SUMMARY--Revises provisions governing school-based decision making and program to provide pupils with skills to make transition from school to careers. (BDR 34-124)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; revising the provisions governing the program to provide pupils with the skills to make the transition from school to careers; repealing the prospective expiration of the authority of boards of trustees of school districts to establish rules concerning school-based decision making; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 388.367 is hereby amended to read as follows:
388.3671. There is hereby created in the state treasury the fund for the [improvement of occupational education] school to careers program to be administered by the state board . [of education.] The superintendent may accept gifts and grants of money from any source for deposit in the fund. All legislative appropriations, gifts and grants made to the fund become a part of the principal of the fund which may be reduced only by specific legislative action. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to [work] careers adopted pursuant to NRS 388.368.
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board [of education] shall establish annually , within the limits of money available in the fund, a basic allocation of $25,000 to each school district and each university and community college within the University and Community College System of Nevada whose application to participate in the program adopted pursuant to NRS 388.368 is approved [by the state board of education.] pursuant to subsection 5 of that section. The remaining money must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
Sec. 2 NRS 388.368 is hereby amended to read as follows:
388.368 1. The state board [of education shall adopt] , in consultation with the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:
(a) Adopt a comprehensive program to [provide pupils with] offer pupils who are enrolled in grades 7 through 12, inclusive, the skills to make the transition from school to [work. The state board of education shall develop, implement] careers; and
(b) Carry out and review the program . [with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.]
2. The program to provide pupils with the skills to make the transition from school to [work must] careers may be designed to achieve the following objectives:
(a) To provide [all] the pupils participating in the program with an [equal] equitable opportunity to learn about and explore various career options of their choice before the completion of middle school.
(b) To [provide] offer career counseling for [all pupils during the 9th and 10th grades.] interested pupils who are enrolled in grades 7 through 12, inclusive.
(c) To provide [all] information concerning the program.
(d) To provide the pupils participating in the program with an [equal] equitable opportunity to achieve high academic standards and to obtain training in occupations [that earn high wages.
(d) To strengthen and expand] of their choice. If desired, a pupil who has chosen to receive training in an occupation may choose to receive training in another occupation of his choice, or may terminate his participation in the program, without the loss of credit, at such times as are allowed by the state board, but in no case may a pupil be required to continue with the training or participate in the program for more than one semester.
(e) To continue and enhance existing technical and vocational education programs that are voluntary, including, without limitation, programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
[(e) To adopt]
(f) To allow a system for [issuing] awarding certificates of technical or vocational proficiency.
[(f) To adopt a curriculum and a system to allow pupils and students] Such a certificate must not be awarded as a replacement for or in lieu of a high school diploma.
(g) To allow pupils participating in the program to participate in educational activities in the workplace.
[(g) To provide all pupils with programs of]
(h) To offer pupils participating in the program job training and placement or programs for preparation for postsecondary education during the 12th grade [.
(h) To strengthen] , or both.
(i) To encourage the relationship [between] among the business community , [and] school districts and universities and community colleges within the University and Community College System of Nevada to promote job training and internships.
[(i) To encourage]
(j) To offer statewide participation in the program for pupils who are enrolled in grades 7 through 12, inclusive.
[(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.]
(k) To encourage teachers and other educational personnel to continue their educational development related to the program.
(l) To adopt a process to evaluate the program and to integrate improvements [into the program.] in compliance with the Family Educational Rights and Privacy Act (20 U.S.C. §§ 1232g et seq.). To carry out the purposes of this paragraph, the state board may adopt a system for evaluating participation in the program only to produce aggregate statistical information needed to evaluate the program, but not to ensure that a pupil completes job training for a particular career. This paragraph does not prohibit the collection of data necessary to carry out the provisions of NRS 389.015 and 389.017.
3. The program adopted by the state board must be designed to offer an equitable opportunity for all pupils to participate in the program, including, without limitation:
(a) Male and female pupils;
(b) Pupils who are of diverse racial, ethnic and cultural backgrounds;
(c) Pupils whose primary language is not English;
(d) Pupils who have disabilities;
(e) Pupils who are gifted and talented;
(f) Pupils who are at high risk of dropping out of school; and
(g) Pupils who are disadvantaged, economically or otherwise.
4. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a university or community college within the University and Community College System of Nevada must submit to the state board [of education] an application that includes:
(a) A description of the partnership between the school district [or] , university or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to [work.] careers. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board [of education] and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board [of education] may require to determine the eligibility of the school district to participate in the program.
[4.] 5. The state board [of education, after] , in consultation with the assisting agencies [, shall submit] and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 4, shall:
(a) Make a determination on an application that is submitted pursuant to this section.
(b) Submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each regular session of the legislature [.
5.] on or before February 1 of each odd-numbered year.
6. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources [, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts] and the University and Community College System of Nevada.
Sec. 2.5. Section 5 of chapter 664, Statutes of Nevada 1993, as amended by section 1 of chapter 343, Statutes of Nevada 1995, at page 862, is hereby amended to read as follows:
Sec. 5. This act becomes effective on July 1, 1993 . [, and expires by limitation on June 30, 1999.]
Sec. 3. NRS 388.367 and 388.368 are hereby repealed.
Sec. 4. Any money specifically appropriated by the legislature for the school to careers program established pursuant to NRS 388.368 for fiscal years 1997-1998 and 1998-1999 must be deposited in the fund for the school to careers program created pursuant to NRS 388.367 and distributed by the state board of education as provided in NRS 388.367, as amended by section 1 of this act.
Sec. 5. On July 1, 2003, or as soon thereafter as is practicable, the state controller shall transfer the balance in the fund for the school to careers program which is not committed for expenditure to the state general fund.
Sec. 6. 1. This section and sections 1, 2, 2.5 and 4 of this act become effective on July 1, 1997.
2. Sections 3 and 5 of this act become effective on July 1, 2003.
TEXT OF REPEALED SECTIONS
388.367Fund for improvement of occupational education.
1. There is hereby created in the state treasury the fund for the improvement of occupational education to be administered by the state board of education. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. Money in the fund must be used for the program to provide pupils with the skills to make the transition from school to work adopted pursuant to NRS 388.368.
3. Money in the fund must not be:
(a) Considered in negotiations between a recognized organization of employees of a school district and the school district; or
(b) Used to reduce the amount of money which would otherwise be made available for occupational education in the absence of this section.
4. The state board of education shall establish annually a basic allocation of $25,000 to each school district and community college whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board of education. The remaining money must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 through 12, inclusive, within the district on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(b) Community colleges with approved applications in proportion to the total number of full-time students enrolled on October 15 of the school year preceding the school year for which the money is being provided.
388.368Program to provide pupils with skills to make transition from school to work: Objectives; eligibility for participation and funding; report.
1. The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship between the business community and school districts to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:
(a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the participants' skills to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.
4. The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information services, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.