(Reprinted with amendments adopted on June 2, 2003)
THIRD REPRINT S.B. 59
Senate Bill No. 59–Senator Rhoads
February 6, 2003
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Revises provisions governing alternative schedules of school districts. (BDR 34‑736)
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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 for an alternative schedule described in subsection
3-14 3, the Superintendent of Public Instruction may, upon application
3-15 by the board of trustees of a school district, authorize the school
3-16 district to provide a program of instruction based on an alternative
3-17 schedule if the number of minutes of instruction to be provided is
3-18 equal to or greater than the number of minutes of instruction that
3-19 would be provided in a program of instruction consisting of 180
3-20 school days. The Superintendent of Public Instruction shall notify
3-21 the board of trustees of the school district of the approval or denial
3-22 of the application not later than 30 days after the Superintendent
3-23 of Public Instruction receives the application. An alternative
3-24 schedule proposed pursuant to this subsection must be developed
3-25 in accordance with chapter 288 of NRS. If a school district is
3-26 located in a county whose population is 100,000 or more, the
3-27 school district may not submit an application pursuant to this
3-28 subsection unless the proposed alternative schedule of the school
3-29 district will apply only to a rural portion or a remote portion of the
3-30 county in which the school district is located, as defined by the
3-31 State Board pursuant to subsection 8.
3-32 3. The Superintendent of Public Instruction may, upon
3-33 application by [a] theboard of trustees [,] of a school district,
3-34 authorize a reduction of not more than 15 school days in [a] that
3-35 particular district to establish or maintain an alternative schedule
3-36 consisting of a 12-month school program [or a program involving
3-37 alternative scheduling,] if the board of trustees demonstrates that the
3-38 proposed alternative schedule for the program provides for a
3-39 [greater] number of minutes of instruction that is equal to or
3-40 greaterthan that whichwould be provided under a program
3-41 consisting of 180 school days. Before authorizing a reduction in the
3-42 number of required school days pursuant to this subsection, the
3-43 Superintendent of Public Instruction must find that the proposed
3-44 alternative schedule will be used to alleviate problems associated
3-45 with a growth in enrollment or overcrowding . [, or to establish and
4-1 maintain a program of alternative schooling, including, without
4-2 limitation, a program of distance education provided by the board of
4-3 trustees pursuant to NRS 388.820 to 388.874, inclusive.
4-4 3.] 4. The Superintendent of Public Instruction may, upon
4-5 application by a board of trustees, authorize the addition of minutes
4-6 of instruction to any scheduled day of free school if days of free
4-7 school are lost because of any interscholastic activity. Not more than
4-8 5 days of free school so lost may be rescheduled in this manner.
4-9 [4.] The provisions of this subsection do not apply to an
4-10 alternative schedule approved pursuant to subsection 2.
4-11 5. The number of minutes of instruction required for a
4-12 particular group of pupils in a program of instruction based on an
4-13 alternative schedule approved pursuant to this section must be
4-14 determined by multiplying the appropriate minimum daily period
4-15 of instruction established by the State Board by regulation for that
4-16 particular group of pupils by 180.
4-17 6. Each school district shall schedule at least 3 contingent days
4-18 of school , or its equivalent if the school district operates under an
4-19 alternative schedule authorized pursuant to this section, in
4-20 addition to the number of days required by this section, which must
4-21 be used if a natural disaster, inclement weather or an accident
4-22 necessitates the closing of a majority of the facilities within the
4-23 district.
4-24 [5.] 7. If more than 3 days of free school , or its equivalent if
4-25 the school district operates under an alternative schedule
4-26 authorized pursuant to this section, are lost because a natural
4-27 disaster, inclement weather or an accident necessitates the closing of
4-28 a majority of the facilities within a school district, the
4-29 Superintendent of Public Instruction, upon application by the school
4-30 district, may permit the additional days lost to be counted as school
4-31 days in session. The application must be submitted in the manner
4-32 prescribed by the Superintendent of Public Instruction.
4-33 [6.] 8. The State Board shall adopt regulations [providing] :
4-34 (a) Providing procedures for changing schedules of instruction
4-35 to be used if a natural disaster, inclement weather or an accident
4-36 necessitates the closing of a particular school within a school
4-37 district.
4-38 (b) Defining a rural portion of a county and a remote portion
4-39 of a county for the purposes of subsection 2.
4-40 Sec. 3. NRS 391.3115 is hereby amended to read as follows:
4-41 391.3115 1. The demotion, suspension, dismissal and
4-42 nonreemployment provisions of NRS 391.311 to 391.3197,
4-43 inclusive, do not apply to:
4-44 (a) Substitute teachers; or
4-45 (b) Adult education teachers.
