[Rev. 10/24/2013 8:04:18 PM--2013]

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ê2013 Statutes of Nevada, Page 1571ê

 

CHAPTER 333, SB 135

Senate Bill No. 135–Senators Atkinson, Spearman and Ford

 

Joint Sponsors: Assemblymen Frierson, Neal, Flores, Horne and Kirkpatrick

 

CHAPTER 333

 

[Approved: June 1, 2013]

 

AN ACT relating to redevelopment of communities; revising requirements for the submission of an employment plan relating to certain redevelopment projects; requiring certain redevelopment agencies to withhold a portion of any incentive provided to a developer until the developer satisfies certain conditions; requiring the reporting of certain information relating to the redevelopment project by certain developers; requiring that certain employment plans include information relating to efforts to hire persons who reside in certain areas; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, if a redevelopment agency provides property for development for less than the fair market value of the property or provides financial incentives of more than $100,000 to a developer, the developer must comply with certain laws relating to the payment of a prevailing wage. (NRS 279.500) Additionally, a proposal for a redevelopment project must include an employment plan, if appropriate. (NRS 279.482)

      Sections 2-10 of this bill apply to a redevelopment project if the project is undertaken in a redevelopment area of a city whose population is 500,000 or more (currently the City of Las Vegas). Section 7 requires public agencies who use redevelopment funds for a public work to submit an employment plan. Section 8 requires an agency that proposes to provide an incentive to a developer to withhold payment of an amount equal to 10 percent of the incentive until: (1) at least 15 percent of the employees of contractors, subcontractors, vendors and suppliers of the developer are residents of the redevelopment area, an area in the city for which the city council has adopted a plan for neighborhood revitalization or which is eligible for a community development block grant, or the Southern Nevada Enterprise Community; (2) at least 15 percent of the jobs created by employers as a result of the redevelopment project are filled by residents of such an area; and (3) the developer satisfies the reporting requirements of section 9. Section 10 allows a developer to appeal a refusal to pay the amount provided for in section 8 to the city council.

      Section 9 requires a developer that receives an incentive of more than $100,000 to report to the redevelopment agency certain information relating to the redevelopment project. Section 9 also requires a developer that receives $100,000 or less in incentives to use its best efforts to report such information. Finally, section 9 allows the redevelopment agency to refuse to pay all or a portion of the incentive or to require repayment of any incentive already paid if a developer fails to comply.

      For a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more, section 13 of this bill requires that the employment plan include information about the efforts of the developer and each employer who will be relocating a business into the redevelopment area to hire residents of the redevelopment area, an area in the city for which the city council has adopted a plan for neighborhood revitalization or which is eligible for a community development block grant, or the Southern Nevada Enterprise Community. Section 13 also requires a developer or employer to agree to offer and conduct training for such residents or to make a good faith effort to provide training through an available program of training.

 


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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 279 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.5, inclusive, of this act.

      Secs. 2 and 3. (Deleted by amendment.)

      Sec. 4. “Developer” means a person or entity that proposes to construct a redevelopment project which will receive financial assistance from an agency.

      Sec. 5. “Southern Nevada Enterprise Community” means the area designated as the Southern Nevada Enterprise Community in section 5 of chapter 407, Statutes of Nevada 2007.

      Sec. 6. The provisions of sections 2 to 10, inclusive, of this act apply only to a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more.

      Sec. 7. A public agency that uses redevelopment funds for the design or construction of a redevelopment project being built as a public work pursuant to chapter 338 of NRS shall submit an employment plan pursuant to NRS 279.482.

      Sec. 8.  1.  Except as otherwise provided in subsection 2, if an agency proposes to provide an incentive to a developer for a redevelopment project, an amount equal to 10 percent of the amount of the proposed incentive must be withheld by the agency and must not be paid to the developer until:

      (a) At least 15 percent of all employees of contractors, subcontractors, vendors and suppliers of the developer are bona fide residents of a redevelopment area described in section 6 of this act, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community;

      (b) At least 15 percent of all jobs created by employers who relocate to the redevelopment area are filled by bona fide residents of any of the areas described in paragraph (a); and

      (c) The developer satisfies all reporting requirements as described in section 9 of this act.

      2.  If an agency provides incentives in a form other than cash to a developer for a redevelopment project, the developer shall deposit an amount of money with the agency equal to 10 percent of the value of such incentives as agreed upon between the agency and the developer. If the developer satisfies the requirements of subsection 1, the agency shall return the deposit required by this subsection to the developer.

      Sec. 9.  1.  Except as otherwise provided in subsection 2, a developer that receives incentives from an agency for a redevelopment project shall, upon completion of the project and upon request of the agency, report, in a form prescribed by the agency, information relating to:

      (a) Outreach efforts that the developer has utilized, including, without limitation, information relating to job fairs, advertisements in publications that reach residents of the areas described in section 8 of this act and utilization of employment referral agencies;

 


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      (b) Training conducted for persons hired by the developer and contractors, subcontractors, vendors and suppliers of the developer and the employers within the redevelopment project; and

      (c) The execution of the redevelopment project, including, without limitation, plans and the scope of services.

      2.  If a developer receives incentives from an agency for a redevelopment project with a value of $100,000 or less, the developer shall use its best efforts to satisfy the reporting requirements described in subsection 1.

      3.  If the developer fails to comply with the requirements of this section:

      (a) The agency may refuse to pay all or any portion of an incentive; and

      (b) The agency may require the developer to repay any incentive already paid to the developer.

      Sec. 10. 1.  A developer may appeal the refusal by an agency to pay the amount provided for in section 8 of this act to the legislative body of the community.

      2.  In an appeal, the developer has the burden of demonstrating that:

      (a) Specific actions were taken to substantially fulfill the requirements of section 8 of this act;

      (b) An insufficient number of significant opportunities for appropriate contractors, subcontractors, vendors or suppliers to perform a commercially useful function in the project existed; and

      (c) Use of appropriate contractors, subcontractors, vendors or suppliers as required by section 8 of this act would have significantly and adversely affected the overall cost of the project.

      3.  If the legislative body finds that the developer’s appeal has satisfied the requirements of subsection 2, the agency shall pay the developer the amount provided for in section 8 of this act.

      Sec. 10.5. (Deleted by amendment.)

      Sec. 11. NRS 279.384 is hereby amended to read as follows:

      279.384  As used in NRS 279.382 to 279.685, inclusive, and sections 2 to 10.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 279.386 to 279.414, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 279.482 is hereby amended to read as follows:

      279.482  1.  An agency may obligate lessees or purchasers of property acquired in a redevelopment project to:

      (a) Use the property for the purpose designated in the redevelopment plans.

      (b) Begin the redevelopment of the area within a period of time which the agency fixes as reasonable.

      (c) Comply with other conditions which the agency deems necessary to carry out the purposes of NRS 279.382 to 279.685, inclusive, and sections 2 to 10.5, inclusive, of this act, including, without limitation, the provisions of an employment plan or a contract approved for a redevelopment project.

 


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      2.  [As] Except as otherwise provided in section 7 of this act, as appropriate for the particular project, each proposal for a redevelopment project must also include an employment plan. The employment plan must include:

      (a) A description of the existing opportunities for employment within the area;

      (b) A projection of the effect that the redevelopment project will have on opportunities for employment within the area; [and]

      (c) A description of the manner in which an employer relocating a business into the area plans to employ persons living within the area of operation who:

             (1) Are economically disadvantaged;

             (2) Have a physical disability;

             (3) Are members of racial minorities;

             (4) Are veterans; or

             (5) Are women [.] ; and

      (d) For a redevelopment project undertaken in a redevelopment area of a city whose population is 500,000 or more, a description of the manner in which:

             (1) The developer will, in hiring for construction jobs for the project, use its best efforts to hire veterans and other persons of both sexes and diverse ethnicities living within the redevelopment area, an area in the city for which the legislative body has adopted a specific plan for neighborhood revitalization or which is eligible for a community development block grant pursuant to 24 C.F.R. Part 570, or the Southern Nevada Enterprise Community; and

             (2) Each employer relocating a business into the area will use its best efforts to hire veterans and other persons of both sexes and diverse ethnicities living within any of the areas described in subparagraph (1).

      3.  A description provided pursuant to paragraph (d) of subsection 2 must include an agreement by the developer or employer to offer and conduct training for the residents described in that paragraph or make a good faith effort to provide such training through a program of training that is offered by a governmental agency and reasonably available to the developer or employer.

      Secs. 14, 15 and 15.5. (Deleted by amendment.)

      Sec. 16.  This act becomes effective on July 1, 2013.

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CHAPTER 334, SB 383

Senate Bill No. 383–Senator Parks (by request)

 

CHAPTER 334

 

[Approved: June 1, 2013]

 

AN ACT relating to time shares; revising provisions governing the public offering statement provided to prospective purchasers; revising provisions concerning the renewal of a permit to sell a time share; requiring certain persons to notify the Real Estate Division of certain convictions; authorizing the Real Estate Commission to take certain actions against certain people in certain circumstances; prohibiting certain people from working in certain time-share related professions without a proper license; making various other changes relating to time shares; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a developer from offering to sell a time share without first obtaining a permit. (NRS 119A.270) Existing law requires that the Administrator of the Real Estate Division of the Department of Business and Industry issue a permit and a public offering statement to a developer who submits certain information to the Division. (NRS 119A.300) Existing law further requires: (1) each developer, through his or her project broker and sales agents, to provide each prospective purchaser with a copy of the developer’s public offering statement and a copy of the developer’s permit to sell time shares; and (2) the project broker or sales agent to review the public offering statement with each prospective purchaser before the execution of any contract for the sale of a time share and obtain a receipt signed by the purchaser for a copy of the public offering statement. (NRS 119A.400) Section 4 of this bill requires that a developer submit a public offering statement to the Division for approval for use by the developer. Section 4 also sets forth the information that must be included in the public offering statement. Section 6 of this bill requires a developer to provide the board of the association for the time-share plan with a copy of an approved public offering statement and certain other information. Section 21.5 of this bill revises the provision of existing law requiring the developer to provide the public offering statement to prospective purchasers of a time share. Sections 8-13 of this bill revise certain definitions concerning time shares. Section 14 of this bill revises provisions concerning the applicability of the provisions governing time shares in certain circumstances.

      Existing law prohibits a provisional sales agent from conducting sales-related activities unless certain circumstances apply. (NRS 119A.237) Section 15 of this bill authorizes a provisional licensee to conduct sales-related activities if he or she is under the supervision of certain persons. Existing law provides that the Administrator of the Division is required to issue to a developer a public offering statement and a permit to sell time shares if certain requirements are satisfied. (NRS 119A.300) Section 16 of this bill adds certain items to the list of requirements such a developer must satisfy.

      Existing law requires certain persons to notify the Division of any criminal convictions or guilty pleas. (NRS 119A.357) Section 20 of this bill adds time-share resale brokers and persons licensed as real estate salespersons, real estate broker-salespersons and real estate brokers to the list of persons required to notify the Division of such convictions or pleas.

      Existing law requires a board of an association of time-share owners to conduct a study, through a qualified person, of the reserves required to repair the major components of the time-share plan, and to review the results of the study. (NRS 119A.542) Section 24 of this bill places this requirement on a developer as well as on the board of an association.

 


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the board of an association. Existing law authorizes the Real Estate Commission to take certain action against a project broker who fails to adequately supervise certain persons. (NRS 119A.670) Section 25 of this bill authorizes the Real Estate Commission to take the same actions against certain other persons. Existing law prohibits any person from working as a project manager without first obtaining the appropriate license from the Division. (NRS 119A.680) Section 26 of this bill revises the list of persons prohibited from performing certain work without first obtaining the appropriate license from the Division.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 119A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Sec. 2. “Component site” means a specific geographic location where units are located. The term includes new units added to a single project in the same specific geographic location and under common management.

      Sec. 3. “Sales and marketing entity” means an entity hired by a developer to manage the sale or marketing of a time-share plan.

      Sec. 4. 1.  The developer shall file a public offering statement with the Division for approval for use as prescribed in NRS 119A.300.

      2.  The public offering statement must include the following disclosures in substantially the following form, in at least 12-point bold type:

 

This Public Offering Statement is prepared by the Developer to provide you with basic and relevant information on a specific time-share offering. The Developer or Owner of the offering that is the subject of this Public Offering Statement has provided certain information and documentation to the Real Estate Division of the Department of Business and Industry (the “Division”) as required by law.

 

The statements contained in this Public Offering Statement are only summary in nature. A prospective purchaser should review the purchase contract, all documents governing the time-share plan or provided or available to the purchaser and the sales materials. You should not rely upon oral representations as being correct. Refer to this public offering statement, the purchase contract and the documents governing the time-share plan for correct representations.

 

While the Division makes every effort to confirm the information provided and to ensure that the offering will be developed, managed and operated as planned, there is no guarantee this will always be the case. The Division cannot and does not make any promise or guarantee as to the viability or continuance of the offering or the financial future of the offering or any plan, club or association affiliated therewith.

 


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The information included in this Public Offering Statement is applicable as of its effective date. Expenses of operation are difficult to predict accurately and even if accurately estimated initially, most expenses increase with the age of facilities and with increases in the cost of living.

