(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 220-Committee on Human Resources and Facilities
March 13, 1997
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Referred to Committee on Human Resources and Facilities
SUMMARY--Authorizes formation of charter schools. (BDR 34-246)
FISCAL NOTE: Effect on Local Government: No.
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 public education; authorizing the formation of charter schools; prescribing the process by which an application to form a charter school is submitted and approved; restricting for a certain period the number of charter schools that may be formed in this state and in one county; providing for the financial support of charter schools; exempting charter schools from certain statutes applicable to public schools; authorizing charter schools to participate in certain programs in this state; providing a penalty; 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 385.005 is hereby amended to read as follows:
385.0051. The legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this Title are intended to reserve to the boards of trustees of local school districts within [the] this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers [shall] may only be limited by other specific provisions of law.
2. The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the legislature is delegated to the respective boards of trustees of local school districts [.] and to the governing body of each charter school.
3. The state board [of education] shall, and each board of trustees of a local school district , the governing body of each charter school and any other school [official] officer may, advise the legislature at each regular session of any recommended legislative action to [insure] ensure high standards of equality of educational opportunity for all children in the State of Nevada.
Sec. 2 NRS 385.007 is hereby amended to read as follows:
385.007 As used in this Title, unless the context otherwise requires:
1. "Charter school" means a public school that is formed pursuant to the provisions of sections 8 to 30, inclusive, of this act.
2. "Department" means the department of education.
[2.] 3. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools , charter schools and any other schools, classes and educational programs which receive their support through public taxation and , except for charter schools, whose textbooks and courses of study are under the control of the state board.
[3.] 4. "State board" means the state board of education.
Sec. 3 NRS 385.110 is hereby amended to read as follows:
385.110 [The]
1. Except as otherwise provided in subsections 2 and 3, the state board [of education] shall prescribe and cause to be enforced the courses of study for the public schools of this state . [; provided:
1. That high]
2. For those courses of study prescribed by the state board:
(a) High schools may have modified courses of study, subject to the approval of the state board [of education; and
2. That any] ; and
(b) Any high school offering courses normally accredited as being beyond the level of the 12th grade shall, before offering such courses, have them approved by the state board . [of education.]
3. A charter school is not required to offer the courses of study prescribed by the state board.
Sec. 4 NRS 385.115 is hereby amended to read as follows:
385.115The state board [of education] shall cooperate with the attorney general in the establishment in the schools , including, without limitation, charter schools, of programs of information about missing children and adopt regulations containing guidelines for such programs.
Sec. 5 NRS 385.240 is hereby amended to read as follows:
385.2401. The superintendent of public instruction shall approve or disapprove lists of books for use in public school libraries [, but such] except for the libraries of charter schools. Such lists must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.
2. Actions of the superintendent with respect to lists of books are subject to review and approval or disapproval by the state board.
Sec. 6 NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district [.] , including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8 and 11 for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district. Unless otherwise directed by the department, the board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and shall compare the results of those examinations for the current school year with those of previous school years. In addition, the board shall also report the results of other examinations of pupil achievement administered to each pupil in the school district in grades other than 4, 8 and 11. The results of these examinations for the current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) A comparison of the types of classes that each teacher has been assigned to teach with the qualifications and licensure of the teacher, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including [any] :
(1) Any special programs for pupils at an individual school [.] ; and
(2) The curriculum used by each charter school in the district.
(g) Records of the attendance and truancy of pupils in all grades, for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole.
(i) Efforts made by the school district and by each school in the district , including, without limitation, each charter school in the district, to increase communication with the parents of pupils in the district.
(j) Records of incidents involving weapons or violence for each school in the district [.] , including, without limitation, each charter school in the district.
(k) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(l) The transiency rate of pupils for each school in the district and the district as a whole [.] , including, without limitation, each charter school in the district.
(m) Each source of funding for the school district.
(n) Such other information as is directed by the superintendent of public instruction.
3. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of:
(1) The Nevada State Education Association;
(2) The Nevada Association of School Boards;
(3) The Nevada Association of School Administrators; and
(4) The Nevada Parent Teachers Association,
concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
4. On or before April 15 of each year, the board of trustees of each school district shall submit to the state board the report made pursuant to subsection 2. On or before June 15 of each year, the board of trustees of each school district shall submit to the state board:
(a) A separate report summarizing the effectiveness of the district's program of accountability during the school year; and
(b) A description of the efforts the district has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
5. On or before June 15 of each year, the governing body of each charter school shall submit to the state board:
(a) A separate report summarizing the effectiveness of the charter school's program of accountability during the school year; and
(b) A description of the efforts the charter school has made to correct deficiencies identified in the report submitted pursuant to paragraph (a).
6. On or before February 1 of each year, the superintendent of public instruction shall analyze the information submitted to the state board and report to the legislature concerning the effectiveness of the programs of accountability adopted pursuant to this section. In even-numbered years, the report must be submitted to the legislative commission.
Sec. 7 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 30, inclusive, of this act.
Sec. 8 The legislature hereby declares that by authorizing the formation of charter schools it is not authorizing the formation of such schools on the basis of a single race, religion or ethnicity.
Sec. 9 1. Except as otherwise provided in this section and section 10 of this act, a committee to form a charter school may apply to the board of trustees of a school district or the state board for authorization to form a charter school in the school district. The board of trustees or the state board shall deny an application if the applicant proposes to:
(a) Convert into a charter school a private elementary, middle school, junior high school or other secondary school in this state that is providing instruction to pupils pursuant to chapter 394 of NRS; or
(b) Generate money for pupils who are receiving instruction at home.
2. A committee to form a charter school must consist of at least two licensed teachers.
3. A charter school must have as its stated purpose at least one of the following goals:
(a) Improving learning opportunities for pupils;
(b) Encouraging the use of effective teaching methods;
(c) Providing an accurate measurement of the educational achievement of pupils;
(d) Establishing accountability of schools;
(e) Providing a method for public schools to measure achievement based upon the performance of the schools; or
(f) Creating new professional opportunities for teachers.
Sec. 10 Not more than 25 charter schools may be established in this state, with no more than 12 charter schools in one county.
Sec. 11 An application for a charter school must include:
1. A statement of the mission and goals of the charter school.
2. If the proposal for a charter school includes the conversion of an existing public school:
(a) Evidence of support from the teachers who are employed full time at the public school that will be converted, demonstrated by:
(1) A petition signed by more than 50 percent of those teachers; or
(2) The written results of an election, in which more than 50 percent of those teachers approved, by secret ballot or otherwise, the proposed conversion; and
(b) Evidence of support from parents and the community in which the proposed charter school will be located, at a level deemed sufficient by the entity to whom the application was submitted.
3. If the proposal for a charter school does not include the conversion of an existing public school, evidence of support from teachers, parents and the community in which the proposed charter school will be located, at a level deemed sufficient by the entity to whom the application was submitted.
4. The projected enrollment of pupils in the charter school.
5. The proposed dates of enrollment for the charter school.
6. The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method of selecting the persons who will govern and the term of office for each person.
7. The method by which disputes will be resolved between the governing body of the charter school and the entity that approves the application of the charter school.
8. The proposed curriculum for the charter school.
9. The textbooks that will be used at the charter school.
10. The qualifications of the persons who will provide instruction at the charter school.
11. The process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.
12. A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.
13. The proposed plan for the transportation of pupils to and from the charter school.
Sec. 12 1. If the board of trustees of a school district or the state board receives an application to form a charter school, it shall consider the application at its next regularly scheduled meeting or 14 days after the receipt of the application, whichever occurs later, and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. The board of trustees or the state board shall not deny an application unless the application does not:
(a) Comply with the provisions of sections 8 to 30, inclusive, of this act or any other statute applicable to charter schools.
(b) Ensure that a uniform system of education will continue to be offered throughout this state, including, without limitation, for purposes of apportionment from the state distributive school account.
Not more than 10 days after the meeting, the board of trustees or the state board shall provide written notice of its determination to the applicant.
