Link to Page 2376

 

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ê2005 Statutes of Nevada, Page 2377 (Chapter 478, SB 434)ê

 

      Sec. 4.  NRS 597.713 is hereby amended to read as follows:

      597.713  As used in NRS 597.713 to 597.7198, inclusive [:] , and sections 2 and 3 of this act:

      1.  “Board” means the State Contractors’ Board.

      2.  “Contract” means any contract or agreement in which a contractor agrees to perform work concerning a residential swimming pool or spa.

      3.  “Contractor” means a person licensed pursuant to the provisions of chapter 624 of NRS [whose scope of work includes the] who performs work concerning a residential swimming pool or spa.

      4.  “Work concerning a residential swimming pool or spa” means any of the following acts, if performed for a fee:

      (a) The design, construction, repair , [or] maintenance , restoration, alteration or improvement of any residential swimming pool or spa, regardless of use, including the repair or replacement of existing equipment or the installation of new equipment, as necessary [.] ; or

      (b) Any consultation or supervision concerning such work.

Ê The scope of such work includes layout, excavation, operation of construction pumps for removal of water, steelwork, construction of floors, installation of gunite, fiberglass, tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment and installation of packaged pool heaters. The scope of such work also includes the installation of plumbing, including, without limitation, connections to potable water, and the installation of gas lines if the contractor holds classifications for such work pursuant to section 3 of this act.

      Sec. 5.  NRS 597.715 is hereby amended to read as follows:

      597.715  1.  Any contractor or subcontractor who performs work [for the repair, restoration, improvement or construction of] concerning a residential pool or spa shall, regardless of whether the work is performed under the direction of a builder who is also the owner of the property being improved:

      (a) Apply for and obtain all applicable permits for the project; and

      (b) Meet all applicable requirements imposed pursuant to:

             (1) This chapter;

             (2) Chapter 624 of NRS; and

             (3) Any regulations adopted by the Board,

Ê with respect to contracts for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa.

      2.  If a contractor or subcontractor performs work [for the repair, restoration, improvement or construction of] concerning a residential pool or spa and the work is performed under the direction of a builder who is also the owner of the property being improved, the owner shall comply with all state and local laws and ordinances for the submission of names, licenses and information concerning any required bonds and insurance with respect to the contractors and subcontractors working on the project.

      3.  With respect to a contract for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa, [regardless of use,] the work performed pursuant to such a contract must be supervised and controlled directly by the qualified employee or qualified officer of the contractor.

 


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ê2005 Statutes of Nevada, Page 2378 (Chapter 478, SB 434)ê

 

      4.  If [the repair, restoration, improvement or construction of] work concerning a residential pool or spa is performed under the direction of a builder who is exempt from having to obtain a license as a contractor because the builder is also the owner of the property being improved, a person shall not, directly or indirectly, perform or offer to perform, for a fee, any act as a consultant, adviser, assistant or aide to the builder for the purposes of the project, including, without limitation, any act associated with obtaining permits for the project, or otherwise hold himself out as being able to perform such acts for a fee, unless the person holds:

      (a) A license as a contractor or subcontractor under state law which authorizes the person to perform such acts for a fee; or

      (b) Any other license, certificate, registration or permit under state law which authorizes the person to perform such acts for a fee.

      Sec. 6.  NRS 597.716 is hereby amended to read as follows:

      597.716  1.  A contractor who receives an initial down payment or deposit of $1,000 or 10 percent of the aggregate contract price, whichever is less, for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa shall start the work within 30 days after the date all necessary permits for the work, if any, are issued, unless the person who made the payment agrees in writing to a longer period to apply for the necessary permits or start the work or to longer periods for both.

      2.  A contractor who receives money for [the repair, restoration, addition, improvement or construction of] work concerning a residential pool or spa shall complete the work diligently and shall not refuse to perform any work for any 30-day period.

      3.  If satisfactory payment is made for any portion of the work performed, the contractor shall, before any further payment is made, furnish the owner a full and unconditional release from any claim of mechanic’s lien for that portion of the work for which payment has been made.

      4.  The requirements of subsection 3 do not apply if the contract provides for the contractor to furnish a bond for payment and performance or joint control covering full performance and completion of the contract and the bond or joint control is furnished by the contractor.

      5.  [An agreement or] A contract for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa must contain a written statement explaining the rights of the customer under NRS 597.713 to 597.7198, inclusive, and sections 2 and 3 of this act and other relevant statutes.

      6.  A contractor may require final payment for the final stage or phase of the construction of a residential pool or spa after the completion of the plastering and the final inspection by the local building department, unless any installation of equipment, decking or fencing that is required in the contract is not completed.

      Sec. 7.  NRS 597.719 is hereby amended to read as follows:

      597.719  1.  The Board shall adopt by regulation mandatory elements to be included in all contracts to be used by contractors for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2001, any contract entered into between a contractor and the owner of a single-family residence for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa must comply with the standard elements adopted by the Board.

 


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ê2005 Statutes of Nevada, Page 2379 (Chapter 478, SB 434)ê

 

adopted by the Board. A contract that does not comply with the standard elements adopted by the Board is void and unenforceable against the owner.

      2.  Any such contract in an amount of more than $1,000 must contain in writing at least the following information:

      (a) The name of the contractor and his business address and license number.

      (b) The name and mailing address of the owner and the address or legal description of the property.

      (c) The date of execution of the contract.

      (d) The estimated date of completion of all work to be performed under the contract.

      (e) A description of the work to be performed under the contract.

      (f) The total amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.

      (g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the contractor by the owner before the start of construction.

      (h) A statement that the contractor has provided the owner with the notice and informational form required by NRS 624.600.

      (i) A statement that any additional work to be performed under the contract, whether or not pursuant to a change order, which will require the owner to pay additional money and any other change in the terms in the original contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner contracting for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa unless the change order clearly sets forth the scope of work to be completed and the price to be charged for the changes and is signed by the owner.

      (j) A plan and scale drawing showing the shape, size, dimensions and the specifications for the construction and equipment for the residential pool or spa and for other home improvements, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work.

      (k) Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the contractor to receive, nor may the contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit as authorized by subsection 1 of NRS 597.716 or the regulations adopted by the Board. With respect to a contract executed before October 1, 2001, if any schedule of payments set forth in the contract does not comply with the provisions of this chapter or chapter 624 of NRS or any regulations adopted pursuant thereto:

             (1) The obligation of the owner to make payments in accordance with the payment schedule shall be deemed void and unenforceable; and

             (2) The lender, if any, may not initiate proceedings to enforce the payment of any applicable loan unless and until the contract is reformed or otherwise amended to comply with those provisions of law.

 


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ê2005 Statutes of Nevada, Page 2380 (Chapter 478, SB 434)ê

 

Ê The provisions of this paragraph do not apply if the contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project [.] or if the contractor builds a residential pool or spa as part of the original building plan pursuant to which the contractor builds a single-family residence on the premises.

      (l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the contractor by the disbursing party in accordance with the provisions of paragraph (k).

Ê Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions as to which the parties may agree.

      3.  The contract must contain:

      (a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.

      (b) In close proximity to the signatures of the owner and the contractor, a notice stating that the owner:

             (1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand; and

             (2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270.

      4.  At the time the owner signs the contract, the contractor shall furnish him a legible copy of all documents signed and a written and signed receipt for any money paid to the contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type.

      5.  A condition, stipulation or provision in a contract [or other agreement] that requires a person to waive any right provided by NRS 597.713 to 597.7198, inclusive, and sections 2 and 3 of this act or relieves a person of an obligation or liability imposed by those sections is void. Failure to comply with the requirements of NRS 597.713 to 597.7198, inclusive, and sections 2 and 3 of this act renders a contract void and unenforceable against the owner.

      6.  The contractor shall apply for and obtain all necessary permits.

      Sec. 8.  NRS 597.7191 is hereby amended to read as follows:

      597.7191  1.  The Board shall adopt by regulation standards for advertisements used by contractors in connection with the solicitation or sale of contracts for [the repair, restoration, improvement or construction of] work concerning residential pools or spas.

      2.  The regulations adopted pursuant to subsection 1 must prohibit a contractor from employing “bait and switch” advertising or otherwise intentionally publishing, displaying or circulating any advertisement which is misleading or inaccurate in any material particular or which misrepresents any of the goods or services sold or furnished by the contractor to members of the public.

      3.  The Board shall, in adopting the standards required by subsection 1, give consideration to the provisions of chapter 598 of NRS relating to advertisements that constitute deceptive trade practices and, to the extent practicable, adopt standards that are at least as stringent as those provisions.

      4.  A contractor shall not cause to be published or display or circulate any advertisement that does not comply with the standards adopted by the Board pursuant to subsection 1.

 


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ê2005 Statutes of Nevada, Page 2381 (Chapter 478, SB 434)ê

 

      5.  As used in this section, “bait and switch” advertising has the meaning ascribed to it in NRS 482.351.

      Sec. 9.  NRS 597.7192 is hereby amended to read as follows:

      597.7192  1.  Except as otherwise provided in this section and NRS 597.7194, a contractor who [engages in the repair, restoration, improvement or construction of] performs work concerning a residential pool or spa shall not act as, or carry out the duties of, an officer, director, employee or owner of a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance [the repair, restoration, improvement or construction of] work concerning a residential pool or spa.

      2.  The provisions of this section do not prohibit a contractor from owning, holding or possessing, either directly or indirectly through a mutual fund or any other financial arrangement or investment plan, any stocks or other securities issued by a company, corporation or business entity described in subsection 1 if:

      (a) The stocks or other securities are offered openly to the public through a securities exchange; and

      (b) The contractor does not own, hold or possess a controlling interest in the company, corporation or business entity.

      Sec. 10.  NRS 597.7194 is hereby amended to read as follows:

      597.7194  1.  A contract for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa [, regardless of use,] is not enforceable against the owner if the obtaining of a loan for all or a portion of the contract price is a condition precedent to the contract unless all of the following requirements are satisfied:

      (a) A third party agrees to make the loan or give the financing.

      (b) The owner agrees to accept the loan or financing.

      (c) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

      2.  Unless and until all applicable requirements of subsection 1 are satisfied, a contractor shall not:

      (a) Perform or deliver any work, labor, material or services; or

      (b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

      3.  A contract for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa [, regardless of use,] is not enforceable against the owner if the contractor provides a loan or gives financing for all or a portion of the contract price unless all of the following requirements are satisfied:

      (a) The owner agrees to accept the loan or financing.

      (b) The owner does not rescind the loan or financing transaction within the period prescribed for rescission pursuant to the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq., or chapter 598 of NRS, if applicable.

      4.  Unless and until all applicable requirements of subsection 3 are satisfied, a contractor shall not:

      (a) Perform or deliver any work, labor, material or services; or

      (b) Represent in any manner that the contract is enforceable or that the owner has any obligation under the contract.

      5.  A contract for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa [, regardless of use,] is not enforceable against the owner if the contractor receives from a third party, either directly or indirectly, remuneration or any other thing of value for a loan to finance the [repair, restoration, improvement or construction] work and that fact is not disclosed in writing in the contract.

 


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ê2005 Statutes of Nevada, Page 2382 (Chapter 478, SB 434)ê

 

enforceable against the owner if the contractor receives from a third party, either directly or indirectly, remuneration or any other thing of value for a loan to finance the [repair, restoration, improvement or construction] work and that fact is not disclosed in writing in the contract.

      6.  As used in this section, “third party” means a bonding company, finance company, or any other corporation or business entity who cosigns, underwrites, obtains a deed of trust for, issues, sells, purchases or acquires a loan to finance [the repair, restoration, improvement or construction of] work concerning a residential pool or spa.

      Sec. 11.  NRS 597.7196 is hereby amended to read as follows:

      597.7196  1.  If a contractor who [engages in the repair, restoration, improvement or construction of] performs work concerning a residential pool or spa is determined by the Board to have violated:

      (a) One or more of the provisions of NRS 597.716, 597.719 or section 2 of this act or 624.301 to 624.305, inclusive; or

      (b) Any regulation adopted by the Board with respect to contracts for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa,

Ê the Board may require that the contractor obtain the services of a construction control for each contract that the contractor enters into for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa.

      2.  The contractor may not:

      (a) Be related to the construction control or to an employee or agent of the construction control; or

      (b) Hold, directly or indirectly, a financial interest in the business of the construction control.

      3.  As used in this section, “construction control” has the meaning ascribed to it in NRS 627.050.

      Sec. 12.  NRS 597.7198 is hereby amended to read as follows:

      597.7198  1.  A violation of any provision of NRS 597.715 to 597.7196, inclusive, or section 2 or 3 of this act or any [regulations] regulation adopted by the Board with respect to contracts for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa by a contractor constitutes cause for disciplinary action pursuant to NRS 624.300.

      2.  It is unlawful for a person to violate any provision of NRS 597.715 to 597.7196, inclusive [.] , or section 2 or 3 of this act.

      3.  Any person who violates any provision of NRS 597.715 to 597.7196, inclusive [:] , or section 2 or 3 of this act:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not more than $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 1 year.

      (c) For the third or subsequent offense, is guilty of a class E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000 and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

 


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ê2005 Statutes of Nevada, Page 2383 (Chapter 478, SB 434)ê

 

      4.  The imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

      Sec. 13.  NRS 624.270 is hereby amended to read as follows:

      624.270  1.  Before issuing a contractor’s license to any applicant, the Board shall require that the applicant:

      (a) File with the Board a surety bond in a form acceptable to the Board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or

      (b) In lieu of such a bond, establish with the Board a cash deposit as provided in this section.

      2.  Before granting renewal of a contractor’s license to any applicant, the Board shall require that the applicant file with the Board satisfactory evidence that his surety bond or cash deposit is in full force, unless the applicant has been relieved of the requirement as provided in this section.

      3.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.

      4.  Except as otherwise provided in subsection 6, the amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $1,000 or more than $500,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force. A bond required by this section must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291. Unless released earlier pursuant to subsection 5, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

      5.  After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the licensee to file a new bond or establish a new cash deposit as provided in subsection 4:

      (a) If evidence is presented to the Board supporting this requirement;

      (b) Pursuant to subsection 6, after notification of a final written decision by the Labor Commissioner; or

      (c) Pursuant to subsection 7.

Ê If a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

      6.  If the Board is notified by the Labor Commissioner pursuant to NRS 607.165 or otherwise receives notification that three substantiated claims for wages have been filed against a contractor within a 2-year period, the Board shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board.

 


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ê2005 Statutes of Nevada, Page 2384 (Chapter 478, SB 434)ê

 

shall require the contractor to file a bond or establish a cash deposit in an amount fixed by the Board. The contractor shall maintain the bond or cash deposit for the period required by the Board.

      7.  If a contractor who [engages in the repair, restoration, improvement or construction of] performs work concerning a residential pool or spa:

      (a) [Becomes licensed pursuant to this chapter on or after July 1, 2001;

      (b)] Is determined by the Board to have violated one or more of the provisions of NRS 624.301 to 624.305, inclusive;

      [(c)] (b) Enters into a contract on or after July 1, 2001, that is later found to be void and unenforceable against the owner pursuant to subsection 5 of NRS 597.719 or pursuant to any regulation adopted by the Board with respect to contracts for [the repair, restoration, improvement or construction of] work concerning a residential pool or spa; or

      [(d)] (c) Has five valid complaints filed against him with the Board within any 15-day period,

Ê the Board may require the contractor [shall] to comply with the provisions of subsection 8.

      8.  [A] If the Board requires a contractor described in subsection 7 to comply with the provisions of this subsection, the contractor shall, before commencing work [for the repair, restoration, improvement or construction of] concerning a residential pool or spa, obtain:

      (a) A performance bond in an amount equal to not less than 50 percent of the amount of the contract, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions set forth in the contract. The performance bond must be solely for the protection of the owner of the property to be improved.

      (b) [A] Except as otherwise provided in this paragraph, a payment bond in an amount equal to not less than 50 percent of the amount of the contract. The payment bond must be solely for the protection of persons supplying labor or materials to the contractor, or to any of his subcontractors, in carrying out the provisions of the contract.

Ê A bond required pursuant to this subsection must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The contractor shall maintain the bond for the period required by the Board. The contractor shall furnish to the building department of the city or county, as applicable, in which the work will be carried out, a copy of any bond. In lieu of a performance or payment bond, the contractor may obtain an equivalent form of security approved by the Board.

      9.  As used in this section, “substantiated claim for wages” has the meaning ascribed to it in NRS 607.165.

      Sec. 13.5.  NRS 624.275 is hereby amended to read as follows:

      624.275  1.  With respect to a surety bond that a licensed contractor maintains in accordance with NRS 624.270 [:] or 624.276:

      (a) The surety shall give prompt notice to the Board of any claims paid against the bond of the licensed contractor.

      (b) The surety may cancel the bond upon giving 60 days’ notice to the Board and to the contractor by certified mail.

      2.  Upon receipt by the Board of the notice described in paragraph (a) of subsection 1, the Board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the Board.

 


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ê2005 Statutes of Nevada, Page 2385 (Chapter 478, SB 434)ê

 

furnishes an equivalent bond or establishes an equivalent cash deposit before a date set by the Board.

      3.  Upon receipt by the Board of the notice described in paragraph (b) of subsection 1, the Board shall immediately notify the contractor who is the principal on the bond that his license will be suspended or revoked unless he furnishes an equivalent bond or establishes an equivalent cash deposit before the effective date of the cancellation.

      4.  The notice mailed to the contractor by the Board pursuant to subsection 2 or 3 must be addressed to his latest address of record in the office of the Board.

      5.  If the contractor does not comply with the requirements of the notice from the Board, his license must be suspended or revoked on the date:

      (a) Set by the Board, if the notice was provided to the contractor pursuant to subsection 2; or

      (b) The bond is cancelled, if the notice was provided to the contractor pursuant to subsection 3.

      Sec. 14.  NRS 624.276 is hereby amended to read as follows:

      624.276  1.  Before granting an original contractor’s license to, or renewing the contractor’s license of, an applicant who [engages] performs or will [engage in the repair, restoration, improvement or construction of] perform work concerning residential pools or spas, the Board [may,] shall, in addition to any other conditions for the issuance or renewal of a license, require the applicant to [file] :

      (a) File with the Board a bond solely for the protection of consumers in an amount fixed by the Board [.] ; or

      (b) In lieu of filing a bond, establish with the Board a cash deposit as provided in this section.

      2.  A bond required pursuant to subsection 1 is in addition to, may not be combined with and does not replace any other bond required pursuant to the provisions of this chapter. A contractor required to file a bond pursuant to subsection 1 shall maintain the bond for [2] 5 years or for such longer period as the Board may require.

      3.  After a contractor who performs work concerning a residential pool or spa has acted in the capacity of a licensed contractor in the State of Nevada for not less than 5 consecutive years, the Board may relieve the contractor of the requirements of subsection 1 if evidence supporting such relief is presented to the Board. The Board may at any time thereafter require the contractor to comply with subsection 1 if evidence is presented to the Board supporting this requirement.

      4.  If a licensee is relieved of the requirement of establishing a cash deposit pursuant to this section, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.

      5.  Failure of an applicant or licensee to file or maintain in full force the required bond or to establish the required cash deposit constitutes cause for the Board to deny, revoke, suspend or refuse to renew a license.

      6.  The amount of each bond or cash deposit required by this section must be fixed by the Board with reference to the contractor’s financial and professional responsibility and the magnitude of his operations, but must be not less than $10,000 or more than $400,000. The bond must be continuous in form and must be conditioned that the total aggregate liability of the surety for all claims is limited to the face amount of the bond irrespective of the number of years the bond is in force.

 


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ê2005 Statutes of Nevada, Page 2386 (Chapter 478, SB 434)ê

 

      7.  A bond required pursuant to subsection 1 must be provided by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency. The Board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the Board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.2545 or 624.291.

      8.  Unless released earlier pursuant to subsection 3, any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established or 2 years after completion of all work authorized by the Board after termination of the license, whichever occurs later, if there is no outstanding claim against it.

      9.  Each bond or deposit required pursuant to this section must be in favor of the State of Nevada solely for the benefit of any consumer who entered into a contract with the contractor to perform work concerning a residential pool or spa and:

      (a) Is damaged by failure of the contractor to perform the contract or to remove liens filed against the property; or

      (b) Is injured by any unlawful act or omission of the contractor in the performance of a contract.

      10.  Any consumer claiming against the bond or deposit may bring an action in a court of competent jurisdiction on the bond or against the Board on the deposit for the amount of damage he has suffered to the extent covered by the bond or deposit.

      11.  If an action is commenced on the bond, the surety that executed the bond shall notify the Board of the action within 30 days after the date that:

      (a) The surety is served with a complaint and summons; or

      (b) The action is commenced,

Ê whichever occurs first.

      12.  A claim or action pursuant to this section must proceed and be administered in the manner provided pursuant to NRS 624.273 for a claim or action.

      13.  The Board shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, regulations concerning:

      (a) The determination of the amount of a bond pursuant to this section;

      (b) The form of bond required pursuant to this section;

      (c) The time within which an applicant or licensee must comply with the provisions of this section; and

      (d) Procedures to contest the amount of a bond required pursuant to this section.

      14.  The Board shall immediately suspend the license of a contractor who fails to post the bond or provide the deposit required pursuant to this section. Failure by a licensee for 6 months to post the bond or provide the deposit required pursuant to this section constitutes grounds for disciplinary action.

