 license.

7-18 2. The court may suspend the payment of a fine ordered

7-19 pursuant to paragraph (a) of subsection 1 if the child attends school

7-20 for 60 consecutive school days , or its equivalent in a school

7-21 district operating under an alternative schedule authorized

7-22 pursuant to NRS 388.090, after the imposition of the fine, or has a

7-23 valid excuse acceptable to his teacher or the principal for any

7-24 absence from school within that period.

7-25 3. The community service ordered pursuant to paragraph (a) or

7-26 (b) of subsection 1 must be performed:

7-27 (a) For and under the supervising authority of a county, city,

7-28 town or other political subdivision or agency of this state or a

7-29 charitable organization that renders service to the community or its

7-30 residents; and

7-31 (b) At the child’s school of attendance, if practicable.

7-32 4. If the court issues an order suspending a child’s driver’s

7-33 license pursuant to subsection 1, the court shall require the child to

7-34 surrender to the court all driver’s licenses then held by the child.

7-35 Sec. 7. This act becomes effective on July 1, 2003.

7-36 H