SB376

Senate Bill No. 376–Senator Washington

March 17, 2003

____________

Referred to Committee on Finance

SUMMARY—Establishes Program of Voucher Schools and provides for public school choice. (BDR 34‑236)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: Yes.

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; establishing the Program of Voucher Schools to be administered by the Department of Education; authorizing certain private schools to apply to the Department of Education for certification as voucher schools; authorizing certain pupils to apply to the Department of Education to participate in the Program; authorizing the Department to request reimbursement from a voucher school for certain costs associated with administering the voucher school; revising provisions governing the apportionments of money from the State Distributive School Account to provide for the payments of money for pupils who are enrolled in voucher schools; authorizing the parents and guardians of certain pupils to choose which public schools the pupils will attend; 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. Title 34 of NRS is hereby amended by adding

1-2 thereto a new chapter to consist of the provisions set forth as

1-3 sections 2 to 16, inclusive, of this act.

1-4 Sec. 2. As used in sections 2 to 16, inclusive, of this act,

1-5 unless the context otherwise requires, the words and terms defined

1-6 in sections 3 to 7, inclusive, of this act have the meanings ascribed

1-7 to them in those sections.

2-1 Sec. 3. “Family of low income” means a family with a

2-2 monthly household income that is at or below the federally

2-3 designated level signifying poverty.

2-4 Sec. 4. “Private school” has the meaning ascribed to it in

2-5 NRS 394.103.

2-6 Sec. 5. “Program” means the Program of Voucher Schools

2-7 established pursuant to section 8 of this act.

2-8 Sec. 6. “Voucher” means a document that may be exchanged

2-9 by a voucher school with the Department for money for the

2-10 educational expenses of a pupil who participates in the Program

2-11 and attends the voucher school.

2-12 Sec. 7. “Voucher school” means a private school that is

2-13 certified pursuant to section 10 of this act.

2-14 Sec. 8. There is hereby established the Program of Voucher

2-15 Schools, to be administered by the Department. The Department

2-16 shall:

2-17 1. Adopt regulations:

2-18 (a) Prescribing the process for submission of an application by

2-19 a private school to become certified as a voucher school and the

2-20 contents of the application;

2-21 (b) Prescribing the process for submission of an application by

2-22 a parent or legal guardian of a child to participate in the Program;

2-23 and

2-24 (c) As are necessary to carry out the provisions of sections 2 to

2-25 16, inclusive, of this act.

2-26 2. Provide information to the general public concerning the

2-27 Program.

2-28 3. Maintain a list available for public inspection that

2-29 identifies which private schools are certified as voucher schools

2-30 pursuant to section 10 of this act.

2-31 Sec. 9. 1. A private school may submit to the Department

2-32 an application to become certified as a voucher school if the

2-33 private school:

2-34 (a) Is licensed pursuant to chapter 394 of NRS; and

2-35 (b) Has an admissions policy that does not discriminate on the

2-36 basis of a single race or ethnicity.

2-37 2. Such an application must include:

2-38 (a) Proof that the private school is licensed pursuant to

2-39 chapter 394 of NRS;

2-40 (b) A written statement that the private school does not

2-41 discriminate on the basis of a single race or ethnicity;

2-42 (c) A written statement that the private school will not charge

2-43 tuition or fees to children from families of low income who

2-44 participate in the Program; and

3-1 (d) The number of children from the Program that the private

3-2 school is able to accommodate.

3-3 Sec. 10. 1. Upon receipt of an application from a private

3-4 school, the Department shall review the application to determine

3-5 whether it is complete. The Department shall approve an

3-6 application if it is complete. The Department shall provide written

3-7 notice to the applicant of its approval or denial of the application.

3-8 2. If an application is approved by the Department, the

3-9 Department and the private school shall enter into a written

3-10 agreement which certifies that the private school is a voucher

3-11 school.

3-12 3. The certification of a voucher school pursuant to this

3-13 section remains valid indefinitely unless:

3-14 (a) The Department revokes the certification pursuant to

3-15 section 11 of this act; or

3-16 (b) The voucher school requests the Department to revoke the

3-17 certification.

3-18 4. If a voucher school requests that the Department revoke

3-19 the certification of the voucher school during a school year, the

3-20 voucher school shall continue to provide an education to pupils

3-21 who participate in the Program and are enrolled in the voucher

3-22 school for the remainder of the school year. Upon completion of

3-23 the school year, the Department shall revoke the certification of

3-24 the voucher school.

3-25 Sec. 11. 1. The Department shall revoke the certification of

3-26 a voucher school if the:

3-27 (a) Voucher school fails to comply with the provisions of

3-28 sections 2 to 16, inclusive, of this act.

3-29 (b) License of the voucher school is revoked pursuant to

3-30 chapter 394 of NRS.

3-31 2. The Department shall not interfere with the operation or

3-32 management of a voucher school except as authorized by sections

3-33 2 to 16, inclusive, of this act.

3-34 Sec. 12. 1. A voucher school shall:

3-35 (a) Comply with all laws and regulations relating to

3-36 discrimination and civil rights;

3-37 (b) Accept a voucher from a child from a family of low income

3-38 as full payment for the costs of providing an education to the

3-39 child; and

3-40 (c) Comply with the provisions of sections 2 to 16, inclusive, of

3-41 this act.

3-42 2. A voucher school shall not charge tuition or fees to

3-43 children from families of low income who participate in the

3-44 Program and attend the voucher school.

4-1 3. For all legal intents and purposes, a voucher school is not

4-2 a public employer.

4-3 Sec. 13. 1. The parent or legal guardian of a child may

4-4 submit an application to the Department to participate in the

4-5 Program if:

4-6 (a) At least one voucher school is located within the county in

4-7 which the child resides; and

4-8 (b) The child is:

4-9 (1) Enrolled in or otherwise scheduled to attend a public

4-10 school that has carried a designation as demonstrating need for

4-11 improvement pursuant to NRS 385.363 for 3 consecutive years or

4-12 more; or

4-13 (2) From a family of low income and in the immediately

4-14 succeeding school year the child:

4-15 (I) Was enrolled in a public school in this state;

4-16 (II) Was enrolled in a voucher school as a participant in

4-17 the Program; or

4-18 (III) Was not enrolled in a school.

4-19 2. The Department shall categorize the applications that it

4-20 receives by school district. For each school district, the

4-21 Department shall approve the applications of not more than 10

4-22 percent of the children who reside within the school district. If

4-23 more eligible children apply for participation in the Program than

4-24 the number of applications that may be approved for a particular

4-25 school district, the Department shall select applications at random

4-26 by lottery for approval.

4-27 3. Upon approval of an application, the Department shall

4-28 provide a written statement of approval to the parent or legal

4-29 guardian of the child indicating the date of approval.

4-30 4. A written statement of approval is valid for 1 school year.