      15.  As used in this section:

      (a) “Consumer” means a natural person who:

             (1) Owns a single-family residence; and

 


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ê2005 Statutes of Nevada, Page 2387 (Chapter 478, SB 434)ê

 

             (2) Enters into a contract with a licensee to perform work concerning a residential pool or spa.

      (b) “Work concerning a residential pool or spa” has the meaning ascribed to it in NRS 597.713.

      Sec. 15.  NRS 624.3016 is hereby amended to read as follows:

      624.3016  The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.

      2.  A conviction of a violation of NRS 624.730, a felony relating to the practice of a contractor or a crime involving moral turpitude.

      3.  Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

      4.  Failure to give a notice required by NRS 108.227, 108.245 or 108.246.

      5.  Failure to comply with NRS 597.715, 597.716 or 597.719 or section 2 of this act or any regulations of the Board governing contracts for [the construction of] work concerning residential pools and spas.

      6.  Failure to comply with NRS 624.600.

      7.  Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

      8.  Failure to pay an assessment required pursuant to NRS 624.470.

      9.  Failure to file a certified payroll report that is required for a contract for a public work.

      10.  Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.

      Sec. 16.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On July 1, 2005, for all other purposes.

________

 

CHAPTER 479, SB 311

Senate Bill No. 311–Senator Nolan

 

CHAPTER 479

 

AN ACT relating to the Legislature; increasing the amount of the supplemental allowance a Legislator is entitled to receive for reimbursement of travel and other expenses during a legislative session; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  The per diem expense allowance and the travel and telephone expenses of Senators and Assemblymen elected or appointed and in attendance at any session or presession orientation conference of the Legislature must be allowed in the manner set forth in this section.

 


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ê2005 Statutes of Nevada, Page 2388 (Chapter 479, SB 311)ê

 

in attendance at any session or presession orientation conference of the Legislature must be allowed in the manner set forth in this section.

      2.  For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the Legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the Legislature, each Senator and Assemblyman is entitled to receive:

      (a) A per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for one day’s travel to and one day’s travel from the session or conference.

      (b) Travel expenses.

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each Senator and Assemblyman is entitled to receive a supplemental allowance which must not exceed:

      (a) A total of [$6,800] $10,000 during each regular session of the Legislature for:

             (1) His actual expenses in moving to and from Carson City for the session;

             (2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business;

             (3) If he rents furniture for his temporary residence rather than moving similar furniture from his home, the cost of renting that furniture not to exceed the amount that it would have cost to move the furniture to and from his home; and

             (4) If:

                   (I) His home is more than 50 miles from Carson City; and

                   (II) He maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for occupancy during a regular legislative session,

Ê the cost of such additional housing, paid at the end of each month during the legislative session, beginning the month of the first day of the legislative session and ending the month of the adjournment sine die of the legislative session, in an amount that is the fair market rent for a one bedroom unit in Carson City as published by the United States Department of Housing and Urban Development prorated for the number of days of the month that he actually maintained the temporary quarters in or near Carson City. For the purposes of this subparagraph, any day before the first day of the legislative session or after the day of the adjournment sine die of the legislative session may not be counted as a day for which he actually maintained such temporary quarters; and

      (b) A total of [$1,000] $1,200 during each special session of the Legislature for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the State which relates to legislative business.

      4.  Each Senator and Assemblyman is entitled to receive a per diem expense allowance, not to exceed the maximum rate established by the Federal Government for the Carson City area, for each day that the Legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the Legislature has adjourned for more than 4 days.

 


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ê2005 Statutes of Nevada, Page 2389 (Chapter 479, SB 311)ê

 

each day that he attends a meeting of a standing committee of which he is a member when the Legislature has adjourned for more than 4 days.

      5.  Each Senator and Assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The Legislature has adjourned until a time certain; and

      (b) The Senator or Assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

      6.  In addition to the per diem expense allowance authorized by subsection 4 and the lodging allowance authorized by subsection 5, each Senator and Assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 17 days in each period in which:

      (a) The Legislature has adjourned for more than 4 days; and

      (b) The Senator or Assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting.

      7.  Each Senator and Assemblyman is entitled to receive a lodging allowance equal to that portion of the expense allowance which the Legislative Commission designates by rule as being allocated to lodging, for not more than 6 days in each period in which:

      (a) The Legislature has adjourned for more than 4 days; and

      (b) The Senator or Assemblyman must obtain temporary lodging in a location that a standing committee of which he is a member is meeting,

Ê if the Senator or Assemblyman is not entitled to the per diem expense allowance authorized by subsection 4 or the lodging allowances authorized by subsections 5 and 6.

      8.  Each Senator and Assemblyman is entitled to receive a telephone allowance of not more than $2,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the Legislature and not more than $300 during each special session of the Legislature.

      9.  An employee of the Legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

      10.  Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsections 5, 6 and 7 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

      11.  A claim for travel expenses authorized by subsection 2 or 3 must not be paid unless the Senator or Assemblyman submits a signed statement affirming:

      (a) The date of the travel; and

      (b) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

 


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ê2005 Statutes of Nevada, Page 2390 (Chapter 479, SB 311)ê

 

conveyance, the claim must include a receipt or other evidence of the expenditure.

      12.  Travel expenses authorized by subsections 2 and 3 are limited to:

      (a) If the travel is by private conveyance, a rate equal to the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax. If two or more Legislators travel in the same private conveyance, the Legislator who provided or arranged for providing the transportation is presumed entitled to reimbursement.

      (b) If the travel is not by private conveyance, the actual amount expended.

Ê Transportation must be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles.

      Sec. 2.  This act becomes effective upon passage and approval and applies to reimbursement of expenses for the 73rd Session of the Nevada Legislature.

________

 

CHAPTER 480, SB 56

Senate Bill No. 56–Senator Washington

 

CHAPTER 480

 

AN ACT relating to education; requiring the governing body of a charter school sponsored by the board of trustees of a school district to enroll pupils who reside in the district before enrolling pupils who reside outside the district; making various changes concerning the employment practices of charter schools; revising provisions governing an application to form a charter school and the revocation of the written charter of a charter school; revising the provisions governing apportionments from the State Distributive School Account to charter schools sponsored by the State Board of Education; revising the provisions governing programs of distance education; requiring a charter school to pay for an additional administration of achievement and proficiency examinations under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed personnel in education 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 in the school district. The board of trustees of [a] each school district shall [report] :

 


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ê2005 Statutes of Nevada, Page 2391 (Chapter 480, SB 56)ê

 

      (a) Report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school.

      (b) For the information that is reported in an aggregated format, include the data that is applicable to the charter schools sponsored by the school district but not the charter schools that are sponsored by the State Board.

      (c) Denote separately in the report those charter schools that are located within the school district and sponsored by the State Board.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations;

             (2) [An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination;

             (3)] A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school;

             [(4)] (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following subgroups of pupils:

                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board;

             [(5)] (4) A comparison of the achievement of pupils in each subgroup identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board;

             [(6)] (5) The percentage of pupils who were not tested;

             [(7)] (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the subgroups identified in subparagraph [(4);] (3);

             [(8)] (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available;

             [(9)] (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State.

 


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ê2005 Statutes of Nevada, Page 2392 (Chapter 480, SB 56)ê

 

district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison; and

             [(10)] (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school 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.

Ê A separate reporting for a subgroup of pupils must not be made pursuant to this paragraph if the number of pupils in that subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a subgroup for that subgroup to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers; [and]

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph, means schools in the top quartile of poverty and the bottom quartile of poverty in this State [.] ;

             (4) For each middle school, junior high school and high school:

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

 


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ê2005 Statutes of Nevada, Page 2393 (Chapter 480, SB 56)ê

 

                   (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school in the district.

      (g) 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 in the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in 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.

      (h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

             (1) Communication with the parents of pupils in the district; and

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

 


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ê2005 Statutes of Nevada, Page 2394 (Chapter 480, SB 56)ê

 

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he 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.

      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial [education] study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.

      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

             (1) A standard high school diploma.

             (2) An adjusted diploma.

             (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

 


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ê2005 Statutes of Nevada, Page 2395 (Chapter 480, SB 56)ê

 

of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

 


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      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and , to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts 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 Department of Administration; and

             (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before [April 1] August 15 of each year, the board of trustees of each school district shall submit to [:

      (a) Each] each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      [(b) The Commission on Educational Technology created by NRS 388.790 the information prepared by the board of trustees pursuant to paragraph (t) of subsection 2.]

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

      (a) [Submit] Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, 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; and

             (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, 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 in 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 in the district.

 


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ê2005 Statutes of Nevada, Page 2397 (Chapter 480, SB 56)ê

 

schools in the school district, including, without limitation, each charter school in 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 in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 2.  Chapter 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each applicant for employment with a charter school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction must, as a condition to employment, submit to the governing body of the charter school a complete set of his fingerprints and written permission authorizing the governing body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      2.  If the reports on the criminal history of an applicant indicate that the applicant has not been convicted of a felony or an offense involving moral turpitude, the governing body of the charter school may employ the applicant.

      3.  If a report on the criminal history of an applicant indicates that the applicant has been convicted of a felony or an offense involving moral turpitude and the governing body of the charter school does not disqualify the applicant from further consideration of employment on the basis of that report, the governing body shall, upon the written authorization of the applicant, forward a copy of the report to the Superintendent of Public Instruction. If the applicant refuses to provide his written authorization to forward a copy of the report pursuant to this subsection, the charter school shall not employ the applicant.

      4.  The Superintendent of Public Instruction or his designee shall promptly review the report to determine whether the conviction of the applicant is related or unrelated to the position with the charter school for which the applicant has applied. If the applicant desires employment with the charter school, he shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. If the governing body of the charter school desires to employ the applicant, the governing body shall, upon the request of the Superintendent of Public Instruction or his designee, provide any further information that the Superintendent or his designee determines is necessary to make the determination. The Superintendent of Public Instruction or his designee shall provide written notice of the determination to the applicant and to the governing body of the charter school.

 


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ê2005 Statutes of Nevada, Page 2398 (Chapter 480, SB 56)ê

 

      5.  If the Superintendent of Public Instruction or his designee determines that the conviction of the applicant is related to the position with the charter school for which the applicant has applied, the governing body of the charter school shall not employ the applicant. If the Superintendent of Public Instruction or his designee determines that the conviction of the applicant is unrelated to the position with the charter school for which the applicant has applied, the governing body of the charter school may employ the applicant for that position.

      Sec. 3.  NRS 386.500 is hereby amended to read as follows:

      386.500  For the purposes of NRS 386.500 to 386.610, inclusive, and section 2 of this act, a pupil is “at risk” if he has an economic or academic disadvantage such that he requires special services and assistance to enable him to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are limited English proficient, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 4.  NRS 386.510 is hereby amended to read as follows:

      386.510  1.  Except as otherwise provided in subsection 2:

      (a) In a county whose population is 400,000 or more , [than 400,000,] two charter schools may be formed per every 75,000 pupils who are enrolled in public schools in the county school district.

      (b) In a county whose population is [more than] 100,000 or more but less than 400,000, two charter schools may be formed.

      (c) In a county whose population is less than 100,000, one charter school may be formed.

      2.  The limitations set forth in subsection 1 do not apply to charter schools that are dedicated to providing educational programs and opportunities for pupils who are at risk.

      3.  If an application to form a charter school that is dedicated to providing educational programs and opportunities for pupils who are at risk is approved, the governing body of the charter school shall, on or before November 1 of each year, submit a report to the sponsor of the charter school that includes demographic information concerning the pupils enrolled in the charter school and other information to demonstrate that the charter school is dedicated to providing educational programs and opportunities to pupils who are at risk in compliance with its written charter. The State Board shall adopt regulations setting forth the action, if any, that may be taken against a charter school if the sponsor determines that the charter school is not dedicated to providing educational programs and opportunities to pupils who are at risk in compliance with its written charter.

      Sec. 5.  NRS 386.515 is hereby amended to read as follows:

      386.515  1.  The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district. An application must be approved by the Department before the board of trustees may sponsor a charter school. Not more than 180 days after receiving approval to sponsor charter schools, the board of trustees shall provide public notice of its ability to sponsor charter schools and solicit applications for charter schools.

      2.  The State Board shall sponsor charter schools whose applications have been approved by the State Board pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Board sponsors a charter school, the State Board or the Department is responsible for the evaluation, monitoring and oversight of the charter school.

 


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ê2005 Statutes of Nevada, Page 2399 (Chapter 480, SB 56)ê

 

otherwise provided by specific statute, if the State Board sponsors a charter school, the State Board or the Department is responsible for the evaluation, monitoring and oversight of the charter school.

      Sec. 6.  NRS 386.525 is hereby amended to read as follows:

      386.525  1.  Upon approval of an application by the Department, a committee to form a charter school may submit the application to the board of trustees of the school district in which the proposed charter school will be located [. If applicable, a committee may submit an application] or directly to the Subcommittee on Charter Schools . [pursuant to subsection 4.] If the board of trustees of a school district receives an application to form a charter school, [it] the board of trustees shall consider the application at a [regularly scheduled] meeting that must be held not later than [30] 45 days after the receipt of the application [,] and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. The board of trustees, the Subcommittee on Charter Schools or the State Board, as applicable, shall review [an] the application to determine whether the application:

      (a) Complies with NRS 386.500 to 386.610, inclusive, and section 2 of this act and the regulations applicable to charter schools; and

      (b) Is complete in accordance with the regulations of the Department.

      2.  The Department shall assist the board of trustees of a school district in the review of an application. The board of trustees may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. The board of trustees shall provide written notice to the applicant of its approval or denial of the application.

      3.  If the board of trustees denies an application, it shall include in the written notice the reasons for the denial and the deficiencies in the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.

      4.  If the board of trustees denies an application after it has been resubmitted pursuant to subsection 3, the applicant may submit a written request for sponsorship by the State Board to the Subcommittee on Charter Schools created pursuant to NRS 386.507 not more than 30 days after receipt of the written notice of denial. [If an applicant proposes to form a charter school exclusively for the enrollment of pupils who receive special education pursuant to NRS 388.440 to 388.520, inclusive, the applicant may submit the written request and application directly to the Subcommittee without first seeking approval from the board of trustees of a school district.] Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

      5.  If the Subcommittee receives [a request] an application pursuant to subsection 1 or 4, it shall hold a meeting to consider the [request and the] application. The meeting must be held not later than [30] 45 days after receipt of the application. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The Subcommittee shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The Subcommittee shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1.

      6.  The Subcommittee shall transmit the application and the recommendation of the Subcommittee for approval or denial of the application to the State Board. Not more than 14 days after the date of the meeting of the Subcommittee pursuant to subsection 5, the State Board shall hold a meeting to consider the recommendation of the Subcommittee.

 


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ê2005 Statutes of Nevada, Page 2400 (Chapter 480, SB 56)ê

 

shall hold a meeting to consider the recommendation of the Subcommittee. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Board shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 1. The State Board shall approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 1. Not more than 30 days after the meeting, the State Board shall provide written notice of its determination to the applicant.

      7.  If the State Board denies the application, the applicant may, not more than 30 days after the receipt of the written notice from the State Board, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      Sec. 7.  NRS 386.527 is hereby amended to read as follows:

      386.527  1.  If the State Board or the board of trustees of a school district approves an application to form a charter school, it shall grant a written charter to the applicant. The State Board or the board of trustees, as applicable, shall, not later than 10 days after the approval of the application, provide written notice to the Department of the approval and the date of the approval. If the board of trustees approves the application, the board of trustees shall be deemed the sponsor of the charter school. If the State Board approves the application:

      (a) The State Board shall be deemed the sponsor of the charter school.

      (b) Neither the State of Nevada, the State Board nor the Department is an employer of the members of the governing body of the charter school or any of the employees of the charter school.

      2.  Except as otherwise provided in subsection 4, a written charter must be for a term of 6 years unless the governing body of a charter school renews its initial charter after 3 years of operation pursuant to subsection 2 of NRS 386.530. A written charter must include all conditions of operation set forth in paragraphs (a) to (o), inclusive, of subsection 2 of NRS 386.520 and include the kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is authorized to operate. If the State Board is the sponsor of the charter school, the written charter must set forth the responsibilities of the sponsor and the charter school with regard to the provision of services and programs to pupils with disabilities who are enrolled in the charter school in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520, inclusive. As a condition of the issuance of a written charter pursuant to this subsection, the charter school must agree to comply with all conditions of operation set forth in NRS 386.550.

      3.  The governing body of a charter school may submit to the sponsor of the charter school a written request for an amendment of the written charter of the charter school. Such an amendment may include, without limitation, the expansion of instruction and other educational services to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school if the expansion of grade levels does not change the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate. If the proposed amendment complies with the provisions of this section, NRS 386.500 to 386.610, inclusive, and section 2 of this act and any other statute or regulation applicable to charter schools, the sponsor shall amend the written charter in accordance with the proposed amendment. If a charter school wishes to expand the instruction and other educational services offered by the charter school to pupils who are enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school.

 


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ê2005 Statutes of Nevada, Page 2401 (Chapter 480, SB 56)ê

 

enrolled in grade levels other than the grade levels of pupils currently enrolled in the charter school and the expansion of grade levels changes the kind of school, as defined in NRS 388.020, for which the charter school is authorized to operate, the governing body of the charter school must submit a new application to form a charter school. If such an application is approved, the charter school may continue to operate under the same governing body and an additional governing body does not need to be selected to operate the charter school with the expanded grade levels.

      4.  The State Board shall adopt objective criteria for the issuance of a written charter to an applicant who is not prepared to commence operation on the date of issuance of the written charter. The criteria must include, without limitation, the:

      (a) Period for which such a written charter is valid; and

      (b) Timelines by which the applicant must satisfy certain requirements demonstrating its progress in preparing to commence operation.

Ê A holder of such a written charter may apply for grants of money to prepare the charter school for operation. A written charter issued pursuant to this subsection must not be designated as a conditional charter or a provisional charter or otherwise contain any other designation that would indicate the charter is issued for a temporary period.

      5.  The holder of a written charter that is issued pursuant to subsection 4 shall not commence operation of the charter school and is not eligible to receive apportionments pursuant to NRS 387.124 until the sponsor has determined that the requirements adopted by the State Board pursuant to subsection 4 have been satisfied and that the facility the charter school will occupy has been inspected and meets the requirements of any applicable building codes, codes for the prevention of fire, and codes pertaining to safety, health and sanitation. Except as otherwise provided in this subsection, the sponsor shall make such a determination 30 days before the first day of school for the:

      (a) Schools of the school district in which the charter school is located that operate on a traditional school schedule and not a year-round school schedule; or

      (b) Charter school,

Ê whichever date the sponsor selects. The sponsor shall not require a charter school to demonstrate compliance with the requirements of this subsection more than 30 days before the date selected. However, it may authorize a charter school to demonstrate compliance less than 30 days before the date selected.

      Sec. 8.  NRS 386.535 is hereby amended to read as follows:

      386.535  1.  The sponsor of a charter school may revoke the written charter of the charter school before the expiration of the charter if the sponsor determines that:

      (a) The charter school, its officers or its employees have failed to comply with:

             (1) The terms and conditions of the written charter;

             (2) Generally accepted standards of accounting and fiscal management; or

             (3) The provisions of NRS 386.500 to 386.610, inclusive, and section 2 of this act or any other statute or regulation applicable to charter schools;

 


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ê2005 Statutes of Nevada, Page 2402 (Chapter 480, SB 56)ê

 

      (b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate; or

      (c) There is reasonable cause to believe that revocation is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located.

      2.  [At least 90 days before] Before the sponsor [intends to revoke] revokes a written charter, the sponsor shall provide written notice of its intention to the governing body of the charter school . [of its intention.] The written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; [and

      (b) Prescribe]

      (b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies [.

Ê If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall not revoke the written charter of the charter school.] , including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;

      (c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and

      (d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to revoke the charter.

      3.  Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to revoke the written charter. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not revoke the written charter of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected.

      4.  The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.

      Sec. 9.  NRS 386.545 is hereby amended to read as follows:

      386.545  1.  The Department and the board of trustees of a school district shall:

      [1.] (a) Upon request, provide information to the general public concerning the formation and operation of charter schools; and

      [2.] (b) Maintain a list available for public inspection that describes the location of each charter school . [;

      3.] 2.  The sponsor of a charter school shall:

 


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ê2005 Statutes of Nevada, Page 2403 (Chapter 480, SB 56)ê

 

      (a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.500 to 386.610, inclusive [;

      4.] , and section 2 of this act;

      (b) Provide technical and other reasonable assistance to a charter school for the operation of the charter school; and

      [5.] (c) Provide information to the governing body of a charter school concerning the availability of money for the charter school, including, without limitation, money available from the Federal Government.

      3.  The Department shall provide appropriate information, education and training for charter schools and the governing bodies of charter schools concerning the applicable provisions of title 34 of NRS and other laws and regulations that affect charter schools and the governing bodies of charter schools.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11.  NRS 386.570 is hereby amended to read as follows:

      386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose.

      2.  All money received by the charter school from this State or from the board of trustees of a school district must be deposited in a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

      3.  Upon completion of a school year, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school year if the sponsor provided administrative services during that school year. Upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district, if the board of trustees sponsors the charter school, or to the Department if the State Board sponsors the charter school. If a governing body fails to pay the reimbursement, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. [The amount of reimbursement that a charter school may be required to pay pursuant to this subsection] If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

 


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ê2005 Statutes of Nevada, Page 2404 (Chapter 480, SB 56)ê

 

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      4.  If the State Board is the sponsor of a charter school, the amount of money that may be paid to the Department pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124.