 

The Division strongly suggests that before executing an agreement or contract, you read all of the documentation and information provided to you and seek additional assistance if necessary to assure that you understand all aspects of the offering and are aware of any potential adverse circumstances that could result from a time-share purchase in this Offering.

 

The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The right of cancellation may not be waived. Any attempt by the Developer to obtain a waiver results in a contract which is voidable by the purchaser. The notice of cancellation may be delivered personally to the Developer or sent by certified mail, return receipt requested, or by providing notice by express, priority or recognized overnight delivery service, with proof of service, to the business address of the Developer. The Developer must, within 20 days after receipt of the notice of cancellation, return all payments made by the Purchaser.

 

      3.  The public offering statement must include, without limitation, the following information in a form prescribed by the Division:

      (a) A brief history of the developer’s business background, experience in real estate and regulatory history.

      (b) A description of any judgment against the developer or sales and marketing entity which has a material adverse effect on the developer or the time-share plan. If no such judgment exists, there must be a statement of such fact.

      (c) The status of any pending proceeding to which the developer or sales and marketing entity is a party and which has a material adverse effect on the developer or the time-share plan. If no such proceedings exist, there must be a statement of such fact.

      (d) The name and address of the developer, the name of the time-share plan and the address of each component site.

      (e) A summary of the current annual budget of the project or the time-share plan, including:

            (1) The projected assessments for each type of unit offered in the time-share plan; and

             (2) A statement of property taxes assessed against the project and, if not included in the projected assessments, the projected amount of the purchaser’s share of responsibility for the property taxes assessed against the project.

      (f) A detailed description of the type of time-share plan being offered, a description of the type of interest and use rights the purchaser will receive and a description of the total number of time shares in the time-share plan at the time the permit is issued.

 


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      (g) A description of all restrictions, easements, reservations or zoning requirements which may limit the purchaser’s use, sale, lease, transfer or conveyance of the time share. The description must include any restrictions to be imposed on time shares concerning the use of any of the accommodations or facilities, and whether there are restrictions upon children or pets. For the purposes of this paragraph:

             (1) The description may reference a list of the documents containing the restrictions and state that the copies of the documents are available to the purchaser upon request.

             (2) If there are any restrictions upon the sale, lease, transfer or conveyance of a time share, the description must include a statement, in at least 12-point bold type, in substantially the following form:

 

The sale, lease, transfer or conveyance of a time share is restricted or controlled.

(Immediately following this statement, a description of the nature of the restriction, limitation or control on the sale, lease, transfer or conveyance of the time share must be included.)

 

             (3) If there are no restrictions, there must be a statement of that fact.

      (h) A description of the duration, projected phases and operation of the time-share plan.

      (i) A representation by the developer ensuring that the time-share plan maintains a one-to-one use night to use right ratio. For the purposes of the ratio calculation in this paragraph, each purchaser must be counted according to the use rights held by that purchaser in any calendar year. For the purposes of this paragraph, “one-to-one use night to use right ratio” has the meaning ascribed to it in NRS 119A.525.

      (j) A summary of the organization of the association for the time-share plan, the voting rights of the members, the developer’s voting rights in that association, a description of what constitutes a quorum for voting purposes and at what point in the sales program the developer relinquishes his or her control of that association, if applicable, and any other information pertaining to that association which is material to the right of the purchaser to use a time share.

      (k) A description of the existing or proposed accommodations, including a description of the type and number of time shares in the accommodations which is expressed in periods of 7-day use availability or other time increments applicable to the time-share plan and, if the accommodations are proposed or not yet completed or fully functional, an estimated date of completion. For the purposes of this paragraph, the type of accommodation must be described in terms of the number of bedrooms, bathrooms and sleeping capacity, and a statement of whether the accommodation contains a full kitchen. As used in this paragraph, “full kitchen” means a kitchen that includes, at a minimum, a dishwasher, range, sink, oven and refrigerator.

      (l) A description of any existing or proposed amenities of the time-share plan and, if the amenities are proposed or not yet completed or fully functional, the estimated date of completion, including a description of the extent to which financial assurances have been made for the completion of any incomplete but promised amenities.

 


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      (m) The name and principal address of the manager, if any, of the project or time-share plan, as applicable, and a description of the procedures, if any, for altering the powers and responsibilities of the manager and for removing or replacing the manager.

      (n) A description of any liens, defects or encumbrances on or affecting the title to the time share which materially affects the purchaser’s use of the units or facilities within the time-share plan.

      (o) Any special fee due from the purchaser at closing, other than customary closing costs, together with a description of the purpose of the fee.

      (p) Any current or expected fees or charges to be paid by purchasers for the use of any amenities of the time-share plan.

      (q) A statement of whether or not the amenities of the time-share plan will be used exclusively by purchasers of time-shares in, or authorized under, the time-share plan and, if the amenities are not to be used exclusively by such purchasers or authorized users, a statement of whether or not the purchasers of time shares in the time-share plan are required to pay any portion of the maintenance expenses of such amenities in addition to any fees for the use of such amenities.

      (r) A statement indicating that hazard insurance coverage is provided for the project.

      (s) A description of the purchaser’s right to cancel the purchase contract.

      (t) A statement of whether or not the purchaser’s deposit will be held by an escrow agent until the expiration of any right to cancel the contract or, if the purchaser’s deposit will not be held by such an escrow agent, a statement that the purchaser’s deposit will be immediately released to the developer and that the developer has posted a surety bond.

      (u) A statement that the deposit plus any interest earned must be returned to the purchaser if he or she elects to exercise his or her right of cancellation.

      (v) If the time-share plan provides purchasers with the opportunity to participate in an exchange program, the name and address of the exchange company and a description of the method by which a purchaser may choose to participate in the exchange program.

      (w) A description of the reservation system, if applicable, which must include:

             (1) The name of the entity responsible for operating the reservation system, its relationship to the developer and the duration of any agreement for operation of the reservation system; and

             (2) A summary of the rules and regulations governing access to and use of the reservation system, including, without limitation, the existence of and an explanation regarding any priority reservation features that affect a purchaser’s ability to make reservations for the use of a given accommodation on a first-come, first-served basis;

      (x) A description of the points system, if applicable, including, without limitation, whether additional points may be acquired by purchase or otherwise, in the future and the manner in which future purchases of points may be made, and the transferability of points to other persons, other years or other time-share plans. The description must include:

 


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             (1) A statement that no owner shall be prevented from using a time share as a result of changes in the manner in which point values may be used;

             (2) A statement that in the event point values are changed or adjusted, no owner shall be prevented from using his or her home resort, if any, in the same manner as was provided for under the original purchase contract; and

             (3) A description of any limitations or restrictions upon the use of point values.

      (y) A statement as to whether any unit within the time-share plan is within a mixed-use project containing whole ownership condominiums.

      (z) A statement that documents filed with the Division as part of the statement of record which are not delivered to the purchaser are available from the developer upon request.

      (aa) For a time-share plan with more than one component site, a description of each component site. With respect to a component site, the information required by subparagraph (2) and paragraphs (d), (k), (l), (p), (q) and (r) may be disclosed in written, graphic, tabular or any other form approved by the Division. In addition to the information required by paragraphs (a) to (z), inclusive, the description of a time-share plan with more than one component site must include the following information:

             (1) A general statement as to whether the developer has a right to make additions, substitutions or deletions of any accommodations, amenities or component sites, and a statement of the basis upon which accommodations, amenities or component sites may be added to, substituted for or deleted from the time-share plan.

             (2) The location of each component site of the time-share plan, the historical occupancy of the units in each component site for the previous 12-month period, if the component site was part of the time-share plan during the previous 12-month time period, or any other description acceptable to the Division that reasonably informs a purchaser regarding the relative use demand per component site, as well as a statement of any periodic adjustment or amendment to the reservation system that may be needed in order to respond to actual use patterns and changes in use demand for the accommodations existing at that time within the time-share plan.

             (3) The number of accommodations and time shares, expressed in periods of 7-day use availability or other time increments applicable to the time-share plan, committed to the time-share plan, and available for use by purchasers, and a statement describing how adequate periods of time for maintenance and repair will be provided.

      (bb) Any other information that the developer, with the approval of the Administrator, decides to include in the public offering statement.

      4.  Copies of the following documents and plans, or proposed documents if the time-share plan has not been declared or created at the time the application for a permit is submitted, to the extent they are applicable, must be provided to the purchaser with the public offering statement:

      (a) Copies of the time-share instruments.

      (b) The estimated or, if applicable, actual operating budget of the time-share plan.

 


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      5.  The public offering statement must include a list of the following documents, if applicable to the time-share plan, and must state that the documents listed are available to the purchaser upon request:

      (a) Any ground lease or other underlying lease of the real property associated with the time-share plan.

      (b) The management agreement of the project or time-share plan, as applicable.

      (c) The floor plan of each type of accommodation and any existing plot plan showing the location of all accommodations and facilities declared as part of the time-share plan and filed with the Division.

      (d) The lease for any facilities that are part of the time-share plan.

      (e) Any executed agreement for the escrow of payments made to the developer before closing.

      (f) Any letter from the escrow agent confirming that the escrow agent and its officers, directors or other partners are independent.

      6.  The Administrator may, upon finding that the subject matter is otherwise adequately covered or the information is unnecessary or inapplicable, waive any requirement set forth in this section.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. The developer shall provide the board with a copy of the approved public offering statement and any amendments thereto, to be maintained by the association as part of the records of the time-share plan.

      Sec. 6.5. (Deleted by amendment.)

      Sec. 7. NRS 119A.010 is hereby amended to read as follows:

      119A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 119A.020 to 119A.160, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 8. NRS 119A.040 is hereby amended to read as follows:

      119A.040  “Developer” means any person who [offers to dispose of or disposes of his or her interest in a time share.] :

      1.  Creates a time-share plan or is in the business of selling time shares, other than those employees or agents of the developer who sell time shares on the developer’s behalf; or

      2.  Succeeds to the interest of a developer by sale, lease, assignment, mortgage or other transfer.

Ê The term includes only those persons who offer time shares for disposition in the ordinary course of business.

      Sec. 9. NRS 119A.090 is hereby amended to read as follows:

      119A.090  “Project broker” means any person licensed pursuant to chapter 645 of NRS who coordinates the sale of time shares for [a] one or more time-share [plan] plans and to whom sales agents and representatives are responsible [.] on behalf of one or more developers.

      Sec. 10. NRS 119A.100 is hereby amended to read as follows:

      119A.100  “Public offering statement” means a [report, issued] disclosure document prepared and signed by the developer and approved by the [Administrator pursuant to the provisions of this chapter, which authorizes a developer to offer to sell or sell time shares in the time-share plan which is the subject of the report.] Division for use by the developer which contains information required by this chapter and the regulations adopted pursuant thereto.

 


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      Sec. 11. NRS 119A.130 is hereby amended to read as follows:

      119A.130  “Sales agent” means a person who, on behalf of a developer [,] and under the direct supervision of a person licensed pursuant to the provisions of chapter 645 of NRS, sells or offers to sell a time share to a purchaser or who, if he or she is not registered as a representative, may act to induce other persons to attend a sales presentation on the behalf of a developer.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 119A.156 is hereby amended to read as follows:

      119A.156  “Time-share resale broker” means a person who is licensed pursuant to chapter 645 of NRS and is registered as a time-share resale broker pursuant to the provisions of this chapter [.] and who, for compensation, lists, advertises, transfers, assists in transferring, promotes for resale or solicits prospective purchasers of previously sold time shares, on behalf of an owner other than a developer.

      Sec. 14. NRS 119A.170 is hereby amended to read as follows:

      119A.170  1.  The provisions of this chapter, except subsection 4, and unless a method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS, do not apply to:

      (a) The sale of 12 or fewer time shares in a [project] time-share plan or the sale of 12 or fewer time shares in the same subdivision;

      (b) The sale or transfer of a time share by an owner who is not the developer, unless the time share is sold in the ordinary course of business of that owner;

      (c) Any transfer of a time share:

             (1) By deed in lieu of foreclosure;

             (2) At a foreclosure sale; or

             (3) By the resale of a time share that has been acquired by an association [by] as a result of nonpayment of association assessments:

                   (I) By termination of a contractual right of occupancy;

                   (II) By deed or other transfer in lieu of foreclosure or [at] termination; or

                   (III) At a foreclosure sale . [;]

      (d) A gratuitous transfer of a time share;

      (e) A transfer by devise or descent or a transfer to an inter vivos trust; or

      (f) The sale or transfer of the right to use and occupy a unit on a periodic basis which recurs over a period of less than 5 years . [,

Ê unless the method of disposition is adopted to evade the provisions of this chapter or chapter 645 of NRS.]

      2.  Any campground or developer who is subject to the requirements of chapter 119B of NRS and complies with those provisions is not required to comply with the provisions of this chapter.

      3.  The Division may waive any provision of this chapter if it finds that the enforcement of that provision is not necessary in the public interest or for the protection of purchasers.

      4.  The provisions of chapter 645 of NRS apply to the sale of time shares, except any sale of a time share to which this chapter applies, and for that purpose the terms “real property” and “real estate” as used in chapter 645 of NRS shall be deemed to include a time share, whether it is an interest in real property or merely a contractual right to occupancy.