4-31 If a parent or legal guardian desires that his child continue to

4-32 participate in the Program, the parent or legal guardian must

4-33 reapply for participation in the Program each year. If a child

4-34 initially participates in the Program because he is enrolled in or

4-35 otherwise scheduled to attend a public school that has carried a

4-36 designation as demonstrating need for improvement pursuant to

4-37 NRS 385.363 for 3 consecutive years or more, the child is eligible

4-38 to continue his participation in the Program if he satisfies the

4-39 requirements of this section, regardless of whether that public

4-40 school subsequently receives a designation other than a

4-41 designation as demonstrating need for improvement.

4-42 5. A parent or legal guardian may withdraw his child from

4-43 participation in the Program at any time upon written notice to the

4-44 Department.

5-1 Sec. 14. 1. Upon receipt of a written statement of approval

5-2 pursuant to section 13 of this act, the parent or legal guardian of a

5-3 child may apply for enrollment in a voucher school which is

5-4 located within the school district that the child would otherwise

5-5 attend. Such an application must be accompanied by a copy of the

5-6 written statement of approval.

5-7 2. If more children who participate in the Program apply for

5-8 enrollment in a voucher school than the number of spaces which

5-9 are available, the voucher school shall:

5-10 (a) Determine which applicants to enroll at random by lottery;

5-11 and

5-12 (b) Provide the Department with written evidence that the

5-13 school complied with the provisions of this subsection.

5-14 If the Department determines that the voucher school did not

5-15 comply with the lottery system required by this subsection, the

5-16 Department may withdraw the certification of the voucher school.

5-17 3. If a parent or legal guardian of a child who participates in

5-18 the Program desires to continue his child’s education in a voucher

5-19 school, the parent or legal guardian shall submit an application

5-20 for enrollment in a voucher school for each school year.

5-21 Sec. 15. Upon the written request of a parent or legal

5-22 guardian of a pupil who is enrolled in a voucher school, the

5-23 school shall not require the pupil to participate in any religious

5-24 activity.

5-25 Sec. 16. 1. Pupils who participate in the Program and are

5-26 enrolled in a voucher school, including, without limitation, pupils

5-27 who are enrolled in programs of special education in a voucher

5-28 school, must be included in the count of pupils in the school

5-29 district for the purposes of apportionments and allowances from

5-30 the State Distributive School Account pursuant to NRS 387.121 to

5-31 387.126, inclusive.

5-32 2. A voucher school shall submit to the Department a list of

5-33 names of the pupils that participate in the Program and are

5-34 accepted for enrollment in the voucher school. Upon receipt of

5-35 such a list, the Department shall verify that each pupil identified

5-36 on the list has been approved for participation in the Program and

5-37 resides within the school district in which the voucher school is

5-38 located. After the Department verifies the list of names, the

5-39 Department shall issue a voucher to each parent or legal guardian

5-40 of a pupil who is approved for participation in the Program and

5-41 accepted for enrollment in a voucher school. The parent or legal

5-42 guardian shall restrictively endorse the voucher for use by the

5-43 voucher school that his child will attend and submit the voucher to

5-44 the voucher school.

6-1 3. A voucher school may submit all vouchers that it receives

6-2 which are endorsed to the Department for payment. A parent or

6-3 legal guardian of a pupil may not submit a voucher directly to the

6-4 Department for payment. Upon receipt of all vouchers from a

6-5 voucher school, the Department shall pay to the voucher school

6-6 for each child who participates in the Program and is enrolled in

6-7 the voucher school, an amount equal to:

6-8 (a) The per pupil amount of money apportioned to the school

6-9 district in which the voucher school is located from the State

6-10 Distributive School Account pursuant to NRS 387.124; or

6-11 (b) The per pupil annual tuition charged by the voucher

6-12 school,

6-13 whichever is less. The Department may pay the total amount due a

6-14 voucher school pursuant to this subsection in quarterly payments.

6-15 4. Upon completion of a school year, the Department may

6-16 request reimbursement from a voucher school for the

6-17 administrative costs associated with the voucher school’s

6-18 participation in the Program if the Department provided

6-19 administrative services during that school year. Upon receipt of

6-20 such a request, the voucher school shall pay the reimbursement to

6-21 the Department. If a voucher school fails to pay the

6-22 reimbursement, the Department may take action to revoke the

6-23 certification of the voucher school. The amount of reimbursement

6-24 that a voucher school may be required to pay pursuant to this

6-25 subsection must not exceed:

6-26 (a) For the first year the school operates as a voucher school,

6-27 1 percent of the total amount of money apportioned to the voucher

6-28 school during the year pursuant to this section.

6-29 (b) For any year after the first year of operation as a voucher

6-30 school, 0.5 percent of the total amount of money apportioned to

6-31 the voucher school during the year pursuant to this section.

6-32 Sec. 17. NRS 386.415 is hereby amended to read as follows:

6-33 386.415 1. The board of trustees of any school district may

6-34 enter into an agreement with any [individual,] person, firm,

6-35 partnership, corporation, association or public agency which has

6-36 been approved for such purpose by the Aging Services Division of

6-37 the Department of Human Resources, whereby the school district

6-38 agrees to prepare hot lunches for persons 60 years of age or older

6-39 and their spouses or any group of such persons by utilizing the

6-40 systems and procedures already developed for use in the school

6-41 lunch program of [such] the district.

6-42 2. No agreement entered into by a board of trustees of a school

6-43 district pursuant to the provisions of this section may:

6-44 (a) Involve the expenditure by the school district of any school

6-45 lunch money or other money for the system of public [school

7-1 money] education or the use of any school lunch commodities or

7-2 public school personnel, equipment or facilities unless the

7-3 agreement includes a provision requiring full reimbursement

7-4 therefor.

7-5 (b) Provide for payment to the school district of any amount in

7-6 excess of the estimated actual cost of food, personnel, equipment,

7-7 facilities and other necessary expenditures involved in the

7-8 performance of the agreement. The estimated actual cost [shall]

7-9 must be negotiated by the board of trustees and the Aging Services

7-10 Division of the Department of Human Resources.

7-11 (c) Permit any program of hot lunches for persons 60 years of

7-12 age or over and their spouses to interfere in any way with the use of

7-13 school lunch facilities for public school purposes.

7-14 Sec. 18. Chapter 387 of NRS is hereby amended by adding

7-15 thereto a new section to read as follows:

7-16 As used in this chapter, “voucher school” has the meaning

7-17 ascribed to it in section 7 of this act.

7-18 Sec. 19. NRS 387.040 is hereby amended to read as follows:

7-19 387.040 1. Except as otherwise provided in subsection 2 and

7-20 NRS 387.528, the State Treasurer shall pay over all money for the

7-21 system of public [school money] education received by him for the

7-22 support of school districts only on warrants of the State Controller

7-23 issued upon the orders of the Superintendent of Public Instruction in

7-24 favor of county treasurers. When endorsed, the orders are valid

7-25 vouchers in the hands of the State Controller for the disbursement of

7-26 money for the system of public [school money.] education.