2. If the board of trustees or the state board denies such an application, it shall include in the written notice an explanation for the denial, including, without limitation, each provision of sections 8 to 30, inclusive, of this act or any other statute with which the application does not comply. If the state board denies such an application, the applicant may, not later than 30 days after the receipt of the written notice from the state board, appeal the denial to the district court of the county in which the proposed charter school will be located.
3. If the board of trustees or the state board approves such an application for a charter school, the board of trustees shall, not more than 10 days after the approval, provide written notice to the state board of its approval and the date of the approval.
4. If the board of trustees denies such an application for a charter school, the applicant may request the state board to require the board of trustees to reconsider the application not more than 30 days after receipt of the written notice of the denial. The state board shall consider requests for reconsideration in the order in which they are received. If the state board receives such a request, it shall consider the request at its next regularly scheduled meeting and ensure that notice of the meeting is posted in accordance with chapter 241 of NRS. Not more than 30 days after the meeting, the state board shall provide written notice of its determination to the applicant and the entity that denied the application.
5. If the state board grants a request for reconsideration, the written notice to the board of trustees of the school district who denied the application must include, without limitation, instructions to the board of trustees concerning the reconsideration of the application. Not more than 30 days after receipt of the written notice from the state board, the board of trustees shall reconsider the application in accordance with the instructions of the state board, make a final determination on the application and provide written notice of the determination to the applicant. If, upon reconsideration of the application, the board of trustees denies the application, the applicant may, not more than 30 days after the receipt of written notice from the board of trustees, appeal the final determination to the district court of the county in which the proposed charter school will be located.
Sec. 13 1. Except as otherwise provided in section 14 of this act, if the board of trustees of a school district or the state board approves an application for a charter school, it shall grant a written charter to the applicant. The entity that approves the application shall be deemed the sponsor of the charter school. A written charter must be for a term of 6 years and must include all conditions of operation set forth in subsections 1 to 13, inclusive, of section 11 of this act.
2. As a condition of the issuance of a written charter pursuant to subsection 1, the charter school must agree to:
(a) Comply with all laws and regulations relating to discrimination and civil rights;
(b) Comply with all statutes applicable to charter schools;
(c) If the charter school provides bus transportation or contracts for the provision of bus transportation to the pupils who are enrolled in the charter school, comply with NRS 392.375 to 392.410, inclusive;
(d) Remain nonsectarian;
(e) Refrain from charging tuition, levying taxes or issuing bonds;
(f) Refrain from using public money to purchase real property or buildings without the approval of the sponsor;
(g) Adopt written rules of behavior pursuant to section 21 of this act for pupils who are enrolled in the charter school;
(h) Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located;
(i) Obtain liability insurance as may be required of other public schools located in the same school district as the charter school is located. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance; and
(j) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school whether the charter school is accredited by the Commission on Schools of the Northwest Association of Schools and Colleges.
3. The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. If the proposed amendment complies with all provisions of sections 8 to 30, inclusive, of this act and any other statute applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment.
Sec. 14 If the board of trustees of a school district or the state board approves an application for a charter school, it may grant a conditional charter to an applicant who has not obtained a building, equipment or personnel for the charter school if the applicant submits proof satisfactory to the board of trustees or state board that approval of his application is necessary to obtain the building, equipment or personnel for the charter school. A conditional charter expires 1 year after its issuance and is nonrenewable. Upon the expiration of a conditional charter, the entity who authorized the conditional charter shall determine whether the applicant is eligible for a written charter pursuant to section 13 of this act. Before the expiration of a conditional charter, the holder of the conditional charter may request the entity that approved the conditional charter to determine whether the holder is eligible for the issuance of a written charter pursuant to section 13 of this act. The holder of a conditional charter shall not operate a charter school and is not eligible to receive any public school money for the operation of a charter school.
Sec. 15 1. The sponsor of a charter school may revoke the written charter of the charter school before the expiration of the charter if the sponsor determines that:
(a) The charter school has failed to comply with:
(1) The terms and conditions of its written charter; or
(2) The provisions of sections 8 to 30, inclusive, of this act or any other statute applicable to charter schools;
(b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or
(c) Closure is warranted for any other reason deemed necessary by the state board.
2. Except as otherwise provided in subsection 3, at least 90 days before the sponsor intends to revoke a written charter, it shall provide written notice to the governing body of the charter school of its intention. The written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and
(b) Prescribe a period, not less than 30 days, during which the charter school may correct any such deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of this subsection, the sponsor shall not revoke the written charter of the charter school.
3. A sponsor may revoke a written charter of a charter school without written notice to the governing body of the charter school if there is reasonable cause for the sponsor to believe that immediate revocation is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.
Sec. 16 If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, the governing body of the charter school shall make an assignment of all real property and other property of the charter school to the State of Nevada for the repayment of all money received by the charter school from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the state may take any lawful action necessary to recover the money.
Sec. 17 An application for renewal of a written charter may be submitted to the sponsor of the charter school not less than 90 days before the expiration of the charter. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in subsection 1 or 3 of section 15 of this act. The sponsor shall provide written notice of its determination not fewer than 30 days before the expiration of the charter. If the sponsor intends not to renew the charter, the written notice must:
1. Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and
2. Prescribe a period, not less than 30 days, during which the charter school may correct any such deficiencies.
If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in subsection 2, the sponsor shall renew the charter of the charter school.
Sec. 18 1. The governing body of a charter school may consist of, but is not limited to, teachers, parents and representatives of nonprofit organizations and businesses.
2. The governing body of a charter school is:
(a) A public body.
(b) Hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.
3. The governing body of a charter school may:
(a) Accept gifts, grants, donations and bequests on behalf of the charter school.
(b) Contract with the board of trustees of the school district in which the charter school is located or the University and Community College System of Nevada to perform any services relating to the operation of the charter school or for the provision of facilities to operate the charter school.
Sec. 19 The state board and the board of trustees of a school district shall:
1. Upon request, provide information to the general public concerning the formation and operation of charter schools;
2. Maintain a list available for public inspection that describes the location of each charter school;
3. Maintain a list available for public inspection of any buildings or facilities that may be suitable for the operation of a charter school; and
4. Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of sections 8 to 30, inclusive, of this act.
Sec. 20 1. An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.
2. Except as otherwise provided in subsection 4, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity; or
(e) Disability,
of a pupil.
3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.
4. This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils with disabilities or to pupils who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation.
Sec. 21 1. A governing body of a charter school shall adopt:
(a) Written rules of behavior required of and prohibited for pupils attending the charter school; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the charter school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such a hearing must be closed to the public.
3. A pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in possession of a dangerous weapon as provided in NRS 392.466 may be removed from the charter school immediately upon being given an explanation of the reasons for his removal and pending proceedings, which are to be conducted as soon as practicable after removal, for his suspension or expulsion.
4. A pupil who is enrolled in a charter school and 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 governing body of the charter school for such matters, be:
(a) Suspended from the charter school pursuant to this section for not more than 10 days.
(b) Suspended from the charter school for more than 10 days or permanently expelled from school pursuant to this section only after the governing body 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.).
5. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year.
(b) Available for public inspection at the charter school.
6. The governing body of a charter school may adopt rules relating to the truancy of pupils who are enrolled in the charter school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If a governing body adopts rules governing truancy, it shall include the rules in the written rules prescribed by the governing body pursuant to subsection 1.
Sec. 22 The governing body of a charter school shall adopt rules for the academic retention of pupils who are enrolled in the charter school. The rules must prescribe the conditions under which a pupil may be retained in the same grade rather than promoted to the next higher grade for the immediately succeeding school year.
Sec. 23 1. Each pupil who is enrolled in a charter school must be included in the count of pupils in the school district pursuant to NRS 387.123 unless the pupil is exempt from compulsory attendance and receiving instruction at home pursuant to NRS 392.070.
2. If the charter school uses any money received from this state to purchase equipment or facilities, the governing body of the charter school shall assign a security interest in the equipment and facilities to this state.
3. The governing body of a charter school may negotiate with the board of trustees of the school district and the state board for additional money to pay for services which the governing body wishes to offer that are not offered by the other public schools in the school district. The superintendent of public instruction shall distribute any money awarded pursuant to this subsection directly to the governing body of the charter school.
4. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils enrolled in the charter school must initially be determined 30 days before the beginning of the school year, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils must be revised on the last day of the first month of the school year, based on the actual number of pupils who are enrolled in the charter school.
Sec. 24 A charter school shall determine the achievement and proficiency of pupils who are enrolled in the charter school by cooperating with the board of trustees of the school district in the administration of the achievement and proficiency examinations prescribed by NRS 389.015 to the pupils enrolled in the charter school.
Sec. 25 If a pupil has successfully completed credits at a charter school, the pupil must be allowed to apply the credit that he received at the charter school toward advancement to the next grade at any other public school or toward graduation from any other public school.
Sec. 26 1. A governing body of a charter school shall employ:
(a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades.
(b) If the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:
(1) American government;
(2) American history;
(3) English;
(4) Mathematics;
(5) Science; and
(6) Social studies.
(c) In addition to the requirements of paragraphs (a) and (b):
(1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.
(2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if such teachers are employed full time.
2. A charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach any course of study for which a licensed teacher is not required pursuant to subsection 1 if the person has:
(a) A degree in the field for which he is employed at the charter school; or
(b) At least 5 years of experience in that field.
A person employed pursuant to this subsection must not be employed full time.
3. At least 50 percent of the personnel who provide instruction at a charter school must be licensed teachers. As used in this subsection, "licensed teacher" means a person who is licensed pursuant to chapter 391 of NRS.
4. A charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:
(a) A master's degree in school administration, public administration or business administration; or
(b) If the person has at least 5 years of experience in administration, a baccalaureate degree.
5. A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this state or another state.
Sec. 27 1. The process by which the governing body of a charter school will negotiate employment contracts with persons who are employed by the governing body must be in accordance with the process set forth in the application submitted pursuant to subsection 11 of section 11 of this act. The salary of each person who is employed by a charter school must be determined by the governing body of the charter school and the employee. An employee of a charter school retains the right to bargain collectively or to refrain from bargaining collectively pursuant to chapter 288 of NRS. Employees of a charter school may remain part of the appropriate existing bargaining unit of a school district if the choice to remain is specifically agreed upon by more than 50 percent of the employees of the charter school and the governing body of the charter school.
2. The salary of each person who is employed by a charter school, the term of his employment and any other conditions of employment agreed upon by the governing body of the charter school and the employee must be embodied in a written contract between the governing body and the employee.
3. If an employee of a charter school is on a leave of absence that is legally authorized by the board of trustees of the school district in which he is employed, he may be employed by a charter school without loss of seniority in the school district for not more than 6 years. Such an employee is not a member of the bargaining unit of the employees of the school district unless otherwise specifically agreed to by the governing body and the employee.
4. Each applicant for employment pursuant to this section must, as a condition to employment, submit to the governing body of the charter school a full set of his fingerprints and written permission authorizing the governing body to forward the fingerprints to the Federal Bureau of Investigation and the central repository for Nevada records of criminal history for their reports on the criminal history of the applicant.
5. All employees of a charter school shall be deemed public employees, including, without limitation, for the purposes of determining participation in the public employees' retirement system and determining liability and immunity from liability pursuant to chapter 41 of NRS.
Sec. 28 1. On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the superintendent of public instruction and the director of the legislative counsel bureau for transmission to the majority leader of the senate and the speaker of the assembly a report that includes:
(a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.
(b) For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:
(1) The amount of salary of the employee; and
(2) The designated assignment, as that term is defined by the department, of the employee.
(c) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.
(d) The count of pupils who are enrolled in a charter school in:
(1) Kindergarten;
(2) Grades 1 to 12, inclusive; and
(3) Special education pursuant to NRS 388.440 to 388.520, inclusive.
(e) The actual expenditures of the charter school in the fiscal year immediately preceding the report.
(f) The proposed expenditures of the charter school for the current fiscal year.
(g) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations.
(h) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.
(i) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.
(j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay, and the number of employees receiving that pay in the preceding and current fiscal years.
2. On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each governing body pursuant to subsection 1.
3. The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the state distributive school account for the preceding year.
Sec. 29 1. The person designated by the governing body of a charter school shall draw all orders for the payment of money belonging to the charter school. The orders must be listed on cumulative voucher sheets.
2. The governing body of a charter school shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.
3. No order in favor of a member of the governing body of the charter school, except for salaries, travel expenses and subsistence or for services of any member, may be drawn.
4. No action may be maintained against any governing body of a charter school upon any bill not presented for payment to the governing body within 6 months after the bill was incurred.
Sec. 30 1. The state board shall adopt regulations that require a charter school to submit to the board of trustees of the school district in which the charter school is located information for inclusion in the report required of the board of trustees pursuant to NRS 385.347.
2. The state board may adopt such regulations as it determines are necessary to carry out the provisions of sections 8 to 30, inclusive, of this act, including, without limitation, regulations that prescribe the procedures for accounting, budgeting and annual audits of charter schools.
Sec. 31 NRS 386.350 is hereby amended to read as follows:
386.350 Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools , excluding charter schools, are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.
Sec. 32 NRS 387.030 is hereby amended to read as follows:
387.030All money derived from interest on the state permanent school fund, together with all money derived from other sources provided by law, must:
1. Be placed in the state distributive school account which is hereby created in the state general fund; and
2. Be apportioned among the several school districts and charter schools of [the] this state at the times and in the manner provided by law.
Sec. 33 NRS 387.040 is hereby amended to read as follows:
387.040 1. Except as otherwise provided in subsection 2, the state treasurer shall pay over all public school money received by him for the support of school districts only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of county treasurers. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, the state treasurer shall pay over to the school district all public school money due [to] the school district.
3. The state treasurer shall pay over all public school money received by him for the support of charter schools only on warrants of the state controller issued upon the orders of the superintendent of public instruction in favor of the charter schools. When endorsed, the orders are valid vouchers in the hands of the state controller for the disbursement of public school money.
Sec. 34 NRS 387.047 is hereby amended to read as follows:
387.0471. Except as otherwise provided in this section, each school district and charter school shall separately account for all money received for the instruction of and the provision of related services to pupils with disabilities and gifted and talented pupils described by NRS 388.520.
2. The separate accounting must include:
(a) The amount of money provided to the school district or charter school for special education for basic support;
(b) Transfers of money from the [school district's] general fund of the school district or charter school needed to balance the special revenue fund; and
(c) The cost of:
(1) Instruction provided by licensed special education teachers and supporting staff;
(2) Related services, including, but not limited to, services provided by psychologists, therapists [,] and health-related personnel;
(3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;
(4) The direct supervision of educational and supporting programs; and
(5) The supplies and equipment needed for providing special education.
3. Money received from federal sources must be:
(a) Accounted for separately; and
(b) Excluded from the accounting required pursuant to this section.
Sec. 35 NRS 387.067 is hereby amended to read as follows:
387.0671. The state board [of education] may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada , [or] the school districts or the charter schools of the State of Nevada by the Congress of the United States for purposes of elementary and secondary education.
2. The superintendent of public instruction shall deposit the money with the state treasurer, who shall make disbursements therefrom on warrants of the state controller issued upon the order of the superintendent of public instruction.
3. The state board , [of education and] any school district within [the] this state and any governing body of any charter school in this state may, within the limits provided in this section, make such applications , [and] agreements and [give such] assurances to the Federal Government , and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education. [Neither the state board of education nor a school district may enter into] Such an agreement or [give an assurance which requires the] assurance must not require this state , or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.
Sec. 36 NRS 387.080 is hereby amended to read as follows:
387.0801. The state board [of education] may enter into agreements with any agency of the Federal Government, [with] any board of trustees of a school district, any governing body of a charter school or [with] any other entity or person. The state board may establish policies and prescribe regulations, authorize the employment of such personnel [,] and take such other action as it [may deem] considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.
2. The state treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the state controller issued upon the order of the superintendent of public instruction pursuant to regulations or policies of the state board.