 


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      Sec. 15. NRS 119A.237 is hereby amended to read as follows:

      119A.237  1.  A provisional licensee shall not:

      (a) Conduct sales-related activities unless the provisional licensee is:

             (1) Under the supervision of:

                   (I) His or her project broker; or

                   (II) [A cooperating real estate broker designated by the project broker in accordance with the provisions of this chapter and any regulations adopted pursuant thereto.] A person licensed pursuant to chapter 645 of NRS.

             (2) At the principal place of business or a branch office of the project broker [,] or person licensed pursuant to chapter 645 of NRS or at the physical location of a time-share development.

      (b) Collect personal information from a prospective purchaser or purchaser of a time share.

      2.  A project broker or person licensed pursuant to chapter 645 of NRS shall not grant to a provisional licensee:

      (a) Access to a time-share lockbox; or

      (b) The ability to enter a private residence or a time-share unit that an unlicensed person otherwise would not have.

      3.  A project broker [or a cooperating real estate broker designated by the project broker in accordance with the provisions of this chapter and any regulations adopted pursuant thereto] or a person licensed pursuant to chapter 645 of NRS shall:

      (a) Supervise the provisional licensee ; [employed by the project broker;] and

      (b) Review and approve in writing any contract prepared by the provisional licensee that relates to the sale of a time share.

      4.  A provisional licensee may receive a commission for the sale of a time share in which the provisional licensee is involved.

      5.  As used in this section:

      (a) “Personal information” has the meaning ascribed to it in NRS 603A.040.

      (b) “Provisional licensee” means an applicant who receives a provisional sales agent’s license from the Division pursuant to NRS 119A.233.

      Sec. 16. NRS 119A.300 is hereby amended to read as follows:

      119A.300  Except as otherwise provided in NRS 119A.310, the Administrator shall issue [a public offering statement and] a permit to sell time shares to each applicant who:

      1.  Submits an application, in the manner provided by the Division, which includes:

      (a) The name and address of the project broker;

      (b) A copy of each time-share instrument that relates to the time-share plan;

      (c) A preliminary title report issued within 30 days of submittal for the project and copies of the documents listed as exceptions in the report;

      (d) Copies of any other documents which relate to the time-share plan or the project, including any contract, agreement or other document to be used to establish and maintain an association and to provide for the management of the time-share plan or the project, or both;

      (e) Copies of instructions for escrow, deeds, sales contracts and any other documents that will be used in the sale of the time shares;

 


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      (f) A copy of any proposed trust agreement which establishes a trust for the time-share plan or the project, or both;

      (g) Documents which show the current assessments for property taxes on the project;

      (h) Documents which show compliance with local zoning laws;

      (i) If the units which are the subject of the time-share plan are in a condominium project, or other form of common-interest ownership of property, documents which show that use of the units is in compliance with the documents which created the common-interest ownership;

      (j) Copies of all documents which will be given to a purchaser who is interested in participating in a program for the exchange of occupancy rights among owners and copies of the documents which show acceptance of the time-share plan in such a program;

      (k) A copy of the budget or a projection of the operating expenses of the association, if applicable;

      (l) A copy of the current point-value use directory, along with rules and procedures for changes by the developer or the association in the manner in which point values may be used;

      (m) A financial statement of the developer; [and

      (m)] (n)The public offering statement described in section 4 of this act in a form prescribed by the Division; and

      (o) Such other information as the Division, by regulation, requires; [and]

      2.  Pays the fee provided for in this chapter.

      3.  Cures any deficiency in the application, including, without limitation, any deficiencies in the public offering statement submitted pursuant to section 4 of this act.

      Sec. 17. NRS 119A.305 is hereby amended to read as follows:

      119A.305  The terms and conditions of the documents and agreements submitted pursuant to NRS 119A.300 , and section 4 of this act, which relate to the creation and management of the time-share plan and to the sale of time shares and to which the applicant or an affiliate of the applicant is a party must be described in the public offering statement and constitute [additional] the terms and conditions of the applicant’s permit to sell time shares.

      Sec. 18. NRS 119A.320 is hereby amended to read as follows:

      119A.320  1.  The [Division] Administrator shall issue an order, within 30 days after the receipt of an application for a permit to sell time shares, notifying the applicant of [its] his or her decision to:

      (a) Issue a preliminary permit to sell time shares, including a list of all deficiencies, if any, which must be corrected before a permit is issued; or

      (b) Deny the application and list the reasons for denial.

      2.  The [Division] Administrator shall, within 45 days after:

      (a) The receipt of evidence that the deficiencies in the application for a permit to sell time shares are cured, issue a permit to sell time shares or deny the application and list the reasons for denial; or

      (b) The issuance of a preliminary permit, issue a permit to sell time shares.

      Sec. 19. NRS 119A.355 is hereby amended to read as follows:

      119A.355  1.  A permit must be renewed annually by the developer by filing an application with and paying the fee for renewal to the Administrator. The application must be filed and the fee paid not later than 30 days before the date on which the permit expires. The application must include the budget of the association and any change that has occurred in the information previously provided to the Administrator or in a public offering statement [of disclosure] provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.

 


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information previously provided to the Administrator or in a public offering statement [of disclosure] provided to a prospective purchaser pursuant to the provisions of NRS 119A.400.

      2.  The renewal is effective on the 30th day after the filing of the application unless the Administrator:

      (a) Denies the renewal pursuant to NRS 119A.654 or for any other reason; or

      (b) Approves the renewal on an earlier date.

      Sec. 20. NRS 119A.357 is hereby amended to read as follows:

      119A.357  1.  A sales agent, representative, manager, developer , [or] project broker , time-share resale broker or person licensed pursuant to chapter 645 of NRS and subject to the provisions of this chapter shall notify the Division in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to, a felony or any crime involving moral turpitude.

      2.  A sales agent, representative, manager, developer , [or] project broker , time-share resale broker or person licensed pursuant to chapter 645 of NRS and subject to the provisions of this chapter shall submit the notification required by subsection 1:

      (a) Not more than 10 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere; and

      (b) When submitting an application to renew a license, registration or permit issued pursuant to this chapter.

      Sec. 21. NRS 119A.390 is hereby amended to read as follows:

      119A.390  A reservation to purchase a time share must:

      1.  Be on a form approved by the Division;

      2.  Include a provision which grants the prospective purchaser the right to cancel the reservation at any time before the execution of the contract of sale with the full refund of any deposit;

      3.  Provide for the placement of any deposit in escrow until a permit is issued by the Administrator pursuant to NRS [119A.300;] 119A.320;

      4.  Guarantee the purchase price for the time share for a certain period after the issuance of the permit to sell time shares; and

      5.  Require that any interest earned on the deposit for the reservation be paid to the prospective purchaser.

      Sec. 21.5. NRS 119A.400 is hereby amended to read as follows:

      119A.400  1.  [Each] Before the execution of any contract for the sale of a time share, the developer [,] or, if the developer sells time shares through his or her project broker and sales agents, the project broker and sales agent, shall provide each prospective purchaser with [a] :

      (a) A copy of the developer’s public offering statement which was approved by the Division pursuant to section 4 of this act and which must contain a copy of the developer’s permit to sell time shares [.] ; and

      (b) An addendum to the public offering statement summarizing any pending amendments to the public offering statement that have been submitted to the Division but have not yet been approved, along with a statement to the purchaser that the amendment has been submitted to the Division for approval.

      2.  The project broker or sales agent shall review the public offering statement with each prospective purchaser before the execution of any contract for the sale of a time share and obtain a receipt signed by the purchaser for a copy of the public offering statement.

 


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      3.  If a contract is signed by the purchaser, the signed receipt for a copy of the public offering statement must be kept by the project broker for 3 years and is subject to such inspections and audits as may be prescribed by regulations adopted by the Division.

      Sec. 22. NRS 119A.410 is hereby amended to read as follows:

      119A.410  1.  The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.

      2.  The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.

      3.  The notice of cancellation may be delivered personally to the developer , [or] sent by certified mail, return receipt requested, or sent by express, priority or recognized overnight delivery service, with proof of service, to the business address of the developer.

      4.  The developer shall, within [15] 20 days after receipt of the notice of cancellation, return all payments made by the purchaser.

      Sec. 23. NRS 119A.534 is hereby amended to read as follows:

      119A.534  1.  A manager of a project located in this State who enters into or renews an agreement that must comply with the provisions of subsection 3 of NRS 119A.530 shall submit to the association and to the Division a disclosure statement that contains a description of any arrangement made by the manager or an affiliate of the manager relating to:

      (a) The resale of time shares on behalf of the association or its members;

      (b) Actions taken for the collection of assessments and the foreclosure of liens on behalf of the association or its members;

      (c) The exchange or rental of time shares owned by the association or its members; and

      (d) The use of the names of the members of the association for purposes unrelated to the duties of the association as set forth in the time-share instrument and this chapter.

      2.  The disclosure statement must be:

      (a) Submitted annually at a time designated by the Administrator and at least 120 days before any date on which the agreement is automatically renewed.

      (b) Signed by the manager or an authorized representative of the manager under penalty of perjury.

      3.  The Administrator shall adopt regulations prescribing the form and contents of the disclosure statements required by this section.

      Sec. 24. NRS 119A.542 is hereby amended to read as follows:

      119A.542  1.  The developer or board of an association shall:

      (a) Cause to be conducted at least once every 5 years, a study of the reserves required to repair, replace and restore the major components of the project;

      (b) Review the results of that study at least annually to determine if those reserves are sufficient; and

      (c) Make any adjustments it deems necessary to maintain the required reserves.

      2.  The study required by subsection 1 must be conducted by a person qualified by training and experience to conduct such a study, including a member of the board or the manager of the time-share plan or the project, or both, who is so qualified.

 


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member of the board or the manager of the time-share plan or the project, or both, who is so qualified. The study must include, without limitation:

      (a) A summary of an inspection of the major components of the project;

      (b) An identification of the major components of the project which have a remaining useful life of less than 30 years;

      (c) An estimate of the remaining useful life of each major component identified pursuant to paragraph (b);

      (d) An estimate of the cost of repair, replacement or restoration of each major component identified pursuant to paragraph (b) during and at the end of its useful life; and

      (e) An estimate of the total annual assessment that may be required to cover the cost of repairing, replacing or restoring the major components identified pursuant to paragraph (b), after subtracting the reserves of the association as of the date of the study.

      3.  The Administrator shall adopt by regulation the qualifications required for conducting a study required by subsection 1.

      Sec. 25. NRS 119A.670 is hereby amended to read as follows:

      119A.670  The Real Estate Commission may take action pursuant to NRS 645.630 against any project broker or person who is licensed pursuant to chapter 645 of NRS and subject to the provisions of this chapter who fails to adequately supervise the conduct of any sales agent or representative with whom the project broker or person is associated.

      Sec. 26. NRS 119A.680 is hereby amended to read as follows:

      119A.680  1.  It is unlawful for any person to engage in the business of, act in the capacity of, advertise or assume to act as a:

      (a) Project broker , person who is licensed pursuant to chapter 645 of NRS or [sales agent] time-share resale broker within the State of Nevada without first obtaining a license from the Division pursuant to chapter 645 of NRS . [or NRS 119A.210.]

      (b) Sales agent for a project broker within the State of Nevada without first obtaining a license from the Division pursuant to NRS 119A.210, unless he or she is licensed as a real estate salesperson pursuant to chapter 645 of NRS; or

      (c) Representative, manager or time-share resale broker within the State of Nevada without first registering with the Division.

      2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.

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CHAPTER 335, SB 384

Senate Bill No. 384–Senator Hammond

 

CHAPTER 335

 

[Approved: June 1, 2013]

 

AN ACT relating to charter schools; authorizing the Director of the Department of Business and Industry to issue bonds, notes and other obligations to finance the acquisition, construction, improvement, restoration or rehabilitation of property, buildings and facilities for charter schools; establishing the procedure for the issuance of such obligations; providing for the payment of the obligations; revising provisions relating to the closure of a charter school and the payment of its debts; authorizing a charter school to incorporate as a nonprofit corporation, borrow money and encumber its assets; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill authorizes the Director of the Department of Business and Industry to issue bonds and other obligations to finance the acquisition, construction, improvement, restoration or rehabilitation of property, buildings and facilities for charter schools. Sections 1-22 of this bill enact the Charter School Financing Law and provide for the issuance of such obligations by the Director.

      Section 29 of this bill revises provisions governing the closure of a charter school to provide, among other things, for notice of the closure, the development of a plan for closure, an audit and the winding up of the financial affairs of the charter school. Section 30 of this bill authorizes a charter school to incorporate as a nonprofit corporation. Section 31 of this bill authorizes a charter school to borrow money and encumber its property and other assets, and to use public money to purchase property with the approval of the charter school’s sponsor.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.

      Sec. 2. Sections 2 to 22, inclusive, of this act may be cited as the Charter School Financing Law.

      Sec. 3. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Bond” or “revenue bond” means any bond, note, security or other evidence of indebtedness issued pursuant to sections 2 to 22, inclusive, of this act.