      5.  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. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, 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.

      [5.] 6.  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 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.

      [6.] 7.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

      [7.] 8.  If a charter school uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

      Sec. 12.  NRS 386.580 is hereby amended to read as follows:

      386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.

 


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ê2005 Statutes of Nevada, Page 2405 (Chapter 480, SB 56)ê

 

are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If 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. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system.

      2.  [A] Before a charter school enrolls pupils who are eligible for enrollment, a charter school that is dedicated to providing educational programs and opportunities to pupils who are at risk may enroll a child who:

      (a) Is a sibling of a pupil who is currently enrolled in the charter school; or

      (b) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk . [,

Ê before the charter school enrolls other pupils who are eligible for enrollment.] If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

Ê If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      3.  Except as otherwise provided in subsection 7, 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; or

      (e) Disability,

Ê of a pupil.

      4.  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.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

 


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ê2005 Statutes of Nevada, Page 2406 (Chapter 480, SB 56)ê

 

school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

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

      (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity.

Ê If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

      6.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 4 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

      7.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant an educational program specifically designed to serve a single gender and emphasize personal responsibility and rehabilitation; or

      (c) Who are at risk.

Ê 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.

      Sec. 13.  NRS 386.590 is hereby amended to read as follows:

      386.590  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must be licensed teachers. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school are licensed teachers, but in no event may more than 50 percent of the teachers who provide instruction at the school be unlicensed teachers.

      2.  A governing body of a charter school shall employ:

      (a) If the charter school offers instruction in kindergarten or grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are enrolled in those grades. If required by subsection 3 or 4, such a teacher must possess the qualifications required by 20 U.S.C. § 6319(a).

      (b) Except as otherwise provided in subsections 3 and 4, if the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12, a licensed teacher to teach pupils who are enrolled in those grades for the following courses of study:

 


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ê2005 Statutes of Nevada, Page 2407 (Chapter 480, SB 56)ê

 

             (1) English, including reading, composition and writing;

             (2) Mathematics;

             (3) Science; and

             (4) Social studies, which includes only the subjects of history, geography, economics and government.

      (c) In addition to the requirements of paragraphs (a) and (b):

             (1) If a charter school specializes in arts and humanities, physical education or health education, a licensed teacher to teach those courses of study.

             (2) If a charter school specializes in the construction industry or other building industry, licensed teachers to teach courses of study relating to the industry if those teachers are employed full time.

             (3) If a charter school specializes in the construction industry or other building industry and the school offers courses of study in computer education, technology or business, licensed teachers to teach those courses of study if those teachers are employed full time.

      3.  A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his current employer.

      4.  A teacher who is employed by a charter school, regardless of the date of hire, must, on or before July 1, 2006, possess the qualifications required by 20 U.S.C. § 6319(a) if he teaches one or more of the following subjects:

      (a) English, reading or language arts;

      (b) Mathematics;

      (c) Science;

      (d) Foreign language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      5.  [A] Except as otherwise provided in section 2 of this act, a charter school may employ a person who is not licensed pursuant to the provisions of chapter 391 of NRS to teach a course of study for which a licensed teacher is not required pursuant to subsections 2, 3 and 4 if the person has:

      (a) A degree, a license or a certificate in the field for which he is employed to teach at the charter school; and

      (b) At least 2 years of experience in that field.

      6.  [A] Except as otherwise provided in section 2 of this act, a charter school may employ such administrators for the school as it deems necessary. A person employed as an administrator must possess:

      (a) A master’s degree in school administration, public administration or business administration; or

      (b) If the person has at least 5 years of experience in administration, a baccalaureate degree.

      7.  A charter school shall not employ a person pursuant to this section if his license to teach or provide other educational services has been revoked or suspended in this State or another state.

 


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ê2005 Statutes of Nevada, Page 2408 (Chapter 480, SB 56)ê

 

      8.  On or before November 15 of each year, a charter school shall submit to the Department, in a format prescribed by the Superintendent of Public Instruction, the following information for each licensed employee who is employed by the governing body on October 1 of that year:

      (a) The amount of salary of the employee; and

      (b) The designated assignment, as that term is defined by the Department, of the employee.

      Sec. 14.  NRS 386.595 is hereby amended to read as follows:

      386.595  1.  All employees of a charter school shall be deemed public employees.

      2.  Except as otherwise provided in this subsection, the provisions of the collective bargaining agreement entered into by the board of trustees of the school district in which the charter school is located apply to the terms and conditions of employment of employees of the charter school who are on a leave of absence from the school district pursuant to subsection 5, including, without limitation, any provisions relating to representation by the employee organization that is a party to the collective bargaining agreement of the school district in a grievance proceeding or other dispute arising out of the agreement. The provisions of the collective bargaining agreement apply to each employee for the first 3 years that he is on a leave of absence from the school district. After the first 3 years : [that the employee is on a leave of absence:]

      (a) If he is subsequently reassigned by the school district pursuant to subsection 5, he is covered by the collective bargaining agreement of the school district.

      (b) If he continues his employment with the charter school, he is covered by the collective bargaining agreement of the charter school, if applicable.

      3.  Except as otherwise provided in subsection 2, the governing body of a charter school may make all employment decisions with regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless a collective bargaining agreement entered into by the governing body pursuant to chapter 288 of NRS contains separate provisions relating to the discipline of licensed employees of a school.

      4.  Except as otherwise provided in this subsection, if the written charter of a charter school is revoked or if a charter school ceases to operate as a charter school, the employees of the charter school must be reassigned to employment within the school district in accordance with the applicable collective bargaining agreement. A school district is not required to reassign an employee of a charter school pursuant to this subsection if the employee:

      (a) Was not granted a leave of absence by the school district to teach at the charter school pursuant to subsection 5; or

      (b) Was granted a leave of absence by the school district and did not submit a written request to return to employment with the school district in accordance with subsection 5.

      5.  The board of trustees of a school district that is a sponsor of a charter school shall grant a leave of absence, not to exceed [6] 3 years, to any employee who is employed by the board of trustees who requests such a leave of absence to accept employment with the charter school. After the first school year in which an employee is on a leave of absence, he may return to his former teaching position with the board of trustees. [After the third school year, an employee who is on a leave of absence may submit a written request to the board of trustees to return to a comparable teaching position with the board of trustees.]

 


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ê2005 Statutes of Nevada, Page 2409 (Chapter 480, SB 56)ê

 

with the board of trustees.] After the [sixth] third school year, an employee shall either submit a written request to return to a comparable teaching position or resign from the position for which his leave was granted. The board of trustees shall grant a written request to return to a comparable position pursuant to this subsection even if the return of the employee requires the board of trustees to reduce the existing workforce of the school district. The board of trustees may require that a request to return to a teaching position submitted pursuant to this subsection be submitted at least 90 days before the employee would otherwise be required to report to duty.

      6.  An employee who is on a leave of absence from a school district pursuant to this section shall contribute to and be eligible for all benefits for which he would otherwise be entitled, including, without limitation, participation in the Public Employees’ Retirement System and accrual of time for the purposes of leave and retirement. The time during which such an employee is on leave of absence and employed in a charter school does not count toward the acquisition of permanent status with the school district.

      7.  Upon the return of a teacher to employment in the school district, he is entitled to the same level of retirement, salary and any other benefits to which he would otherwise be entitled if he had not taken a leave of absence to teach in a charter school.

      8.  An employee of a charter school who is not on a leave of absence from a school district is eligible for all benefits for which he would be eligible for employment in a public school, including, without limitation, participation in the Public Employees’ Retirement System.

      9.  For all employees of a charter school:

      (a) The compensation that a teacher or other school employee would have received if he were employed by the school district must be used to determine the appropriate levels of contribution required of the employee and employer for purposes of the Public Employees’ Retirement System.

      (b) The compensation that is paid to a teacher or other school employee that exceeds the compensation that he would have received if he were employed by the school district must not be included for the purposes of calculating future retirement benefits of the employee.

      10.  If the board of trustees of a school district in which a charter school is located manages a plan of group insurance for its employees, the governing body of the charter school may negotiate with the board of trustees to participate in the same plan of group insurance that the board of trustees offers to its employees. If the employees of the charter school participate in the plan of group insurance managed by the board of trustees, the governing body of the charter school shall:

      (a) Ensure that the premiums for that insurance are paid to the board of trustees; and

      (b) Provide, upon the request of the board of trustees, all information that is necessary for the board of trustees to provide the group insurance to the employees of the charter school.

      Sec. 15.  NRS 386.605 is hereby amended to read as follows:

      386.605  1.  On or before July 15 of each year, the governing body of a charter school that is sponsored by the board of trustees of a school district shall submit the information concerning the charter school that is required pursuant to subsection 2 of NRS 385.347 to the board of trustees that sponsors the charter school for inclusion in the report of the school district pursuant to that section.

 


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ê2005 Statutes of Nevada, Page 2410 (Chapter 480, SB 56)ê

 

pursuant to that section. The information must be submitted by the charter school in a format prescribed by the board of trustees.

      2.  [On or before July 15 of each year, the governing body of a charter school that is sponsored by the State Board shall submit the information described in subsection 2 of NRS 385.347 to the Department in a format prescribed by the Department. The Department shall forward the information to the school district in which the charter school is located for inclusion in the summary that is prepared by the school district pursuant to section 3 of Assembly Bill 154 of this session and the report that is prepared by the school district pursuant to NRS 385.347.

      3.] The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section and NRS 385.357, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.

      Sec. 16.  NRS 386.610 is hereby amended to read as follows:

      386.610  1.  On or before July 1 of each year, if the board of trustees of a school district sponsors a charter school, the board of trustees shall submit a written report to the State Board. The written report must include [an] :

      (a) An evaluation of the progress of each charter school sponsored by the board of trustees in achieving its educational goals and objectives.

      (b) A description of all administrative support and services provided by the school district to the charter school.

      2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

      Sec. 17.  NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

             (2) In a separate reporting for each subgroup of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State; and

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the University and Community College System of Nevada, if that pupil enrolls in the System after graduation from high school;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

 


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ê2005 Statutes of Nevada, Page 2411 (Chapter 480, SB 56)ê

 

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils and which paraprofessionals, if any, are assigned to provide services to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must not be used for the purpose of evaluating an individual teacher or paraprofessional.

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

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 . [, including, without limitation, data relating to each charter school located within a school district regardless of the sponsor of the charter school;]

      (c) Prescribe the format for the data;

      (d) Prescribe the date by which each school district shall report the data;

      (e) Prescribe the date by which each charter school [located within a school district] shall report the data to [the school district for incorporation into the report of the school district, regardless of] the sponsor of the charter school;

      (f) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

 


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ê2005 Statutes of Nevada, Page 2412 (Chapter 480, SB 56)ê

 

             (2) Individual teachers and paraprofessionals;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (g) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (h) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the University and Community College System of Nevada to provide access to data contained within the automated system for research purposes.

      Sec. 18.  NRS 386.655 is hereby amended to read as follows:

      386.655  1.  The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the automated system of information established pursuant to NRS 386.650, comply with the provisions of:

      (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

      (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and any other applicable federal law, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

      3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district and each sponsor of a charter school shall maintain within the automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the [school district in which the charter school is located] sponsor of the charter school such information as is necessary for the [school district] sponsor to carry out the provisions of this subsection .

 


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ê2005 Statutes of Nevada, Page 2413 (Chapter 480, SB 56)ê

 

is necessary for the [school district] sponsor to carry out the provisions of this subsection . [, regardless of the sponsor of the charter school.]

      4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

      5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

      Sec. 19.  NRS 387.124 is hereby amended to read as follows:

      387.124  Except as otherwise provided in this section and NRS 387.528:

      1.  On or before August 1, November 1, February 1 and May 1 of each year, the Superintendent of Public Instruction shall apportion the State Distributive School Account in the State General Fund among the several county school districts and charter schools in amounts approximating one-fourth of their respective yearly apportionments less any amount set aside as a reserve. The apportionment to a school district, computed on a yearly basis, equals the difference between the basic support and the local funds available pursuant to NRS 387.1235, minus all the funds attributable to pupils who reside in the county but attend a charter school and all the funds attributable to pupils who reside in the county and are enrolled full time or part time in a program of distance education provided by another school district or a charter school. No apportionment may be made to a school district if the amount of the local funds exceeds the amount of basic support. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by NRS 388.854, the Superintendent of Public Instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

      2.  Except as otherwise provided in subsection 3, 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 387.1235 and all other funds available for public schools in the county in which the pupil resides 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 charter school.

      3.  [Except as otherwise provided in this subsection, the] The apportionment to a charter school that is sponsored by the State Board, computed on a yearly basis, is equal to [:

      (a) The] 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 387.1235 and all other funds available for public schools in the county in which the pupil resides [; or

      (b) The statewide average per pupil amount for pupils who are enrolled full-time,

Ê whichever is greater. If the calculation set forth in paragraph (a) is less than the calculation pursuant to paragraph (b), the school district in which the charter school is located shall pay the difference directly to the charter school.

 


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ê2005 Statutes of Nevada, Page 2414 (Chapter 480, SB 56)ê

 

school. If a charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, the apportionment to the charter school for pupils who are enrolled in the program of distance education must be calculated as set forth in subsection 2 or 4, as applicable.] , 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.

      4.  In addition to the apportionments made pursuant to this section, an apportionment must be made to a school district or charter school that provides a program of distance education for each pupil who is enrolled part time in the program if an agreement is filed for that pupil pursuant to NRS 388.854 or 388.858, as applicable. The amount of the apportionment must be equal to the percentage of the total time services are provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides.

      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 subsection 1. 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.

      6.  If the State Controller finds that such an action is needed to maintain the balance in the State General Fund at a level sufficient to pay the other appropriations from it, he may pay out the apportionments monthly, each approximately one-twelfth of the yearly apportionment less any amount set aside as a reserve. If such action is needed, the State Controller shall submit a report to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau documenting reasons for the action.

      Sec. 20.  NRS 388.838 is hereby amended to read as follows:

      388.838  1.  The board of trustees of a school district or the governing body of a charter school may submit an application to the Department to provide a program of distance education. In addition, a committee to form a charter school may submit an application to the Department to provide a program of distance education if the application to form the charter school submitted by the committee pursuant to NRS 386.520 indicates that the charter school intends to provide a program of distance education.

      2.  An applicant to provide a program of distance education may seek approval to provide a program that is comprised of one or more courses of distance education included on the list of courses approved by the Department pursuant to NRS 388.834 or a program that is comprised of one or more courses of distance education which have not been reviewed by the Department before submission of the application.

      3.  An application to provide a program of distance education must include:

      (a) All the information prescribed by the State Board by regulation.

      (b) Except as otherwise provided in this paragraph, proof satisfactory to the Department that the program satisfies all applicable statutes and regulations.

 


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ê2005 Statutes of Nevada, Page 2415 (Chapter 480, SB 56)ê

 

regulations. The proof required by this paragraph shall be deemed satisfied if the program is comprised only of courses of distance education approved by the Department pursuant to NRS 388.834 before submission of the application.

      4.  [The] Except as otherwise provided in this subsection, the Department shall approve an application submitted pursuant to this section if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations. The Department shall deny an application to provide a program of distance education submitted by a committee to form a charter school if the Department denies the application to form a charter school submitted by that committee. The Department shall provide written notice to the applicant of the Department’s approval or denial of the application.

      5.  If the Department denies an application, the Department shall include in the written notice the reasons for the denial and the deficiencies of the application. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application. The Department shall approve an application that has been resubmitted pursuant to this subsection if the application satisfies the requirements of NRS 388.820 to 388.874, inclusive, and all other applicable statutes and regulations.

      Sec. 21.  NRS 388.854 is hereby amended to read as follows:

      388.854  1.  Except as otherwise provided in this subsection, before a pupil may enroll full time or part time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Before a pupil who is enrolled in a public school of a school district may enroll part time in a program of distance education that is provided by a charter school, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. A pupil who enrolls full time in a program of distance education that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

      2.  If the board of trustees of a school district grants permission pursuant to subsection 1, the board of trustees shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

      (a) Contain a statement prepared by the board of trustees of the school district in which the pupil resides indicating that the board of trustees understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the school district pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

      (b) If the pupil plans to enroll part time in the program of distance education, contain a statement prepared by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

 


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ê2005 Statutes of Nevada, Page 2416 (Chapter 480, SB 56)ê

 

provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

      (c) Be signed by the board of trustees of the school district in which the pupil resides and the board of trustees or governing body that provides the program of distance education; and

      (d) Include any other information required by the State Board by regulation.

      3.  On or before [September 1] the last day of the first school month of each school year or [January] March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled full time in a program of distance education provided by a school district other than the school district in which the pupil resides. On or before [September 1 or January] the last day of the first school month of each school year or March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled in a public school of the school district and who is enrolled part time in a program of distance education provided by a charter school. If an agreement is not filed for a pupil who is enrolled in a program of distance education as required by this section, the Superintendent of Public Instruction shall not apportion money for that pupil to the board of trustees of the school district in which the pupil resides, or the board of trustees or governing body that provides the program of distance education.

      Sec. 22.  NRS 388.858 is hereby amended to read as follows:

      388.858  1.  If a pupil is enrolled in a charter school, he may enroll full time in a program of distance education only if the charter school in which he is enrolled provides the program of distance education.

      2.  Before a pupil who is enrolled in a charter school may enroll part time in a program of distance education that is provided by a school district or another charter school, the pupil must obtain the written permission of the governing body of the charter school in which the pupil is enrolled.

      3.  If the governing body of a charter school grants permission pursuant to subsection 2, the governing body shall enter into a written agreement with the board of trustees or governing body, as applicable, that provides the program of distance education. A separate agreement must be prepared for each year that a pupil enrolls in a program of distance education. The written agreement must:

      (a) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled indicating that the governing body understands that the Superintendent of Public Instruction will make appropriate adjustments in the apportionments to the charter school pursuant to NRS 387.124 to account for the pupil’s enrollment in the program of distance education;

      (b) Contain a statement prepared by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education setting forth the percentage of the total time services will be provided to the pupil through the program of distance education per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NRS 387.1233 for the school district in which the pupil resides;

 


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ê2005 Statutes of Nevada, Page 2417 (Chapter 480, SB 56)ê

 

      (c) Be signed by the governing body of the charter school in which the pupil is enrolled and the board of trustees or governing body that provides the program of distance education; and

      (d) Include any other information required by the State Board by regulation.

      4.  On or before [September 1 or January] the last day of the first school month of each school year or March 1 of each school year, as applicable for the semester of enrollment, a written agreement must be filed with the Superintendent of Public Instruction for each pupil who is enrolled in a charter school and who is enrolled part time in a program of distance education provided by a school district or another charter school. If an agreement is not filed for such a pupil, the Superintendent of Public Instruction shall not apportion money for that pupil to the governing body of the charter school in which the pupil is enrolled, or the board of trustees or governing body that provides the program of distance education.

      Sec. 23.  NRS 388.866 is hereby amended to read as follows:

      388.866  1.  The board of trustees of a school district or the governing body of a charter school that provides a program of distance education shall ensure that, for each course offered through the program, a teacher:

      (a) Provides the work assignments to each pupil enrolled in the course that are necessary for the pupil to complete the course; and

      (b) Meets or otherwise communicates with the pupil at least once each week during the course to discuss the pupil’s progress.

      2.  If a course offered through a program of distance education is a core academic subject, as defined in NRS 389.018, the teacher who fulfills the requirements of subsection 1 must be a [licensed teacher.] :

      (a) Licensed teacher; or

      (b) Teacher, instructor or professor who provides instruction at a community college or university. Such a teacher, instructor or professor may only be assigned to a course of distance education in the subject area for which he provides instruction at a community college or university.

      Sec. 24.  NRS 388.874 is hereby amended to read as follows:

      388.874  1.  The State Board shall adopt regulations that prescribe:

      (a) The process for submission of an application by a person or entity for inclusion of a course of distance education on the list prepared by the Department pursuant to NRS 388.834 and the contents of the application;

      (b) The process for submission of an application by the board of trustees of a school district , [or] the governing body of a charter school or a committee to form a charter school to provide a program of distance education and the contents of the application;

      (c) The qualifications and conditions for enrollment that a pupil must satisfy to enroll in a program of distance education, consistent with NRS 388.850;

      (d) A method for reporting to the Department the number of pupils who are enrolled in a program of distance education and the attendance of those pupils;

      (e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the achievement and proficiency examinations required pursuant to NRS 389.015 and 389.550; and

 


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ê2005 Statutes of Nevada, Page 2418 (Chapter 480, SB 56)ê

 

      (f) A written description of the process pursuant to which the State Board may revoke its approval for the operation of a program of distance education.

      2.  The State Board may adopt regulations as it determines are necessary to carry out the provisions of NRS 388.820 to 388.874, inclusive.