5-1 2. A licensed employee who is employed in a position fully
5-2 funded by a federal or private categorical grant or to replace another
5-3 licensed employee during that employee’s leave of absence is
5-4 employed only for the duration of the grant or leave. Such a licensed
5-5 employee and licensed employees who are employed on temporary
5-6 contracts for 90 school days or less , or its equivalent in a school
5-7 district operating under an alternative schedule authorized
5-8 pursuant to NRS 388.090, to replace licensed employees whose
5-9 employment has terminated after the beginning of the school year
5-10 are entitled to credit for that time in fulfilling any period of
5-11 probation and during that time the provisions of NRS 391.311 to
5-12 391.3197, inclusive, for demotion, suspension or dismissal apply to
5-13 them.
5-14 Sec. 4. NRS 392.019 is hereby amended to read as follows:
5-15 392.019 1. Except as otherwise provided in this subsection, if
5-16 a child is exempt from compulsory attendance pursuant to NRS
5-17 392.070, 392.100 or 392.110, and the child is employed to work in
5-18 the entertainment industry pursuant to a written contract for a period
5-19 of more than 91 school days, or its equivalent if the child resides in
5-20 a school district operating under an alternative schedule
5-21 authorized pursuant to NRS 388.090, including, without limitation,
5-22 employment with a motion picture company or employment with a
5-23 production company hired by a casino or resort hotel, the entity that
5-24 employs the child shall, upon the request of the parent or legal
5-25 guardian of the child, pay the costs for the child to receive at least 3
5-26 hours of tutoring per day for at least 5 days per week. In lieu of
5-27 tutoring, the parent or legal guardian of such a child may agree with
5-28 the entity that employs the child that the entity will pay the costs for
5-29 the child to receive other educational or instructional services which
5-30 are equivalent to tutoring. The provisions of this subsection apply
5-31 during the period of a child’s employment with an entity, regardless
5-32 of whether the child has obtained the appropriate exemption from
5-33 compulsory attendance at the time his contract with the entity is
5-34 under negotiation.
5-35 2. If such a child is exempt from compulsory attendance
5-36 pursuant to NRS 392.100 or 392.110, the tutoring or other
5-37 educational or instructional services received by the child pursuant
5-38 to subsection 1 must be approved by the board of trustees of the
5-39 school district in which the child resides.
5-40 Sec. 5. NRS 392.435 is hereby amended to read as follows:
5-41 392.435 1. Unless excused because of religious belief or
5-42 medical condition, a child may not be enrolled in a public school
5-43 within this state unless his parents or guardian submit to the board
5-44 of trustees of the school district in which the child resides or the
5-45 governing body of the charter school in which the child has been
6-1 accepted for enrollment a certificate stating that the child has been
6-2 immunized and has received proper boosters for that immunization
6-3 or is complying with the schedules established by regulation
6-4 pursuant to NRS 439.550 for the following diseases:
6-5 (a) Diphtheria;
6-6 (b) Tetanus;
6-7 (c) Pertussis if the child is under 6 years of age;
6-8 (d) Poliomyelitis;
6-9 (e) Rubella;
6-10 (f) Rubeola; and
6-11 (g) Such other diseases as the local board of health or the State
6-12 Board of Health may determine.
6-13 2. The certificate must show that the required vaccines and
6-14 boosters were given and must bear the signature of a licensed
6-15 physician or his designee or a registered nurse or his designee,
6-16 attesting that the certificate accurately reflects the child’s record of
6-17 immunization.
6-18 3. If the requirements of subsection 1 can be met with one visit
6-19 to a physician or clinic, procedures for conditional enrollment do not
6-20 apply.
6-21 4. A child may enter school conditionally if the parent or
6-22 guardian submits a certificate from a physician or local health
6-23 officer that the child is receiving the required immunizations. If a
6-24 certificate from the physician or local health officer showing that the
6-25 child has been fully immunized is not submitted to the appropriate
6-26 school officers within 90 school days , or its equivalent in a school
6-27 district operating under an alternative schedule authorized
6-28 pursuant to NRS 388.090, after the child was conditionally
6-29 admitted, the child must be excluded from school and may not be
6-30 readmitted until the requirements for immunization have been met.
6-31 A child who is excluded from school pursuant to this section is a
6-32 neglected child for the purposes of NRS 432.100 to 432.130,
6-33 inclusive, and chapter 432B of NRS.