      Sec. 4.3. “Cost of the project” means all or a designated part of the cost of any project, including any incidental cost pertaining to the project. The cost of a project may include, without limitation, the costs of:

      1.  Surveys, audits, preliminary plans, other plans, specifications, estimates and other costs of preparations;

 


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      2.  Appraising, printing, estimating, advice and services of engineers, architects, financial consultants, attorneys, clerical personnel and other agents and employees;

      3.  Publishing, posting, mailing and otherwise giving notice, filing or recording instruments, taking options and fees to banks;

      4.  Establishment of a reserve for contingencies;

      5.  Interest on bonds for any time which does not exceed the estimated period of construction plus 1 year, discounts on bonds, reserves for the payment of the principal of and interest on bonds, replacement expenses and other costs of issuing bonds;

      6.  Amending any resolution or other instrument authorizing the issuance of, or otherwise relating to, bonds for the project; and

      7.  Short-term financing and the expense of operation and maintenance of the project.

      Sec. 4.5. “Director of the Department of Business and Industry” means the Director of the Department of Business and Industry or any person within the Department of Business and Industry designated by the Director to perform duties in connection with a project or the issuance of bonds pursuant to sections 2 to 22, inclusive, of this act.

      Sec. 4.7. “Expense of operation and maintenance” means any reasonable and necessary expense of the State for the operation, maintenance and administration of a project or of the collection and administration of revenues from a project and includes, without limitation:

      1.  Expenses for engineering, auditing, reporting, legal services and other expenses of the Director of the Department of Business and Industry which are directly related to the administration of projects.

      2.  Premiums for fidelity bonds and policies of property and liability insurance pertaining to projects, and shares of the premiums of blanket bonds and policies which may be reasonably allocated to the State.

      3.  Payments to pension, retirement, health insurance and other insurance funds.

      4.  Reasonable charges made by any paying agent, commercial bank, credit union, trust company or other depository bank pertaining to bonds issued pursuant to sections 2 to 22, inclusive, of this act.

      5.  Services rendered under the terms of a contract, services of professionally qualified persons, salaries, administrative expenses and the cost of materials, supplies and labor pertaining to the issuance of any bonds pursuant to sections 2 to 22, inclusive, of this act, including the expenses of any trustee, receiver or other fiduciary.

      6.  Costs incurred in the collection and any refund of revenues from a project, including the amount of the refund.

      7.  Fees and costs incurred by the Director of the Department of Business and Industry for ensuring compliance with the provisions of sections 2 to 22, inclusive, of this act.

      Sec. 5. “Finance” or “financing” includes, without limitation, the issuance of bonds by the Director of the Department of Business and Industry for the purpose of using all or any part of the proceeds to pay for or to reimburse a user or the designee of a user for the cost of acquiring, improving or equipping the facilities of a project, or to provide money for the project itself, where appropriate, whether these costs are incurred by the obligor or a designee of the obligor.

 


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      Sec. 5.5. “Financing agreement” means an agreement by which the Director of the Department of Business and Industry agrees to issue bonds pursuant to sections 2 to 22, inclusive, of this act to finance one or more projects and the obligor agrees to:

      1.  Make payments directly or through notes, debentures, bonds or other secured or unsecured debt obligations of the obligor executed and delivered by the obligor to the Director or his or her designee or assignee, including a trustee, sufficient to pay the principal of, premium, if any, and interest on the bonds;

      2.  Pay other amounts required by sections 2 to 22, inclusive, of this act; and

      3.  Comply with all the applicable provisions of sections 2 to 22, inclusive, of this act.

      Sec. 6. “Mortgage” means a mortgage, trust deed or other security device.

      Sec. 6.5. “Obligor” means a charter school, natural person, partnership, firm, company, corporation, association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, who agrees to make the payments required by a financing agreement.

      Sec. 7.  “Project” means:

      1.  Any building, structure or real property owned, to be acquired or used by a charter school for any of its educational purposes and all related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping and parking facilities, together with all the personal property necessary, convenient or appurtenant thereto; or

      2.  Any capital equipment owned, to be acquired or used by a charter school for any of its educational purposes.

      Sec. 7.5. “Revenues” includes, with respect to a project, payments under a lease, agreement of sale or financing agreement, or under notes, debentures, bonds and other secured or unsecured debt obligations of an obligor executed and delivered by the obligor to the Director of the Department of Business and Industry or his or her designee or assignee, including a trustee, pursuant to a lease, agreement of sale or financing agreement, or under any guarantee of or insurance with respect to any such lease, agreement of sale or financing agreement.

      Sec. 8. (Deleted by amendment.)

      Sec. 8.1. 1.  It is the intent of the Legislature to authorize the Director of the Department of Business and Industry to finance facilities or other improvements to be owned, acquired and used by a charter school for any of its educational purposes.

      2.  The Director of the Department of Business and Industry has all the powers necessary to accomplish the purposes set forth in sections 2 to 22, inclusive, of this act, but these powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this State.

      3.  Sections 2 to 22, inclusive, of this act must be liberally construed in conformity with the purposes set forth in this section.

      Sec. 8.3. When the Director of the Department of Business and Industry has received requests from one or more charter schools, lessees, purchasers or other obligors, the Director may issue revenue bonds to obtain money to fulfill the requests. Title to or in a project may at all times remain in the obligor or the obligor’s designee or assignee and, in that case, the bonds must be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

 


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case, the bonds must be secured by a pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor.

      Sec. 8.5. Except as otherwise provided in section 9.9 of this act, the Director of the Department of Business and Industry shall not finance a project unless, before financing the project, the Director finds and the State Board of Finance approves the findings of the Director that:

      1.  The project consists of any land, building or other improvement, and all real and personal properties necessary in connection therewith, which is suitable for new construction, improvement, restoration or rehabilitation of charter school facilities;

      2.  The charter school for whose benefit the project is being financed is not in default under the written charter granted by its sponsor, as determined by the sponsor;

      3.  The charter school for whose benefit the project is being financed has received, within the immediately preceding 3 consecutive school years, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools, or has received equivalent ratings in another state, as determined by the Department of Education;

      4.  There are sufficient safeguards to ensure that all money provided by the Director of the Department of Business and Industry will be expended solely for the purposes of the project;

      5.  There are sufficient safeguards to ensure that the Director of the Department of Business and Industry will have the ability to monitor compliance with the provisions of sections 2 to 22, inclusive, of this act on an ongoing basis with respect to the project;

      6.  Through the advice of counsel or other reliable source, the project has received all approvals by the local, state and federal governments which may be necessary to proceed with construction, improvement, rehabilitation or redevelopment of the project; and

      7.  There has been a request by a charter school, lessee, purchaser or other obligor to have the Director of the Department of Business and Industry issue bonds to finance the project.

      Sec. 8.7. 1.  Except as otherwise provided in section 9.9 of this act, before financing a project pursuant to section 8.5 of this act, the Director of the Department of Business and Industry and the State Board of Finance must:

      (a) Determine the total amount of money necessary to be provided by the Director of the Department of Business and Industry for financing the project.

      (b) Except as otherwise provided in this subsection, receive a 5-year operating history from the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bond issued. An operating history is not required if the bonds:

             (1) Are to be sold only to qualified institutional buyers, as defined in Rule 144A of the Securities and Exchange Commission, 17 C.F.R. § 230.144A, in minimum denominations of at least $100,000; or

             (2) Will receive a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

 


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      (c) Consider whether the contemplated charter school, lessee, purchaser or other obligor that will make or guarantee the payment of the principal, premium, if any, and interest on any bonds issued has received within the 12 months immediately preceding the date of the findings of the Director of the Department of Business and Industry, or then has or has not in effect, a rating within one of the top four rating categories of Moody’s Investors Service, Inc., Standard and Poor’s Rating Services or Fitch IBCA, Inc.

      (d) Consider the extent to which the project is affected by any federal, state or local governmental action, activity, program or development.

      (e) Consider the length of time the charter school, lessee, purchaser or other obligor of the project has maintained facilities appropriate to the community in this State.

      2.  The Director of the Department of Business and Industry may adopt regulations to set forth additional factors to be considered by the Director and the State Board of Finance before financing a project pursuant to section 8.5 of this act.

      Sec. 8.9. 1.  The Director of the Department of Business and Industry may provide financing for a project pursuant to sections 2 to 22, inclusive, of this act if:

      (a) The financing is limited in amount and purpose to the payment of the costs associated with:

             (1) The acquisition, construction, improvement, restoration or rehabilitation of the project; and

             (2) The cost of the project;

      (b) The Director makes the findings required by section 8.5 of this act; and

      (c) The Director complies with the guidelines established by the Director pursuant to subsection 2.

      2.  The Director of the Department of Business and Industry shall establish guidelines for the provision of financing for a project pursuant to sections 2 to 22, inclusive, of this act.

      Sec. 9.  (Deleted by amendment.)

      Sec. 9.1. 1.  All bonds issued by the Director of the Department of Business and Industry pursuant to sections 2 to 22, inclusive, of this act are special, limited obligations of the State. The principal of and interest on such bonds are payable, subject to the security provisions of sections 2 to 22, inclusive, of this act, solely out of the revenues derived from the financing, leasing or sale of the project or projects to be financed by the bonds.

      2.  The bonds and interest coupons, if any, which are part of those bonds do not constitute the debt or indebtedness of the State or any city or county within the meaning of any provision or limitation of the Constitution of the State of Nevada or statutes, and do not constitute or give rise to a pecuniary liability of the State or a charge against its general credit or taxing powers. This limitation must be plainly stated on the face of each bond.

      Sec. 9.3. 1.  Any bonds issued pursuant to sections 2 to 22, inclusive, of this act must be authorized by an order of the Director of the Department of Business and Industry and must:

      (a) Be in denominations;

      (b) Bear the date or dates;

 


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      (c) Mature at the time or times, not exceeding 40 years after their respective dates;

      (d) Bear interest at a rate or rates;

      (e) Be in the form;

      (f) Carry the registration privileges;

      (g) Be executed in the manner;

      (h) Be payable at the place or places within or without the State; and

      (i) Be subject to the terms of redemption,

Ê as provided by the order authorizing their issuance.

      2.  Any bonds issued pursuant to sections 2 to 22, inclusive, of this act may be sold in one or more series at par, or below or above par, in the manner and for the price or prices which the Director of the Department of Business and Industry determines in his or her discretion, and are not required to obtain a credit rating. As an incidental expense to any project to be financed by the bonds, the Director may employ financial and legal consultants in regard to the financing of the project on an ongoing basis.

      3.  Any bonds issued pursuant to sections 2 to 22, inclusive, of this act are fully negotiable under the terms of the Uniform Commercial Code—Investment Securities.

      Sec. 9.5. The principal of, the interest on and any prior redemption premiums due in connection with the bonds issued pursuant to sections 2 to 22, inclusive, of this act are payable from, secured by a pledge of, and constitute a lien on the revenues out of which the bonds have been made payable. In addition, they may, in the discretion of the Director of the Department of Business and Industry, be secured by:

      1.  A mortgage or mortgages covering all or part of any project financed with the proceeds of the bonds, or upon any other property of the lessees, purchasers or obligors of those projects, or by a pledge of the lease, the agreement of sale or the financing agreement with respect to one or more of the projects, or both.

      2.  A pledge of one or more notes, debentures, bonds or other secured or unsecured debt obligations of the obligor of one or more of the projects.

      3.  The proceeds of the bonds and income from investment of the proceeds and of revenues.

      Sec. 9.7. The Director of the Department of Business and Industry shall adopt regulations to carry out the provisions of sections 2 to 22, inclusive, of this act, including, without limitation, regulations for:

      1.  Investment and reinvestment of the proceeds from the sale of the bonds, including, without limitation:

      (a) Bonds or other obligations of the United States of America.

      (b) Bonds or other obligations, the payment of the principal and interest of which is unconditionally guaranteed by the United States of America.

      (c) Obligations issued or guaranteed as to principal and interest by any agency or person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (d) Obligations issued or guaranteed by any state of the United States of America, or any political subdivision of any state.

      (e) Prime commercial paper.

      (f) Prime finance company paper.

 


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      (g) Bankers’ acceptances drawn on and accepted by commercial banks.

      (h) Repurchase agreements fully secured by obligations issued or guaranteed as to principal and interest by the United States of America or by any person controlled or supervised by and acting as an instrumentality of the United States of America pursuant to authority granted by the Congress of the United States of America.

      (i) Certificates of deposit issued by credit unions or commercial banks, including banks domiciled outside of the United States of America.

      (j) Money market mutual funds that:

             (1) Are registered with the Securities and Exchange Commission;

             (2) Are rated by a nationally recognized rating service as “AAA” or its equivalent; and

             (3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.

      2.  Receiving, holding and disbursing of proceeds of the sale of bonds by one or more banks, credit unions or trust companies located within or without this State.

      Sec. 9.9. 1.  Any bonds issued pursuant to sections 2 to 22, inclusive, of this act may be refunded by the Director of the Department of Business and Industry by the issuance of refunding bonds in an amount which the Director determines necessary to refund the principal of the bonds to be so refunded, any unpaid interest thereon and any premiums and incidental expenses necessary to be paid in connection with refunding.

      2.  Refunding may be carried out whether the bonds to be refunded have matured or thereafter mature, either by sale of the refunding bonds and the application of the proceeds to the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of the bonds to be refunded must not be compelled, without their consent, to surrender their bonds for payment or exchange before the date on which they are payable by maturity, option to redeem or otherwise, or if they are called for redemption before the date on which they are by their terms subject to redemption by option or otherwise.

      3.  All refunding bonds issued pursuant to this section must be payable solely from revenues and other money out of which the bonds to be refunded thereby are payable or from revenues out of which bonds of the same character may be made payable under this or any other law then in effect at the time of the refunding.

