SB503

Senate Bill No. 503–Committee on Finance

CHAPTER..........

AN ACT relating to education; providing for the participation of homeschooled children in interscholastic activities and events under certain circumstances; requiring the association formed for the purposes of controlling, supervising and regulating interscholastic events to adopt regulations governing the participation of homeschooled children; requiring the association to consult with certain homeschool advisory councils concerning the adoption and revisions of such regulations; revising the minimum qualifications for receipt of a millennium scholarship; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.007 is hereby amended to read as follows:

385.007 As used in this title, unless the context otherwise

requires:

1. “Charter school” means a public school that is formed

pursuant to the provisions of NRS 386.500 to 386.610, inclusive.

2. “Department” means the Department of Education.

3. “Homeschooled child” means a child who receives

instruction at home and who is exempt from compulsory

attendance pursuant to NRS 392.070.

4. “Public schools” means all kindergartens and elementary

schools, junior high schools and middle schools, high schools,

charter schools and any other schools, classes and educational

programs which receive their support through public taxation and,

except for charter schools, whose textbooks and courses of study are

under the control of the State Board.

[4.] 5. “State Board” means the State Board of Education.

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

thereto the provisions set forth as sections 3, 4 and 5 of this act.

Sec. 3. 1. A homeschooled child must be allowed to

participate in interscholastic activities and events in accordance

with the regulations adopted by the association pursuant to

NRS 386.430.

2. The provisions of NRS 386.420 to 386.470, inclusive, and

sections 3, 4 and 5 of this act and the regulations adopted

pursuant thereto that apply to pupils enrolled in public schools

who participate in interscholastic activities and events apply in the

same manner to homeschooled children who participate in

interscholastic activities and events, including, without limitation,

provisions governing:

(a) Eligibility and qualifications for participation;

(b) Fees for participation;

(d) Transportation;

(e) Requirements of physical examination;

(f) Responsibilities of participants;

(g) Schedules of events;

(h) Safety and welfare of participants;

(i) Eligibility for awards, trophies and medals;

(j) Conduct of behavior and performance of participants; and

(k) Disciplinary procedures.

Sec. 4. No challenge may be brought by the association, a

school district, a public school or a private school, a parent or

guardian of a pupil enrolled in a public school or a private school,

a pupil enrolled in a public school or private school, or any other

entity or person, claiming that an interscholastic activity or event

is invalid because homeschooled children are allowed to

participate in the interscholastic activity or event.

Sec. 5. A school district, public school or private school shall

not prescribe any regulations, rules, policies, procedures or

requirements governing the:

1. Eligibility of homeschooled children to participate in

interscholastic activities and events pursuant to NRS 386.420 to

386.470, inclusive, and sections 3, 4 and 5 of this act; or

2. Participation of homeschooled children in interscholastic

activities and events pursuant to NRS 386.420 to 386.470,

inclusive, and sections 3, 4 and 5 of this act,

that are more restrictive than the provisions governing eligibility

and participation prescribed by the association pursuant to

NRS 386.430.

Sec. 6. NRS 386.430 is hereby amended to read as follows:

386.430 1. The association shall adopt rules and regulations

in the manner provided for state agencies by chapter 233B of NRS,

as may be necessary to carry out the provisions of NRS 386.420 to

386.470, inclusive[.] , and sections 3, 4 and 5 of this act. The

regulations must include provisions governing the eligibility and

participation of homeschooled children in interscholastic activities

and events.

2. If the association intends to adopt, repeal or amend a

policy, rule or regulation concerning or affecting homeschooled

children, the association shall consult with the Northern Nevada

Homeschool Advisory Council and the Southern Nevada

Homeschool Advisory Council, or their successor organizations, to

provide those Councils with a reasonable opportunity to submit

data, opinions or arguments, orally or in writing, concerning the

proposal or change. The association shall consider all written and

oral submissions respecting the proposal or change before taking

final action.

Sec. 7. NRS 386.580 is hereby amended to read as follows:

386.580 1. An application for enrollment in a charter school

may be submitted to the governing body of the charter school by the

parent or legal guardian of any child who resides in this state.

Except as otherwise provided in this subsection, a charter school

shall enroll pupils who are eligible for enrollment in the order in

which the applications are received. If the board of trustees of the

school district in which the charter school is located has established

zones of attendance pursuant to NRS 388.040, the charter school

shall, if practicable, ensure that the racial composition of pupils

enrolled in the charter school does not differ by more than 10

percent from the racial composition of pupils who attend public

schools in the zone in which the charter school is located. If more

pupils who are eligible for enrollment apply for enrollment in

the charter school than the number of spaces which are available,

the charter school shall determine which applicants to enroll on the

basis of a lottery system.

