Senate Bill No. 33–Committee on Human
Resources and Facilities

 

(On Behalf of the Legislative Committee on
Education (NRS 218.5352))

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions governing charter schools and distance education programs. (BDR 34‑642)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to education; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; requiring certain applicants for employment with a charter school to submit fingerprints as a condition to employment; prohibiting the governing body of a charter school from employing certain nonlicensed persons under certain circumstances; revising provisions governing the apportionments made to a charter school sponsored by the State Board of Education; revising provisions governing programs of distance education; requiring the Central Repository for Nevada Records of Criminal History to investigate the criminal history of applicants for employment with a charter school; 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 385.368 is hereby amended to read as follows:

1-2  385.368  1.  If the Department does not designate a school

1-3  pursuant to NRS 385.364 and, in the immediately succeeding school

2-1  year, less than 90 percent of the pupils enrolled in the school who

2-2  are required to take the examinations administered pursuant to NRS

2-3  389.015 take the examinations, the Department shall designate the

2-4  school as demonstrating need for improvement and the provisions of

2-5  NRS 385.373 apply.

2-6  2.  If the Department designates a school as demonstrating need

2-7  for improvement pursuant to subsection 1:

2-8  (a) The school shall, within the same school year, administer

2-9  examinations to the pupils in the school who are enrolled in a grade

2-10  that is required to take the examinations pursuant to NRS 389.015.

2-11  The examinations must be the same examinations that are

2-12  administered to a national reference group of pupils in the same

2-13  grade. [The] Except as otherwise provided in this paragraph, the

2-14  school district shall pay for all costs related to the administration of

2-15  examinations pursuant to this paragraph. If a charter school is

2-16  required to administer examinations pursuant to this paragraph,

2-17  the charter school shall pay for all costs related to the

2-18  administration of the examinations to pupils enrolled in the

2-19  charter school.

2-20      (b) The Department or its designee shall monitor at the school

2-21  the administration of the examinations that are required pursuant to

2-22  NRS 389.015 and ensure that all eligible pupils who are in

2-23  attendance on the day of the administration of the examinations are

2-24  given an opportunity to take the examinations until the school

2-25  receives a designation as demonstrating exemplary achievement,

2-26  high achievement or adequate achievement pursuant to

2-27  NRS 385.365.

2-28      3.  A school that is designated as demonstrating need for

2-29  improvement pursuant to subsection 1 is not eligible to receive

2-30  money for remedial programs made available by legislative

2-31  appropriation for the purposes of NRS 385.389.

2-32      4.  If the Department designates a school as demonstrating need

2-33  for improvement pursuant to subsection 1 for 2 or more consecutive

2-34  years, the provisions of NRS 385.375 and 385.378 apply.

2-35      Sec. 2.  Chapter 386 of NRS is hereby amended by adding

2-36  thereto a new section to read as follows:

2-37      1.  Each applicant for employment with a charter school,

2-38  except a licensed teacher or other person licensed by the

2-39  Superintendent of Public Instruction, must, as a condition to

2-40  employment, submit to the governing body of the charter school a

2-41  complete set of his fingerprints and written permission authorizing

2-42  the governing body to forward the fingerprints to the Central

2-43  Repository for Nevada Records of Criminal History for its report

2-44  on the criminal history of the applicant and for submission to the

3-1  Federal Bureau of Investigation for its report on the criminal

3-2  history of the applicant.

3-3  2.  If the reports on the criminal history of an applicant

3-4  indicate that the applicant has not been convicted of a felony or an

3-5  offense involving moral turpitude, the governing body of the

3-6  charter school may employ the applicant.

3-7  3.  If a report on the criminal history of an applicant indicates

3-8  that the applicant has been convicted of a felony or an offense

3-9  involving moral turpitude and the governing body of the charter

3-10  school does not disqualify the applicant from further

3-11  consideration of employment on the basis of that report, the

3-12  governing body shall, upon the written authorization of the

3-13  applicant, forward a copy of the report to the Superintendent of

3-14  Public Instruction. If the applicant refuses to provide his written

3-15  authorization to forward a copy of the report pursuant to this

3-16  subsection, the charter school shall not employ the applicant.

3-17      4.  The Superintendent of Public Instruction, or his designee,

3-18  shall promptly review the report to determine whether the

3-19  conviction of the applicant is related or unrelated to the position

3-20  with the charter school for which the applicant has applied. If the

3-21  applicant desires employment with the charter school, he shall,

3-22  upon the request of the Superintendent of Public Instruction, or

3-23  his designee, provide any further information that the

3-24  Superintendent or his designee determines is necessary to make

3-25  the determination. If the governing body of the charter school

3-26  desires to employ the applicant, the governing body shall, upon the

3-27  request of the Superintendent of Public Instruction, or his

3-28  designee, provide any further information that the Superintendent

3-29  or his designee determines is necessary to make the determination.

3-30  The Superintendent of Public Instruction, or his designee, shall

3-31  provide written notice of the determination to the applicant and to

3-32  the governing body of the charter school.

