Senate Bill No. 477-Committee on Human Resources and Facilities
June 24, 1997
____________
Referred to Committee on Human Resources and Facilities
SUMMARY--Provides in skeleton form for formation of community school boards. (BDR 34-1825)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; providing in skeleton form for the formation of community school boards; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 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 and the community school boards within [the] this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts [.] and within each high school attendance zone that is controlled by a community school board. These rights and powers [shall only be] are limited only 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.
3. The state board [of education] shall, and each board of trustees of a local school district , community school board and any other school official may, advise the legislature at each regular session of any recommended legislative action to insure equality of educational opportunity for all children in the State of Nevada.
Sec. 2 NRS 385.007 is hereby amended to read as follows:
385.007As used in this Title, unless the context otherwise requires:
1. "Board of trustees of a school district" means the board of trustees of a county school district who are elected pursuant to the provisions of NRS 386.160 to 386.225, inclusive.
2. "Community school board" means a board that is formed pursuant to the provisions of sections 4 to 8, inclusive, of this act whose members are elected or appointed pursuant to the provisions of sections 9 to 12, inclusive, of this act.
3. "Department" means the department of education.
[2.] 4. "Public schools" means all kindergartens and elementary schools, junior high schools and middle schools, high schools and any other schools, classes and educational programs which receive their support through public taxation and whose textbooks and courses of study are under the control of the state board.
[3.] 5. "State board" means the state board of education.
Sec. 3 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 16, inclusive, of this act.
Sec. 4 1. A community school board may be formed pursuant to the provisions of sections 4 to 8, inclusive, of this act. Upon formation, a community school board consists of three members who are elected or appointed pursuant to the provisions of sections 9 to 12, inclusive, of this act.
2. In a county whose population is 400,000 or more, a community school board may be formed if parents and legal guardians representing at least two-thirds of the pupils who are enrolled in the public schools that comprise at least two high school attendance zones sign and file a petition in accordance with the provisions of sections 4 to 8, inclusive, of this act.
3. In a county whose population is less than 400,000, a community school board may be formed if parents and legal guardians representing at least two-thirds of the pupils who are enrolled in the public schools that comprise at least one high school attendance zone sign and file a petition in accordance with the provisions of sections 4 to 8, inclusive, of this act.
4. Except as otherwise provided in this subsection, a parent or legal guardian may sign a petition one time for each of his children who is enrolled in a public school that is in a high school attendance zone that is included within the proposed community school board. A parent or legal guardian shall not sign such a petition if another parent or legal guardian has previously signed the petition on behalf of the same pupil.
Sec. 5 1. A committee to form a community school board may be formed by five or more parents or legal guardians of pupils who attend public schools within at least one high school attendance zone that is included within the proposed jurisdiction of a community school board.
2. Before the committee begins to circulate the petition to form a community school board, the committee shall file a notice to form a community school board with the secretary of state. The notice must include:
(a) A copy of the petition that will be circulated; and
(b) An affidavit, signed by each member of the committee, which includes:
(1) A statement that the committee accepts responsibility for circulating the petition;
(2) A statement that the committee accepts responsibility for filing the petition with the secretary of state;
(3) The names and addresses of each member of the committee; and
(4) The address to which written notice concerning the petition must be sent.
3. The petition must sufficiently describe each high school attendance zone that is included within the proposed jurisdiction of the community school board and each elementary, middle, junior high and high school within that area.
Sec. 6 1. On or before February 1 of a year in which a general election will be held in this state, a committee to form a community school board must file a petition with the secretary of state.
2. To be certified as sufficient with regard to the number of signatures required for a petition to form a community school board, the petition must be signed in indelible ink by parents and legal guardians representing at least two-thirds of the pupils who attend public schools within each high school attendance zone that is included within the jurisdiction of the proposed community school board.
3. Each parent or legal guardian who desires to sign the petition shall include:
(a) The name of the pupil on whose behalf he is signing the petition;
(b) The name of the school that the pupil attends;
(c) The residential and mailing address of the parent or legal guardian;
(d) His signature; and
(e) The date of his signature.
