[Rev. 12/20/2019 4:59:36 PM]
κ2019 Statutes of Nevada, Page 1973κ
Senate Bill No. 276Senator Cancela
CHAPTER 324
[Approved: June 3, 2019]
AN ACT relating to prescription drugs; directing the Legislative Commission to appoint a committee to conduct an interim study concerning the costs of prescription drugs in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill directs the Legislative Commission to appoint a committee to conduct an interim study concerning the issue of the costs of prescription drugs in this State and the impact of rebates, reductions in price and other remuneration from drug manufacturers on prescription drug prices.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-24. (Deleted by amendment.)
Sec. 25. 1. The Legislative Commission shall appoint a committee to conduct an interim study concerning the cost of prescription drugs in this State and the impact of rebates, reductions in price and other remuneration from manufacturers on prescription drug prices.
2. The interim committee must be composed of six Legislators as follows:
(a) Two members appointed by the Majority Leader of the Senate;
(b) Two members appointed by the Speaker of the Assembly;
(c) One member appointed by the Minority Leader of the Senate; and
(d) One member appointed by the Minority Leader of the Assembly.
3. The Legislative Commission shall appoint a Chair and Vice Chair from among the members of the interim committee.
4. In conducting the study, the interim committee shall consult with and solicit input from persons and organizations with expertise in matters relevant to the costs of prescription drugs and the impact of rebates, reductions in price and other remuneration from manufacturers on prescription drug prices.
5. The interim committee shall study and examine:
(a) The overall costs of prescription drugs in this State, including, without limitation, a comparison of those costs with other states;
(b) The impact of rebates, reductions in price and other remuneration from manufacturers on the overall costs of prescription drugs in this State; and
(c) Opportunities and options for lowering the costs of prescription drugs to make those drugs more affordable for the residents of this State.
6. The Legislative Commission shall submit a report of the results of the study, including any recommendations for legislation to:
(a) The Legislative Committee on Health Care; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.
κ2019 Statutes of Nevada, Page 1974 (CHAPTER 324, SB 276)κ
7. As used in this section, manufacturer has the meaning ascribed to it in NRS 639.009.
Sec. 26. This act becomes effective on July 1, 2019.
________
Senate Bill No. 295Senator Spearman
CHAPTER 325
[Approved: June 3, 2019]
AN ACT relating to education; creating the Nevada National Guard Youth Challenge Program; setting forth the requirements for the operation of the Program; requiring the Office of the Military to enter into an agreement with the Superintendent of Public Instruction and the board of trustees of a school district to establish a challenge school; setting forth certain requirements for the operation of a challenge school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 11 of this bill creates the Nevada National Guard Youth Challenge Program, to be administered by the Office of the Military, for the purposes of educating, training and mentoring youths who have dropped out of or are at risk of dropping out of high school. Section 11 sets forth the requirements for the operation of the Program, consisting of: (1) a residential component lasting at least 22 weeks in which certain courses of study must be taught to Program participants; and (2) a nonresidential component lasting at least 12 months in which Program participants must be monitored and mentored. Section 12 of this bill creates the Nevada National Guard Youth Challenge Program Account in the State General Fund.
Section 13 of this bill requires the Office of the Military to enter into an agreement with the Superintendent of Public Instruction and the board of trustees of a school district to establish a challenge school, which is generally defined in section 8 of this bill as a public school, administered by the Office of the Military to provide a full-time alternative program of education in accordance with the Nevada National Guard Youth Challenge Program. Section 13 requires such an agreement to establish a challenge school to contain certain provisions relating to how the school will function and how the Superintendent will count enrollment and calculate the daily average attendance of pupils enrolled at the school.
Existing law establishes the academic subjects, standards and courses of study for the public schools in this State. (Chapter 389 of NRS) Section 14 of this bill exempts a challenge school from these provisions and authorizes the Superintendent of Public Instruction to waive certain other provisions relating to education with respect to a challenge school. Similarly, section 4 of this bill exempts a challenge school from certain requirements for a maximum pupil-teacher ratio. Section 5 of this bill exempts a challenge school from the requirement that a school district schedule and provide a minimum of 180 days of free school.
Section 16 of this bill provides that a pupil who has earned credits from a course of study offered by a challenge school is authorized to apply such credits towards the credits required for graduation from a high school or charter school or for the receipt of an adult standard diploma.
Section 18 of this bill requires the Office of the Military to adopt certain rules of behavior for pupils enrolled at a challenge school. Section 19 of this bill requires a school district that houses a challenge school to submit certain information to the Department of Education regarding the expenditures of a challenge school.
κ2019 Statutes of Nevada, Page 1975 (CHAPTER 325, SB 295)κ
Existing law requires the Superintendent of Public Instruction to apportion the State Distributive School Account in the State General Fund among the school districts, charter schools and university schools for profoundly gifted pupils in certain amounts based on a formula. This formula bases the States financial obligation to programs of instruction partially on the number of pupils involved in such programs. (NRS 387.121-387.1245) Sections 2, 3 and 20 of this bill require pupils enrolled in a challenge school be counted for the purposes of determining apportionments from the State Distributive School Account.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
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. Achievement charter school means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.
2. Challenge school has the meaning ascribed to it in section 8 of this act.
3. Department means the Department of Education.
[3.] 4. English learner has the meaning ascribed to it in 20 U.S.C. § 7801(20).
[4.] 5. Homeschooled child means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.
[5.] 6. Local school precinct has the meaning ascribed to it in NRS 388G.535.
[6.] 7. Opt-in child means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.
[7.] 8. 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 [,] and challenge schools, whose textbooks and courses of study are under the control of the State Board.
[8.] 9. School bus has the meaning ascribed to it in NRS 484A.230.
[9.] 10. State Board means the State Board of Education.
[10.] 11. University school for profoundly gifted pupils has the meaning ascribed to it in NRS 388C.040.
Sec. 2. NRS 387.1223 is hereby amended to read as follows:
387.1223 1. On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.
2. Except as otherwise provided in subsection 3, basic support of each school district must be computed by:
κ2019 Statutes of Nevada, Page 1976 (CHAPTER 325, SB 295)κ
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.
(2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during the quarter.
(3) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474, subsection 1 of NRS 392.074, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
(8) The count of pupils enrolled in a challenge school based on the average daily enrollment of those pupils calculated in the manner set forth in an agreement entered into pursuant to section 13 of this act.
(b) Adding the amounts computed in paragraph (a).
κ2019 Statutes of Nevada, Page 1977 (CHAPTER 325, SB 295)κ
3. Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
4. If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
5. The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
6. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
7. Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.
8. Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 3. 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, 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, [and] pupils who are enrolled in a university school for profoundly gifted pupils located in the county [,] and pupils who are enrolled in a challenge school located in the county, 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 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.
(d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
(e) Children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
κ2019 Statutes of Nevada, Page 1978 (CHAPTER 325, SB 295)κ
(f) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.471, pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.474 and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school.
(g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.
(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).
(i) Pupils who are enrolled in a challenge school.
2. The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. Except as otherwise provided in this subsection, in establishing such regulations for the public schools, the State Board:
(a) 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.
(b) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
(c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department. Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
Sec. 4. NRS 387.1234 is hereby amended to read as follows:
387.1234 1. Except as otherwise provided in subsection 3 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.
2. 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 the Superintendent finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the Superintendent 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 the Superintendent to withhold the quarterly apportionment entirely.
3. The provisions of this section do not apply to a charter school, a university school for profoundly gifted pupils , [or] a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive [.] , or a challenge school.
κ2019 Statutes of Nevada, Page 1979 (CHAPTER 325, SB 295)κ
Sec. 5. NRS 388.090 is hereby amended to read as follows:
388.090 1. Except as otherwise provided in this section [,] and section 13 of this act, 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 board of trustees of the school district may not submit an application pursuant to this subsection unless the proposed alternative schedule of the school district:
(a) 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 6; or
(b) Is designed solely for the purpose of providing regular professional development to educational personnel and such professional development is focused on analyzing and discussing measures of the performance of pupils and identifying appropriate instructional strategies to improve the achievement of pupils.
3. The Superintendent of Public Instruction may, upon application by the board of trustees of a school district, authorize a reduction of not more than 15 school days in that particular district to establish or maintain an alternative schedule consisting of a 12-month school program if the board of trustees demonstrates that the proposed alternative schedule for the program provides for a number of minutes of instruction that is equal to or greater than that which would 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.
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. 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 and NRS 388.095 and 388.097 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.
κ2019 Statutes of Nevada, Page 1980 (CHAPTER 325, SB 295)κ
6. The State Board shall adopt regulations defining a rural portion of a county and a remote portion of a county for the purposes of subsection 2.
Sec. 6. Chapter 388D of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 21, inclusive, of this act.
Sec. 7. As used in sections 7 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8, 9 and 10 of this act have the meanings ascribed to them in those sections.
Sec. 8. Challenge school means a public high school that:
1. Is administered by the Office of the Military;
2. Is established through an agreement between the Office of the Military, the Superintendent of Public Instruction and the board of trustees of a school district; and
3. Provides a full-time alternative program of education in accordance with the Nevada National Guard Youth Challenge Program created by section 11 of this act.
Sec. 9. Participant means a person who has been approved by the Office of the Military to participate in the Program. The term includes:
1. A pupil enrolled in a challenge school; and
2. A person participating in the nonresidential component of the Program.
Sec. 10. Program means the Nevada National Guard Youth Challenge Program created by section 11 of this act.
Sec. 11. 1. The Nevada National Guard Youth Challenge Program is hereby created for the purposes of educating, training and mentoring youth who have dropped out of high school or who are at risk of dropping out of high school so that they may become productive, employed and law-abiding citizens.
2. The Office of the Military shall administer the Program. The Program must include:
(a) The establishment of a challenge school located within a school district in this State.
(b) A residential component lasting at least 22 weeks.
(c) Courses of study provided during the residential component described in paragraph (b) that include, without limitation:
(1) Courses focusing on academic excellence, life coping skills, employment skills, health and hygiene, responsible citizenship, service to the community, leadership and followership skills and physical fitness; and
(2) Courses that allow a participant to receive credit in accordance with the agreement entered into pursuant to section 13 of this act.
(d) A nonresidential component lasting at least 12 months following the completion of the residential component.
(e) One-on-one mentoring with a participant during the nonresidential component described in paragraph (d).
(f) Monitoring of the participant by a case manager during the nonresidential component described in paragraph (d).
3. A person who wishes to apply to participate in the Program must submit an application on a form prescribed by the Office of the Military. The Office of the Military shall establish guidelines for the submission and review of applications to participate in the Program. Such guidelines must give special consideration to an eligible child of a military family, as defined in NRS 388F.010.
κ2019 Statutes of Nevada, Page 1981 (CHAPTER 325, SB 295)κ
4. The Office of the Military shall establish criteria governing eligibility for a person to participate in the Program. Such criteria must:
(a) Require a person to be a Nevada resident to participate in the Program.
(b) Provide that a child in foster care or going through the process of adoption is eligible to participate in the Program.
5. The Office of the Military shall adopt regulations necessary to establish and administer the Program created pursuant to this section. The regulations must be consistent with 32 U.S.C. § 509 and the regulations adopted pursuant thereto.
Sec. 12. 1. The Nevada National Guard Youth Challenge Program Account is hereby created in the State General Fund.
2. The Office of the Military shall administer the Account. The money in the Account must be expended only to carry out the provisions of sections 7 to 21, inclusive, of this act.
3. The Office of the Military may apply for and accept any gift, donation, bequest, grant, transfer from the State or a school district or other source of money for deposit in the Account.
4. The interest and income earned on the money in the Account, after deducting applicable charges, must be credited to the Account.
5. The money in the Account must remain in the Account and does not revert to the State General Fund at the end of any fiscal year.
Sec. 13. 1. The Office of the Military shall enter into an agreement with the Superintendent of Public Instruction and the board of trustees of a school district to establish a challenge school. The agreement must:
(a) Specify the physical location of the facilities of the challenge school.
(b) Set forth the method in which the Superintendent of Public Instruction will count enrollment and calculate the average daily attendance of pupils enrolled at a challenge school for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.1245, inclusive. The method must count a pupil enrolled in a challenge school as a full-time pupil notwithstanding the schedule for the program of instruction provided by the challenge school.
(c) Set forth the schedule for the program of instruction the challenge school will provide. Such a schedule may include:
(1) A shorter school day or an opportunity for participants to attend a longer day than regularly provided in the school district.
(2) An opportunity for participants to attend courses of instruction during any part of the calendar year.
(d) Prescribe the courses of study provided by the challenge school for which credits may be received pursuant to section 16 of this act and the amount of credit allowed for the completion of those courses of study.
(e) Set forth the provisions of this title that the Superintendent of Public Instruction agrees to waive with respect to the challenge school pursuant to section 14 of this act.
(f) Set forth any other provisions the parties deem necessary to carry out the provisions of sections 7 to 21, inclusive, of this act.
2. Upon the execution of an agreement pursuant to subsection 1, a challenge school shall be deemed a public school pursuant to NRS 385.007 located within the school district that is a party to the agreement and is entitled to receive money from the State.
κ2019 Statutes of Nevada, Page 1982 (CHAPTER 325, SB 295)κ
Sec. 14. Except as otherwise provided by specific statute and by regulation of the State Board as determined necessary by the Superintendent of Public Instruction, the provisions of chapter 389 of NRS do not apply to a challenge school. The Superintendent of Public Instruction may waive any other provision of this title with respect to a challenge school as the Superintendent may determine necessary.
Sec. 15. The Superintendent of Public Instruction shall:
1. Authorize any pupil who is admitted to a challenge school to enroll in that school in lieu of enrolling in the high school the pupil is otherwise scheduled to attend.
2. Adopt regulations to carry out the provisions of sections 7 to 21, inclusive, of this act with which each challenge school must comply.
Sec. 16. 1. The Office of the Military shall develop a curriculum to be used by a challenge school based upon the individual needs of participants in the Program and establish standards of content and performance for the courses of study offered by a challenge school.
2. A pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, who successfully completes a course of study offered by a challenge school must be allowed to apply the credit received for the course completed to the total number of credits required for graduation from the high school or the charter school in which the pupil is enrolled or the credits required for receipt of an adult standard diploma, as applicable.
Sec. 17. A challenge school shall comply with all applicable federal laws to prevent the loss of any federal money for education provided to the State of Nevada and the school districts in this State by the Federal Government.
Sec. 18. 1. The Office of the Military shall adopt:
(a) Written rules of behavior for pupils enrolled in a challenge school, including, without limitation, prohibited acts; and
(b) Appropriate punishments for violations of the rules.
2. Except as otherwise provided in subsection 3, if suspension or expulsion of a pupil is used as a punishment for a violation of the rules, the challenge school shall ensure that, before the suspension or expulsion, the pupil has been given notice of the charges against him or her, an explanation of the evidence and an opportunity to be heard and rebut the evidence.
3. A pupil may be removed from a challenge school immediately upon being given an explanation of the reasons for the removal of the pupil and pending proceedings, which must be conducted as soon as practicable after the removal, for his or her suspension or expulsion, if the pupil:
(a) Poses a continuing danger to persons or property;
(b) Poses an ongoing threat of disrupting the academic process;
(c) Sells or distributes any controlled substance; or
(d) Is found to be in possession of a dangerous weapon as provided in NRS 392.466.
4. A copy of the rules of behavior, prescribed punishments and procedures to be followed in imposing punishments must be:
(a) Distributed to each new pupil who enrolls in a challenge school; and
(b) Available for public inspection at a challenge school.
κ2019 Statutes of Nevada, Page 1983 (CHAPTER 325, SB 295)κ
5. The Office of the Military may adopt rules relating to the truancy of pupils who are enrolled at a challenge school if the rules are at least as restrictive as the provisions governing truancy set forth in NRS 392.130 to 392.220, inclusive. If the Office of the Military adopts rules governing truancy, the Office shall include the rules in the written rules adopted pursuant to subsection 1.
Sec. 19. Each school district in which a challenge school is located shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for the purpose of accountability and reporting expenditures for the challenge school.
Sec. 20. 1. Each pupil who is enrolled in a challenge school must be included in the count of pupils in the school district in which the challenge school is located for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.1245, inclusive.
2. A challenge school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the challenge school or the pupils enrolled in the challenge school are eligible to receive.
3. If a challenge school ceases to operate pursuant to sections 7 to 21, inclusive, of this act, the remaining apportionments that would have been made to the challenge school pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the challenge school reside.
Sec. 21. For each challenge school:
1. The Office of the Military shall designate a person to draw all orders for the payment of money belonging to the challenge school. The orders must be listed on cumulative voucher sheets.
2. The Office of the Military shall prescribe the procedures by which the orders must be approved and the cumulative voucher sheets signed.
3. An action may not be maintained against the Office of the Military or against a challenge school to collect upon a bill not presented for payment to the Office of the Military within 6 months after the bill was incurred.
Sec. 22. NRS 392.4675 is hereby amended to read as follows:
392.4675 1. Except as otherwise provided in this section, a pupil who is suspended or expelled from:
(a) Any public school in this State pursuant to NRS 392.466; or
(b) Any school outside of this State for the commission of any act which, if committed within this State, would be a ground for suspension or expulsion from public school pursuant to NRS 392.466,
Κ is ineligible to attend any public school in this State during the period of that suspension or expulsion.
2. A school district or a charter school, if the charter school offers the applicable program, may allow a pupil who is ineligible to attend a public school pursuant to this section to enroll in:
(a) An alternative program for the education of pupils at risk of dropping out of school provided pursuant to NRS 388.537;
(b) A program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school;
(c) A program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive; [or]
κ2019 Statutes of Nevada, Page 1984 (CHAPTER 325, SB 295)κ
(d) Any program of instruction offered pursuant to the provisions of NRS 388.550 [,] ; or
(e) A challenge school,
Κ if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable school or program. A school district or charter school may conduct an investigation of the background of any such pupil to determine if the educational needs of the pupil may be satisfied without undue disruption to the school or program. If an investigation is conducted, the board of trustees of the school district or the governing body of the charter school shall, based on the results of the investigation, determine if the pupil will be allowed to enroll in such a school or program.
3. The provisions of subsections 1 and 2 do not prohibit a pupil from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 388A.453 or 388A.456. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupils suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.
Sec. 23. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 18 of this act which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec. 24. (Deleted by amendment.)
Sec. 25. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 1985κ
Senate Bill No. 314Senators Woodhouse, Denis, Dondero Loop, Parks; Brooks and Cancela
CHAPTER 326
[Approved: June 3, 2019]
AN ACT relating to education; establishing a State Seal of Financial Literacy; requiring the Department of Education to establish a Financial Literacy Month; establishing the State Financial Literacy Advisory Council; establishing provisions relating to obtaining an endorsement to teach courses relating to financial literacy; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the State Seal of STEM and the State Seal of STEAM. (NRS 388.594-388.5975) Section 3 of this bill similarly establishes a State Seal of Financial Literacy. Section 4 of this bill establishes the requirements for earning a State Seal of Financial Literacy.
Section 5 of this bill requires the Department of Education to establish a Financial Literacy Month, to be held once each school year. Section 5 further requires certain activities to be included in the Financial Literacy Month to the extent money is available. Section 7 of this bill requires the governing body of each regional training program for the professional development of teachers and administrators to coordinate with the Department of Education to provide an annual summit at the beginning of Financial Literacy Month.
Section 5.5 of this bill establishes the State Financial Literacy Advisory Council. Section 5.7 of this bill outlines the responsibilities of the Council.
Section 6 of this bill requires the Commission on Professional Standards in Education to establish the requirements for obtaining an endorsement in teaching courses relating to financial literacy. (NRS 391.019) Existing law also requires a regional training program for the professional development of teachers and administrators to provide certain training for educational personnel. (NRS 391A.125) Section 8 of this bill requires such a regional training program to provide training and professional development for teachers who obtain an endorsement to teach courses relating to financial literacy.
Existing law authorizes the Board of Regents of the University of Nevada to prescribe courses of study for the Nevada System of Higher Education. (NRS 396.440) Section 9 of this bill requires that a program of study offered by the System to obtain an endorsement to teach courses relating to financial literacy include certain requirements. Section 9 also authorizes students to apply for certain scholarships to offset the costs of the program of study.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.7, inclusive, of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. The Superintendent of Public Instruction shall establish a State Seal of Financial Literacy Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in financial literacy.
κ2019 Statutes of Nevada, Page 1986 (CHAPTER 326, SB 314)κ
charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in financial literacy.
2. The Superintendent of Public Instruction shall:
(a) Create a State Seal of Financial Literacy that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of section 4 of this act; and
(b) Deliver the State Seal of Financial Literacy to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program.
3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Financial Literacy Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.
4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program shall:
(a) Identify the pupils who have met the requirements to be awarded the State Seal of Financial Literacy; and
(b) Affix the State Seal of Financial Literacy to the diploma and note the receipt of the State Seal of Financial Literacy on the transcript of each pupil who meets those requirements.
5. To the extent that money is available, the school districts and the Department of Education shall provide professional development training regarding financial literacy to teachers who teach in a subject area in which instruction in financial literacy is provided.
6. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and section 4 of this act.
Sec. 4. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Financial Literacy Program established pursuant to section 3 of this act must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Financial Literacy if the pupil:
1. Earns at least a 3.25 grade point average, on a 4.0 grading scale, or a 3.85 weighted grade point average, on a grading scale approved by the Superintendent of Public Instruction if a different grading scale is used.
2. Demonstrates proficiency in financial literacy by earning:
(a) At least 3 credits in a subject area in which instruction on financial literacy is provided; and
(b) Either of the following:
(1) A grade of B or higher in a college-level course in which instruction on financial literacy is provided; or
(2) A score of gold or higher on the ACT National Career Readiness Certificate.
Sec. 5. 1. The Department of Education shall establish a Financial Literacy Month to be held once each school year. To the extent that money is available for that purpose, the Financial Literacy Month must include, without limitation:
(a) A parent and family engagement summit, including, without limitation, programs related to saving and spending, employability skills, applying to and attending college, applying for and receiving financial aid, retirement and investments; and
κ2019 Statutes of Nevada, Page 1987 (CHAPTER 326, SB 314)κ
(b) A Student Smart Week and a Money Week.
2. The Department may adopt regulations as necessary to carry out the provisions of this section and section 7 of this act.
Sec. 5.5. 1. The State Financial Literacy Advisory Council is hereby created. The Council consists of:
(a) The following ex officio members:
(1) The Superintendent of Public Instruction or his or her designee; and
(2) The Chancellor of the Nevada System of Higher Education or his or her designee;
(b) Three members appointed by the Governor;
(c) Two members appointed by the Majority Leader of the Senate;
(d) Two members appointed by the Speaker of the Assembly;
(e) One member appointed by the Minority Leader of the Senate;
(f) One member appointed by the Minority Leader of the Assembly; and
(g) One member appointed by the Chancellor of the Nevada System of Higher Education who has a background in economics or financial literacy.
