(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 376-Assemblymen Giunchigliani, Arberry, Goldwater, Herrera, Ohrenschall, Krenzer, Parks, Koivisto, Collins, Bache, Buckley, Amodei, Freeman, Tiffany, Anderson, Lee, Perkins, de Braga, Neighbors, Williams, Manendo, Price and Segerblom
April 17, 1997
____________
Referred to Concurrent Committees on Education and
Ways and Means
SUMMARY--Makes various changes relating to education. (BDR 34-149)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; making various changes relating to education; requiring the accreditation of public schools; requiring the board of trustees of school districts to prescribe certain examinations; authorizing the board of trustees to adopt a policy of school uniforms for pupils and a dress code for teachers; revising the provisions governing the suspension and expulsion of pupils; and providing other matters properly relating thereto.
Whereas, An effective public school system which produces active and informed residents is essential for a free, democratic society; and
Whereas, The legislature seeks to balance its respect for local autonomy with the need for uniform standards in the public schools of the State of Nevada; and
Whereas, The legislature believes that to perpetuate an effective public school system in Nevada, as well as ensure accessibility and accountability to the public school system for parents and their children, the boards of trustees of the school districts in the State of Nevada should:
1. Encourage the coordination of year-round schedules of elementary, middle and high schools within the same school district or attendance area;
2. Offer in the schools, in addition to a traditional 9-month schedule, scheduling variations, including, without limitation, those scheduling plans commonly referred to as single track, multiple track, double session, block time and staggered day schedules;
3. Ensure that during year-round scheduling or other scheduling variations, teachers are afforded adequate time to prepare their classrooms, thereby minimizing any potential disruption such preparation may cause to classroom instruction;
4. Arrange a planning conference yearly for all personnel in the district to share ideas and experiences and discuss, debate and establish uniform goals and standards;
5. Establish a uniform schedule throughout each school district for conducting standardized tests;
6. Enforce truancy laws, attendance requirements and any other applicable laws or regulations in a uniform and consistent manner; and
7. Review the current method of financing schools that allocates money based on the number of pupils and the grade levels served at a school, and propose an alternative method of financing schools that allocates money based on a recognition of the special needs of each school; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Secs. 1-12. (Deleted by amendment.)
Sec. 13. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 27, inclusive, of this act.
Sec. 14. (Deleted by amendment.)
Sec. 15. 1. The state board shall adopt regulations which prescribe the courses of study required for promotion to high school, which may include the credits to be earned.
2. The board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.
3. The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this state or from a school outside of this state.
Sec. 16. 1. The board of trustees of each school district shall prescribe a minimum number of days that a pupil who is enrolled in a school in the district must be in attendance for the pupil to be promoted to the next higher grade.
2. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 17. 1. A person who:
(a) Is 16 years of age or older;
(b) If he is at least 16 years of age but less than 18 years of age, submits to the state board written permission signed by his parent or legal guardian;
(c) Has not graduated from a high school;
(d) Is not currently enrolled in a high school; and
(e) Satisfies any other requirements prescribed by the state board,
may take the tests of general educational development prescribed by the state board.
2. The state board may adopt regulations to carry out the provisions of this section.
3. As used in this section, "tests of general educational development" means examinations which enable persons who have not graduated from high school to demonstrate that they have achieved an educational level which is an acceptable substitute for completing a high school education.
Sec. 18. 1. The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear school uniforms.
2. The policy must:
(a) Describe the uniforms;
(b) Designate which pupils must wear the uniforms; and
(c) Designate the hours or events during which the uniforms must be worn.
3. If the board of trustees of a school district establishes a policy that requires pupils to wear school uniforms, the board shall facilitate the acquisition of school uniforms for pupils whose parents or legal guardians request financial assistance to purchase the uniforms.
4. The board of trustees of a school district may establish a dress code enforceable during school hours for the teachers and other personnel employed by the board of trustees.
Secs. 19-21. (Deleted by amendment.)
Sec. 22. A pupil shall be deemed a habitual disciplinary problem if the school in which the pupil is enrolled has written evidence which documents that in one school year:
1. The pupil has threatened or extorted, or attempted to threaten or extort another pupil, or a teacher or other personnel employed by the school; 2. The pupil has been suspended for initiating at least two fights on school property; or
3. The pupil has a record of five suspensions from the school for any reason.
Secs. 23-33. (Deleted by amendment.)
Sec. 34. NRS 392.330 is hereby amended to read as follows:
392.3301. In addition to the purposes authorized by NRS 392.320, a board of trustees may use transportation funds of the school district for [arranging] :
(a) Arranging and paying for transportation , in accordance with subsection 2, by motor vehicles or otherwise, by contract or such other arrangement as the board finds most economical, expedient and feasible and for the best interests of the school district.