4. A petition may consist of more than one document. Each document must:
(a) Be uniform in size and form;
(b) Be circulated in only one high school attendance zone;
(c) Bear the name of the high school attendance zone in which the document is circulated; and
(d) Contain a notice to each parent or legal guardian that not more than one parent or legal guardian may sign for each pupil.
5. Each document of the petition that is submitted must have attached to it an affidavit signed by the person who circulated the document which attests that:
(a) He personally circulated the document;
(b) Each signature contained in the document was signed in his presence and is genuine to the best of his knowledge and belief; and
(c) Each person who signed the petition had an opportunity before signing to examine the document.
6. Not more than 15 days after a petition is submitted to the secretary of state, a person who signed the petition may submit a written request to the secretary of state, signed under penalty of perjury, that his name be removed from the petition.
Sec. 7 1. Upon notice of the secretary of state, the board of trustees of the school district in which the proposed community school board will have jurisdiction shall provide to the secretary of state the records of enrollment of pupils for the current school year within each high school attendance zone that is included within the proposed community school board. Not more than 20 days after a petition is submitted, the secretary of state shall use the records of enrollment to verify the total number of pupils enrolled in public schools in a high school attendance zone that is included within the proposed jurisdiction of the community school board who are represented by signatures on the petition. The secretary of state shall invalidate the signature of any person if the signature is not signed in ink or dated. The secretary of state shall issue a certificate as to the sufficiency of the petition. If the petition is insufficient, the secretary of state shall include in the certificate the reasons for the insufficiency.
2. If a petition is insufficient because it lacks the required number of signatures, the committee that submitted the petition may amend the petition once by filing a notice to amend with the secretary of state not more than 10 days after the committee receives notice of the insufficiency of the petition. An amended petition containing the
required number of additional signatures must be submitted to the secretary of state not more than 10 days after the committee files a notice to amend. An amended petition must comply with the requirements of the petition as originally filed.
3. Not more than 10 days after an amended petition is filed, the secretary of state shall verify the signatures on the amended petition. If the secretary of state determines that the petition is still insufficient, the secretary of state shall immediately so notify the committee that submitted the amended petition.
4. If the certificate of sufficiency issued by the secretary of state pursuant to subsection 1 verifies that the number of signatures on the petition or amended petition is at least equal to 100 percent of the number of signatures required by section 4 of this act to form a community school board, he shall declare that the petition is sufficient and shall immediately so notify the county clerk of the county in which the community school board is located, the committee that submitted the petition, the board of trustees of the affected county school district and the superintendent of public instruction.
Sec. 8 1. One or more additional high school attendance zones may be added to the jurisdiction of a community school board that is formed pursuant to the provisions of sections 4 to 8, inclusive, of this act upon the written consent of the existing community school board, if parents and legal guardians representing at least two-thirds of the pupils who are enrolled in the public schools in the high school attendance zone proposed for addition submit the requisite petitions as set forth in sections 4 to 8, inclusive, of this act.
2. A community school board may be dissolved if parents and legal guardians representing at least two-thirds of the pupils who are enrolled in the public schools in each high school attendance zone that is included within the jurisdiction of the community school board approve the dissolution as evidenced by the submission of petitions to that effect in the manner set forth in sections 4 to 8, inclusive, of this act.
Sec. 9 If a community school board is formed pursuant to sections 4 to 8, inclusive, of this act:
1. A candidate for the office of member of a community school board must be a qualified elector and a resident of a high school attendance zone that is included within the jurisdiction of the community school board.
2. Candidates for the office of member of a community school board must be nominated in the manner provided by the primary election laws of this state.
3. The declaration of candidacy and the acceptance of a candidacy by candidates for the office of member of a community school board must be filed with the county clerk of the county in which the community school board is formed.
Sec. 10 1. Members of a community school board must be elected as provided in the election laws of this state.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for members of a community school board and shall order the county clerk to issue election certificates to the candidates elected.
3. The county clerk shall immediately transmit a copy of each election certificate to the superintendent of public instruction.
Sec. 11 Each member of a community school board shall:
1. Enter upon the duties of his office on the first Monday in January next following his election.
2. Hold the office until his successor is elected and qualified.
3. Take and subscribe to the official oath.
4. File with the superintendent of public instruction a copy of his official oath and a statement showing the term for which he has been elected or appointed.