2. The Governor, the Majority Leader and the Minority Leader of the Senate, the Speaker and Minority Leader of the Assembly and the Chancellor of the Nevada System of Higher Education shall coordinate their respective appointments of members to the Council to ensure that, to the extent practicable, the members appointed to the Council reflect the gender, ethnic and geographic diversity of this State and that:
(a) Three members of the Council are members of the business community with a background in economics;
(b) One member of the Council is a member of the business community who is employed in the banking industry;
(c) One member of the Council is a member of the business community who is employed by a credit union;
(d) Three members of the Council are teachers who hold a license to teach elementary, middle or junior high school or secondary education, respectively, and who:
(1) Teach in an elementary, middle or junior high or high school, respectively;
(2) Have received training in financial literacy; and
(3) Are responsible for teaching courses relating to financial literacy;
(e) One member of the Council is an administrator of a public school; and
(f) One member of the Council is an administrator of a school district.
3. Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
4. The Council shall elect a Chair and Vice Chair from among its members at the first meeting of the Council and at the first meeting of the calendar year each year thereafter. The Chair and Vice Chair serve a term of 1 year.
5. Each member of the Council serves a term of 2 years and may be reappointed.
κ2019 Statutes of Nevada, Page 1988 (CHAPTER 326, SB 314)κ
6. The Council shall meet at least four times a year at the call of the Chair. One meeting of the Council must be held in person and any other meeting may be held by videoconference.
7. A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.
8. The Chair may appoint such subcommittees of the Council as the Chair determines necessary to carry out the duties of the Council.
9. The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.
10. Each member of the Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
11. Any costs associated with employing a substitute teacher while a member of the Council who is a teacher attends a meeting of the Council must be paid by the school district that employs the member.
12. To the extent that money is available, the Department shall provide administrative support to the Council.
Sec. 5.7. The State Financial Literacy Advisory Council created by section 5.5 of this act shall:
1. Develop a strategic plan for the development of educational resources in financial literacy to serve as a foundation for professional development for pupils;
2. Identify learning activities targeted toward the standards and criteria of a curriculum in financial literacy;
3. Develop and facilitate, in coordination with the Department:
(a) The Financial Literacy Month, including, without limitation, Student Smart Week, Money Week and the parent and family engagement summit established pursuant to section 5 of this act; and
(b) The annual summit for educators established pursuant to section 7 of this act;
4. In accordance with section 4 of this act, develop the criteria a pupil must meet to be awarded the State Seal of Financial Literacy;
5. Apply for grants, gifts and donations of money to carry out the objectives of the Council; and
6. Prepare a written report which includes, without limitation, recommendations concerning the instruction and curriculum in financial literacy and the activities of the Council and, on or before January 31 of each even-numbered year, submit a copy of the report to the Superintendent of Public Instruction, the Chancellor of the Nevada System of Higher Education, the Legislative Committee on Education and the Governor.
κ2019 Statutes of Nevada, Page 1989 (CHAPTER 326, SB 314)κ
Sec. 6. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization, including, without limitation, an endorsement to teach English as a second language.
κ2019 Statutes of Nevada, Page 1990 (CHAPTER 326, SB 314)κ
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.
(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.
(g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelors degree, a masters degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:
(1) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or
(2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.
Κ An applicant for licensure pursuant to this paragraph who holds a bachelors degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicants employment as a teacher with a school district or charter school.
(h) Requiring an applicant for a special qualifications license to:
(1) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or
(2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelors degree, masters degree or doctoral degree held by the applicant.
(i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelors degree, masters degree or doctoral degree held by that person.
(j) Providing for the issuance and renewal of a special qualifications license to an applicant who:
(1) Holds a bachelors degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;
(2) Is not licensed to teach public school in another state;
(3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and
(4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicants employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelors degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.
κ2019 Statutes of Nevada, Page 1991 (CHAPTER 326, SB 314)κ
teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.
Κ An applicant for licensure pursuant to this paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.
(k) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
(l) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.
(m) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
4. A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:
(a) Shall comply with all applicable statutes and regulations.
(b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.
(c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.
Sec. 7. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:
The governing body of each regional training program shall coordinate with the Department to provide an annual summit at the beginning of the Financial Literacy Month established pursuant to section 5 of this act. To the extent that money is available, the Department shall administer the annual summit.
Sec. 8. NRS 391A.125 is hereby amended to read as follows:
391A.125 1. Based upon the priorities of programs prescribed by the State Board pursuant to subsection 4 of NRS 391A.505 and the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391A.175, each regional training program shall provide:
κ2019 Statutes of Nevada, Page 1992 (CHAPTER 326, SB 314)κ
(a) Training for teachers and other licensed educational personnel in the:
(1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(2) Curriculum and instruction required for the standards adopted by the State Board;
(3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and
(4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.
(b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:
(1) Phonemic awareness;
(2) Phonics;
(3) Vocabulary;
(4) Fluency;
(5) Comprehension; and
(6) Motivation.
(c) Training for administrators who conduct the evaluations required pursuant to NRS 391.685, 391.690, 391.705 and 391.710 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.
(d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.685, 391.690, 391.705 or 391.710.
(e) At least one of the following types of training:
(1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.
(2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.
(3) In addition to the training provided pursuant to paragraph (b), training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.
(f) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391A.135 training for:
(1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.
(2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.
κ2019 Statutes of Nevada, Page 1993 (CHAPTER 326, SB 314)κ
(g) Training and continuing professional development for teachers who receive an endorsement to teach courses relating to financial literacy pursuant to NRS 391.019 and section 9 of this act.
2. The training required pursuant to subsection 1 must:
(a) Include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.
(b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.
(c) Incorporate training that addresses the educational needs of:
(1) Pupils with disabilities who participate in programs of special education; and
(2) Pupils who are English learners.
3. The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:
(a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;
(b) Fundamental reading skills; and
(c) Other training listed in subsection 1.
Κ The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.
4. A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.
5. A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391A.120 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(42), as deemed appropriate by the governing body for the type of training offered.
6. To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.
7. To the extent that money is available, the Department shall administer the training required pursuant to paragraph (g) of subsection 1.
8. As used in this section, paraprofessional has the meaning ascribed to it in NRS 391.008.
Sec. 9. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the System offers a course of study for obtaining an endorsement to teach courses relating to financial literacy, the course must require students in the course of study to create a personal finance portfolio or transition plan, which must include, without limitation, details relating to housing, health insurance and postsecondary education and financial aid resources.
2. A student in a course of study offered pursuant to subsection 1 may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Teach Nevada Scholarship Program Account created pursuant to NRS 391A.575 to offset the costs of completing a course of study offered pursuant to subsection 1.
κ2019 Statutes of Nevada, Page 1994 (CHAPTER 326, SB 314)κ
3. The System may award a student money received from a grant provided to a university, college or other provider of an alternative licensure program pursuant to NRS 391A.510 to offset the costs of completing a course of study offered pursuant to subsection 1.
Secs. 10 and 10.5. (Deleted by amendment.)
Sec. 10.7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 11. This act becomes effective on July 1, 2019.
________
Senate Bill No. 321Senators Dondero Loop, Woodhouse, Denis; Brooks and Parks
Joint Sponsor: Assemblyman Thompson
CHAPTER 327
[Approved: June 3, 2019]
AN ACT relating to education; abolishing the achievement school district; requiring an existing achievement charter school to convert to a charter school under the sponsorship of the State Public Charter School Authority or cease operations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Assembly Bill No. 448 of the 2015 Legislative Session established the Achievement School District within the Department of Education, authorized the conversion of certain public schools to achievement charter schools and made various other changes relating to such schools. (Chapter 539, Statutes of Nevada 2015, p. 3775; NRS 388B.010-388B.450) Sections 1-35 of this bill effectively rescind Assembly Bill No. 448 by repealing the new provisions added by that bill and reverting the various statutes to the former language. Section 37 of this bill provides that any achievement charter school and any application to operate an achievement charter school that has been approved is deemed to have been approved by the State Public Charter School Authority to operate as a charter school.
Existing law requires the governing body of a charter school to enter into a charter contract with the sponsor of the charter school. (NRS 388A.270) Section 37 requires a charter contract to be entered into with the State Public Charter School Authority to operate under existing law governing charter schools by July 1, 2020. If such a charter contract is not entered into, section 37 provides that any contract to operate the achievement charter school becomes void, thereby requiring the achievement charter school to cease operations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.005 is hereby amended to read as follows:
385.005 1. The Legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts.
κ2019 Statutes of Nevada, Page 1995 (CHAPTER 327, SB 321)κ
districts. The provisions of this title are intended to reserve to the boards of trustees of local school districts within this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers may only be limited by other specific provisions of law.
2. The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the Legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the Legislature is delegated to the respective boards of trustees of local school districts and to the governing body of each charter school.
3. The State Board shall, and the State Public Charter School Authority, [the Achievement School District,] each board of trustees of a local school district, the governing body of each charter school and any other school officer may, advise the Legislature at each regular session of any recommended legislative action to ensure high standards of equality of educational opportunity for all children in the State of Nevada.
Sec. 2. NRS 385.007 is hereby amended to read as follows:
385.007 As used in this title, unless the context otherwise requires:
1. [Achievement charter school means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.] Charter school means a public school that is formed pursuant to the provisions of chapter 388A of NRS.
2. Department means the Department of Education.
3. English learner has the meaning ascribed to it in 20 U.S.C. § 7801(20).
4. Homeschooled child means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.
5. Local school precinct has the meaning ascribed to it in NRS 388G.535.
6. Opt-in child means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.
7. 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.
8. School bus has the meaning ascribed to it in NRS 484A.230.
9. State Board means the State Board of Education.
10. University school for profoundly gifted pupils has the meaning ascribed to it in NRS 388C.040.
Sec. 3. NRS 385.111 is hereby amended to read as follows:
385.111 1. The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:
(a) Must be prepared in consultation with:
(1) Employees of the Department;
κ2019 Statutes of Nevada, Page 1996 (CHAPTER 327, SB 321)κ
(2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;
(3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and
(4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130, appointed by the Council; and
(b) May be prepared in consultation with:
(1) Representatives of institutions of higher education;
(2) Representatives of regional educational laboratories;
(3) Representatives of outside consultant groups;
(4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120;
(5) The Legislative Bureau of Educational Accountability and Program Evaluation; and
(6) Other persons who the State Board determines are appropriate.
2. On or before March 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:
(a) Governor;
(b) Legislative Committee on Education;
(c) Legislative Bureau of Educational Accountability and Program Evaluation;
(d) Board of Regents of the University of Nevada;
(e) Board of trustees of each school district; and
(f) Governing body of each charter school . [; and
(g) Executive Director of the Achievement School District.]
Sec. 4. NRS 385.620 is hereby amended to read as follows:
385.620 The Advisory Council shall:
1. Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;
2. Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority [, the Achievement School District] and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
3. Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;
4. Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;
5. Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;
κ2019 Statutes of Nevada, Page 1997 (CHAPTER 327, SB 321)κ
become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;
6. Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;
7. Identify methods to communicate effectively with and provide outreach to parents, legal guardians and families of pupils who are English learners;
8. Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;
9. Work in collaboration with the Office of Parental Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635; and
10. On or before February 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature in odd-numbered years and to the Legislative Commission in even-numbered years, describing the activities of the Advisory Council and any recommendations for legislation.
Sec. 5. NRS 385A.070 is hereby amended to read as follows:
385A.070 1. The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school sponsored by the school district. The information for charter schools must be reported separately.
2. The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
3. The State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority [, Achievement School District] or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section.
κ2019 Statutes of Nevada, Page 1998 (CHAPTER 327, SB 321)κ
institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority [, Achievement School District] and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.
4. The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
Sec. 6. NRS 385A.080 is hereby amended to read as follows:
385A.080 1. The Superintendent of Public Instruction shall:
(a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school.
(b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teacher Association;
(5) Budget Division of the Office of Finance;
(6) Legislative Counsel Bureau; and
(7) Charter School Association of Nevada,
Κ concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
2. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
Sec. 7. NRS 385A.090 is hereby amended to read as follows:
385A.090 1. On or before September 30 of each year:
(a) The board of trustees of each school district, the State Public Charter School Authority, [the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority [, Achievement School District] or institution, if any, or otherwise provide written notice of the availability of the report.
κ2019 Statutes of Nevada, Page 1999 (CHAPTER 327, SB 321)κ
NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority [, Achievement School District] or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:
(1) Governor;
(2) State Board;
(3) Department;
(4) Committee;
(5) Bureau; and
(6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.250.
(b) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority [, the Achievement School District] or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority [, the Achievement School District] or the institution does not maintain a website, the State Public Charter School Authority [, the Achievement School District] or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.
2. Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.
Sec. 8. NRS 385A.240 is hereby amended to read as follows:
385A.240 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:
(a) Records of the attendance and truancy of pupils in all grades, including, without limitation:
(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.
(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State.
κ2019 Statutes of Nevada, Page 2000 (CHAPTER 327, SB 321)κ
enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.
(c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:
(1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;
(2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and
(3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.
2. On or before September 30 of each year:
(a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.
(b) The State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.
Sec. 9. NRS 385A.400 is hereby amended to read as follows:
385A.400 1. The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation the information prescribed by NRS 385A.400 to 385A.520, inclusive.
2. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
3. The annual report of accountability must:
(a) Be prepared in a concise manner; and
κ2019 Statutes of Nevada, Page 2001 (CHAPTER 327, SB 321)κ
(b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
4. On or before January 15 of each year, the State Board shall provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department.
5. Upon the request of the Governor, the Attorney General, the Committee, the Bureau, the Board of Regents of the University of Nevada, the board of trustees of a school district, the governing body of a charter school [, the Executive Director of the Achievement School District] or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.
Sec. 10. NRS 385A.670 is hereby amended to read as follows:
385A.670 1. On or before July 31 of each year, the Department shall determine whether each public school is meeting the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.
2. The determination pursuant to subsection 1 for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority [, the Achievement School District] or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:
(a) Except as otherwise provided in paragraph (b) [,] or (c) , [or (d),] the determination made for each public school to the board of trustees of the school district in which the public school is located.
(b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.
(c) [The determination made for the charter school to the Achievement School District if the charter school is sponsored by the Achievement School District.
(d)] The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.
3. If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:
(a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.
(b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.
Κ The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.
κ2019 Statutes of Nevada, Page 2002 (CHAPTER 327, SB 321)κ
public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.
4. If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.
5. As used in this section:
(a) Irregularity in testing administration has the meaning ascribed to it in NRS 390.255.
(b) Irregularity in testing security has the meaning ascribed to it in NRS 390.260.
Sec. 11. NRS 385A.720 is hereby amended to read as follows:
385A.720 1. Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority [, all charter schools sponsored by the Achievement School District] and all charter schools sponsored by a college or university within the Nevada System of Higher Education.
2. Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary rating is based and to present evidence. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15. If the school is a charter school sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.
3. On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.
Sec. 12. NRS 387.067 is hereby amended to read as follows:
387.067 1. The State Board may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada, the school districts or the charter schools of the State of Nevada by the Congress of the United States for purposes of elementary and secondary education.
2. The Superintendent of Public Instruction shall deposit the money with the State Treasurer, who shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Superintendent of Public Instruction.
κ2019 Statutes of Nevada, Page 2003 (CHAPTER 327, SB 321)κ
3. The State Board, any school district within this State [, the Achievement School District] and any governing body of any charter school in this State may, within the limits provided in this section, make such applications, agreements and assurances to the Federal Government, and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education. Such an agreement or assurance must not require this State, or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.
Sec. 13. NRS 387.080 is hereby amended to read as follows:
387.080 1. The Director may enter into agreements with any agency of the Federal Government, the Department, the State Board, [the Achievement School District,] any board of trustees of a school district, any governing body of a charter school or any other entity or person. The Director may establish policies and prescribe regulations, authorize the employment of such personnel and take such other action as it considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.
2. The State Treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the State Controller issued upon the order of the Director pursuant to regulations or policies of the State Department of Agriculture.
3. The Director may:
(a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.
(b) Assist in training personnel engaged in the operation of any program of nutrition.
Sec. 14. NRS 387.090 is hereby amended to read as follows:
387.090 Except as otherwise provided in NRS 387.114 to 387.1175, inclusive, the board of trustees of each school district [, the Executive Director of the Achievement School District] and the governing body of each charter school may:
1. Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.
2. Use therefor money disbursed to them pursuant to the provisions of NRS 387.068 to 387.1175, inclusive, gifts, donations and other money received from the sale of food under those programs.
3. Deposit the money in one or more accounts in one or more banks or credit unions within the State.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.
Sec. 15. NRS 387.1223 is hereby amended to read as follows:
387.1223 1. On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.
2. Except as otherwise provided in subsection 3, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
κ2019 Statutes of Nevada, Page 2004 (CHAPTER 327, SB 321)κ
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.
(2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during the quarter.
(3) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474 [,] or subsection 1 of NRS 392.074 [, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school,] based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
(b) Adding the amounts computed in paragraph (a).
3. Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
κ2019 Statutes of Nevada, Page 2005 (CHAPTER 327, SB 321)κ
enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
4. If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
5. The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
6. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
7. Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.
8. Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 16. 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, 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, and pupils who are enrolled in a university school for profoundly gifted pupils located in the county, 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 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.
(d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
(e) Children detained in facilities for the detention of children, 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 1 of NRS 388A.471 [,] and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.474 . [and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school.]
κ2019 Statutes of Nevada, Page 2006 (CHAPTER 327, SB 321)κ
(g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.
(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. Except as otherwise provided in this subsection, in establishing such regulations for the public schools, the State Board:
(a) 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.
(b) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
(c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department. Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
Sec. 17. NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which grade work is not given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the State Board. The school is an elementary or secondary school for the purpose of the licensure of teachers.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of the licensure of teachers.
4. A special school is an organized unit of instruction operating with approval of the State Board.
5. A charter school is a public school that is formed pursuant to the provisions of chapter 388A of NRS . [or an achievement charter school that is formed pursuant to chapter 388B of NRS.]
6. A university school for profoundly gifted pupils is a public school established pursuant to chapter 388C of NRS.
Sec. 18. NRS 388.795 is hereby amended to read as follows:
388.795 1. The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:
(a) Plans that have been adopted by the Department and the school districts and charter schools in this State;
(b) Plans that have been adopted in other states;
(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority [, the Achievement School District] and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
κ2019 Statutes of Nevada, Page 2007 (CHAPTER 327, SB 321)κ
(d) The results of the assessment of needs conducted pursuant to subsection 6; and
(e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.
2. The plan established by the Commission must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this State;
(b) Increase the number of pupils in the public schools of this State who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. The Department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Κ as is necessary for the Commission to carry out the provisions of this section.
4. The following entities shall cooperate with the Commission in carrying out the provisions of this section:
(a) The State Board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
(d) The Department.
5. The Commission shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.
(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.
(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.
κ2019 Statutes of Nevada, Page 2008 (CHAPTER 327, SB 321)κ
(e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.
6. During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:
(a) The recommendations set forth in the plan pursuant to subsection 2;
(b) The plan for educational technology of each school district, if applicable;
(c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and
(d) Any other information deemed relevant by the Commission.
Κ The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.
7. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
8. The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
9. As used in this section, public school includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.
Sec. 19. NRS 388.880 is hereby amended to read as follows:
388.880 1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935, 392.303 or 432B.220.
κ2019 Statutes of Nevada, Page 2009 (CHAPTER 327, SB 321)κ
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281; or
(2) The governing body of a charter school . [; or
(3) The Achievement School District.]
(c) School official means:
(1) A member of the board of trustees of a school district.
(2) A member of the governing body of a charter school.
(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
[(4) The Executive Director of the Achievement School District.]
(d) Teacher means a person employed by the:
(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
Sec. 20. NRS 388A.030 is hereby amended to read as follows:
388A.030 Educational management organization means a for-profit corporation, business, organization or other entity that provides services relating to the operation and management of charter schools . [and achievement charter schools.]
Sec. 21. NRS 388A.075 is hereby amended to read as follows:
388A.075 The Legislature declares that by authorizing the formation of charter schools it is not authorizing:
1. [Except as otherwise provided in NRS 388B.290, the] The conversion of an existing public school, homeschool or other program of home study to a charter school.
2. A means for providing financial assistance for private schools or programs of home study. The provisions of this subsection do not preclude:
(a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of this chapter.
(b) The payment of money to a charter school for the enrollment of children in classes at the charter school pursuant to subsection 1 of NRS 388A.471 who are enrolled in a public school of a school district or a private school or who are homeschooled.
3. The formation of charter schools on the basis of a single race, religion or ethnicity.
Sec. 22. NRS 388A.080 is hereby amended to read as follows:
388A.080 The provisions of this chapter do not authorize an existing public school, homeschool or other program of home study to convert to a charter school . [except as otherwise provided in NRS 388B.290.]
κ2019 Statutes of Nevada, Page 2010 (CHAPTER 327, SB 321)κ
Sec. 23. NRS 388A.249 is hereby amended to read as follows:
388A.249 1. A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school. [Except as otherwise provided in NRS 388B.290, if] If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.
2. The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:
(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;
(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;
(c) Base its determination on documented evidence collected through the process of reviewing the application; and
(d) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223.
3. The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:
(a) The application:
(1) Complies with this chapter and the regulations applicable to charter schools; and
(2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor; and
(b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school.
4. On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:
(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;
(b) The educational focus of each charter school for which an application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons for the denial.
Sec. 24. NRS 388G.050 is hereby amended to read as follows:
388G.050 1. There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils . [or an achievement charter school.]
2. The board of trustees of a school district which is located:
κ2019 Statutes of Nevada, Page 2011 (CHAPTER 327, SB 321)κ
(a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.
(b) In a county whose population is 100,000 or more but less than 700,000 shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.
3. The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.
4. The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:
(a) At least one representative of the board of trustees;
(b) The superintendent of the school district, or the superintendents designee;
(c) Parents and legal guardians of pupils enrolled in public schools in the school district;
(d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;
(e) Representatives of organizations that represent teachers and other educational personnel;
(f) Representatives of the community in which the school district is located and representatives of businesses within the community; and
(g) Such other members as the board of trustees determines are necessary.
5. If a design team is created for a school district, the design team shall:
(a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and
(b) Advise the board of trustees on issues relating to empowerment schools.
6. The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.
Sec. 25. NRS 390.265 is hereby amended to read as follows:
390.265 School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district [,] or the governing body of a charter school . [or the Achievement School District.]
Sec. 26. NRS 390.270 is hereby amended to read as follows:
390.270 1. The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
κ2019 Statutes of Nevada, Page 2012 (CHAPTER 327, SB 321)κ
(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:
(1) By category, the employees of the school district, [Achievement School District,] charter school or Department, or any combination thereof, who are responsible for taking the action; and
(2) Whether the school district, [Achievement School District,] charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.
(d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 390.295.
3. The Department shall post a copy of the plan adopted pursuant to this section and the procedures set forth therein on the Internet website maintained by the Department.
Sec. 27. NRS 390.380 is hereby amended to read as follows:
390.380 School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district [,] or the governing body of a charter school . [or the Achievement School District.]
Sec. 28. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means any employee of a school district or charter school in this State.
2. A school month in any public school in this State consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. In addition, boards of trustees may either prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick leave to licensed teachers in the form of purchase of service pursuant to subsection 4 of NRS 286.300. The amount of service so purchased must not exceed the number of hours of unused sick leave or 1 year, whichever is less.
