Senate Bill No. 59–Senator Rhoads
CHAPTER..........
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes
includes all pupils who are enrolled in programs of instruction of the
school district, including, without limitation, a program of distance
education provided by the school district, or pupils who reside in the
county in which the school district is located and are enrolled in any
charter school, including, without limitation, a program of distance
education provided by a charter school, for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are
receiving special education pursuant to the provisions of NRS
388.440 to 388.520, inclusive.
(d) Pupils who reside in the county and are enrolled part time in
a program of distance education if an agreement is filed with the
Superintendent of Public Instruction pursuant to NRS 388.854 or
388.858, as applicable.
(e) Children detained in detention homes, alternative programs
and juvenile forestry camps receiving instruction pursuant to the
provisions of NRS 388.550, 388.560 and 388.570.
(f) Pupils who are enrolled in classes pursuant to subsection 4 of
NRS 386.560 and pupils who are enrolled in classes pursuant to
subsection 4 of NRS 386.580.
(g) Pupils who are enrolled in classes pursuant to subsection 3
of NRS 392.070.
(h) Pupils who are enrolled in classes and taking courses
necessary to receive a high school diploma, excluding those pupils
who are included in paragraphs (d), (f) and (g).
2. The State Board shall establish uniform regulations for
counting enrollment and calculating the average daily attendance of
pupils. In establishing such regulations for the public schools, the
State Board:
(a) Shall divide the school year into 10 school months, each
containing 20 or fewer school days[.] , or its equivalent for those
public schools operating under an alternative schedule authorized
pursuant to NRS 388.090.
(b) May divide the pupils in grades 1 to 12, inclusive, into
categories composed respectively of those enrolled in elementary
schools and those enrolled in secondary schools.
(c) Shall prohibit the counting of any pupil specified in
subsection 1 more than once.
3. Except as otherwise provided in subsection 4 and NRS
388.700, the State Board shall establish by regulation the maximum
pupil-teacher ratio in each grade, and for each subject matter
wherever different subjects are taught in separate classes, for each
school district of this state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in the school district with respect
to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational
television, team teaching or new teaching systems or
techniques.
If the Superintendent of Public Instruction finds that any school
district is maintaining one or more classes whose pupil-teacher ratio
exceeds the applicable maximum, and unless he finds that the board
of trustees of the school district has made every reasonable effort in
good faith to comply with the applicable standard, he shall, with the
approval of the State Board, reduce the count of pupils for
apportionment purposes by the percentage which the number of
pupils attending those classes is of the total number of pupils in the
district, and the State Board may direct him to withhold the
quarterly apportionment entirely.
4. The provisions of subsection 3 do not apply to a charter
school or a program of distance education provided pursuant to NRS
388.820 to 388.874, inclusive.
Sec. 2. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise [permitted pursuant to]
provided in this section, boards of trustees of school districts shall
schedule and provide a minimum of 180 days of free school in the
districts under their charge.
2. Except for an alternative schedule described in subsection
3, the Superintendent of Public Instruction may, upon application
by the board of trustees of a school district, authorize the school
district to provide a program of instruction based on an alternative
schedule if the number of minutes of instruction to be provided is
equal to or greater than the number of minutes of instruction that
would be provided in a program of instruction consisting of 180
school days. The Superintendent of Public Instruction shall notify
the board of trustees of the school district of the approval or denial
of the application not later than 30 days after the Superintendent
of Public Instruction receives the application. An alternative
schedule proposed pursuant to this subsection must be developed
in accordance with chapter 288 of NRS. If a school district is
located in a county whose population is 100,000 or more, the
school district may not submit an application pursuant to this
subsection unless the proposed alternative schedule of the school
district will apply only to a rural portion or a remote portion of the
county in which the school district is located, as defined by the
State Board pursuant to subsection 8.
3. The Superintendent of Public Instruction may, upon
application by [a] theboard of trustees [,] of a school district,
authorize a reduction of not more than 15 school days in [a] that
particular district to establish or maintain an alternative schedule
consisting of a 12-month school program [or a program involving
alternative scheduling,] if the board of trustees demonstrates that the
proposed alternative schedule for the program provides for a
[greater] number of minutes of instruction that is equal to or
greaterthan that whichwould be provided under a program
consisting of 180 school days. Before authorizing a reduction in the
number of required school days pursuant to this subsection, the
Superintendent of Public Instruction must find that the proposed
alternative schedule will be used to alleviate problems associated
with a growth in enrollment or overcrowding . [, or to establish and
maintain a program of alternative schooling, including, without
limitation, a program of distance education provided by the board of
trustees pursuant to NRS 388.820 to 388.874, inclusive.