Sec. 12 1. A vacancy in the membership of a community school board must be filled by appointment by the remaining two members of the board at a public meeting. The public meeting must be held after notice of the meeting is published at least once each week for 2 weeks in a newspaper of general circulation in the county in which the community school board is formed. The term of the member so appointed extends until the next general election, at which time his successor must be elected for the remainder of the unexpired term.
2. Any person appointed to fill a vacancy must have the qualifications set forth in subsection 1 of section 9 of this act.
Sec. 13 1. A community school board shall hold a regular meeting at least once each month, at such time and place as the board determines. The provisions of chapter 241 of NRS apply to the meetings of the community school board. The jurisdiction of a community school board extends, as authorized by statute, to schools located within the high school attendance zones from which the community school board was formed pursuant to sections 4 to 8, inclusive, of this act.
2. A majority of the members of a community school board constitutes a quorum for the transaction of business, and no action of the board is valid unless the action receives, at a regularly called meeting, the approval of a majority of all of the members of the board.
3. A community school board may hold its meetings in any public school or other public facility located within the jurisdiction of the community school board.
Sec. 14 1. A community school board may sue and be sued.
2. The members of a community school board shall be deemed public employees, including, without limitation, for the purposes of determining liability and immunity from liability pursuant to chapter 41of NRS.
Sec. 15 The state board may, for a school within the jurisdiction of a community school board, waive a course of study otherwise required by statute or regulation upon application of the community school board. The application must describe the justification for the request.
Sec. 16 A community school board may establish a policy that requires pupils who attend schools within its jurisdiction to wear school uniforms. The policy must:
1. Describe the uniforms;
2. Designate which pupils must wear the uniforms; and
3. Designate the hours or event during which the uniforms must be worn.
Sec. 17 NRS 386.290 is hereby amended to read as follows:
386.2901. In addition to salaries allowed under NRS 386.320 a trustee of a school district and a member of a community school board shall be allowed:
(a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.
(b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.
2. Claims for mileage and per diem allowances [shall] must be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses [shall] may be allowed or paid to a trustee of a school district or a member of a community school board residing not more than 5 miles from the place where board meetings are held.
Sec. 18 NRS 386.305 is hereby amended to read as follows:
386.305A member of any board of trustees [shall] or community school board must not be financially interested in any contract made by the board of trustees or community school board of which he is a member.
Sec. 19 NRS 386.350 is hereby amended to read as follows:
386.350Each board of trustees [is] of a school district and community school board are 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 are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.
Sec. 20 NRS 386.360 is hereby amended to read as follows:
386.3601. Each board of trustees of a school district and community school board may prescribe and enforce rules, not inconsistent with law or rules prescribed by the state board , [of education,] for its own government and the government of public schools under its charge.
2. Each board of trustees of a school district shall prescribe rules for the granting of permission to carry or possess a weapon pursuant to NRS 202.265.
Sec. 21 Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:
If a community school board is formed pursuant to the provisions of sections 4 to 8, inclusive, of this act:
1. The community school board shall establish and administer a separate account pursuant to NRS 354.603.
2. The board of trustees of the school district in which the community school board is located shall establish and administer a separate account pursuant to NRS 354.603.
Sec. 22 NRS 387.170 is hereby amended to read as follows:
387.1701. There is hereby created in each county treasury a fund to be designated as the county school district fund, except as otherwise provided in subsection 2.
2. All money received by the county treasurer under the provisions of NRS 387.175 [may] :
(a) In a county school district in which a community school board has not been formed, may be transferred to a separate account established and administered by the board of trustees of the county school district [under] pursuant to the provisions of NRS 354.603.
(b) In a county school district in which a community school board has been formed:
(1) Must be transferred to the separate account established and administered by the board of trustees of the county school district in a proportional amount that is equal to the number of pupils who are enrolled in public schools that are located outside the jurisdiction of the community school board plus an amount that is equal to the administrative costs of the district on behalf of the community school board and any other costs incurred by the board of trustees of the school district on behalf of the community school board.
