Senate Bill No. 254–Senators Cegavske, O’Connell, Washington, Hardy, Amodei, McGinness, Nolan and Tiffany

 

March 10, 2003

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Joint Sponsors: Assemblymen Knecht, Gustavson, Beers, Christensen, Geddes, Gibbons, Goicoechea, Hardy, Hettrick, Mabey, Marvel and Sherer

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Authorizes parents of certain pupils to choose which public school pupils will attend. (BDR 34‑891)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; authorizing the parents and guardians of certain pupils to choose which public schools the pupils will attend; requiring the board of trustees of each school district to submit to the Legislature and the Legislative Committee on Education a report concerning restrictions on class size and the expansion of enrollment of pupils in certain schools; 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 388.040 is hereby amended to read as follows:

1-2  388.040  1.  Except as otherwise provided in subsection 2, the

1-3  board of trustees of a school district that includes more than one

1-4  school which offers instruction in the same grade or grades may

1-5  zone the school district and determine which pupils shall attend each

1-6  school.

2-1  2.  The establishment of zones pursuant to subsection 1 does

2-2  not preclude a pupil from attending a [charter school.] :

2-3  (a) Charter school; or

2-4  (b) Public school outside the zone of attendance that the pupil

2-5  is otherwise required to attend if the board of trustees of a school

2-6  district approves an application for the pupil to attend another

2-7  public school pursuant to section 2 of this act.

2-8  Sec. 2.  Chapter 392 of NRS is hereby amended by adding

2-9  thereto a new section to read as follows:

2-10      1.  Except as otherwise provided in subsection 7, the parents,

2-11  legal guardian or custodial parent of a pupil may submit an

2-12  application for the pupil to attend a public school that is located:

2-13      (a) Within the county in which the pupil resides but outside the

2-14  zone of attendance established pursuant to NRS 388.040 that the

2-15  pupil is required to attend; or

2-16      (b) In another school district in this state.

2-17      2.  An application for enrollment in a public school pursuant

2-18  to this section must be submitted to the board of trustees of the

2-19  school district that the pupil wishes to attend on a form provided

2-20  by the board of trustees. The board of trustees of each school

2-21  district shall prescribe the deadline for the submission of

2-22  applications, which must not be sooner than 3 months before the

2-23  commencement of a school year.

2-24      3.  The board of trustees of a school district shall not act on

2-25  an application that has been submitted until after the deadline for

2-26  the submission of applications. Except as otherwise provided in

2-27  this subsection, the board of trustees of a school district shall

2-28  approve all applications that are submitted. If the board of trustees

2-29  of a school district determines that a public school within the

2-30  school district does not have sufficient resources to accommodate

2-31  the total number of pupils who submitted applications for that

2-32  school, including, without limitation, a sufficient number of

2-33  classrooms or personnel, the board of trustees of the school

2-34  district shall hold a meeting in accordance with chapter 241 of

2-35  NRS to select randomly which applications will be approved. The

2-36  board of trustees of the school district shall ensure that the

2-37  random selection of applications occurs in such a manner that

2-38  every application which has been submitted for a particular school

2-39  is given an equal opportunity to be included in the selection.

2-40      4.  If the board of trustees of a school district approves an

2-41  application, the board of trustees shall provide written notice of

2-42  the approval to:

2-43      (a) The person who submitted the application on behalf of the

2-44  pupil;

3-1  (b) The public school that the pupil would otherwise be

3-2  required to attend;

3-3  (c) The public school that the pupil will attend; and

3-4  (d) The board of trustees of the school district in which the

3-5  pupil resides, if the pupil will be attending a public school in

3-6  another county.

3-7  5.  A pupil may remain in the public school for succeeding

3-8  school years without submitting an application pursuant to this

3-9  section if space for the pupil is available. If space for the pupil is

3-10  not available in that public school, he may return to the public

3-11  school that he is otherwise required to attend or submit an

3-12  application pursuant to this section to attend another public

3-13  school.

3-14      6.  If a pupil attends a public school pursuant to this section:

3-15      (a) The pupil must be included in the count of pupils in the

3-16  school district in which the pupil attends school for the purposes

3-17  of apportionments and allowances from the State Distributive

3-18  School Account pursuant to NRS 387.121 to 387.126, inclusive.

3-19      (b) The pupil may return to the public school that he is

3-20  otherwise required to attend if the parents, legal guardian or

3-21  custodial parent of the pupil provide written notice of that desire to

3-22  the board of trustees of the school district in which the pupil

3-23  resides. If a pupil attends a public school outside the county in

3-24  which the pupil resides and he returns to the public school that he

3-25  is otherwise required to attend during the school year, appropriate

3-26  adjustments must be made for that school year in the computation

3-27  of apportionments and allowances from the State Distributive

3-28  School Account for the two school districts.