3. The superintendent of public instruction may:
(a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.
(b) Assist in training personnel engaged in the operation of any program of nutrition.
Sec. 37 NRS 387.090 is hereby amended to read as follows:
387.090[Boards] The board of trustees of each school [districts] district and the governing body of each charter school may:
1. Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.
2. Use therefor money disbursed to them [under] pursuant to the provisions of NRS 387.070 to 387.105, inclusive, gifts, donations and other money received from the sale of food under those programs.
3. Deposit the money in one or more accounts in a bank or banks within the state.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.
Sec. 38 NRS 387.121 is hereby amended to read as follows:
387.121The legislature declares that the proper objective of state financial aid to public education is to [insure] ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, [the] this state should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore the quintessence of the state's financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee [minus] and local available funds produced by mandatory taxes [.] minus all the local funds attributable to pupils who reside in the county but attend a charter school. This formula is designated the Nevada plan.
Sec. 39 NRS 387.1211 is hereby amended to read as follows:
387.1211As used in NRS 387.121 to 387.126, inclusive:
1. "Average daily attendance" means the total number of pupils attending a particular school each day during a period of reporting divided by the number of days school is in session during that period.
2. "Enrollment" means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district or a charter school at a specified time during the school year.
3. "Special education program unit" means an organized instructional unit which includes full-time services of persons licensed by the superintendent of public instruction providing a program of instruction in accordance with minimum standards prescribed by the state board.
Sec. 39.5. NRS 387.1221 is hereby amended to read as follows:
387.1221 1. The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.
2. Any unused allocations for special education program units may be reallocated to other school districts or charter schools by the superintendent of public instruction. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated [by school districts] within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.
3. A school district or a charter school may, after receiving the approval of the superintendent of public instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.440 to 388.520, inclusive.
Sec. 40 NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all [those] pupils who are enrolled in programs of instruction of the school district or pupils who reside in the county in which the school district is located and are enrolled in any charter school for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.
(d) Children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.
2. The state board [of education] shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the state board:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS 388.700, the state board [of education] shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of [the] this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the state board may direct him to withhold the quarterly apportionment entirely.
4. A charter school is not required to comply with the pupil-teacher ratio prescribed by the state board pursuant to subsection 3.
Sec. 41 NRS 387.1233 is hereby amended to read as follows:
387.12331. Except as otherwise provided in subsection 2, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year [.] , including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school.
(3) The count of pupils not included under subparagraph (1) or (2) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on that day.
(4) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.490 on the last day of the first school month of the school year.
(5) The count of children detained in detention homes, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school year.
(b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.
(c) Adding the amounts computed in paragraphs (a) and (b).
2. If the [sum of the counts prescribed in paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.] enrollment of pupils on the last day of the first school month of the school year in a school district or a charter school is less than the enrollment of pupils in the same school district or charter school on the last day of the first school month for the immediately preceding school year, the larger number must be used for purposes of apportioning money from the state distributive school account to that school district or charter school pursuant to NRS 387.124.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
4. Pupils who are incarcerated in a facility or institution operated by the department of prisons must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department of education.
5. Part-time pupils who are enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the department.
Sec. 42 NRS 387.124 is hereby amended to read as follows:
387.1241. On or before August 1, November 1, February 1 and May 1 of each year, the superintendent shall apportion the state distributive school account in the state general fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. [Apportionment] The apportionment to a school district, computed on a yearly basis , equals the difference between the basic support and the local funds available [.] pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.1235 and all other funds available for public schools in the county in which the pupil resides. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference directly to the charter school.
2. If the state controller finds that such an action is needed to maintain the balance in the state general fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the state controller shall submit a report to the department of administration and the fiscal analysis division of the legislative counsel bureau documenting reasons for the action.
Sec. 43 NRS 387.1243 is hereby amended to read as follows:
387.12431. The first apportionment based on an estimated number of pupils and special education program units and succeeding apportionments are subject to adjustment from time to time as the need therefor may appear.
2. A final adjustment must be computed as soon as practicable following the close of the school year, but not later than August 25. The final computation must be based upon the actual counts of pupils required to be made for the computation of basic support and the limits upon the support of special education programs, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and the increase in enrollment shows at least:
(a) A 3 percent gain, basic support as computed from first month enrollment must be increased by 2 percent.
(b) A 6 percent gain, basic support as computed from first month enrollment must be increased by an additional 2 percent.
3. If the final computation of apportionment for any school district or charter school exceeds the actual amount paid to the school district or charter school during the school year, the additional amount due must be paid before September 1. If the final computation of apportionment for any school district or charter school is less than the actual amount paid to the school district or charter school during the school year, the difference must be repaid to the state distributive school account in the state general fund by the school district or charter school before September 25.
Sec. 44 NRS 387.126 is hereby amended to read as follows:
387.126The superintendent of public instruction may in his discretion and shall when so directed by the state board [of education] verify by independent audit or other suitable examination the reports of enrollment and daily attendance submitted by any school district or charter school for apportionment purposes.
Sec. 45 NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund is composed of:
1. All local taxes for the maintenance and operation of [kindergartens, elementary schools and high] public schools.
2. All money received from the Federal Government for the maintenance and operation of public schools.
3. Apportionments by [the] this state as provided in NRS 387.124.
4. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 46 NRS 387.185 is hereby amended to read as follows:
387.1851. Except as otherwise provided in subsection 2, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
2. If the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due [to] that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.
4. All school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.
Sec. 47 NRS 387.205 is hereby amended to read as follows:
387.2051. Money on deposit in the county school district fund or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, must be used for:
(a) Maintenance and operation of the public schools [.] controlled by the county school district.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new buses.
(f) Programs of nutrition, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of the lunch.
(g) Membership fees, dues and contributions to an interscholastic activities association.
2. Money on deposit in the county school district fund, or in a separate account, if the board of trustees of a school district has elected to establish such an account [under] pursuant to the provisions of NRS 354.603, when available, may be used for:
(a) Purchase of sites for school facilities.
(b) Purchase of buildings for school use.
(c) Repair and construction of buildings for school use.
Sec. 48 NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which no grade work is given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the state board . [of education.] The school is an elementary or secondary school for the purpose of teachers' certifications.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of teachers' certifications.
4. A special school is an organized unit of instruction operating with approval of the state board . [of education.]
5. A charter school is a public school that is formed pursuant to the provisions of sections 8 to 30, inclusive, of this act.
Sec. 49 NRS 388.040 is hereby amended to read as follows:
388.040 [In any]
1. Except as otherwise provided in subsection 2, the board of trustees of a school district [having and maintaining] which includes more than one school [offering] that offers instruction in the same grade or grades, [the board of trustees shall have the power to] may zone the school district and [to] determine which pupils shall attend each school.
2. The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a charter school.
Sec. 50 NRS 388.110 is hereby amended to read as follows:
388.110 [No]
1. Except as otherwise provided in subsection 2, no public school may be kept open on any day declared to be a legal holiday pursuant to NRS 236.015, except that any board of trustees of a school district may elect to keep school open on October 31 , [(] or other day observed as Nevada Day , [)] and observe [such] that holiday with appropriate exercises.
2. This section does not apply to charter schools.
Sec. 51 NRS 388.150 is hereby amended to read as follows:
388.1501. No books, tracts or papers of a sectarian or denominational character [shall] may be used or introduced in any public school established [under] pursuant to the provisions of this Title of NRS, nor [shall] may any sectarian or denominational doctrines be taught in any public school.
2. Any school district or charter school whose officers knowingly allow any public schools to be taught in violation of this section forfeits all right to any public school funds.
Sec. 52 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 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] :
(a) Twenty-five thousand dollars 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]
(b) Not more than $25,000 to each charter school whose application to participate in the program adopted pursuant to NRS 388.368 is approved by the state board.