7-27 2. Except as otherwise provided in NRS 387.528, if the board

7-28 of trustees of a school district establishes and administers a separate

7-29 account pursuant to the provisions of NRS 354.603, the State

7-30 Treasurer shall pay over to the school district all money for the

7-31 system of public [school money] education due the school district.

7-32 3. The State Treasurer shall pay over all money for the system

7-33 of public [school money] education received by him for the support

7-34 of charter schools only on warrants of the State Controller issued

7-35 upon the orders of the Superintendent of Public Instruction in favor

7-36 of the charter schools. When endorsed, the orders are valid vouchers

7-37 in the hands of the State Controller for the disbursement of money

7-38 for the system of public [school money.] education.

7-39 Sec. 20. NRS 387.045 is hereby amended to read as follows:

7-40 387.045 1. [No] Except as otherwise provided in section 16

7-41 of this act, no portion of the money for the system of public [school

7-42 funds] education or of the money specially appropriated for the

7-43 purpose of the system of public [schools shall] education may be

7-44 devoted to any other object or purpose.

8-1 2. No portion of the money for the system of public [school

8-2 funds shall] education may in any way be segregated, divided or set

8-3 apart for the direct use or benefit of any sectarian or secular society

8-4 or association.

8-5 Sec. 21. NRS 387.121 is hereby amended to read as follows:

8-6 387.121 The Legislature declares that the proper objective of

8-7 state financial aid to public education is to ensure each Nevada child

8-8 a reasonably equal educational opportunity. Recognizing wide local

8-9 variations in wealth and costs per pupil, this state should supplement

8-10 local financial ability to whatever extent necessary in each school

8-11 district to provide programs of instruction in both compulsory and

8-12 elective subjects , whether in a public school or a voucher school,

8-13 that offer full opportunity for every Nevada child to receive the

8-14 benefit of the purposes for which the system of public [schools are]

8-15 education is maintained. Therefore the quintessence of the State’s

8-16 financial obligation for such programs can be expressed in a formula

8-17 partially on a per pupil basis and partially on a per program basis as:

8-18 State financial aid to school districts equals the difference between

8-19 school district basic support guarantee and local available funds

8-20 produced by mandatory taxes minus all the local funds attributable

8-21 to pupils who reside in the county but participate in the Program of

8-22 Voucher Schools pursuant to sections 2 to 16, inclusive, of this act

8-23 and attend a voucher school and pupils who reside in the county

8-24 and attend a charter school. This formula is designated the Nevada

8-25 Plan.

8-26 Sec. 22. NRS 387.1211 is hereby amended to read as follows:

8-27 387.1211 As used in NRS 387.121 to 387.126, inclusive:

8-28 1. “Average daily attendance” means the total number of pupils

8-29 attending a particular school each day during a period of reporting

8-30 divided by the number of days school is in session during that

8-31 period.

8-32 2. “Enrollment” means the count of pupils [enrolled] who:

8-33 (a) Are enrolled in and scheduled to attend programs of

8-34 instruction of a school district ;

8-35 (b) Participate in the Program of Voucher Schools pursuant to

8-36 sections 2 to 16, inclusive, of this act and are enrolled in and

8-37 scheduled to attend programs of instruction of a voucher school;

8-38 or

8-39 (c) Are enrolled in and scheduled to attend programs of

8-40 instruction of a charter school ,

8-41 at a specified time during the school year.

8-42 3. “Special education program unit” means an organized unit

8-43 of special education and related services which includes full-time

8-44 services of persons licensed by the Superintendent of Public

8-45 Instruction or other appropriate licensing body, providing a program

9-1 of instruction in accordance with minimum standards prescribed by

9-2 the State Board.

9-3 Sec. 23. NRS 387.1233 is hereby amended to read as follows:

9-4 387.1233 1. Except as otherwise provided in subsection 2,

9-5 basic support of each school district must be computed by:

9-6 (a) Multiplying the basic support guarantee per pupil established

9-7 for that school district for that school year by the sum of:

9-8 (1) Six-tenths the count of pupils enrolled in the kindergarten

9-9 department on the last day of the first school month of the school

9-10 district for the school year, including, without limitation, the count

9-11 of pupils who reside in the county and are enrolled in any charter

9-12 school and pupils who reside in the county, participate in the

9-13 Program of Voucher Schools pursuant to sections 2 to 16,

9-14 inclusive, of this act and are enrolled in a voucher school, on the

9-15 last day of the first school month of the school district for the school

9-16 year.

9-17 (2) The count of pupils enrolled in grades 1 to 12, inclusive,

9-18 on the last day of the first school month of the school district for the

9-19 school year, including, without limitation, the count of pupils who

9-20 reside in the county and are enrolled in any charter school and

9-21 pupils who reside in the county, participate in the Program of

9-22 Voucher Schools pursuant to sections 2 to 16, inclusive, of this act

9-23 and are enrolled in a voucher school, on the last day of the first

9-24 school month of the school district for the school year.

9-25 (3) The count of pupils not included under subparagraph (1)

9-26 or (2) who are enrolled full-time in a program of distance education

9-27 provided by that school district or a charter school located within

9-28 that school district on the last day of the first school month of the

9-29 school district for the school year.

9-30 (4) The count of pupils who reside in the county and are

9-31 enrolled:

9-32 (I) In a public school of the school district and are

9-33 concurrently enrolled part-time in a program of distance education

9-34 provided by another school district or a charter school on the last

9-35 day of the first school month of the school district for the school

9-36 year, expressed as a percentage of the total time services are

9-37 provided to those pupils per school day in proportion to the total

9-38 time services are provided during a school day to pupils who are

9-39 counted pursuant to subparagraph (2).

9-40 (II) In a charter school and are concurrently enrolled part-

9-41 time in a program of distance education provided by a school district

9-42 or another charter school on the last day of the first school month of

9-43 the school district for the school year, expressed as a percentage of

9-44 the total time services are provided to those pupils per school day in

10-1 proportion to the total time services are provided during a school

10-2 day to pupils who are counted pursuant to subparagraph (2).

10-3 (5) The count of pupils not included under subparagraph (1),

10-4 (2), (3) or (4), who are receiving special education pursuant to the

10-5 provisions of NRS 388.440 to 388.520, inclusive, on the last day of

10-6 the first school month of the school district for the school year,

10-7 excluding the count of pupils who have not attained the age of 5

10-8 years and who are receiving special education pursuant to

10-9 subsection 1 of NRS 388.490 on that day.

10-10 (6) Six-tenths the count of pupils who have not attained the

10-11 age of 5 years and who are receiving special education pursuant to

10-12 subsection 1 of NRS 388.490 on the last day of the first school

10-13 month of the school district for the school year.