3-33      5.  If the Superintendent of Public Instruction, or his

3-34  designee, determines that the conviction of the applicant is related

3-35  to the position with the charter school for which the applicant has

3-36  applied, the governing body of the charter school shall not employ

3-37  the applicant. If the Superintendent of Public Instruction, or his

3-38  designee, determines that the conviction of the applicant is

3-39  unrelated to the position with the charter school for which the

3-40  applicant has applied, the governing body of the charter school

3-41  may employ the applicant for that position.

3-42      Sec. 3.  NRS 386.590 is hereby amended to read as follows:

3-43      386.590  1.  Except as otherwise provided in this subsection,

3-44  at least 70 percent of the teachers who provide instruction at a

3-45  charter school must be licensed teachers. If a charter school is a

4-1  vocational school, the charter school shall, to the extent practicable,

4-2  ensure that at least 70 percent of the teachers who provide

4-3  instruction at the school are licensed teachers, but in no event may

4-4  more than 50 percent of the teachers who provide instruction at the

4-5  school be unlicensed teachers.

4-6  2.  A governing body of a charter school shall employ:

4-7  (a) If the charter school offers instruction in kindergarten or

4-8  grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are

4-9  enrolled in those grades.

4-10      (b) If the charter school offers instruction in grade 6, 7, 8, 9, 10,

4-11  11 or 12, a licensed teacher to teach pupils who are enrolled in those

4-12  grades for the following courses of study:

4-13          (1) English, including reading, composition and writing;

4-14          (2) Mathematics;

4-15          (3) Science; and

4-16          (4) Social studies, which includes only the subjects of

4-17  history, geography, economics and government.

4-18      (c) In addition to the requirements of paragraphs (a) and (b):

4-19          (1) If a charter school specializes in arts and humanities,

4-20  physical education or health education, a licensed teacher to teach

4-21  those courses of study.

4-22          (2) If a charter school specializes in the construction industry

4-23  or other building industry, licensed teachers to teach courses of

4-24  study relating to the industry if those teachers are employed full

4-25  time.

4-26          (3) If a charter school specializes in the construction industry

4-27  or other building industry and the school offers courses of study in

4-28  computer education, technology or business, licensed teachers to

4-29  teach those courses of study if those teachers are employed full

4-30  time.

4-31      3.  [A]Except as otherwise provided in section 2 of this act, a

4-32  charter school may employ a person who is not licensed pursuant to

4-33  the provisions of chapter 391 of NRS to teach a course of study for

4-34  which a licensed teacher is not required pursuant to subsection 2 if

4-35  the person has:

4-36      (a) A degree, a license or a certificate in the field for which he is

4-37  employed to teach at the charter school; and

4-38      (b) At least 2 years of experience in that field.

4-39      4.  [A]Except as otherwise provided in section 2 of this act, a

4-40  charter school may employ such administrators for the school as it

4-41  deems necessary. A person employed as an administrator must

4-42  possess:

4-43      (a) A master’s degree in school administration, public

4-44  administration or business administration; or

5-1  (b) If the person has at least 5 years of experience in

5-2  administration, a baccalaureate degree.

5-3  5.  A charter school shall not employ a person pursuant to this

5-4  section if his license to teach or provide other educational services

5-5  has been revoked or suspended in this state or another state.

5-6  6.  On or before November 15 of each year, a charter school

5-7  shall submit to the Department, in a format prescribed by the

5-8  Superintendent of Public Instruction, the following information for

5-9  each licensed employee who is employed by the governing body on

5-10  October 1 of that year:

5-11      (a) The amount of salary of the employee; and

5-12      (b) The designated assignment, as that term is defined by the

5-13  Department, of the employee.

5-14      Sec. 4.  NRS 387.124 is hereby amended to read as follows:

5-15      387.124  Except as otherwise provided in this section and

5-16  NRS 387.528:

5-17      1.  On or before August 1, November 1, February 1 and May 1

5-18  of each year, the Superintendent of Public Instruction shall

5-19  apportion the State Distributive School Account in the State General

5-20  Fund among the several county school districts and charter schools

5-21  in amounts approximating one-fourth of their respective yearly

5-22  apportionments less any amount set aside as a reserve. The

5-23  apportionment to a school district, computed on a yearly basis,

5-24  equals the difference between the basic support and the local funds

5-25  available pursuant to NRS 387.1235, minus all the funds attributable

5-26  to pupils who reside in the county but attend a charter school and all

5-27  the funds attributable to pupils who reside in the county and are

5-28  enrolled full time or part time in a program of distance education

5-29  provided by another school district or a charter school. No

5-30  apportionment may be made to a school district if the amount of the

5-31  local funds exceeds the amount of basic support. If an agreement is

5-32  not filed for a pupil who is enrolled in a program of distance

5-33  education as required by NRS 388.854, the Superintendent of Public

5-34  Instruction shall not apportion money for that pupil to the board of

5-35  trustees of the school district in which the pupil resides, or the board

5-36  of trustees or governing body that provides the program of distance

5-37  education.