κ2019 Statutes of Nevada, Page 2013 (CHAPTER 327, SB 321)κ
6. The salary of any employee unavoidably absent because of personal illness, accident or motor vehicle crash, or because of serious illness, accident, motor vehicle crash or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employees former school district or charter school to his or her new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.
(b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by:
(a) The board of trustees of a school district pursuant to chapter 288 of NRS; or
(b) The governing body of a charter school pursuant to NRS 388A.533 , [or 388B.400 to 388B.450, inclusive,]
Κ the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 29. NRS 392.128 is hereby amended to read as follows:
392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;
κ2019 Statutes of Nevada, Page 2014 (CHAPTER 327, SB 321)κ
the school district or the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;
(b) Identify factors that contribute to the truancy of pupils in the school district;
(c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.
3. An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, family resource center has the meaning ascribed to it in NRS 430A.040.
4. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.
Sec. 30. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term political subdivision includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an eligible entity pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, [the Achievement School District,] the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.
κ2019 Statutes of Nevada, Page 2015 (CHAPTER 327, SB 321)κ
Sec. 31. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection 4 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or workweek.
(h) Total number of days work required of an employee in a work year.
(i) Except as otherwise provided in subsections 6 and [10,] 9, discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections [7, 9 and 10,] 7 and 9, the policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(w) Procedures consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
κ2019 Statutes of Nevada, Page 2016 (CHAPTER 327, SB 321)κ
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
7. The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:
κ2019 Statutes of Nevada, Page 2017 (CHAPTER 327, SB 321)κ
(a) Reassigning any member of the staff of such a school; or
(b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.
8. Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 7 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 7 is unenforceable and void.
9. [The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.
10.] The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.
[11.] 10. This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
[12.] 11. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
[13.] 12. As used in this section [:
(a) Abuse] , abuse or neglect of a child has the meaning ascribed to it in NRS 392.281.
[(b) Achievement charter school has the meaning ascribed to it in NRS 385.007.]
Sec. 32. NRS 332.185 is hereby amended to read as follows:
332.185 1. Except as otherwise provided in subsection 2 and NRS 244.1505 and 334.070, all sales of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property. The governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, at public auction, if the governing body or its authorized representative determines that the property is no longer required for public use and deems such action desirable and in the best interests of the local government.
2. The board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State [, to the Achievement School District] or to a charter school that is located within the school district without regard to:
κ2019 Statutes of Nevada, Page 2018 (CHAPTER 327, SB 321)κ
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive bids.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 33. NRS 361.065 is hereby amended to read as follows:
361.065 All lots, buildings and other school property owned by any legally created school district [, the Achievement School District] or a charter school within the State and devoted to public school purposes are exempt from taxation.
Sec. 34. Chapter 656A of NRS is hereby amended by adding thereto a new section to read as follows:
Charter school has the meaning ascribed to it in NRS 385.007.
Sec. 35. NRS 656A.020 is hereby amended to read as follows:
656A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.025 to 656A.065, inclusive, and section 34 of this act have the meanings ascribed to them in those sections.
Sec. 36. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 37. 1. On the effective date of this act, any achievement charter school and any application to operate an achievement charter school pursuant to NRS 388B.200 that has been approved shall be deemed to be approved by the State Public Charter School Authority to operate as a charter school sponsored by the State Public Charter School Authority.
2. As soon as possible after the effective date of this act, a charter contract pursuant to NRS 388A.270 must be entered into with the State Public Charter School Authority for each school described in subsection 1 to operate as a charter school. Upon the execution of such a contract, the school shall be deemed a charter school for all purposes and is subject to the provisions of chapter 388A of NRS. A contract to operate an achievement charter school entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210 before the effective date of this act is void on the date on which the charter contract is executed or on July 1, 2020, whichever occurs sooner.
3. Until a charter contract is entered into pursuant to subsection 2 or the contract to operate an achievement charter school is void pursuant to subsection 2, the State Public Charter School Authority shall be deemed the sponsor of the achievement charter school and shall assume the duties prescribed for the Executive Director of the Achievement School District in any contract to operate the achievement charter school entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210, as that section existed before the effective date of this act.
4. As used in this section:
(a) Achievement charter school has the meaning ascribed to it in NRS 385.007, as that section existed before the effective date of this act.
(b) Charter school has the meaning ascribed to it in NRS 385.007, as amended by section 2 of this act.
κ2019 Statutes of Nevada, Page 2019 (CHAPTER 327, SB 321)κ
Sec. 38. Notwithstanding the selection of any school before the effective date of this act for conversion to an achievement charter school pursuant to NRS 388B.200 beginning with the 2020-2021 school year, no action may be taken on or after the effective date of this act to complete the conversion or operate the school as an achievement charter school and any contract entered into to operate the school as an achievement charter school is void.
Sec. 39. 1. Any regulations adopted by the Department of Education pursuant to NRS 388B.060 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this act.
2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 40. NRS 0.0302, 0.0307, 388A.025, 388B.010, 388B.020, 388B.030, 388B.040, 388B.050, 388B.060, 388B.100, 388B.110, 388B.120, 388B.200, 388B.210, 388B.220, 388B.230, 388B.240, 388B.250, 388B.260, 388B.270, 388B.280, 388B.290, 388B.400, 388B.410, 388B.420, 388B.430, 388B.440 and 388B.450 are hereby repealed.
Sec. 41. This act becomes effective upon passage and approval.
________
Senate Bill No. 376Senators Woodhouse and Denis
CHAPTER 328
[Approved: June 3, 2019]
AN ACT relating to education; revising provisions relating to the Nevada Institute on Teaching and Educator Preparation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a college or university within the Nevada System of Higher Education to apply to the State Board of Education for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation and establishes certain requirements for the Institute. (NRS 396.5185) This bill requires the Institute to: (1) give priority to students from inside this State when recruiting students to participate in the Institutes program for the education and training of teachers; (2) identify opportunities to place students who complete the program in public schools throughout this State; (3) identify a target number of students to recruit for the program each year; and (4) establish requirements for persons who complete the program to engage in mentoring of students selected for the program. This bill also authorizes the Institute to accept gifts, donations, bequests, grants or other sources of money, property or services to support the Institute and to support students who are part of the program established by the Institute by allocating money to the student or reimbursing the student for certain costs.
κ2019 Statutes of Nevada, Page 2020 (CHAPTER 328, SB 376)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 396.5185 is hereby amended to read as follows:
396.5185 1. A college or university within the System is eligible to apply to the State Board for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation.
2. The Nevada Institute on Teaching and Educator Preparation shall:
(a) Establish a highly selective program for the education and training of teachers that:
(1) Recruits promising students pursuing teaching degrees from inside and outside this State [;] , with priority given to students from inside this State;
(2) Upon completion of the program, makes a student eligible to obtain a license to teach pupils in a program of early childhood education, kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State;
(3) Is thorough and rigorous and provides a student with increasing professional autonomy and responsibility;
(4) Allows a student to obtain experience in schools that serve high populations of pupils with disabilities or who are at risk or have other significant needs;
(5) Provides, in a manner that is aligned to the demographics of pupils in this State, the skills and knowledge necessary to teach the diverse population of pupils in this State; [and]
(6) Identifies opportunities for placement of students who complete the program in public schools throughout this State; and
(7) Provides instruction concerning the most contemporary and effective pedagogies, curricula, technology and behavior management techniques for teaching;
(b) Identify a target number of students to be selected for participation in the program each year, which must be not less than 25 students;
(c) Establish requirements for each person who has completed the program to serve as a mentor to future students selected for the program and collaborate with the program to build a community among students participating in the program and persons who have completed the program;
(d) Conduct innovative and extensive research concerning approaches and methods used to educate and train teachers and to teach pupils, including, without limitation, pupils with disabilities or pupils who are at risk or have other significant needs; and
[(c)] (e) Continually evaluate, develop and disseminate approaches to teaching that address the variety of settings in which pupils in this State are educated.
3. The Nevada Institute on Teaching and Educator Preparation may:
(a) Apply for and accept any gift, donation, bequest, grant or other source of money, or property or service provided in kind, for carrying out the duties of the Nevada Institute on Teaching and Educator Preparation; and
κ2019 Statutes of Nevada, Page 2021 (CHAPTER 328, SB 376)κ
(b) Support a student who is participating in the program by allocating money to the student or reimbursing the student for the costs of obtaining a teaching degree or a license to teach pupils.
4. An application to establish the Nevada Institute on Teaching and Educator Preparation pursuant to subsection 1 must demonstrate the ability of the applicant to:
(a) Meet the requirements of subsection 2;
(b) Provide additional money for the establishment and operation of the Institute that matches the grant of money awarded by the State Board; and
(c) Sustain and expand the Institute over time.
[4.] 5. As used in this section, pupil at risk has the meaning ascribed to it in NRS 388A.045.
Sec. 2. This act becomes effective on July 1, 2019.
________
Senate Bill No. 497Committee on Finance
CHAPTER 329
[Approved: June 3, 2019]
AN ACT relating to taxation; removing the requirement for certain business entities to file a commerce tax return with the Department of Taxation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes an annual commerce tax on each business entity engaged in business in this State whose Nevada gross revenue in a fiscal year exceeds $4,000,000 at a rate that is based on the industry in which the business entity is primarily engaged. (NRS 363C.200) Under existing law and regulations, a business entity whose Nevada gross revenue for a fiscal year is $4,000,000 or less must file an informational return with the Department of Taxation that includes, without limitation, an identification of the industry in which the business entity is primarily engaged and an affirmation under penalty of perjury that the Nevada gross revenue of the business entity for the fiscal year was less than $4,000,000 (NRS 363C.200; NAC 363C.220) This bill provides that a business entity whose Nevada gross revenue for a fiscal year is $4,000,000 or less is not required to file a commerce tax return with the Department.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 363C.200 is hereby amended to read as follows:
363C.200 1. For the privilege of engaging in a business in this State, a commerce tax is hereby imposed upon each business entity whose Nevada gross revenue in a taxable year exceeds $4,000,000 in an amount determined pursuant to NRS 363C.300 to 363C.560, inclusive. The commerce tax is due and payable as provided in this section.
κ2019 Statutes of Nevada, Page 2022 (CHAPTER 329, SB 497)κ
2. Each business entity [engaging in a business in this State during] whose Nevada gross revenue in a taxable year exceeds $4,000,000 shall, on or before the 45th day immediately following the end of that taxable year, file with the Department a [report] return on a form prescribed by the Department. The Department shall not require a business entity whose Nevada gross revenue for a taxable year is $4,000,000 or less to file a return for that taxable year. The [report] return required by this subsection must include such information as is required by the Department.
3. For the purposes of determining the amount of the commerce tax due pursuant to this chapter, the initial [report] return filed by a business entity with the Department pursuant to subsection 2 must designate the business category in which the business entity is primarily engaged. A business entity may not change the business category designated for that business entity unless the person applies to the Department to change such designation and the Department determines that the business is no longer primarily engaged in the designated business category.
4. A business entity shall remit with the return the amount of commerce tax due pursuant to subsection 1. Upon written application made before the date on which payment of the commerce tax due pursuant to this chapter must be made, the Department may for good cause extend by not more than 30 days the time within which a business entity is required to pay the commerce tax. If the commerce tax is paid during the period of extension, no penalty or late charge may be imposed for failure to pay the commerce tax at the time required, but the business entity shall pay interest at the rate of 0.75 percent per month from the date on which the amount would have been due without the extension until the date of payment, unless otherwise provided in NRS 360.232 or 360.320.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2023κ
Senate Bill No. 532Committee on Finance
CHAPTER 330
[Approved: June 3, 2019]
AN ACT making a supplemental appropriation to and authorizing the expenditure of money by the Division of Health Care Financing and Policy for an increase in the Medicaid cost-per-eligible participant and decrease in intergovernmental transfer revenue for Fiscal Years 2017-2018 and 2018-2019 and making a supplemental appropriation to the Division for unanticipated expenses for the Nevada Check-Up Program; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $17,808,203 for an increase in the Medicaid cost-per-eligible participant and decrease in intergovernmental transfer revenue for the Fiscal Years 2017-2018 and 2018-2019. This appropriation is supplemental to that made by section 17 of chapter 396, Statutes of Nevada 2017, at page 2637.
2. Expenditure of $25,839,364 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal year beginning on July 1, 2019, and ending on June 30, 2020, by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1. This authorization is supplemental to that made by section 1 of chapter 397, Statutes of Nevada 2017, at page 2654.
Sec. 2. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services the sum of $37,065 for unanticipated expenses for the support of the Nevada Check-Up Program. This appropriation is supplemental to that made by section 17 of chapter 396, Statutes of Nevada 2017, at page 2637.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2024κ
Senate Bill No. 536Committee on Finance
CHAPTER 331
[Approved: June 3, 2019]
AN ACT relating to energy; expanding the authorized uses of money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans, which may be used only to make loans at a rate of not more than 3 percent to qualified applicants for certain construction and manufacturing projects related to renewable energy, energy efficiency and energy conservation. (NRS 701.545-701.595) Section 4 of this bill authorizes the money in the Account to be used for any other purpose for which the United States Department of Energy has approved the use of money received pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, and deposited in the Account.
Sections 1-4 of this bill change the name of the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans to the Account for Renewable Energy, Energy Efficiency and Energy Conservation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 701.575 is hereby amended to read as follows:
701.575 1. The Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] is hereby created in the State General Fund. The Director shall administer the Account.
2. The account to fund activities, other than projects, authorized by the American Recovery and Reinvestment Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for the Municipal Bond Bank.
3. The money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs may be used only for the purposes set forth in the American Recovery and Reinvestment Act.
4. All claims against the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs must be paid as other claims against the State are paid.
5. The faith of the State is hereby pledged that the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the American Recovery and Reinvestment Act.
Sec. 2. NRS 701.580 is hereby amended to read as follows:
701.580 1. The interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs must be credited to the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs, respectively.
κ2019 Statutes of Nevada, Page 2025 (CHAPTER 331, SB 536)κ
Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs, respectively.
2. All payments of principal and interest on all loans made to a qualified applicant and all proceeds from the sale, refunding or prepayment of obligations of a qualified applicant acquired or loans made in carrying out the purposes of the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation . [Loans.]
3. The Director may accept gifts, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans,] or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the American Recovery and Reinvestment Act.
4. Only federal money deposited in a separate subaccount of the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] may be used to benefit a qualified applicant who is not a governmental entity.
Sec. 3. NRS 701.585 is hereby amended to read as follows:
701.585 1. The Director shall:
(a) Use the money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs for the purposes set forth in the American Recovery and Reinvestment Act.
(b) Determine whether a qualified applicant who receives money or other assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] or the Account for Set-Aside Programs complies with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
2. The Director may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs.
(b) Bind the Office of Energy to terms of the required agreements.
(c) Accept grants made pursuant to the American Recovery and Reinvestment Act.
(d) Manage the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs in accordance with the requirements and objectives of the American Recovery and Reinvestment Act.
(e) Provide services relating to management and administration of the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
κ2019 Statutes of Nevada, Page 2026 (CHAPTER 331, SB 536)κ
(f) Perform, or cause to be performed by agencies or organizations through interagency agreement, contract or memorandum of understanding, set-aside programs pursuant to the American Recovery and Reinvestment Act.
(g) Enter into agreements or cooperate with third parties to provide for enhanced leveraging of money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] additional financing mechanisms or any other program or combination of programs for the purpose of expanding the scope of financial assistance available from the Account for Renewable Energy, Energy Efficiency and Energy Conservation . [Loans.]
3. The Director shall not commit any money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] for expenditure for the purposes set forth in NRS 701.590 without obtaining the prior approval of the Legislature or the Interim Finance Committee if the Legislature is not in session.
Sec. 4. NRS 701.590 is hereby amended to read as follows:
701.590 1. Except as otherwise provided in subsection 6 and NRS 701.580, money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] including repayments of principal and interest on loans, and interest and income earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] may be used only [to] :
(a) To make loans at a rate of not more than 3 percent to a qualified applicant for:
[(a)] (1) The construction of an energy conservation project;
[(b)] (2) The construction of an energy efficiency project;
[(c)] (3) The construction or expansion of a renewable energy system; or
[(d)] (4) The manufacturing of components of a renewable energy system.
(b) For any other purpose for which the United States Department of Energy has approved the use of money received pursuant to the American Recovery and Reinvestment Act and deposited in the Account for Renewable Energy, Energy Efficiency and Energy Conservation.
2. Money in the Account for Set-Aside Programs may be used only to fund set-aside programs authorized by the American Recovery and Reinvestment Act. Money in the Account for Set-Aside Programs may be transferred to the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] pursuant to the American Recovery and Reinvestment Act.
3. A qualified applicant who requests a loan or other financial assistance must demonstrate that the qualified applicant has:
(a) Complied with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that the qualified applicant has the capability to comply with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
4. Money from the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] may not be given to a qualified applicant for the expansion of an existing renewable energy system unless the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
κ2019 Statutes of Nevada, Page 2027 (CHAPTER 331, SB 536)κ
regulations adopted pursuant thereto. To receive such funding for the construction of a new renewable energy system, a qualified applicant must demonstrate that the qualified applicant has the technical, managerial and financial capability to ensure compliance with the American Recovery and Reinvestment Act and regulations adopted pursuant thereto.
5. The Director shall, before approving an applicant for financial assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation , [Loans,] consider whether the applicant has received or is eligible to receive from any other governmental entity any money or other financial incentive, including, without limitation, any grant, loan, tax credit or abatement of any tax for the purpose of financing in whole or in part the energy efficiency or energy conservation project of the applicant.
6. The Director may use the interest earned on money in the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and the interest earned on loans made from the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] to defray, in whole or in part, the costs and expenses of administering the Account for Renewable Energy, Energy Efficiency and Energy Conservation [Loans] and to carry out the purposes of NRS 701.545 to 701.595, inclusive.
7. [The] In selecting qualified applicants to receive funding or assistance from the Account for Renewable Energy, Energy Efficiency and Energy Conservation, the Director shall give preference to qualified applicants seeking funding or assistance [from the Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans] for larger energy conservation projects, energy efficiency projects or renewable energy systems. The Director shall, by regulation, define larger energy conservation projects, energy efficiency projects or renewable energy systems for purposes of this section.
Sec. 5. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2028κ
Senate Bill No. 539Committee on Finance
CHAPTER 332
[Approved: June 3, 2019]
AN ACT relating to taxicabs; increasing the fee payable by the holder of a certificate of public convenience and necessity to operate a taxicab business in certain counties for each taxicab of the certificate holder; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, in counties whose population is 700,000 or more (currently Clark County), the Taxicab Authority has regulatory authority for taxicabs and persons who hold a certificate of public convenience and necessity to operate a taxicab business. (NRS 706.881, 706.8818) Existing law requires each certificate holder to pay the Taxicab Authority a fee of $100 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder. (NRS 706.8826) Section 1 of this bill increases that fee to $300.
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.8826 is hereby amended to read as follows:
706.8826 1. The board of county commissioners of any county in which there is in effect an order for the allocation of taxicabs from a taxicab authority, and the governing body of each city within any such county, shall deposit to the credit of the Taxicab Authority Fund all of the tax revenue which is received from the taxicab business operating in the county and city, respectively.
2. For the purpose of calculating the amount due to the State under subsection 1, the tax revenue of a county does not include any amount which represents a payment for the use of county facilities or property.
3. Any certificate holder who is subject to an order of allocation by the Taxicab Authority shall pay to the Taxicab Authority:
(a) A fee of [$100] $300 per year for each taxicab that the Taxicab Authority has allocated to the certificate holder;
(b) A fee set by the Taxicab Authority that must not exceed 20 cents per trip for each compensable trip of each of those taxicabs; and
(c) A technology fee in an amount set by the Taxicab Authority for each compensable trip of each of those taxicabs.
Κ The fees set forth in paragraphs (b) and (c) must be added to the meter charge.
4. The money received by the Taxicab Authority pursuant to this section must be deposited in the State Treasury to the credit of the Taxicab Authority Fund.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2029κ
Senate Bill No. 541Committee on Finance
CHAPTER 333
[Approved: June 3, 2019]
AN ACT relating to the governmental services tax; revising provisions governing the allocation of a portion of the proceeds of the basic governmental services tax; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes a basic tax for governmental services for the privilege of operating any vehicle upon the public highways of this State, which is collected by the Department of Motor Vehicles. (NRS 371.030, 482.260) Existing law requires the Department to withhold 6 percent of the amount of governmental services tax collected as a commission, and to thereafter direct the State Controller to transfer 25 percent of the proceeds to the State General Fund, and to transfer 75 percent of the proceeds to the State Highway Fund. (NRS 482.180, 482.182) This distribution of funds to both the State General Fund and the State Highway Fund expires by limitation on July 1, 2019, with the distribution of all proceeds thereafter to transfer to the State Highway Fund.
Section 1 of this bill removes the expiration date of the divided distribution, thus continuing to require the Department to direct that 25 percent of the proceeds be transferred to the State General Fund and 75 percent to the State Highway Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 514, Statutes of Nevada 2017, at page 3493, is hereby amended to read as follows:
Sec. 3. This act becomes effective on July 1, 2017 . [, and expires by limitation on June 30, 2019.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2030κ
Assembly Bill No. 25Committee on Commerce and Labor
CHAPTER 334
[Approved: June 3, 2019]
AN ACT relating to contractors; authorizing the State Contractors Board to delegate to a hearing officer or panel its authority to hold certain hearings; expanding the period during which an applicant for licensure as a contractor must have received certain experience before applying for licensure; repealing provisions which require an applicant for renewal of a contractors license who will engage in residential construction to submit certain financial information to the Board; expanding the period during which a license may be placed on inactive status; authorizing a licensee who was on active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard to apply to have his or her contractors license reinstated under certain circumstances; repealing provisions which prohibit a telephone number to a provider of paging services used in certain unlawful advertising from being disconnected; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if the State Contractors Board denies an application for issuance or renewal of a contractors license, the applicant for the license may submit a written request to the Board for a hearing concerning the denial of the application. If the applicant submits a written request, the Board is required to hold a hearing. (NRS 624.2545) Section 1 of this bill: (1) authorizes the Board to delegate to a hearing officer or panel its authority to hold a hearing concerning the denial of the license; and (2) requires the Board to adopt regulations setting forth the qualifications for a hearing officer.
Under existing law, an applicant for a contractors license or a licensee must show such experience, financial responsibility and general knowledge of the building, safety, health and lien laws of the State of Nevada as are required by the Board. In addition, each applicant for licensure as a contractor is required to have acquired at least 4 years of experience as a journeyman, foreman, supervising employee or contractor within the 10 years immediately preceding the date of filing of the application. (NRS 624.260) Section 2 of this bill increases the 10-year requirement to 15 years.
Under existing law, if an applicant for a contractors license will engage in residential construction and the applicant has not held a contractors license within the 2 years immediately preceding the date the application is submitted to the Board, the applicant is required to establish his or her financial responsibility by submitting a financial statement and other information to the Board. If the Board issues a contractors license to the applicant, the applicant is required, for the first 2 years after the issuance of the license, to submit with each application for the renewal of his or her license a financial statement and other information to the Board. (NRS 624.264) Section 3 of this bill repeals the requirement for the submission of a financial statement and other information with each application for the renewal of the license.