10-14 (7) The count of children detained in detention homes,

10-15 alternative programs and juvenile forestry camps receiving

10-16 instruction pursuant to the provisions of NRS 388.550, 388.560 and

10-17 388.570 on the last day of the first school month of the school

10-18 district for the school year.

10-19 (8) The count of pupils who are enrolled in classes for at

10-20 least one semester pursuant to subsection 4 of NRS 386.560,

10-21 subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070,

10-22 expressed as a percentage of the total time services are provided to

10-23 those pupils per school day in proportion to the total time services

10-24 are provided during a school day to pupils who are counted pursuant

10-25 to subparagraph (2).

10-26 (b) Multiplying the number of special education program units

10-27 maintained and operated by the amount per program established for

10-28 that school year.

10-29 (c) Adding the amounts computed in paragraphs (a) and (b).

10-30 2. If the enrollment of pupils in a school district or a charter

10-31 school that is located within the school district on the last day of the

10-32 first school month of the school district for the school year is less

10-33 than the enrollment of pupils in the same school district or charter

10-34 school on the last day of the first school month of the school district

10-35 for either or both of the immediately preceding 2 school years, the

10-36 largest number must be used from among the 3 years for purposes of

10-37 apportioning money from the State Distributive School Account to

10-38 that school district or charter school pursuant to NRS 387.124.

10-39 3. Pupils who are excused from attendance at examinations or

10-40 have completed their work in accordance with the rules of the board

10-41 of trustees must be credited with attendance during that period.

10-42 4. Pupils who are incarcerated in a facility or institution

10-43 operated by the Department of Corrections must not be counted for

10-44 the purpose of computing basic support pursuant to this section. The

11-1 average daily attendance for such pupils must be reported to the

11-2 Department.

11-3 5. Pupils who are enrolled in courses which are approved by

11-4 the Department as meeting the requirements for an adult to earn a

11-5 high school diploma must not be counted for the purpose of

11-6 computing basic support pursuant to this section.

11-7 Sec. 24. NRS 387.124 is hereby amended to read as follows:

11-8 387.124 Except as otherwise provided in this section and

11-9 NRS 387.528:

11-10 1. On or before August 1, November 1, February 1 and May 1

11-11 of each year, the Superintendent of Public Instruction shall

11-12 apportion the State Distributive School Account in the State General

11-13 Fund among the several county school districts and charter schools

11-14 in amounts approximating one-fourth of their respective yearly

11-15 apportionments less any amount set aside as a reserve. The

11-16 apportionment to a school district, computed on a yearly basis,

11-17 equals the difference between the basic support and the local funds

11-18 available pursuant to NRS 387.1235, minus all the funds attributable

11-19 to pupils who reside in the county but attend a charter school , [and]

11-20 all the funds attributable to pupils who reside in the county and are

11-21 enrolled full-time or part-time in a program of distance education

11-22 provided by another school district or a charter school[.] and the

11-23 amount of money paid to a voucher school located in the county

11-24 pursuant to section 16 of this act. No apportionment may be made

11-25 to a school district if the amount of the local funds exceeds the

11-26 amount of basic support. If an agreement is not filed for a pupil who

11-27 is enrolled in a program of distance education as required by NRS

11-28 388.854, the Superintendent of Public Instruction shall not apportion

11-29 money for that pupil to the board of trustees of the school district in

11-30 which the pupil resides, or the board of trustees or governing body

11-31 that provides the program of distance education.

11-32 2. Except as otherwise provided in subsection 3, the

11-33 apportionment to a charter school, computed on a yearly basis, is

11-34 equal to the sum of the basic support per pupil in the county in

11-35 which the pupil resides plus the amount of local funds available per

11-36 pupil pursuant to NRS 387.1235 and all other funds available for

11-37 public schools in the county in which the pupil resides minus all the

11-38 funds attributable to pupils who are enrolled in the charter school

11-39 but are concurrently enrolled part-time in a program of distance

11-40 education provided by a school district or another charter school. If

11-41 the apportionment per pupil to a charter school is more than the

11-42 amount to be apportioned to the school district in which a pupil who

11-43 is enrolled in the charter school resides, the school district in which

11-44 the pupil resides shall pay the difference directly to the charter

11-45 school.

12-1 3. Except as otherwise provided in this subsection, the

12-2 apportionment to a charter school that is sponsored by the State

12-3 Board, computed on a yearly basis, is equal to:

12-4 (a) The sum of the basic support per pupil in the county in

12-5 which the pupil resides plus the amount of local funds available per

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

12-7 public schools in the county in which the pupil resides; or

12-8 (b) The statewide average per pupil amount for pupils who are

12-9 enrolled full-time,

12-10 whichever is greater. If the calculation set forth in paragraph (a) is

12-11 less than the calculation pursuant to paragraph (b), the school

12-12 district in which the charter school is located shall pay the difference

12-13 directly to the charter school. If a charter school provides a program

12-14 of distance education pursuant to NRS 388.820 to 388.874,

12-15 inclusive, the apportionment to the charter school for pupils who are

12-16 enrolled in the program of distance education must be calculated as

12-17 set forth in subsection 2 or 4, as applicable.

12-18 4. In addition to the apportionments made pursuant to this

12-19 section, an apportionment must be made to a school district or

12-20 charter school that provides a program of distance education for

12-21 each pupil who is enrolled part-time in the program if an agreement

12-22 is filed for that pupil pursuant to NRS 388.854 or 388.858, as

12-23 applicable. The amount of the apportionment must be equal to the

12-24 percentage of the total time services are provided to the pupil

12-25 through the program of distance education per school day in

12-26 proportion to the total time services are provided during a school

12-27 day to pupils who are counted pursuant to subparagraph (2) of

12-28 paragraph (a) of subsection 1 of NRS 387.1233 for the school

12-29 district in which the pupil resides.

12-30 5. The governing body of a charter school may submit a

12-31 written request to the Superintendent of Public Instruction to

12-32 receive, in the first year of operation of the charter school, an

12-33 apportionment 30 days before the apportionment is required to be

12-34 made pursuant to subsection 1. Upon receipt of such a request, the

12-35 Superintendent of Public Instruction may make the apportionment

12-36 30 days before the apportionment is required to be made. A charter

12-37 school may receive all four apportionments in advance in its first

12-38 year of operation.

12-39 6. If the State Controller finds that such an action is needed to

12-40 maintain the balance in the State General Fund at a level sufficient

12-41 to pay the other appropriations from it, he may pay out the

12-42 apportionments monthly, each approximately one-twelfth of the

12-43 yearly apportionment less any amount set aside as a reserve. If such

12-44 action is needed, the State Controller shall submit a report to the

13-1 Department of Administration and the Fiscal Analysis Division of

13-2 the Legislative Counsel Bureau documenting reasons for the action.