5-38      2.  Except as otherwise provided in subsection 3, the

5-39  apportionment to a charter school, computed on a yearly basis, is

5-40  equal to the sum of the basic support per pupil in the county in

5-41  which the pupil resides plus the amount of local funds available per

5-42  pupil pursuant to NRS 387.1235 and all other funds available for

5-43  public schools in the county in which the pupil resides minus all the

5-44  funds attributable to pupils who are enrolled in the charter school

5-45  but are concurrently enrolled part time in a program of distance

6-1  education provided by a school district or another charter school. If

6-2  the apportionment per pupil to a charter school is more than the

6-3  amount to be apportioned to the school district in which a pupil who

6-4  is enrolled in the charter school resides, the school district in which

6-5  the pupil resides shall pay the difference directly to the charter

6-6  school.

6-7  3.  Except as otherwise provided in this subsection, the

6-8  apportionment to a charter school that is sponsored by the State

6-9  Board, computed on a yearly basis, is equal to:

6-10      (a) The sum of the basic support per pupil in the county in

6-11  which the pupil resides plus the amount of local funds available per

6-12  pupil pursuant to NRS 387.1235 and all other funds available for

6-13  public schools in the county in which the pupil resides; or

6-14      (b) The statewide average per pupil amount for pupils who are

6-15  enrolled full time,

6-16  whichever is greater. If the calculation set forth in paragraph (a) is

6-17  less than the calculation pursuant to paragraph (b), the [school

6-18  district in which the charter school is located] Department shall pay

6-19  the difference directly to the charter school. If a charter school

6-20  provides a program of distance education pursuant to NRS 388.820

6-21  to 388.874, inclusive, the apportionment to the charter school for

6-22  pupils who are enrolled in the program of distance education must

6-23  be calculated as set forth in subsection 2 or 4, as applicable.

6-24      4.  In addition to the apportionments made pursuant to this

6-25  section, an apportionment must be made to a school district or

6-26  charter school that provides a program of distance education for

6-27  each pupil who is enrolled part time in the program if an agreement

6-28  is filed for that pupil pursuant to NRS 388.854 or 388.858, as

6-29  applicable. The amount of the apportionment must be equal to the

6-30  percentage of the total time services are provided to the pupil

6-31  through the program of distance education per school day in

6-32  proportion to the total time services are provided during a school

6-33  day to pupils who are counted pursuant to subparagraph (2) of

6-34  paragraph (a) of subsection 1 of NRS 387.1233 for the school

6-35  district in which the pupil resides.

6-36      5.  The governing body of a charter school may submit a

6-37  written request to the Superintendent of Public Instruction to

6-38  receive, in the first year of operation of the charter school, an

6-39  apportionment 30 days before the apportionment is required to be

6-40  made pursuant to subsection 1. Upon receipt of such a request, the

6-41  Superintendent of Public Instruction may make the apportionment

6-42  30 days before the apportionment is required to be made. A charter

6-43  school may receive all four apportionments in advance in its first

6-44  year of operation.

7-1  6.  If the State Controller finds that such an action is needed to

7-2  maintain the balance in the State General Fund at a level sufficient

7-3  to pay the other appropriations from it, he may pay out the

7-4  apportionments monthly, each approximately one-twelfth of the

7-5  yearly apportionment less any amount set aside as a reserve. If such

7-6  action is needed, the State Controller shall submit a report to the

7-7  Department of Administration and the Fiscal Analysis Division of

7-8  the Legislative Counsel Bureau documenting reasons for the action.

7-9  Sec. 5.  NRS 388.838 is hereby amended to read as follows:

7-10      388.838  1.  The board of trustees of a school district or the

7-11  governing body of a charter school may submit an application to the

7-12  Department to provide a program of distance education. In addition,

7-13  a committee to form a charter school may submit an application to

7-14  the Department to provide a program of distance education if the

7-15  application to form the charter school submitted by the committee

7-16  pursuant to NRS 386.520 indicates that the charter school intends

7-17  to provide a program of distance education.

7-18      2.  An applicant to provide a program of distance education

7-19  may seek approval to provide a program that is comprised of one or

7-20  more courses of distance education included on the list of courses

7-21  approved by the Department pursuant to NRS 388.834 or a program

7-22  that is comprised of one or more courses of distance education

7-23  which have not been reviewed by the Department before submission

7-24  of the application.

7-25      3.  An application to provide a program of distance education

7-26  must include:

7-27      (a) All the information prescribed by the State Board by

7-28  regulation.

7-29      (b) Except as otherwise provided in this paragraph, proof

7-30  satisfactory to the Department that the program satisfies all

7-31  applicable statutes and regulations. The proof required by this

7-32  paragraph shall be deemed satisfied if the program is comprised

7-33  only of courses of distance education approved by the Department

7-34  pursuant to NRS 388.834 before submission of the application.

7-35      4.  [The] Except as otherwise provided in this subsection, the

7-36  Department shall approve an application submitted pursuant to this

7-37  section if the application satisfies the requirements of NRS 388.820

7-38  to 388.874, inclusive, and all other applicable statutes and

7-39  regulations. The Department shall deny an application submitted

7-40  by a committee to form a charter school if the application to form

7-41  the charter school submitted by the committee has been denied.

7-42  The Department shall provide written notice to the applicant of the

7-43  Department’s approval or denial of the application.