      4.  The Director of the Department of Business and Industry shall not issue refunding bonds unless, before the refinancing, the Director finds that issuance of refunding bonds will provide a lower cost of financing for the obligor or provide some other public benefit, but the findings, determinations and approval required by section 8.5 of this act are not required with respect to refunding bonds issued pursuant to this section.

      Sec. 10.  (Deleted by amendment.)

      Sec. 10.1. 1.  Except as otherwise provided in subsection 2, bonds and other securities issued pursuant to sections 2 to 22, inclusive, of this act, their transfer and the income produced by the bonds and other securities is and must forever be and remain free and exempt from taxation by this State or any political subdivision of this State.

 


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      2.  The provisions of subsection 1 do not apply to the tax on the transfers of taxable estates imposed by chapter 375A of NRS or the tax on generation-skipping transfers imposed by chapter 375B of NRS.

      Sec. 10.3. No action may be brought questioning the legality of any contract, lease, agreement, indenture, mortgage, order or bonds executed, adopted or taken in connection with any project or improvements authorized by sections 2 to 22, inclusive, of this act more than 30 days after the effective date of the order of the Director of the Department of Business and Industry authorizing the issuance of those bonds.

      Sec. 10.5. The faith of the State is hereby pledged that sections 2 to 22, inclusive, of this act will not be repealed, amended or modified to impair any outstanding bonds or any revenues pledged to their payment, or to impair, limit or alter the rights or powers vested in a charter school to acquire, finance, improve and equip a project in any way that would jeopardize the interest of any lessee, purchaser or other obligor, or to limit or alter the rights or powers vested in the Director of the Department of Business and Industry to perform any agreement made with any lessee, purchaser or other obligor, until all bonds have been discharged in full or provisions for their payment and redemption have been fully made.

      Sec. 10.7. 1.  Sections 2 to 22, inclusive, of this act, without reference to other statutes of this State, constitute full authority for the exercise of powers granted in those sections, including, without limitation, the authorization and issuance of bonds.

      2.  No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized by sections 2 to 22, inclusive, of this act, to be done, applies to any proceedings taken or acts done pursuant to those sections, except for laws to which reference is expressly made in those sections or by necessary implication of those sections.

      3.  The provisions of no other law, either general or local, except as provided in sections 2 to 22, inclusive, of this act, apply to the doing of the things authorized in those sections to be done, and no board, agency, bureau, commission or official not designated in those sections has any authority or jurisdiction over the doing of any of the acts authorized in those sections to be done, except as otherwise provided in those sections.

      4.  A project is not subject to any requirements relating to public buildings, structures, ground works or improvements imposed by the statutes of this State or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property is not applicable to any action taken pursuant to sections 2 to 22, inclusive, of this act, except that the provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for new construction, repair or reconstruction for which tentative approval for financing is granted on or after July 1, 2013, by the Director of the Department of Business and Industry for work to be done on a project.

      5.  Any bank or trust company located within or without this State may be appointed and act as a trustee with respect to bonds issued and projects financed pursuant to sections 2 to 22, inclusive, of this act without the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

 


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the necessity of associating with any other person or entity as cofiduciary, but such an association is not prohibited.

      6.  The powers conferred by sections 2 to 22, inclusive, of this act are in addition and supplemental to, and not in substitution for, and the limitations imposed by those sections do not affect, the powers conferred by any other law.

      7.  No part of sections 2 to 22, inclusive, of this act repeals or affects any other law or part thereof, except to the extent that those sections are inconsistent with any other law, it being intended that those sections provide a separate method of accomplishing its objectives, and not an exclusive one.

      8.  The Director of the Department of Business and Industry or a person designated by the Director may take any actions and execute and deliver any instruments, contracts, certificates and other documents, including the bonds, necessary or appropriate for the sale and issuance of the bonds or accomplishing the purposes of sections 2 to 22, inclusive, of this act without the assistance or intervention of any other officer.

      Secs. 11-22.  (Deleted by amendment.)

      Sec. 23. NRS 386.490 is hereby amended to read as follows:

      386.490  As used in NRS 386.490 to 386.610, inclusive, and sections 2 to 22, inclusive, of this act, the words and terms defined in NRS 386.495, 386.500 and 386.503 have the meanings ascribed to them in those sections.

      Secs. 24-27. (Deleted by amendment.)

      Sec. 28. NRS 386.5125 is hereby amended to read as follows:

      386.5125  The State Public Charter School Authority may employ such persons as it deems necessary to carry out the provisions of NRS 386.490 to 386.610, inclusive [.] , and sections 2 to 22, inclusive, of this act. The staff employed by the State Public Charter School Authority must be qualified to carry out the daily responsibilities of sponsoring charter schools in accordance with the provisions of NRS 386.490 to 386.610, inclusive [.] , and sections 2 to 22, inclusive, of this act.

      Sec. 29. NRS 386.536 is hereby amended to read as follows:

      386.536  1.  [Except as otherwise provided in subsections 2 and 3, if] If a charter school ceases to operate voluntarily or upon revocation of its written charter, the governing body of the charter school shall [appoint] :

      (a) Give written notice of the closure to:

             (1) The sponsor of the charter school, unless the closure results from the revocation of the written charter;

             (2) The Director of the Department of Business and Industry;

             (3) The board of trustees of the school district in which the charter school is located, unless the board of trustees is the sponsor of the charter school and the closure results from the revocation of the written charter;

             (4) The Department;

             (5) The parents or legal guardians of the pupils enrolled in the charter school; and

             (6) The creditors of the charter school;

      (b) Except as otherwise provided in subsections 4 and 5, appoint an administrator of the charter school, subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure [.] ;

      (c) As soon as practicable, develop and present to the sponsor of the charter school a written plan for the closure of the charter school;

 


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      (d) Maintain an office at the charter school or elsewhere, with regular hours of operation and voice messaging stating the hours of operation;

      (e) Maintain existing insurance coverage in force for the period required by the sponsor of the charter school;

      (f) Conduct a financial audit and an inventory of all the assets of the charter school and cause a written report of the audit and inventory to be prepared for the sponsor of the charter school and the Department;

      (g) Prepare a written list of the creditors of the charter school, identifying secured creditors and the assets in which those creditors have a security interest;

      (h) Supply any information or documents required by the sponsor of the charter school; and

      (i) Protect all the assets of the charter school from theft, misappropriation, deterioration or other loss.

      2.  The notice of the closure required by subsection 1 must include:

      (a) The date of closure;

      (b) A statement of the plan of the charter school to assist pupils to identify and transfer to another school; and

      (c) The telephone number, mailing address and physical address of the office required by subsection 1.

      3.  The administrator appointed pursuant to subsection 1 shall carry out the duties prescribed for the governing body of the charter school by paragraphs (c) to (i), inclusive, of subsection 1 if the governing body ceases to exists or is otherwise unable to perform those duties and shall assume the responsibility for the records of the:

      (a) Charter school;

      (b) Employees of the charter school; and

      (c) Pupils enrolled in the charter school.

      [2.]4.  If an administrator for the charter school is no longer available to carry out the duties set forth in subsection [1,] 3, the governing body of the charter school shall appoint a qualified person to assume those duties.

      [3.]5.  If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection [2,] 4, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection [1.] 3.

      [4.]6.  In addition to performing the duties set forth in subsection 3, the administrator appointed by the governing body of the charter school or the sponsor, or the qualified person appointed to carry out the duties of the administrator, shall:

      (a) Cause to be paid and discharged all the liabilities and obligations of the charter school to the extent of the charter school’s assets;

      (b) Terminate any lease, service agreement or any other contract of the charter school that is not necessary to complete the closure of the charter school;

      (c) Supply any information or documents required by the sponsor of the charter school; and

      (d) After the financial affairs of the charter school have been wound up and the closure of the charter school has otherwise been completed, cause a financial audit to be prepared and cause a written report of the audit to be prepared for the sponsor of the charter school and the Department.

 


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      7.  The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.

      Sec. 30. NRS 386.553 is hereby amended to read as follows:

      386.553  A charter school [shall] :

      1.  Shall not operate for profit.

      2.  May be incorporated as a nonprofit corporation pursuant to the provisions of chapter 82 of NRS.

      Sec. 31. NRS 386.560 is hereby amended to read as follows:

      386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or in which a pupil enrolled in the charter school resides or with the Nevada System of Higher Education for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to NRS 386.561 before the provision of such services.

      2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

      3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

      4.  A charter school may:

      (a) Acquire by construction, purchase, devise, gift, exchange or lease, or any combination of those methods, and construct, reconstruct, improve, maintain, equip and furnish any building, structure or property to be used for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities and lands;

      (b) Mortgage, pledge or otherwise encumber all or any part of its property or assets;

      (c) Borrow money and otherwise incur indebtedness; and

      (d) Use public money to purchase real property or buildings with the approval of the sponsor.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

 


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

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

      [5.]6.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in sports at the public school that he or she would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

      (a) Space is available for the pupil to participate; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

Ê If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

      [6.]7.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections [4 and] 5 and 6 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      Sec. 32. NRS 386.562 is hereby amended to read as follows:

      386.562  1.  A contract or a proposed contract between a charter school or a proposed charter school and a contractor or an educational management organization must not:

      (a)Give to the contractor or educational management organization direct control of educational services, financial decisions, the appointment of members of the governing body, or the hiring and dismissal of an administrator or financial officer of the charter school or proposed charter school;

      (b) Authorize the payment of loans, advances or other monetary charges from the contractor or educational management organization which are greater than 15 percent of the total expected funding received by the charter school or proposed charter school from the State Distributive School Account;

      (c) Require the charter school or proposed charter school to prepay any fees to the contractor or educational management organization;

      (d) Require the charter school or proposed charter school to pay the contractor or educational management organization before the payment of other obligations of the charter school or proposed charter school during a period of financial distress;

 


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      (e) Allow a contractor or educational management organization to cause a delay in the repayment of a loan or other money advanced by the contractor or educational management organization to the charter school or proposed charter school, which delay would increase the cost to the charter school or proposed charter school of repaying the loan or advance;

      (f) Require the charter school or proposed charter school to enroll a minimum number of pupils for the continuation of the contract between the charter school or proposed charter school and the contractor or educational management organization;

      (g) Require the charter school or proposed charter school to request or borrow money from this State to pay the contractor or educational management organization if the contractor or educational management organization will provide financial management to the charter school or proposed charter school;

      (h) Contain a provision which restricts the ability of the charter school or proposed charter school to borrow money from a person or entity other than the contractor or educational management organization;

      (i) Provide for the allocation to the charter school or proposed charter school of any indirect cost incurred by the contractor or educational management organization;

      (j) Authorize the payment of fees to the contractor or educational management organization which are not attributable to the actual services provided by the contractor or educational management organization;

      (k) Allow any money received by the charter school or proposed charter school from this State or from the board of trustees of a school district to be transferred to or deposited in a bank, credit union or other financial institution outside this State, including money controlled by the contractor or educational management organization; or

      (l) Except as otherwise provided in this paragraph, provide incentive fees to the contractor or educational management organization. A contract or a proposed contract may provide to the contractor or educational management organization incentive fees that are based on the academic improvement of pupils enrolled in the charter school.

      2.  As used in this section, “contractor” or “educational management organization” means a corporation, business, organization or other entity, whether or not conducted for profit, with whom a committee to form a charter school or the governing body of a charter school, as applicable, contracts to assist with the operation, management or provision and implementation of educational services and programs of the charter school or proposed charter school. The term includes a corporation, business, organization or other entity that directly employs and provides personnel to a charter school or proposed charter school.

      Sec. 33. 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.

 


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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. The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information about all sources of funding for the public schools provided through the Department, including local funds pursuant to NRS 387.1235.

      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 an account with 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 each school quarter, the Superintendent of Public Instruction shall pay to the sponsor of a charter school one-quarter of the yearly sponsorship fee for the administrative costs associated with sponsorship for that school quarter, which must be deducted from the quarterly apportionment to the charter school made pursuant to NRS 387.124. Except as otherwise provided in subsection 4, the yearly sponsorship fee for the sponsor of a charter school must be in an amount of money not to exceed 2 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124.

      4.  If the governing body of a charter school satisfies the requirements of this subsection, the governing body may submit a request to the sponsor of the charter school for approval of a sponsorship fee in an amount that is less than 2 percent but at least 1 percent of the total amount of money apportioned to the charter school during the school year pursuant to NRS 387.124. The sponsor of the charter school shall approve such a request if the sponsor of the charter school determines that the charter school satisfies the requirements of this subsection. If the sponsor of the charter school approves such a request, the sponsor shall provide notice of the decision to the governing body of the charter school and the Superintendent of Public Instruction. If the sponsor of the charter school denies such a request, the governing body of the charter school may appeal the decision of the sponsor to the Superintendent of Public Instruction. Upon appeal, the sponsor of the charter school and the governing body of the charter school are entitled to present evidence. The decision of the Superintendent of Public Instruction on the appeal is final and is not subject to judicial review. The governing body of a charter school may submit a request for a reduction of the sponsorship fee pursuant to this subsection if:

      (a) The charter school satisfies the requirements of subsection 1 of NRS 386.5515; and

      (b) There has been a decrease in the duties of the sponsor of the charter school that justifies a decrease in the sponsorship fee.