13-3 Sec. 25. NRS 387.185 is hereby amended to read as follows:

13-4 387.185 1. Except as otherwise provided in subsection 2 and

13-5 NRS 387.528, all school money due each county school district

13-6 must be paid over by the State Treasurer to the county treasurer on

13-7 August 1, November 1, February 1 and May 1 of each year or as

13-8 soon thereafter as the county treasurer may apply for it, upon the

13-9 warrant of the State Controller drawn in conformity with the

13-10 apportionment of the Superintendent of Public Instruction as

13-11 provided in NRS 387.124.

13-12 2. Except as otherwise provided in NRS 387.528, if the board

13-13 of trustees of a school district establishes and administers a separate

13-14 account pursuant to the provisions of NRS 354.603, all school

13-15 money due that school district must be paid over by the State

13-16 Treasurer to the school district on August 1, November 1,

13-17 February 1 and May 1 of each year or as soon thereafter as the

13-18 school district may apply for it, upon the warrant of the State

13-19 Controller drawn in conformity with the apportionment of the

13-20 Superintendent of Public Instruction as provided in NRS 387.124.

13-21 3. No county school district may receive any portion of the

13-22 money for the system of public [school money] education unless

13-23 that school district has complied with the provisions of this title and

13-24 regulations adopted pursuant thereto.

13-25 4. Except as otherwise provided in this subsection, all school

13-26 money due each charter school must be paid over by the State

13-27 Treasurer to the governing body of the charter school on August 1,

13-28 November 1, February 1 and May 1 of each year or as soon

13-29 thereafter as the governing body may apply for it, upon the warrant

13-30 of the State Controller drawn in conformity with the apportionment

13-31 of the Superintendent of Public Instruction as provided in NRS

13-32 387.124. If the Superintendent of Public Instruction has approved,

13-33 pursuant to subsection 5 of NRS 387.124, a request for payment of

13-34 an apportionment 30 days before the apportionment is otherwise

13-35 required to be made, the money due [to] the charter school must be

13-36 paid by the State Treasurer to the governing body of the charter

13-37 school on July 1, October 1, January 1 or April 1, as applicable.

13-38 Sec. 26. NRS 387.195 is hereby amended to read as follows:

13-39 387.195 1. Each board of county commissioners shall levy a

13-40 tax of 75 cents on each $100 of assessed valuation of taxable

13-41 property within the county for the support of the system of public

13-42 [schools] education within the county school district.

13-43 2. The tax collected pursuant to subsection 1 on any assessed

13-44 valuation attributable to the net proceeds of minerals must not be

13-45 considered as available to pay liabilities of the fiscal year in which

14-1 the tax is collected but must be deferred for use in the subsequent

14-2 fiscal year. The annual budget for the school district must only

14-3 consider as an available source the tax on the net proceeds of

14-4 minerals which was collected in the prior year.

14-5 3. In addition to any tax levied in accordance with subsection

14-6 1, each board of county commissioners shall levy a tax for the

14-7 payment of interest and redemption of outstanding bonds of the

14-8 county school district.

14-9 4. The tax collected pursuant to subsection 1 and any interest

14-10 earned from the investment of the proceeds of that tax must be

14-11 credited to the county’s school district fund.

14-12 5. The tax collected pursuant to subsection 3 and any interest

14-13 earned from the investment of the proceeds of that tax must be

14-14 credited to the county school district’s debt service fund.

14-15 Sec. 27. NRS 387.210 is hereby amended to read as follows:

14-16 387.210 Except when the board of trustees of a county school

14-17 district elects to establish a separate account under the provisions of

14-18 NRS 354.603, each county treasurer shall:

14-19 1. Receive and hold as a special deposit all money for the

14-20 system of public [school moneys,] education, whether received by

14-21 him from the State Treasurer or raised by the county for the benefit

14-22 of the system of public [schools,] education, or from any other

14-23 source, and keep separate accounts thereof and of their

14-24 disbursements.

14-25 2. Pay over all money for the system of public [school moneys]

14-26 education received by him only on warrants of the county auditor,

14-27 issued upon orders of the board of trustees of the county school

14-28 district. All orders issued in accordance with law by the board of

14-29 trustees [shall be] are valid vouchers in the hands of the county

14-30 auditors for warrants drawn upon such orders.

14-31 Sec. 28. NRS 387.225 is hereby amended to read as follows:

14-32 387.225 [No] A tax collector or county treasurer shall not

14-33 receive any fees or compensation whatever for collecting, receiving,

14-34 keeping, transporting or disbursing any money for the system of

14-35 public [school moneys.] education.

14-36 Sec. 29. NRS 388.040 is hereby amended to read as follows:

14-37 388.040 1. Except as otherwise provided in subsection 2, the

14-38 board of trustees of a school district that includes more than one

14-39 school which offers instruction in the same grade or grades may

14-40 zone the school district and determine which pupils shall attend each

14-41 school.

14-42 2. The establishment of zones pursuant to subsection 1 does

14-43 not preclude a pupil from attending a [charter school.] :

14-44 (a) Charter school; or

15-1 (b) Public school outside the zone of attendance that the pupil

15-2 is otherwise required to attend if the board of trustees of a school

15-3 district approves an application for the pupil to attend another

15-4 public school pursuant to section 31 of this act.

15-5 Sec. 30. NRS 388.150 is hereby amended to read as follows:

15-6 388.150 1. No books, tracts or papers of a sectarian or

15-7 denominational character may be used or introduced in any public

15-8 school established pursuant to the provisions of this title of NRS,

15-9 nor may any sectarian or denominational doctrines be taught in any

15-10 public school.

15-11 2. Any school district or charter school whose officers

15-12 knowingly allow any public schools to be taught in violation of this

15-13 section forfeits all right to any money for the system of public

15-14 [school funds.] education.

15-15 3. Nothing in this section prohibits a school district or charter

15-16 school from complying with applicable federal laws, such as the

15-17 Equal Access Act, 20 U.S.C. §§ 4071 et seq.

15-18 Sec. 31. Chapter 392 of NRS is hereby amended by adding

15-19 thereto a new section to read as follows:

15-20 1. Except as otherwise provided in subsection 8, the parents,

15-21 legal guardian or custodial parent of a pupil enrolled in a public

15-22 school may submit an application for the pupil to attend another

15-23 public school, including, without limitation, a magnet school, if

15-24 the pupil is:

15-25 (a) Enrolled in or otherwise scheduled to attend a public

15-26 school that has carried a designation as demonstrating need for

15-27 improvement pursuant to NRS 385.363 for 3 consecutive years or

15-28 more; or

15-29 (b) From a family of low income.

15-30 2. An application submitted pursuant to subsection 1 may

15-31 request that a pupil attend a public school, including, without

15-32 limitation, a magnet school, that is located:

15-33 (a) Within the county in which the pupil resides but outside the

15-34 zone of attendance established pursuant to NRS 388.040 that the

15-35 pupil is required to attend; or

15-36 (b) In another school district in this state.