7-44      5.  If the Department denies an application, the Department

7-45  shall include in the written notice the reasons for the denial and the

8-1  deficiencies of the application. The applicant must be granted 30

8-2  days after receipt of the written notice to correct any deficiencies

8-3  identified in the written notice and resubmit the application. The

8-4  Department shall approve an application that has been resubmitted

8-5  pursuant to this subsection if the application satisfies the

8-6  requirements of NRS 388.820 to 388.874, inclusive, and all other

8-7  applicable statutes and regulations.

8-8  Sec. 6.  NRS 388.854 is hereby amended to read as follows:

8-9  388.854  1.  Except as otherwise provided in this subsection,

8-10  before a pupil may enroll full time or part time in a program of

8-11  distance education that is provided by a school district other than the

8-12  school district in which the pupil resides, the pupil must obtain the

8-13  written permission of the board of trustees of the school district in

8-14  which the pupil resides. Before a pupil who is enrolled in a public

8-15  school of a school district may enroll part time in a program of

8-16  distance education that is provided by a charter school, the pupil

8-17  must obtain the written permission of the board of trustees of the

8-18  school district in which the pupil resides. A pupil who enrolls full

8-19  time in a program of distance education that is provided by a charter

8-20  school is not required to obtain the approval of the board of trustees

8-21  of the school district in which the pupil resides.

8-22      2.  If the board of trustees of a school district grants permission

8-23  pursuant to subsection 1, the board of trustees shall enter into a

8-24  written agreement with the board of trustees or governing body, as

8-25  applicable, that provides the program of distance education. A

8-26  separate agreement must be prepared for each year that a pupil

8-27  enrolls in a program of distance education. The written agreement

8-28  must:

8-29      (a) Contain a statement prepared by the board of trustees of the

8-30  school district in which the pupil resides indicating that the board of

8-31  trustees understands that the Superintendent of Public Instruction

8-32  will make appropriate adjustments in the apportionments to the

8-33  school district pursuant to NRS 387.124 to account for the pupil’s

8-34  enrollment in the program of distance education;

8-35      (b) If the pupil plans to enroll part time in the program of

8-36  distance education, contain a statement prepared by the board of

8-37  trustees of the school district in which the pupil resides and the

8-38  board of trustees or governing body that provides the program of

8-39  distance education setting forth the percentage of the total time

8-40  services will be provided to the pupil through the program of

8-41  distance education per school day in proportion to the total time

8-42  services are provided during a school day to pupils who are counted

8-43  pursuant to subparagraph (2) of paragraph (a) of subsection 1 of

8-44  NRS 387.1233 for the school district in which the pupil resides;

9-1  (c) Be signed by the board of trustees of the school district in

9-2  which the pupil resides and the board of trustees or governing body

9-3  that provides the program of distance education; and

9-4  (d) Include any other information required by the State Board by

9-5  regulation.

9-6  3.  On or before [September 1] the last day of the first school

9-7  month of each school year or [January] February 1 of each school

9-8  year, as applicable for the semester of enrollment, a written

9-9  agreement must be filed with the Superintendent of Public

9-10  Instruction for each pupil who is enrolled full time in a program of

9-11  distance education provided by a school district other than the

9-12  school district in which the pupil resides. On or before [September 1

9-13  or January]the last day of the first school month of each school

9-14  year or February 1 of each school year, as applicable for the

9-15  semester of enrollment, a written agreement must be filed with the

9-16  Superintendent of Public Instruction for each pupil who is enrolled

9-17  in a public school of the school district and who is enrolled part time

9-18  in a program of distance education provided by a charter school. If

9-19  an agreement is not filed for a pupil who is enrolled in a program of

9-20  distance education as required by this section, the Superintendent of

9-21  Public Instruction shall not apportion money for that pupil to the

9-22  board of trustees of the school district in which the pupil resides, or

9-23  the board of trustees or governing body that provides the program of

9-24  distance education.

9-25      Sec. 7.  NRS 388.858 is hereby amended to read as follows:

9-26      388.858  1.  If a pupil is enrolled in a charter school, he may

9-27  enroll full time in a program of distance education only if the charter

9-28  school in which he is enrolled provides the program of distance

9-29  education.

9-30      2.  Before a pupil who is enrolled in a charter school may enroll

9-31  part time in a program of distance education that is provided by a

9-32  school district or another charter school, the pupil must obtain the

9-33  written permission of the governing body of the charter school in

9-34  which the pupil is enrolled.

9-35      3.  If the governing body of a charter school grants permission

9-36  pursuant to subsection 2, the governing body shall enter into a

9-37  written agreement with the board of trustees or governing body, as

9-38  applicable, that provides the program of distance education. A

9-39  separate agreement must be prepared for each year that a pupil

9-40  enrolls in a program of distance education. The written agreement

9-41  must:

9-42      (a) Contain a statement prepared by the governing body of the

9-43  charter school in which the pupil is enrolled indicating that the

9-44  governing body understands that the Superintendent of Public

9-45  Instruction will make appropriate adjustments in the apportionments

10-1  to the charter school pursuant to NRS 387.124 to account for the

10-2  pupil’s enrollment in the program of distance education;

10-3      (b) Contain a statement prepared by the governing body of the

10-4  charter school in which the pupil is enrolled and the board of

10-5  trustees or governing body that provides the program of distance

10-6  education setting forth the percentage of the total time services will

10-7  be provided to the pupil through the program of distance education

10-8  per school day in proportion to the total time services are provided

10-9  during a school day to pupils who are counted pursuant to

10-10  subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233

10-11  for the school district in which the pupil resides;

10-12     (c) Be signed by the governing body of the charter school in

10-13  which the pupil is enrolled and the board of trustees or governing

10-14  body that provides the program of distance education; and

10-15     (d) Include any other information required by the State Board by

10-16  regulation.