      Sec. 25.  NRS 389.632 is hereby amended to read as follows:

      389.632  1.  Except as otherwise provided in subsection 8, if the Department determines:

      (a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

      (b) That in the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

      (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

      2.  If the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

      (c) Based upon the criteria set forth in subsection 5, [that] the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. [The] Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

 


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ê2005 Statutes of Nevada, Page 2419 (Chapter 480, SB 56)ê

 

pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

      3.  If the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550; and

      (c) Based upon the criteria set forth in subsection 5, [that] the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.550 or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. [The] Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

      4.  Except as otherwise provided in subsection 8, if the Department determines that:

      (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

      (b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and

      (c) Based upon the criteria set forth in subsection 5, [that] the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

Ê the Department shall notify the school and the school district in which the school is located that the school is required to provide for an additional administration of the examinations to pupils who are enrolled in a grade that is required to take the examinations pursuant to NRS 389.015, excluding the high school proficiency examination, or to the pupils the Department determines must take the additional administration pursuant to subsection 6. The additional administration must occur in the same school year in which the irregularity described in paragraph (b) occurred. [The] Except as otherwise provided in this subsection, the school district shall pay for all costs related to the administration of examinations pursuant to this subsection. If a charter school is required to administer examinations pursuant to this subsection, the charter school shall pay for all costs related to the administration of the examinations to pupils enrolled in the charter school.

 


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ê2005 Statutes of Nevada, Page 2420 (Chapter 480, SB 56)ê

 

related to the administration of the examinations to pupils enrolled in the charter school.

      5.  In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the Department shall consider:

      (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

      (b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

      6.  If the Department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the Department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

      7.  The Department shall provide as many notices pursuant to this section during 1 school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within 1 school year as applicable to the irregularities occurring at the school.

      8.  If a school is required to provide an additional administration of examinations pursuant to NRS 385.3621 for a school year, the school is not required to provide for an additional administration pursuant to this section in that school year. The Department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of NRS 389.648 is included in its report for the additional administration provided by such a school pursuant to NRS 385.3621.

      Sec. 26.  NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his application a complete set of his fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if he determines that the applicant is otherwise qualified.

      5.  A license must be issued to an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

 


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ê2005 Statutes of Nevada, Page 2421 (Chapter 480, SB 56)ê

 

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied; and

      (c) The applicant submits the statement required pursuant to NRS 391.034.

      Sec. 27.  NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  Every applicant for a license must submit with his application a complete set of his fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation [and to the Central Repository for Nevada Records of Criminal History for their reports] for its report on the criminal history of the applicant. The Superintendent may issue a provisional license pending receipt of the reports if he determines that the applicant is otherwise qualified.

      3.  A license must be issued to an applicant if the Superintendent determines that the applicant is qualified and:

      (a) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

      (b) The Superintendent determines, in his discretion, that any conviction indicated in the reports on the criminal history of the applicant is unrelated to the position within the county school district or charter school for which the applicant applied.

      Sec. 28.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Nevada Highway Patrol Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner recommended by the Advisory Committee and approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division in the manner prescribed by the Director of the Department. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division.

 


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ê2005 Statutes of Nevada, Page 2422 (Chapter 480, SB 56)ê

 

crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction; or

             (4) For whom such information is required to be obtained pursuant to NRS 449.179.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

 


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ê2005 Statutes of Nevada, Page 2423 (Chapter 480, SB 56)ê

 

             (1) Has applied to the Superintendent of Public Instruction for a license;

             (2) Has applied to a county school district , charter school or [a] private school for employment; or

             (3) Is employed by a county school district , charter school or [a] private school,

Ê and notify the superintendent of each county school district , the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district , the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent , governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district , charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district , the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district , charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 449.176 or 449.179.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are recommended by the Advisory Committee and approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau, for submission to the Legislature, or the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) At the recommendation of the Advisory Committee and in the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

 


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ê2005 Statutes of Nevada, Page 2424 (Chapter 480, SB 56)ê

 

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Advisory Committee” means the Committee established by the Director of the Department pursuant to NRS 179A.078.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (c) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 29.  The amendatory provisions of section 14 of this act do not apply to a teacher who is on an approved leave of absence from a school district and is employed by the governing body of a charter school before July 1, 2005.

      Sec. 30.  1.  This section and sections 1 to 14, inclusive, 16 to 26, inclusive, and 28 and 29 of this act become effective on July 1, 2005.

      2.  Section 15 of this act becomes effective at 12:01 a.m. on July 1, 2005.

      3.  Section 4 of this act expires by limitation on June 30, 2006.

      4.  Section 26 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      5.  Section 27 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 

 


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ê2005 Statutes of Nevada, Page 2425ê

 

CHAPTER 481, SB 461

Senate Bill No. 461–Committee on Human Resources and Education

 

CHAPTER 481

 

AN ACT relating to education; providing for the enrollment of certain pupils in a university school for profoundly gifted pupils in lieu of enrolling in the schools that such pupils are otherwise scheduled to attend; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  1.  The Legislature declares that the primary consideration of the Legislature when enacting legislation regarding the appropriate instruction of profoundly gifted pupils in Nevada is to pursue all suitable means for the promotion of intellectual, literary and scientific improvements to the system of public instruction in a manner that will best serve the interests of all pupils, including profoundly gifted pupils.

      2.  The Legislature further declares that there are pupils enrolled in the public middle schools, junior high schools and high schools in this State who are so profoundly gifted that their educational needs are not being met by the schools in which they are enrolled, and by participating in an accelerated program of education, these pupils may obtain early admission to university studies. These accelerated programs should be designed to address the different and distinct learning styles and needs of these profoundly gifted pupils.

      3.  It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity or economic means, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

      4.  It is further the intent of the Legislature to support and encourage the ongoing development of innovative educational programs and tools to improve the educational opportunities of profoundly gifted pupils, regardless of race, culture, ethnicity or economic means and to increase the educational opportunities of pupils who are identified as profoundly gifted, gifted and talented, having special educational needs or being at risk for underachievement.

      Sec. 3.  As used in this chapter, unless the context otherwise provides, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Profoundly gifted pupil” means a person who is under the age of 18 years:

      1.  Whose intelligence quotient as determined by an individual administration of the Wechsler or Stanford-Binet Series tests or other test approved by the governing body of the university school for profoundly gifted pupils is at or above the 99.9th percentile; or

 


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ê2005 Statutes of Nevada, Page 2426 (Chapter 481, SB 461)ê

 

      2.  Who scores at or above the 99.9th percentile for his age on an aptitude or achievement test, including, without limitation, the Scholastic Aptitude Test or the American College Test.

      Sec. 5.  “University school for profoundly gifted pupils” means a school that:

      1.  Is located on the campus of a university within the University and Community College System of Nevada;

      2.  Is operated through a written agreement with the university;

      3.  Is operated by or is itself a nonprofit corporation that is recognized as exempt pursuant to 26 U.S.C. § 501(c)(3);

      4.  Demonstrates at least 5 years of successful experience providing educational services to profoundly gifted youth;

      5.  Provides a full-time alternative program of education for profoundly gifted pupils who have been identified as possessing the abilities and skills necessary for advanced academic work, including accelerated middle school, junior high school, high school and early university entrance; and

      6.  Does not charge tuition to pupils enrolled in the school.

      Sec. 6.  Notwithstanding the provisions of NRS 385.007 to the contrary, a university school for profoundly gifted pupils shall be deemed a public school.

      Sec. 7.  1.  Except as otherwise provided by specific statute, the provisions of title 34 of NRS do not apply to a university school for profoundly gifted pupils, except that a university school for profoundly gifted pupils is not entitled to receive any money from the State.

      2.  The employees of a university school for profoundly gifted pupils shall be deemed public employees.

      Sec. 8.  1.  A university school for profoundly gifted pupils 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.

      2.  A university school for profoundly gifted pupils may apply for and accept any gift, bequest, grant, appropriation or donation from any source, except that the acceptance of any gift, bequest, grant, appropriation or donation may not violate any state or federal law.

      Sec. 9.  1.  At least 70 percent of the teachers employed by a university school for profoundly gifted pupils must be licensed teachers.

      2.  A university school for profoundly gifted pupils shall administer to its pupils the achievement and proficiency examinations required by NRS 389.015 and 389.550.

      Sec. 10.  The Superintendent of Public Instruction shall:

      1.  Authorize any pupil who is admitted to a university school for profoundly gifted pupils to enroll in that school in lieu of enrolling in the middle school, junior high school or high school that the pupil is otherwise scheduled to attend.

      2.  Adopt regulations to carry out the provisions of this chapter with which each university school for profoundly gifted pupils must comply.

      Sec. 11.  1.  A university school for profoundly gifted pupils shall determine the eligibility of a pupil for admission to the school based upon a comprehensive assessment of the pupil’s potential for academic and intellectual achievement at the school, including, without limitation, intellectual and academic ability, motivation, emotional maturity and readiness for the environment of an accelerated educational program.

 


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ê2005 Statutes of Nevada, Page 2427 (Chapter 481, SB 461)ê

 

readiness for the environment of an accelerated educational program. The assessment must be conducted by a broad-based committee of professionals in the field of education.

      2.  A person who wishes to apply for admission to a university school for profoundly gifted pupils must:

      (a) Submit to the governing body of the school:

             (1) A completed application;

             (2) Evidence that he possesses advanced intellectual and academic ability, including, without limitation, proof that he scored in the 99.9th percentile or above on achievement and aptitude tests such as the Scholastic Aptitude Test and the American College Test;

             (3) At least three letters of recommendation from teachers or mentors familiar with the academic and intellectual ability of the applicant; and

             (4) A transcript from each school previously attended by the applicant.

      (b) If requested by the governing body of the school, participate in an on-campus interview.

      3.  The curriculum developed for pupils in a university school for profoundly gifted pupils must provide exposure to the subject areas required of pupils enrolled in other public schools.

      4.  The Superintendent of Public Instruction shall, upon recommendation of the governing body, issue a high school diploma to a pupil who is enrolled in a university school for profoundly gifted pupils if that pupil successfully passes the high school proficiency examination and the courses in American government and American history as required by NRS 389.020 and 389.030, and successfully completes any requirements established by the State Board of Education for graduation from high school.

      5.  On or before March 1 of each odd-numbered year, the governing body of a university school for profoundly gifted pupils shall prepare and submit to the Superintendent of Public Instruction, the President of the university where the university school for profoundly gifted pupils is located, the State Board of Education and the Director of the Legislative Counsel Bureau a report that contains information regarding the school, including, without limitation, the process used by the school to identify and recruit profoundly gifted pupils from diverse backgrounds and with diverse talents, and data assessing the success of the school in meeting the educational needs of its pupils.

      Sec. 12.  1.  The governing body of a university school for profoundly gifted pupils must consist of nine members and must include the Superintendent of Public Instruction, the president of the university where the university school for profoundly gifted pupils is located, who serve ex-officio. The Governor shall appoint three members to serve 4-year terms. The members appointed by the Governor may not be employees of the State, a municipality of the State or the Board of Regents of the University and Community College System of Nevada. The remaining four members of the governing body shall be appointed by the entity that operates the university school for profoundly gifted pupils. A person may serve on a governing body pursuant to this subsection only if he submits an affidavit to the Department of Education indicating that the person has not been convicted of a felony or any crime involving moral turpitude.

 


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ê2005 Statutes of Nevada, Page 2428 (Chapter 481, SB 461)ê

 

      2.  The governing body of a university school for profoundly gifted pupils is a public body. It is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be required to attain the ends for which the school is established and to promote the welfare of pupils who are enrolled in the school.

      3.  The governing body of a university school for profoundly gifted pupils shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the school is located.

      Sec. 13.  NRS 385.007 is hereby amended to read as follows:

      385.007  As used in this title, unless the context otherwise requires:

      1.  “Charter school” means a public school that is formed pursuant to the provisions of NRS 386.500 to 386.610, inclusive.

      2.  “Department” means the Department of Education.

      3.  “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070.

      4.  “Limited English proficient” has the meaning ascribed to it in 20 U.S.C. § 7801(25).

      5.  “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.

      6.  “State Board” means the State Board of Education.

      7.  “University school for profoundly gifted pupil” has the meaning ascribed to it in section 5 of this act.

      Sec. 14.  NRS 386.350 is hereby amended to read as follows:

      386.350  Each board of trustees is hereby given such reasonable and necessary powers, not conflicting with the Constitution and the laws of the State of Nevada, as may be requisite to attain the ends for which the public schools, excluding charter schools [,] and university schools for profoundly gifted pupils, are established and to promote the welfare of school children, including the establishment and operation of schools and classes deemed necessary and desirable.

      Sec. 15.  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 NRS 386.500 to 386.610, inclusive.

      6.  A university school for profoundly gifted pupils is a public school established pursuant to sections 2 to 12, inclusive, of this act.

 


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ê2005 Statutes of Nevada, Page 2429 (Chapter 481, SB 461)ê

 

      Sec. 16.  NRS 388.040 is hereby amended to read as follows:

      388.040  1.  Except as otherwise provided in subsection 2, the board of trustees of a school district that includes more than one school which offers instruction in the same grade or grades may zone the school district and determine which pupils shall attend each school.

      2.  The establishment of zones pursuant to subsection 1 does not preclude a pupil from attending a charter school [.] or a university school for profoundly gifted pupils.

      Sec. 17.  NRS 389.020 is hereby amended to read as follows:

      389.020  1.  In all public schools, 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, instruction must be given in American government, including, without limitation, the:

      (a) Essentials of the:

             (1) Constitution of the United States, including, without limitation, the Bill of Rights;

             (2) Constitution of the State of Nevada; and

             (3) Declaration of Independence;

      (b) Origin and history of the Constitutions; and

      (c) Study of and devotion to American institutions and ideals.

      2.  [The] Except as otherwise provided in section 11 of this act, the instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.

      Sec. 18.  NRS 389.030 is hereby amended to read as follows:

      389.030  Except as otherwise provided in section 11 of this act, American history, including, without limitation, the history of the:

      1.  Constitution of the United States, including, without limitation, the Bill of Rights;

      2.  State of Nevada, including, without limitation, the Constitution of the State of Nevada; and

      3.  Declaration of Independence,

Ê must be taught in all of the public schools in the State of Nevada for a period of at least 1 year.

      Sec. 19.  NRS 389.035 is hereby amended to read as follows:

      389.035  [No]

      1.  Except as otherwise provided in subsection 2, no pupil in any public high school, the Caliente Youth Center, the Nevada Youth Training Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS may receive a certificate or diploma of graduation without having passed a course in American government and American history as required by NRS 389.020 and 389.030.

      2.  A pupil who is enrolled in a university school for profoundly gifted pupils who meets the requirements of section 11 of this act is exempt from the provisions of this section.

      Sec. 20.  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, irrigation district, school district, governing body of a charter school [and] , any other special district that performs a governmental function, even though it does not exercise general governmental powers [.]

 


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regional transportation commission and a fire protection district, irrigation district, school district, governing body of a charter school [and] , 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.

      Sec. 21.  NRS 41.0307 is hereby amended to read as follows:

      41.0307  As used in NRS 41.0305 to 41.039, inclusive:

      1.  “Employee” includes an employee of a:

      (a) Part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

      (b) Charter school.

      (c) University school for profoundly gifted pupils described in sections 2 to 12, inclusive, of this act.

      2.  “Employment” includes any services performed by an immune contractor.

      3.  “Immune contractor” means any natural person, professional corporation or professional association which:

      (a) Is an independent contractor with the State pursuant to NRS 284.173; and

      (b) Contracts to provide medical services for the Department of Corrections.

Ê As used in this subsection, “professional corporation” and “professional association” have the meanings ascribed to them in NRS 89.020.

      4.  “Public officer” or “officer” includes:

      (a) A member of a part-time or full-time board, commission or similar body of the State or a political subdivision of the State which is created by law.

      (b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.

      Sec. 22.  NRS 41.745 is hereby amended to read as follows:

      41.745  1.  An employer is not liable for harm or injury caused by the intentional conduct of an employee if the conduct of the employee:

      (a) Was a truly independent venture of the employee;

      (b) Was not committed in the course of the very task assigned to the employee; and

      (c) Was not reasonably foreseeable under the facts and circumstances of the case considering the nature and scope of his employment.

Ê For the purposes of this subsection, conduct of an employee is reasonably foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.

      2.  Nothing in this section imposes strict liability on an employer for any unforeseeable intentional act of his employee.

      3.  For the purposes of this section:

      (a) “Employee” means any person who is employed by an employer, including, without limitation, any present or former officer or employee, immune contractor, an employee of a university school for profoundly gifted pupils described in section 2 to 12, inclusive, of this act, or a member of a board or commission or Legislator in this State.

      (b) “Employer” means any public or private employer in this State, including, without limitation, the State of Nevada, a university school for profoundly gifted pupils described in sections 2 to 12, inclusive, of this act, any agency of this State and any political subdivision of the State.

 


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ê2005 Statutes of Nevada, Page 2431 (Chapter 481, SB 461)ê

 

profoundly gifted pupils described in sections 2 to 12, inclusive, of this act, any agency of this State and any political subdivision of the State.

      (c) “Immune contractor” has the meaning ascribed to it in subsection 3 of NRS 41.0307.

      (d) “Officer” has the meaning ascribed to it in subsection 4 of NRS 41.0307.

      Sec. 23.  1.  On or before July 1, 2006, the governing body of each university school for profoundly gifted pupils shall provide a report to the Legislative Committee on Education.

      2.  On or before February 1, 2007, the governing body of each university school for profoundly gifted pupils shall provide a report to the Superintendent of Public Instruction, the State Board of Education and the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      3.  The reports required by subsections 1 and 2 must include, without limitation, the status of the university school for profoundly gifted pupils, the progress of the school, the effectiveness of the school in meeting its goals, any recommendations for legislation and any relevant fiscal information.

      Sec. 24.  This act becomes effective on July 1, 2005.

________

 

CHAPTER 482, AB 580

Assembly Bill No. 580–Committee on Ways and Means

 

CHAPTER 482

 

AN ACT relating to public administration; providing that a person who lawfully obtains custody of a child after an order for support for that child has been issued may enforce that order under certain circumstances; creating the Office of Minority Health within the Department of Human Resources; providing for the establishment of a statewide nonemergency telephone system that is accessible by dialing the digits 2-1-1; requiring the Governor to publish a Nevada Report to taxpayers on the status of the state finances; providing for the periodic review of school districts to determine whether the school districts are carrying out certain financial management principals under certain circumstances; requiring the boards of trustees of school districts to pay increased salaries to certain speech pathologists who are employed by those districts; providing various benefits for members of the Nevada National Guard who are called into active service; requiring the Director of the Department of Human Resources to include in the State Plan for Medicaid a requirement that young adults who have “aged out” of foster care are eligible for Medicaid; creating the Account for the Control of Weeds; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

 


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ê2005 Statutes of Nevada, Page 2432 (Chapter 482, AB 580)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 125B.040 is hereby amended to read as follows:

      125B.040  1.  The obligation of support imposed on the parents of a child also creates a cause of action on behalf of the legal representatives of either of them, or on behalf of third persons or public agencies furnishing support or defraying the reasonable expenses thereof.

      2.  In the absence of a court order, reimbursement from the nonsupporting parent is limited to not more than 4 years’ support furnished before the bringing of the action.

      3.  An order for the support of a child creates an obligation for the support of the child and follows the child to the person who has obtained lawful physical custody of the child.

      4.  A person who obtains lawful physical custody of a child for whom an order for support has been issued shall be deemed to be the person entitled to receive the payments ordered for the support of the child. Such a person may in the same manner as the person named in the order for support of the child and without petitioning the court for a new order:

      (a) Enforce the existing order for support of the child; or

      (b) Request modification of the order for support of the child.

      5.  The transfer of an obligation for support of a child pursuant to this section remains in effect as long as the person lawfully retains physical custody of the child or until a court orders otherwise. If the person ceases to have physical custody of the child, the person to whom the lawful physical custody of the child is transferred becomes the person entitled to receive the payments for the support of the child, unless a court orders otherwise.

      6.  A person who obtains lawful physical custody of a child and who was not a party to the original proceeding in which a court issued an order for the support of the child that wishes to enforce the order must:

      (a) Provide the Welfare Division of the Department of Human Resources with a written declaration, under penalty of perjury, that the person has obtained lawful physical custody of the child;

      (b) If the Welfare Division or its designee has not been responsible for enforcing the order, mail to the obligor at his last known address by first-class mail and to the attorney of record, if any, specified in the previous decree of divorce or order:

             (1) A copy of the written declaration created pursuant to paragraph (a);

             (2) A statement setting forth the name of the person, the month and year in which the person obtained physical custody of the child and the address to which the payments for support of the child must be sent; and

             (3) Notice that the obligor must send future payments for support of the child to the person; and

      (c) If the Welfare Division or its designee has not been responsible for enforcing the order, file a copy of the declaration created pursuant to paragraph (a) with the court that entered the order for support of the child and comply with the provisions of subsection 2 of NRS 125B.055.

      7.  Upon receipt of a declaration created pursuant to paragraph (a) of subsection 6, if the Welfare Division or its designee has been responsible for enforcing the order for the support of the child, the Welfare Division shall:

 


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ê2005 Statutes of Nevada, Page 2433 (Chapter 482, AB 580)ê

 

for enforcing the order for the support of the child, the Welfare Division shall:

      (a) Mail to the obligor at his last known address by first-class mail and to the attorney of record, if any, specified in the previous decree of divorce or order:

             (1) A copy of the declaration; and

             (2) Notice to the obligor that the payments for support of the child will be provided to the person who has lawful physical custody of the child until such custody is terminated or until a court orders otherwise; and

      (b) File a copy of the declaration and notice with the court that entered the order for support of the child.

      8.  A person who fails to comply with the requirements of subsection 6 does not lose the right to receive payments ordered for the support of the child but such failure may be considered by a court in determining the amount of arrears owed by an obligor to the person.

      9.  Notwithstanding the transfer of an obligation for the support of a child made pursuant to this section, any arrears in the payment of an obligation for the support of a child accrues to the person who had lawful physical custody of the child at the time that the payment was due and remains due until paid in full.