3-29      (c) Neither the board of trustees of the school district in which

3-30  the pupil attends school nor the board of trustees of the school

3-31  district in which the pupil resides is required to provide

3-32  transportation for the pupil to attend the public school.

3-33      7.  The provisions of this section do not apply:

3-34      (a) For enrollment in a charter school.

3-35      (b) To a pupil who is enrolled in a public school for which the

3-36  board of trustees of the school district is required to provide school

3-37  choice pursuant to the No Child Left Behind Act of 2001, 20

3-38  U.S.C. §§ 6301 et. seq.

3-39      (c) For enrollment in a program of distance education

3-40  pursuant to NRS 388.820 to 388.874, inclusive.

3-41      (d) For enrollment in a public school pursuant to

3-42  NRS 392.015.

3-43      (e) To a pupil who is ineligible to attend a public school

3-44  pursuant to NRS 392.264 or 392.4675.

 

4-1  Sec. 3.   NRS 392.010 is hereby amended to read as follows:

4-2  392.010  Except as to the attendance of a pupil pursuant to NRS

4-3  388.820 to 388.874, inclusive, or 392.015[,] and section 2 of this

4-4  act, or a pupil who is ineligible for attendance pursuant to NRS

4-5  392.4675 and except as otherwise provided in NRS 392.264 and

4-6  392.268:

4-7  1.  The board of trustees of any school district may, with the

4-8  approval of the Superintendent of Public Instruction:

4-9  (a) Admit to the school or schools of the school district any

4-10  pupil or pupils living in an adjoining school district within this state

4-11  or in an adjoining state when the school district of residence in the

4-12  adjoining state adjoins the receiving Nevada school district; or

4-13      (b) Pay tuition for pupils residing in the school district but who

4-14  attend school in an adjoining school district within this state or in an

4-15  adjoining state when the receiving district in the adjoining state

4-16  adjoins the school district of Nevada residence.

4-17      2.  With the approval of the Superintendent of Public

4-18  Instruction, the board of trustees of the school district in which the

4-19  pupil or pupils reside and the board of trustees of the school district

4-20  in which the pupil or pupils attend school shall enter into an

4-21  agreement providing for the payment of such tuition as may be

4-22  agreed upon, but transportation costs must be paid by the board of

4-23  trustees of the school district in which the pupil or pupils reside:

4-24      (a) If any are incurred in transporting a pupil or pupils to an

4-25  adjoining school district within the State; and

4-26      (b) If any are incurred in transporting a pupil or pupils to an

4-27  adjoining state, as provided by the agreement.

4-28      3.  In addition to the provisions for the payment of tuition and

4-29  transportation costs for pupils admitted to an adjoining school

4-30  district as provided in subsection 2, the agreement may contain

4-31  provisions for the payment of reasonable amounts of money to

4-32  defray the cost of operation, maintenance and depreciation of capital

4-33  improvements which can be allocated to such pupils.

4-34      Sec. 4.  1.  The board of trustees of each school district shall

4-35  prepare a written report concerning the requirements of pupil-

4-36  teacher ratios and class size, other than those specifically required

4-37  by statute, imposed for the schools within the district that are

4-38  referred to as magnet schools and other schools that are designed to

4-39  serve the special talents and academic abilities of pupils. The report

4-40  must include a plan developed by the board of trustees to revise any

4-41  restrictions on pupil-teacher ratios and class size, other than those

4-42  specifically required by statute, to expand the enrollment of pupils

4-43  pursuant to section 2 of this act in magnet schools and other schools

4-44  designed to serve the special talents and academic abilities of pupils.

5-1  2.  The board of trustees of each school district shall submit the

5-2  report required pursuant to subsection 1:

5-3  (a) On or before February 2, 2004, to the Legislative Committee

5-4  on Education created pursuant to NRS 218.5352. Based upon the

5-5  reports, the Committee may make recommendations for legislation

5-6  as it considers necessary.

5-7  (b) On or before January 1, 2005, to the Director of the

5-8  Legislative Counsel Bureau for transmission to the 73rd Session of

5-9  the Nevada Legislature.

5-10      Sec. 5.  1.  This section and section 4 of this act become

5-11  effective on July 1, 2003.

5-12      2.  Sections 1, 2 and 3 of this act become effective on

5-13  January 1, 2004.

 

5-14  H