10-17     4.  On or before [September 1 or January] the last day of the

10-18  first school month of each school year or February 1 of each

10-19  schoolyear, as applicable for the semester of enrollment, a written

10-20  agreement must be filed with the Superintendent of Public

10-21  Instruction for each pupil who is enrolled in a charter school and

10-22  who is enrolled part time in a program of distance education

10-23  provided by a school district or another charter school. If an

10-24  agreement is not filed for such a pupil, the Superintendent of Public

10-25  Instruction shall not apportion money for that pupil to the governing

10-26  body of the charter school in which the pupil is enrolled, or the

10-27  board of trustees or governing body that provides the program of

10-28  distance education.

10-29     Sec. 8.  NRS 388.866 is hereby amended to read as follows:

10-30     388.866  1.  The board of trustees of a school district or the

10-31  governing body of a charter school that provides a program of

10-32  distance education shall ensure that, for each course offered through

10-33  the program, a teacher:

10-34     (a) Provides the work assignments to each pupil enrolled in the

10-35  course that are necessary for the pupil to complete the course; and

10-36     (b) Meets or otherwise communicates with the pupil at least

10-37  once each week during the course to discuss the pupil’s progress.

10-38     2.  If a course offered through a program of distance education

10-39  is a core academic subject, as defined in NRS 389.018, the teacher

10-40  who fulfills the requirements of subsection 1 must be a [licensed

10-41  teacher.] :

10-42     (a) Licensed teacher; or

10-43     (b) Teacher, instructor or professor who provides instruction

10-44  at a community college or university.

 

11-1      Sec. 9.  NRS 388.874 is hereby amended to read as follows:

11-2      388.874  1.  The State Board shall adopt regulations that

11-3  prescribe:

11-4      (a) The process for submission of an application by a person or

11-5  entity for inclusion of a course of distance education on the list

11-6  prepared by the Department pursuant to NRS 388.834 and the

11-7  contents of the application;

11-8      (b) The process for submission of an application by the board of

11-9  trustees of a school district , [or] the governing body of a charter

11-10  school or a committee to form a charter school to provide a

11-11  program of distance education and the contents of the application;

11-12     (c) The qualifications and conditions for enrollment that a pupil

11-13  must satisfy to enroll in a program of distance education, consistent

11-14  with NRS 388.850;

11-15     (d) A method for reporting to the Department the number of

11-16  pupils who are enrolled in a program of distance education and the

11-17  attendance of those pupils;

11-18     (e) The requirements for assessing the achievement of pupils

11-19  who are enrolled in a program of distance education, which must

11-20  include, without limitation, the administration of the achievement

11-21  and proficiency examinations required pursuant to NRS 389.015 and

11-22  389.550; and

11-23     (f) A written description of the process pursuant to which the

11-24  State Board may revoke its approval for the operation of a program

11-25  of distance education.

11-26     2.  The State Board may adopt regulations as it determines are

11-27  necessary to carry out the provisions of NRS 388.820 to 388.874,

11-28  inclusive.

11-29     Sec. 10.  NRS 389.632 is hereby amended to read as follows:

11-30     389.632  1.  Except as otherwise provided in subsection 8, if

11-31  the Department determines:

11-32     (a) That at least one irregularity in testing administration

11-33  occurred at a school, including, without limitation, a charter school,

11-34  during 1 school year on the examinations administered pursuant to

11-35  NRS 389.015, excluding the high school proficiency examination;

11-36     (b) That in the immediately succeeding school year, at least one

11-37  additional irregularity in testing administration occurred at that

11-38  school on the examinations administered pursuant to NRS 389.015,

11-39  excluding the high school proficiency examination; and

11-40     (c) Based upon the criteria set forth in subsection 5, that the

11-41  irregularities described in paragraphs (a) and (b) warrant an

11-42  additional administration of the examinations,

11-43  the Department shall notify the school and the school district in

11-44  which the school is located that the school is required to provide for

11-45  an additional administration of the examinations to pupils who are

12-1  enrolled in a grade that is required to take the examinations pursuant

12-2  to NRS 389.015, excluding the high school proficiency

12-3  examination, or to the pupils the Department determines must take

12-4  the additional administration pursuant to subsection 6. The

12-5  additional administration must occur in the same school year in

12-6  which the irregularity described in paragraph (b) occurred. [The]

12-7  Except as otherwise provided in this subsection, the school district

12-8  shall pay for all costs related to the administration of examinations

12-9  pursuant to this subsection. If a charter school is required to

12-10  administer examinations pursuant to this subsection, the charter

12-11  school shall pay for all costs related to the administration of the

12-12  examinations to pupils enrolled in the charter school.