Under existing law, if a contractors license is placed on inactive status, the license may remain on inactive status for 5 years. (NRS 624.282) Section 4 of this bill increases the 5-year limitation on the inactive status of the license to 8 years.
κ2019 Statutes of Nevada, Page 2031 (CHAPTER 334, AB 25)κ
Under existing law, each contractors license expires 2 years after the date on which it was issued or on another date established by regulations of the Board. A license which is not renewed before the date for the renewal of the license is automatically suspended. (NRS 624.283) Section 5 of this bill: (1) authorizes a licensee whose license is automatically suspended while he or she was on active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard to submit an application to the Board requesting the reinstatement of his or her license without the imposition of a penalty or disciplinary action; (2) sets forth the requirements for the Board to reinstate the license; and (3) authorizes the Board to waive the fee for renewal of the license.
Under existing law, it is unlawful for a person to advertise as a contractor unless the person has a contractors license in the appropriate classification for the license. If the Board determines that a person violated the prohibition against unlawful advertising, the Board may, in addition to taking certain other actions, cause any telephone number included in the advertising to be disconnected, other than a telephone number to a provider of paging services. Section 6 of this bill repeals the provisions which prohibit the Board from causing the telephone number of a provider of paging services to be disconnected.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.2545 is hereby amended to read as follows:
624.2545 1. If the Board denies an application for issuance or renewal of a license pursuant to this chapter, the Board shall send by certified mail, return receipt requested, written notice of the denial to the most current address of the applicant set forth in the records of the Board.
2. A notice of denial must include, without limitation, a statement which explains that the applicant has a right to a hearing before the Board if the applicant submits a written request for such a hearing to the Board within 60 days after the notice of denial is sent to the address of the applicant pursuant to this section.
3. If an applicant who receives a notice of denial pursuant to this section desires to have the denial reviewed at a hearing before the Board, the applicant must submit a written request for a hearing before the Board concerning the denial within 60 days after the notice of denial is sent to the applicants address. If an applicant does not submit notice in accordance with this subsection, the applicants right to a hearing shall be deemed to be waived.
4. Except as otherwise provided in this subsection, if the Board receives notice from an applicant pursuant to subsection 3, the Board shall hold a hearing on the decision to deny the application of the applicant within 90 days after the date the Board receives notice pursuant to subsection 3. If an applicant requests a continuance and the Board grants the continuance, the hearing required pursuant to this subsection may be held more than 90 days after the date the Board receives notice pursuant to subsection 3. The Board may delegate to a hearing officer or panel its authority to hold a hearing concerning the denial of an application pursuant to this section. The Board shall adopt regulations setting forth the qualifications for a hearing officer.
κ2019 Statutes of Nevada, Page 2032 (CHAPTER 334, AB 25)κ
Sec. 2. NRS 624.260 is hereby amended to read as follows:
624.260 1. The Board shall require an applicant or licensee to show such a degree of experience, financial responsibility and such general knowledge of the building, safety, health and lien laws of the State of Nevada and the administrative principles of the contracting business as the Board deems necessary for the safety and protection of the public.
2. An applicant or licensee may qualify in regard to his or her experience and knowledge in the following ways:
(a) If a natural person, the applicant or licensee may qualify by personal appearance or by the appearance of his or her responsible managing employee.
(b) If a copartnership, a corporation or any other combination or organization, it may qualify by the appearance of the responsible managing officer or member of the personnel of the applicant firm.
Κ If an applicant or licensee intends to qualify pursuant to this subsection by the appearance of another person, the applicant or licensee shall submit to the Board such information as the Board determines is necessary to demonstrate the duties and responsibilities of the other person so appearing with respect to the supervision and control of the operations of the applicant or licensee relating to construction.
3. The natural person qualifying on behalf of another natural person or firm under paragraphs (a) and (b) of subsection 2 must prove that he or she is a bona fide member or employee of that person or firm and when his or her principal or employer is actively engaged as a contractor shall exercise authority in connection with the principal or employers contracting business in the following manner:
(a) To make technical and administrative decisions;
(b) To hire, superintend, promote, transfer, lay off, discipline or discharge other employees and to direct them, either by himself or herself or through others, or effectively to recommend such action on behalf of the principal or employer; and
(c) To devote himself or herself solely to the principal or employers business and not to take any other employment which would conflict with his or her duties under this subsection.
4. If, pursuant to subsection 2, an applicant or licensee intends to qualify by the appearance of another person, the Board may inquire into and consider any previous business experience of, and any prior and pending lawsuits, liens and judgments against, the other person.
5. A natural person may not qualify on behalf of another for more than one active license unless:
(a) One person owns at least 25 percent of each licensee for which the person qualifies;
(b) One licensee owns at least 25 percent of the other licensee; or
(c) One licensee is a corporation for public benefit as defined in NRS 82.021.
6. Except as otherwise provided in subsection 7, in addition to the other requirements set forth in this section, each applicant for licensure as a contractor must have had, within the [10] 15 years immediately preceding the filing of the application for licensure, at least 4 years of experience as a journeyman, foreman, supervising employee or contractor in the specific classification in which the applicant is applying for licensure. Training received in a program offered at an accredited college or university or an equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
κ2019 Statutes of Nevada, Page 2033 (CHAPTER 334, AB 25)κ
equivalent program accepted by the Board may be used to satisfy not more than 3 years of experience required pursuant to this subsection.
7. If the applicant who is applying for licensure has previously qualified for a contractors license in the same classification in which the applicant is applying for licensure, the experience required pursuant to subsection 6 need not be accrued within the [10] 15 years immediately preceding the application.
8. As used in this section, journeyman means a person who:
(a) Is fully qualified to perform, without supervision, work in the classification in which the person is applying for licensure; or
(b) Has successfully completed:
(1) A program of apprenticeship for the classification in which the person is applying for licensure that has been approved by the State Apprenticeship Council; or
(2) An equivalent program accepted by the Board.
Sec. 3. NRS 624.264 is hereby amended to read as follows:
624.264 1. In addition to any other requirements set forth in this chapter, if an applicant will engage in residential construction and the applicant or the natural person qualifying on behalf of the applicant pursuant to NRS 624.260 has not held a contractors license issued pursuant to this chapter within the 2 years immediately preceding the date that the application is submitted to the Board, the Board shall require the applicant to establish financial responsibility by submitting to the Board:
(a) A financial statement that is:
(1) Prepared by an independent certified public accountant; or
(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and
(b) Any other information required by the Board.
2. Before the Board may issue a contractors license to the applicant, the Board must determine whether, based on the financial information concerning the applicant, it would be in the public interest to do any or all of the following:
(a) Require the applicant to obtain the services of a construction control with respect to any money that the applicant requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the applicant may not:
(1) Be related to the construction control or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the applicant may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the limit is in effect; and
(2) During that period, may increase or decrease the limit as the Board deems appropriate.
[3. If the Board issues a contractors license to an applicant described in subsection 1, for the first 2 years after the issuance of the license, the licensee must submit to the Board, with each application for renewal of the license:
κ2019 Statutes of Nevada, Page 2034 (CHAPTER 334, AB 25)κ
(a) A financial statement that is:
(1) Prepared by an independent certified public accountant; or
(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and
(b) A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the Board. The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.
4. Before the Board may renew the contractors license of the licensee, the Board must determine whether, based on the financial information concerning the licensee, it would be in the public interest to do any or all of the following:
(a) Require the licensee to obtain the services of a construction control with respect to any money that the licensee requires a purchaser of a new residence to pay in advance to make upgrades to the new residence. If the Board imposes such a requirement, the licensee may not:
(1) Be related to the construction control or to an employee or agent of the construction control; or
(2) Hold, directly or indirectly, a financial interest in the business of the construction control.
(b) Establish an aggregate monetary limit on the contractors license, which must be the maximum combined monetary limit on all contracts that the licensee may undertake or perform as a licensed contractor at any one time, regardless of the number of contracts, construction sites, subdivision sites or clients. If the Board establishes such a limit, the Board:
(1) Shall determine the period that the limit is in effect; and
(2) During that period, may increase or decrease the limit as the Board deems appropriate.]
Sec. 4. NRS 624.282 is hereby amended to read as follows:
624.282 1. A contractor may apply to the Board to have his or her license placed on inactive status. The Board may grant the application if the license is in good standing and the licensee has met all requirements for the issuance or renewal of a contractors license as of the date of the application.
2. If the application is granted, the licensee shall not engage in any work or activities that require a contractors license in this State unless the licensee is returned to active status.
3. A person whose license has been placed on inactive status pursuant to this section is exempt from:
(a) The requirement to execute and maintain a bond pursuant to NRS 624.270; and
(b) The requirement to qualify in regard to his or her experience and knowledge pursuant to NRS 624.260.
4. The inactive status of a license is valid for [5] 8 years after the date that the inactive status is granted.
5. The Board shall not refund any portion of the renewal fee of a contractors license that was paid before the license was placed on inactive status.
6. The Board shall adopt regulations prescribing the:
(a) Procedures for making an application pursuant to this section;
κ2019 Statutes of Nevada, Page 2035 (CHAPTER 334, AB 25)κ
(b) Procedures and terms upon which a person whose license has been placed on inactive status may resume work or activities that require a contractors license; and
(c) Fees for the renewal of the inactive status of a license.
Sec. 5. NRS 624.283 is hereby amended to read as follows:
624.283 1. Each license issued under the provisions of this chapter expires 2 years after the date on which it is issued, except that the Board may by regulation prescribe shorter or longer periods and prorated fees to establish a system of staggered biennial renewals. Any license which is not renewed on or before the date for renewal is automatically suspended.
2. [A] Except as otherwise provided in subsection 5, a license may be renewed by submitting to the Board:
(a) An application for renewal;
(b) The fee for renewal fixed by the Board;
(c) Any assessment required pursuant to NRS 624.470 if the holder of the license is a residential contractor as defined in NRS 624.450; and
(d) All information required to complete the renewal.
3. The Board may require a licensee to demonstrate financial responsibility at any time through the submission of:
(a) A financial statement that is:
(1) Prepared by an independent certified public accountant; or
(2) Submitted on a form or in a format prescribed by the Board together with an affidavit which verifies the accuracy of the financial statement; and
(b) If the licensee performs residential construction, such additional documentation as the Board deems appropriate.
4. [If] Except as otherwise provided in subsection 5, if a license is automatically suspended pursuant to subsection 1, the licensee may have the license reinstated upon filing an application for renewal within 6 months after the date of suspension and paying, in addition to the fee for renewal, a fee for reinstatement fixed by the Board, if the licensee is otherwise in good standing and there are no complaints pending against the licensee. If the licensee is otherwise not in good standing or there is a complaint pending, the Board shall require the licensee to provide a current financial statement prepared by an independent certified public accountant or establish other conditions for reinstatement. An application for renewal must be accompanied by all information required to complete the renewal. A license which is not reinstated within 6 months after it is automatically suspended may be cancelled by the Board, and a new license may be issued only upon application for an original contractors license.
5. If a license is automatically suspended pursuant to subsection 1 while the licensee was on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, the licensee may submit an application to the Board requesting the reinstatement of his or her license without the imposition of any penalty, punishment or disciplinary action authorized by the provisions of this chapter. The Board may reinstate the license if:
(a) The application for reinstatement is submitted while the licensee is serving in the Armed Forces of the United States, a reserve component thereof or the National Guard; and
κ2019 Statutes of Nevada, Page 2036 (CHAPTER 334, AB 25)κ
(b) Except as otherwise provided in subsection 6, the application for reinstatement is accompanied by an affidavit setting forth the dates of service of the licensee and the fee for renewal fixed by the Board pursuant to subsection 2.
6. The Board may waive the fee for renewal of a license for a licensee specified in subsection 5 if:
(a) The license was valid at the time the licensee was called to active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard; and
(b) The licensee provides written documentation satisfactory to the Board substantiating his or her claim of service on active duty in the Armed Forces of the United States, a reserve component thereof or the National Guard.
Sec. 6. NRS 624.720 is hereby amended to read as follows:
624.720 1. It is unlawful for any person, including a person exempt under the provisions of NRS 624.031, to advertise as a contractor unless the person has a license in the appropriate classification established by the provisions of NRS 624.215 and 624.220.
2. Notwithstanding any other provision of this chapter, any person not licensed pursuant to the provisions of this chapter who advertises to perform or complete construction work or a work of improvement must state in the advertisement that he or she is not licensed pursuant to this chapter.
3. It is unlawful for a licensed contractor to disseminate, as part of any advertising by the contractor, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.
4. All advertising by a licensed contractor must include the name of the contractors company and the number of the contractors license.
5. It is unlawful for any person, whether or not licensed pursuant to this chapter, to advertise to perform or complete construction work or a work of improvement using a license number that does not correspond to a valid license issued to that person under this chapter.
6. If, after giving notice and holding a hearing pursuant to NRS 624.291, the Board determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to [:
(a) Cause] cause any telephone number included in the advertising [, other than a telephone number to a provider of paging services,] to be disconnected.
[(b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.]
7. If a person fails to comply with [paragraph (a) of] subsection 6 within 5 days after receiving an order pursuant to subsection 6, the Board may request the Public Utilities Commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement . [, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 6 within 5 days after receiving an order pursuant to subsection 6, the Board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
κ2019 Statutes of Nevada, Page 2037 (CHAPTER 334, AB 25)κ
subsection 6 within 5 days after receiving an order pursuant to subsection 6, the Board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.
8. If the provider of paging services receives a request from a person pursuant to subsection 6 or a request from the Board pursuant to subsection 7, it shall:
(a) Disconnect the paging service to the person; or
(b) Switch the beeper number of the paging service provided to the person.
Κ If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.
9.] 8. As used in this section:
(a) Advertising includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of contractor with or without any limiting qualifications.
(b) [Beeper means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.
(c) Provider of paging services means an entity, other than a public utility, that provides paging service to a beeper.
(d)] Provider of telephone service has the meaning ascribed to it in NRS 707.355.
Sec. 7. Notwithstanding the amendatory provisions of section 4 of this act, if the State Contractors Board, before October 1, 2019, places the license of a contractor on inactive status pursuant to NRS 624.282, as amended by section 4 of this act, the license shall be deemed to be inactive for 8 years after the date the inactive status of the license is granted, unless otherwise provided by the Board.
Sec. 8. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations and any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 2038κ
Assembly Bill No. 64Committee on Ways and Means
CHAPTER 335
[Approved: June 3, 2019]
AN ACT relating to education; revising provisions governing the calculation of apportionments to charter schools for pupils enrolled full-time in programs of distance education; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Superintendent of Public Instruction is required to apportion the State Distributive School Account in the State General Fund among the school districts, charter schools and university schools for profoundly gifted pupils. (NRS 387.124) Existing law provides various formulas for the calculation of the apportionment of funding to certain charter schools. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district, existing law requires a school district to pay the difference directly to a charter school. (NRS 387.1241) Section 1 of this bill instead requires that a school district pay this amount to the Department of Education, which shall then distribute the apportionment to a charter school. Section 1 also creates formulas for the calculation of the apportionment to charter schools for pupils who are enrolled full-time in a program of distance education, depending on the county in which each such pupil resides.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.1241 is hereby amended to read as follows:
387.1241 Except as otherwise provided in this section and NRS 387.124, 387.1242, 387.1244 and 387.528:
1. The apportionment to a charter school, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides minus the sponsorship fee prescribed by NRS 388A.414 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference [directly] to the Department for distribution to the charter school.
2. The apportionment to a charter school that is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.
κ2019 Statutes of Nevada, Page 2039 (CHAPTER 335, AB 64)κ
resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school.
3. The apportionment to a charter school, for pupils who are enrolled full-time in a program of distance education and reside in a county school district in which 5,000 or fewer pupils are enrolled, computed on a yearly basis, is equal to the estimated weighted average per pupil basic support guarantee calculated as described in NRS 387.122 and established by law for all the school districts and charter schools within this State plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to such a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference to the Department for distribution to the charter school.
4. The apportionment to a charter school, for pupils who are enrolled full-time in a program of distance education and reside in a county school district in which more than 5,000 pupils are enrolled, computed on a yearly basis, is equal to the sum of the basic support per pupil in the county in which the pupil resides plus the amount of local funds available per pupil pursuant to NRS 387.163 and all other funds available for public schools in the county in which the pupil resides, minus the sponsorship fee prescribed by NRS 388A.414 and minus all the funds attributable to pupils who are enrolled in the charter school but are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school. If the apportionment per pupil to such a charter school is more than the amount to be apportioned to the school district in which a pupil who is enrolled in the charter school resides, the school district in which the pupil resides shall pay the difference to the Department for distribution to the charter school.
5. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction to receive, in the first year of operation of the charter school, an apportionment 30 days before the apportionment is required to be made pursuant to NRS 387.124. Upon receipt of such a request, the Superintendent of Public Instruction may make the apportionment 30 days before the apportionment is required to be made. A charter school may receive all four apportionments in advance in its first year of operation.
Sec. 2. NRS 387.185 is hereby amended to read as follows:
387.185 1. Except as otherwise provided in subsection 2 and NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each county school district must be paid over by the State Treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.
κ2019 Statutes of Nevada, Page 2040 (CHAPTER 335, AB 64)κ
soon thereafter as the county treasurer may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.
2. Except as otherwise provided in NRS 387.528, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the State Treasurer to the school district on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the school district may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124.
3. No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this title and regulations adopted pursuant thereto.
4. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each charter school must be paid over by the State Treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to subsection [3] 5 of NRS 387.1241, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the charter school must be paid by the State Treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.
5. Except as otherwise provided in this subsection, unless the Superintendent of Public Instruction authorizes a withholding pursuant to NRS 387.1244, all school money due each university school for profoundly gifted pupils must be paid over by the State Treasurer to the governing body of the university school on August 1, November 1, February 1 and May 1 of each year or as soon thereafter as the governing body may apply for it, upon the warrant of the State Controller drawn in conformity with the apportionment of the Superintendent of Public Instruction as provided in NRS 387.124. If the Superintendent of Public Instruction has approved, pursuant to NRS 387.1242, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due to the university school must be paid by the State Treasurer to the governing body of the university school on July 1, October 1, January 1 or April 1, as applicable.
Sec. 3. NRS 388A.417 is hereby amended to read as follows:
388A.417 1. To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school.
κ2019 Statutes of Nevada, Page 2041 (CHAPTER 335, AB 64)κ
2. The count of pupils who are enrolled in the charter school must be revised each quarter based on the average daily enrollment of pupils in the charter school that is reported for that quarter pursuant to NRS 387.1223.
3. Pursuant to subsection [3] 5 of NRS 387.1241, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.
4. If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 and 387.1241 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.
Sec. 4. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 73Committee on Taxation
CHAPTER 336
[Approved: June 3, 2019]
AN ACT relating to homeless persons; providing for the creation of a temporary working group in Clark County to address issues relating to homelessness; requiring the working group to prepare and submit a report of its recommendations to address issues relating to homelessness; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Board of County Commissioners of Clark County and the governing bodies of each city in Clark County to create a working group to: (1) consider methods to reduce homelessness in Clark County; and (2) identify sources of funding for programs created to reduce homelessness in Clark County. This bill requires the working group to prepare and submit a report to the Board and governing bodies on or before October 1, 2020, which sets forth: (1) recommendations on methods to reduce homelessness in Clark County; and (2) sources of funding to implement the recommendations made in the report. Additionally, this bill requires the Board and governing bodies to hold a public hearing on the report and set forth the reason for rejecting a recommendation in the report on the record at the public hearing.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-7. (Deleted by amendment.)
Sec. 7.5. 1. The Legislature hereby finds and declares that:
(a) There is an urgent need to reduce homelessness in this State.
(b) The issue of homelessness is not isolated to a particular area but is a regional issue.
κ2019 Statutes of Nevada, Page 2042 (CHAPTER 336, AB 73)κ
(c) It is in the best interest of the residents of this State for counties and cities to work together in a shared and cooperative way to develop strategies for identifying sources of funding to reduce homelessness.
(d) The issue of homelessness is particularly acute in Clark County, the most populous county in this State.
2. On or before October 1, 2019, the Board of County Commissioners of Clark County and the governing body of each city in Clark County shall create a working group to work in conjunction with the Continuum of Care Program of the United States Department of Housing and Urban Development to:
(a) Consider methods to reduce homelessness in Clark County; and
(b) Identify sources of funding for programs created to reduce homelessness in Clark County.
3. The working group created pursuant to subsection 2 must be composed of members appointed by the Board of County Commissioners of Clark County and the governing body of each city in Clark County, which must include, without limitation, members who are representatives of groups who work on issues involving homelessness.
4. The members of the working group appointed pursuant to subsection 3 serve without compensation.
5. On or before October 1, 2020, the working group created pursuant to subsection 2 shall prepare and submit a report to the Board of County Commissioners of Clark County and the governing body of each city in Clark County which must include recommendations on:
(a) Methods to reduce homelessness in Clark County; and
(b) Sources of funding to implement the methods identified in the report.
6. The Board of County Commissioners and each governing body of a city that receives a report pursuant to subsection 5 shall hold a public hearing on the report and may accept, modify or reject each recommendation provided in the report. If the Board or governing body rejects a recommendation in the report, the Board or governing body shall set forth the reason for rejecting the recommendation on the record during the public hearing.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2043κ
Assembly Bill No. 76Committee on Health and Human Services
CHAPTER 337
[Approved: June 3, 2019]
AN ACT relating to mental health; authorizing the Commission on Behavioral Health to employ certain persons to assist the regional behavioral health policy boards; revising the counties that comprise certain behavioral health regions; creating the Clark Behavioral Health Region; revising the appointing authority to and members of a regional behavioral health policy board; revising the duties of a regional health policy board; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates four behavioral health regions and a regional behavioral health policy board for each region, consisting of 13 members who possess certain qualifications. (NRS 433.428, 433.429) Section 2 of this bill: (1) removes Mineral County from the Northern Behavioral Health Region; (2) removes Lincoln County from the Rural Behavioral Health Region; and (3) instead places those counties in the Southern Behavioral Health Region. Section 2 additionally removes Clark County and a portion of Nye County from the Southern Behavioral Health Region and instead newly creates the Clark Behavioral Health Region consisting of Clark County and that portion of Nye County. Section 3 of this bill revises the appointing authority and members of the regional behavioral health policy boards created for each behavioral health region.
Existing law prescribes the duties of the policy boards, which include: (1) advising the Department of Health and Human Services, the Division of Public and Behavioral Health of the Department and the Commission on Behavioral Health concerning certain issues; and (2) submitting an annual report to the Commission. (NRS 433.4295) Section 4 of this bill additionally requires the policy boards to advise the Department, Division and Commission concerning redundant, conflicting or obsolete federal, state and local laws and regulations that relate to behavioral health. Section 4 also requires each behavioral health policy board to: (1) establish an electronic repository of data and information concerning behavioral health and behavioral health services in the behavioral health region; (2) track and compile data concerning persons admitted involuntarily to mental health facilities, hospitals and programs of community-based or outpatient services; and (3) identify and coordinate with other entities that address issues relating to behavioral health. Additionally, section 4 revises the contents of the annual report that each policy board is required to submit to the Commission.