3.] 4. The Superintendent of Public Instruction may, upon
application by a board of trustees, authorize the addition of minutes
of instruction to any scheduled day of free school if days of free
school are lost because of any interscholastic activity. Not more than
5 days of free school so lost may be rescheduled in this manner.
[4.] The provisions of this subsection do not apply to an
alternative schedule approved pursuant to subsection 2.
5. The number of minutes of instruction required for a
particular group of pupils in a program of instruction based on an
alternative schedule approved pursuant to this section must be
determined by multiplying the appropriate minimum daily period
of instruction established by the State Board by regulation for that
particular group of pupils by 180.
6. Each school district shall schedule at least 3 contingent days
of school , or its equivalent if the school district operates under an
alternative schedule authorized pursuant to this section, in
addition to the number of days required by this section, which must
be used if a natural disaster, inclement weather or an accident
necessitates the closing of a majority of the facilities within the
district.
[5.] 7. If more than 3 days of free school , or its equivalent if
the school district operates under an alternative schedule
authorized pursuant to this section, are lost because a natural
disaster, inclement weather or an accident necessitates the closing of
a majority of the facilities within a school district, the
Superintendent of Public Instruction, upon application by the school
district, may permit the additional days lost to be counted as school
days in session. The application must be submitted in the manner
prescribed by the Superintendent of Public Instruction.
[6.] 8. The State Board shall adopt regulations [providing] :
(a) Providing procedures for changing schedules of instruction
to be used if a natural disaster, inclement weather or an accident
necessitates the closing of a particular school within a school
district.
(b) Defining a rural portion of a county and a remote portion
of a county for the purposes of subsection 2.
Sec. 3. NRS 391.3115 is hereby amended to read as follows:
391.3115 1. The demotion, suspension, dismissal and
nonreemployment provisions of NRS 391.311 to 391.3197,
inclusive, do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. A licensed employee who is employed in a position fully
funded by a federal or private categorical grant or to replace another
licensed employee during that employee’s leave of absence is
employed only for the duration of the grant or leave. Such a licensed
employee and licensed employees who are employed on temporary
contracts for 90 school days or less , or its equivalent in a school
district operating under an alternative schedule authorized
pursuant to NRS 388.090, to replace licensed employees whose
employment has terminated after the beginning of the school year
are entitled to credit for that time in fulfilling any period of
probation and during that time the provisions of NRS 391.311 to
391.3197, inclusive, for demotion, suspension or dismissal apply to
them.
Sec. 4. NRS 392.019 is hereby amended to read as follows:
392.019 1. Except as otherwise provided in this subsection, if
a child is exempt from compulsory attendance pursuant to NRS
392.070, 392.100 or 392.110, and the child is employed to work in
the entertainment industry pursuant to a written contract for a period
of more than 91 school days, or its equivalent if the child resides in
a school district operating under an alternative schedule
authorized pursuant to NRS 388.090, including, without limitation,
employment with a motion picture company or employment with a
production company hired by a casino or resort hotel, the entity that
employs the child shall, upon the request of the parent or legal
guardian of the child, pay the costs for the child to receive at least 3
hours of tutoring per day for at least 5 days per week. In lieu of
tutoring, the parent or legal guardian of such a child may agree with
the entity that employs the child that the entity will pay the costs for
the child to receive other educational or instructional services which
are equivalent to tutoring. The provisions of this subsection apply
during the period of a child’s employment with an entity, regardless
of whether the child has obtained the appropriate exemption from
compulsory attendance at the time his contract with the entity is
under negotiation.
2. If such a child is exempt from compulsory attendance
pursuant to NRS 392.100 or 392.110, the tutoring or other
educational or instructional services received by the child pursuant
to subsection 1 must be approved by the board of trustees of the
school district in which the child resides.
Sec. 5. NRS 392.435 is hereby amended to read as follows:
392.435 1. Unless excused because of religious belief or
medical condition, a child may not be enrolled in a public school
within this state unless his parents or guardian submit to the board
of trustees of the school district in which the child resides or the
governing body of the charter school in which the child has been
accepted for enrollment a certificate stating that the child has been
immunized and has received proper boosters for that immunization
or is complying with the schedules established by regulation
pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State
Board of Health may determine.
2. The certificate must show that the required vaccines and
boosters were given and must bear the signature of a licensed
physician or his designee or a registered nurse or his designee,
attesting that the certificate accurately reflects the child’s record of
immunization.