      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.

 


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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.

      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.

      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 Public Charter School Authority 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.

      [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. 34. NRS 386.575 is hereby amended to read as follows:

      386.575  1.  If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, [the governing body of the charter school shall make an assignment of all] any real property [and] or other property [of the charter school to the State of Nevada for the repayment of all money received] held by the charter school [from this state for the operation of the charter school during that year. The governing body shall make full settlement with this state for such repayment, and the State may take any lawful action necessary to recover the money.] must be disposed of as provided in NRS 386.536.

      2.  If a charter school files a voluntary petition of bankruptcy or is declared bankrupt during a school year, neither the State of Nevada nor the sponsor of the charter school may be held liable for any claims resulting from the bankruptcy.

      Sec. 35. NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, and pupils who are enrolled in a university school for profoundly gifted pupils located in the county, for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

 


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      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      (e) Children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

      (f) Pupils who are enrolled in classes pursuant to subsection [4] 5 of NRS 386.560 and pupils who are enrolled in classes pursuant to subsection 5 of NRS 386.580.

      (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

      (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

      2.  The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the State Board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days, or its equivalent for those public schools operating under an alternative schedule authorized pursuant to NRS 388.090.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

      3.  Except as otherwise provided in subsection 4 and NRS 388.700, the State Board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this State which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

Ê If the Superintendent of Public Instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless the Superintendent finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the Superintendent shall, with the approval of the State Board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the State Board may direct the Superintendent to withhold the quarterly apportionment entirely.

      4.  The provisions of subsection 3 do not apply to a charter school, a university school for profoundly gifted pupils or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

 


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      Sec. 36. NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full-time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

 


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             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection [4] 5 of NRS 386.560, subsection 5 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

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

      2.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the largest number from among the immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is more than 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger enrollment number from the current year or the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 2 or 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      5.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      6.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      7.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 37. (Deleted by amendment.)

      Sec. 38.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 1606ê

 

CHAPTER 336, SB 399

Senate Bill No. 399–Senator Kihuen

 

CHAPTER 336

 

[Approved: June 1, 2013]

 

AN ACT relating to special fuels; prohibiting certain conduct related to the sale of biodiesel, biomass-based diesel or biomass-based diesel blend that does not conform to certain specifications; amending the definition of “biodiesel” and defining “biomass-based diesel” and “biomass-based diesel blend” for the purpose of provisions relating to taxes imposed on special fuels; amending the definition of “special fuel” for the purpose of provisions relating to taxes imposed on special fuels; revising the conversion factor of compressed natural gas for purposes of the taxation of the sale or use of compressed natural gas; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that it is a misdemeanor to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture. (NRS 590.070, 590.150) Section 1 of this bill provides that it is also a misdemeanor to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale biodiesel, biomass-based diesel or biomass-based diesel blend that does not conform to certain standards.

      Under existing law, special fuels, which include, without limitation, biodiesel, biodiesel blend and an emulsion of water-phased hydrocarbon fuel, are taxed at the rate of 27 cents per gallon. (NRS 366.060, 366.190) Sections 2.5 and 3 of this bill specify that diesel, biomass-based diesel, biomass-based diesel blend, liquefied natural gas and kerosene are among the combustible gases or liquids taxed as special fuels at the rate of 27 cents per gallon, as is any product used in lieu of or blended with the combustible gas or liquid.

      Existing law defines “biodiesel” as any fuel composed of mono-alkyl esters of long-chain fatty acids or any other fuel sold or labeled as biodiesel which is suitable for use as a fuel in a motor vehicle. (NRS 366.022) Biodiesel fuels are considered “special fuels” for the purpose of taxes imposed on fuels. (NRS 366.060, 366.190) Section 2 of this bill revises the definition of “biodiesel” to provide that a fuel composed of mono-alkyl esters of long-chain fatty acids derived from plant or animal matter and conforming to certain standards is a biodiesel for the purposes of taxes imposed on special fuel.

      Section 3.5 of this bill amends the factor for conversion of volumetric measurement for purposes of taxing the sale or use of compressed natural gas.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 590.070 is hereby amended to read as follows:

      590.070  1.  The State Board of Agriculture shall adopt by regulation specifications for motor vehicle fuel:

 


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ê2013 Statutes of Nevada, Page 1607 (Chapter 336, SB 399)ê

 

      (a) Based upon scientific evidence which demonstrates that any motor vehicle fuel which is produced in accordance with the specifications is of sufficient quality to ensure appropriate performance when used in a motor vehicle in this State; or

      (b) Proposed by an air pollution control agency to attain or maintain national ambient air quality standards in any area of this State. As used in this paragraph, “air pollution control agency” means any federal air pollution control agency or any state, regional or local agency that has the authority pursuant to chapter 445B of NRS to regulate or control air pollution or air quality in any area of this State.

      2.  The State Board of Agriculture shall adopt by regulation procedures for allowing variances from the specifications for motor vehicle fuel adopted pursuant to this section.

      3.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, assist in the sale of, deliver or permit to be sold or offered for sale [, any] :

      (a) Any petroleum or petroleum product as, or purporting to be, motor vehicle fuel, unless it conforms with the regulations adopted by the State Board of Agriculture pursuant to this section.

      (b) Any biodiesel unless it meets the registration requirements for fuels and fuel additives of 40 C.F.R. Part 79 and the requirements of ASTM Standard D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”

      (c) Any biomass-based diesel or biomass-based diesel blend unless it meets the registration requirements for fuels and fuel additives established by the Administrator of the Environmental Protection Agency pursuant to 42 U.S.C. § 7545.

      4.  This section does not apply to aviation fuel.

      5.  In addition to any criminal penalty that is imposed pursuant to the provisions of NRS 590.150, any person who violates any provision of this section may be further punished as provided in NRS 590.071.

      6.  As used in this section:

      (a) “Biodiesel” means a fuel that is composed of mono-alkyl esters of long-chain fatty acids derived from plant or animal matter.

      (b) “Biomass-based diesel” means a diesel fuel substitute that is produced from nonpetroleum renewable resources, such as fuel derived from animal wastes, including, without limitation, poultry fats, poultry wastes and other waste materials, or from municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. The term does not include biodiesel.

      (c) “Biomass-based diesel blend” means a blend of any biomass-based diesel and any petroleum-based product that is suitable for use as a motor vehicle fuel.

      Sec. 1.2. Chapter 366 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 and 1.6 of this act.

      Sec. 1.4.“Biomass-based diesel” means a diesel fuel substitute that is produced from nonpetroleum renewable resources and meets the registration requirements for fuels and fuel additives established by the Administrator of the United States Environmental Protection Agency pursuant to 42 U.S.C. § 7545, such as fuel derived from animal wastes, including, without limitation, poultry fats, poultry wastes and other waste materials, or from municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater.

 


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ê2013 Statutes of Nevada, Page 1608 (Chapter 336, SB 399)ê

 

materials, or from municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater. The term does not include biodiesel.

      Sec. 1.6.“Biomass-based diesel blend” means a blend of any biomass-based diesel and any petroleum-based product that is suitable for use as a motor vehicle fuel.

      Sec. 1.8. NRS 366.020 is hereby amended to read as follows:

      366.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 366.022 to 366.100, inclusive, and sections 1.4 and 1.6 of this act have the meanings ascribed to them in those sections.

      Sec. 2. NRS 366.022 is hereby amended to read as follows:

      366.022  “Biodiesel” means a fuel that is composed of mono-alkyl esters of long-chain fatty acids [or any other fuel sold or labeled as biodiesel which is suitable for use as a fuel in a motor vehicle.] derived from plant or animal matter and that meets the registration requirements for fuels and fuel additives of 40 C.F.R. Part 79 and the requirements of ASTM Standard D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”

      Sec. 2.5. NRS 366.060 is hereby amended to read as follows:

      366.060  “Special fuel” means any combustible gas or liquid used for the generation of power for the propulsion of motor vehicles, including, without limitation, diesel, biodiesel, biodiesel blend [and] , biomass-based diesel, biomass-based diesel blend, liquefied natural gas, an emulsion of water-phased hydrocarbon fuel [.] or kerosene or any other product used in lieu of or blended with the combustible gas or liquid. The term does not include motor vehicle fuel as defined in chapter 365 of NRS.

      Sec. 3.  NRS 366.190 is hereby amended to read as follows:

      366.190  1.  Except as otherwise provided in subsection 2, a tax is hereby imposed at the rate of 27 cents per gallon on the sale or use of special fuels [.] , including, without limitation:

      (a) Diesel;

      (b) Biodiesel;

      (c) Biodiesel blend;

      (d) Biomass-based diesel;

      (e) Biomass-based diesel blend; and

      (f) Liquefied natural gas.

      2.  A tax is hereby imposed at:

      (a) The rate of 19 cents per gallon on the sale or use of an emulsion of water-phased hydrocarbon fuel;

      (b) The rate of 22 cents per gallon on the sale or use of liquefied petroleum gas; and

      (c) The rate of 21 cents per gallon on the sale or use of compressed natural gas.

      Sec. 3.5. NRS 366.197 is hereby amended to read as follows:

      366.197  For the purpose of taxing the sale or use of [compressed] :

      1.  Compressed natural gas [or liquefied] , 126.67 cubic feet of natural gas or 5.660 pounds of natural gas shall be deemed to equal 1 gallon of special fuel.

      2.  Liquefied petroleum gas, 125 cubic feet of natural gas or liquefied petroleum gas shall be deemed to equal 1 gallon of special fuel.

 


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ê2013 Statutes of Nevada, Page 1609 (Chapter 336, SB 399)ê

 

      Sec. 4.  This act becomes effective 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 on January 1, 2014, for all other purposes.

________

CHAPTER 337, SB 405

Senate Bill No. 405–Senators Smith, Denis, Roberson, Woodhouse, Spearman; and Atkinson

 

Joint Sponsors: Assemblymen Kirkpatrick; and Sprinkle

 

CHAPTER 337

 

[Approved: June 1, 2013]

 

AN ACT relating to governmental administration; requiring the Director of the Legislative Counsel Bureau to develop biennial recommendations for the elimination of the requirement to submit certain obsolete and redundant reports to the Legislature; repealing provisions which require the submission of a report to the Director and certain other persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires various state and local officers and agencies to submit reports to the Legislative and Executive Departments of the State Government. Sections 2-38 and 39 of this bill eliminate the requirement for the submission of certain obsolete and redundant reports.

      In addition, section 1 of this bill requires the Director of the Legislative Counsel Bureau to review existing law and develop recommendations for the elimination or revision of any other provisions that require submission of obsolete and redundant reports. Section 1 further requires: (1) the recommendations to be presented biennially to the Legislative Commission; and (2) the Legislative Commission, as it deems appropriate, to request the preparation of a bill draft to facilitate the recommendations.

      During this session, the Legislature passed Assembly Bill No. 350, which requires the Legislative Commission to review certain requirements in existing law for submitting reports to the Legislature and to determine whether such requirements should be repealed, revised or continued. Section 38.5 of this bill amends A.B. 350 to require the Legislative Commission to consider, in addition to other criteria, the recommendations made by the Director pursuant to section 1 of this bill regarding the elimination or revision of requirements in existing law for submitting reports to the Legislature.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall develop recommendations for the:

      (a) Elimination of any requirements to submit obsolete or redundant reports to the Legislature; and

 


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ê2013 Statutes of Nevada, Page 1610 (Chapter 337, SB 405)ê

 

      (b) Revision of any requirements for reporting to reduce the frequency or to change the due dates, or any other revision of the requirements deemed appropriate by the Director.

      2.  In developing the recommendations required pursuant to subsection 1, the Director shall consider:

      (a) The length of time the requirement has been in existence and whether the requirement remains relevant;

      (b) The ability of the Legislature and the public to obtain the information provided in a report from another source; and

      (c) Any other criteria determined by the Director to be appropriate.

      3.  The Director’s recommendations, if any, must be:

      (a) Presented to the Legislative Commission on or before July 1 of each even-numbered year; and

      (b) Considered by the Legislative Commission when it conducts its review pursuant to section 1 of Assembly Bill No. 350 of this session of the requirements in state legislation for submitting such reports to the Legislature.

      4.  Based on the Director’s recommendations and its review pursuant to section 1 of Assembly Bill No. 350 of this session, the Legislative Commission shall, as it deems appropriate:

      (a) Make recommendations to the Legislature regarding whether the requirements in state legislation for submitting such reports to the Legislature should be repealed, revised or continued; and

      (b) Request the drafting of a legislative measure pursuant to NRS 218D.160 to facilitate its recommendations.

      Sec. 2. NRS 3.475 is hereby amended to read as follows:

      3.475  1.  In a county whose population is 700,000 or more, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases that involve the custody or visitation of a child.

      2.  The program must:

      (a) Require the impartial mediation of the issues of custody and visitation and authorize the impartial mediation of any other nonfinancial issue deemed appropriate by the court.

      (b) Authorize the court to exclude a case from the program for good cause shown, including, but not limited to, a showing that:

             (1) There is a history of child abuse or domestic violence by one of the parties;

             (2) The parties are currently participating in private mediation; or

             (3) One of the parties resides outside of the jurisdiction of the court.