(2) Must be transferred to the separate account established and administered by the community school board pursuant to NRS 354.603 in a proportional amount based upon the number of pupils who are enrolled in public schools within the jurisdiction of the community school board minus the amount deducted for administrative and other costs incurred by the board of trustees of the school district on behalf of the community school board.
Sec. 23 NRS 388.060 is hereby amended to read as follows:
388.0601. Except as otherwise provided in this subsection, the board of trustees of each school district shall establish, equip and maintain a kindergarten or kindergartens in each elementary school or each school attendance area in the district. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school and the board of trustees of the school district may determine whether to establish a kindergarten for those children.
2. Except as otherwise provided in this subsection, each community school board shall establish, equip and maintain a kindergarten or kindergartens in each elementary school that is located within each school attendance zone that is included within the jurisdiction of the community school board. If, on or before June 1 immediately preceding the school year, admittance to kindergarten has been requested for fewer than 15 children, the mandatory provisions of this subsection do not apply to that school and the community school board may determine whether to establish a kindergarten for those children.
3. Any child who will arrive at the age of 5 years by September 30 may be admitted to kindergarten at the beginning of the school year and his enrollment must be counted for the purposes of apportionment.
[3.] 4. Except as otherwise provided in subsection [4,] 5, if a child will not arrive at the age of 5 years by September 30, the child must not be admitted to kindergarten until the beginning of the school year following his fifth birthday.
[4.] 5. A child who becomes a resident of this state after beginning kindergarten in another state in accordance with the laws of that state may be admitted to kindergarten regardless of his age, unless the board of trustees of the school district or the community school board determines that the requirements of this section are being deliberately circumvented.
[5.] 6. The board of trustees of a school district and a community school board in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
Sec. 24 NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise permitted pursuant to this section, boards of trustees of school districts and community school boards shall schedule and provide a minimum of 180 days of free school in the [districts] public schools under their charge.
2. The superintendent of public instruction may, upon application by a board of trustees [,] or a community school board, authorize a reduction of not more than 15 school days in a particular district or high school attendance zone that is included within the jurisdiction of a community school board to establish or maintain a 12-month school program or a program involving alternative scheduling, if the board of trustees or the community school board demonstrates that the proposed schedule for the program provides for a greater number of minutes of instruction than would be provided under a program consisting of 180 school days. Before authorizing a reduction in the number of required school days pursuant to this subsection, the superintendent of public instruction must find that the proposed schedule will be used to alleviate problems associated with a growth in enrollment or overcrowding, or to establish and maintain a program of alternative schooling.
3. The superintendent of public instruction may, upon application by a board of trustees [,] or a community school board, authorize the addition of minutes of instruction to any scheduled day of free school if days of free school are lost because of any interscholastic activity. Not more than 5 days of free school so lost may be rescheduled in this manner.
4. Each board of trustees of a school district and community school board shall schedule at least 3 contingent days of school in addition to the number of days required by this section, which must be used if a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within the district [.] or the jurisdiction of the community school board.
5. If more than 3 days of free school are lost because a natural disaster, inclement weather or an accident necessitates the closing of a majority of the facilities within a school district [,] or the jurisdiction of a community school board, the superintendent of public instruction, upon application by the board of trustees of the school district [,] or the community school board, may permit the additional days lost to be counted as school days in session. The application must be submitted in the manner prescribed by the superintendent of public instruction.
6. The state board [of education] shall adopt regulations providing procedures for changing schedules of instruction to be used if a natural disaster, inclement weather or an accident necessitates the closing of a particular school within a school district [.] or the jurisdiction of a community school board.
Sec. 25 NRS 389.010 is hereby amended to read as follows:
389.010Except as otherwise provided in NRS 389.170 and 389.180, boards of trustees of school districts and community school boards shall enforce in schools the courses of study prescribed and adopted by the state board.
Sec. 26 NRS 390.220 is hereby amended to read as follows:
390.220Boards of trustees of school districts and community school boards in this state shall enforce in schools the use of textbooks prescribed and adopted by the state board . [of education.]
Sec. 27 Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A community school board may employ legally qualified teachers and other licensed personnel for employment in the public schools under the charge of the community school board.
2. A community school board may not employ teachers or other licensed personnel for any school year commencing after the expiration of the time for which any member of the community school board was elected or appointed.