15-37 3. An application for enrollment in a public school pursuant

15-38 to this section must be submitted to the board of trustees of the

15-39 school district that the pupil wishes to attend on a form provided

15-40 by the board of trustees. The board of trustees of each school

15-41 district shall prescribe the deadline for the submission of

15-42 applications, which must not be sooner than 3 months before the

15-43 commencement of a school year.

15-44 4. The board of trustees of a school district shall not act on

15-45 an application that has been submitted until after the deadline for

16-1 the submission of applications. Except as otherwise provided in

16-2 this subsection, the board of trustees of a school district shall

16-3 approve all applications that are submitted. If the board of trustees

16-4 of a school district determines that a public school within the

16-5 school district does not have sufficient resources to accommodate

16-6 the total number of pupils who submitted applications for that

16-7 school, including, without limitation, a sufficient number of

16-8 classrooms or personnel, the board of trustees of the school

16-9 district shall hold a meeting in accordance with chapter 241 of

16-10 NRS to select randomly which applications will be approved. The

16-11 board of trustees of the school district shall ensure that the

16-12 random selection of applications occurs in such a manner that

16-13 every application which has been submitted for a particular school

16-14 is given an equal opportunity to be included in the selection.

16-15 5. If the board of trustees of a school district approves an

16-16 application, the board of trustees shall provide written notice of

16-17 the approval to:

16-18 (a) The person who submitted the application on behalf of the

16-19 pupil;

16-20 (b) The public school that the pupil would otherwise be

16-21 required to attend;

16-22 (c) The public school that the pupil will attend; and

16-23 (d) The board of trustees of the school district in which the

16-24 pupil resides, if the pupil will be attending a public school in

16-25 another county.

16-26 6. A pupil may remain in the public school for succeeding

16-27 school years without submitting an application pursuant to this

16-28 section if space for the pupil is available. If space for the pupil is

16-29 not available in that public school, he may return to the public

16-30 school that he is otherwise required to attend or submit an

16-31 application pursuant to this section to attend another public

16-32 school.

16-33 7. If a pupil attends a public school pursuant to this section:

16-34 (a) The pupil must be included in the count of pupils in the

16-35 school district in which the pupil attends school for the purposes

16-36 of apportionments and allowances from the State Distributive

16-37 School Account pursuant to NRS 387.121 to 387.126, inclusive.

16-38 (b) The pupil may return to the public school that he is

16-39 otherwise required to attend if the parents, legal guardian or

16-40 custodial parent of the pupil provide written notice of that desire to

16-41 the board of trustees of the school district in which the pupil

16-42 resides. If a pupil attends a public school outside the county in

16-43 which the pupil resides and he returns to the public school that he

16-44 is otherwise required to attend during the school year, appropriate

16-45 adjustments must be made for that school year in the computation

17-1 of apportionments and allowances from the State Distributive

17-2 School Account for the two school districts.

17-3 (c) Neither the board of trustees of the school district in which

17-4 the pupil attends school nor the board of trustees of the school

17-5 district in which the pupil resides is required to provide

17-6 transportation for the pupil to attend the public school.

17-7 8. The provisions of this section do not apply:

17-8 (a) For enrollment in a charter school.

17-9 (b) To a pupil who is enrolled in a public school for which the

17-10 board of trustees of the school district is required to provide school

17-11 choice pursuant to the No Child Left Behind Act of 2001, 20

17-12 U.S.C. §§ 6301 et seq.

17-13 (c) For enrollment in a program of distance education

17-14 pursuant to NRS 388.820 to 388.874, inclusive.

17-15 (d) For enrollment in a public school pursuant to

17-16 NRS 392.015.

17-17 (e) To a pupil who is ineligible to attend a public school

17-18 pursuant to NRS 392.264 or 392.4675.

17-19 9. As used in this section:

17-20 (a) “Family of low income” means a family with a monthly

17-21 household income that is at or below the federally designated level

17-22 signifying poverty.

17-23 (b) “Magnet school” means a school that offers courses of

17-24 study and programs which:

17-25 (1) Are designed to serve the special talents and academic

17-26 abilities of pupils; or

17-27 (2) Emphasize a particular area, field or topic of

17-28 instruction.

17-29 Sec. 32. NRS 392.010 is hereby amended to read as follows:

17-30 392.010 Except as to the attendance of a pupil pursuant to NRS

17-31 388.820 to 388.874, inclusive, or 392.015[,] and section 31 of this

17-32 act, or a pupil who is ineligible for attendance pursuant to NRS

17-33 392.4675 and except as otherwise provided in NRS 392.264 and

17-34 392.268:

17-35 1. The board of trustees of any school district may, with the

17-36 approval of the Superintendent of Public Instruction:

17-37 (a) Admit to the school or schools of the school district any

17-38 pupil or pupils living in an adjoining school district within this state

17-39 or in an adjoining state when the school district of residence in the

17-40 adjoining state adjoins the receiving Nevada school district; or

17-41 (b) Pay tuition for pupils residing in the school district but who

17-42 attend school in an adjoining school district within this state or in an

17-43 adjoining state when the receiving district in the adjoining state

17-44 adjoins the school district of Nevada residence.

18-1 2. With the approval of the Superintendent of Public

18-2 Instruction, the board of trustees of the school district in which the

18-3 pupil or pupils reside and the board of trustees of the school district

18-4 in which the pupil or pupils attend school shall enter into an

18-5 agreement providing for the payment of such tuition as may be

18-6 agreed upon, but transportation costs must be paid by the board of

18-7 trustees of the school district in which the pupil or pupils reside:

18-8 (a) If any are incurred in transporting a pupil or pupils to an

18-9 adjoining school district within the State; and

18-10 (b) If any are incurred in transporting a pupil or pupils to an

18-11 adjoining state, as provided by the agreement.

18-12 3. In addition to the provisions for the payment of tuition and

18-13 transportation costs for pupils admitted to an adjoining school

18-14 district as provided in subsection 2, the agreement may contain

18-15 provisions for the payment of reasonable amounts of money to

18-16 defray the cost of operation, maintenance and depreciation of capital

18-17 improvements which can be allocated to such pupils.

18-18 Sec. 33. NRS 392.070 is hereby amended to read as follows:

18-19 392.070 1. Attendance required by the provisions of NRS

18-20 392.040 must be excused when satisfactory written evidence is

18-21 presented to the board of trustees of the school district in which the

18-22 child resides that the child is [receiving] :

18-23 (a) Receiving at home or in some other school equivalent

18-24 instruction of the kind and amount approved by the State Board.

18-25 (b) Participating in the Program of Voucher Schools pursuant

18-26 to sections 2 to 16, inclusive, of this act and enrolled in a voucher

18-27 school.