Section 1 of this bill authorizes the Commission on Behavioral Health to employ an administrative assistant and a data analyst to assist the policy boards in carrying out their duties. (NRS 433.314)
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.314 is hereby amended to read as follows:
433.314 1. The Commission shall:
[1.] (a) Establish policies to ensure adequate development and administration of services for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;
κ2019 Statutes of Nevada, Page 2044 (CHAPTER 337, AB 76)κ
intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders, including services to prevent mental illness, intellectual disabilities, developmental disabilities, substance use disorders and co-occurring disorders, and services provided without admission to a facility or institution;
[2.] (b) Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;
[3.] (c) Review the programs and finances of the Division;
[4.] (d) Report at the beginning of each year to the Governor and at the beginning of each odd-numbered year to the Legislature:
[(a)] (1) Information concerning the quality of the care and treatment provided for persons with mental illness, persons with intellectual disabilities, persons with developmental disabilities, persons with substance use disorders or persons with co-occurring disorders in this State and on any progress made toward improving the quality of that care and treatment; and
[(b)] (2) In coordination with the Department, any recommendations from the regional behavioral health policy boards created pursuant to NRS 433.429. The report must include, without limitation:
[(1)] (I) The epidemiologic profiles of substance use and abuse, problem gambling and suicide;
[(2)] (II) Relevant behavioral health prevalence data for each behavioral health region created by NRS 433.428; and
[(3)] (III) The health priorities set for each behavioral health region;
[5.] (e) Hear appeals, conduct investigations and issue orders pursuant to NRS 641.325, 641A.289, 641B.460 and 641C.800; and
[6.] (f) Review and make recommendations concerning regulations submitted to the Commission for review pursuant to NRS 641.100, 641A.160, 641B.160 and 641C.200.
2. The Commission may employ an administrative assistant and a data analyst to assist the regional behavioral health policy boards created by NRS 433.429 in carrying out their duties.
Sec. 2. NRS 433.428 is hereby amended to read as follows:
433.428 [Four] Five behavioral health regions are hereby created as follows:
1. The Northern Behavioral Health Region consisting of Carson City and the counties of Churchill, Douglas, Lyon [, Mineral] and Storey;
2. The Washoe Behavioral Health Region consisting of the county of Washoe;
3. The Rural Behavioral Health Region consisting of the counties of Elko, Eureka, Humboldt, Lander, [Lincoln,] Pershing and White Pine; [and]
4. The Southern Behavioral Health Region consisting of the counties of [Clark,] Esmeralda [and Nye.] , Lincoln and Mineral and the portion of the county of Nye that is north of the 38th parallel of north latitude; and
5. The Clark Behavioral Health Region consisting of the county of Clark and the portion of the county of Nye that is south of the 38th parallel of north latitude.
κ2019 Statutes of Nevada, Page 2045 (CHAPTER 337, AB 76)κ
Sec. 3. NRS 433.429 is hereby amended to read as follows:
433.429 1. A regional behavioral health policy board is hereby created for each behavioral health region.
2. Each policy board consists of not less than 7 members and not more than 13 members [as follows:
(a) Six members appointed by the Governor or his or her designee as follows:
(1) One] appointed pursuant to this section.
3. The Speaker of the Assembly shall appoint to each policy board one member who represents the criminal justice system . [;
(2) Two members]
4. The Majority Leader of the Senate shall appoint to each policy board one member who represents law enforcement agencies and who has experience with and knowledge of matters relating to persons in need of behavioral health services.
5. The Governor shall appoint to each policy board one member who [have] has extensive experience in the delivery of social services in the field of behavioral health, including, without limitation, directors or officers of social service agencies in the behavioral health region . [; and
(3) Three members who represent the interests of one or more of the following:
(I) Hospitals,]
6. The Legislative Commission shall appoint to each policy board one member who is a Legislator.
7. The Administrator shall appoint to each policy board:
(a) One member who represents the interests of hospitals, residential long-term care facilities or facilities that provide acute inpatient behavioral health services;
[(II) Community-based organizations which provide behavioral health services;
(III) Administrators or counselors who are employed at facilities for the treatment of abuse of alcohol or drugs; or
(IV) Owners or administrators of residential treatment facilities, transitional housing or other housing for persons who are mentally ill or suffer from addiction or substance abuse.
Κ At least one member of the policy board appointed by the Governor or his or her designee for each region pursuant to this subparagraph must be a behavioral health professional who has experience in evaluating and treating children.
(b) Three members appointed by the Speaker of the Assembly as follows:
(1) One member who is a health officer of a county or who is in a position with duties similar to those of such a health officer;
(2) One member who is a psychiatrist or doctor of psychology with clinical experience and who is licensed to practice in this State; and
(3) One member who represents private or public insurers who offer coverage for behavioral health services.
(c) Three members appointed by the Majority Leader of the Senate as follows:
κ2019 Statutes of Nevada, Page 2046 (CHAPTER 337, AB 76)κ
(1) One member who has received behavioral health services in this State or a family member of such a person or, if such a person is not available, a person who represents the interests of behavioral health patients or the families of behavioral health patients;
(2) One member who represents providers of emergency medical services or fire services and who has experience providing emergency services to behavioral health patients, which may include, without limitation, a paramedic or physician; and
(3) One member who represents law enforcement agencies and who has experience with and knowledge of matters relating to people in need of behavioral health services.
(d) One member who is a Legislator, appointed by the Legislative Commission.
3.] (b) One member who represents the interests of administrators or counselors who are employed at facilities for the treatment of abuse of alcohol or drugs; and
(c) One member who represents providers of emergency medical services or fire services and who has experience providing emergency services to behavioral health patients, which may include, without limitation, a paramedic or physician.
8. The members appointed to a policy board pursuant to subsections 2 to 7, inclusive, may appoint to the policy board:
(a) One member who represents the interests of community-based organizations which provide behavioral health services.
(b) One member who represents the interests of owners or administrators of residential treatment facilities, transitional housing or other housing for persons with a mental illness or persons who abuse alcohol or drugs.
(c) One member who is a health officer of a county or who holds a position with similar duties, or, if no such person is available, an employee of a city, county or Indian tribe who has experience in the field of public health.
(d) One member who is a psychiatrist or a psychologist who holds the degree of doctor of psychology, has clinical experience and is licensed to practice in this State or, if no such person is available, a provider of health care, as defined in NRS 629.031, who has experience working with persons with a mental illness or persons who abuse alcohol or drugs.
(e) One member who represents private or public insurers who offer coverage for behavioral health services or, if no such person is available, another person who has experience in the field of insurance or working with insurers.
(f) One member who has received behavioral health services in this State, including, without limitation, services for substance use disorders, or a family member of such a person or, if such a person is not available, a person who represents the interests of behavioral health patients or the families of behavioral health patients.
9. If the members of a policy board described in subsections 2 to 7, inclusive, appoint both a member described in paragraph (a) of subsection 8 and a member described in paragraph (b) of subsection 8, at least one of those members must be a behavioral health professional who has experience in evaluating and treating children.
κ2019 Statutes of Nevada, Page 2047 (CHAPTER 337, AB 76)κ
10. In making appointments, preference must be given to persons who reside in the behavioral health region served by the policy board.
[4.] 11. Each member of the policy board serves without compensation for a term of 2 years and may be reappointed. The appointing authority may remove a member from the policy board if the appointing authority determines the member has neglected his or her duties. [Any vacancy in the membership of a policy board must be filled in the same manner as the original appointment.
5.] 12. If a vacancy occurs during the term of:
(a) A member who was appointed pursuant to subsection 2, 3, 4, 5 or 6, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.
(b) A member who was appointed pursuant to subsection 7, the policy board shall, by majority vote, appoint a member to fill the vacancy for the remainder of the unexpired term.
(c) A member who was appointed pursuant to subsection 8, the policy board may, by majority vote, appoint a member to fill the vacancy for the remainder of the unexpired term.
13. Each policy board shall meet not later than 60 days after all appointments to such board have been made and elect one member of the policy board to act as the Chair for the biennium. The Director of the Department or his or her designee shall preside over the election of the Chair for each policy board at each boards first meeting. [Each] Except as otherwise provided in subsection 14, each policy board shall thereafter meet at least quarterly at the call of the Chair.
[6.] 14. A policy board is not required to meet during any legislative session. If a policy board meets during a legislative session, the member of the policy board who is a Legislator is excused from attendance.
15. As used in this section, social services agency means any public agency or organization that provides social services in this State, including, without limitation, welfare and health care services.
Sec. 4. NRS 433.4295 is hereby amended to read as follows:
433.4295 1. Each policy board shall:
[1.] (a) Advise the Department, Division and Commission regarding:
[(a)] (1) The behavioral health needs of adults and children in the behavioral health region;
[(b)] (2) Any progress, problems or proposed plans relating to the provision of behavioral health services and methods to improve the provision of behavioral health services in the behavioral health region;
[(c)] (3) Identified gaps in the behavioral health services which are available in the behavioral health region and any recommendations or service enhancements to address those gaps; [and
(d)] (4) Any federal, state or local law or regulation that relates to behavioral health which it determines is redundant, conflicts with other laws or is obsolete and any recommendation to address any such redundant, conflicting or obsolete law or regulation; and
(5) Priorities for allocating money to support and develop behavioral health services in the behavioral health region.
[2.] (b) Promote improvements in the delivery of behavioral health services in the behavioral health region.
κ2019 Statutes of Nevada, Page 2048 (CHAPTER 337, AB 76)κ
[3.] (c) Coordinate and exchange information with the other policy boards to provide unified and coordinated recommendations to the Department, Division and Commission regarding behavioral health services in the behavioral health region.
[4.] (d) Review the collection and reporting standards of behavioral health data to determine standards for such data collection and reporting processes.
[5.] (e) To the extent feasible, establish an organized, sustainable and accurate electronic repository of data and information concerning behavioral health and behavioral health services in the behavioral health region that is accessible to members of the public on an Internet website maintained by the policy board. A policy board may collaborate with an existing community-based organization to establish the repository.
(f) To the extent feasible, track and compile data concerning persons admitted to mental health facilities and hospitals pursuant to NRS 433A.145 to 433A.197, inclusive, and to mental health facilities and programs of community-based or outpatient services pursuant to NRS 433A.200 to 433A.330, inclusive, in the behavioral health region, including, without limitation:
(1) The outcomes of treatment provided to such persons; and
(2) Measures taken upon and after the release of such persons to address behavioral health issues and prevent future admissions.
(g) Identify and coordinate with other entities in the behavioral health region and this State that address issues relating to behavioral health to increase awareness of such issues and avoid duplication of efforts.
(h) In coordination with existing entities in this State that address issues relating to behavioral health services, submit an annual report to the Commission which includes, without limitation [, the] :
(1) The specific behavioral health needs of the behavioral health region [. Such a] ;
(2) A description of the methods used by the policy board to collect and analyze data concerning the behavioral health needs and problems of the behavioral health region and gaps in behavioral health services which are available in the behavioral health region, including, without limitation, a list of all sources of such data used by the policy board;
(3) A description of the manner in which the policy board has carried out the requirements of paragraphs (c) and (g) of subsection 1 and the results of those activities; and
(4) The data compiled pursuant to paragraph (f) of subsection 1 and any conclusions that the policy board has derived from such data.
2. A report described in paragraph (h) of subsection 1 may be submitted more often than annually if the policy board determines that a specific behavioral health issue requires an additional report to the Commission.
Sec. 5. (Deleted by amendment.)
Sec. 6. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 2049κ
Assembly Bill No. 78Committee on Education
CHAPTER 338
[Approved: June 3, 2019]
AN ACT relating to education; revising provisions governing the operations of the State Public Charter School Authority; abolishing the Achievement School District; requiring an existing achievement charter school to convert to a charter school under the sponsorship of the State Public Charter School Authority or cease operations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Public Charter School Authority or a school district or college or university within the Nevada System of Higher Education that is approved by the Department of Education to sponsor a charter school. (NRS 388A.220) Existing law requires the Department to adopt regulations, including: (1) the process for the Department to conduct a comprehensive review of sponsors of charter schools every 3 years; and (2) the process for the Department to determine whether to continue or to revoke the authorization of a sponsor to sponsor charter schools. (NRS 388A.105) Existing regulations provide that in conducting a comprehensive review of each sponsor of a charter school to determine whether to continue or revoke the authorization of a sponsor to sponsor charter schools, the Department will: (1) review the annual reports required to be submitted; (2) determine whether the sponsor has complied with applicable state laws; and (3) determine whether the sponsor is authorized to sponsor charter schools. (NAC 388A.205) Section 25 of this bill: (1) codifies into statute these requirements from regulation; and (2) requires the Department to adopt regulations prescribing the criteria to be used in determining whether to continue or revoke the authorization of the sponsor to sponsor charter schools. Section 33.6 of this bill makes a conforming change.
Existing law creates the State Public Charter School Authority and prescribes the membership of the Authority. (NRS 388A.150, 388A.153) Section 34 of this bill revises the membership of the Authority to include two members appointed by the State Board of Education. Section 34.5 of this bill makes a conforming change, and section 80.73 of this bill provides for the appointment and initial terms of the new members. Existing law deems the State Public Charter School Authority a local educational agency for limited purposes. (NRS 388A.159) Section 35 of this bill deems the Authority to be a local educational agency for all purposes.
Existing law governs the manner in which applications for enrollment are submitted to the governing body of a charter school and requires a charter school to enroll pupils under certain circumstances. Existing law also authorizes a charter school to transfer a pupil to an appropriate school if the charter school determines it is unable to provide an appropriate special education program and services to such a pupil. (NRS 388A.453) Section 60 of this bill requires a charter school to immediately enroll certain pupils. Additionally, section 60 removes the authorization for a charter school to transfer a pupil if the charter school determines it is unable to provide an appropriate special education program and services to a pupil, as section 35 requires the State Public Charter School Authority, as the local educational agency, to provide such a program and services.
κ2019 Statutes of Nevada, Page 2050 (CHAPTER 338, AB 78)κ
Existing law requires each sponsor of a charter school to submit a written report to the Department on or before October 1 of each year. (NRS 388A.351) Section 59.5 of this bill revises that date to on or before February 15 of each year. Additionally, section 59.5 requires the report to: (1) be submitted on a form created by the Department; (2) be submitted to the State Board of Education on or before April 1 of each year; and (3) be reviewed by the State Board.
Assembly Bill No. 448 of the 2015 Legislative Session established the Achievement School District within the Department of Education, authorized the conversion of certain public schools to achievement charter schools and made various other changes relating to such schools. (Chapter 539, Statutes of Nevada 2015, p. 3775; NRS 388B.010-388B.450) Sections 1-24.9, 32-33.4, 47 and 80.1-80.65 of this bill repeal the statutory provisions added by that bill and make other conforming changes. Section 80.75 of this bill deems any achievement charter school and any application to operate an achievement charter school to be approved by the State Public Charter School Authority to operate a charter school.
Section 80.75 also requires a charter contract to be entered into with the State Public Charter School Authority to operate under existing law governing charter schools by July 1, 2020. If such a charter contract is not entered into by that date, section 80.75 provides that any contract to operate the achievement charter school becomes void, thereby requiring the achievement charter school to cease operations.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.005 is hereby amended to read as follows:
385.005 1. The Legislature reaffirms its intent that public education in the State of Nevada is essentially a matter for local control by local school districts. The provisions of this title are intended to reserve to the boards of trustees of local school districts within this state such rights and powers as are necessary to maintain control of the education of the children within their respective districts. These rights and powers may only be limited by other specific provisions of law.
2. The responsibility of establishing a statewide policy of integration or desegregation of public schools is reserved to the Legislature. The responsibility for establishing a local policy of integration or desegregation of public schools consistent with the statewide policy established by the Legislature is delegated to the respective boards of trustees of local school districts and to the governing body of each charter school.
3. The State Board shall, and the State Public Charter School Authority, [the Achievement School District,] each board of trustees of a local school district, the governing body of each charter school and any other school officer may, advise the Legislature at each regular session of any recommended legislative action to ensure high standards of equality of educational opportunity for all children in the State of Nevada.
Sec. 1.2. NRS 385.007 is hereby amended to read as follows:
385.007 As used in this title, unless the context otherwise requires:
1. [Achievement charter school means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.]
κ2019 Statutes of Nevada, Page 2051 (CHAPTER 338, AB 78)κ
to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.] Charter school means a public school that is formed pursuant to the provisions of chapter 388A of NRS.
2. Department means the Department of Education.
3. English learner has the meaning ascribed to it in 20 U.S.C. § 7801(20).
4. Homeschooled child means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.
5. Local school precinct has the meaning ascribed to it in NRS 388G.535.
6. Opt-in child means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.
7. 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.
8. School bus has the meaning ascribed to it in NRS 484A.230.
9. State Board means the State Board of Education.
10. University school for profoundly gifted pupils has the meaning ascribed to it in NRS 388C.040.
Sec. 1.4. NRS 385.111 is hereby amended to read as follows:
385.111 1. The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:
(a) Must be prepared in consultation with:
(1) Employees of the Department;
(2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;
(3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and
(4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130, appointed by the Council; and
(b) May be prepared in consultation with:
(1) Representatives of institutions of higher education;
(2) Representatives of regional educational laboratories;
(3) Representatives of outside consultant groups;
(4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120;
(5) The Legislative Bureau of Educational Accountability and Program Evaluation; and
(6) Other persons who the State Board determines are appropriate.
2. On or before March 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:
(a) Governor;
(b) Legislative Committee on Education;
κ2019 Statutes of Nevada, Page 2052 (CHAPTER 338, AB 78)κ
(c) Legislative Bureau of Educational Accountability and Program Evaluation;
(d) Board of Regents of the University of Nevada;
(e) Board of trustees of each school district; and
(f) Governing body of each charter school . [; and]
[(g) Executive Director of the Achievement School District.]
Sec. 1.6. NRS 385.620 is hereby amended to read as follows:
385.620 The Advisory Council shall:
1. Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;
2. Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority [, the Achievement School District] and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
3. Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;
4. Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;
5. Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;
6. Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;
7. Identify methods to communicate effectively with and provide outreach to parents, legal guardians and families of pupils who are English learners;
8. Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;
9. Work in collaboration with the Office of Parental Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635; and
10. On or before February 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the Legislature in odd-numbered years and to the Legislative Commission in even-numbered years, describing the activities of the Advisory Council and any recommendations for legislation.
Sec. 2. NRS 385A.070 is hereby amended to read as follows:
385A.070 1. The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district.
κ2019 Statutes of Nevada, Page 2053 (CHAPTER 338, AB 78)κ
program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385A.070 to 385A.320, inclusive, for each charter school sponsored by the school district. The information for charter schools must be reported separately.
2. The board of trustees of each school district shall, on or before December 31 of each year, prepare for the immediately preceding school year a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385A.070 to 385A.320, inclusive, and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.070 to 385A.320, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
3. The State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before December 31 of each year, prepare for the immediately preceding school year an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority [, Achievement School District] or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority [, Achievement School District] and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385A.070 to 385A.320, inclusive, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.
4. The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
Sec. 3. (Deleted by amendment.)
Sec. 3.2. NRS 385A.080 is hereby amended to read as follows:
385A.080 1. The Superintendent of Public Instruction shall:
(a) Prescribe forms for the reports required pursuant to NRS 385A.070 and provide the forms to the respective school districts, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school.
κ2019 Statutes of Nevada, Page 2054 (CHAPTER 338, AB 78)κ
(b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teacher Association;
(5) Budget Division of the Office of Finance;
(6) Legislative Counsel Bureau; and
(7) Charter School Association of Nevada,
Κ concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
2. The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program adopted pursuant to subsection 1 of NRS 385A.070 and consider any advice or recommendations submitted by the representatives with respect to the program.
Sec. 3.4. NRS 385A.090 is hereby amended to read as follows:
385A.090 1. On or before September 30 of each year:
(a) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority [, Achievement School District] or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:
(1) Governor;
(2) State Board;
(3) Department;
(4) Committee;
(5) Bureau; and
(6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.250.
(b) The board of trustees of each school district, the State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority [, the Achievement School District] or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district.
κ2019 Statutes of Nevada, Page 2055 (CHAPTER 338, AB 78)κ
of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority [, the Achievement School District] or the institution does not maintain a website, the State Public Charter School Authority [, the Achievement School District] or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.
2. Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.
Sec. 3.6. NRS 385A.240 is hereby amended to read as follows:
385A.240 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the attendance, truancy and transiency of pupils, including, without limitation:
(a) Records of the attendance and truancy of pupils in all grades, including, without limitation:
(1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.
(2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.
(b) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033, 392.125 or 392.760, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.
(c) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(d) The number of habitual truants reported for each school in the district and for the district as a whole, including, without limitation, the number who are:
(1) Reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144;
(2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144; and
κ2019 Statutes of Nevada, Page 2056 (CHAPTER 338, AB 78)κ
(3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.
2. On or before September 30 of each year:
(a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required by paragraph (a) of subsection 1.
(b) The State Public Charter School Authority [, the Achievement School District] and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3 of NRS 385A.070.
Sec. 4. NRS 385A.400 is hereby amended to read as follows:
385A.400 1. The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation , the information prescribed by NRS 385A.400 to 385A.520, inclusive.
2. A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.
3. The annual report of accountability must:
(a) Be prepared in a concise manner; and
(b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.
4. On or before January 15 of each year, the State Board shall provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department.
5. Upon the request of the Governor, the Attorney General, the Committee, the Bureau, the Board of Regents of the University of Nevada, the board of trustees of a school district, the State Public Charter School Authority, a college or university within the Nevada System of Higher Education, the governing body of a charter school, [the Executive Director of the Achievement School District] or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.
Secs. 5-24. (Deleted by amendment.)
Sec. 24.1. NRS 385A.670 is hereby amended to read as follows:
385A.670 1. On or before July 31 of each year, the Department shall determine whether each public school is meeting the school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.
2. The determination pursuant to subsection 1 for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority [, the Achievement School District] or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable.
κ2019 Statutes of Nevada, Page 2057 (CHAPTER 338, AB 78)κ
charter school is sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority [, the Achievement School District] or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:
(a) Except as otherwise provided in paragraph (b) [,] or (c) , [or (d),] the determination made for each public school to the board of trustees of the school district in which the public school is located.
(b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.
(c) [The determination made for the charter school to the Achievement School District if the charter school is sponsored by the Achievement School District.
(d)] The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.
3. If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:
(a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.
(b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.
Κ The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.
4. If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.
5. As used in this section:
(a) Irregularity in testing administration has the meaning ascribed to it in NRS 390.255.
(b) Irregularity in testing security has the meaning ascribed to it in NRS 390.260.
Sec. 24.2. NRS 385A.720 is hereby amended to read as follows:
385A.720 1. Based upon the information received from the Department pursuant to NRS 385A.670, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary rating for each public school in the school district in accordance with the statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education.
κ2019 Statutes of Nevada, Page 2058 (CHAPTER 338, AB 78)κ
Higher Education. The board of trustees shall make preliminary ratings for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary ratings for all charter schools sponsored by the State Public Charter School Authority [, all charter schools sponsored by the Achievement School District] and all charter schools sponsored by a college or university within the Nevada System of Higher Education.
