Senate Bill No. 340–Senator Cegavske

 

March 17, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Provides in skeleton form for scholarships to pupils with disabilities who attend private schools. (BDR 34‑45)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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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; providing in skeleton form for scholarships to pupils with disabilities who attend private schools; providing for the calculation of the amount of a scholarship; authorizing the Department of Education to adopt certain regulations; 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. Chapter 387 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The parent or legal guardian of a pupil with a disability,

1-4  who is enrolled in a public school in this state and for whom an

1-5  individualized education program has been established, who is

1-6  dissatisfied with the progress that the pupil is making pursuant to

1-7  that program may request a scholarship pursuant to this section

1-8  for the pupil to enroll in and attend a private school.

1-9  2.  A pupil with a disability is eligible for a scholarship

1-10  pursuant to this section if:

1-11      (a) The pupil was enrolled in, and included in the count of

1-12  pupils for apportionment purposes for, a public school in this state

1-13  during the previous school year;

2-1  (b) A private school which is located in this state and eligible

2-2  to accept the scholarship has accepted the pupil for admission;

2-3  and

2-4  (c) The parent or legal guardian of the pupil notifies the

2-5  Department, in the manner required by the Department, of his

2-6  request for a scholarship before the pupil enters the private

2-7  school.

2-8  3.  The amount of a scholarship provided to a pupil with a

2-9  disability pursuant to this section is equal to:

2-10      (a) The sum of the basic support plus the amount of local

2-11  funds available pursuant to NRS 387.1235 plus all other money

2-12  the State would be required to pay for that pupil to the public

2-13  school to which the pupil would otherwise be assigned; or

2-14      (b) The amount of the tuition and fees of the private

2-15  school,

2-16  whichever is less.

2-17      4.  If the Department determines that a pupil is eligible to

2-18  receive a scholarship, the Department shall provide notification of

2-19  its determination to the parent or legal guardian of the pupil and

2-20  the private school in which the pupil will be enrolled. Scholarships

2-21  must be disbursed quarterly on August 1, November 1, February 1

2-22  and May 1. Payment of a scholarship must be made by individual

2-23  warrant made payable to the parent or legal guardian of the pupil

2-24  receiving the scholarship and mailed to the private school in

2-25  which the pupil will be or is enrolled. The parent or legal guardian

2-26  shall restrictively endorse the warrant to the private school for

2-27  deposit into the account of the private school.

2-28      5.  A pupil with a disability may continue to receive the

2-29  scholarship provided by this section as long as the pupil is enrolled

2-30  in good standing in the private school. Before renewing a

2-31  scholarship to the pupil for any subsequent school year, the

2-32  Department may require the private school or the parent or legal

2-33  guardian of the pupil to provide such documentation as deemed

2-34  necessary by the Department demonstrating that the pupil has

2-35  been enrolled in good standing in the private school during the

2-36  previous school year. A scholarship is forfeited if a pupil or his

2-37  parent or legal guardian fails to comply with this subsection.

2-38      6.  Notwithstanding any provision of this title to the contrary,

2-39  the election of a private school to accept scholarship money

2-40  pursuant to this section, and the acceptance of such scholarship

2-41  money, does not expand the regulatory authority of the

2-42  Department over the private school beyond that authority

2-43  necessary to carry out the provisions of this section.

2-44      7.  There is no liability on the part of, and no cause of action

2-45  of any nature arises against, the State of Nevada or any state

3-1  employee based on the award or use of a scholarship pursuant to

3-2  this section.

3-3  8.  The Department may adopt such regulations as are

3-4  necessary to carry out the provisions of this section.

3-5  9.  As used in this section, “individualized education

3-6  program” has the meaning ascribed to it in 20 U.S.C. §

3-7  1414(d)(1)(A).

3-8  Sec.  2.  This act becomes effective on July 1, 2003.

 

3-9  H