      (c) Provide standards for the training of the mediators assigned to cases, including, but not limited to:

             (1) Minimum educational requirements, which must not be restricted to any particular professional or educational training;

             (2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

             (3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

             (4) Minimum requirements for continuing education; and

             (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

 


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ê2013 Statutes of Nevada, Page 1611 (Chapter 337, SB 405)ê

 

      (d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the dispute was resolved.

      (e) Establish a sliding schedule of fees for participation in the program based on the ability of a party to pay.

      (f) Provide for the acceptance of gifts and grants offered in support of the program.

      (g) Allow the court to refer the parties to a private mediator.

      3.  The costs of the program must be paid from the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the county general fund.

      4.  [The court shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature on or before March 1 of each odd-numbered year that must include:

      (a) A summary of the number and types of cases mediated and resolved by the program during the previous biennium;

      (b) The fees collected by the program and any gifts or grants received by the court to support the program; and

      (c) Suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.

      5.]  This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.

      Sec. 3. NRS 3.500 is hereby amended to read as follows:

      3.500  1.  In a county whose population is 100,000 or more and less than 700,000, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases which involve the custody or visitation of a child. A district court in a county whose population is less than 100,000 may establish such a program in the same manner for use in that county. The district courts in two or more counties whose populations are less than 100,000 may establish such a program in the same manner for use in the counties in which the courts are located.

      2.  The program must:

      (a) Require the impartial mediation of the issues of custody and visitation and any other nonfinancial issue deemed appropriate by the court.

      (b) Allow the court to exclude a case from the program for good cause shown, including a showing of a history of child abuse or domestic violence by one of the parties, ongoing private mediation or residency of one of the parties out of the jurisdiction of the court.

      (c) Provide standards for the training of the mediators assigned to cases pursuant to the rule, including but not limited to:

             (1) Minimum educational requirements, which may not be restricted to any particular professional or educational training;

             (2) Minimum requirements for training in the procedural aspects of mediation and the interpersonal skills necessary to act as a mediator;

             (3) A minimum period of apprenticeship for persons who have not previously acted as domestic mediators;

             (4) Minimum requirements for continuing education; and

             (5) Procedures to ensure that potential mediators understand the high standard of ethics and confidentiality related to their participation in the program.

      (d) Prohibit the mediator from reporting to the court any information about the mediation other than whether the mediation was successful or not.

 


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ê2013 Statutes of Nevada, Page 1612 (Chapter 337, SB 405)ê

 

      (e) Establish a sliding schedule of fees for participation in the program based on the client’s ability to pay.

      (f) Provide for the acceptance of gifts and grants offered in support of the program.

      (g) Allow the court to refer the parties to a private mediator for assistance in resolving the issues.

      3.  The costs of the program must be paid from the account for dispute resolution in the county general fund. All fees, gifts and grants collected pursuant to this section must be deposited in the account.

      4.  [The district court in any county which has established a program pursuant to this section shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature on or before March 1 of each odd-numbered year. If two or more district courts establish such a program, only one of those courts is required to submit such a report for that program. The report must include a summary of the number and type of cases mediated and resolved by the program during the previous biennium, the fees collected by the program and any gifts or grants received by the court or courts to support the program. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the program.

      5.]  This section does not prohibit a court from referring a financial or other issue to a special master or other person for assistance in resolving the dispute.

      Sec. 4. NRS 62E.720 is hereby amended to read as follows:

      62E.720  1.  The juvenile court may order a delinquent child to participate in a program of visitation to the office of the county coroner that is established pursuant to this section.

      2.  In determining whether to order the child to participate in such a program, the juvenile court shall consider whether the unlawful act committed by the child involved the use or threatened use of force or violence against the child or others or demonstrated a disregard for the safety or well-being of the child or others.

      3.  The juvenile court may establish a program of visitation to the office of the county coroner in cooperation with the coroner of the county pursuant to this section.

      4.  Before a delinquent child may participate in a program of visitation, the parent or guardian of the child must provide to the juvenile court on a form provided by the juvenile court:

      (a) Written consent for the child to participate in the program of visitation; and

      (b) An executed release of liability for any act or omission, not amounting to gross negligence or willful misconduct of the juvenile court, the county coroner, or any other person administering or conducting a program of visitation, that causes personal injury or illness of the child during the period in which the child participates in the program of visitation.

      5.  A program of visitation must include, but is not limited to:

      (a) A visit to the office of the county coroner at times and under circumstances determined by the county coroner.

      (b) A course to instruct the child concerning:

             (1) The consequences of the child’s actions; and

             (2) An awareness of the child’s own mortality.

 


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      (c) An opportunity for each participant in a program of visitation to evaluate each component of the program.

      6.  The juvenile court may order the child, or the parent or guardian of the child, or both, to pay a fee of not more than $45 based on the ability of the child or the parent or guardian of the child, or both, to pay for the costs associated with the participation of the child in the program of visitation.

      [7.  If the juvenile court establishes a program of visitation pursuant to this section, the juvenile court shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding the effect of the program on the incidence of juvenile crime and the rate of recidivism.]

      Sec. 5. NRS 223.500 is hereby amended to read as follows:

      223.500  As used in NRS 223.500 to [223.580,] 223.575, inclusive, unless the context otherwise requires, the words and terms defined in NRS 223.505 to 223.535, inclusive, have the meanings ascribed to them in those sections.

      Sec. 6. NRS 223.540 is hereby amended to read as follows:

      223.540  The provisions of NRS 223.085 do not apply to the provisions of NRS 223.500 to [223.580,] 223.575, inclusive.

      Sec. 7. NRS 223.550 is hereby amended to read as follows:

      223.550  1.  The Office for Consumer Health Assistance is hereby established in the Department of Health and Human Services. The Director shall appoint the Governor’s Consumer Health Advocate to head the Office. The Advocate must:

      (a) Be selected on the basis of his or her training, experience, capacity and interest in health-related services.

      (b) Be a graduate of an accredited college or university. The Director shall, to the extent practicable, give preference to a person who has a degree in the field of health, social science, public administration or business administration or a related field.

      (c) Have not less than 3 years of experience in the administration of health care or insurance programs.

      (d) Have expertise and experience in the field of advocacy.

      2.  The cost of carrying out the provisions of NRS 223.500 to [223.580,] 223.575, inclusive, must be paid as follows:

      (a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.

      (b) That portion of the cost related to the operation of the Bureau for Hospital Patients created pursuant to NRS 223.575 must be paid from the assessments levied pursuant to that section.

      (c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.

      (d) That portion of the cost related to providing assistance to consumers in need of information concerning purchasing prescription drugs from Canadian pharmacies may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.

 


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      (e) The remaining cost must be provided by direct legislative appropriation from the State General Fund and be paid out on claims as other claims against the State are paid.

      Sec. 8. NRS 223.560 is hereby amended to read as follows:

      223.560  1.  The Advocate shall:

      (a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      (b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      (c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

             (1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

             (2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      (d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;

      (e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      (f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;

      (g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;

      (h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;

      (i) Establish and maintain an Internet website which includes:

             (1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;

             (2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

             (3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State; and

      (j) Assist consumers with filing complaints against health care facilities and health care professionals. As used in this subsection, “health care facility” has the meaning ascribed to it in NRS 162A.740.

 


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      2.  The Advocate may adopt regulations to carry out the provisions of NRS 223.560 to [223.580,] 223.575, inclusive.

      Sec. 9. NRS 223.570 is hereby amended to read as follows:

      223.570  1.  The Advocate, within the limits of available money:

      (a) Shall, to carry out the provisions of this section and NRS 223.560 , [and 223.580,] employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

      (b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:

             (1) Such persons in the unclassified service of the State as the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560 , [and 223.580,] including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

             (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560 , [and 223.580,] who must be in the classified service of the State.

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Advocate employs that person.

      2.  The Advocate may:

      (a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560 . [and 223.580.]

      (b) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to paragraphs (h) and (i) of subsection 1 of NRS 223.560.

      3.  The Advocate and the Advocate’s employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560 . [and 223.580.] For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Advocate or employee, or any person affiliated with the Advocate or employee:

      (a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;

      (b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;

      (c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or

      (d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.

      Sec. 10. NRS 223.575 is hereby amended to read as follows:

      223.575  1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance.

 

 


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      2.  The Advocate:

      (a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.

      (b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

      [(c) On or before February 1 of each year, shall submit a written report to the Governor, and to the Director of the Legislative Counsel Bureau concerning the activities of the Bureau for Hospital Patients for transmittal to the appropriate committee or committees of the Legislature. The report must include, without limitation, the number of complaints received by the Bureau, the number and type of disputes heard, mediated, arbitrated or resolved through alternative means of dispute resolution by the Advocate and the outcome of the mediation, arbitration or alternative means of dispute resolution.]

      3.  The Advocate or the Advocate’s designee may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Advocate or the Advocate’s designee may decline to hear a case that in the Advocate’s opinion is trivial, without merit or beyond the scope of his or her jurisdiction. The Advocate or the Advocate’s designee may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

      (a) The accuracy or amount of charges billed to a patient;

      (b) The reasonableness of arrangements made for a patient to pay any bill for medical services, including, without limitation, arrangements to pay hospital bills made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

      (c) Such other matters related to the charges for care provided to a patient as the Advocate or the Advocate’s designee determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

Ê The Advocate’s designee must be an employee of the State and, except for the purposes of this subsection, must not be employed by, or otherwise associated with, the Bureau or the Office for Consumer Health Assistance.

      4.  The decision of the Advocate or the Advocate’s designee is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Advocate shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.

      7.  The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

 


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      Sec. 11. NRS 232.354 is hereby amended to read as follows:

      232.354  1.  The Department, with respect to the State Plan for Medicaid and the Children’s Health Insurance Program, shall report every rate of reimbursement for physicians which is provided on a fee-for-service basis and which is lower than the rate provided on the current Medicare fee schedule for care and services provided by physicians.

      2.  The Director shall post on an Internet website maintained by the Department a schedule of such rates of reimbursement.

      [3.  The Director shall, on or before February 1 of each year, submit a report concerning the schedule of such rates of reimbursement to the Director of the Legislative Counsel Bureau for transmittal to the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.]

      Sec. 12. NRS 233G.040 is hereby amended to read as follows:

      233G.040  The Council shall:

      1.  Develop programs for the education of children and adults in issues relating to the Holocaust, make reports and advise public and private bodies throughout the State on matters relevant to education concerning the Holocaust.

      2.  Develop programs to raise money for the use of the Council in carrying out its duties. Any money raised by the Council pursuant to this subsection must be accounted for separately in the State General Fund and is authorized for expenditure by the Council in carrying out its duties.

      [3.  On or before January 1 of each odd-numbered year, submit a report which describes the programs that the Council has developed and expenditures that it has made to the Superintendent of Public Instruction and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission.]

      Sec. 13. NRS 233I.050 is hereby amended to read as follows:

      233I.050  The Commission shall meet at the call of the Chair as frequently as required to perform its duties, but no less than quarterly. A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those present at any meeting is sufficient for any official action taken by the Commission. [The Commission shall, on or before January 31 of each year, submit a report to the Governor and the Legislature, or if the Legislature is not in session, to the Legislative Commission, summarizing the Commission’s activities, needs and recommendations.]

      Sec. 14. NRS 237.180 is hereby amended to read as follows:

      237.180  1.  The agencies of this State, and the local governments within this State, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the Department of Taxation, the Employment Security Division of the Department of Employment, Training and Rehabilitation, the State Department of Conservation and Natural Resources, and the counties and cities that require a business license.

      2.  On or before October 1 of each year, the Executive Director of the Department of Taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license.

 


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appropriate officers of the cities and counties that require a business license. The Secretary of State, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If the Executive Director knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, the Executive Director shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The Administrator of the Division of Enterprise Information Technology Services of the Department of Administration shall assist in effecting the consolidation of the information and the creation of the forms.

      3.  The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada Tax Commission for a decision that is binding on all parties.

      4.  [On or before February 15 of each year, the Executive Director of the Department of Taxation shall submit a report to the Director of the Legislative Counsel Bureau for presentation to the Legislature. The report must include a summary of the annual meeting held during the immediately preceding year and any recommendations for proposed legislation.

      5.]  The provisions of chapter 241 of NRS apply to a meeting held pursuant to this section. The Executive Director of the Department of Taxation shall provide members of the staff of the Department of Taxation to assist in complying with the requirements of chapter 241 of NRS.

      Sec. 15. NRS 244.1607 is hereby amended to read as follows:

      244.1607  1.  The board of county commissioners:

      (a) In a county whose population is 100,000 or more shall establish a neighborhood justice center.

      (b) In a county whose population is less than 100,000 may establish a neighborhood justice center.

Ê A neighborhood justice center must be closely modeled after the program established by the American Bar Association for multi-door courthouses for the resolution of disputes.

      2.  Except as otherwise provided in subsection 3, a neighborhood justice center must provide, at no charge:

      (a) A forum for the impartial mediation of minor disputes including, but not limited to, disputes between landlord and tenant, neighbors, family members, local businesses and their customers, hospitals and their patients, and governmental agencies and their clients, except where prohibited by federal law.

      (b) A system of providing information concerning the resolution of disputes and the services available in the community.