3. If the requirements of subsection 1 can be met with one visit
to a physician or clinic, procedures for conditional enrollment do not
apply.
4. A child may enter school conditionally if the parent or
guardian submits a certificate from a physician or local health
officer that the child is receiving the required immunizations. If a
certificate from the physician or local health officer showing that the
child has been fully immunized is not submitted to the appropriate
school officers within 90 school days , or its equivalent in a school
district operating under an alternative schedule authorized
pursuant to NRS 388.090, after the child was conditionally
admitted, the child must be excluded from school and may not be
readmitted until the requirements for immunization have been met.
A child who is excluded from school pursuant to this section is a
neglected child for the purposes of NRS 432.100 to 432.130,
inclusive, and chapter 432B of NRS.
5. Before December 31 of each year, each school district and
the governing body of each charter school shall report to the Health
Division of the Department of Human Resources, on a form
furnished by the Division, the exact number of pupils who have
completed the immunizations required by this section.
6. The certificate of immunization must be included in the
pupil’s academic or cumulative record and transferred as part of that
record upon request.
Sec. 6. NRS 62.224 is hereby amended to read as follows:
62.224 1. In addition to any other action authorized pursuant
to the provisions of this chapter, if a child is found to be in need of
supervision because he is a habitual truant, the court shall:
(a) The first time the child is found to be in need of supervision
because he is a habitual truant:
(1) Order the child to:
(I) Pay a fine of not more than $100 pursuant to
paragraph (l) of subsection 1 of NRS 62.211 and the administrative
assessment required by NRS 62.2175; or
(II) Perform not less than 8 hours but not more than 16
hours of community service in compliance with the provisions of
subsection 3; and
(2) If the child is 14 years of age or older, order the
suspension of the child’s driver’s license for at least 30 days but not
more than 6 months. If the child does not possess a driver’s license,
the court shall prohibit the child from applying for a driver’s license
for 30 days:
(I) Immediately following the date of the order if the child
is eligible to apply for a driver’s license; or
(II) After the date he becomes eligible to apply for a
driver’s license if the child is not eligible to apply for a driver’s
license.
(b) The second or any subsequent time the child is found to be
in need of supervision because he is a habitual truant:
(1) Order the child to:
(I) Pay a fine of not more than $200 pursuant to
paragraph (l) of subsection 1 of NRS 62.211 and the administrative
assessment required by NRS 62.2175;
(II) Perform not more than 10 hours of community
service in compliance with the provisions of subsection 3; or
(III) Comply with the requirements set forth in both
sub‑subparagraphs (I) and (II); and
(2) If the child is 14 years of age or older, order the
suspension of the child’s driver’s license for at least 60 days but not
more than 1 year. If the child does not possess a driver’s license, the
court shall prohibit the child from applying for a driver’s license for
60 days:
(I) Immediately following the date of the order if the child
is eligible to apply for a driver’s license; or
(II) After the date he becomes eligible to apply for a
driver’s license if the child is not eligible to apply for a driver’s
license.
2. The court may suspend the payment of a fine ordered
pursuant to paragraph (a) of subsection 1 if the child attends school
for 60 consecutive school days , or its equivalent in a school
district operating under an alternative schedule authorized
pursuant to NRS 388.090, after the imposition of the fine, or has a
valid excuse acceptable to his teacher or the principal for any
absence from school within that period.
3. The community service ordered pursuant to paragraph (a) or
(b) of subsection 1 must be performed:
(a) For and under the supervising authority of a county, city,
town or other political subdivision or agency of this state or a
charitable organization that renders service to the community or its
residents; and
(b) At the child’s school of attendance, if practicable.
4. If the court issues an order suspending a child’s driver’s
license pursuant to subsection 1, the court shall require the child to
surrender to the court all driver’s licenses then held by the child.
Sec. 7. 1. If the board of trustees of a school district provides
a program of instruction based upon an alternative schedule
pursuant to subsection 2 of section 2 of this act, the board of trustees
shall, on or before December 31, 2004, submit a written report to the
Superintendent of Public Instruction. The report must include:
(a) A description of the alternative schedule; and
(b) An evaluation of the effect of the alternative schedule on the
pupils, parents and legal guardians and community.
2. The Superintendent of Public Instruction shall:
(a) Compile the reports, if any, submitted pursuant to subsection
1; and
(b) On or before February 1, 2005, submit a written report of the
compilation to the Director of the Legislative Counsel Bureau for
transmission to the 73rd Session of the Nevada Legislature.
Sec. 8. This act becomes effective on July 1, 2003.
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