5. Any money remaining after the allocations made pursuant to subsection 4 must be allocated to:
(a) School districts with approved applications in proportion to the total number of pupils enrolled in grades 7 [through] to 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) Charter schools with approved applications in proportion to the total number of pupils enrolled in grades 7 to 12, inclusive, within the charter school on the last day of the first month of the school year preceding the school year for which the money is being provided; and
(c) 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. 53 NRS 388.368 is hereby amended to read as follows:
388.3681. 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] among the business community , [and] school districts and charter schools 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 [.] and charter schools.
(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 , a charter school 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 , charter school 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 or the charter school 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.
Sec. 54 NRS 388.390 is hereby amended to read as follows:
388.390[When] If the board of trustees of a school district [has organized] or the governing body of a charter school organizes a school or classes for occupational education in accordance with the regulations adopted by the state board for occupational education and the school or classes have been approved by the executive officer of the state board for occupational education, the school district or the charter school is entitled to share in federal and state money available for the promotion of occupational education in the amount determined by the executive officer of the state board for occupational education, in accordance with the regulations and policies of the board.
Sec. 55 NRS 388.520 is hereby amended to read as follows:
388.5201. The state board [of education] shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.
2. [Prescribed] The minimum standards prescribed by the state board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:
(a) Hearing impairments, including, but not limited to, deafness.
(b) Visual impairments, including, but not limited to, blindness.
(c) Orthopedic impairments.
(d) Speech and language impairments.
(e) Mental retardation.
(f) Multiple impairments.
(g) Serious emotional disturbances.
(h) Other health impairments.
(i) Specific learning disabilities.
(j) Autism.
(k) Traumatic brain injuries.
(l) Developmental delays.
(m) Gifted and talented abilities.
3. No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the superintendent of public instruction as meeting the [prescribed] minimum standards [.] prescribed by the state board.
Sec. 56 NRS 388.700 is hereby amended to read as follows:
388.700 1. Except as otherwise provided in subsections 2 [and 3,] , 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught. In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 or 3 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
4. The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 and 3.
5. The department shall, on or before December 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of pupils enrolled; and
(d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,
during the current school year in kindergarten and grades 1, 2 and 3 for each school district.
6. The provisions of this section do not apply to a charter school.
Sec. 57 NRS 389.015 is hereby amended to read as follows:
389.0151. The board of trustees of each school district shall administer examinations in all public schools [within its district to] of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Scored by a single private entity that has contracted with the state board to score the examinations. The entity shall report the results of the examinations in the form required by the department.
3. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
4. If a pupil fails to demonstrate adequate achievement on the examination administered before the completion of grade 4 or 8, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
5. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading and mathematics prescribed for grades 4 and 8 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4 and 8 in this state to that of a national reference group of pupils in grades 4 and 8. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officer's duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
Sec. 58 NRS 389.017 is hereby amended to read as follows:
389.017The state board [of education] shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th and 11th grades [of] to public school pupils [in] of the district [.] and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.
Sec. 59 NRS 389.020 is hereby amended to read as follows:
389.0201. [In] Except as otherwise provided in subsection 3, in all public schools, the Caliente youth center and the Nevada youth training center, instruction must be given in American government, including , but not limited , to the essentials of the Constitution of the United States, the constitution of the State of Nevada, the origin and history of the constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.
3. The provisions of this section do not apply to charter schools.
Sec. 60 NRS 389.025 is hereby amended to read as follows:
389.0251. [The] Except as otherwise provided in subsection 3, the state board may, by regulation, require to be included in the existing course of study for American government at the secondary level, instruction relating to violent and other crimes.
2. The instruction may be developed respectively by the board of trustees of each school district and may include information regarding those acts that constitute violent and other crimes in the State of Nevada, the maximum punishments established by law for the commission of such acts and the physiological and psychological effects which a victim, and the family of a victim, of a violent crime may suffer.
3. The provisions of this section do not apply to charter schools.
Sec. 61 NRS 389.030 is hereby amended to read as follows:
389.0301. Except as otherwise provided in subsection 2, American history, including the history of the State of Nevada , must be taught in all of the public schools in the State of Nevada for a period of at least 1 year.
2. The provisions of this section do not apply to charter schools.
Sec. 62 NRS 389.035 is hereby amended to read as follows:
389.035[No]
1. Except as otherwise provided in subsection 2, no pupil in any public high school, the Caliente youth center or the Nevada youth training center may receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.
2. The provisions of this section do not apply to pupils who are enrolled in charter schools.
Sec. 63 NRS 389.040 is hereby amended to read as follows:
389.040[There shall be at] At least 1 hour must be set aside each school week in all graded schools and high schools in the State of Nevada , excluding charter schools, for the purpose of holding patriotic exercises.
Sec. 64 NRS 389.050 is hereby amended to read as follows:
389.050 1. [All] Except as otherwise provided in subsection 3, all school officers in control of public high schools in [the] this state shall provide for courses of instruction designed to prepare the pupils for the duties of citizenship, both in time of peace and in time of war. Such instruction [shall] must include:
(a) Physical training designed to secure the health, vigor and physical soundness of the pupil.
(b) Instruction relative to the duties of citizens in the service of their country.
[It shall be the] The aim of such instruction must be to inculcate a love of country and a disposition to serve the country effectively and loyally.
2. Boards of trustees of school districts offering a 4-year high school course are empowered to employ teachers of physical training who shall devote all or part of their time to physical instruction for both boys and girls.
3. The provisions of this section do not apply to charter schools.
Sec. 65 NRS 389.060 is hereby amended to read as follows:
389.0601. Except as otherwise provided in [subsection 2,] subsections 2 and 3, physiology and hygiene must be taught in the public schools of this state, and special attention must be given to the effects of controlled substances upon the human system. The instruction must include the basic emergency care of a person in cardiac arrest, including the administering of cardiopulmonary resuscitation, in accordance with the standards of the American Heart Association or the American National Red Cross. The certification of pupils in the techniques of administering cardiopulmonary resuscitation is not required.
2. A pupil may be excused from instruction in the basic emergency care of a person in cardiac arrest if a parent or guardian of the pupil submits to the board of trustees of the school district a written statement indicating that such instruction is not in conformity with the religious beliefs of the parent or guardian.
3. The provisions of this section do not apply to charter schools.
Sec. 66 NRS 389.063 is hereby amended to read as follows:
389.0631. The state board shall establish a program of instruction regarding the prevention of suicide.
2. [The] Except as otherwise provided in subsection 3, the instruction must be provided to each pupil by the completion of grade 12 as a part of a required course of study.
3. The provisions of this section do not apply to pupils who are enrolled in charter schools.
Sec. 67 NRS 389.080 is hereby amended to read as follows:
389.0801. [The] Except as otherwise provided in subsection 5, the economics of the American system of free enterprise must be taught in all of the public high schools in this state.
2. The lessons must:
(a) Emphasize the benefits of free enterprise as compared to other economic systems;
(b) Teach the principles of the profit motive and competition and the way in which investments generate progress and growth in the economy;
(c) Introduce pupils to the principles of owning and operating a small business; and
(d) Provide instruction in personal finance, including the services available from financial institutions and the methods of obtaining and using those services.
3. Administrators and teachers who are charged with providing the instruction required by this section may communicate with persons in the community who are engaged in business, and with labor organizations, chambers of commerce and other service organizations to obtain speakers and other assistance in carrying out the requirements of this section.
4. The superintendent of each school district in this state shall determine the manner in which the instruction required by this section will be provided in the high schools of his school district.
5. The provisions of this section do not apply to charter schools.
Sec. 68 NRS 389.085 is hereby amended to read as follows:
389.085 1. The automobile driver education program is hereby established [for the purpose of assisting] to assist school districts and charter schools in this state which establish and maintain automobile driver education classes. Money for the automobile driver education program [shall] must be provided by direct legislative appropriation.
2. The state board [of education] may direct the superintendent of public instruction to make semiannual apportionments, payable on or before February 1 and July 1 of each year, to the several school districts [.] and charter schools. The semiannual apportionment made on or before February 1 [shall] must be made on the basis of $15 times the number of estimated pupil completions in the district and charter schools during the current school year, which [shall] must be estimated by the superintendent. The semiannual apportionment made on or before July 1 [shall] must be made on the basis of $35 times the actual number of pupil completions in the district and charter schools during the current year, less any amount previously apportioned to the district or charter school for estimated pupil completions during the current school year.