6-34 5. Before December 31 of each year, each school district and
6-35 the governing body of each charter school shall report to the Health
6-36 Division of the Department of Human Resources, on a form
6-37 furnished by the Division, the exact number of pupils who have
6-38 completed the immunizations required by this section.
6-39 6. The certificate of immunization must be included in the
6-40 pupil’s academic or cumulative record and transferred as part of that
6-41 record upon request.
6-42 Sec. 6. NRS 62.224 is hereby amended to read as follows:
6-43 62.224 1. In addition to any other action authorized pursuant
6-44 to the provisions of this chapter, if a child is found to be in need of
6-45 supervision because he is a habitual truant, the court shall:
7-1 (a) The first time the child is found to be in need of supervision
7-2 because he is a habitual truant:
7-3 (1) Order the child to:
7-4 (I) Pay a fine of not more than $100 pursuant to
7-5 paragraph (l) of subsection 1 of NRS 62.211 and the administrative
7-6 assessment required by NRS 62.2175; or
7-7 (II) Perform not less than 8 hours but not more than 16
7-8 hours of community service in compliance with the provisions of
7-9 subsection 3; and
7-10 (2) If the child is 14 years of age or older, order the
7-11 suspension of the child’s driver’s license for at least 30 days but not
7-12 more than 6 months. If the child does not possess a driver’s license,
7-13 the court shall prohibit the child from applying for a driver’s license
7-14 for 30 days:
7-15 (I) Immediately following the date of the order if the child
7-16 is eligible to apply for a driver’s license; or
7-17 (II) After the date he becomes eligible to apply for a
7-18 driver’s license if the child is not eligible to apply for a driver’s
7-19 license.
7-20 (b) The second or any subsequent time the child is found to be
7-21 in need of supervision because he is a habitual truant:
7-22 (1) Order the child to:
7-23 (I) Pay a fine of not more than $200 pursuant to
7-24 paragraph (l) of subsection 1 of NRS 62.211 and the administrative
7-25 assessment required by NRS 62.2175;
7-26 (II) Perform not more than 10 hours of community
7-27 service in compliance with the provisions of subsection 3; or
7-28 (III) Comply with the requirements set forth in both
7-29 sub‑subparagraphs (I) and (II); and
7-30 (2) If the child is 14 years of age or older, order the
7-31 suspension of the child’s driver’s license for at least 60 days but not
7-32 more than 1 year. If the child does not possess a driver’s license, the
7-33 court shall prohibit the child from applying for a driver’s license for
7-34 60 days:
7-35 (I) Immediately following the date of the order if the child
7-36 is eligible to apply for a driver’s license; or
7-37 (II) After the date he becomes eligible to apply for a
7-38 driver’s license if the child is not eligible to apply for a driver’s
7-39 license.
7-40 2. The court may suspend the payment of a fine ordered
7-41 pursuant to paragraph (a) of subsection 1 if the child attends school
7-42 for 60 consecutive school days , or its equivalent in a school
7-43 district operating under an alternative schedule authorized
7-44 pursuant to NRS 388.090, after the imposition of the fine, or has a
8-1 valid excuse acceptable to his teacher or the principal for any
8-2 absence from school within that period.
8-3 3. The community service ordered pursuant to paragraph (a) or
8-4 (b) of subsection 1 must be performed:
8-5 (a) For and under the supervising authority of a county, city,
8-6 town or other political subdivision or agency of this state or a
8-7 charitable organization that renders service to the community or its
8-8 residents; and
8-9 (b) At the child’s school of attendance, if practicable.
8-10 4. If the court issues an order suspending a child’s driver’s
8-11 license pursuant to subsection 1, the court shall require the child to
8-12 surrender to the court all driver’s licenses then held by the child.
8-13 Sec. 7. 1. If the board of trustees of a school district provides
8-14 a program of instruction based upon an alternative schedule
8-15 pursuant to subsection 2 of section 2 of this act, the board of trustees
8-16 shall, on or before December 31, 2004, submit a written report to the
8-17 Superintendent of Public Instruction. The report must include:
8-18 (a) A description of the alternative schedule; and
8-19 (b) An evaluation of the effect of the alternative schedule on the
8-20 pupils, parents and legal guardians and community.
8-21 2. The Superintendent of Public Instruction shall:
8-22 (a) Compile the reports, if any, submitted pursuant to subsection
8-23 1; and
8-24 (b) On or before February 1, 2005, submit a written report of the
8-25 compilation to the Director of the Legislative Counsel Bureau for
8-26 transmission to the 73rd Session of the Nevada Legislature.
8-27 Sec. 8. This act becomes effective on July 1, 2003.
8-28 H