      10.  For the purposes of this section, visitation rights must not be construed as a change of custody.

      11.  The provisions of this section do not change the legal custody of a child or affect the rights and obligations of a parent relating to a child.

      12.  As used in this section, “lawful physical custody” means a person who has obtained physical custody:

      (a) Pursuant to an order of a court; or

      (b) With the consent of the person who has been awarded physical custody of the child pursuant to an order of a court.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Legislative Committee on Children, Youth and Families, or, if the Committee does not exist, to the Legislative Commission, the sum of $150,000 to contract with a qualified, independent consultant to conduct a performance audit of the enforcement and collection of child support by the Welfare Division of the Department of Human Resources and the district attorneys of this State.

      2.  The audit conducted pursuant to this section must examine:

      (a) The customer service operations of the Welfare Division and the district attorneys of this State established to assist with the enforcement and collection of orders for the support of children.

      (b) The effectiveness of the operations of the Welfare Division and the district attorneys of this State in carrying out their duties pursuant to chapters 31A and 425 of NRS, including, without limitation:

             (1) Locating obligor parents;

             (2) Establishing paternity; and

             (3) Enforcing orders for support of a child.

      (c) The identification of best practices from other states concerning methods for the efficient and expeditious enforcement and collection of orders for the support of children.

      3.  On or before February 1, 2007, the Legislative Committee on Children, Youth and Families, or, if the Committee does not exist, the Legislative Commission, shall submit the report of the consultant that contains the findings of the audit and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature.

 


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ê2005 Statutes of Nevada, Page 2434 (Chapter 482, AB 580)ê

 

contains the findings of the audit and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 74th Session of the Nevada Legislature.

      Sec. 3.  Any remaining balance of the appropriation made by section 2 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 4.  Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 20, inclusive, of this act.

      Sec. 5.  As used in sections 5 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 6.  “Advisory Committee” means the Committee created in the Office pursuant to section 18 of this act.

      Sec. 7.  “Health care” includes, without limitation, mental health care.

      Sec. 8.  “Manager” means the Manager of the Office of Minority Health of the Department.

      Sec. 9.  “Minority group” means a racial or ethnic minority group.

      Sec. 10.  “Office” means the Office of Minority Health of the Department.

      Sec. 11.  The Office of Minority Health is hereby created within the Department. The purposes of the Office are to:

      1.  Improve the quality of health care services for members of minority groups;

      2.  Increase access to health care services for members of minority groups; and

      3.  Disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups.

      Sec. 12.  1.  In accomplishing its purposes, the Office shall:

      (a) Provide a central source of information for the use of the public concerning health care services for members of minority groups and health care issues of interest to those members;

      (b) Identify and use any available resources for the improvement of the quality of health care services for members of minority groups and for increased access to health care services for those members;

      (c) Develop and coordinate plans and programs to improve the quality of health care services for members of minority groups and to increase access to health care services for those members, including, without limitation, plans and programs that primarily serve local communities;

      (d) Hold conferences and provide training concerning cultural diversity in the workplace for public and private entities that offer services in the field of health care, including, without limitation, providing recommendations and opportunities for training for such public and private entities to improve recruitment of members of minority groups;

      (e) Whenever possible, incorporate the use of bilingual communication in its programs and activities;

      (f) Publicize health care issues of interest to members of minority groups; and

      (g) Develop and carry out such other programs and activities as the Office deems appropriate.

      2.  In carrying out the duties set forth in subsection 1, the Office may seek assistance from and cooperate with a public or private entity.

 


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ê2005 Statutes of Nevada, Page 2435 (Chapter 482, AB 580)ê

 

      Sec. 13.  The Office may:

      1.  Apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out its purposes;

      2.  Contract with a public or private entity to assist in carrying out its purposes; and

      3.  Adopt such regulations as are necessary to carry out the provisions of sections 5 to 20, inclusive, of this act.

      Sec. 14.  The Director shall appoint a Manager of the Office. The Manager must be appointed on the basis of his education, training, experience, demonstrated abilities and interest in the provision of health care services to members of minority groups and in related programs.

      Sec. 15.  The Manager shall:

      1.  Ensure that the purposes of the Office are carried out;

      2.  Direct and supervise all the technical and administrative activities of the Office;

      3.  Attend the meetings of the Advisory Committee, serve as secretary at those meetings and keep minutes of those meetings;

      4.  Request and consider the advice of the Advisory Committee concerning matters of policy;

      5.  Serve as the contracting officer for the Office to receive money from the Federal Government or any other source; and

      6.  Act as liaison between the Office, members of minority groups, and public and private entities offering health care services primarily to those members or offering health care information of interest to those members.

      Sec. 16.  On or before March 1 of each odd-numbered year, the Manager shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must outline the manner in which the Office has accomplished its purposes during the biennium, including, without limitation, information concerning the activities, findings and recommendations of the Office as they relate to health care services for members of minority groups and to health care issues of interest to those members.

      Sec. 17.  1.  The Manager may, within the limits of legislative appropriations and other available money, award a grant of money to a person for use consistent with the provisions of sections 5 to 20, inclusive, of this act.

      2.  Before the Manager may award a grant pursuant to subsection 1, he shall adopt by regulation:

      (a) Procedures by which a person may apply for a grant from the Manager;

      (b) Criteria that the Manager will consider in determining whether to award a grant; and

      (c) Procedures by which the Manager will distribute any money that the Office receives pursuant to subsection 1 of section 13 of this act.

      Sec. 18.  1.  There is hereby created in the Office an Advisory Committee consisting of nine members appointed by the Governor.

      2.  When appointing a member to the Advisory Committee, consideration must be given to whether the members appointed to the Advisory Committee reflect the ethnic and geographical diversity of this State.

 


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ê2005 Statutes of Nevada, Page 2436 (Chapter 482, AB 580)ê

 

      3.  The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

      4.  At its first meeting and annually thereafter, the Advisory Committee shall elect a Chairman from among its members.

      Sec. 19.  1.  Each member of the Advisory Committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, as fixed by the Manager in consultation with the Advisory Committee, for each day or portion of a day spent on the business of the Advisory Committee. Each member of the Advisory Committee who is an officer or employee of the State of Nevada serves without additional compensation. Each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. A claim for a payment pursuant to this section must be made on a voucher approved by the Manager and paid as other claims against the State are paid.

      2.  Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the Advisory Committee to make up time or take annual vacation or compensatory time for the time that he is absent from work to carry out his duties as a member of the Advisory Committee.

      Sec. 20.  The Advisory Committee shall:

      1.  Advise the Manager on all matters concerning the manner in which the purposes of the Office are being carried out;

      2.  Review the manner in which the Office uses any gifts, grants, donations or appropriations to carry out the purposes of the Office and make recommendations; and

      3.  Review any reports to be submitted by the Manager, including, without limitation, the report required pursuant to section 16 of this act, and make recommendations.

      Sec. 21.  NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.465, inclusive, and sections 5 to 20, inclusive, and section 23 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Human Resources.

      2.  “Director” means the Director of the Department.

      Sec. 22.  1.  There is hereby appropriated from the State General Fund to the Department of Human Resources to establish the Office of Minority Health:

For the Fiscal Year 2005-2006..................................................... $134,234

For the Fiscal Year 2006-2007..................................................... $114,262

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

 


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ê2005 Statutes of Nevada, Page 2437 (Chapter 482, AB 580)ê

 

General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 23.  Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department, in collaboration with any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services, shall establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. The system must:

      (a) Integrate any information and referral systems previously established by state agencies, local agencies or community-based organizations with the system established pursuant to this section;

      (b) Be the sole system in this State which is accessible to a person by dialing the digits 2‑1‑1 and which provides nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State;

      (c) Be accessible to a person using the public telephone system by dialing the digits 2‑1‑1; and

      (d) Include information that is updated periodically.

      2.  In establishing the statewide information and referral system, the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:

      (a) The Public Utilities Commission of Nevada;

      (b) Telephone companies which provide service through a local exchange in this State;

      (c) Companies that provide wireless phone services in this State;

      (d) Existing information and referral services established by state agencies, local agencies or community-based organizations;

      (e) State and local agencies or other organizations that provide health, welfare, human and social services;

      (f) Nonprofit organizations; and

      (g) Such other agencies, entities and organizations as determined necessary by the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services or any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services.

      3.  The Public Utilities Commission of Nevada, each telephone company which provides service through a local exchange in this State and each company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.

 


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ê2005 Statutes of Nevada, Page 2438 (Chapter 482, AB 580)ê

 

referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.

      Sec. 24.  1.  There is hereby appropriated from the State General Fund to the Department of Human Resources the sum of $200,000 for the establishment of the statewide nonemergency information and referral telephone system concerning health, welfare, human and social services established pursuant to section 23 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 25.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before January 1 of each year, the Governor shall compile a report on the status of the finances of the State the information published in:

      (a) The most recent executive budget report prepared pursuant to the provisions of NRS 353.185;

      (b) The most recent report prepared by the State Controller pursuant to the provisions of NRS 227.110;

      (c) The most recent report on the count of State money prepared pursuant to the provisions of NRS 353.075;

      (d) The most recent report on the transactions and proceedings of the Department of Taxation prepared pursuant to the provisions of NRS 360.100;

      (e) The most recent report prepared by each regulatory agency pursuant to the provisions of NRS 622.110;

      (f) The most recent report prepared by each school district pursuant to the provisions of NRS 387.303;

      (g) The most recent report prepared and submitted by each local government pursuant to the provisions of NRS 360.220; and

      (h) Any other report prepared by the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions that the Governor deems to be relevant to the status of finances of the State.

      2.  The report required pursuant to subsection 1 must be:

      (a) Titled the “Nevada Report to Taxpayers”;

      (b) Written in plain English; and

      (c) Contain such information as the Governor deems appropriate to provide a full and accurate description on the status of the finances of the State, including, without limitation:

             (1) The total amount of revenue collected by the State or an agency of the State during the preceding fiscal year;

             (2) The actual total of all expenses and expenditures by the State or an agency of the State during the preceding fiscal year;

             (3) A comparison of the total amount appropriated or authorized for expenditure by the State during the preceding fiscal year and the actual total of all expenses and expenditures by the State during the preceding fiscal year;

             (4) The total amount of outstanding public debt of the State at the end of the preceding fiscal year;

             (5) The total cost to pay the public debt of the State during the preceding fiscal year; and

 


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ê2005 Statutes of Nevada, Page 2439 (Chapter 482, AB 580)ê

 

             (6) Such information on the revenue, expenditures and public debt of the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions as the Governor deems necessary to provide a full and accurate description on the status of the finances of the State.

      3.  The Governor shall make the report required pursuant to subsection 1 available for access by the public on the Internet or its successor, if any.

      Sec. 26.  1.  There is hereby appropriated from the State General Fund to the Department of Administration for expenses related to carrying out the provisions of section 25 of this act:

For the Fiscal Year 2005-2006....................................................... $20,351

For the Fiscal Year 2006-2007....................................................... $14,851

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 27.  Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 37, inclusive, of this act.

      Sec. 28.  As used in sections 28 to 37, inclusive, of this act, “management principles” means the financial management principles set forth in section 32 of this act.

      Sec. 29.  The provisions of sections 28 to 37, inclusive, of this act apply only to the extent that money is made available by the Legislature to carry out the provisions of those sections. The Legislative Counsel Bureau may accept gifts, grants and other sources of money to provide financial assistance in expanding the number of school districts selected for reviews pursuant to sections 28 to 37, inclusive, of this act.

      Sec. 30.  1.  Except as otherwise provided in section 29 of this act, each school district must undergo a review pursuant to sections 28 to 37, inclusive, of this act every 6 years unless the school district is granted an exemption from a review pursuant to section 34 or 36 of this act. The reviews must be conducted in even-numbered years to ensure compliance with the deadlines set forth in sections 28 to 37, inclusive, of this act.

      2.  To ensure compliance with subsection 1, the Legislative Auditor shall, on or before February 1 of each odd-numbered year, submit a written list to the Director of the Legislative Counsel Bureau for transmission to the Legislature identifying each school district that the Legislative Auditor recommends for review in the next even-numbered year. The Legislature may, by concurrent resolution, accept the recommendations of the Legislative Auditor or revise the recommendations of the Legislative Auditor and select each school district to be reviewed in the next even-numbered year.

      3.  If a concurrent resolution is adopted pursuant to subsection 2, the Legislative Auditor shall, on or before September 1 after adoption of the resolution, issue a request for proposals, in accordance with any applicable procedures of the Legislative Counsel Bureau, for a qualified, independent consultant to conduct a review of each school district selected for a review. A consultant:

 


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ê2005 Statutes of Nevada, Page 2440 (Chapter 482, AB 580)ê

 

      (a) Must be located outside this State and have previous experience with auditing school districts or otherwise reviewing school districts based upon the management principles;

      (b) Must possess expertise and knowledge about the management principles;

      (c) Must be capable of performing the requirements of sections 28 to 37, inclusive, of this act with integrity, objectivity and independence; and

      (d) Must not be regularly engaged with or doing business with a school district in this State.

      4.  The Legislative Auditor shall ensure that the request for proposals includes, without limitation:

      (a) The scope of the review, which must include an evaluation and determination of whether the school district is successfully carrying out the management principles;

      (b) A requirement that the consultant adhere to a standardized format for each review that it conducts, including, without limitation, a standard and consistent format for presentation of the data, information and results of each review; and

      (c) A requirement that the consultant include on the team that will conduct the review at least one person who has experience with auditing school districts or otherwise reviewing school districts in accordance with the management principles.

      5.  The Legislative Auditor shall review the proposals of applicants and prepare a list of those applicants that, in the determination of the Legislative Auditor, are the most qualified and capable of performing the requirements of sections 28 to 37, inclusive, of this act, with a ranking provided for each applicant. On or before November 15, the Legislative Auditor shall submit his list and rankings of qualified applicants to the State Board. On or before January 1 of the even-numbered year in which the review will be conducted, the State Board shall select a consultant from the list submitted by the Legislative Auditor. Upon selection by the State Board, the Legislative Counsel Bureau shall prepare a written agreement between the Bureau and the consultant in accordance with any applicable procedures of the Bureau. The consultant shall commence the review of each school district selected for a review not later than February 1.

      6.  The State Board is responsible for monitoring the performance of the consultant and authorizing payments to the consultant. Upon authorization of the State Board, the Legislative Counsel Bureau shall make the payments to the consultant. The oversight committee established pursuant to section 31 of this act shall assist the State Board in monitoring the performance of the consultant.

      7.  If a school district is selected for a review, the board of trustees of the school district shall conduct a self-assessment at least 60 days before the commencement of the review by the consultant. The self-assessment must include a review of the areas prescribed in subsection 2 of section 32 of this act based upon the management principles. The results of the self-assessment must be submitted to the Department for transmission to the consultant not later than the date on which the review is commenced. The consultant shall use the self-assessment in the review of the school district.

      Sec. 31.  1.  If a school district is selected for a review, an oversight committee must be established to assist the consultant in the process of the review for that school district. Each oversight committee must consist of:

 


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ê2005 Statutes of Nevada, Page 2441 (Chapter 482, AB 580)ê

 

      (a) One member of the general public, appointed by the Speaker of the Assembly;

      (b) One member of the general public, appointed by the Majority Leader of the Senate;

      (c) One member of the State Board, appointed by the President of the State Board;

      (d) One member of the board of trustees of the school district, appointed by the president of that board;

      (e) One member of a parent-teacher association located within the school district who has at least one child enrolled in a public school within the district, appointed by the Governor;

      (f) One representative of:

             (1) The Nevada State Education Association, appointed by the President of that Association; or

             (2) At the discretion of the President of the Nevada State Education Association, one representative of a recognized employee organization representing licensed educational personnel within the school district, appointed by a designated representative of that employee organization; and

      (g) One school administrator who is employed by the school district to provide administrative service at an individual school and not to provide service at the district level, appointed by the President of the Nevada Association of School Administrators.

      2.  An oversight committee established pursuant to subsection 1 shall monitor the progress of the consultant in conducting the review in accordance with sections 28 to 37, inclusive, of this act, including, without limitation, requesting periodic reports from the consultant on the status of the evaluation.

      Sec. 32.  1.  Each school district selected for a review must be evaluated to determine whether the school district is successfully carrying out the following financial management principles:

      (a) Establishes and carries out policies, procedures and internal controls to process business transactions efficiently;

      (b) Uses cost-efficient measures to assess operations on a regular basis;

      (c) Carries out measures to improve services and reduce costs;

      (d) Maximizes the efficiency of money expended for public schools and ensures that resources are safeguarded;

      (e) Structures its organization and staff in a manner that provides efficiency and excellence in the delivery of a public education;

      (f) Establishes benchmarks for productivity and performance;

      (g) Makes financial planning and budgeting decisions in a manner that is linked to the priorities of the school district, including, without limitation, the performance of pupils;

      (h) Uses options for financing debt in a manner that provides for maximum efficiency;

      (i) Invests proceeds from bonds and operating resources to earn an appropriate and comparable rate of return; and

      (j) Uses debt management and investment policies in a manner that is representative of current market and risk profiles.

 


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ê2005 Statutes of Nevada, Page 2442 (Chapter 482, AB 580)ê

 

      2.  Each school district selected for a review must be evaluated based upon the management principles set forth in subsection 1 in each of the following areas:

      (a) Financial management;

      (b) Facilities management, including, without limitation, the plan for funding the rebuilding of older schools and the programs of preventative maintenance;

      (c) Personnel management;

      (d) District organization, including, without limitation, an evaluation of the efficiency and cost-effectiveness of the management structure of the school district to identify possible measures for cost-savings;

      (e) Employee health plans and health plans for retired employees;

      (f) Transportation, including, without limitation, an evaluation of whether the school district ensures the safe and efficient transportation of pupils;

      (g) Alignment with the needs and expectations of the public, including, without limitation, surveys of the residents of the community;

      (h) Effective delivery of educational services and programs; and

      (i) Any other area that, in the professional judgment and expertise of the consultant, warrants a review based upon the management principles.

      3.  In addition to the areas required to be reviewed pursuant to subsection 2, if a particular school within a school district that is selected for a review receives a sum of money for the purpose of providing education to pupils and the specific use of that money is otherwise within the sole discretion of the school, the consultant may:

      (a) Review the manner by which decisions were made concerning the use of that money;

      (b) Review the use of that money by the school; and

      (c) Track the expenditures made with that money.

Ê The consultant shall limit the scope of his review pursuant to this subsection to that particular sum of money and is not authorized to review all accounts and funds at a particular school.

      Sec. 33.  1.  A consultant selected to perform a review of a school district shall:

      (a) Consider the results and recommendations of other audits, if any, conducted by or on behalf of the school district in the immediately preceding 6 years;

      (b) Hold at least one public meeting in the county in which the school district is located to explain the process of the review and to obtain information from school administrators, teachers, parents and guardians, pupils, members of the business community and other residents of the school district concerning the operation and management of the school district; and

      (c) Supervise and oversee his employees and other persons enlisted by the consultant to assist with the review.

      2.  The Department shall provide technical support and expertise to the consultant during the review to ensure that the objectives of the review and the requirements of sections 28 to 37, inclusive, of this act are met.

      3.  Upon the request of the consultant, the Department, the board of trustees of the school district, the superintendent of schools of the school district and the employees of the school district shall make available to the consultant all books, accounts, claims, reports, vouchers, records and other information, confidential or otherwise, necessary for the consultant to carry out his review.

 


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ê2005 Statutes of Nevada, Page 2443 (Chapter 482, AB 580)ê

 

information, confidential or otherwise, necessary for the consultant to carry out his review.

      4.  The consultant shall:

      (a) Maintain the confidentiality of all information, records and data obtained for the purpose of carrying out the provisions of sections 28 to 37, inclusive, of this act;

      (b) Use such information, records and data only for the purpose of carrying out the provisions of sections 28 to 37, inclusive, of this act and for no other purposes;

      (c) Require his employees and other persons enlisted by the consultant to assist with the review to comply with the confidentiality requirements of this subsection; and

      (d) Keep or cause to be kept a complete file of copies of all reports of reviews conducted pursuant to sections 28 to 37, inclusive, of this act.

      5.  All working papers from a review conducted pursuant to sections 28 to 37, inclusive, of this act are confidential and may be destroyed by the consultant 8 years after the final written report of the review is issued, except that the consultant:

      (a) Shall release such working papers when subpoenaed by a court;

      (b) Shall make such working papers available to the Legislative Auditor upon his request; and

      (c) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him.

      Sec. 34.  1.  The consultant shall complete the review of a school district within 6 months after the date on which the review is commenced. The consultant shall prepare a final written report of the review that:

      (a) Is documented by sufficient, competent and relevant evidence to provide a reasonable basis for the findings and conclusions of the consultant.

      (b) If the consultant determines that the school district is not successfully carrying out the management principles in one or more of the areas set forth in subsection 2 of section 32 of this act, includes a plan for corrective action for the school district to carry out successfully the management principles in each area within 2 years. The plan must:

             (1) Be logically connected to and substantiated by the results of the review;

             (2) Be specific and detailed; and

             (3) Identify methods for the school district to reduce its costs and expenses.

      (c) Includes the written response of the school district prepared pursuant to subsection 2.