3. If the money available for the automobile driver education program is not sufficient to make full current school year apportionments, [so determined under] as determined pursuant to subsection 2, apportionment payments to the various school districts [shall] and charter schools must be prorated so that each school district and charter school is apportioned the same amount per pupil completion, such amount to be derived by dividing the total money available by the total number of completions during the current school year.
4. Money received by school districts and charter schools for the automobile driver education program must not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
Sec. 69 NRS 389.090 is hereby amended to read as follows:
389.0901. The state board [of education] shall adopt regulations governing the establishment, conduct and scope of automobile driver education in the public schools of this state.
2. The aims and purposes of automobile driver education are to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.
3. The board of trustees of a school district may establish and maintain automobile driver education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in the school district.
(b) Pupils enrolled in summer classes conducted in high schools in the school district.
[4.] A board of trustees maintaining courses in automobile driver education shall insure against any liability arising out of the use of motor vehicles in connection with those courses. The cost of the insurance must be paid from available school district funds.
4. A governing body of a charter school may establish and maintain automobile driver education classes if the governing body insures against any liability arising out of the use of motor vehicles in connection with those courses.
5. Automobile driver education must be provided by boards of trustees of school districts and governing bodies of charter schools in accordance with the regulations of the state board [of education] and may not be duplicated by any other agency, department, commission or officer of the State of Nevada.
6. Each course in automobile driver education provided by a board of trustees of a school district or a governing body of a charter school must include, without limitation, instruction in motor vehicle insurance.
Sec. 70 NRS 389.100 is hereby amended to read as follows:
389.1001. The legislature finds as facts:
(a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.
(b) That the imposition of a laboratory fee as a prerequisite to an elective course in driver education does not violate the requirements of article 11 of the constitution of the State of Nevada.
2. The board of trustees of any school district and the governing body of any charter school may establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course which must not exceed the actual cost per pupil of providing the laboratory portion of the course.
Sec. 71 NRS 389.110 is hereby amended to read as follows:
389.110[Instruction]
1. Except as otherwise provided in subsection 2, instruction concerning the preservation and protection of our environment, the principles of ecology and the principles of conservation of our natural and human resources [shall] must be included in the curriculum of all elementary and secondary schools of [the] this state.
2. The provisions of this section do not apply to charter schools.
Sec. 72 NRS 389.160 is hereby amended to read as follows:
389.1601. A pupil enrolled in high school , including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school, who successfully completes a course of education offered by a community college or university in this state which has been approved pursuant to subsection 2, must be allowed to apply the credit received for the course so completed to the total number of credits required for graduation from high school [.] or the charter school in which the pupil is enrolled.
2. With the approval of the state board, the board of trustees of each county school district and the governing body of each charter school shall prescribe the courses for which credits may be received pursuant to subsection 1, including occupational courses for academic credit, and the amount of credit allowed for the completion of those courses.
Sec. 73 NRS 389.170 is hereby amended to read as follows:
389.1701. The state board shall, by regulation, establish a course of study in technology.
2. The course of study may:
(a) Include such subjects as the latest technological advances in the areas of:
(1) Agriculture;
(2) Medicine;
(3) Processing and preserving food;
(4) Processing information;
(5) Photography;
(6) Graphic and electronic communications;
(7) Construction;
(8) Energy; and
(9) Manufacturing and transportation; and
(b) Provide pupils with the opportunity to design, develop, maintain and operate technological systems in these areas.
3. [The] Except as otherwise provided in subsection 5, the instruction required by this section must be made available to each pupil before his completion of the 8th grade. The board of trustees of a school district may direct that the course of study be given over a 3-year period during the 6th, 7th and 8th grades.
4. The board of trustees [in] of each school district shall incorporate into the curriculum the course of study within the limits of money made available to the district by the legislature for that purpose.
5. The provisions of this section do not apply to charter schools.
Sec. 74 NRS 389.180 is hereby amended to read as follows:
389.1801. The state board shall, by regulation, establish a course of study in occupational guidance and counseling.
2. The board of trustees of each school district shall establish the curriculum for the course of study in that district. The curriculum must be organized and, with the assistance of teachers, administrators, pupils, parents and the business community, coordinated by licensed school counselors who shall provide instruction and activities designed to:
(a) Promote normal growth and development.
(b) Promote positive mental and physical health.
(c) Provide each pupil with knowledge and skills which permit him to control his own destiny.
(d) Assist each pupil to plan, monitor and manage his personal, educational and occupational development.
(e) Meet the immediate needs and concerns of each pupil, whether his needs or concerns require counseling, consultation, referral or information.
(f) Provide counselors, teachers and support staff with the knowledge and skills required to maintain and improve the course.
(g) Provide such other related assistance and instruction as is deemed necessary.
3. [The] Except as otherwise provided in subsection 5, the instruction required by this section must be made available for each pupil in grades 7 to 12, inclusive.
4. The board of trustees in each school district shall organize and offer the curriculum within the limits of money made available to the district by the legislature for that purpose.
5. The provisions of this section do not apply to charter schools.
Sec. 75 NRS 389.190 is hereby amended to read as follows:
389.1901. The state board shall, by regulation, establish a course of study in adult roles and responsibilities. The course of study must be designed to prepare pupils for their potential roles as parents and as members of family groups.
2. The board of trustees of each school district shall establish the curriculum for the course of study in that district. The curriculum must be organized with the assistance of teachers, administrators, licensed school counselors, pupils and parents, and include instruction in the following areas:
(a) Personal and family management, including identifying values, setting goals, understanding oneself, developing personal assets and balancing the responsibilities of work and family;
(b) Skills for daily living and coping with stress, including problem solving, decision making, positive communication and conflict resolution;
(c) Money management, including identifying personal assets, financial goals and effective consumer practices relating to credit, taxes, savings and investments;
(d) Establishing and maintaining relationships, including marriage, relationships at a job and within the community, and relationships with friends, peers, family and extended family; and
(e) Skills and knowledge relating to the relationship between a parent and child, including the growth and development of children, skills needed to be an effective parent [,] and the responsibilities of parenthood.
3. [The] Except as otherwise provided in subsection 4, the instruction required by this section:
(a) Must be made available to each pupil at some time after his completion of grade 5 and before his completion of grade 12; and
(b) May be included as a part of an existing course of study or presented as a separate course of study.
4. The provisions of this section do not apply to charter schools.
Sec. 76 NRS 390.140 is hereby amended to read as follows:
390.1401. The state board [of education] shall make the final selection of all textbooks to be used in the public schools in this state [.] , except for charter schools.
2. A textbook must not be selected by the state board pursuant to subsection 1 for use in the public schools in classes in literature, history or social sciences unless it accurately portrays the cultural and racial diversity of our society, including lessons on the contributions made to our society by men and women from various racial and ethnic backgrounds.
Sec. 77 NRS 390.220 is hereby amended to read as follows:
390.220Boards of trustees of school districts in this state shall enforce in the public schools , excluding charter schools, the use of textbooks prescribed and adopted by the state board . [of education.]
Sec. 78 NRS 390.230 is hereby amended to read as follows:
390.230 1. [The] Except as otherwise provided in subsection 2, the textbooks adopted by the state board [of education] must be used in the public schools in [the] this state , and no other books may be used as basic textbooks.
2. This section does not prohibit:
(a) The continued use of such textbooks previously approved until they become unserviceable.
(b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.
(c) After approval by the state board, the temporary use of textbooks for tryout purposes.
(d) A charter school from using textbooks other than those adopted for use by the state board.
3. Any school officer or teacher who violates the provisions of this chapter, or knowingly fails to follow the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.
4. All superintendents, principals, teachers and school officers are charged with the execution of this section.
Sec. 79 NRS 391.045 is hereby amended to read as follows:
391.045 The superintendent of public instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel [who hold licenses entitling them] , including, without limitation, teachers and educational personnel employed by a charter school pursuant to sections 26 and 27 of this act, who are entitled to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.