12-13     2.  If the Department determines that:

12-14     (a) At least one irregularity in testing administration occurred at

12-15  a school, including, without limitation, a charter school, during 1

12-16  school year on the examinations administered pursuant to

12-17  NRS 389.550;

12-18     (b) In the immediately succeeding school year, at least one

12-19  additional irregularity in testing administration occurred at that

12-20  school on the examinations administered pursuant to NRS 389.550;

12-21  and

12-22     (c) Based upon the criteria set forth in subsection 5, that the

12-23  irregularities described in paragraphs (a) and (b) warrant an

12-24  additional administration of the examinations,

12-25  the Department shall notify the school and the school district in

12-26  which the school is located that the school is required to provide for

12-27  an additional administration of the examinations to pupils who are

12-28  enrolled in a grade that is required to take the examinations pursuant

12-29  to NRS 389.550 or to the pupils the Department determines must

12-30  take the additional administration pursuant to subsection 6. The

12-31  additional administration must occur in the same school year in

12-32  which the irregularity described in paragraph (b) occurred. [The]

12-33  Except as otherwise provided in this subsection, the school district

12-34  shall pay for all costs related to the administration of examinations

12-35  pursuant to this subsection. If a charter school is required to

12-36  administer examinations pursuant to this subsection, the charter

12-37  school shall pay for all costs related to the administration of the

12-38  examinations to pupils enrolled in the charter school.

12-39     3.  If the Department determines that:

12-40     (a) At least one irregularity in testing administration occurred at

12-41  a school, including, without limitation, a charter school, during 1

12-42  school year on the examinations administered pursuant to NRS

12-43  389.015, excluding the high school proficiency examination;

12-44     (b) In the immediately succeeding school year, at least one

12-45  additional irregularity in testing administration occurred at that

13-1  school on the examinations administered pursuant to NRS 389.550;

13-2  and

13-3      (c) Based upon the criteria set forth in subsection 5, that the

13-4  irregularities described in paragraphs (a) and (b) warrant an

13-5  additional administration of the examinations,

13-6  the Department shall notify the school and the school district in

13-7  which the school is located that the school is required to provide for

13-8  an additional administration of the examinations to pupils who are

13-9  enrolled in a grade that is required to take the examinations pursuant

13-10  to NRS 389.550 or to the pupils the Department determines must

13-11  take the additional administration pursuant to subsection 6. The

13-12  additional administration must occur in the same school year in

13-13  which the irregularity described in paragraph (b) occurred. [The]

13-14  Except as otherwise provided in this subsection, the school district

13-15  shall pay for all costs related to the administration of examinations

13-16  pursuant to this subsection. If a charter school is required to

13-17  administer examinations pursuant to this subsection, the charter

13-18  school shall pay for all costs related to the administration of the

13-19  examinations to pupils enrolled in the charter school.

13-20     4.  Except as otherwise provided in subsection 8, if the

13-21  Department determines that:

13-22     (a) At least one irregularity in testing administration occurred at

13-23  a school, including, without limitation, a charter school, during 1

13-24  school year on the examinations administered pursuant to

13-25  NRS 389.550;

13-26     (b) In the immediately succeeding school year, at least one

13-27  additional irregularity in testing administration occurred at that

13-28  school on the examinations administered pursuant to NRS 389.015,

13-29  excluding the high school proficiency examination; and

13-30     (c) Based upon the criteria set forth in subsection 5, that the

13-31  irregularities described in paragraphs (a) and (b) warrant an

13-32  additional administration of the examinations,

13-33  the Department shall notify the school and the school district in

13-34  which the school is located that the school is required to provide for

13-35  an additional administration of the examinations to pupils who are

13-36  enrolled in a grade that is required to take the examinations pursuant

13-37  to NRS 389.015, excluding the high school proficiency

13-38  examination, or to the pupils the Department determines must take

13-39  the additional administration pursuant to subsection 6. The

13-40  additional administration must occur in the same school year in

13-41  which the irregularity described in paragraph (b) occurred. [The]

13-42  Except as otherwise provided in this subsection, the school district

13-43  shall pay for all costs related to the administration of examinations

13-44  pursuant to this subsection. If a charter school is required to

13-45  administer examinations pursuant to this subsection, the charter

14-1  school shall pay for all costs related to the administration of the

14-2  examinations to pupils enrolled in the charter school.

14-3      5.  In determining whether to require a school to provide for an

14-4  additional administration of examinations pursuant to this section,

14-5  the Department shall consider:

14-6      (a) The effect of each irregularity in testing administration,

14-7  including, without limitation, whether the irregularity required the

14-8  scores of pupils to be invalidated; and

14-9      (b) Whether sufficient time remains in the school year to

14-10  provide for an additional administration of examinations.

14-11     6.  If the Department determines pursuant to subsection 5 that a

14-12  school must provide for an additional administration of

14-13  examinations, the Department may consider whether the most recent

14-14  irregularity in testing administration affected the test scores of a

14-15  limited number of pupils and require the school to provide an

14-16  additional administration of examinations pursuant to this section

14-17  only to those pupils whose test scores were affected by the most

14-18  recent irregularity.