      2.  The consultant shall furnish a copy of the preliminary report of the review to the superintendent of schools of the school district and discuss the report with the superintendent. Within 30 days after receipt of the preliminary report, the superintendent shall, in consultation with the board of trustees of the school district, prepare a written response to the preliminary report that includes a statement of explanation or rebuttal of any findings contained in the preliminary report. The consultant shall include the written response of the school district in his final written report submitted pursuant to subsection 1.

 


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ê2005 Statutes of Nevada, Page 2444 (Chapter 482, AB 580)ê

 

      3.  The final written report of the consultant must be submitted to the board of trustees of the school district, the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature within 60 days after the review is complete.

      4.  If the consultant determines that a school district is successfully carrying out the management principles for each of the areas set forth in subsection 2 of section 32 of this act, the school district is exempt from its next 6-year review unless the Legislature subsequently determines that the conditions or circumstances occurring within the school district warrant another review pursuant to sections 28 to 37, inclusive, of this act. If a school district is exempt pursuant to this subsection, the exemption is valid for only one review and the school district must undergo a review at least once every 12 years.

      5.  The preliminary report and the final report must be made available to the general public.

      Sec. 35.  1.  Upon receipt of a final written report pursuant to section 34 of this act, the board of trustees of the school district shall hold a public meeting to review the findings and recommendations of the consultant. The consultant or his designee must be present at the meeting and available for discussion and questions.

      2.  Except as otherwise provided in subsection 3, not later than 90 days after the issuance of the final written report, the board of trustees of the school district shall vote on whether to adopt the plan for corrective action if such a plan is recommended by the consultant. The superintendent of schools of the school district shall provide written notice of the outcome of the vote to the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature. The board of trustees of a school district may vote to reverse a decision not to adopt a plan for corrective action if sufficient time remains, as determined by the board of trustees, to carry out the management principles within 2 years after the issuance of the final report.

      3.  If the board of trustees of a school district does not vote on whether to adopt a plan for corrective action within 90 days after the issuance of the final written report, the:

      (a) Superintendent of schools of the school district shall provide written notice to the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature;

      (b) Department may assess the situation and contact the members of the board of trustees to urge the board to take a vote; and

      (c) State Board may allow an additional 30 days for the board of trustees to vote on the plan.

      4.  If the board of trustees of the school district does not vote on a plan for corrective action or if the board of trustees votes not to adopt a plan for corrective action, the members of the board of trustees may be required to appear and present testimony before the Legislature or a standing committee of the Legislature to examine any justification of the failure of the board of trustees to vote on the plan or to adopt the plan, as applicable.

      Sec. 36.  1.  If the board of trustees of a school district adopts a plan for corrective action, the board of trustees of the school district shall prepare, on or before February 1:

 


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ê2005 Statutes of Nevada, Page 2445 (Chapter 482, AB 580)ê

 

      (a) A written progress report for submission, in the even-numbered year after the plan is adopted, to the State Board, the Legislative Committee on Education and the Legislative Auditor.

      (b) A final written report for submission, in the odd-numbered year after the plan is adopted, to the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature.

      2.  The written progress report and the final written report must indicate the extent to which the plan has been carried out, the extent to which the plan has not been carried out and the reasons for any failure to carry out the plan.

      3.  Upon receipt of the final written report of the school district, the Legislative Auditor shall:

      (a) Review the report and the plan for corrective action;

      (b) Determine whether the school district successfully carried out the plan for corrective action and complies with the management principles for each of the areas set forth in subsection 2 of section 32 of this act; and

      (c) Submit a written report of his determination to the Legislature, including a recommendation whether the school district should be granted an exemption from its next 6-year review.

      4.  The Legislature or a standing committee of the Legislature may:

      (a) Review the reports submitted pursuant to this section and the written determination of the Legislative Auditor; and

      (b) Conduct hearings to examine any justification for the failure of a school district to carry out successfully the management principles or to fully carry out the plan for corrective action.

      5.  The Legislature may, by concurrent resolution, determine that the school district complies with the management principles and grant an exemption to the school district from its next 6-year review. If a school district is exempt pursuant to this subsection, the exemption is valid for only one review and the school district must undergo a review at least once every 12 years.

      Sec. 37.  1.  If a school district is granted an exemption pursuant to section 34 or 36 of this act, the board of trustees of the school district shall provide written notice for each year that the exemption applies which includes:

      (a) A determination of whether the school district continues to carry out the management principles; and

      (b) Any changes in the policies or operations of the school district or any other circumstances occurring in the school district that do not conform to the management principles.

      2.  The written notice must be submitted on or before January 1 to:

      (a) In even-numbered years, the State Board, the Legislative Committee on Education and the Legislative Auditor.

      (b) In odd-numbered years, the State Board, the Legislative Auditor and the Director of the Legislative Counsel Bureau for transmission to the Legislature.

      Sec. 38.  1.  There is hereby appropriated from the State General Fund to the Legislative Counsel Bureau the sum of $300,000 for reviews of certain school districts in accordance with sections 28 to 37, inclusive, of this act.

      2.  Notwithstanding the provisions of section 30 of this act to the contrary, the Legislative Auditor shall issue a request for proposals for reviews of school districts selected by the Legislative Auditor after consultation with the Legislative Commission.

 


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ê2005 Statutes of Nevada, Page 2446 (Chapter 482, AB 580)ê

 

reviews of school districts selected by the Legislative Auditor after consultation with the Legislative Commission.

      3.  Each school district selected by the Legislative Auditor, in consultation with the Legislative Commission, pursuant to subsection 2 must undergo a review in accordance with sections 28 to 37, inclusive, of this act during the 2005-2006 interim.

      4.  After the initial reviews, the provisions of section 30 of this act regarding the selection of school districts for review apply.

      5.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 39.  NRS 391.160 is hereby amended to read as follows:

      391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

      2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

      (a) On or before January 31 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

      (b) The teacher is assigned by the school district to provide classroom instruction during that school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to a teacher who submits evidence of certification after January 31 of that school year. For the first school year that a teacher submits evidence of his current certification, the board of trustees of the school district to whom the evidence was submitted shall pay the increase in salary required by this subsection retroactively to the beginning of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

      3.  Each year when determining the salary of a person who is employed by a school district as a speech pathologist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

      (a) On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of his:

             (1) Licensure as a speech pathologist by the Board of Examiners for Audiology and Speech Pathology; and

             (2) Certification as being clinically competent in speech-language pathology by:

                   (I) The American Speech-Language-Hearing Association; or

                   (II) A successor organization to the American Speech-Language-Hearing Association that is recognized and determined to be acceptable by the Board of Examiners for Audiology and Speech Pathology; and

 


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ê2005 Statutes of Nevada, Page 2447 (Chapter 482, AB 580)ê

 

      (b) The employee is assigned by the school district to serve as a speech pathologist during the school year.

Ê No increase in salary may be given pursuant to this subsection during a particular school year to an employee who submits evidence of licensure and certification after September 15 of that school year. Once an employee has submitted evidence of such licensure and certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the employee may otherwise be entitled.

      4.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection [6:] 7:

      (a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment;

      (b) Give the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a); and

      (c) Place the teacher on the schedule of salaries of the school district in a classification that is commensurate with the level of education acquired by the teacher, as set forth in the applicable negotiated agreement with the present employer.

      [4.] 5.  A school district may give the credit required by subsection [3] 4 for previous teaching service earned in another state if the Commission has approved the standards for licensing teachers of that state. The Commission shall adopt regulations that establish the criteria by which the Commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the Commission has authorized reciprocal licensure of educational personnel from the state under consideration.

      [5.] 6.  In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection [6:] 7:

      (a) Give the administrator the same credit for previous administrative service as he was receiving from his former employer, at the end of his former employment;

      (b) Give the administrator credit for his final year of service with his former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

      (c) Place the administrator on the schedule of salaries of the school district in a classification that is comparable to the classification the administrator had attained on the schedule of salaries of his former employer.

      [6.] 7.  This section does not:

      (a) Require a school district to allow a teacher or administrator more credit for previous teaching or administrative service than the maximum credit for teaching or administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

      (b) Permit a school district to deny a teacher or administrator credit for his previous teaching or administrative service on the ground that the service differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

 


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ê2005 Statutes of Nevada, Page 2448 (Chapter 482, AB 580)ê

 

differs in kind from the teaching or administrative experience for which credit is otherwise given by the school district.

      [7.] 8.  As used in this section:

      (a) “Previous administrative service” means the total of:

             (1) Any period of administrative service for which an administrator received credit from his former employer at the beginning of his former employment; and

             (2) His period of administrative service in his former employment.

      (b) “Previous teaching service” means the total of:

             (1) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

             (2) His period of teaching service in his former employment.

      Sec. 40.  Notwithstanding the provisions of NRS 391.160, as amended by this act:

      1.  A speech pathologist who desires to receive an increase in salary for the 2005-2006 school year pursuant to subsection 3 of NRS 391.160, as amended by this act, may submit evidence of his licensure and certification not later than November 1, 2005.

      2.  If a speech pathologist:

      (a) Submits evidence of his licensure and certification on or before November 1, 2005; and

      (b) Satisfies the requirements of paragraph (b) of subsection 3 of NRS 391.160, as amended by this act,

Ê the board of trustees of the school district that employs the speech pathologist shall pay to the speech pathologist the increase in salary required by subsection 3 of NRS 391.160, as amended by this act, retroactively to the beginning of the 2005-2006 school year.

      Sec. 41.  1.  There is hereby appropriated from the State General Fund to the Department of Education a 5-percent increase to the salary of certain speech pathologists:

For the Fiscal Year 2005-2006..................................................... $533,337

For the Fiscal Year 2006-2007..................................................... $572,691

      2.  The Department of Education shall distribute the money appropriated to the school districts to assist the school districts with paying the 5-percent increase to the salary of certain speech pathologists. If the money from the appropriation is insufficient to pay the total costs of the increase, the school district shall pay the difference.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 42.  Chapter 412 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Patriot Relief Account is hereby created as a special account in the State General Fund.

      2.  The money in the Patriot Relief Account does not lapse to the State General Fund at the end of any fiscal year. The interest and income earned on the money in the Patriot Relief Account, after deducting any applicable charges, must be credited to the Account. All claims against the Patriot Relief Account must be paid as other claims against the State are paid.

      3.  The Office may accept gifts, grants and donations from any source for deposit in the Patriot Relief Account.

 


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ê2005 Statutes of Nevada, Page 2449 (Chapter 482, AB 580)ê

 

      4.  The money in the Patriot Relief Account may only be used to provide:

      (a) Reimbursement to members of the Nevada National Guard for the cost of:

             (1) Premiums on a policy of group life insurance purchased pursuant to the provisions of 38 U.S.C. §§ 1965 et seq.; and

             (2) Textbooks required for a course of study in which the member is enrolled at an institution within the University and Community College System of Nevada; and

      (b) Monetary relief from economic hardships experienced by members of the Nevada National Guard who have been called into active service.

      5.  The Adjutant General shall adopt any regulations necessary to determine eligibility for reimbursement or monetary relief from the Patriot Relief Fund and to carry out a program to provide such reimbursement and monetary relief.

      Sec. 43.  Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An officer or employee in the public service who performs active military service in the Armed Forces of the United States or any other category of persons designated by the President of the United States or the Governor of this State, including, without limitation, the Commissioned Corps of the United States Public Health Service, in time of war or emergency is entitled to civil leave with reduced pay for the period of such service.

      2.  The pay that an officer or employee is entitled to receive pursuant to this section is the difference between the pay that he would have otherwise received as an officer or employee and his pay for active military service. If his pay for active military service is greater than the pay that he would have otherwise received as an officer or employee, the officer or employee is not entitled to receive any additional pay pursuant to this section while he performs active military service.

      3.  As used in this section, “pay for active military service” means the base pay that a person receives for active military service as determined by the rank or grade of the person. The term does not include any other type of pay that a person may be entitled to receive for active military service, including, without limitation, imminent danger pay or family separation allowance.

      Sec. 44.  Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 45 and 46 of this act.

      Sec. 45.  In administering the provisions of NRS 372.325, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

      1.  A member of the Nevada National Guard who is engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5) and has been called into active service.

      2.  A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

      (a) Resides in the same home or dwelling in this State as the member; and

      (b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

 


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ê2005 Statutes of Nevada, Page 2450 (Chapter 482, AB 580)ê

 

      Sec. 46.  1.  A person who wishes to claim an exemption pursuant to section 45 of this act must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

      2.  If the Department determines that a person is eligible for the exemption provided pursuant to section 45 of this act, the Department shall issue a letter of exemption to the person. The letter of exemption expires on the date on which the person no longer meets the qualifications for eligibility.

      3.  To claim an exemption pursuant to section 45 of this act for the sale of tangible personal property to such a person:

      (a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

      (b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 47.  Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 48 and 49 of this act.

      Sec. 48.  In administering the provisions of NRS 374.330, the Department shall apply the exemption for the sale of tangible personal property to the State of Nevada, its unincorporated agencies and instrumentalities to include all tangible personal property that is sold to:

      1.  A member of the Nevada National Guard who is engaged in full-time National Guard duty, as defined in 10 U.S.C. § 101(d)(5) and has been called into active service.

      2.  A relative of a member of the Nevada National Guard eligible for the exemption pursuant to subsection 1 who:

      (a) Resides in the same home or dwelling in this State as the member; and

      (b) Is related by blood, adoption or marriage within the first degree of consanguinity or affinity to the member.

      Sec. 49.  1.  A person who wishes to claim an exemption pursuant to section 48 of this act must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department.

      2.  If the Department determines that a person is eligible for the exemption provided pursuant to section 48 of this act, the Department shall issue a letter of exemption to the person. The letter of exemption expires on the date on which the person no longer meets the qualifications for eligibility.

      3.  To claim an exemption pursuant to section 48 of this act, for the sale of tangible personal property to such a person:

      (a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

      (b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 50.  There is hereby appropriated from the State General Fund to the Patriot Relief Account created by section 42 of this act:

 


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ê2005 Statutes of Nevada, Page 2451 (Chapter 482, AB 580)ê

 

For the Fiscal Year 2005-2006..................................................... $500,000

For the Fiscal Year 2006-2007..................................................... $500,000

      Sec. 51.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall include in the State Plan for Medicaid a requirement that an independent foster care adolescent is eligible for Medicaid.

      2.  As used in this section, “independent foster care adolescent” means:

      (a) A person described in 42 U.S.C. § 1396d(w)(1), as that section existed on July 1, 2005; or

      (b) If the Director specifies a different category of adolescents in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XVII), as that section existed on July 1, 2005, a person who is within such a category.

      Sec. 52.  NRS 422.240 is hereby amended to read as follows:

      422.240  1.  Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and section 51 of this act, and 422.580, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and section 51 of this act, and 422.580 must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      Sec. 53.  1.  There is hereby appropriated from the State General Fund to the following divisions of the Department of Human Resources to carry out the provisions of sections 51 and 52 of this act:

 

      Division of Health Care Financing and Policy

For the Fiscal Year 2005-2006.................................................... $91,616

For the Fiscal Year 2006-2007................................................. $285,761

      Welfare Division

For the Fiscal Year 2005-2006.................................................... $86,890

For the Fiscal Year 2006-2007.................................................... $32,711

      Division of Child and Family Services

For the Fiscal Year 2005-2006.................................................... $35,727

For the Fiscal Year 2006-2007...................................................... $4,722

 

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      3.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during the fiscal years beginning July 1, 2005, and ending June 30, 2006, and beginning July 1, 2006, and ending June 30, 2007, by the following divisions of the Department of Human Resources:

 


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ê2005 Statutes of Nevada, Page 2452 (Chapter 482, AB 580)ê

 

                                                                                            2005-2006      2006-2007

Division of Health Care Financing and Policy $112,202         $338,989

Welfare Division..................................................... $86,890           $32,711

Division of Child and Family Services................ $31,153              $4,722

      Sec. 54.  Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created in the State General Fund the Account for the Control of Weeds to be administered by the Director. Money in the Account must be used for the abatement of weeds. The Director may adopt regulations for the administration of the Account.

      2.  The Account is a continuing account without reversion to the State General Fund. The money in the Account must be invested as the money in other state funds or accounts is invested. The interest and income earned on the money in the Account, after deducting any appropriate charges, must be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.

      3.  The Director may accept gifts, grants and donations from any source for deposit in the Account.

      Sec. 55.  There is hereby appropriated from the State General Fund to the Account for the Control of Weeds created by section 54 of this act the sum of $100,000.

      Sec. 56.  1.  There is hereby appropriated from the State General Fund to the Department of Education for the Fiscal Year 2006-2007 for the support of nonprofit public broadcasting stations in Nevada whose programs are devoted primarily to serving the educational, informational and cultural needs of Nevada the sum of $300,000.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 57.  There is hereby appropriated from the State General Fund to the Department of Education for the purchase of portable classrooms for the provision of full-day kindergarten the sum of $4,745,500.

      Sec. 58.  There is hereby appropriated from the State General Fund to the Department of Education for the purchase of portable classrooms for the provision of full-day kindergarten the sum of $2,650,000.

      Sec. 59.  1.  The Department of Education shall distribute the money appropriated in sections 57 and 58 of this act to school districts for the purchase of the necessary school facilities to provide full-day kindergarten in the 2006-2007 school year. The Clark County School District is not eligible to receive a distribution of money pursuant to this subsection.

      2.  Any remaining balance of the appropriation made by section 57 or 58 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 60.  1.  There is hereby appropriated from the State General Fund to the Women’s Research Institute of Nevada at the University of Nevada, Las Vegas:

For the Fiscal Year 2005-2006..................................................... $150,000

For the Fiscal Year 2006-2007..................................................... $150,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

 


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ê2005 Statutes of Nevada, Page 2453 (Chapter 482, AB 580)ê

 

after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 61.  1.  There is hereby appropriated from the State General Fund to the Division of State Library and Archives of the Department of Cultural Affairs for grants to local libraries for library collections:

For the Fiscal Year 2005-2006..................................................... $600,000

For the Fiscal Year 2006-2007..................................................... $600,000

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 62.  1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $175,000 for distribution to school districts that establish pilot programs in accordance with section 63 of this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 63.  1.  The Department of Education shall:

      (a) Prescribe the form for an application to establish a pilot program to teach the English language to children who have limited proficiency in the English language during the summer before they attend kindergarten;

      (b) Prescribe the criteria for the selection of school districts to establish a pilot program; and

      (c) Develop a uniform method for evaluation of the pilot programs that provides a longitudinal analysis of statistical data.

      2.  A school district that wishes to establish a pilot program to teach the English language to children who have limited proficiency in the English language during the summer before they attend kindergarten shall:

      (a) On or before October 1, 2005, submit to the Department of Education an application on the form prescribed by the Department pursuant to subsection 1;

      (b) Submit proof to the Department that the school district has obtained matching money from a private source to combine with the money provided by the Department; and

      (c) Agree to participate in the longitudinal evaluation of the pilot programs developed by the Department pursuant to subsection 1.

      3.  An application submitted pursuant to subsection 2 must contain a plan for a pilot program. Such a plan must:

      (a) Contain an estimate of the number of children who will be enrolled in the program.

      (b) Set forth the manner in which the children will be screened for participation in the pilot program. For each student that will participate in the pilot program, all prekindergarten children who are determined to have limited proficiency in the English language, who speak a common language and who will be enrolled in kindergarten at the school in the fall of 2006, must be enrolled in the same class for the pilot program, unless fewer than 10 such children speak a common language.

      (c) Ensure that each class taught in the pilot program includes at least one teacher and one paraprofessional, at least one of whom must speak, read and write both the English language and the primary language of the children enrolled in the class.

 


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ê2005 Statutes of Nevada, Page 2454 (Chapter 482, AB 580)ê

 

and write both the English language and the primary language of the children enrolled in the class.

      4.  The Department shall not approve an application submitted pursuant to subsection 2 if the applicant has not received matching money from a private source.

      5.  On or before December 1, 2005, the Department of Education shall make grants of money from the appropriation made by section 62 of this act as follows:

      (a) If the Department approves an application submitted by the Clark County School District, $100,000 to the School District to carry out the pilot program before the beginning of the 2006-2007 school year.

      (b) If the Department approves an application submitted by the Washoe County School District, $50,000 to the School District to carry out the pilot program before the beginning of the 2006-2007 school year.

      (c) If the Department approves applications submitted by school districts other than the Clark County School District and Washoe County School District, the Department shall distribute the amount of money remaining from the appropriation made by section 62 of this act to those school districts. The grants of money made to each school district pursuant to this paragraph must be distributed proportionately among the school districts based upon the number of children who are estimated to participate in the pilot program in each school district. A school district that receives a grant of money pursuant to this paragraph shall use the money to carry out the approved pilot program before the beginning of the 2006-2007 school year.

      6.  For each school district whose application is approved, the school district shall distribute $1,000 to each school that will participate in the pilot program to promote parental involvement with the parents and legal guardians of children enrolled in the program. The money may be used by a school, without limitation, for the purchase of translating materials for the parents and guardians and providing training to the staff and parents and guardians on effective methods to communicate with school personnel and other methods designed to promote effective involvement by parents and guardians in the education of their children.

      7.  A school district that establishes a pilot program:

      (a) Is responsible for all costs associated with the building, maintenance, utilities, administration and supplies for the pilot program offered at a school within the district.

      (b) Shall submit an evaluation of the pilot program on or before November 1, 2006, to the Department of Education in a format required by the Department.