18-28 2. The board of trustees of each school district shall provide

18-29 programs of special education and related services for children who

18-30 are exempt from compulsory attendance pursuant to subsection 1

18-31 and receive instruction at home. The programs of special education

18-32 and related services required by this section must be made available:

18-33 (a) Only if a child would otherwise be eligible for participation

18-34 in programs of special education and related services pursuant to

18-35 NRS 388.440 to 388.520, inclusive;

18-36 (b) In the same manner that the board of trustees provides, as

18-37 required by 20 U.S.C. § 1412, for the participation of pupils with

18-38 disabilities who are enrolled in private schools within the school

18-39 district voluntarily by their parents or legal guardians; and

18-40 (c) In accordance with the same requirements set forth in 20

18-41 U.S.C. § 1412 which relate to the participation of pupils with

18-42 disabilities who are enrolled in private schools within the school

18-43 district voluntarily by their parents or legal guardians.

18-44 3. Except as otherwise provided in subsection 2 for programs

18-45 of special education and related services, upon the request of a

19-1 parent or legal guardian of a child who is enrolled in a private

19-2 school or who receives instruction at home, the board of trustees of

19-3 the school district in which the child resides shall authorize the child

19-4 to participate in a class that is not available to the child at the private

19-5 school or home school or participate in an extracurricular activity,

19-6 excluding sports, at a public school within the school district if:

19-7 (a) Space for the child in the class or extracurricular activity is

19-8 available; and

19-9 (b) The parent or legal guardian demonstrates to the satisfaction

19-10 of the board of trustees that the child is qualified to participate in the

19-11 class or extracurricular activity.

19-12 If the board of trustees of a school district authorizes a child to

19-13 participate in a class or extracurricular activity, excluding sports,

19-14 pursuant to this subsection, the board of trustees is not required to

19-15 provide transportation for the child to attend the class or activity.

19-16 4. The board of trustees of a school district may revoke its

19-17 approval for a pupil to participate in a class or extracurricular

19-18 activity at a public school pursuant to subsection 3 if the board of

19-19 trustees or the public school determines that the pupil has failed to

19-20 comply with applicable statutes, or applicable rules and regulations

19-21 of the board of trustees. If the board of trustees revokes its approval,

19-22 neither the board of trustees nor the public school [are] is liable for

19-23 any damages relating to the denial of services to the pupil.

19-24 5. The programs of special education and related services

19-25 required by subsection 2 may be offered at a public school or

19-26 another location that is appropriate.

19-27 6. The Department may adopt such regulations as are necessary

19-28 for the boards of trustees of school districts to provide the programs

19-29 of special education and related services required by subsection 2.

19-30 7. As used in this section, “related services” has the meaning

19-31 ascribed to it in 20 U.S.C. § 1401(22).

19-32 Sec. 34. NRS 392.466 is hereby amended to read as follows:

19-33 392.466 1. Except as otherwise provided in this section, any

19-34 pupil who commits a battery which results in the bodily injury of an

19-35 employee of the school or who sells or distributes any controlled

19-36 substance while on the premises of any public school, at an activity

19-37 sponsored by a public school or on any school bus must, for the first

19-38 occurrence, be suspended or expelled from that school, although he

19-39 may be placed in another kind of school, for at least a period equal

19-40 to one semester for that school. For a second occurrence, the pupil

19-41 must:

19-42 (a) Be permanently expelled from that school; and

19-43 (b) Receive equivalent instruction authorized by the State Board

19-44 pursuant to paragraph (a) of subsection 1 of NRS 392.070.

20-1 2. Except as otherwise provided in this section, any pupil who

20-2 is found in possession of a firearm or a dangerous weapon while on

20-3 the premises of any public school, at an activity sponsored by a

20-4 public school or on any school bus must, for the first occurrence, be

20-5 expelled from the school for a period of not less than 1 year,

20-6 although he may be placed in another kind of school for a period not

20-7 to exceed the period of the expulsion. For a second occurrence, the

20-8 pupil must:

20-9 (a) Be permanently expelled from the school; and

20-10 (b) Receive equivalent instruction authorized by the State

20-11 Board pursuant to paragraph (a) of subsection 1 of

20-12 NRS 392.070.

20-13 The superintendent of schools of a school district may, for good

20-14 cause shown in a particular case in that school district, allow an

20-15 exception to the expulsion requirement of this subsection.

20-16 3. Except as otherwise provided in this section, if a pupil is

20-17 deemed a habitual disciplinary problem pursuant to NRS 392.4655,

20-18 the pupil must be suspended or expelled from the school for a period

20-19 equal to at least one semester for that school. For the period of his

20-20 suspension or expulsion, the pupil must receive equivalent

20-21 instruction authorized by the State Board pursuant to paragraph (a)

20-22 of subsection 1 of NRS 392.070.

20-23 4. This section does not prohibit a pupil from having in his

20-24 possession a knife or firearm with the approval of the principal of

20-25 the school. A principal may grant such approval only in accordance

20-26 with the policies or regulations adopted by the board of trustees of

20-27 the school district.

20-28 5. Any pupil in grades 1 to 6, inclusive, except a pupil who has

20-29 been found to have possessed a firearm in violation of subsection 2,

20-30 may be suspended from school or permanently expelled from school

20-31 pursuant to this section only after the board of trustees of the school

20-32 district has reviewed the circumstances and approved this action in

20-33 accordance with the procedural policy adopted by the board for such

20-34 issues.

20-35 6. A pupil who is participating in a program of special

20-36 education pursuant to NRS 388.520, other than a pupil who is gifted

20-37 and talented, may, in accordance with the procedural policy adopted

20-38 by the board of trustees of the school district for such matters, be:

20-39 (a) Suspended from school pursuant to this section for not more

20-40 than 10 days. Such a suspension may be imposed pursuant to this

20-41 paragraph for each occurrence of conduct proscribed by

20-42 subsection 1.

20-43 (b) Suspended from school for more than 10 days or

20-44 permanently expelled from school pursuant to this section only after

20-45 the board of trustees of the school district has reviewed the

21-1 circumstances and determined that the action is in compliance with

21-2 the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400

21-3 et seq.

21-4 7. As used in this section:

21-5 (a) “Battery” has the meaning ascribed to it in paragraph (a) of

21-6 subsection 1 of NRS 200.481.

21-7 (b) “Dangerous weapon” includes, without limitation, a

21-8 blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk

21-9 or dagger, a nunchaku, switchblade knife or trefoil, as defined in

21-10 NRS 202.350, a butterfly knife or any other knife described in NRS

21-11 202.350, or any other object which is used, or threatened to be used,

21-12 in such a manner and under such circumstances as to pose a threat

21-13 of, or cause, bodily injury to a person.

21-14 (c) “Firearm” includes, without limitation, any pistol, revolver,

21-15 shotgun, explosive substance or device, and any other item included

21-16 within the definition of a “firearm” in 18 U.S.C. § 921, as that

21-17 section existed on July 1, 1995.

