Assembly Bill No. 264–Assemblymen Giunchigliani, Williams, Anderson, Atkinson, Arberry, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Koivisto, Leslie, Manendo, McClain, Mortenson, Oceguera, Parks, Perkins and Pierce
March 10, 2003
____________
Referred to Concurrent
Committees on Education
and Ways and Means
SUMMARY—Makes various changes governing education. (BDR 34‑62)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
CONTAINS UNFUNDED MANDATE (§ 3)
(Not Requested by Affected Local Government)
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; providing for the release of certain records of pupils under certain circumstances; revising provisions governing the purchase of retirement credit by boards of trustees of school districts for certain teachers; prohibiting under certain circumstances the use or attempted use of a false or misleading educational credential; making an appropriation for school districts to provide programs of enhanced compensation; 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:
1-1 Section 1. NRS 386.655 is hereby amended to read as follows:
1-2 386.655 1. The Department, the school districts and the
1-3 public schools, including, without limitation, charter schools, shall,
2-1 in operating the statewide automated system of information
2-2 established pursuant to NRS 386.650, comply with the provisions
2-3 of:
2-4 (a) For all pupils, the Family Educational Rights and Privacy
2-5 Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant
2-6 thereto; and
2-7 (b) For pupils with disabilities who are enrolled in programs of
2-8 special education, the provisions governing access to education
2-9 records and confidentiality of information prescribed in the
2-10 Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c),
2-11 and the regulations adopted pursuant thereto.
2-12 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) ,
2-13 [and] any other applicable federal law[,] and the laws of this state,
2-14 a public school, including, without limitation, a charter school, shall
2-15 not release the education records of a pupil to a person or an agency
2-16 of a federal, state or local government without the written consent of
2-17 the parent or legal guardian of the pupil.
2-18 3. In addition to the record required pursuant to 20 U.S.C. §
2-19 1232g(b)(4)(A), each school district shall maintain within the
2-20 statewide automated system of information an electronic record of
2-21 all persons and agencies who have requested the education record of
2-22 a pupil or obtained access to the education record of a pupil, or both,
2-23 pursuant to 20 U.S.C. § 1232g. The electronic record must be
2-24 maintained and may only be disclosed in accordance with the
2-25 provisions of 20 U.S.C. § 1232g. A charter school shall provide to
2-26 the school district in which the charter school is located such
2-27 information as is necessary for the school district to carry out the
2-28 provisions of this subsection, regardless of the sponsor of the charter
2-29 school.
2-30 4. The right accorded to a parent or legal guardian of a pupil
2-31 pursuant to subsection 2 devolves upon the pupil on the date on
2-32 which he attains the age of 18 years.
2-33 5. As used in this section, unless the context otherwise
2-34 requires, “education records” has the meaning ascribed to it in 20
2-35 U.S.C. § 1232g(a)(4).
2-36 Sec. 2. NRS 388.5315 is hereby amended to read as follows:
2-37 388.5315 1. A denial of rights of a pupil with a disability
2-38 pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in
2-39 the pupil’s cumulative record and a confidential file maintained for
2-40 that pupil. Notice of the denial must be provided to the board of
2-41 trustees of the school district[.] , the pupil’s individualized
2-42 education program team and the parent or guardian of the pupil.
2-43 A law enforcement agency or district attorney may:
3-1 (a) Upon request of a parent or guardian of a pupil, investigate
3-2 the denial of rights of the pupil pursuant to NRS 388.521 to
3-3 388.5315, inclusive; and
3-4 (b) Upon consent of a parent or guardian of a pupil, receive a
3-5 copy of the notice of denial of rights of the pupil.
3-6 2. If the board of trustees of a school district receives notice of
3-7 a denial of rights pursuant to subsection 1, it shall cause a full report
3-8 to be prepared which must set forth in detail the factual
3-9 circumstances surrounding the denial. A copy of the report must be
3-10 provided to the Department.