14-19     7.  The Department shall provide as many notices pursuant to

14-20  this section during 1 school year as are applicable to the

14-21  irregularities occurring at a school. A school shall provide for

14-22  additional administrations of examinations pursuant to this section

14-23  within 1 school year as applicable to the irregularities occurring at

14-24  the school.

14-25     8.  If a school is required to provide an additional

14-26  administration of examinations pursuant to subsection 2 of NRS

14-27  385.368 for a school year, the school is not required to provide for

14-28  an additional administration pursuant to subsection 1 or 4 in that

14-29  school year. The Department shall ensure that the information

14-30  required pursuant to paragraph (b) of subsection 3 of NRS 389.648

14-31  is included in its report for the additional administration provided by

14-32  such a school pursuant to subsection 2 of NRS 385.368.

14-33     Sec. 11.  NRS 391.033 is hereby amended to read as follows:

14-34     391.033  1.  All licenses for teachers and other educational

14-35  personnel are granted by the Superintendent of Public Instruction

14-36  pursuant to regulations adopted by the Commission and as

14-37  otherwise provided by law.

14-38     2.  An application for the issuance of a license must include the

14-39  social security number of the applicant.

14-40     3.  Every applicant for a license must submit with his

14-41  application a complete set of his fingerprints and written permission

14-42  authorizing the Superintendent to forward the fingerprints to the

14-43  Federal Bureau of Investigation and to the Central Repository for

14-44  Nevada Records of Criminal History for their reports on the

14-45  criminal history of the applicant.

15-1      4.  The Superintendent may issue a provisional license pending

15-2  receipt of the reports of the Federal Bureau of Investigation and the

15-3  Central Repository for Nevada Records of Criminal History if he

15-4  determines that the applicant is otherwise qualified.

15-5      5.  A license must be issued to an applicant if:

15-6      (a) The Superintendent determines that the applicant is

15-7  qualified;

15-8      (b) The reports on the criminal history of the applicant from the

15-9  Federal Bureau of Investigation and the Central Repository for

15-10  Nevada Records of Criminal History:

15-11         (1) Do not indicate that the applicant has been convicted of a

15-12  felony or any offense involving moral turpitude; or

15-13         (2) Indicate that the applicant has been convicted of a felony

15-14  or an offense involving moral turpitude but the Superintendent

15-15  determines that the conviction is unrelated to the position within the

15-16  county school district or charter school for which the applicant

15-17  applied; and

15-18     (c) The applicant submits the statement required pursuant to

15-19  NRS 391.034.

15-20     Sec. 12.  NRS 179A.075 is hereby amended to read as follows:

15-21     179A.075  1.  The Central Repository for Nevada Records of

15-22  Criminal History is hereby created within the Nevada Highway

15-23  Patrol Division of the Department.

15-24     2.  Each agency of criminal justice and any other agency

15-25  dealing with crime or delinquency of children shall:

15-26     (a) Collect and maintain records, reports and compilations of

15-27  statistical data required by the Department; and

15-28     (b) Submit the information collected to the Central Repository

15-29  in the manner recommended by the Advisory Committee and

15-30  approved by the Director of the Department.

15-31     3.  Each agency of criminal justice shall submit the information

15-32  relating to sexual offenses and other records of criminal history that

15-33  it creates or issues, and any information in its possession relating to

15-34  the genetic markers of a biological specimen of a person who is

15-35  convicted of an offense listed in subsection 4 of NRS 176.0913, to

15-36  the Division in the manner prescribed by the Director of the

15-37  Department. The information must be submitted to the Division:

15-38     (a) Through an electronic network;

15-39     (b) On a medium of magnetic storage; or

15-40     (c) In the manner prescribed by the Director of the

15-41  Department,

15-42  within the period prescribed by the Director of the Department. If an

15-43  agency has submitted a record regarding the arrest of a person who

15-44  is later determined by the agency not to be the person who

15-45  committed the particular crime, the agency shall, immediately upon

16-1  making that determination, so notify the Division. The Division

16-2  shall delete all references in the Central Repository relating to that

16-3  particular arrest.

16-4      4.  The Division shall, in the manner prescribed by the Director

16-5  of the Department:

16-6      (a) Collect, maintain and arrange all information submitted to it

16-7  relating to:

16-8          (1) Sexual offenses and other records of criminal history; and

16-9          (2) The genetic markers of a biological specimen of a person

16-10  who is convicted of an offense listed in subsection 4 of

16-11  NRS 176.0913.

16-12     (b) When practicable, use a record of the personal identifying

16-13  information of a subject as the basis for any records maintained

16-14  regarding him.

16-15     (c) Upon request, provide the information that is contained in

16-16  the Central Repository to the State Disaster Identification Team of

16-17  the Division of Emergency Management of the Department.