21-18 Sec. 35. NRS 394.103 is hereby amended to read as follows:

21-19 394.103 “Private schools” means private elementary and

21-20 secondary educational institutions. The term does not include a

21-21 home in which instruction is provided to a child who is excused

21-22 from compulsory attendance pursuant to paragraph (a) of

21-23 subsection 1 of NRS 392.070.

21-24 Sec. 36. NRS 394.130 is hereby amended to read as follows:

21-25 394.130 1. In order to secure uniform and standard work for

21-26 pupils in private schools in this state, instruction in the subjects

21-27 required by law for pupils in the public schools [shall] must be

21-28 required of pupils receiving instruction in such private schools,

21-29 either under the regular state courses of study prescribed by the

21-30 State Board [of Education] or under courses of study prepared by

21-31 such private schools and approved by the State Board . [of

21-32 Education.]

21-33 2. Such private schools [shall] must be required to furnish from

21-34 time to time such reports as the Superintendent of Public Instruction

21-35 may find necessary as to enrollment, attendance and general

21-36 progress within such schools.

21-37 3. [Nothing in this section shall be so construed as:

21-38 (a) To interfere] This section is not intended to:

21-39 (a) Interfere with the right of the proper authorities having

21-40 charge of private schools to give religious instruction to the pupils

21-41 enrolled therein.

21-42 (b) [To] Except as otherwise provided in section 16 of this act,

21-43 give such private schools any right to share in the money for the

21-44 system of public [school funds] education apportioned for the

21-45 support of the system of public [schools] education of this state.

22-1 Sec. 37. NRS 41.0305 is hereby amended to read as follows:

22-2 41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term

22-3 “political subdivision” includes an organization that was officially

22-4 designated as a community action agency pursuant to 42 U.S.C. §

22-5 2790 before that section was repealed and is included in the

22-6 definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the

22-7 Nevada Rural Housing Authority, an airport authority created by

22-8 special act of the Legislature, a regional transportation commission

22-9 and a fire protection district, irrigation district, school district,

22-10 governing body of a charter school and other special district that

22-11 performs a governmental function, even though it does not exercise

22-12 general governmental powers. The term does not include a voucher

22-13 school that is operating pursuant to sections 2 to 16, inclusive, of

22-14 this act.

22-15 Sec. 38. NRS 241.015 is hereby amended to read as follows:

22-16 241.015 As used in this chapter, unless the context otherwise

22-17 requires:

22-18 1. “Action” means:

22-19 (a) A decision made by a majority of the members present

22-20 during a meeting of a public body;

22-21 (b) A commitment or promise made by a majority of the

22-22 members present during a meeting of a public body;

22-23 (c) If a public body may have a member who is not an elected

22-24 official, an affirmative vote taken by a majority of the members

22-25 present during a meeting of the public body; or

22-26 (d) If all the members of a public body must be elected officials,

22-27 an affirmative vote taken by a majority of all the members of the

22-28 public body.

22-29 2. “Meeting”:

22-30 (a) Except as otherwise provided in paragraph (b), means:

22-31 (1) The gathering of members of a public body at which a

22-32 quorum is present to deliberate toward a decision or to take action

22-33 on any matter over which the public body has supervision, control,

22-34 jurisdiction or advisory power.

22-35 (2) Any series of gatherings of members of a public body at

22-36 which:

22-37 (I) Less than a quorum is present at any individual

22-38 gathering;

22-39 (II) The members of the public body attending one or

22-40 more of the gatherings collectively constitute a quorum; and

22-41 (III) The series of gatherings was held with the specific

22-42 intent to avoid the provisions of this chapter.

22-43 (b) Does not include a gathering or series of gatherings of

22-44 members of a public body, as described in paragraph (a), at which a

22-45 quorum is actually or collectively present:

23-1 (1) Which occurs at a social function if the members do not

23-2 deliberate toward a decision or take action on any matter over which

23-3 the public body has supervision, control, jurisdiction or advisory

23-4 power.

23-5 (2) To receive information from the attorney employed or

23-6 retained by the public body regarding potential or existing litigation

23-7 involving a matter over which the public body has supervision,

23-8 control, jurisdiction or advisory power and to deliberate toward a

23-9 decision on the matter, or both.

23-10 3. Except as otherwise provided in this subsection, “public

23-11 body” means any administrative, advisory, executive or legislative

23-12 body of the State or a local government which expends or disburses

23-13 or is supported in whole or in part by tax revenue or which

23-14 advises or makes recommendations to any entity which expends or

23-15 disburses or is supported in whole or in part by tax revenue,

23-16 including, but not limited to, any board, commission, committee,

23-17 subcommittee or other subsidiary thereof and includes an

23-18 educational foundation as defined in subsection 3 of NRS 388.750

23-19 and a university foundation as defined in subsection 3 of NRS

23-20 396.405. “Public body” does not include [the] :

23-21 (a) The Legislature of the State of Nevada.

23-22 (b) A voucher school that is operating pursuant to sections 2 to

23-23 16, inclusive, of this act.

23-24 4. “Quorum” means a simple majority of the constituent

23-25 membership of a public body or another proportion established by

23-26 law.

23-27 Sec. 39. NRS 286.070 is hereby amended to read as follows:

23-28 286.070 1. “Public employer” means the State, one of its

23-29 agencies or one of its political subdivisions, the System, irrigation

23-30 districts created under the laws of the State of Nevada, a nonprofit

23-31 corporation to which a public hospital has been conveyed or leased

23-32 pursuant to NRS 450.500, a public or quasi-public organization or

23-33 agency that is funded, at least in part, by public money, including a

23-34 regional transportation commission, a governing body of a charter

23-35 school and a council of governments created pursuant to the laws of

23-36 the State of Nevada. The term does not include a voucher school

23-37 that is operating pursuant to sections 2 to 16, inclusive, of this act.

23-38 2. State agencies are those agencies subject to state control and

23-39 supervision, including those whose employees are governed by

23-40 chapter 284 of NRS, unless specifically exempted therefrom, and

23-41 those which deposit money with the State Treasurer.

23-42 Sec. 40. On or before January 1, 2004, the Department of

23-43 Education shall adopt regulations required by section 8 of this act.

23-44 The Department shall ensure that the regulations carry out the

24-1 Program of Voucher schools in accordance with sections 2 to 16,

24-2 inclusive, of this act beginning with the 2004-2005 school year.

24-3 Sec. 41. A private school certified by the Department of

24-4 Education pursuant to section 10 of this act may commence

24-5 operation as a voucher school beginning with the 2004-2005 school

24-6 year.

24-7 Sec. 42. 1. This section and section 40 of this act become

24-8 effective on July 1, 2003.

24-9 2. Section 8 of this act becomes effective on July 1, 2003, for

24-10 the purpose of adopting regulations and on July 1, 2004, for all other

24-11 purposes.

24-12 3. Sections 1 to 7, inclusive, 9 to 39, inclusive, and 41 of this

24-13 act become effective on July 1, 2004.

24-14 H