3-11 3. The Department:
3-12 (a) Shall receive reports made pursuant to subsection 2;
3-13 (b) May investigate apparent violations of the rights of pupils
3-14 with disabilities; and
3-15 (c) May act to resolve disputes relating to apparent violations.
3-16 Sec. 3. NRS 391.165 is hereby amended to read as follows:
3-17 391.165 1. Except as otherwise provided in [subsection 3 of]
3-18 this section and except as otherwise required as a result of NRS
3-19 286.537, the board of trustees of a school district shall pay the cost
3-20 for a licensed teacher to purchase one-fifth of a year of service
3-21 pursuant to subsection 2 of NRS 286.300 if:
3-22 (a) The teacher is a member of the Public Employees’
3-23 Retirement System ; [and has at least 5 years of service;]
3-24 (b) The teacher has been employed as a licensed teacher [in this
3-25 state] for at least 5 [consecutive] school years ; [, regardless of
3-26 whether the employment was with one or more school districts in
3-27 this state;]
3-28 (c) Each evaluation of the teacher [conducted pursuant to NRS
3-29 391.3125] is at least satisfactory for the years of employment
3-30 required by paragraph (b); and
3-31 (d) In addition to the years of employment required by
3-32 paragraph (b), the teacher has been employed as a licensed teacher
3-33 for 1 school year at a school within the school district which, for
3-34 that school year, carries the designation of demonstrating need for
3-35 improvement pursuant to NRS 385.367.
3-36 2. Except as otherwise provided in [subsection 3,] this section,
3-37 the board of trustees of a school district shall pay the cost for a
3-38 licensed teacher to purchase one-fifth of a year of service pursuant
3-39 to subsection 2 of NRS 286.300 if:
3-42 (b) The teacher has been employed as a licensed teacher for at
3-43 least 5 school years;
3-44 (c) Each evaluation of the teacher is at least satisfactory for
3-45 the years of employment required by paragraph (b); and
4-1 (d) In addition to the years of employment required by
4-2 paragraph (b), the teacher has been employed as a licensed
4-3 teacher for 1 school year at a school within the school district
4-4 where, for that school year, at least 65 percent of the pupils who
4-5 are enrolled in the school are children who are at-risk.
4-6 3. Except as otherwise provided in subsection 4, the board of
4-7 trustees of a school district shall pay the cost for a licensed teacher
4-8 to purchase:
4-9 (a) One-fifth of a year of service for each year that a teacher is
4-10 employed as a teacher at a school within the school district that is
4-11 described in paragraph (d) of subsection 1[.
4-12 3.] ; or
4-13 (b) One-fifth of a year of service for each year that a teacher is
4-14 employed as a teacher at a school within the school district that is
4-15 described in paragraph (d) of subsection 2.
4-16 If, in 1 school year, a teacher satisfies the criteria set forth in both
4-17 subsections 1 and 2, the school district in which the teacher is
4-18 employed shall, for that school year, pay the cost for the teacher to
4-19 purchase one-fifth of a year of service pursuant to subsection 2 of
4-20 NRS 286.300.
4-21 4. In no event may the years of service purchased by a licensed
4-22 teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.
4-23 [4.] 5. The board of trustees of a school district shall not:
4-24 (a) Assign or reassign a licensed teacher to circumvent the
4-25 requirements of this section.
4-26 (b) Include[,] as part of a teacher’s salary[,] the costs of paying
4-27 the teacher to purchase service pursuant to this section.
4-28 [5.] 6. As used in this section[, “service”] :
4-29 (a) A child is “at-risk” if he is eligible for free and reduced-
4-30 price lunches pursuant to 42 U.S.C. §§ 1751 et seq.
4-31 (b) “Service” has the meaning ascribed to it in NRS 286.078.