      8.  On or before February 1, 2007, the Department of Education shall submit a report to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature. The report must include, without limitation:

      (a) The name of each school district that received a grant of money pursuant to subsection 5 and the amount of each grant;

      (b) A compilation of the evaluations submitted by each school district that established a pilot program;

      (c) An evaluation of the pilot programs, including, without limitation, the effect of the programs on the achievement and proficiency in the English language of the children enrolled in the program; and

      (d) Any recommendations for legislation relating to the pilot programs.

 


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ê2005 Statutes of Nevada, Page 2455 (Chapter 482, AB 580)ê

 

      Sec. 64.  1.  There is hereby appropriated from the State General Fund to the Department of Education for pilot programs for alternative programs of education for disruptive pupils established pursuant to section 65 of this act:

For the Fiscal Year 2005-2006..................................................... $500,000

For the Fiscal Year 2006-2007..................................................... $500,000

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 65.  1.  The Superintendent of Public Instruction shall prescribe:

      (a) The form for an application to establish a pilot program for an alternative program of education for disruptive pupils; and

      (b) Criteria for the selection of schools to establish such a pilot program.

      2.  A public school in this State may submit an application to the Department of Education to establish a pilot program pursuant to this section. Such an application must include an estimate of the costs of establishing a program. If a school is selected to establish a pilot program, the school will receive a grant of money from the appropriation made by section 64 of this act to carry out a program in an amount based upon the estimated costs of establishing the program.

      3.  A pilot program established pursuant to this section must:

      (a) Comply with NRS 392.4642 to 392.4648, inclusive;

      (b) Be provided in a setting outside the regular classroom of the pupil;

      (c) Ensure that pupils who are participating in the program are separated from pupils who are not participating in the program;

      (d) Provide supervision of and counseling to pupils who participate in the program;

      (e) Provide and emphasize instruction in English language arts, mathematics, science and history, as appropriate to the grade level of the pupils participating in the program;

      (f) Provide and emphasize training in self-discipline;

      (g) Provide for a transitional stage between in-school or in-home suspension and regular school activities; and

      (h) Include an evaluation phase based on the collection of data to measure the effectiveness of the program.

      4.  A pilot program established pursuant to this section may:

      (a) Be located on the grounds of the school or at another location.

      (b) Include programs that:

             (1) Use innovative instructional, counseling or disciplinary concepts.

             (2) Encourage the effective involvement of the parents and legal guardians of pupils who are participating in the program.

      (c) Provide instructional and other services to pupils through the existing staff at a public school or from other personnel, or any combination thereof.

      5.  On or before October 1, 2006, the schools that establish a pilot program pursuant to this section shall submit a report to the Department of Education for the period ending September 1, 2006, that includes:

      (a) The manner in which the pilot program was carried out;

      (b) The number of pupils who participated in the program;

      (c) The expenditures made by the school for the program;

      (d) The number of disciplinary referrals, suspensions and expulsions that occurred at the school before and after the establishment of the program; and

 


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ê2005 Statutes of Nevada, Page 2456 (Chapter 482, AB 580)ê

 

      (e) An analysis of the academic achievement and performance of the pupils before and after the pupils participated in the program.

      6.  The Department of Education shall evaluate the effectiveness of the pilot programs established pursuant to this section based on the reports submitted by the schools pursuant to subsection 5. In addition, the Department shall solicit and analyze data from schools that did not establish pilot programs pursuant to this section but have established alternative programs of education for disruptive pupils. The Department may spend not more than $10,000 of the amount appropriated pursuant to section 64 of this act during the Fiscal Years 2005-2007 to hire a contractor to assist with the evaluation.

      7.  On or before December 1, 2006, the Department of Education shall submit a report of its findings to the Legislative Committee on Education created pursuant to NRS 218.5352.

      8.  On or before February 1, 2007, the Department of Education shall submit a final report of its findings to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      Sec. 66.  1.  There is hereby appropriated from the State General Fund to the Department of Administration for allocation to the Las Vegas-Clark County Library District Foundation, Inc., the sum of $200,000 for the establishment of a “Homework Help Center” at the West Las Vegas Library.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 67.  1.  There is hereby appropriated from the State General Fund to the Department of Administration for allocation to the M2 Foundation for Kids in this State the sum of $200,000 for enhancing educational programs for children.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 68.  Upon acceptance of the money appropriated by section 66 or 67 of this act, the Las Vegas-Clark County Library District Foundation, Inc., and the M2 Foundation for Kids, respectively, shall:

      1.  Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Las Vegas-Clark County Library District Foundation, Inc., or the M2 Foundation for Kids through December 1, 2006; and

      2.  Upon request of the Legislative Commission, make available to the Legislative Auditor any books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, and regardless of their form or location, which the Legislative Auditor deems necessary to conduct any audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 69.  1.  There is hereby appropriated from the State General Fund to the Department of Education for grants of money to school districts that adopt a program of performance pay and enhanced compensation for the recruitment, retention and mentoring of licensed personnel pursuant to this section:

For the Fiscal Year 2005-2006................................................. $5,000,000

For the Fiscal Year 2006-2007................................................. $5,000,000

 


…………………………………………………………………………………………………………………

ê2005 Statutes of Nevada, Page 2457 (Chapter 482, AB 580)ê

 

      2.  To receive a grant of money, the board of trustees of a school district may submit an application to the Department of Education that:

      (a) Sets forth a program of performance pay and enhanced compensation for the recruitment, retention and mentoring of licensed personnel adopted by the school district and negotiated pursuant to chapter 288 of NRS, which includes one or more of the following components:

             (1) Skills-based pay pursuant to which licensed employees develop certain skills verified through licensure, certification or some other method.

             (2) A “career ladder” program, pursuant to which licensed employees who perform at or above specified standards receive an increase in compensation. Each step requires additional growth, professional development, expertise and additional responsibilities, including, without limitation, mentoring.

             (3) A program for the mentoring of teachers that provides for the payment of increased compensation for mentor teachers and that includes criteria for the selection of mentor teachers and teachers who will be mentored.

             (4) Market-based pay, pursuant to which one-time bonuses are paid to retain licensed employees who provide instruction in high-need subject areas such as mathematics, science and special education and to retain licensed employees who teach in at-risk schools.

             (5) The payment of signing bonuses and other financial incentives for licensed employees who:

                   (I) Are newly hired by the school district and have been employed by the school district for at least 30 days; and

                   (II) Have not been previously employed by a school district in this State.

             (6) The payment of bonuses to licensed employees based upon the attainment of specified standards of achievement by pupils.

             (7) Notwithstanding the provisions of NRS 391.165 to the contrary, the payment to licensed employees of the cost of purchasing service pursuant to subsection 2 of NRS 286.300 or the payment of equivalent financial incentives. If a school district makes payments pursuant to this subparagraph, it shall be deemed to have complied with NRS 391.165 on behalf of each employee who is otherwise eligible for the purchase of service pursuant to that section for each year of the 2005-2007 biennium that the school district makes payments pursuant to this subparagraph.

      (b) Includes the amount of money necessary to pay the enhanced compensation pursuant to the program.

      (c) Includes the number of licensed employees who are estimated to be eligible for enhanced compensation pursuant to the program.

      3.  To the extent money is available from the appropriation made by subsection 1, the Department of Education shall provide grants of money to school districts with approved applications based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program, the money from the appropriation must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district with an approved application.

      4.  The Department of Education shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section.

 


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ê2005 Statutes of Nevada, Page 2458 (Chapter 482, AB 580)ê

 

formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1, 2005, and include, without limitation, the following factors:

      (a) The percentage of pupils who are eligible for free or reduced price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) The transiency rate of pupils;

      (c) The percentage of pupils who are limited English proficient;

      (d) The percentage of pupils who have individualized education programs;

      (e) The percentage of pupils who score in the bottom two quarters on the mathematics portion or the reading portion, or both, of the high school proficiency examination; and

      (f) The percentage of pupils who drop out of high school before graduation.

      5.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining qualified licensed personnel. On or before February 1, 2007, the board of trustees shall submit a report of its evaluation and any recommendations to the:

      (a) State Board of Education.

      (b) Department of Education.

      (c) Legislative Committee on Education.

      (d) Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      6.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 70.  1.  There is hereby appropriated from the State General Fund to Clark County the sum of $175,000 for operating expenses to launch a pilot project that will provide a discounted medical services for uninsured working residents of Clark County.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 71.  1.  There is hereby appropriated from the State General Fund to the Clark County Public Education Foundation, Inc., the sum of $250,000 for new programs and the expansion of outreach efforts.

      2.  Upon acceptance of the money appropriated by subsection 1, the Clark County Public Education Foundation, Inc., shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Clark County Public Education Foundation, Inc., through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise of the Clark County Public Education Foundation, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

 


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ê2005 Statutes of Nevada, Page 2459 (Chapter 482, AB 580)ê

 

the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 72.  1.  There is hereby appropriated from the State General Fund to the Washoe County School District Educational Foundation, Inc., the sum of $150,000 for new programs and the expansion of outreach efforts.

      2.  Upon acceptance of the money appropriated by subsection 1, the Washoe County School District Educational Foundation, Inc., shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Washoe County School District Educational Foundation, Inc., through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise of the Washoe County School District Educational Foundation, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 73.  1.  Notwithstanding the provisions of subsection 6 of NRS 389.015 to the contrary, the Department of Education shall:

      (a) On or before September 1, 2005, release one form of the mathematics portion of the high school proficiency examination; and

      (b) On or before May 1, 2006, release one form of the reading portion of the high school proficiency examination.

Ê Each form that is released must be obtained from a current version of the high school proficiency examination that was administered to pupils enrolled in public schools who are scheduled to graduate in the spring semester of 2006.

      2.  The Department of Education shall provide for the public dissemination of the examinations that are released pursuant to subsection 1 by:

      (a) Posting a copy of the released examinations on the Internet website maintained by the Department;

      (b) Providing copies of the released examinations to the board of trustees of each school district and the governing body of each charter school;

      (c) Providing notice of the availability of the released examinations to at least one newspaper in each county of this State that is of general circulation in that county; and

      (d) Providing copies of the released examinations upon request.

      3.  The board of trustees of each school district and the governing body of each charter school shall ensure that pupils enrolled in the school district or charter school, the parents and guardians of those pupils and the educational personnel employed by the school district or charter school have sufficient notice concerning the availability of the released examinations. Upon the request of a pupil, parent, legal guardian, employee or member of the general public, the school district or charter school, as applicable, shall provide a copy of the released examinations.

 


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ê2005 Statutes of Nevada, Page 2460 (Chapter 482, AB 580)ê

 

the general public, the school district or charter school, as applicable, shall provide a copy of the released examinations.

      Sec. 74.  1.  The following sums are hereby appropriated from the State General Fund to the Department of Education for the development of examinations to replace the examinations that are released pursuant to section 73 of this act:

      (a) For the mathematics portion, $161,500.

      (b) For the reading portion, $185,000.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 75.  1.  On or before September 1, 2005, the Legislative Commission shall enter into a contract with a qualified, independent consultant to carry out the duties set forth in this section, including reviewing, evaluating, receiving and investigating complaints that are filed by or on behalf of any child concerning the health, safety, welfare, or civil or other rights of a child who is under the care of a governmental entity or private facility, and to prepare a written report as required pursuant to section 2 of this act.

      2.  The independent consultant to whom the contract is awarded pursuant to subsection 1 shall:

      (a) Receive and review copies of all guidelines used by governmental entities and private facilities concerning the health, safety, welfare, civil rights and treatment of children;

      (b) Receive and review copies of and investigate complaints that are filed by any child or any other person on behalf of a child who is under the care of a governmental entity or private facility concerning the health, safety, welfare, or civil or other rights of the child during the period of the contract with the consultant;

      (c) Perform unannounced site visits and on-site inspections of governmental and private facilities;

      (d) Review reports and other documents prepared by governmental entities and private facilities concerning the disposition of any complaints which were filed by a child or any other person on behalf of a child concerning the health, safety, welfare, or civil or other rights of the child for the period beginning January 1, 2000, and ending on September 30, 2006;

      (e) Review practices, policies and procedures of governmental entities and private facilities for filing and investigating complaints made by a child under their care or by any other person on behalf of such a child concerning the health, safety, welfare, or civil or other rights of the child; and

      (f) Perform such other duties as directed by the subcommittee appointed pursuant to section 2 of this act.

      3.  Each governmental entity and private facility shall:

      (a) Cooperate fully with the consultant to whom the contract is awarded pursuant to subsection 1;

      (b) Allow the consultant to enter the governmental entity or private facility, as applicable, and any area within the entity or facility with or without prior notice;

      (c) Allow the consultant to interview children and staff;

      (d) Allow the consultant to inspect, review and copy any records, reports and other documents relevant to the duties of the consultant;      (e) Post information in a conspicuous place within the governmental entity or private facility, as applicable, concerning the role of the consultant to whom a contract is awarded pursuant to subsection 1 and the manner in which a child or other person may contact the consultant to file a complaint or provide other information; and

 

 


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ê2005 Statutes of Nevada, Page 2461 (Chapter 482, AB 580)ê

 

      (e) Post information in a conspicuous place within the governmental entity or private facility, as applicable, concerning the role of the consultant to whom a contract is awarded pursuant to subsection 1 and the manner in which a child or other person may contact the consultant to file a complaint or provide other information; and

      (f) Forward to the consultant copies of any complaint that is filed by a child under the care of a governmental entity or private facility or by any other person on behalf of such a child concerning the health, safety, welfare, or civil or other rights of the child during the period beginning September 1, 2005, and ending on September 30, 2006.

      4.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Governmental entity” includes, without limitation, a local, regional or state facility for the detention of children, a public agency or institution authorized to care for children, a treatment facility of the Division of Child and Family Services of the Department of Human Resources which provides services for the mental health of children pursuant to NRS 433B.310, any other governmental agency, facility or institution which has physical custody of children pursuant to an order of a court of competent jurisdiction and a public entity which provides care and supervision of children. The term does not include a foster home.

      (c) “Local facility for the detention of children” has the meaning ascribed to it in NRS 62A.190.

      (d) “Private facility” means a private agency, facility or institution licensed by the Department of Human Resources or a county which has physical custody of children pursuant to any order of a court of competent jurisdiction and which receives funding from a state or local government. The term does not include a foster home.

      (e) “Regional facility for the detention of children” has the meaning ascribed to it in NRS 62A.280.

      (f) “State facility for the detention of children” has the meaning ascribed to it in NRS 62A.330.

      Sec. 76.  1.  The Legislative Commission shall appoint a subcommittee to oversee the independent consultant to whom the contract is awarded pursuant to section 2 of this act.

      2.  The independent consultant shall provide to the subcommittee periodic reports of his activities at least quarterly and at such other times as may be requested by the subcommittee.

      3.  On or before December 15, 2006, the independent consultant shall submit a final written report to the subcommittee which must include:

      (a) A description of the work that the consultant has completed;

      (b) A summary of the information that the consultant has compiled;

      (c) An analysis of the health, safety, welfare, and civil and other rights of children placed under the care of governmental entities and private facilities in this State;

      (d) Any conclusions and recommendations of the consultant; and

      (e) Such other information as directed by the subcommittee.

      4.  The Director of the Legislative Counsel Bureau shall provide such staff and other support as is necessary for the subcommittee to perform its duty.

 


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ê2005 Statutes of Nevada, Page 2462 (Chapter 482, AB 580)ê

 

      5.  Upon acceptance of the final report, the subcommittee shall forward a copy of the final report of the consultant to the Legislative Commission. On or before February 5, 2007, the Legislative Commission shall submit a copy of the final written report and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

      Sec. 77.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218.085 the sum of $200,000 for use by the Legislative Commission to contract with a qualified, independent consultant to conduct the evaluation and review described in sections 75 and 76 of this act.

      Sec. 78.  There is hereby appropriated from the State General Fund to the Health Division of the Department of Human Resources the sum of $250,000 for a power generator for the bioterrorism laboratory in Nevada.

      Sec. 79.  Any remaining balance of the appropriation made by section 78 of this act must not be committed for expenditure after June 30, 2007, and must be reverted to the State General Fund on or before September 21, 2007.

      Sec. 80.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $4,000,000 for allocation to the School of Medicine of the Nevada System of Higher Education for expenses relating to architectural design, engineering and construction of an academic Medical Center with an organ transplant center located in Clark County.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      Sec. 81.  1.  There is hereby appropriated from the State General Fund to Clark County for capital projects designed to assist homeless persons, including, without limitation, the construction of restrooms, showers and storage facilities as well as case management and intervention services:

For the Fiscal Year 2005-2006.............................................. $2,000,000

For the Fiscal Year 2006-2007.............................................. $2,000,000

      2.  Any balance of the sums appropriated by section 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      3.  Upon acceptance of the money appropriated by subsection 1, Clark County shall:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 15, 2006, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Clark County through December 1, 2006; and

      (b) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims reports, vouchers or other records of information, confidential or otherwise, of Clark County, irrespective of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 82.  1.  There is hereby appropriated from the State General Fund to the Department of Education to establish advisory technical skills committees and to provide for the support of career and technical educational programs:

 


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ê2005 Statutes of Nevada, Page 2463 (Chapter 482, AB 580)ê

 

Fiscal Year 2005-2006............................................................... $1,000,000

Fiscal Year 2006-2007............................................................... $1,000,000

      2.  If the board of trustees of a school district or a charter school has established a program of career and technical education pursuant to NRS 388.380, the Department shall provide grants of money to school districts or charter schools to establish technical skills advisory committees that are to review the curriculum, design, content and operation of the program of career and technical education to determine its effectiveness.

      3.  The Department shall provide grants of money to establish, maintain, and expand programs of career and technical education.

      4.  The Department shall:

      (a) Develop an application form for the grants;

      (b) Establish criteria for grants of money to school districts and charter schools;

      (c) Make determinations regarding the grants of money based upon recommendations of the advisory technical skills committee established by the school district or charter school, if applicable; and

      (d) Allocate money to school districts and charter schools based upon the total unduplicated enrollment of pupils in all career and technical education classes in that school district or charter school during the immediately preceding school year. Notwithstanding the provision of this paragraph, the Department may establish a minimum allocation for a school district located in a county whose population is less than 50,000.

      5.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 15, 2006, and September 21, 2007, respectively.

      Sec. 83.  The appropriations made by the provisions of this act are not intended to finance ongoing expenditures of state agencies and the expenditures financed with those appropriations must not be included as base budget expenditures in the proposed budget for the Executive Branch of State Government for the 2007-2009 biennium.

      Sec. 84.  1.  This section and sections 2, 3, 23, 24, 27 to 38, inclusive, 57, 59, 66, 67, 68, 71, 72, 75 to 77, inclusive, and 83 of this act become effective upon passage and approval.

      2.  Section 69 of this act becomes effective upon passage and approval for the purpose of developing a formula defining at-risk schools and on July 1, 2005, for all other purposes.

      3.  Sections 1, 4 to 22, inclusive, 25, 26, 39 to 56, inclusive, 58, 60, 61, 62 to 65, inclusive, 70, 73, 74 and 78 to 82, inclusive, of this act become effective on July 1, 2005.

      4.  Policy changes implemented in this act may be continued to the extent that money is available from the State or Federal Government or other sources.

________

 

 


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ê2005 Statutes of Nevada, Page 2464ê

 

CHAPTER 483, AB 380

Assembly Bill No. 380–Assemblymen Parks and Giunchigliani

 

CHAPTER 483

 

AN ACT relating to district boards of health; revising the composition and duties of district boards of health in larger counties; requiring the board of county commissioners of larger counties to allocate funding for the support of the health district; and providing other matters properly relating thereto.

 

[Approved: June 17, 2005]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  The provisions of NRS 439.370 to 439.410, inclusive, apply to a county whose population is less than 400,000.

      Sec. 3.  The provisions of sections 4 to 10, inclusive, of this act apply to a county whose population is 400,000 or more.

      Sec. 4.  1.  A health district with a health department consisting of a district health officer and a district board of health is hereby created.

      2.  The district board of health consists of:

      (a) Representatives selected by the following entities from among their elected members:

             (1) Two representatives of the board of county commissioners;

             (2) Two representatives of the governing body of the largest incorporated city in the county; and

             (3) One representative of the governing body of each other city in the county; and

      (b) The following representatives, selected by the elected representatives of the district board of health selected pursuant to paragraph (a), who shall represent the health district at large and who must be selected based on their qualifications without regard to the location within the health district of their residence or their place of employment:

             (1) Two representatives who are physicians licensed to practice medicine in this State, one of whom is selected on the basis of his education, training, experience or demonstrated abilities in the provision of health care services to members of minority groups and other medically underserved populations;

             (2) One representative who is a nurse licensed to practice nursing in this State;

             (3) One representative who has a background or expertise in environmental health or environmental health services; and

             (4) One representative of a business or from an industry that is subject to regulation by the health district.

      3.  Members of the district board of health serve terms of 2 years. Vacancies must be filled in the same manner as the original selection for the remainder of the unexpired term. Members serve without additional compensation for their services, but are entitled to reimbursement for necessary expenses for attending meetings or otherwise engaging in the business of the board.

 


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ê2005 Statutes of Nevada, Page 2465 (Chapter 483, AB 380)ê

 

necessary expenses for attending meetings or otherwise engaging in the business of the board.

      4.  The district board of health shall meet in July of each year to organize and elect one of its members as chairman of the board.

      5.  The county treasurer is the treasurer of the district board of health. The treasurer shall:

      (a) Keep permanent accounts of all money received by, disbursed for and on behalf of the district board of health; and

      (b) Administer the health district fund created by the board of county commissioners pursuant to section 6 of this act.