3. It is unlawful for a community school board to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach.
4. On or before November 15 of each year, the school district shall submit to the department, in a form prescribed by the superintendent of public instruction, the following information for each licensed employee employed by a community school board within the school district on October 1 of that year:
(a) The amount of the salary of the employee; and
(b) The designated assignment, as that term is defined by the department of education, of the employee.
Sec. 28 NRS 391.100 is hereby amended to read as follows:
391.1001. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees [.] for employment in the schools under the charge of the board of trustees. The superintendent and other nonlicensed employees of the school district, as appropriate, shall provide administrative assistance to any community school board formed within the district.
2. A community school board may employ teachers and all other necessary employees for employment in the schools under the charge of the community school board.
3. The board of trustees of a school district [:] and a community school board:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof; and
(b) Shall establish policies governing the duties and performance of teacher aides.
[3.] 4. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the superintendent of public instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district 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.
[4.] 5. The board of trustees of a school district and a community school board may employ or appoint persons to serve as school police officers.
Sec. 29 NRS 392.463 is hereby amended to read as follows:
392.4631. Each board of trustees of a school district shall prescribe written rules of behavior required of and prohibited for pupils attending school within their district , excluding pupils attending school within the jurisdiction of a community school board, and shall prescribe appropriate punishments for violations of the rules. If suspension or expulsion is used as a punishment for a violation of the rules, the board of trustees of a school district shall follow the procedures in NRS 392.467.
2. A community school board shall prescribe written rules of behavior required of and prohibited for pupils attending school within its jurisdiction and shall prescribe appropriate punishments for violations of the rules. If suspension or expulsion is used as a punishment for a violation of the rules, the community school board shall follow the procedures in NRS 392.467.
3. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be distributed to each pupil at the beginning of the school year and to each new pupil who enters school during the year. Copies must also be made available for inspection at each school located in that district or within the jurisdiction of the community school board in an area on the grounds of the school which is open to the public.
Sec. 30 NRS 392.467 is hereby amended to read as follows:
392.4671. Except as otherwise provided in subsections [4 and 5,] 5 and 6, the board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district [.] , excluding pupils who are enrolled in public schools within the jurisdiction of a community school board.
2. Except as otherwise provided in subsections 5 and 6, a community school board may authorize the suspension or expulsion of any pupil from any public school within its jurisdiction.
3. Except as otherwise provided in subsection [5,] 6, no pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that 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 school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion.
[3.] 4. The provisions of chapter 241 of NRS do not apply to any hearing conducted pursuant to this section. Such hearings must be closed to the public.
[4.] 5. The board of trustees of a school district or a community school board shall not authorize the expulsion, suspension or removal of any pupil from the public school system solely because the pupil is declared a truant or habitual truant in accordance with NRS 392.130 or 392.140.
[5.] 6. A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:
(a) Suspended from school pursuant to this section for not more than 10 days.
(b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.).
Sec. 31 NRS 393.010 is hereby amended to read as follows:
393.0101. The board of trustees of a school district shall:
[1.] (a) Manage and control the school property within its district [.
2.] , excluding school property that is managed and controlled by a community school board within the school district.
(b) Have the custody and safekeeping of the district schoolhouses, their sites and appurtenances [.] , excluding those schoolhouses and their sites and appurtenances within the jurisdiction of a community school board.
2. A community school board shall:
(a) Manage and control the school property in each high school attendance zone from which the community school board was formed.
(b) Have the custody and safekeeping of the district schoolhouses and their sites and appurtenances in each high school attendance zone from which the community school board was formed.
Sec. 32 NRS 393.100 is hereby amended to read as follows:
393.100The board of trustees of a school district and a community school board shall keep the public school buildings, teacherages, dormitories, dining halls, gymnasiums, stadiums and all other buildings in [its] their respective charge in such repair as is necessary for the comfort and health of pupils and teachers.
Sec. 33 The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is further amended by another act, appropriately correct any incorrect reference regarding the formation and jurisdiction of community school boards.
2. In preparing supplements to the Nevada Administrative Code, appropriately correct any incorrect reference regarding the formation and jurisdiction of community school boards.
Sec. 34 This act becomes effective upon passage and approval.