2. Before making a final rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary rating is based and to present evidence. If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the rating for the school on September 15. If the school is a charter school sponsored by the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the rating for the school on September 15.
3. On or before September 15 of each year, the Department shall post on the Internet website maintained by the Department the determinations and final ratings made for all schools in this State.
Sec. 24.3. NRS 387.067 is hereby amended to read as follows:
387.067 1. The State Board may accept and adopt regulations or establish policies for the disbursement of money appropriated and apportioned to the State of Nevada, the school districts or the charter schools of the State of Nevada by the Congress of the United States for purposes of elementary and secondary education.
2. The Superintendent of Public Instruction shall deposit the money with the State Treasurer, who shall make disbursements therefrom on warrants of the State Controller issued upon the order of the Superintendent of Public Instruction.
3. The State Board, any school district within this State [, the Achievement School District] and any governing body of any charter school in this State may, within the limits provided in this section, make such applications, agreements and assurances to the Federal Government, and conduct such programs as may be required as a condition precedent to the receipt of money appropriated by any Act of Congress for purposes of elementary and secondary education. Such an agreement or assurance must not require this State, or a school district or governing body to provide money above the amount appropriated or otherwise lawfully available for that purpose.
Sec. 24.4. NRS 387.080 is hereby amended to read as follows:
387.080 1. The Director may enter into agreements with any agency of the Federal Government, the Department, the State Board, [the Achievement School District,] any board of trustees of a school district, any governing body of a charter school or any other entity or person. The Director may establish policies and prescribe regulations, authorize the employment of such personnel and take such other action as it considers necessary to provide for the establishment, maintenance, operation and expansion of any program of nutrition operated by a school district or of any other such program for which state or federal assistance is provided.
κ2019 Statutes of Nevada, Page 2059 (CHAPTER 338, AB 78)κ
2. The State Treasurer shall disburse federal, state and other money designated for a program of nutrition on warrants of the State Controller issued upon the order of the Director pursuant to regulations or policies of the State Department of Agriculture.
3. The Director may:
(a) Give technical advice and assistance to any person or entity in connection with the establishment and operation of any program of nutrition.
(b) Assist in training personnel engaged in the operation of any program of nutrition.
Sec. 24.5. NRS 387.090 is hereby amended to read as follows:
387.090 Except as otherwise provided in NRS 387.114 to 387.1175, inclusive, the board of trustees of each school district [, the Executive Director of the Achievement School District] and the governing body of each charter school may:
1. Operate or provide for the operation of programs of nutrition in the public schools under their jurisdiction.
2. Use therefor money disbursed to them pursuant to the provisions of NRS 387.068 to 387.1175, inclusive, gifts, donations and other money received from the sale of food under those programs.
3. Deposit the money in one or more accounts in one or more banks or credit unions within the State.
4. Contract with respect to food, services, supplies, equipment and facilities for the operation of the programs.
Sec. 24.6. NRS 387.1223 is hereby amended to read as follows:
387.1223 1. On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year.
2. Except as otherwise provided in subsection 3, basic support of each school district must be computed by:
(a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:
(1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.
(2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during the quarter.
(3) The count of pupils who reside in the county and are enrolled:
(I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
κ2019 Statutes of Nevada, Page 2060 (CHAPTER 338, AB 78)κ
participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.
(4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.
(5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.
(6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.
(7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474 [,] or subsection 1 of NRS 392.074 [, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school,] based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).
(b) Adding the amounts computed in paragraph (a).
3. Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
4. If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.
5. The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.
6. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.
7. Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section.
κ2019 Statutes of Nevada, Page 2061 (CHAPTER 338, AB 78)κ
basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.
8. Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.
Sec. 24.7. 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, 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, and pupils who are enrolled in a university school for profoundly gifted pupils located in the county, 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 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.
(d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
(e) Children detained in facilities for the detention of children, 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 1 of NRS 388A.471 [,] and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.474 . [and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school.]
(g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.
(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. Except as otherwise provided in this subsection, in establishing such regulations for the public schools, the State Board:
(a) 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.
(b) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
(c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department. Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
κ2019 Statutes of Nevada, Page 2062 (CHAPTER 338, AB 78)κ
minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
Sec. 24.75. NRS 388.020 is hereby amended to read as follows:
388.020 1. An elementary school is a public school in which grade work is not given above that included in the eighth grade, according to the regularly adopted state course of study.
2. A junior high or middle school is a public school in which the sixth, seventh, eighth and ninth grades are taught under a course of study prescribed and approved by the State Board. The school is an elementary or secondary school for the purpose of the licensure of teachers.
3. A high school is a public school in which subjects above the eighth grade, according to the state course of study, may be taught. The school is a secondary school for the purpose of the licensure of teachers.
4. A special school is an organized unit of instruction operating with approval of the State Board.
5. A charter school is a public school that is formed pursuant to the provisions of chapter 388A of NRS . [or an achievement charter school that is formed pursuant to chapter 388B of NRS.]
6. A university school for profoundly gifted pupils is a public school established pursuant to chapter 388C of NRS.
Sec. 24.8. NRS 388.795 is hereby amended to read as follows:
388.795 1. The Commission shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the Commission shall consider:
(a) Plans that have been adopted by the Department and the school districts and charter schools in this State;
(b) Plans that have been adopted in other states;
(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority [, the Achievement School District] and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
(d) The results of the assessment of needs conducted pursuant to subsection 6; and
(e) Any other information that the Commission or the Committee deems relevant to the preparation of the plan.
2. The plan established by the Commission must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this State;
(b) Increase the number of pupils in the public schools of this State who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and
κ2019 Statutes of Nevada, Page 2063 (CHAPTER 338, AB 78)κ
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. The Department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Κ as is necessary for the Commission to carry out the provisions of this section.
4. The following entities shall cooperate with the Commission in carrying out the provisions of this section:
(a) The State Board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
(d) The Department.
5. The Commission shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.
(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.
(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the Commission to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the Governor, the Committee and the Department its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.
(e) Review the plan annually and make revisions as it deems necessary or as directed by the Committee or the Department.
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee and the Department as the Commission deems necessary.
6. During the spring semester of each even-numbered school year, the Commission shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the Commission shall consider:
(a) The recommendations set forth in the plan pursuant to subsection 2;
(b) The plan for educational technology of each school district, if applicable;
(c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and
(d) Any other information deemed relevant by the Commission.
κ2019 Statutes of Nevada, Page 2064 (CHAPTER 338, AB 78)κ
Κ The Commission shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.
7. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the Commission and transmit the written compilation on or before June 1 of each even-numbered year to the Legislative Committee on Education and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
8. The Commission may appoint an advisory committee composed of members of the Commission or other qualified persons to provide recommendations to the Commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the Commission and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
9. As used in this section, public school includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.
Sec. 24.9. NRS 388.880 is hereby amended to read as follows:
388.880 1. Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.
2. The provisions of this section do not apply to a person who:
(a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, 200.50935, 392.303 or 432B.220.
(b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.
3. As used in this section:
(a) Reasonable cause to believe means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(b) School employee means a licensed or unlicensed person who is employed by:
(1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281; or
(2) The governing body of a charter school . [; or
(3) The Achievement School District.]
(c) School official means:
(1) A member of the board of trustees of a school district.
κ2019 Statutes of Nevada, Page 2065 (CHAPTER 338, AB 78)κ
(2) A member of the governing body of a charter school.
(3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.
[(4) The Executive Director of the Achievement School District.]
(d) Teacher means a person employed by the:
(1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.
(2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.
Sec. 25. Chapter 388A of NRS is hereby amended by adding thereto a new section to read as follows:
1. At least once every 3 years, the Department shall conduct a comprehensive review of each sponsor of a charter school that the Department has approved for sponsorship pursuant to NRS 388A.220.
2. In conducting a comprehensive review of a sponsor, the Department shall:
(a) Review the annual reports submitted to the Department by the sponsor pursuant to NRS 388A.351;
(b) Determine whether the sponsor has complied with all applicable statutes and regulations; and
(c) Determine whether the sponsor applies nationally recognized best practices, as described in regulation by the Department, in carrying out its duties as a sponsor.
3. The Department may obtain the assistance of any entity or person the Department deems necessary or appropriate to carry out the review.
4. After completing the comprehensive review, the Department shall determine whether to continue or revoke the authorization of a sponsor to sponsor charter schools.
5. The Department shall adopt by regulation the criteria to apply when determining whether to continue or revoke the authorization of a sponsor to charter schools pursuant to subsection 4.
Secs. 26-31. (Deleted by amendment.)
Sec. 32. NRS 388A.030 is hereby amended to read as follows:
388A.030 Educational management organization means a for-profit corporation, business, organization or other entity that provides services relating to the operation and management of charter schools . [and achievement charter schools.]
Sec. 33. (Deleted by amendment.)
Sec. 33.2. NRS 388A.075 is hereby amended to read as follows:
388A.075 The Legislature declares that by authorizing the formation of charter schools it is not authorizing:
1. [Except as otherwise provided in NRS 388B.290, the] The conversion of an existing public school, homeschool or other program of home study to a charter school.
2. A means for providing financial assistance for private schools or programs of home study. The provisions of this subsection do not preclude:
(a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of this chapter.
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(b) The payment of money to a charter school for the enrollment of children in classes at the charter school pursuant to subsection 1 of NRS 388A.471 who are enrolled in a public school of a school district or a private school or who are homeschooled.
3. The formation of charter schools on the basis of a single race, religion or ethnicity.
Sec. 33.4. NRS 388A.080 is hereby amended to read as follows:
388A.080 The provisions of this chapter do not authorize an existing public school, homeschool or other program of home study to convert to a charter school . [except as otherwise provided in NRS 388B.290.]
Sec. 33.6. NRS 388A.105 is hereby amended to read as follows:
388A.105 The Department shall adopt regulations that prescribe:
1. The process for submission of an application pursuant to NRS 388A.220 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools, the contents of the application, the process for the Department to review the application and the timeline for review;
2. [The process for the Department to conduct a comprehensive review of the sponsors of charter schools that it has approved for sponsorship pursuant to NRS 388A.220 at least once every 3 years;
3. The process for the Department to determine whether to continue or to revoke the authorization of a board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools;
4.] The process for submission of an application to form a charter school to the board of trustees of a school district and a college or university within the Nevada System of Higher Education, and the contents of the application;
[5.] 3. The process for submission of an application to renew a charter contract to the board of trustees of a school district and a college or university within the Nevada System of Higher Education, and the contents of the application;
[6.] 4. The criteria and type of investigation that must be applied by the board of trustees of a school district and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school, an application to renew a charter contract or a request for an amendment of a written charter or a charter contract;
[7.] 5. The process for submission of an amendment of a written charter or a charter contract to the board of trustees of a school district and a college or university within the Nevada System of Higher Education pursuant to NRS 388A.276 and the contents of the application; and
[8.] 6. In consultation with the State Public Charter School Authority, other sponsors of charter schools, governing bodies of charter schools and persons who may be affected:
(a) Requirements for the annual independent audits of charter schools, including, without limitation, required training for prospective auditors on the expectations and scope of the audits; and
(b) Ethics requirements for the governing bodies of charter schools.
κ2019 Statutes of Nevada, Page 2067 (CHAPTER 338, AB 78)κ
Sec. 34. NRS 388A.153 is hereby amended to read as follows:
388A.153 1. The State Public Charter School Authority consists of [seven] nine members. The membership of the State Public Charter School Authority consists of:
(a) Two members appointed by the Governor in accordance with subsection 2;
(b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;
(c) Two members, who must not be Legislators, appointed by the Speaker of the Assembly in accordance with subsection 2; [and]
(d) Two members appointed by the State Board of Education; and
(e) One member appointed by the Charter School Association of Nevada or its successor organization.
2. The Governor, the Majority Leader of the Senate , [and] the Speaker of the Assembly and the State Board of Education shall ensure that the membership of the State Public Charter School Authority:
(a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;
(b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;
(c) Includes persons with specific knowledge of:
(1) Issues relating to elementary and secondary education;
(2) School finance or accounting, or both;
(3) Management practices;
(4) Assessments required in elementary and secondary education;
(5) Educational technology; and
(6) The laws and regulations applicable to charter schools;
(d) Insofar as practicable, reflects the ethnic and geographical diversity of this State; and
(e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.
3. Each member of the State Public Charter School Authority must be a resident of this State.
4. Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, educational management organization or charter management organization.
5. Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State. For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority, the charter school or charter management organization which employs the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.
6. After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed.
κ2019 Statutes of Nevada, Page 2068 (CHAPTER 338, AB 78)κ
which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.
7. The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
8. Each member of the State Public Charter School Authority is entitled to receive:
(a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and
(b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 34.5. NRS 388A.156 is hereby amended to read as follows:
388A.156 1. The members of the State Public Charter School Authority shall meet throughout the year at the times and places specified by a call of the Chair or a majority of the members.
2. [Four] Five members of the State Public Charter School Authority constitute a quorum, and a quorum may exercise all the power and authority conferred on the State Public Charter School Authority.
Sec. 35. NRS 388A.159 is hereby amended to read as follows:
388A.159 1. Except as otherwise provided in NRS 388A.161, the State Public Charter School Authority is hereby deemed a local educational agency for [the purpose of directing] all purposes, including, without limitation:
(a) The provision of a free and appropriate public education to each pupil enrolled in a charter school sponsored by the State Public Charter School Authority;
(b) The provision of special education and related services provided by a charter school sponsored by the State Public Charter School Authority; and
(c) Directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that are eligible to receive such money.
2. A college or university within the Nevada System of Higher Education that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational agency. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.
[2.] 3. As used in this section, local educational agency has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A).
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Secs. 36-46. (Deleted by amendment.)
Sec. 47. NRS 388A.249 is hereby amended to read as follows:
388A.249 1. A committee to form a charter school or charter management organization may submit the application to the proposed sponsor of the charter school. [Except as otherwise provided in NRS 388B.290, if] If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.
2. The proposed sponsor of a charter school shall, in reviewing an application to form a charter school:
(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;
(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;
(c) Base its determination on documented evidence collected through the process of reviewing the application; and
(d) Adhere to the policies and practices developed by the proposed sponsor pursuant to subsection 2 of NRS 388A.223.
3. The proposed sponsor of a charter school may approve an application to form a charter school only if the proposed sponsor determines that:
(a) The application:
(1) Complies with this chapter and the regulations applicable to charter schools; and
(2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor; and
(b) The applicant has demonstrated competence in accordance with the criteria for approval prescribed by the sponsor pursuant to subsection 2 of NRS 388A.223 that will likely result in a successful opening and operation of the charter school.
4. On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:
(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;
(b) The educational focus of each charter school for which an application was submitted;
(c) The current status of the application; and
(d) If the application was denied, the reasons for the denial.
Secs. 48-59. (Deleted by amendment.)
Sec. 59.5. NRS 388A.351 is hereby amended to read as follows:
388A.351 1. On or before [October 1] February 15 of each year, the sponsor of a charter school shall submit a written report to the Department [.] on a form prescribed by the Department. The written report must include:
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[1.] (a) For each charter school that it sponsors with a written charter, an evaluation of the progress of each such charter school in achieving the educational goals and objectives of the written charter.
[2.] (b) For each charter school that it sponsors with a charter contract, a summary evaluating the academic, financial and organizational performance of the charter school, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school.
[3.] (c) An identification of each charter school approved by the sponsor:
[(a)] (1) Which has not opened and the scheduled time for opening, if any;
[(b)] (2) Which is open and in operation;
[(c)] (3) Which has transferred sponsorship;
[(d)] (4) Whose written charter has been revoked or whose charter contract has been terminated by the sponsor;
[(e)] (5) Whose charter contract has not been renewed by the sponsor; and
[(f)] (6) Which has voluntarily ceased operation.
[4.] (d) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.
[5.] (e) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 388A.381, including an itemized accounting of the actual costs of those services.
[6.] (f) The amount of any money from the Federal Government that was distributed to the charter school, any concerns regarding the equity of such distributions and any recommendations on how to improve access to and distribution of money from the Federal Government.
2. On or before April 1 of each year, the Department shall submit to the State Board the report required pursuant to this section, to be reviewed by the State Board.
Sec. 60. NRS 388A.453 is hereby amended to read as follows:
388A.453 1. An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.
2. Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336 , [and] subsections 1 and 2 of NRS 388A.456, and any applicable federal law, including, without limitation, 42 U.S.C. §§ 11301 et seq., a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.
3. 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.
4. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district.
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in the school district in which the charter school is located before enrolling pupils who reside outside the school district.
5. Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, 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 pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system.
6. Except as otherwise provided in subsection [9,] 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:
(a) Race;
(b) Gender;
(c) Religion;
(d) Ethnicity;
(e) Disability;
(f) Sexual orientation; or
(g) Gender identity or expression,
Κ of a pupil.
7. A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.
8. [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.
9.] 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 a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or
(c) Who are at risk or, for a charter school that is eligible to be rated using the alternative performance framework pursuant to subsection 4 of NRS 385A.740, who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3 of NRS 385A.740.
Κ 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 pursuant to this subsection on the basis of a lottery system.
Secs. 61-80. (Deleted by amendment.)
Sec. 80.1. NRS 388G.050 is hereby amended to read as follows:
388G.050 1. There is hereby established a Program of Empowerment Schools for public schools within this State. The Program does not include a university school for profoundly gifted pupils . [or an achievement charter school.]
2. The board of trustees of a school district which is located:
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(a) In a county whose population is less than 100,000 may approve public schools located within the school district to operate as empowerment schools.
(b) In a county whose population is 100,000 or more but less than 700,000 shall approve not less than 5 percent of the schools located within the school district to operate as empowerment schools.
3. The board of trustees of a school district which participates in the Program of Empowerment Schools shall, on or before September 1 of each year, provide notice to the Department of the number of schools within the school district that are approved to operate as empowerment schools for that school year.
4. The board of trustees of a school district that participates in the Program of Empowerment Schools may create a design team for the school district. If such a design team is created, the membership of the design team must consist of the following persons appointed by the board of trustees:
(a) At least one representative of the board of trustees;
(b) The superintendent of the school district, or the superintendents designee;
(c) Parents and legal guardians of pupils enrolled in public schools in the school district;
(d) Teachers and other educational personnel employed by the school district, including, without limitation, school administrators;
(e) Representatives of organizations that represent teachers and other educational personnel;
(f) Representatives of the community in which the school district is located and representatives of businesses within the community; and
(g) Such other members as the board of trustees determines are necessary.
5. If a design team is created for a school district, the design team shall:
(a) Recommend policies and procedures relating to empowerment schools to the board of trustees of the school district; and
(b) Advise the board of trustees on issues relating to empowerment schools.
6. The board of trustees of a school district may accept gifts, grants and donations from any source for the support of the empowerment schools within the school district.
Sec. 80.15. NRS 390.265 is hereby amended to read as follows:
390.265 School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district [,] or the governing body of a charter school . [or the Achievement School District.]
Sec. 80.2. NRS 390.270 is hereby amended to read as follows:
390.270 1. The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
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(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:
(1) By category, the employees of the school district, [Achievement School District,] charter school or Department, or any combination thereof, who are responsible for taking the action; and
(2) Whether the school district, [Achievement School District,] charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.
(d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 390.295.
3. The Department shall post a copy of the plan adopted pursuant to this section and the procedures set forth therein on the Internet website maintained by the Department.
Sec. 80.25. NRS 390.380 is hereby amended to read as follows:
390.380 School official means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district [,] or the governing body of a charter school . [or the Achievement School District.]
Sec. 80.3. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, employee means any employee of a school district or charter school in this State.
2. A school month in any public school in this State consists of 4 weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of employees compensation in 12 equal monthly payments for 9 or more months work.
4. The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.
5. Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. In addition, boards of trustees may either prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick leave to licensed teachers in the form of purchase of service pursuant to subsection 4 of NRS 286.300. The amount of service so purchased must not exceed the number of hours of unused sick leave or 1 year, whichever is less.
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6. The salary of any employee unavoidably absent because of personal illness, accident or motor vehicle crash, or because of serious illness, accident, motor vehicle crash or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employees former school district or charter school to his or her new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred before using any of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.
(b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.
9. If any subject referred to in this section is included in an agreement or contract negotiated by:
(a) The board of trustees of a school district pursuant to chapter 288 of NRS; or
(b) The governing body of a charter school pursuant to NRS 388A.533 , [or 388B.400 to 388B.450, inclusive,]
Κ the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.
Sec. 80.35. NRS 392.128 is hereby amended to read as follows:
392.128 1. Each advisory board to review school attendance created pursuant to NRS 392.126 shall:
(a) Review the records of the attendance and truancy of pupils submitted to the advisory board to review school attendance by the board of trustees of the school district or the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;
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the school district or the State Public Charter School Authority [, the Achievement School District] or a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 2 of NRS 385A.240;
(b) Identify factors that contribute to the truancy of pupils in the school district;
(c) Establish programs to reduce the truancy of pupils in the school district, including, without limitation, the coordination of services available in the community to assist with the intervention, diversion and discipline of pupils who are truant;
(d) At least annually, evaluate the effectiveness of those programs;
(e) Establish a procedure for schools and school districts for the reporting of the status of pupils as habitual truants; and
(f) Inform the parents and legal guardians of the pupils who are enrolled in the schools within the district of the policies and procedures adopted pursuant to the provisions of this section.
2. The chair of an advisory board may divide the advisory board into subcommittees. The advisory board may delegate one or more of the duties of the advisory board to a subcommittee of the advisory board, including, without limitation, holding hearings pursuant to NRS 392.147. If the chair of an advisory board divides the advisory board into subcommittees, the chair shall notify the board of trustees of the school district of this action. Upon receipt of such a notice, the board of trustees shall establish rules and procedures for each such subcommittee. A subcommittee shall abide by the applicable rules and procedures when it takes action or makes decisions.
3. An advisory board to review school attendance may work with a family resource center or other provider of community services to provide assistance to pupils who are truant. The advisory board shall identify areas within the school district in which community services are not available to assist pupils who are truant. As used in this subsection, family resource center has the meaning ascribed to it in NRS 430A.040.
4. An advisory board to review school attendance created in a county pursuant to NRS 392.126 may use money appropriated by the Legislature and any other money made available to the advisory board for the use of programs to reduce the truancy of pupils in the school district. The advisory board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of the money used by the advisory board to review school attendance to reduce the truancy of pupils in the school district.
Sec. 80.4. NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.0305 to 41.039, inclusive, the term political subdivision includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an eligible entity pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, [the Achievement School District,] the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.
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Sec. 80.45. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection 4 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence consistent with the provisions of this chapter.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each workday or workweek.
(h) Total number of days work required of an employee in a work year.
(i) Except as otherwise provided in subsections 6 and [10,] 9, discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections 7 [,] and 9 , [and 10,] the policies for the transfer and reassignment of teachers.
(v) Procedures for reduction in workforce consistent with the provisions of this chapter.
(w) Procedures consistent with the provisions of subsection 4 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.
(c) The right to determine:
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(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:
(a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:
(1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.
Κ Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.
7. The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:
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(a) Reassigning any member of the staff of such a school; or
(b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.
8. Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection 7 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection 7 is unenforceable and void.
9. [The board of trustees of a school district may reassign any member of the staff of a school that is converted to an achievement charter school pursuant to NRS 388B.200 to 388B.230, inclusive, and any provision of any agreement negotiated pursuant to this chapter which provides otherwise is unenforceable and void.
10.] The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.
[11.] 10. This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.
[12.] 11. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.
[13.] 12. As used in this section [:
(a) Abuse] , abuse or neglect of a child has the meaning ascribed to it in NRS 392.281.
[(b) Achievement charter school has the meaning ascribed to it in NRS 385.007.]
Sec. 80.5. NRS 332.185 is hereby amended to read as follows:
332.185 1. Except as otherwise provided in subsection 2 and NRS 244.1505 and 334.070, all sales of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property. The governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, at public auction, if the governing body or its authorized representative determines that the property is no longer required for public use and deems such action desirable and in the best interests of the local government.
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2. The board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State [, to the Achievement School District] or to a charter school that is located within the school district without regard to:
(a) The provisions of this chapter; or
(b) Any statute, regulation, ordinance or resolution that requires:
(1) The posting of notice or public advertising.
(2) The inviting or receiving of competitive bids.
(3) The selling or leasing of personal property by contract or at a public auction.
3. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 80.55. NRS 361.065 is hereby amended to read as follows:
361.065 All lots, buildings and other school property owned by any legally created school district [, the Achievement School District] or a charter school within the State and devoted to public school purposes are exempt from taxation.
Sec. 80.6. Chapter 656A of NRS is hereby amended by adding thereto a new section to read as follows:
Charter school has the meaning ascribed to it in NRS 385.007.
Sec. 80.65. NRS 656A.020 is hereby amended to read as follows:
656A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.025 to 656A.065, inclusive, and section 80.6 of this act have the meanings ascribed to them in those sections.
Sec. 80.7. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 80.73. As soon as practicable after the effective date of this act but not later than October 1, 2019, the State Board of Education shall appoint to the State Public Charter School Authority pursuant to NRS 388A.153, as amended by section 34 of this act:
1. One member to a term that expires June 30, 2021; and
2. One member to a term that expires June 30, 2022.
Sec. 80.75. 1. On the effective date of this act, any achievement charter school and any application to operate an achievement charter school pursuant to NRS 388B.200 that has been approved shall be deemed to be approved by the State Public Charter School Authority to operate as a charter school sponsored by the State Public Charter School Authority.
2. As soon as possible after the effective date of this act a charter contract pursuant to NRS 388A.270 must be entered into with the State Public Charter School Authority for each school described in subsection 1 to operate as a charter school. Upon the execution of such a charter contract, the school shall be deemed a charter school for all purposes and is subject to the provisions of chapter 388A of NRS. A contract to operate an achievement charter school entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210 before the effective date of this act is void on the date on which the charter contract is executed or on July 1, 2020, whichever occurs sooner.
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3. Until a charter contract is entered into pursuant to subsection 2 or the contract to operate an achievement charter school is void pursuant to subsection 2, the State Public Charter Authority shall be deemed the sponsor of the achievement charter school and shall assume the duties prescribed for the Executive Director of the Achievement School District in any contract to operate the achievement charter school entered into pursuant to paragraph (d) of subsection 1 of NRS 388B.210, as that section existed before the effective date of this act.
4. As used in this section:
(a) Achievement charter school has the meaning ascribed to it in NRS 385.007, as that section existed before the effective date of this act.
(b) Charter school has the meaning ascribed to it in NRS 385.007, as amended by section 1.2 of this act.
Sec. 80.8. Notwithstanding the selection of any school before the effective date of this act for conversion to an achievement charter school pursuant to NRS 388B.200 beginning with the 2020-2021 school year, no action may be taken on or after the effective date of this act to complete the conversion or operate the school as an achievement charter school and any contract entered into to operate the school as an achievement charter school is void.
Sec. 80.85. 1. Any regulations adopted by the Department of Education pursuant to NRS 388B.060 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this act.
2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 80.9. NRS 0.0302, 0.0307, 388A.025, 388B.010, 388B.020, 388B.030, 388B.040, 388B.050, 388B.060, 388B.100, 388B.110, 388B.120, 388B.200, 388B.210, 388B.220, 388B.230, 388B.240, 388B.250, 388B.260, 388B.270, 388B.280, 388B.290, 388B.400, 388B.410, 388B.420, 388B.430, 388B.440 and 388B.450 are hereby repealed.
Sec. 81. This act becomes effective upon passage and approval.
________
κ2019 Statutes of Nevada, Page 2081κ
Assembly Bill No. 112Committee on Judiciary
CHAPTER 339
[Approved: June 3, 2019]
AN ACT relating to criminal justice; revising certain provisions governing the Advisory Commission on the Administration of Justice; repealing certain subcommittees of the Advisory Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Advisory Commission on the Administration of Justice and directs the Advisory Commission, among other duties, to identify and study the elements of this States system of criminal justice. Additionally, existing law requires the Advisory Commission to submit a report to the Director of the Legislative Counsel Bureau by September 1 of each even-numbered year. (NRS 176.0123, 176.0125) Sections 2 and 3 of this bill revise the duties of the Advisory Commission. Section 2: (1) removes language specifying certain duties of the Advisory Commission and instead generally requires the Advisory Commission, at the discretion of the Chair of the Advisory Commission, to identify and study certain elements of this States system of criminal justice; and (2) revises the deadline for the Advisory Commission to submit its report to December 1 of each even-numbered year. Section 3 requires the Advisory Commission to evaluate and review the submittal, storage and testing of sexual assault forensic evidence kits.
Existing law establishes and prescribes the duties of various subcommittees of the Advisory Commission. Such subcommittees include: (1) the Subcommittee on Juvenile Justice; (2) the Subcommittee on Victims of Crime; (3) the Subcommittee to Review Arrestee DNA; and (4) the Subcommittee on Medical Use of Marijuana. (NRS 176.0124-176.01247) Section 7 of this bill repeals these subcommittees. Sections 4 and 5 of this bill make conforming changes.
Finally, section 1 of this bill: (1) requires that a legislative member of the Advisory Commission serve as the Chair of the Advisory Commission; and (2) requires an officer or employee of this State or a political subdivision of this State who is a member of the Advisory Commission to be relieved from his or her duties as an officer or employee to prepare, attend meetings and perform work for the Advisory Commission without loss of his or her regular compensation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.0123 is hereby amended to read as follows:
176.0123 1. The Advisory Commission on the Administration of Justice is hereby created. The Commission consists of:
(a) One member who is a municipal judge or justice of the peace, appointed by the governing body of the Nevada Judges of Limited Jurisdiction;
(b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;
(c) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;
κ2019 Statutes of Nevada, Page 2082 (CHAPTER 339, AB 112)κ
(d) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;
(e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;
(f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;
(g) One member who is a representative of a law enforcement agency, appointed by the Governor;
(h) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;
(i) One member who is a representative of the Central Repository for Nevada Records of Criminal History, appointed by the Governor;
(j) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;
(k) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;
(l) One member who is a representative of the Nevada Sheriffs and Chiefs Association, appointed by the Nevada Sheriffs and Chiefs Association;
(m) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;
(n) The Director of the Department of Corrections;
(o) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and
(p) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.
Κ If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the associations successor in interest or, if there is no successor in interest, by the Governor.
2. The Attorney General is an ex officio voting member of the Commission.
3. Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
4. The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each days attendance at a meeting of the Commission.
5. At the first regular meeting of each odd-numbered year, the members of the Commission shall elect a Chair by majority vote [who] from among the legislative members of the Commission. Each Chair shall serve until the next Chair is elected.
6. The Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.
κ2019 Statutes of Nevada, Page 2083 (CHAPTER 339, AB 112)κ
7. A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Commission.
8. While engaged in the business of the Commission, to the extent of legislative appropriation, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
9. A member of the Commission who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Commission to:
(a) Make up the time the member is absent from work to carry out his or her duties as a member of the Commission; or
(b) Take annual leave or compensatory time for the absence.
10. To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.
Sec. 2. NRS 176.0125 is hereby amended to read as follows:
176.0125 The Commission shall:
1. Except as otherwise provided pursuant to NRS 176.0134 [,] and subject to the discretion of the Chair, evaluate and study the elements of this States system of criminal justice.
2. [Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:
(a) Policies relating to parole;
(b) Regulatory procedures and policies of the State Board of Parole Commissioners;
(c) Policies for the operation of the Department of Corrections;
(d) Budgetary issues; and
(e) Other related matters.
3. Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.
4. Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.
5. Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:
(a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and
(b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.
κ2019 Statutes of Nevada, Page 2084 (CHAPTER 339, AB 112)κ
6. Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:
(a) State Board of Pardons Commissioners to consider an application for clemency; and
(b) State Board of Parole Commissioners to consider an offender for parole.
7. Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.
8. Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.
9. Identify and study the impacts and effects of collateral consequences of convictions in this State. Such identification and study:
(a) Must cause to be identified any provision in the Nevada Constitution, the Nevada Revised Statutes and the Nevada Administrative Code which imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence;
(b) May rely on the study of this States collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177; and
(c) Must include the posting of a hyperlink on the Commissions website to any study of this States collateral sanctions, disqualifications and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177.
10.] Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.
[11.] 3. Provide a copy of any recommendations described in subsection [10] 2 to the Director of the Department of Public Safety.
[12.] 4. For each regular session of the Legislature, prepare a comprehensive report including the Commissions recommended changes pertaining to the administration of justice in this State, the Commissions findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than [September] December 1 of each even-numbered year.
Sec. 3. NRS 176.0125 is hereby amended to read as follows:
176.0125 The Commission shall:
1. Except as otherwise provided pursuant to NRS 176.0134 and subject to the discretion of the Chair, evaluate and study the elements of this States system of criminal justice.
2. Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.
3. Provide a copy of any recommendations described in subsection 2 to the Director of the Department of Public Safety.
κ2019 Statutes of Nevada, Page 2085 (CHAPTER 339, AB 112)κ
4. Evaluate and review issues relating to the submittal, storage and testing of sexual assault forensic evidence kits, including, without limitation, the review of any report required pursuant to NRS 200.3788.
5. For each regular session of the Legislature, prepare a comprehensive report including the Commissions recommended changes pertaining to the administration of justice in this State, the Commissions findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than December 1 of each even-numbered year.
6. As used in this section, sexual assault forensic evidence kit has the meaning ascribed to it in NRS 200.364.
Sec. 4. Section 4.5 of chapter 431, Statutes of Nevada 2017, at page 2891, is hereby amended to read as follows:
Sec. 4.5. The department or division designated by the Attorney General pursuant to section 1.7 of this act to establish a statewide program to track sexual assault forensic evidence kits shall, on or before July 1, 2021, submit to the Governor and the [Subcommittee to Review DNA of the] Advisory Commission on the Administration of Justice [created by NRS 176.01246, as amended by section 3.1 of this act,] a report concerning the status of the program and a plan for launching the program, including a plan for phased implementation.
Sec. 5. Section 8 of chapter 431, Statutes of Nevada 2017, at page 2891, is hereby amended to read as follows:
Sec. 8. 1. This section and sections 1, 1.3, 2, 3.3 to 4, inclusive, 5 and 6 of this act become effective on October 1, 2017.
2. Sections 1.7, 2.5 [, 3.1] and 4.5 of this bill become effective on January 1, 2021.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. 1. NRS 176.0124, 176.01245, 176.01246 and 176.01247 are hereby repealed.
2. Section 3.1 of chapter 431, Statutes of Nevada 2017, at page 2889, is hereby repealed.
Sec. 8. 1. This section and sections 1, 2 and 4 to 7, inclusive, of this act become effective on July 1, 2019.
2. Section 3 of this act becomes effective on January 1, 2021.
________
κ2019 Statutes of Nevada, Page 2086κ
Assembly Bill No. 126Assemblymen Bilbray-Axelrod, Backus; Fumo, Krasner and Neal
CHAPTER 340
[Approved: June 3, 2019]
AN ACT relating to civil actions; enacting provisions governing the procedure for changing the name of an unemancipated minor who is in the custody of an agency which provides child welfare services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions governing the procedure for a parent of an unemancipated minor to change the name of the minor. (NRS 41.295, 41.296, 41.297) Section 3 of this bill authorizes an attorney representing an unemancipated minor in the legal custody of an agency which provides child welfare services to file a petition to change the name of the minor. The petition must include: (1) the minors present name; (2) the name the minor will bear in the future; (3) the reason for the name change; (4) the consent of the minor if the minor is over 14 years of age; (5) the verified consent of any parent of the child who consents to the name change; (6) the name and address of each parent of the minor, if known; and (7) whether the minor has been convicted of a felony.
Section 4 of this bill requires the petitioning attorney to personally serve notice upon each parent of the unemancipated minor unless each parent consents to the change of name or the court has determined that it is in the best interest of the minor to not require notice of the petition to be provided to a parent of the minor. If the petitioning attorney submits an affidavit to the court stating that notice cannot be personally served on a parent, the court may order the service to be made by publication.
Section 5 of this bill requires the court to order the unemancipated minors name changed as requested in the petition if: (1) the court determines that the name change is in the best interest of the minor; and (2) the verified consent of each parent is stated in the petition. However, under section 5, if the court determines that it is in the best interest of the minor to waive the requirement for one or both parents of the minor to consent to the name change, the court is authorized to waive the requirement to obtain the consent of one or both parents of the minor. Section 5 also requires the court to hold a hearing to determine whether the name change is in the best interest of the minor if an objection is filed by a parent of the minor within a certain period.
Section 6 of this bill authorizes a petition to change the name of an unemancipated minor who is in the legal custody of an agency which provides child welfare services to be filed in a child welfare proceeding or in an action concerning divorce, child custody, the establishment of parentage, the termination of parental rights or the emancipation of the minor. If such a petition is filed, the notice and service requirements of the applicable proceeding or action apply.
Section 7 of this bill provides that the provisions of existing law governing the procedure to change the name of an unemancipated minor do not apply to an unemancipated minor in the legal custody of an agency which provides child welfare services because sections 2-6 of this bill would govern a name change for such a minor.
Section 8 of this bill makes a conforming change.
κ2019 Statutes of Nevada, Page 2087 (CHAPTER 340, AB 126)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 3. 1. An attorney representing an unemancipated minor in the legal custody of an agency which provides child welfare services who desires to have the name of the minor changed may file a verified petition with the clerk of the district court of the district in which the minor resides.
2. The petition must be addressed to the court and must state:
(a) The unemancipated minors present name;
(b) The name which the unemancipated minor will bear in the future;
(c) The reason for desiring the name change;
(d) The consent of the unemancipated minor, if over the age of 14 years;
(e) The verified consent, if any, of one or both parents of the unemancipated minor;
(f) The name and address of each parent of the unemancipated minor, if known; and
(g) Whether the unemancipated minor has been convicted of a felony.
Sec. 4. 1. Unless the verified consent of each parent is stated in the petition, and except as otherwise provided in this section, upon the filing of the petition filed by the attorney representing the unemancipated minor in the legal custody of an agency which provides child welfare services, the attorney shall make out and procure a notice that must:
(a) State the fact of filing of the petition, its object, the unemancipated minors present name and the name which the minor will bear in the future; and
(b) Be personally served with a copy of the petition upon each parent whose verified consent is not stated in the verified petition.
2. If the attorney representing the unemancipated minor in the legal custody of an agency which provides child welfare services submits to the court an affidavit stating that notice cannot, after due diligence, be personally served on a parent, the court may grant an order that the service be made by publication. When the affidavit is based on the fact that the present address of the parent is unknown, it is a sufficient showing of that fact if the affiant states generally in the affidavit that:
(a) At a previous time the parent resided in a certain place (naming the place and stating the latest date known to the affiant when the parent so resided there);
(b) That place is the last place in which the parent resided to the knowledge of the affiant;
(c) The parent no longer resides at that place; and
κ2019 Statutes of Nevada, Page 2088 (CHAPTER 340, AB 126)κ
(d) The affiant does not know the present place of residence of the parent or where the parent can be found.
Κ In such case, the affidavit shall be deemed to be a sufficient showing of due diligence to find the parent.
3. The order must direct the publication to be made in a newspaper, to be designated by the court, for a period of 4 weeks, and at least once a week during that time. When publication is ordered, personal service of a copy of the notice is equivalent to completed service by publication, and the person so served has 10 days after the service to appear and answer or otherwise plead. The service of the notice shall be deemed complete in cases of publication at the expiration of 4 weeks from the first publication.
4. Before a notice is published pursuant to subsection 2, the clerk of the court shall ensure that the name of the unemancipated minor is replaced with the initials of the minor in every instance where the name of the minor appears in the notice of hearing.
5. Whenever personal service cannot be made, the court may require, before ordering service by publication, such further and additional search to determine the whereabouts of the parent to be served as may be warranted by the facts stated in the affidavit to the end that actual notice be given whenever possible.
6. If one or both of the parents of the unemancipated minor are unknown, or if the name of either or both parents of the minor is uncertain, those facts must be set forth in the affidavit and the court shall order the notice to be directed and addressed to either parent of the minor, and to all persons claiming to be the parent of the minor. The notice, after the caption, must be addressed substantially as follows: To the parents of the above-named person, and to all persons claiming to be the parent of that person.
7. A parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630 shall be deemed to have waived any right to notice pursuant to this section.
8. A court may waive the requirement to provide notice to a parent pursuant to subsection 1 or 2, as applicable, if the petitioner files a motion seeking waiver of such notice and presents evidence satisfactory to the court that waiving the requirement for such notice is in the best interest of the unemancipated minor based upon the factors listed in subsection 4 of section 5 of this act.
Sec. 5. 1. Except as otherwise provided in subsection 2, the court shall make an order changing the name of the minor as prayed for in the petition filed by the attorney representing the unemancipated minor in the legal custody of an agency which provides child welfare services, upon being satisfied by the statements in the petition or other evidence that the name change is in the best interest of the unemancipated minor pursuant to subsection 4 if:
(a) The verified consent of:
(1) Each parent of the unemancipated minor is stated in the petition; or
(2) One parent of the unemancipated minor is stated in the petition, if a court finds that it is in the best interest of the minor not to require the other parent to consent to the name change;
κ2019 Statutes of Nevada, Page 2089 (CHAPTER 340, AB 126)κ
(b) Notice is required to be served or published pursuant to section 4 of this act, no written objection is filed with the clerk by a parent of the minor within 10 days after the parent is personally served or the last day of publication as ordered in section 4 of this act, upon proof of the filing of the petition and evidence of service; or
(c) The requirement to provide notice to one or both parents of the unemancipated minor was waived pursuant to subsection 8 of section 4 of this act.
2. If an objection is filed within the prescribed time period pursuant to this section, the court shall appoint a day for hearing the proofs, respectively, of the petitioner and the objection, upon reasonable notice. Upon that day, the court shall hear the proofs, and grant or refuse the prayer of the petitioner, according to whether the proofs show that making the name change is in the best interest of the unemancipated minor pursuant to subsection 4.
3. Upon the making of an order either granting or denying the prayer of the petitioner, the order must be recorded as a judgment of the court. If the petition is granted, the name of the unemancipated minor must thereupon be stated in the order and the clerk shall transmit a certified copy of the order to the State Registrar of Vital Statistics.
4. In determining the best interest of the unemancipated minor, the court shall consider and set forth its specific findings concerning, among other things:
(a) The wishes of the unemancipated minor if the minor is of sufficient age and capacity to form an intelligent preference as to his or her name change.
(b) The level of conflict between the parents.
(c) The mental and physical health of the parents.
(d) The physical, developmental and emotional needs of the unemancipated minor.
(e) The nature of the relationship of the unemancipated minor with each parent.
(f) Any history of parental abuse or neglect of the unemancipated minor or a sibling of the minor.
(g) Whether either parent or any other person has engaged in an act of domestic violence against the unemancipated minor, a parent of the minor or any other person residing with the minor.
(h) Whether either parent has committed any act of abduction against the unemancipated minor or any other minor.
Sec. 6. 1. In addition to a petition to change the name of an unemancipated minor in the legal custody of an agency which provides child welfare services which is filed pursuant to this chapter, such a petition may be filed in any action brought under the provisions of chapter 122A, 125, 125C, 126, 128, 129 or 432B of NRS. For any petition filed, the notice and service requirements of the chapter under which the applicable action was brought must be met.
2. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 7. 1. The provisions of NRS 41.291 to 41.298, inclusive, and this section do not apply to an unemancipated minor who is in the legal custody of an agency which provides child welfare services.
κ2019 Statutes of Nevada, Page 2090 (CHAPTER 340, AB 126)κ
2. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 8. NRS 41.291 is hereby amended to read as follows:
41.291 As used in NRS 41.291 to 41.298, inclusive, and section 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 41.293 and 41.294 have the meanings ascribed to them in those sections.
Sec. 9. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 129Assemblywomen Munk; Benitez-Thompson and Monroe-Moreno
CHAPTER 341
[Approved: June 3, 2019]
AN ACT relating to emergency response; requiring certain first responders to receive training concerning identifying and interacting with persons with developmental disabilities; providing that receiving such training does not change the standard of care for which such first responders are responsible; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure of ambulance attendants and firefighters and the certification of emergency medical technicians, advanced emergency medical technicians, paramedics and peace officers. (NRS 289.550, 450B.160, 450B.180) Sections 2, 4 and 11 of this bill require each applicant for such licensure or certification to complete training concerning persons with developmental disabilities before initial licensure or certification, as applicable. Sections 1, 3, 5-10 and 12 of this bill make conforming changes. Section 13 of this bill requires a person who, on October 1, 2019, is licensed as an ambulance attendant or firefighter or certified as an emergency medical technician, advanced emergency medical technician, paramedic or peace officer to submit proof on or before October 1, 2020, that he or she has completed the additional training concerning persons with developmental disabilities required by section 2, 4 or 11.
Section 10.5 of this bill provides that a person who is required to complete training concerning persons with developmental disabilities shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450B.064 is hereby amended to read as follows:
450B.064 Emergency medical services registered nurse means a registered nurse who is issued a certificate to serve as an attendant by the State Board of Nursing pursuant to subsection [8] 9 of NRS 450B.160.
κ2019 Statutes of Nevada, Page 2091 (CHAPTER 341, AB 129)κ
Sec. 2. NRS 450B.160 is hereby amended to read as follows:
450B.160 1. The health authority may issue licenses to attendants and to firefighters employed by or serving as volunteers with a fire-fighting agency.
2. Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.
3. An applicant for a license must file with the health authority:
(a) A current, valid certificate evidencing the applicants successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.
(b) A current valid certificate evidencing the applicants successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.
(c) A signed statement showing:
(1) The name and address of the applicant;
(2) The name and address of the employer of the applicant; and
(3) A description of the applicants duties.
(d) Proof that the applicant has completed the training required by subsection 4.
(e) Such other certificates for training and such other items as the board may specify.
4. In addition to the training required by subsection 3, each applicant for a license must complete training concerning identifying and interacting with persons with developmental disabilities.
5. The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
[5.] 6. Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.