      6.  The district board of health shall maintain records of all of its proceedings and minutes of all meetings, which must be open to inspection.

      7.  No county, city or town board of health may be created in the county. Any county, city or town board of health in existence when the district board of health is created must be abolished.

      Sec. 5.  1.  The district board of health may meet at such times and in such locations as the board determines by resolution.

      2.  Special meetings may be held upon notice to each member of the district board of health as often as and in such places within the county as the needs of the board require.

      3.  A majority of the members of the district board of health constitutes a quorum.

      4.  The district board of health shall adopt written policies and procedures for administering the board and maintaining its programs, projects and activities.

      Sec. 6.  1.  The board of county commissioners shall create a health district fund in the county treasury.

      2.  The money in the fund may only be used to provide funding for the health district.

      Sec. 7.  1.  The district board of health shall prepare an annual operating budget for the health district. The district board of health shall submit the budget to the board of county commissioners before April 1 for funding for the following fiscal year. The budget must be adopted by the board of county commissioners as part of the annual county budget.

      2.  The board of county commissioners shall annually allocate for the support of the health district an amount that does not exceed an amount calculated by multiplying the assessed valuation of all taxable property in the county by the rate of 3.5 cents on each $100 of assessed valuation. The amount allocated pursuant to this subsection must be transferred from the county general fund to the health district fund created by the board of county commissioners pursuant to section 6 of this act.

      Sec. 8.  1.  The district board of health shall appoint a district health officer for the health district who shall have full authority as a county health officer in the health district.

      2.  The district health officer must:

      (a) Be licensed to practice medicine or osteopathic medicine in this State; and

      (b) Have at least the following additional education and experience:

             (1) A master’s degree in public health, health care administration, public administration, business administration or a related field; and

 


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ê2005 Statutes of Nevada, Page 2466 (Chapter 483, AB 380)ê

 

             (2) Ten years of management experience in an administrative position in a local, state or national public health department, program, organization or agency.

      3.  The district health officer is entitled to receive a salary fixed by the district board of health and serves at the pleasure of the board.

      4.  Any clinical program of a district board of health which requires medical assessment must be carried out under the direction of a physician.

      Sec. 9.  1.  The district board of health has the powers, duties and authority of a county board of health in the health district.

      2.  The district health department has jurisdiction over all public health matters in the health district.

      3.  In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

      (a) Prevent and control nuisances;

      (b) Regulate sanitation and sanitary practices in the interests of the public health;

      (c) Provide for the sanitary protection of water and food supplies;

      (d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district; and

      (e) Improve the quality of health care services for members of minority groups and medically underserved populations.

      4.  Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

      (a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which interested persons may present their views thereon;

      (b) State each address at which the text of the proposal may be inspected and copied; and

      (c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.

      5.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.

      6.  The district board of health shall file a copy of all of its adopted regulations with the county clerk.

      Sec. 10.  1.  The district board of health may:

      (a) Receive and disburse federal money;

      (b) Submit project applications and programs of projects to federal agencies; and

      (c) Enter into formal agreements with federal agencies concerning projects and programs.

 


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ê2005 Statutes of Nevada, Page 2467 (Chapter 483, AB 380)ê

 

      2.  The district board of health may accept and disburse contributions from private sources, the State, the county, and the cities and towns within the jurisdiction of the board to match federal money for any project or program. All such contributions must be deposited with the county treasurer to the credit of the health district fund created by the board of county commissioners pursuant to section 6 of this act.

      Sec. 11.  NRS 439.410 is hereby amended to read as follows:

      439.410  1.  The district board of health has the powers, duties and authority of a county board of health in the health district.

      2.  The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS . [in a county whose population is less than 400,000.]

      3.  In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

      (a) Prevent and control nuisances;

      (b) Regulate sanitation and sanitary practices in the interests of the public health;

      (c) Provide for the sanitary protection of water and food supplies; and

      (d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.

      4.  Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

      (a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which [,] interested persons may present their views thereon.

      (b) State each address at which the text of the proposal may be inspected and copied.

      (c) Be mailed to all persons who have requested in writing that they be placed [upon] on a mailing list, which must be kept by the district board for such purpose.

      5.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.

      6.  Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.

      Sec. 12.  NRS 439.580 is hereby amended to read as follows:

      439.580  1.  Any local health officer or his deputy who neglects or fails to enforce the provisions of this chapter in his jurisdiction, or neglects or refuses to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the Health Division shall be punished by a fine of not more than $250.

 


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ê2005 Statutes of Nevada, Page 2468 (Chapter 483, AB 380)ê

 

      2.  Each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.410 and 439.460 or section 9 of this act is guilty of a misdemeanor.

      Sec. 13.  NRS 444.495 is hereby amended to read as follows:

      444.495  “Solid waste management authority” means:

      1.  The district board of health in any area in which a health district has been created pursuant to NRS 439.370 or section 4 of this act and in any area over which the board has authority pursuant to an interlocal agreement, if the board has adopted all regulations that are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive.

      2.  In all other areas of the State, the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 14.  NRS 444.510 is hereby amended to read as follows:

      444.510  1.  The governing body of every municipality or district board of health created pursuant to NRS 439.370 or section 4 of this act shall develop a plan to provide for a solid waste management system which adequately provides for the management and disposal of solid waste within the boundaries of the municipality or within the area to be served by the system, whether generated within or outside of the boundaries of the area.

      2.  The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.

      3.  Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to carry out or develop portions of the plan provided for in subsection 1, or both, and to provide a solid waste management system, or any part thereof.

      4.  Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 or section 4 of this act must be submitted to the State Department of Conservation and Natural Resources for approval according to a schedule established by the State Environmental Commission. No action may be taken by that governing body or district board of health until the plan has been approved. The Department shall determine the adequacy of the plan within 90 days after receiving the plan. If the Department does not respond to the plan within 90 days, the plan shall be deemed approved and becomes effective immediately.

      5.  An approved plan remains in effect until the plan is revised and the revised plan is approved. A plan must not conflict with the statewide plan adopted by the State Environmental Commission pursuant to NRS 444.570. Plans must be revised to reflect proposed changes in the solid waste management system, and changes in applicable regulations.

      Sec. 15.  NRS 444.558 is hereby amended to read as follows:

      444.558  1.  The State Environmental Commission and the district board of health of a health district created pursuant to NRS 439.370 or section 4 of this act shall, in a timely manner, adopt all regulations that are necessary to establish and carry out a program of issuing permits for municipal solid waste landfills. The program must ensure compliance with the Resource Conservation and Recovery Act of 1976, Subtitle D, 42 U.S.C. §§ 6941 et seq., and the regulations adopted pursuant thereto, and carry out the purpose and intent of this section.

 


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ê2005 Statutes of Nevada, Page 2469 (Chapter 483, AB 380)ê

 

      2.  The regulations adopted by a district board of health pursuant to this section must not conflict with regulations adopted by the State Environmental Commission.

      Sec. 16.  NRS 444.580 is hereby amended to read as follows:

      444.580  1.  Any district board of health created pursuant to NRS 439.370 or section 4 of this act and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission , and any district board of health may issue permits thereunder.

      2.  Any district board of health created pursuant to NRS 439.370 or section 4 of this act may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive. Such regulations must not conflict with regulations adopted by the State Environmental Commission.

      Sec. 17.  NRS 444.590 is hereby amended to read as follows:

      444.590  1.  The State Department of Conservation and Natural Resources is hereby designated the state agency for such purposes as are required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6941 et seq., except that:

      (a) The State Environmental Commission has the exclusive authority to adopt regulations pursuant to NRS 444.440 to 444.620, inclusive; and

      (b) The district boards of health of health districts created pursuant to NRS 439.370 or section 4 of this act retain the authority to issue permits and adopt regulations pursuant to NRS 444.580.

      2.  The State Department of Conservation and Natural Resources may take any action necessary and appropriate to secure the benefits of any federal law relating to solid waste.

      Sec. 18.  NRS 444.605 is hereby amended to read as follows:

      444.605  1.  In carrying out the provisions of NRS 444.440 to 444.620, inclusive, the State Environmental Commission, a district board of health of a health district created pursuant to NRS 439.370 [,] or section 4 of this act, and a solid waste management authority may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      2.  If any person to whom a subpoena has been directed pursuant to subsection 1 refuses to attend, testify or produce any evidence specified in the subpoena, the person who issued the subpoena may present a petition, to a court of competent jurisdiction where the person to whom the subpoena was directed is subject to service of process, setting forth that:

      (a) Notice has been given of the time and place at which the person was required to attend, testify or produce evidence;

      (b) A subpoena has been mailed to or personally served on the witness or custodian of the evidence in sufficient time to enable him to comply with its provisions; and

      (c) The person has failed or refused to attend, answer questions or produce evidence specified in the subpoena,

Ê and asking that the court issue an order compelling the person to attend and to testify or produce the evidence specified in the subpoena.

      3.  When a court receives a petition pursuant to subsection 2, it shall order the person to whom the subpoena was directed to appear at a time and place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt.

 


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ê2005 Statutes of Nevada, Page 2470 (Chapter 483, AB 380)ê

 

place fixed by the court in its order, which must be not more than 10 days after the date of the order, and show cause why he should not be held in contempt. A certified copy of the order must be mailed to or personally served on the person to whom the subpoena was directed.

      4.  If it appears to the court that the subpoena was properly issued and that the person’s failure or refusal to appear, answer questions or produce evidence was without sufficient reason, the court shall order the person to appear at a time and place fixed by the court and to testify or produce the specified evidence. If the person fails to comply with the order of the court, he may be punished as for a contempt of court.

      Sec. 19.  NRS 444A.012 is hereby amended to read as follows:

      444A.012  “Municipality” means a county, city, town, general improvement district or health district created pursuant to NRS 439.370 or section 4 of this act or other political subdivision of this State which has jurisdiction over the management of solid waste.

      Sec. 20.  NRS 445B.508 is hereby amended to read as follows:

      445B.508  1.  In a county whose population is 400,000 or more, a district board of health [, county board of health] or board of county commissioners may, as a part of its program for the control of air pollution established pursuant to NRS 445B.500, require each person or entity that is proposing to locate a new source of air pollution within its jurisdiction or to modify an existing source of air pollution within its jurisdiction in such a way as to increase emissions of air pollutants, to reduce or mitigate any increase in emissions in accordance with regulations adopted by such board.

      2.  If a district board of health [, county board of health] or board of county commissioners imposes the requirement described in subsection 1, its program established pursuant to NRS 445B.500 must:

      (a) Provide a method for determining credits which results in credits that are quantifiable, surplus and legally enforceable;

      (b) Set forth the manner in which credits will be banked and traded, and the manner in which such transactions will be tracked and accounted for by the board; and

      (c) By not later than January 1, 2002, prohibit any person or entity from purchasing or selling credits of one type of pollutant if such credits will be used subsequently to produce a different type of pollutant.

      3.  If a county operates a program for the control of air pollution that allows a person operating or responsible for the existence of a source to earn credits for maintaining or reducing the level of air contaminant emitted from the source, the program:

      (a) Must allow the person to earn credits for reducing the level of air contaminant emitted from that source through the use of solar energy; and

      (b) Must not allow the person to earn credits for reducing the level of air contaminant emitted from that source if such a reduction is required as a component of a penalty imposed against the person.

      4.  A credit earned pursuant to this section does not constitute an interest in property.

      5.  As used in this section:

      (a) “Credit” means an administratively created asset that may:

             (1) Entitle a person operating or responsible for the existence of a source to allow the source to emit a certain level of air contaminant above a baseline that is determined by the board;

             (2) Be used to comply with the requirements of a permit; and

 


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ê2005 Statutes of Nevada, Page 2471 (Chapter 483, AB 380)ê

 

             (3) Be traded or sold to another person.

      (b) “Surplus” means that a credit is not earned by compliance with a requirement of the state implementation plan adopted by this State pursuant to 42 U.S.C. § 7410 or any other federal, state or local law, ordinance or regulation.

      Sec. 21.  NRS 450B.060 is hereby amended to read as follows:

      450B.060  “Board” means:

      1.  In a county whose population is less than 400,000, the State Board of Health.

      2.  In a county whose population is 400,000 or more, the [county or] district board of health.

      Sec. 22.  NRS 450B.077 is hereby amended to read as follows:

      450B.077  “Health authority” means:

      1.  In a county whose population is less than 400,000, the Health Division.

      2.  In a county whose population is 400,000 or more, the [county or] district board of health.

      Sec. 23.  NRS 450B.082 is hereby amended to read as follows:

      450B.082  “Health officer” means:

      1.  In a county whose population is less than 400,000, the State Health Officer.

      2.  In a county whose population is 400,000 or more, the [county or] district health officer.

      Sec. 24.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician 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 applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

      3.  A certificate as an emergency medical technician 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 course of instruction, within 2 years after initial licensure, 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) An overview of acts of terrorism and weapons of mass destruction;

      (b) Personal protective equipment required for acts of terrorism;

      (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      (e) An overview of the information available on, and the use of, the Health Alert Network.

Ê 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.

 


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ê2005 Statutes of Nevada, Page 2472 (Chapter 483, AB 380)ê

 

consequences of an act of terrorism that involves the use of a weapon of mass destruction.

      4.  The health authority may suspend or revoke the certificate of an emergency medical technician 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 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.

      6.  A certificate issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a [county or] district board of health.

      7.  The Health Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Health Division or a [county or] 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) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 25.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician 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 applicant’s qualifications to be certified as an emergency medical technician, and shall issue a certificate as an emergency medical technician to each qualified applicant.

      3.  A certificate as an emergency medical technician is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate 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 course of instruction, within 2 years after initial licensure, 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) An overview of acts of terrorism and weapons of mass destruction;

      (b) Personal protective equipment required for acts of terrorism;

      (c) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

      (d) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

      (e) An overview of the information available on, and the use of, the Health Alert Network.

 


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Ê 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.

      4.  The health authority may suspend or revoke the certificate of an emergency medical technician if it finds that the holder of the certificate no longer meets the prescribed qualifications. The holder of the certificate may appeal the suspension or revocation of his 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.

      6.  A certificate issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a [county or] district board of health.

      7.  The Health Division shall maintain a central registry of all certificates issued pursuant to this section, whether issued by the Health Division or a [county or] 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 NRS 202.4425.

      (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 26.  NRS 450B.1985 is hereby amended to read as follows:

      450B.1985  1.  Except as otherwise provided in subsection 2, no permit may be issued pursuant to this chapter authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons while transporting those persons to a medical facility.

      2.  Except as otherwise provided in subsection 9 of NRS 450B.200, the [county or] district board of health in a county whose population is 400,000 or more may issue a permit pursuant to NRS 450B.200 or 450B.210 authorizing a fire-fighting agency to provide intermediate or advanced medical care to sick or injured persons at the scene of an emergency and while transporting those persons to a medical facility.

      Sec. 27.  NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health authority may issue a permit for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency at the scene of an emergency.

      2.  Each permit must be evidenced by a card issued to the holder of the permit.

      3.  No permit may be issued unless the applicant is qualified pursuant to the regulations of the board.

      4.  An application for a permit must be made upon forms prescribed by the board and in accordance with procedures established by the board, and must contain the following:

      (a) The name and address of the owner of the ambulance or air ambulance or of the fire-fighting agency;

      (b) The name under which the applicant is doing business or proposes to do business, if applicable;

 


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      (c) A description of each ambulance, air ambulance or vehicle of a fire-fighting agency, including the make, year of manufacture and chassis number, and the color scheme, insigne, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance, air ambulance or vehicle;

      (d) The location and description of the places from which the ambulance, air ambulance or fire-fighting agency intends to operate; and

      (e) Such other information as the board deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board shall establish a reasonable fee for annual permits.

      6.  All permits expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days before the expiration date.

      7.  The health authority shall:

      (a) Revoke, suspend or refuse to renew any permit issued pursuant to this section for violation of any provision of this chapter or of any regulation adopted by the board; or

      (b) Bring an action in any court for violation of this chapter or the regulations adopted pursuant to this chapter,

Ê only after the holder of a permit is afforded an opportunity for a public hearing pursuant to regulations adopted by the board.

      8.  The health authority may suspend a permit if the holder is using an ambulance, air ambulance or vehicle of a fire-fighting agency which does not meet the minimum requirements for equipment as established by the board pursuant to this chapter.

      9.  The issuance of a permit pursuant to this section or NRS 450B.210 does not authorize any person or governmental entity to provide those services or to operate any ambulance, air ambulance or vehicle of a fire-fighting agency not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

      10.  A permit issued pursuant to this section is valid throughout the State, whether issued by the Health Division or a [county or] district board of health. An ambulance, air ambulance or vehicle of a fire-fighting agency which has received a permit from the [county or] district board of health in a county whose population is 400,000 or more is not required to obtain a permit from the Health Division, even if the ambulance, air ambulance or vehicle of a fire-fighting agency has routine operations outside the county.

      11.  The Health Division shall maintain a central registry of all permits issued pursuant to this section, whether issued by the Health Division or a [county or] district board of health.

      12.  The board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 28.  NRS 450B.210 is hereby amended to read as follows:

      450B.210  1.  The board may issue provisional permits limited as to time, place and purpose, based on the need therefor. No provisional permit may be issued for a period of longer than 6 months. The board may establish a reasonable fee for such provisional permits.

      2.  Unless otherwise limited in the permit, a provisional permit issued pursuant to this section is valid for providing emergency services throughout the State, whether issued by the Health Division or a [county or] district board of health.

 


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      Sec. 29.  NRS 450B.490 is hereby amended to read as follows:

      450B.490  1.  The board shall adopt regulations to carry out the provisions of NRS 450B.400 to 450B.590, inclusive. The regulations must establish:

      (a) A do-not-resuscitate protocol; and

      (b) The procedure to apply for a do-not-resuscitate identification.

      2.  The board may establish a fee for:

      (a) A do-not-resuscitate identification to be collected by the health authority. The fee may not exceed the actual cost to the health authority of:

             (1) Manufacturing or obtaining the identification from a manufacturer, including the cost of shipping and handling; and

             (2) Engraving the identification.

      (b) The issuance of a bracelet or medallion which indicates that a do-not-resuscitate identification has been issued to a qualified patient.

      3.  In the case of a [county or] district board of health, such regulations take effect immediately upon approval by the State Board of Health.

      Sec. 30.  NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      3.  An advanced emergency medical technician:

      (a) As authorized by regulation of:

             (1) The State Board of Health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

      (b) In accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.370 or section 4 of this act in any county.

      4.  A respiratory therapist, at the direction of a physician or physician assistant.

      5.  A medical student, student in training to become a physician assistant or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

      (a) In the presence of a physician, physician assistant or a registered nurse; or

      (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

 


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the circumstances are such that the registered nurse would be authorized to administer it personally.

      6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      7.  Any person designated by the head of a correctional institution.

      8.  A veterinary technician at the direction of his supervising veterinarian.

      9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      11.  A person who is enrolled in a training program to become an advanced emergency medical technician, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to an advanced emergency medical technician, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 31.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

      4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      (b) Acting under the direction of the medical director of that agency or facility who works in this State.

      5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      (a) The State Board of Health in a county whose population is less than 100,000;

      (b) A county board of health in a county whose population is 100,000 or more; or

      (c) A district board of health created pursuant to NRS 439.370 or section 4 of this act in any county.

 


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      6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      9.  Any person designated by the head of a correctional institution.

      10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      15.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      16.  A veterinary technician at the direction of his supervising veterinarian.

      17.  In accordance with applicable regulations of the Board, a registered pharmacist who:

      (a) Is trained in and certified to carry out standards and practices for immunization programs;

      (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

      (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.

      18.  A person who is enrolled in a training program to become a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

 


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ê2005 Statutes of Nevada, Page 2478 (Chapter 483, AB 380)ê

 

physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 32.  NRS 332.015 is hereby amended to read as follows:

      332.015  For the purpose of this chapter, unless the context otherwise requires, “local government” means:

      1.  Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 541, 543 and 555 of NRS.

      2.  The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

      3.  County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.

      4.  District boards of health created pursuant to the provisions of NRS 439.370 [to 439.410, inclusive.] or section 4 of this act.

      5.  The Nevada Rural Housing Authority.

      Sec. 33.  NRS 639.268 is hereby amended to read as follows:

      639.268  1.  A practitioner may purchase supplies of controlled substances, poisons, dangerous drugs and devices from a pharmacy by:

      (a) Making an oral order to the pharmacy or transmitting an oral order through his agent, except an order for a controlled substance in schedule II; or

      (b) If the order is for a controlled substance, presenting to the pharmacy a written order signed by him which contains his registration number issued by the Drug Enforcement Administration.

      2.  A hospital pharmacy or a pharmacy designated for this purpose by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the State Health Officer or his designated medical director of emergency medical services, may sell to a person or agency described in subsection 3 supplies of controlled substances to stock the ambulances or other authorized vehicles of such a person or agency or replenish the stock if:

      (a) The person or agency is registered with the Drug Enforcement Administration pursuant to 21 C.F.R. Part 1301;

      (b) The person in charge of the controlled substances is:

             (1) An advanced emergency medical technician appropriately certified by the health authority;

             (2) A registered nurse licensed by the State Board of Nursing; or

             (3) A person who holds equivalent certification or licensure issued by another state; and

      (c) Except as otherwise provided in this paragraph, the purchase order is countersigned by a physician or initiated by an oral order and may be made by the person or agency or transmitted by an agent of such a person or agency.

 

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