2. Except as otherwise provided in subsection 6, a charter

school shall not accept applications for enrollment in the charter

school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(d) Ethnicity; or

(e) Disability,

of a pupil.

3. If the governing body of a charter school determines that the

charter school is unable to provide an appropriate special education

program and related services for a particular disability of a pupil

who is enrolled in the charter school, the governing body may

request that the board of trustees of the school district of the county

in which the pupil resides transfer that pupil to an appropriate

school.

4. Except as otherwise provided in this subsection, upon the

request of a parent or legal guardian of a child who is enrolled in a

public school of a school district or a private school, or [who

receives instruction at home,] a parent or legal guardian of a

homeschooled child, the governing body of the charter school shall

authorize the child to participate in a class that is not otherwise

available to the child at his school or home school or participate in

an extracurricular activity at the charter school if:

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

available; and

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

of the governing body that the child is qualified to participate in the

class or extracurricular activity.

If the governing body of a charter school authorizes a child to

participate in a class or extracurricular activity pursuant to this

subsection, the governing body is not required to provide

transportation for the child to attend the class or activity. A charter

school shall not authorize such a child to participate in a class or

activity through a program of distance education provided by the

charter school pursuant to NRS 388.820 to 388.874, inclusive.

5. The governing body of a charter school may revoke its

approval for a child to participate in a class or extracurricular

activity at a charter school pursuant to subsection 4 if the governing

body determines that the child has failed to comply with applicable

statutes, or applicable rules and regulations. If the governing body

so revokes its approval, neither the governing body nor the charter

school is liable for any damages relating to the denial of services to

the child.

6. This section does not preclude the formation of a charter

school that is dedicated to provide educational services exclusively

to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that they

warrant an educational program specifically designed to serve a

single gender and emphasize personal responsibility and

rehabilitation; or

If more eligible pupils apply for enrollment in such a charter school

than the number of spaces which are available, the charter school

shall determine which applicants to enroll on the basis of a lottery

system.

Sec. 8. NRS 392.070 is hereby amended to read as follows:

392.070 1. Attendance required by the provisions of NRS

392.040 must be excused when satisfactory written evidence is

presented to the board of trustees of the school district in which the

child resides that the child is receiving at home or in some other

school equivalent instruction of the kind and amount approved by

the State Board.

2. The board of trustees of each school district shall provide

programs of special education and related services for

homeschooled children . [who are exempt from compulsory

attendance pursuant to subsection 1 and receive instruction at

home.] The programs of special education and related services

required by this section must be made available:

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

in programs of special education and related services pursuant to

NRS 388.440 to 388.520, inclusive;

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

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

disabilities who are enrolled in private schools within the school

district voluntarily by their parents or legal guardians; and

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

disabilities who are enrolled in private schools within the school

district voluntarily by their parents or legal guardians.

3. Except as otherwise provided in subsection 2 for programs

of special education and related services, upon the request of a

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

school or [who receives instruction at home,] a parent or legal

guardian of a homeschooled child, the board of trustees of the

school district in which the child resides shall authorize the child to

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

school or home school or participate in an extracurricular activity,

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

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

available; and

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

of the board of trustees that the child is qualified to participate in the

class or extracurricular activity.

If the board of trustees of a school district authorizes a child to

participate in a class or extracurricular activity, excluding sports,

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

provide transportation for the child to attend the class or activity. A

homeschooled child must be allowed to participate in

interscholastic activities and events pursuant to NRS 386.420 to

386.470, inclusive, and sections 3, 4 and 5 of this act.

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

approval for a pupil to participate in a class or extracurricular

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

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

comply with applicable statutes, or applicable rules and regulations

of the board of trustees. If the board of trustees revokes its approval,

neither the board of trustees nor the public school are liable for any

damages relating to the denial of services to the pupil.

5. The programs of special education and related services

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

another location that is appropriate.

6. The Department may adopt such regulations as are necessary

for the boards of trustees of school districts to provide the programs

of special education and related services required by subsection 2.