(b) Purchasing tickets for public buses for use by pupils enrolled in high school to travel to and from school.
2. Such transportation may be arranged and contracted for by a board of trustees with:
(a) Any railroad company, bus company, or other licensed common carrier holding a certificate of public convenience and necessity issued by the public service commission of Nevada.
(b) The owners and operators of private automobiles or other private motor vehicles, including parents of pupils who attend school and are entitled to transportation. When required by the board of trustees, every such private automobile or other private motor vehicle regularly transporting pupils [shall] must be insured in the amount required by regulation of the state board [of education] against the loss and damage described in subsection 2 of NRS 392.320.
Sec. 35. NRS 392.466 is hereby amended to read as follows:
392.4661. Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school, sells or distributes any controlled substance or is found in possession of a dangerous weapon, while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, [he must be] the pupil must:
(a) Be permanently expelled from that school [, but he may be required to attend another kind of school.] ; and
(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
2. Except as otherwise provided in this section, any pupil who is found in possession of a firearm while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, [he must be] the pupil must:
(a) Be permanently expelled from the school [, but he may be required to attend another kind of school.] ; and
(b) Receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
The superintendent of schools of a school district may, in a particular case in that school district, allow an exception to the expulsion requirement of this subsection.
3. Except as otherwise provided in this section, any pupil who is a habitual disciplinary problem as set forth in section 22 of this act must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must receive equivalent instruction authorized by the state board pursuant to NRS 392.070.
4. This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.
[4.] 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.
[5.] 6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
[6.] 7. As used in this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) "Dangerous weapon" includes, without limitation, a blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.
(c) "Firearm" includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a "firearm" in 18 U.S.C. § 921, as that section existed on July 1, 1995.
Sec. 36. NRS 392.4675 is hereby amended to read as follows:
392.46751. Except as otherwise provided in this section, a pupil who is suspended or expelled from:
(a) Any public school in this state pursuant to NRS 392.466; or
(b) Any school outside of this state for the commission of any act which, if committed within this state, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,
is ineligible to attend any public school in this state during the period of that suspension or expulsion.
2. [A] Except as otherwise provided in subsection 3, a school district may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupils at risk of dropping out of high school; or
(b) Any program of instruction offered pursuant to the provisions of NRS 388.550.
A school district may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the program. If an investigation is conducted, the board of trustees of the school district shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a program.
3. The provisions of subsection 2 do not authorize the enrollment in such a program of a pupil who is:
(a) Expelled for a second occurrence of a violation pursuant to subsections 1 or 2 of NRS 392.466; or
(b) Suspended or expelled pursuant to subsection 3 of NRS 392.466.
Secs. 37-51. (Deleted by amendment.)
Sec. 52. 1. On or before December 31, 1997, the department of education shall enter into a contract with a qualified, independent consultant to conduct an evaluation of the effectiveness of substance abuse programs which are used in the public schools. The consultant must possess knowledge of substance abuse programs which are effective in the public schools of this state or other states. The evaluation must include, without limitation, a review of the results of all surveys and other information relating to the use of drugs and alcoholic beverages by pupils which has been collected by the public schools in this state during the immediately preceding 5 years. The consultant may only review the information if such a review does not violate any laws relating to the confidentiality of information regarding a child. On or before July 1, 1998, the consultant shall submit to the department of education a written report of his findings and any recommendations for the improvement of the substance abuse programs which are used in the public schools.
2. Upon receipt of the written report from the consultant, the department of education shall, in consultation with educational personnel, school counselors, pupils and parents and legal guardians of pupils, make recommendations concerning the feasibility of eliminating or combining certain substance abuse programs which are currently used in the public schools to create a more effective substance abuse program for use in the public schools of this state.
3. If any recommendations of the department of education include recommendations for legislation, the department shall, on or before December 31, 1998, submit those recommendations to the director of the legislative counsel bureau for transmission to the appropriate standing committees of the 70th session of the Nevada legislature.
Secs. 53 and 54. (Deleted by amendment.)
Sec. 55. A pupil shall not be deemed a habitual disciplinary problem pursuant to section 22 of this act for any acts committed by him or suspensions on his school record before July 1, 1997.
Sec. 56. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 57. 1. This section and sections 1 to 10, inclusive, 12 to 33, inclusive, and 35 to 56, inclusive, of this act become effective on July 1, 1997.
2. Section 34 of this act becomes effective on July 1, 1998.