16-18     5.  The Division may:

16-19     (a) Disseminate any information which is contained in the

16-20  Central Repository to any other agency of criminal justice;

16-21     (b) Enter into cooperative agreements with federal and state

16-22  repositories to facilitate exchanges of information that may be

16-23  disseminated pursuant to paragraph (a); and

16-24     (c) Request of and receive from the Federal Bureau of

16-25  Investigation information on the background and personal history of

16-26  any person whose record of fingerprints the Central Repository

16-27  submits to the Federal Bureau of Investigation and:

16-28         (1) Who has applied to any agency of the State of Nevada or

16-29  any political subdivision thereof for a license which it has the power

16-30  to grant or deny;

16-31         (2) With whom any agency of the State of Nevada or any

16-32  political subdivision thereof intends to enter into a relationship of

16-33  employment or a contract for personal services;

16-34         (3) About whom any agency of the State of Nevada or any

16-35  political subdivision thereof has a legitimate need to have accurate

16-36  personal information for the protection of the agency or the persons

16-37  within its jurisdiction; or

16-38         (4) For whom such information is required to be obtained

16-39  pursuant to NRS 449.179.

16-40     6.  The Central Repository shall:

16-41     (a) Collect and maintain records, reports and compilations of

16-42  statistical data submitted by any agency pursuant to subsection 2.

16-43     (b) Tabulate and analyze all records, reports and compilations of

16-44  statistical data received pursuant to this section.

17-1      (c) Disseminate to federal agencies engaged in the collection of

17-2  statistical data relating to crime information which is contained in

17-3  the Central Repository.

17-4      (d) Investigate the criminal history of any person who:

17-5          (1) Has applied to the Superintendent of Public Instruction

17-6  for a license;

17-7          (2) Has applied to a county school district or charter school

17-8  for employment; or

17-9          (3) Is employed by a county school district[,] or charter

17-10  school,

17-11  and notify the superintendent of each county school district , the

17-12  governing body of each charter school and the Superintendent of

17-13  Public Instruction if the investigation of the Central Repository

17-14  indicates that the person has been convicted of a violation of NRS

17-15  200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a

17-16  felony or any offense involving moral turpitude.

17-17     (e) Upon discovery, notify the superintendent of each county

17-18  school district and the governing body of each charter school by

17-19  providing [him with] a list of all persons:

17-20         (1) Investigated pursuant to paragraph (d); or

17-21         (2) Employed by a county school district or charter school

17-22  whose fingerprints were sent previously to the Central Repository

17-23  for investigation,

17-24  who the Central Repository’s records indicate have been convicted

17-25  of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or

17-26  453.3395, or convicted of a felony or any offense involving moral

17-27  turpitude since the Central Repository’s initial investigation. The

17-28  superintendent of each county school district or the governing body

17-29  of a charter school, as applicable, shall determine whether further

17-30  investigation or action by the district or governing body is

17-31  appropriate.

17-32     (f) Investigate the criminal history of each person who submits

17-33  fingerprints or has his fingerprints submitted pursuant to NRS

17-34  449.176 or 449.179.

17-35     (g) On or before July 1 of each year, prepare and present to the

17-36  Governor a printed annual report containing the statistical data

17-37  relating to crime received during the preceding calendar year.

17-38  Additional reports may be presented to the Governor throughout the

17-39  year regarding specific areas of crime if they are recommended by

17-40  the Advisory Committee and approved by the Director of the

17-41  Department.

17-42     (h) On or before July 1 of each year, prepare and submit to the

17-43  Director of the Legislative Counsel Bureau, for submission to the

17-44  Legislature, or the Legislative Commission when the Legislature is

18-1  not in regular session, a report containing statistical data about

18-2  domestic violence in this state.

18-3      (i) Identify and review the collection and processing of

18-4  statistical data relating to criminal justice and the delinquency of

18-5  children by any agency identified in subsection 2, and make

18-6  recommendations for any necessary changes in the manner of

18-7  collecting and processing statistical data by any such agency.

18-8      7.  The Central Repository may:

18-9      (a) At the recommendation of the Advisory Committee and in

18-10  the manner prescribed by the Director of the Department,

18-11  disseminate compilations of statistical data and publish statistical

18-12  reports relating to crime or the delinquency of children.

18-13     (b) Charge a reasonable fee for any publication or special report

18-14  it distributes relating to data collected pursuant to this section. The

18-15  Central Repository may not collect such a fee from an agency of

18-16  criminal justice, any other agency dealing with crime or the

18-17  delinquency of children which is required to submit information

18-18  pursuant to subsection 2 or the State Disaster Identification Team of

18-19  the Division of Emergency Management of the Department. All

18-20  money collected pursuant to this paragraph must be used to pay for

18-21  the cost of operating the Central Repository.

18-22     (c) In the manner prescribed by the Director of the Department,

18-23  use electronic means to receive and disseminate information

18-24  contained in the Central Repository that it is authorized to

18-25  disseminate pursuant to the provisions of this chapter.

18-26     8.  As used in this section:

18-27     (a) “Advisory Committee” means the Committee established by

18-28  the Director of the Department pursuant to NRS 179A.078.

18-29     (b) “Personal identifying information” means any information

18-30  designed, commonly used or capable of being used, alone or in

18-31  conjunction with any other information, to identify a person,

18-32  including, without limitation:

18-33         (1) The name, driver’s license number, social security

18-34  number, date of birth and photograph or computer generated image

18-35  of a person; and

18-36         (2) The fingerprints, voiceprint, retina image and iris image

18-37  of a person.

18-38     Sec. 13.  This act becomes effective on July 1, 2003.

 

18-39  H