4-32 Sec. 4. NRS 392.029 is hereby amended to read as follows:
4-33 392.029 1. If a parent or legal guardian of a pupil requests
4-34 the education records of the pupil, a public school shall comply with
4-35 the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
4-36 2. If a parent or legal guardian of a pupil reviews the education
4-37 records of the pupil and requests an amendment or other change to
4-38 the education records, a public school shall comply with the
4-39 provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
4-40 3. [Except as otherwise provided in 20 U.S.C. § 1232g(b), a] A
4-41 public school shall not release the education records of a pupil to a
4-42 person, agency or organization without the written consent of the
4-43 parent or legal guardian of the pupil[.] , except for a release of
4-44 education records without consent:
5-1 (a) To a juvenile probation officer, law enforcement officer or
5-2 district attorney who is conducting an investigation of truancy
5-3 pursuant to chapter 62 or 392 of NRS;
5-4 (b) To a juvenile probation officer, law enforcement officer or
5-5 district attorney who is conducting an investigation of a threat
5-6 pursuant to NRS 392.915;
5-7 (c) To a juvenile probation officer conducting a preliminary
5-8 inquiry pursuant to NRS 62.128; or
5-9 (d) As otherwise authorized by 20 U.S.C. § 1232g(b).
5-10 Upon receipt of information pursuant to this subsection, a person
5-11 receiving the information shall certify in writing to the public
5-12 school that the information received will not be disclosed to any
5-13 other person except as otherwise provided by state law without the
5-14 prior consent of the parent or guardian of the pupil.
5-15 4. If a public school administers a program which includes a
5-16 survey, analysis or evaluation that is designed to elicit the
5-17 information described in 20 U.S.C. § 1232h, it must comply with
5-18 the provisions of that section.
5-19 5. A right accorded to a parent or legal guardian of a pupil
5-20 pursuant to the provisions of this section devolves upon the pupil on
5-21 the date on which he attains the age of 18 years.
5-22 6. A public school shall, at least annually, provide to each pupil
5-23 who is at least 18 years of age and to a parent or legal guardian of
5-24 each pupil who is not at least 18 years of age, written notice of his
5-25 rights pursuant to this section.
5-26 7. The provisions of this section:
5-27 (a) Are intended to ensure that each public school complies with
5-28 the provisions of 20 U.S.C. §§ 1232g and 1232h;
5-29 (b) Must, to the extent possible, be construed in a manner that is
5-30 consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations
5-31 adopted pursuant thereto;
5-32 (c) Apply to a public school regardless of whether the school
5-33 receives money from the Federal Government; and
5-34 (d) Do not impair any right, obligation or prohibition established
5-35 pursuant to [chapter] chapters 62 and 432B of NRS.
5-36 8. The State Board may adopt such regulations as are necessary
5-37 to ensure that public schools comply with the provisions of this
5-38 section.
5-39 9. A public school or an employee of a public school who, in
5-40 good faith, releases or fails to release education records pursuant
5-41 to subsection 3 is immune from civil or criminal liability for
5-42 releasing or failing to release education records pursuant to
5-43 subsection 3 unless the public school or employee of the public
5-44 school acted with gross negligence.
6-1 10. As used in this section, unless the context otherwise
6-2 requires, “education records” has the meaning ascribed to it in 20
6-3 U.S.C. § 1232g(a)(4).
6-4 Sec. 5. Chapter 394 of NRS is hereby amended by adding
6-5 thereto a new section to read as follows:
6-6 1. It is unlawful for a person knowingly to use or attempt to
6-7 use a false or misleading educational credential in connection
6-8 with any education, business, employment, occupation, profession,
6-9 trade or public office.
6-10 2. For the purposes of this section, an educational credential
6-11 is false or misleading if it:
6-12 (a) States or suggests that the person named in the credential
6-13 has completed the requirements of an academic or professional
6-14 program of study in a particular field of endeavor beyond the
6-15 secondary school level and the person has not, in fact, completed
6-16 the requirements of the program of study;
6-17 (b) Is offered as his own by a person other than the person
6-18 who completed the requirements of the program of study; or
6-19 (c) Is given in violation of NRS 394.630.