Sec. 80 NRS 391.060 is hereby amended to read as follows:
391.0601. Except as otherwise provided in NRS 391.070, it is unlawful for:
(a) The superintendent of public instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.
2. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 81 NRS 391.070 is hereby amended to read as follows:
391.070Nothing in NRS 391.060 or in any other law prohibits the employment, by a board of trustees of a school district [,] or the governing body of a charter school, of any teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.
Sec. 82 NRS 391.170 is hereby amended to read as follows:
391.170 [A]
1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless:
[1.] (a) He is legally employed by the board of trustees of the school district in which he is teaching or performing other educational functions.
[2.] (b) He has a license authorizing him to teach or perform other educational functions at the level and in the field for which he is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school pursuant to the provisions of sections 26 and 27 of this act.
Sec. 83 NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, "employee" means any employee of a school district or charter school in this state.
2. A school month in any public school in this state consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees' compensation in 12 equal monthly payments for 9 or more months' work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted work days in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee [of a school district] takes a position with another school district [,] or charter school, all sick leave that he has accumulated must be transferred from his former school district or charter school to his new school district [.] or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district or charter school into which he transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.
(b) If , on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or [by] a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by [the] :
(a) The board of trustees of a school district pursuant to chapter 288 of NRS [,] ; or
(b) The governing body of a charter school pursuant to section 27 of this act,
the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 84 NRS 391.200 is hereby amended to read as follows:
391.200 The salaries of [the teachers] :
1. Teachers and other licensed [personnel] employees in a school district , as determined by the contracts between the teachers and other licensed employees and the board of trustees ; and
2. Teachers in a charter school, as agreed upon pursuant to section 27 of this act,
are prior claims upon the school district fund.
Sec. 85 NRS 391.230 is hereby amended to read as follows:
391.230 1. [Upon] Except as otherwise provided in subsection 3, upon the opening of any public school in this state, every teacher and other licensed employee employed for that school shall file with the superintendent of the county school district a Nevada license entitling the holder to teach or perform other educational functions in the school in which he will be employed, and any other report that the superintendent of public instruction requires.
2. The superintendent of the county school district shall acknowledge the receipt of each license and shall make a proper record thereof in his office. The license must remain on file and be safely kept in the office of the superintendent of the county school district.
3. This section does not apply to teachers who:
(a) Are not licensed; and
(b) Are employed by a charter school pursuant to the provisions of sections 26 and 27 of this act.
Sec. 86 NRS 391.240 is hereby amended to read as follows:
391.240 [Each]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall keep a true, full and correct register of all pupils attending such school as required by the board of trustees of the school district in accordance with the regulations prescribed by the superintendent of public instruction.
2. Each teacher in a charter school shall keep a record of the enrollment of pupils in the charter school in accordance with the regulations prescribed by the superintendent of public instruction.
Sec. 87 NRS 391.260 is hereby amended to read as follows:
391.260 [Every]
1. Except as otherwise provided in subsection 2, each teacher in the public schools shall enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools.
2. The provisions of subsection 1 do not prohibit a charter school from:
(a) Offering courses of study other than the courses of study prescribed by law;
(b) Using textbooks other than the textbooks that are legally authorized for use in the school district; or
(c) Enforcing rules and regulations other than the rules and regulations prescribed for teachers and schools in the school district.
Sec. 88 NRS 391.273 is hereby amended to read as follows:
391.273 1. [Unless specifically exempted pursuant to subsection 4,] Except as otherwise provided in subsections 4 and 9, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.
2. Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.
3. Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.
4. Upon application by a superintendent of schools, the superintendent of public instruction may grant an exemption from the provisions of subsection 1. The superintendent shall not grant an exemption unless:
(a) The duties are within the employee's special expertise or training;
(b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an investigation pursuant to NRS 391.033.
5. The superintendent of public instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district [,] and advise the clerk of any changes therein. The record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by the superintendent of public instruction; and
(d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.
6. The superintendent of public instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.
7. Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher's aide to serve as a teacher unless the person is a legally qualified teacher licensed by the superintendent of public instruction. As used in this subsection, "emergency" means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.
8. If the superintendent of public instruction determines that the board of trustees of a school district has violated the provisions of subsection 7, he shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teacher's aide; and
(c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.
9. The provisions of this section do not apply to unlicensed personnel employed by a charter school pursuant to the provisions of sections 26 and 27 of this act.
Sec. 89 NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.3115 to 391.3197, inclusive, unless the context otherwise requires:
1. "Administrator" means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
2. "Board" means the board of trustees of the school district in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.
3. "Demotion" means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. "Immorality" means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 or 207.260.
5. "Postprobationary employee" means an administrator or a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice of reemployment.
6. "Probationary employee" means an administrator or a teacher who is employed for the period set forth in NRS 391.3197.
7. "Superintendent" means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. "Teacher" means a licensed employee of a school district or person who is employed by a charter school pursuant to section 26 of this act, the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 90 NRS 391.3116 is hereby amended to read as follows:
391.3116 The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher, administrator [,] or other licensed employee who has entered into a contract with [the] :
1. The board negotiated pursuant to chapter 288 of NRS , if the contract contains separate provisions relating to the [board's] right of the board to dismiss or refuse to reemploy the employee or demote an administrator.
2. The governing body of a charter school pursuant to the provisions of section 27 of this act, if the contract contains separate provisions relating to the right of the governing body to dismiss or refuse to reemploy the employee or demote an administrator.
Sec. 91 NRS 392.125 is hereby amended to read as follows:
392.1251. [Before] Except as otherwise provided in subsection 4, before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil's teacher and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.
2. The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.
3. No pupil may be retained more than one time in the same grade.
4. This section does not apply to the academic retention of pupils who are enrolled in a charter school.
Sec. 92 NRS 392.160 is hereby amended to read as follows:
392.1601. Any peace officer, the attendance officer, or any other school officer shall, during school hours, take into custody without warrant:
(a) Any child between the ages of 7 and 17 years; and
(b) Any child who has arrived at the age of 6 years but not at the age of 7 years and is enrolled in a public school,
who has been reported to him by the teacher, superintendent of schools or other school officer as an absentee from instruction upon which he is lawfully required to attend.
2. Except as otherwise provided in subsection 3:
(a) During school hours, the officer having custody shall forthwith deliver the child to the superintendent of schools, principal or other school officer at the child's school of attendance.
(b) After school hours, [he] the officer having custody shall deliver the child to the parent, guardian or other person having control or charge of the child.
3. The board of trustees of a school district or the governing body of a charter school may enter into an agreement with a counseling agency to permit delivery of the child to the agency. For the purposes of this subsection, "counseling agency" means an agency designated by the school district in which the child is enrolled to provide counseling for the child and the parent, guardian or other person having control or charge of the child.
Sec. 93 NRS 392.165 is hereby amended to read as follows:
392.1651. The board of trustees of a school district and the governing body of a charter school shall not allow a child to be permanently enrolled in any school in the district or any charter school until the parent or guardian of the child furnishes a birth certificate or other document suitable as proof of the child's identity and, if applicable, a copy of the child's records from the school he most recently attended.
2. Except as otherwise provided in subsection 3, a child must be enrolled in a school under his name as it appears in the identifying document or records required by subsection 1, unless the parent or guardian furnishes a court order or decree authorizing a change of name or directing the board of trustees of the school district or the governing body of a charter school to enroll the child under a name other than the name which appears in the identifying document or records.
3. A child who is in the custody of the division of child and family services of the department of human resources may be enrolled in a school under a name other than the name which appears in the identifying document or records required by subsection 1 if the court determines that to do so would be in the best interests of the child.
4. If the parent or guardian fails to furnish the identifying document or records required by subsection 1 within 30 days after the child is conditionally enrolled, the principal , [or] superintendent or governing body of a charter school shall notify the local law enforcement agency and request a determination as to whether the child has been reported as missing.