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

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

Sec. 9. NRS 396.930 is hereby amended to read as follows:

396.930 1. Except as otherwise provided in subsections 2 and

3, a student may apply to the Board of Regents for a millennium

scholarship if he:

(a) Has been a resident of this state for at least 2 years before he

applies for the scholarship;

(b) Except as otherwise provided in paragraph (c), graduated

from a public or private high school in this state:

(1) After May 1, 2000 [; and

(2) Not] , but not later than May 1, 2003; or

(2) After May 1, 2003, and, except as otherwise provided in

paragraph (c) of subsection 2, not more than [8] 6 years before he

applies for the scholarship;

(1) Was enrolled as a pupil in a public or private high school

in this state with a class of pupils who were regularly scheduled to

graduate after May 1, 2000;

(2) Received his high school diploma within [5] 4 years after

he was regularly scheduled to graduate; and

(3) Applies for the scholarship not more than [8] 6 years after

he was regularly scheduled to graduate from high school;

(d) Maintained [at least a 3.0 grade-point average on a 4.0

grading scale] in high school in the [core curriculum, as determined]

courses designated by the Board of Regents pursuant to paragraph

(b) of subsection 2 [;] , at least:

(1) A 3.0 grade-point average on a 4.0 grading scale, if he

was a member of the graduating class of 2003 or 2004;

(2) A 3.1 grade-point average on a 4.0 grading scale, if he

was a member of the graduating class of 2005 or 2006; or

(3) A 3.25 grade-point average on a 4.0 grading scale, if he

was a member of the graduating class of 2007 or a later

graduating class; and

(e) Is enrolled in at least:

(1) Six semester credit hours in a community college within

the System; or

(2) Twelve semester credit hours in another eligible

institution.

2. The Board of Regents [shall:

(a) Define] :

(a) Shall define the core curriculum that a student must

complete in high school to be eligible for a millennium scholarship.

(b) [Develop a plan to ensure that needy students and students

from families that otherwise could not afford to send their children

to college receive millennium scholarships.] Shall designate the

courses in which a student must earn the minimum grade-point

averages set forth in paragraph (d) of subsection 1.

been on active duty serving in the Armed Forces of the United

States to exempt such students from the 6-year limitation on

applications that is set forth in subparagraph (2) of paragraph (b)

of subsection 1.

3. Except as otherwise provided in paragraph (c) of subsection

1, for students who did not graduate from a public or private high

school in this state and who have been residents of this state for at

least 2 years, the Board of Regents shall establish:

(a) The minimum score on a standardized test that such students

must receive; or

(b) Other criteria that students must meet,

to be eligible for millennium scholarships.

4. In awarding scholarships, the Board of Regents shall

enhance its outreach to students who:

(a) Are pursuing a career in education or health care;

(b) Come from families who lack sufficient financial resources

to pay for the costs of sending their children to an eligible

institution; or

antialcohol program during high school.

Sec. 10. NRS 396.934 is hereby amended to read as follows:

396.934 1. Within the limits of money available in the Trust

Fund, a student who is eligible for a millennium scholarship is

entitled to receive:

(a) If he is enrolled in a community college within the System,

$40 per credit for each lower division course and $60 per credit for

each upper division course in which the student is enrolled, or the

amount of money that is necessary for the student to pay the costs of

attending the community college that are not otherwise satisfied by

other grants or scholarships, whichever is less. The Board of

Regents shall provide for the designation of upper and lower

division courses for the purposes of this paragraph.

(b) If he is enrolled in a state college within the System, $60 per

credit for which the student is enrolled, or the amount of money that

is necessary for the student to pay the costs of attending the state

college that are not otherwise satisfied by other grants or

scholarships, whichever is less.

for which the student is enrolled, or the amount of money that is

necessary for the student to pay the costs of attending the university

that are not otherwise satisfied by other grants or scholarships,

whichever is less.

No student may be awarded a scholarship for a total amount in

excess of $10,000.

2. A student who receives a millennium scholarship shall:

(a) Make satisfactory academic progress toward a recognized

degree or certificate, as determined by the Board of Regents

pursuant to subsection 5; and

(b) [Maintain] If the student graduated from high school after

May 1, 2003, maintain at least a [2.0] 2.6 grade-point average on a

4.0 grading scale.

3. A millennium scholarship must be used only:

(a) For the payment of registration fees and laboratory fees and

expenses;

(b) To purchase required textbooks and course materials; and

eligible institution.

4. The Board of Regents shall certify a list of eligible students

to the State Treasurer. The State Treasurer shall disburse a

millennium scholarship for each semester on behalf of an eligible

student directly to the eligible institution in which the student is

enrolled, upon certification from the eligible institution of the

number of credits for which the student is enrolled, which must

meet or exceed the minimum number of credits required for

eligibility and certification that the student is in good standing and

making satisfactory academic progress toward a recognized degree

or certificate, as determined by the Board of Regents pursuant to

subsection 5. The scholarship must be administered by the eligible

institution as other similar scholarships are administered and may be

used only for the expenditures authorized pursuant to subsection 3.

5. The Board of Regents shall establish criteria for determining

whether a student is making satisfactory academic progress toward a

recognized degree or certificate for purposes of subsection 4.

Sec. 11. This act becomes effective on July 1, 2003.

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