6-20 Sec. 6. NRS 394.125 is hereby amended to read as follows:
6-21 394.125 It is the policy of this state to encourage and enable its
6-22 [citizens] residents to receive an education commensurate with their
6-23 respective talents and desires. The Legislature recognizes that
6-24 privately owned institutions offering elementary, secondary and
6-25 postsecondary education and vocational and professional instruction
6-26 perform a necessary service to the [citizens] residents of this state. It
6-27 is the purpose of this chapter to provide for the protection, education
6-28 and welfare of the [citizens] residents of the State of Nevada, its
6-29 educational, vocational and professional institutions, and its
6-30 students, by:
6-31 1. Establishing minimum standards concerning quality of
6-32 education, ethical and business practices, health and safety, and
6-33 fiscal responsibility, to protect against substandard, transient,
6-34 unethical, deceptive or fraudulent institutions and practices;
6-35 2. Prohibiting the granting or use of false or misleading
6-36 educational credentials;
6-37 3. Regulating the use of academic terminology in naming or
6-38 otherwise designating educational institutions;
6-39 4. Prohibiting misleading literature, advertising, solicitation or
6-40 representation by educational institutions or their agents;
6-41 5. Providing for the preservation of essential academic records;
6-42 and
6-43 6. Providing certain rights and remedies to the consuming
6-44 public and the Commission and the Board necessary to effectuate
6-45 the purposes of this chapter.
7-1 Sec. 7. NRS 394.620 is hereby amended to read as follows:
7-2 394.620 As used in NRS 394.620 to 394.670, inclusive[:] ,
7-3 and section 5 of this act:
7-4 1. “Degree” means any statement, diploma, certificate or other
7-5 writing in any language which indicates or represents, or which is
7-6 intended to indicate or represent, that the person named thereon is
7-7 learned in or has satisfactorily completed the requirements of an
7-8 academic or professional program of study in a particular field of
7-9 endeavor beyond the secondary school level as a result of formal
7-10 preparation or training.
7-11 2. “Honorary degree” means any statement, diploma,
7-12 certificate or other writing in any language which indicates or
7-13 represents, or which is intended to indicate or represent, that the
7-14 person named thereon is learned in any field of public service or has
7-15 performed outstanding public service or that the person named
7-16 thereon has demonstrated proficiency in a field of endeavor without
7-17 having completed formal courses of instruction or study or formal
7-18 preparation or training.
7-19 Sec. 8. NRS 394.650 is hereby amended to read as follows:
7-20 394.650 Any person, including, without limitation, any firm,
7-21 partnership, corporation, association or [any] other organization ,
7-22 which violates any [of the provisions] provision of NRS 394.620 to
7-23 394.640, inclusive, and section 5 of this act, is liable for a civil
7-24 penalty not to exceed $2,500 for each violation, which [shall] may
7-25 be recovered in a civil action[,] brought in the name of the State of
7-26 Nevada by the Attorney General or by any district attorney in a
7-27 court of competent jurisdiction. As used in this section, “each
7-28 violation” includes, as a single violation, a continuous or repetitive
7-29 violation arising out of the same act.
7-30 Sec. 9. NRS 394.660 is hereby amended to read as follows:
7-31 394.660 The Attorney General or any district attorney may
7-32 bring an action in any court of competent jurisdiction, either as a
7-33 part of any action brought pursuant to NRS 394.650 or as a separate
7-34 action, to enjoin [any] a violation of [the provisions] any provision
7-35 of NRS 394.620 to 394.640, inclusive[.] , and section 5 of this act.
7-36 Sec. 10. NRS 394.670 is hereby amended to read as follows:
7-37 394.670 Every person who violates any [of the provisions]
7-38 provision of NRS 394.620 to 394.640, inclusive, and section 5 of
7-39 this act is guilty of a gross misdemeanor. Each day’s violation is a
7-40 separate offense.
7-41 Sec. 11. Chapter 62 of NRS is hereby amended by adding
7-42 thereto a new section to read as follows:
7-43 1. A juvenile probation officer may inspect the education
7-44 records of a child, including, without limitation, records of
7-45 discipline maintained by a school, to conduct a preliminary
8-1 inquiry pursuant to NRS 62.128 when a juvenile probation officer
8-2 receives a complaint that the child:
8-3 (a) Has committed a delinquent offense; or
8-4 (b) Is in need of supervision.