Sec. 94 NRS 392.167 is hereby amended to read as follows:
392.167A parent or guardian who has legal custody of a child may petition the appropriate district court for an order directing the board of trustees of a school district or the governing body of a charter school to enroll that child in a public school within that district under a name other than the name which appears in the identifying document or records required by subsection 1 of NRS 392.165. Except as otherwise provided by specific statute, the court shall issue the order if it determines that to do so would be in the best interests of the child.
Sec. 95 NRS 392.170 is hereby amended to read as follows:
392.170Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:
1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child, for violation of any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive.
2. Make and file a written report of the investigation and the findings thereof in the records of the board.
Sec. 96 NRS 392.180 is hereby amended to read as follows:
392.180If it appears upon investigation that any parent, guardian or other person having control or charge of any child has violated any of the provisions of NRS 392.130 to 392.160, inclusive, or 392.040 to 392.110, inclusive, the clerk of the board of trustees, except as otherwise provided in NRS 392.190, or the governing body of a charter school in which the child is enrolled, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
Sec. 97 NRS 392.430 is hereby amended to read as follows:
392.430[The]
1. Except as otherwise provided in subsection 2, the board of trustees of a school district [shall have power:
1. To make] may:
(a) Adopt and enforce [necessary] regulations that are necessary for sanitation in the public schools and [to prevent] for the prevention of the spread of contagious and infectious diseases therein.
[2. To expend]
(b) Spend money available in the school district [funds] to enforce the regulations among indigent children.
2. The governing body of a charter school may:
(a) Adopt and enforce rules that are necessary for sanitation in the charter school and for the prevention of contagious and infectious diseases; and
(b) Spend money to enforce the rules among indigent children.
Sec. 98 NRS 392.435 is hereby amended to read as follows:
392.4351. Unless excused because of religious belief or medical condition, a child may not be enrolled in a public school within this state unless his parents or guardian submit to the board of trustees of the school district in which the child resides or the governing body of the charter school in which the child has been accepted for enrollment a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state board of health may determine.
2. The certificate must show that the required vaccines and boosters were given and must bear the signature of a licensed physician or his designee or a registered nurse or his designee, attesting that the certificate accurately reflects the child's record of immunization.
3. If the requirements of subsection 1 can be met with one visit to a physician or clinic, procedures for conditional enrollment do not apply.
4. A child may enter school conditionally if the parent or guardian submits a certificate from a physician or local health officer that the child is receiving the required immunizations. If a certificate from the physician or local health officer showing that the child has been fully immunized is not submitted to the appropriate school officers within 90 school days after the child was conditionally admitted, the child must be excluded from school and may not be readmitted until the requirements for immunization have been met. A child who is excluded from school pursuant to this section is a neglected child for the purposes of NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district and the governing body of each charter school shall report to the health division of the department of human resources, on a form furnished by the division, the exact number of pupils who have completed the immunizations required by this section.
6. The certificate of immunization must be included in the pupil's academic or cumulative record and transferred as part of that record upon request.
Sec. 99 NRS 392.437 is hereby amended to read as follows:
392.437A public school shall not refuse to enroll a child as a pupil because [such] the child has not been immunized pursuant to NRS 392.435 if the parents or guardian of [such child have] the child has submitted to the board of trustees of the school district or the governing body of a charter school in which the child has been accepted for enrollment a written statement indicating that their religious belief prohibits immunization of such child or ward.
Sec. 100 NRS 392.439 is hereby amended to read as follows:
392.439If the medical condition of a child will not permit him to be immunized to the extent required by NRS 392.435 [,] and a written statement of this fact is signed by a licensed physician and [presented to the board of trustees] by the parents or guardian of [such] the child , the board of trustees of the school district or governing body of the charter school in which the child has been accepted for enrollment shall exempt [such] the child from all or part of the provisions of NRS 392.435, as the case may be, for enrollment purposes.
Sec. 101 NRS 392.443 is hereby amended to read as follows:
392.443If, after a child has been enrolled in a public school and before registration for any subsequent school year additional immunization requirements are provided by law, the child's parents or guardian shall submit an additional certificate or certificates to the board of trustees or the governing body of the charter school in which the child is enrolled stating that [such] the child has met the new immunization requirements.
Sec. 102 NRS 392.446 is hereby amended to read as follows:
392.446Whenever the state board of health or a local board of health determines that there is a dangerous contagious disease in a public school attended by a child for whom exemption from immunization is claimed pursuant to the provisions of NRS 392.437 or 392.439, the board of trustees of the school district or the governing body of the charter school in which the child is enrolled shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local health officer be notified.
Sec. 103 NRS 392.450 is hereby amended to read as follows:
392.4501. The board of trustees of [a] each school district and the governing body of each charter school shall provide drills for the pupils in the schools in the school district or the charter schools at least once [a] each month during the school year to instruct those pupils in the appropriate procedures to be followed in the event of a fire or other emergency. Not more than three of those drills may include instruction in the appropriate procedures to be followed in the event of a chemical explosion, related emergencies and other natural disasters.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, the drills required by subsection 1 must be conducted under the supervision of the:
(a) Person designated for this purpose by the board of trustees of the school district [;] or the governing body of a charter school; and
(b) Chief of the fire department of the city or town.
3. A diagram of the approved escape route and any other information related to the drills which is approved by the chief of the fire department or, if there is no fire department, the state fire marshal must be kept posted in every classroom of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school building shall cause the provisions of this section to be enforced.
5. Any violation of the provisions of this section is a misdemeanor.
Sec. 104 NRS 392.455 is hereby amended to read as follows:
392.4551. If a school district or a charter school has established classes in occupational education, the teachers and pupils in those classes must wear devices provided by the school district or the charter school which are designed to protect their eyes while they are using power tools, torches or other dangerous equipment or machinery.
2. The teachers and pupils in classes in science must wear devices provided by the school district which are designed to protect their eyes when chemicals or toxic substances are used in those classes.
Sec. 105 NRS 392.465 is hereby amended to read as follows:
392.4651. Corporal punishment may not be administered upon a pupil in any public school [.] , including, without limitation, charter schools.
2. Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself if attacked by a pupil.
3. As used in this section, "corporal punishment" means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:
(a) To quell a disturbance that threatens physical injury to any person or the destruction of property;
(b) To obtain possession of a weapon or other dangerous object within a pupil's control;
(c) For the purpose of self-defense or the defense of another person; or
(d) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.
Sec. 106 NRS 393.010 is hereby amended to read as follows:
393.010The board of trustees of a school district shall:
1. Manage and control the school property within its district [.] except for any property belonging to a charter school.
2. Have the custody and safekeeping of the district schoolhouses, their sites and appurtenances.
Sec. 106.5. NRS 286.070 is hereby amended to read as follows:
286.070 1. "Public employer" means the state, one of its agencies or one of its political subdivisions, the system, irrigation districts created under the laws of the State of Nevada, a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to NRS 450.500, a public or quasi-public organization or agency that is funded, at least in part, by public money, including a regional transportation commission, a governing body of a charter school and a council of governments created pursuant to the laws of the State of Nevada.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit money with the state treasurer.
Sec. 107 NRS 463.385 is hereby amended to read as follows:
463.3851. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school account in the state general fund, and the capital construction fund for higher education and the special capital construction fund for higher education, which are hereby created in the state treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year , the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school account in the state general fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, and the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the University and Community College System of Nevada an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the University and Community College System of Nevada to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
6. After the requirements of subsection 5 have been met for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University and Community College System of Nevada, including , but not limited to , capital improvement projects for the community colleges of the University and Community College System of Nevada. As used in this subsection, "construction" includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the state general fund but remains in those funds for authorized expenditure.
7. The money deposited in the state distributive school account in the state general fund [under] pursuant to this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of [the] this state at the times and in the manner provided by law.
8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 108 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 109 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. 110 1. This section and sections 30, 108 and 109 of this act become effective upon passage and approval.
2. Sections 1 to 9, inclusive, 11 to 29, inclusive, and 31 to 107, inclusive, of this act become effective on October 1, 1997.
3. Section 10 of this act becomes effective on October 1, 1997, and expires by limitation on September 30, 2003.