(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 6-Assemblywoman Giunchigliani
Prefiled on December 27, 1996
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Referred to Committee on Education
SUMMARY--Requires attendance in kindergarten for children of certain age. (BDR 34-39)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; requiring the board of trustees of each school district to provide or arrange for the provision of kindergarten education; requiring the completion of kindergarten as a prerequisite for admission to first grade; providing certain exceptions; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 388.060 is hereby amended to read as follows:
388.060 1. Except as otherwise provided in this subsection, the board of trustees of each school district shall establish, equip and maintain a kindergarten [or kindergartens] in each elementary school or each school attendance area in the district. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school , and the board may [determine] decide whether to establish a kindergarten for those children. If the board decides not to establish such a kindergarten, it may provide:
(a) Transportation for each child to enable him to attend kindergarten at another school; or
(b) Upon agreement with a child's parent or guardian, an authorized program of instruction for kindergarten to be offered in the child's home, which includes, without limitation, assigning licensed educational personnel to assist and consult with the parent or guardian as necessary.
2. [Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment must be counted for the purposes of apportionment.
3. Except as otherwise provided in subsection 4, if a child will not arrive at the age of 5 years by September 30, the child must not be admitted to kindergarten until the beginning of the school year following his fifth birthday.
4. A child who becomes a resident of this state after beginning kindergarten in another state in accordance with the laws of that state may be admitted to kindergarten regardless of his age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
5.] The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for [such purposes] this purpose by including the costs in the next regular budget for the school district.
Sec. 2. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian [,] or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall send the child to a public school during all the time the public school is in session in the school district in which the child resides.
2. [Any] A child who [will arrive at the age of 6 years by] is 5 years of age on or before September 30 [must] of a school year may be admitted to [a regular school program, and may be admitted to the first grade] kindergarten at the beginning of [the] that school year, and his enrollment must be counted for purposes of apportionment . [purposes.] If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,
and his enrollment must be counted for purposes of apportionment. If a child [will not arrive at the age of] is not 6 years [by] of age on or before September 30 [,] of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.
[3.] 4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who [has arrived at the age of] is 6 years [but not at the age of 7 years] of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
[4.] 6. A child who is 7 years of age on or before September 30 of a school year must:
(a) If he has completed kindergarten and the first grade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child's attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.
The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next school year; and
(b) Whose parents waived his attendance from kindergarten pursuant to subsection 4,
to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. A child who becomes a resident of this state after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade he was attending or would be attending had he remained a resident of the other state regardless of his age , unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
9. As used in this section, "kindergarten" includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; and
(b) An authorized program of instruction for kindergarten offered in a child's home pursuant to NRS 388.060.
Sec. 3. 1. There is hereby appropriated from the state general fund to the department of education the sum of $100,000 for the fiscal year 1998-1999 for the:
(a) Preparation of instructional materials to be used in authorized programs of instruction for kindergarten offered at home pursuant to section 1 of this act; and
(b) Review, selection and evaluation of developmental screening tests required to be administered to children pursuant to subsection 7 of section 2 of this act to determine whether the children are prepared developmentally to be admitted to the first grade.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. 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. 5. 1. This section and sections 3 and 4 of this act becomes effective on July 1, 1998.
2. Sections 1 and 2 of this act become effective on July 1, 1999.