8-5 2. Upon receipt of information pursuant to this section, a
8-6 juvenile probation officer shall certify in writing to the school that
8-7 the information received will not be disclosed to any other person
8-8 except as otherwise provided by state law without the prior written
8-9 consent of the parent or guardian of the child.
8-10 3. As used in this section “education records” has the
8-11 meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).
8-12 Sec. 12. NRS 205.420 is hereby amended to read as follows:
8-13 205.420 Every person who [shall conduct] conducts any
8-14 business or [perform] performs any act under color of, or [file] files
8-15 for record with any public officer, any false or fraudulent permit,
8-16 license [, diploma] or writing, or any permit, license [, diploma] or
8-17 writing not lawfully belonging to [such] that person, or who [shall
8-18 obtain] obtains any permit, license, diploma or writing by color or
8-19 aid of any false representation, pretense, personation, token or
8-20 writing, [shall be] is guilty of a gross misdemeanor.
8-21 Sec. 13. 1. There is hereby appropriated from the State
8-22 General Fund to the Department of Education the following sums
8-23 for grants of money to school districts that adopt a program of
8-24 enhanced compensation for certain teachers:
8-25 For the Fiscal Year 2003-2004$9,000,000
8-26 For the Fiscal Year 2004-2005$9,000,000
8-27 2. To receive a grant of money, the board of trustees of a
8-28 school district must submit an application to the Department of
8-29 Education that:
8-30 (a) Sets forth a program adopted by the school district in
8-31 accordance with subsection 3 to provide enhanced compensation for
8-32 certain teachers, which must include one or more of the following
8-33 components:
8-34 (1) Skills-based pay pursuant to which teachers develop
8-35 certain skills verified through licensure, certification or some other
8-36 method.
8-37 (2) A “career ladder” program, pursuant to which teachers
8-38 who perform at or above specified standards receive an increase in
8-39 compensation. Each step requires additional growth, professional
8-40 development, expertise and additional responsibilities, including,
8-41 without limitation, mentoring.
8-42 (3) Market-based pay, pursuant to which one-time bonuses
8-43 are paid to retain teachers who provide instruction in high-need
8-44 subject areas such as mathematics, science and special education
8-45 and to retain teachers who teach in at-risk schools.
9-1 (b) Includes the amount of money necessary to pay the enhanced
9-2 compensation pursuant to the program.
9-3 (c) Includes the number of teachers who are estimated to be
9-4 eligible for enhanced compensation pursuant to the program.
9-5 (d) School-based or group-based incentives that award
9-6 improvements in various measures of performance that are
9-7 established at the school level.
9-8 3. If a school district has entered into a collective bargaining
9-9 agreement pursuant to chapter 288 of NRS that governs the
9-10 employment of the licensed teachers employed by the school
9-11 district, the school district shall negotiate with the bargaining agent
9-12 for the licensed employees of the school district regarding the
9-13 components of the proposed program of enhanced compensation.
9-14 4. To the extent money is available from the appropriation
9-15 made by subsection 1, the Department of Education shall provide
9-16 grants of money to school districts with approved applications based
9-17 upon the amount of money that is necessary to carry out each
9-18 program of enhanced compensation. If an insufficient amount of
9-19 money is available to pay for each program, the money from the
9-20 appropriation must be distributed pro rata based upon the number of
9-21 teachers who are estimated to be eligible to participate in the
9-22 program in each school district with an approved application.
9-23 5. Any balance of the sums appropriated by subsection 1
9-24 remaining at the end of the respective fiscal years must not be
9-25 committed for expenditure after June 30 of the respective fiscal
9-26 years and reverts to the State General Fund as soon as all payments
9-27 of money committed have been made.
9-28 Sec. 14. The provisions of NRS 354.599 do not apply to any
9-29 additional expenses of a local government that are related to the
9-30 provisions of this act.
9-31 Sec. 15. This act becomes effective on July 1, 2003.
9-32 H