[6.] 7. Licensed physicians, registered nurses and licensed physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the State Board of Nursing. A licensed physician assistant who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the Board of Medical Examiners.
[7.] 8. Each licensed physician, registered nurse and licensed physician assistant who serves as an attendant must have current certification of completion of training in:
(a) Advanced life-support procedures for patients who require cardiac care;
(b) Life-support procedures for pediatric patients who require cardiac care; and
(c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.
Κ The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.
κ2019 Statutes of Nevada, Page 2092 (CHAPTER 341, AB 129)κ
[8.] 9. The Board of Medical Examiners and the State Board of Nursing shall issue a certificate pursuant to subsection [7] 8 if the licensed physician, licensed physician assistant or registered nurse attends:
(a) A course offered by a national organization which is nationally recognized for issuing such certification;
(b) Training conducted by the operator of an ambulance or air ambulance; or
(c) Any other course or training,
Κ approved by the Board of Medical Examiners or the State Board of Nursing, whichever is issuing the certification.
10. As used in this section, developmental disability has the meaning ascribed to it in NRS 435.007.
Sec. 3. NRS 450B.171 is hereby amended to read as follows:
450B.171 Except as otherwise provided in this chapter, unlicensed relatives of a sick or injured patient and other persons may ride in an ambulance if there are two attendants in the ambulance, each of whom is licensed pursuant to this chapter or exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160.
Sec. 4. NRS 450B.180 is hereby amended to read as follows:
450B.180 1. Any person desiring certification as an emergency medical technician, advanced emergency medical technician or paramedic must apply to the health authority using forms prescribed by the health authority.
2. The health authority, pursuant to regulations and procedures adopted by the board, shall make a determination of the applicants qualifications to be certified as an emergency medical technician, advanced emergency medical technician or paramedic and shall issue the appropriate certificate to each qualified applicant.
3. A certificate is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter. The regulations and standards established by the board must provide for the completion of [a] :
(a) A course of instruction, within 2 years after initial [licensure,] certification, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
[(a)] (1) An overview of acts of terrorism and weapons of mass destruction;
[(b)] (2) Personal protective equipment required for acts of terrorism;
[(c)] (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
[(d)] (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
[(e)] (5) An overview of the information available on, and the use of, the Health Alert Network.
Κ The board may thereafter determine whether to establish regulations and standards requiring additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
κ2019 Statutes of Nevada, Page 2093 (CHAPTER 341, AB 129)κ
(b) Training before initial certification concerning identifying and interacting with persons with developmental disabilities. Training completed pursuant to this paragraph also satisfies the requirement for such training prescribed by NRS 450B.160 or section 11 of this act, if applicable.
4. The health authority may suspend or revoke a certificate if it finds that the holder of the certificate no longer meets the prescribed qualifications. Unless the certificate is suspended by the district court pursuant to NRS 425.540, the holder of the certificate may appeal the suspension or revocation of his or her certificate pursuant to regulations adopted by the board.
5. The board shall determine the procedures and techniques which may be performed by an emergency medical technician, advanced emergency medical technician or paramedic.
6. A certificate issued pursuant to this section is valid throughout the State, whether issued by the Division or a district board of health.
7. The Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Division or a district board of health.
8. The board shall adopt such regulations as are necessary to carry out the provisions of this section.
9. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Developmental disability has the meaning ascribed to it in NRS 435.007.
(e) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
[(e)] (f) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 5. NRS 450B.1905 is hereby amended to read as follows:
450B.1905 1. A program of training for certification as an emergency medical technician must be:
(a) Supervised by a physician and approved by the health authority; or
(b) Presented by a national organization which is nationally recognized for providing such training and approved by the board.
2. A program of training for certification as an emergency medical technician must follow the curriculum or educational standards prepared by the United States Department of Transportation as a national standard for emergency medical technicians.
3. The board may adopt regulations which prescribe other requirements of training for certification as an emergency medical technician.
4. An owner of an ambulance shall not offer emergency medical care to a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training for certification as an emergency medical technician or is exempt, pursuant to subsection [6] 7 of NRS 450B.160, from the requirement to obtain that training.
5. The board may by regulation prescribe additional requirements for receiving and maintaining certification as an emergency medical technician. The curriculum or educational standards for training must be:
(a) At the level of advanced first aid; or
κ2019 Statutes of Nevada, Page 2094 (CHAPTER 341, AB 129)κ
(b) At least equivalent to any curriculum or educational standards prepared by the Department of Transportation as a national standard for emergency medical technicians.
Sec. 6. NRS 450B.191 is hereby amended to read as follows:
450B.191 1. A program of training for certification as an advanced emergency medical technician must be supervised by a licensed physician and approved by the health authority.
2. A program of training for certification as an advanced emergency medical technician must include an approved curriculum in intravenous therapy and the management of a passage for air to the lungs. Only a certified emergency medical technician with experience as established by the board is eligible for this training.
3. In order to maintain certification, each advanced emergency medical technician must annually:
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his or her skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification as an advanced emergency medical technician. The curriculum must be at least equivalent to any curriculum or educational standards prepared by the United States Department of Transportation as a national standard for advanced emergency medical technicians.
5. A person shall not represent himself or herself to be an advanced emergency medical technician unless the person has on file with the health authority a currently valid certificate demonstrating successful completion of the program of training required by this section.
6. Except as authorized by subsection [6] 7 of NRS 450B.160, an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency shall not offer, emergency care as an advanced emergency medical technician without fulfilling the requirements established by the board.
Sec. 7. NRS 450B.195 is hereby amended to read as follows:
450B.195 1. Only a certified emergency medical technician with experience as established by the board is eligible for training as a paramedic.
2. A program of training for certification as a paramedic must be supervised by a licensed physician and approved by the health authority.
3. To maintain certification, each paramedic must annually:
(a) Comply with the requirements established by the board for continuing medical education; and
(b) Demonstrate his or her skills as required by regulation of the board.
4. The board may by regulation prescribe the curriculum and other requirements for training and maintaining certification as a paramedic. The curriculum must be at least equivalent to any curriculum or educational standards prepared by the United States Department of Transportation as a national standard for paramedics.
5. A person shall not represent himself or herself to be a paramedic unless the person has on file with the health authority a currently valid certificate evidencing the persons successful completion of the program of training required by this section.
6. Except as authorized by subsection [6] 7 of NRS 450B.160, an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency shall not offer, emergency care as a paramedic without fulfilling the requirements established by the board.
κ2019 Statutes of Nevada, Page 2095 (CHAPTER 341, AB 129)κ
chief officer of an ambulance or a fire-fighting agency shall not offer, emergency care as a paramedic without fulfilling the requirements established by the board.
Sec. 8. NRS 450B.260 is hereby amended to read as follows:
450B.260 1. Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.
2. An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160, except as otherwise provided in subsection 5 or in geographic areas which may be designated by the board and for which the board may prescribe lesser qualifications.
3. An air ambulance carrying a sick or injured patient must be occupied by a licensed attendant, or a person exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160, in addition to the pilot of the aircraft.
4. The pilot of an air ambulance is not required to have a license under this chapter.
5. A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons:
(a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care; or
(b) While transporting those persons to a medical facility unless at least two persons in the vehicle are licensed to provide the care.
6. Nothing in this section precludes the operation of an aircraft in this State in a manner other than as an air ambulance.
Sec. 9. NRS 450B.655 is hereby amended to read as follows:
450B.655 Dedicated advanced life support ambulance means an ambulance equipped to provide advanced life support that:
1. Is capable of transporting a patient from a special event to a hospital but, upon delivering the patient, immediately returns to the site of the special event; and
2. Is staffed by:
(a) At least one licensed attendant who is an emergency medical technician and one licensed attendant who is a paramedic; or
(b) At least two other attendants, each with an equivalent or a higher level of skill than the levels described in paragraph (a) and each of whom is licensed pursuant to this chapter or exempt from licensure pursuant to subsection [6] 7 of NRS 450B.160.
Sec. 10. NRS 450B.660 is hereby amended to read as follows:
450B.660 First-aid station means a fixed location at the site of a special event that is staffed by:
1. At least one licensed attendant who is an emergency medical technician, advanced emergency medical technician or paramedic; or
2. A person with a higher level of skill than the levels described in subsection 1 who is capable of providing emergency medical care within his or her scope of practice and is licensed pursuant to this chapter or exempt from licensure pursuant to subsection [6] 7 of NRS 450B.160.
κ2019 Statutes of Nevada, Page 2096 (CHAPTER 341, AB 129)κ
or her scope of practice and is licensed pursuant to this chapter or exempt from licensure pursuant to subsection [6] 7 of NRS 450B.160.
Sec. 10.5. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
An attendant, firefighter employed by or serving as a volunteer with a fire-fighting agency, an emergency medical technician, advanced emergency medical technician, paramedic or a peace officer who has received the training required pursuant to NRS 450B.160 or 450B.180 or section 11 of this act shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
Sec. 11. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Peace Officers Standards and Training Commission shall require, as a condition of the certification of each peace officer, the completion of training concerning identifying and interacting with persons with developmental disabilities.
2. Training completed pursuant to this section also satisfies the requirement for such training prescribed by NRS 450B.160 or 450B.180, if applicable.
3. As used in this section, developmental disability has the meaning ascribed to it in NRS 435.007.
Sec. 12. NRS 289.450 is hereby amended to read as follows:
289.450 As used in NRS 289.450 to 289.650, inclusive, and section 11 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.
Sec. 13. A person who, on October 1, 2019, is:
1. Licensed as an attendant or firefighter pursuant to NRS 450B.160;
2. Certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to NRS 450B.180; or
3. Certified as a peace officer pursuant to chapter 289 of NRS,
Κ must submit on or before October 1, 2020, proof that he or she has completed the training required, as applicable, by subsection 4 of NRS 450B.160, as amended by section 2 of this act, paragraph (b) of subsection 3 of NRS 450B.180, as amended by section 4 of this act, or section 11 of this act.
________
κ2019 Statutes of Nevada, Page 2097κ
Assembly Bill No. 163Assemblymen Watts; Cohen, Nguyen, Peters and Swank
Joint Sponsors: Senators Brooks; and Scheible
CHAPTER 342
[Approved: June 3, 2019]
AN ACT relating to water; revising certain requirements relating to a plan of water conservation; revising minimum standards for plumbing fixtures in new construction and expansions and renovations in certain structures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each supplier of water and each public utility to adopt a plan of water conservation, which must be submitted to the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources or the Public Utilities Commission of Nevada, as applicable. The plan of water conservation must also be updated and submitted to the Section or Commission, as applicable, every 5 years. (NRS 540.131, 540.141, 704.662, 704.6622) Sections 1 and 8 of this bill require each supplier of water and public utility: (1) who serves 3,300 persons or more to submit the results of a water loss audit with the plan of water conservation or update to the plan; and (2) who serves less than 3,300 persons to submit the results of certain calculations regarding water delivered and water billed with the plan of water conservation or update to the plan. Once a supplier or public utility has submitted the results of a water loss audit, sections 1 and 8 require the supplier of water or public utility to submit with any future update to the plan of water conservation: (1) a comparison between the results of the most recent audit or calculations and the audit or calculations previously submitted; and (2) an analysis of any progress made towards certain goals which must be established in the plan of water conservation for water loss. Sections 3 and 9 of this bill revise the provisions which must be included in a plan or a joint plan of water conservation to include establishing goals for acceptable levels of water loss.
Existing law establishes certain minimum standards for plumbing fixtures in new construction, expansions and renovations in residential, commercial or industrial structures, certain public buildings financed by a public body, manufactured buildings and homes and mobile homes. (NRS 278.582, 338.193, 461.175, 489.706) Sections 4-7 of this bill revise these requirements to instead require that, if the WaterSense program established by the United States Environmental Protection Agency has established a final product specification for a type of toilet, shower apparatus, faucet or urinal, new construction, expansions and renovations on these structures must install toilets, shower apparatuses, faucets and urinals that have been certified under the WaterSense program. Sections 4-7 exempt from these requirements any residential, commercial or industrial structure and public building financed by a public body that was constructed 50 years or more before the current year.
κ2019 Statutes of Nevada, Page 2098 (CHAPTER 342, AB 163)κ
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 540 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, each supplier of water that is required to adopt or update a plan of water conservation in accordance with the provisions of NRS 540.131 and:
(a) Serves 3,300 persons or more must conduct a water loss audit in accordance with the methodology and software of the American Water Works Association for water loss auditing. The results of the water loss audit must be submitted by the supplier of water to the Section with the plan of water conservation or update to the plan of water conservation, as applicable.
(b) Serves less than 3,300 persons must calculate the amount of water delivered by the supplier of water and the amount of water that was billed to customers of the supplier of water for each year. The calculations must be submitted by the supplier of water to the Section with the plan for water conservation or update to the plan of water conservation, as applicable.
2. If the supplier of water has previously submitted the results of a water loss audit to the Section pursuant to paragraph (a) of subsection 1, and is submitting an update to the plan of water conservation, the supplier must also submit to the Section:
(a) A comparison between the results of the new water loss audit and the previous water loss audit; and
(b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
3. If the supplier of water has previously submitted the results of the calculations conducted pursuant to paragraph (b) of subsection 1 to the Section, and is submitting an update to the plan of water conservation, the supplier must also submit to the Section:
(a) A comparison between the results of the new calculations and the previous calculations; and
(b) An analysis of any progress made by the supplier towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 540.141.
4. The provisions of this section do not apply to a transient water system as defined in NRS 445A.848.
Sec. 2. NRS 540.121 is hereby amended to read as follows:
540.121 As used in NRS 540.121 to 540.151, inclusive, and section 1 of this act, supplier of water includes, but is not limited to:
1. Any county, city, town, local improvement district, general improvement district and water conservancy district;
2. Any water district, water system, water project or water planning and advisory board created by a special act of the Legislature; and
3. Any other public or private entity,
κ2019 Statutes of Nevada, Page 2099 (CHAPTER 342, AB 163)κ
Κ that supplies water for municipal, industrial or domestic purposes. The term does not include a public utility required to adopt a plan of water conservation pursuant to NRS 704.662.
Sec. 3. NRS 540.141 is hereby amended to read as follows:
540.141 1. A plan or joint plan of water conservation submitted to the Section for review must include provisions relating to:
(a) Methods of public education to:
(1) Increase public awareness of the limited supply of water in this State and the need to conserve water.
(2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.
(b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.
(c) The management of water to [:
(1) Identify] identify and reduce [leakage] water loss in water supplies, inaccuracies in water meters and high pressure in water supplies [; and] , which must include, without limitation:
(1) Goals for acceptable levels of water loss in water supplies. Such goals may use the following performance indicators and analyses, without limitation:
(I) Infrastructure water loss index;
(II) Water audit data validity score;
(III) Operational basic apparent losses;
(IV) Operational basic real losses; and
(V) Economic level of water loss.
(2) [Where] A plan which analyzes how the supplier of water will progress towards the goals established for the acceptable levels of water loss.
(d) The management of water to, where applicable, increase the reuse of effluent.
[(d)] (e) A contingency plan for drought conditions that ensures a supply of potable water.
[(e)] (f) A schedule for carrying out the plan or joint plan.
[(f)] (g) A plan for how the supplier of water will progress towards the installation of meters on all connections.
[(g)] (h) Standards for water efficiency for new development.
[(h)] (i) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an estimate of the manner in which the tiered rate structure will impact the consumptive use of water.
[(i)] (j) Watering restrictions based on the time of day and the day of the week.
2. In addition to the requirements of subsection 1, a plan or joint plan of water conservation submitted to the Section for review by a supplier of water providing service for 500 or more connections must include provisions relating to:
(a) Measures to evaluate the effectiveness of the plan or joint plan.
(b) For each conservation measure specified in the plan or joint plan, an estimate of the amount of water that will be conserved each year as a result of the adoption of the plan or joint plan, stated in terms of gallons of water saved annually.
κ2019 Statutes of Nevada, Page 2100 (CHAPTER 342, AB 163)κ
3. The Section shall review any plan or joint plan submitted to it within 120 days after its submission and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.
4. The Chief may exempt wholesale water purveyors from the provisions of this section which do not reasonably apply to wholesale supply.
5. To the extent practicable, the State Engineer shall provide on the Internet website of the State Engineer a link to the plans and joint plans that are submitted for review. In carrying out the provisions of this subsection, the State Engineer is not responsible for ensuring, and is not liable for failing to ensure, that the plans and joint plans which are provided on the Internet website are accurate and current.
Sec. 4. NRS 278.582 is hereby amended to read as follows:
278.582 1. Each county and city shall include in its respective building code the requirements of this section. If a county or city has no building code, it shall adopt those requirements by ordinance and provide for their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government. Additionally, each county and city shall prohibit by ordinance the sale and installation of any plumbing fixture which does not meet the standards made applicable for the respective county or city pursuant to this section.
2. Except as otherwise provided in [subsections 3 and 4,] subsection 6, each residential, commercial or industrial structure on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
(d) A urinal which continually flows or flushes water must not be installed.
3. Except as otherwise provided in subsection [4,] 6, each residential, commercial or industrial structure on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
κ2019 Statutes of Nevada, Page 2101 (CHAPTER 342, AB 163)κ
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.
(e) A urinal which continually flows or flushes water must not be installed.
(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.
4. Except as otherwise provided in subsection 6, each residential, commercial or industrial structure on which construction begins on or after January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
5. For the purposes of subsection 4:
(a) A plumbing fixture is considered certified under the WaterSense program if the fixture has been:
(1) Tested by an accredited third-party certifying body or laboratory in accordance with the United States Environmental Protection Agencys WaterSense program or an analogous successor program;
(2) Certified by the certifying body or laboratory as meeting the performance and efficiency requirements of the WaterSense program or an analogous successor program; and
(3) Authorized by the WaterSense program or an analogous successor program to use the WaterSense label or the label of an analogous successor program.
(b) If the WaterSense program modifies the requirements for a plumbing fixture to be certified under the WaterSense program, a plumbing fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.
6. The requirements of this section for the installation of certain plumbing fixtures do not apply to any portion of [an] :
(a) An existing residential, commercial or industrial structure which is not being expanded or renovated [.] ; or
(b) An existing residential, commercial or industrial structure if the structure was constructed 50 years or more before the current year, regardless of whether that structure has been expanded or renovated since its original construction.
κ2019 Statutes of Nevada, Page 2102 (CHAPTER 342, AB 163)κ
Sec. 5. NRS 338.193 is hereby amended to read as follows:
338.193 1. Each public building sponsored or financed by a public body must meet the standards made applicable for the building pursuant to this section.
2. Except as otherwise provided in [subsections 3 and 4,] subsection 6, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.
3. Except as otherwise provided in subsection [4,] 6, each public building, other than a prison or jail, on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing public building which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.
(e) A urinal which continually flows or flushes water must not be installed.
(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.
4. Except as otherwise provided in subsection 6, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which is expanded or renovated on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
κ2019 Statutes of Nevada, Page 2103 (CHAPTER 342, AB 163)κ
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
5. For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 5 of NRS 278.582.
6. The requirements of this section for the installation of certain plumbing fixtures do not apply to any portion of [an] :
(a) An existing public building which is not being expanded or renovated [.] ; or
(b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original construction.
Sec. 6. NRS 461.175 is hereby amended to read as follows:
461.175 1. [Except as otherwise provided in subsection 2, each] Each manufactured building on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
2. Each manufactured building on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
3. Each manufactured building on which construction begins on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
κ2019 Statutes of Nevada, Page 2104 (CHAPTER 342, AB 163)κ
4. For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 5 of NRS 278.582.
Sec. 7. NRS 489.706 is hereby amended to read as follows:
489.706 1. [Except as otherwise provided in subsection 2, each] Each manufactured home or mobile home on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
2. Each manufactured home or mobile home on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
3. Each manufactured home or mobile home on which construction begins on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
4. For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 5 of NRS 278.582.
Sec. 8. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, each public utility that is required to adopt or update a plan of water conservation in accordance with the provisions of NRS 704.662 and:
(a) Serves 3,300 persons or more must conduct a water loss audit in accordance with the methodology and software of the American Water Works Association for water loss auditing. The results of the water loss audit must be submitted by the public utility to the Commission with the plan of water conservation or update to the plan of water conservation, as applicable.
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(b) Serves less than 3,300 persons must calculate the amount of water delivered by the supplier of water and the amount of water that was billed to customers of the supplier of water for each year. The calculations must be submitted by the public utility to the Commission with the plan for water conservation or update to the plan of water conservation, as applicable.
2. If the public utility has previously submitted the results of a water loss audit to the Commission pursuant to paragraph (a) of subsection 1, and is submitting an update to the plan of water conservation, the public utility must also submit to the Commission:
(a) A comparison between the results of the new water loss audit and the previous water loss audit; and
(b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
3. If the public utility has previously submitted the results of the calculations conducted pursuant to paragraph (b) of subsection 1 to the Commission, and is submitting an update to the plan of water conservation, the supplier must also submit to the Commission:
(a) A comparison between the results of the new calculations and the previous calculations; and
(b) An analysis of any progress made by the public utility towards the goals for acceptable water loss established in the plan for water conservation pursuant to paragraph (c) of subsection 1 of NRS 704.6622.
4. The provisions of this section do not apply to a transient water system as defined in NRS 445A.848.
Sec. 9. NRS 704.6622 is hereby amended to read as follows:
704.6622 1. A plan of water conservation submitted to the Commission for approval must include provisions relating to:
(a) Methods of public education to:
(1) Increase public awareness of the limited supply of water in this state and the need to conserve water.
(2) Encourage reduction in the size of lawns and encourage the use of plants that are adapted to arid and semiarid climates.
(b) Specific conservation measures required to meet the needs of the service area, including, but not limited to, any conservation measures required by law.
(c) The management of water to [:
(1) Identify] identify and reduce [leakage] water loss in water supplies, inaccuracies in water meters and high pressure in water supplies [; and] , which must include, without limitation:
(1) Goals for acceptable levels of water loss in water supplies. Such goals may use the following performance indicators and analyses, without limitation:
(I) Infrastructure water loss index;
(II) Water audit data validity score;
(III) Operational basic apparent losses;
(IV) Operational basic real losses; and
(V) Economic level of water loss.
(2) [Increase] A plan which analyzes how the public utility will progress towards the goals established for the acceptable levels of water loss.
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(d) The management of water to, where applicable, increase the reuse of effluent.
[(d)] (e) A contingency plan for drought conditions that ensures a supply of potable water.
[(e)] (f) A schedule for carrying out the plan.
[(f)] (g) A plan for how the public utility will progress towards the installation of meters on all connections, if applicable.
(h) Standards for water efficiency for new development.
(i) Tiered rate structures for the pricing of water to promote the conservation of water, including, without limitation, an estimate of the manner in which the tiered rate structure will impact the consumptive use of water.
(j) Watering restrictions based on the time of day and the day of the week.
(k) Measures to evaluate the effectiveness of the plan.
2. A plan submitted for approval must be accompanied by an analysis of the feasibility of charging variable rates for the use of water to encourage the conservation of water.
3. The Commission shall review any plan submitted to it and approve the plan if it is based on the climate and living conditions of the service area and complies with the requirements of this section.
Sec. 10. This act becomes effective:
1. Upon passage and approval for the purposes of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
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