      (c) An efficient and effective referral system which assists in the resolution of disputes and otherwise guides the client to the appropriate public or private agency to assist in the resolution of the particular dispute, including referrals to the justices of the peace, municipal courts, lawyer referral systems, legal aid services, district attorney, city attorneys, district courts, mental health services, other alternative methods of resolving disputes and other governmental and private services.

 


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      3.  A board of county commissioners that has established a neighborhood justice center may authorize the center to charge a fee for:

      (a) Services which are provided relating to the resolution of complex cases; and

      (b) Training provided by the center.

      4.  A neighborhood justice center must be supported from the money in the account for dispute resolution in the county general fund and any gifts or grants received by the county for the support of the center.

      [5.  A board of county commissioners that has established a neighborhood justice center shall submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature on or before March 1 of each odd-numbered year. The report must include a summary of the number and type of cases mediated, referred and resolved by the center during the previous biennium. The report must also contain suggestions for any necessary legislation to improve the effectiveness and efficiency of the center.]

      Sec. 16. NRS 244.406 is hereby amended to read as follows:

      244.406  1.  Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

      2.  The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the Executive Director for Veterans Services pursuant to subsection 8 of NRS 417.090 for the support of the office.

      3.  The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the Health Division of the Department of Health and Human Services for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the Health Division of the Department of Health and Human Services and which benefit or result in cost avoidance for the Health Division.

      [4.  The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.]

      Sec. 17. NRS 319.140 is hereby amended to read as follows:

      319.140  1.  The Division shall administer the provisions of this chapter. The Administrator may adopt, amend or rescind regulations, consistent with the provisions of this chapter, appropriate to carry out its purposes.

      2.  The Administrator may make copies of all proceedings and other records and documents of the Division and issue certificates under the seal of the Division to the effect that the copies are true copies, and all persons dealing with the Division may rely upon such certificates.

      3.  The Division has perpetual succession, subject to termination in accordance with statute, and may:

 


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      (a) Sue and be sued in its own name, subject to chapter 41 of NRS;

      (b) Adopt an official seal and alter the same at the pleasure of the Division;

      (c) Maintain such offices at any place or places within the State as it determines necessary to carry out the provisions of this chapter;

      (d) Maintain records, proceedings and documents of the Division, subject to chapters 239, 239A and 239B of NRS;

      (e) Develop or purchase, lease or otherwise acquire one or more information systems that the Division determines are necessary or convenient for the exercise of its powers and duties pursuant to this chapter and acquire any consulting, support or other service for such information systems;

      (f) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions pursuant to this chapter with any governmental agency, private corporation or other entity, or natural person;

      (g) Enter into agreements or other transactions with, and accept grants from and cooperate with, any governmental agency or other source in furtherance of the purposes of this chapter;

      (h) Acquire real or personal property or any interest therein, by gift, purchase, foreclosure, deed in lieu of foreclosure, lease, option or otherwise;

      (i) Hold, sell, assign, lease, encumber, mortgage, release or otherwise dispose of any real or personal property or any interest therein, by public or private sale, with or without public bidding, notwithstanding any other provision of law;

      (j) Employ or contract for the services of attorneys, accountants, financial experts and any other advisers, employees, consultants and agents as the Administrator may determine to be necessary;

      (k) Create or cause to be created legal entities, including nonprofit corporations, grantor trusts and other legal entities, which the Division determines are necessary or convenient for the exercise of its powers and duties pursuant to this chapter, provided, however, that the issuance of bonds, notes or other evidence of indebtedness by any legal entity controlled by the Division is subject to the approval of the State Board of Finance;

      (l) Provide advice, technical information, training and educational services related to the development of housing, building technologies and related fields;

      (m) Conduct research, make grants, and promote the development of housing, building technologies and related fields; and

      (n) Do any and all things necessary or appropriate to carry out its purposes and exercise the powers expressly granted pursuant to this chapter.

      4.  [Before September 1 of each even-numbered year, the Division shall submit a report of its activities for the biennium ending June 30 of that year to the Governor, State Treasurer and the Legislature. Each such report must set forth a complete operating and financial statement of the Division during such biennium.] The Division shall cause an audit of its books and accounts to be made at least once in each fiscal year by a certified public accountant. The certified public accountant may audit the Division’s books and accounts for consecutive audit periods as requested by the Division.

      5.  The Division is exempt from the provisions of chapter 333 of NRS.

      Sec. 18. NRS 321.7355 is hereby amended to read as follows:

      321.7355  1.  The State Land Use Planning Agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.

 


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governments throughout the State, plans or statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.

      2.  The State Land Use Planning Agency shall, in preparing the plans and statements of policy, identify lands which are suitable for acquisition for:

      (a) Commercial, industrial or residential development;

      (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

      (c) Accommodating increases in the population of this State.

Ê The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

      3.  The State Land Use Planning Agency shall:

      (a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;

      (b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands; and

      (c) [On or before February 1 of each odd-numbered year, prepare and submit a written report to the Legislature concerning any activities engaged in by the Agency pursuant to the provisions of this section during the immediately preceding biennium, including, without limitation:

             (1) The progress and any results of its work; or

             (2) Any plans or statements of policy prepared pursuant to this section; and

      (d)] Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.

      4.  Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or policy statements to the Governor, Legislature or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:

      (a) The Land Use Planning Advisory Council; and

      (b) Any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands.

      5.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.

      Sec. 19. NRS 344.040 is hereby amended to read as follows:

      344.040  The State Printer shall:

      1.  Supervise the operations of the State Printing Office.

      2.  Take charge of and be responsible for all manuscripts or other matter which may be delivered to the State Printer for printing or reproduction.

      3.  Receive and promptly execute all orders for printing or reproduction required by the Legislative Counsel Bureau, the Nevada Legislature or the Supreme Court of Nevada.

      4.  [Submit a biennial report through the Director to the Legislative Commission and the Governor concerning the complete transactions of the State Printing Office.

 


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      5.]  Maintain perpetual inventory records of equipment in the State Printing Office. [The State Printer shall include in the biennial report required by subsection 4 a statement of all changes in the equipment inventory made since the submission of the preceding report.]

      Sec. 20. NRS 360.105 is hereby amended to read as follows:

      360.105  1.  The Department shall [:

      (a) In] in each even-numbered year, submit to the Nevada Tax Commission, at the meeting conducted by the Commission pursuant to NRS 361.455 or, if no such meeting is conducted during that year, at the meeting conducted by the Commission pursuant to subsection 2, a copy of the proposed budget for the Department and legislation proposed by the Department.

      [(b) Prepare a report for each biennium which details:

             (1) The problem areas of compliance and collection;

             (2) Methods for improving taxpayer compliance and tax collections; and

             (3) Complaints received from taxpayers, including a description of the type and number of complaints received.

      (c) Submit a copy of the report to:

             (1) The Nevada Tax Commission, at its first meeting in each odd-numbered year; and

             (2) The Legislature on or before January 31 of each odd-numbered year.]

      2.  If the Nevada Tax Commission does not meet pursuant to NRS 361.455 in an even-numbered year, it shall meet during June of that year to accept the proposed budget for the Department and legislation proposed by the Department.

      Sec. 21. NRS 378A.060 is hereby amended to read as follows:

      378A.060  The Board shall:

      1.  Examine and assess archives and public records programs and the facilities, professional staffs and auxiliary personnel that support such programs.

      2.  [Prepare a report to be submitted on or before January 1 of each odd-numbered year to the Governor and the Legislative Commission.

      3.]  Review and evaluate applications made by political subdivisions and private organizations for grants from the Account for Historical Records to improve the preservation of historical records.

      [4.] 3.  Make recommendations to the State Library and Archives Administrator for approval of applications for grants from the Account for Historical Records.

      [5.] 4.  Publish any material pertaining to its work as it deems appropriate.

      Sec. 22. NRS 422.396 is hereby amended to read as follows:

      422.396  1.  The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care. The Department shall coordinate the provision of community-based services pursuant to this section.

      2.  The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:

 


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authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:

      (a) Respite care;

      (b) Habilitation;

      (c) Residential habilitation;

      (d) Environmental modifications;

      (e) Supported living;

      (f) Supported living habilitation;

      (g) Supported personal care; and

      (h) Any other community-based services approved by the Secretary of Health and Human Services.

Ê The Department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.

      3.  The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care.

      4.  A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:

      (a) Include a description of the type of service to be provided;

      (b) Specify the price to be paid for each service and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provision of the service.

      5.  The Department shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.

      6.  As used in this section, “person with a physical disability” means a person with a severe physical disability that substantially limits his or her ability to participate and contribute independently in the community in which the person lives.

      Sec. 23. NRS 422A.525 is hereby amended to read as follows:

      422A.525  The Administrator:

      1.  Shall adopt regulations for the administration of the program;

      2.  [Shall report to the Interim Finance Committee quarterly concerning the regulations adopted by the Division for the administration of the program;

      3.]  May contract with any state or private agency to provide any of the services of the program; and

      [4.] 3.  May receive a grant of money from the Federal Government or any other source to defray the costs of the program.

      Sec. 24. NRS 432B.3905 is hereby amended to read as follows:

      432B.3905  1.  An employee of an agency which provides child welfare services or its designee, an agent or officer of a law enforcement agency, an officer of a local juvenile probation department or the local department of juvenile services or any other person who places a child in protective custody pursuant to this chapter:

 


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      (a) Except as otherwise provided in subsection 2, shall not transfer a child who is under the age of 6 years to, or place such a child in, a child care institution unless appropriate foster care is not available at the time of placement in the county in which the child resides; and

      (b) Shall make all reasonable efforts to place siblings in the same location.

      2.  A child under the age of 6 years may be placed in a child care institution:

      (a) If the child requires medical services and such medical services could not be provided at any other placement; or

      (b) If necessary to avoid separating siblings.

      3.  If a child is transferred to or placed in a child care institution in violation of subsection 1, the agency which provides child welfare services that is responsible for the child shall immediately notify the Director of the Department of Health and Human Services and shall move the child to another placement as soon as possible.

      4.  [The Director of the Department shall, on or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a written report concerning any child under the age of 6 years who was placed in a child care institution during the previous 12 months. Such a report must include, without limitation:

      (a) An explanation of the situation that required the transfer of the child to or placement of the child in a child care institution;

      (b) A summary of any actions that were taken to ensure the health, welfare and safety of the child; and

      (c) The length of time that the child was required to remain in the child care institution.

Ê The Director of the Legislative Counsel Bureau shall cause such report to be made available to each Senator and member of the Assembly.

      5.]  Each agency which provides child welfare services shall develop and implement a written plan to ensure that the provisions of this section are understood and carried out.

      [6.] 5.  As used in this section, “child care institution”:

      (a) Means any type of home or facility that:

             (1) Provides care and shelter during the day and night to 16 or more children who are in protective custody of an agency which provides child welfare services; or

             (2) Provides care and shelter during the day and night, through the use of caregivers who work in shifts, to children who are in protective custody of an agency which provides child welfare services.

      (b) Does not include a home or facility that provides medical services to children.

      Sec. 25. NRS 439.528 is hereby amended to read as follows:

      439.528  The Committee shall:

      1.  Study and review issues relating to persons with co-occurring disorders.

      2.  Develop a policy statement confirming the commitment of this State to treatment for persons with co-occurring disorders and the expectations of this State concerning such treatment.

      3.  Review and recommend strategies for improving the treatment provided to persons with co-occurring disorders, including, without limitation, reducing administrative barriers to such treatment and supporting the provision of coordinated and integrated services relating to mental health, substance abuse and criminal justice to persons with co-occurring disorders.

 


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the provision of coordinated and integrated services relating to mental health, substance abuse and criminal justice to persons with co-occurring disorders.

      4.  Develop recommendations concerning the licensing and certification of treatment programs for persons with co-occurring disorders, including, without limitation, the standards that should be required of such programs to increase their effectiveness.

      5.  Develop recommendations concerning the creation of incentives for the development of treatment programs for persons with co-occurring disorders.

      6.  Evaluate the utilization of existing resources in this State for the treatment of persons with co-occurring disorders and develop recommendations concerning innovative funding alternatives to promote and support mental health courts, the prevention of co-occurring disorders and the coordination of integrated services in the mental health, substance abuse and criminal justice systems.

      7.  Identify and recommend practices and procedures to improve the effectiveness and quality of care provided in both the public and private sector to persons with co-occurring disorders.

      8.  Examine and develop recommendations concerning training and technical assistance that are available through the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services and other entities to support the development and implementation of a comprehensive system of care for persons with co-occurring disorders.

      [9.  Submit on or before January 31 of each odd-numbered year a report to the Commission on Mental Health and Developmental Services and the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation, a summary of the work of the Committee and recommendations for any necessary legislation concerning issues relating to persons with co-occurring disorders.]

      Sec. 26. NRS 451.370 is hereby amended to read as follows:

      451.370  1.  The Committee shall meet:

      (a) At least twice annually and at other times specified by a call of the Chair of the Committee or a majority of its members; and

      (b) At places specified by the Chair.

      2.  The Committee shall keep full and complete minutes and an audio recording or transcript of each meeting of the Committee and a complete record of all dead human bodies received and distributed by it and of the persons to whom the bodies may be distributed. The minutes, audio recordings, transcripts and records must be open at all times for inspection by each member of the Committee and by the district attorney of any county within the State.

      3.  The Secretary of the Committee is responsible for keeping the minutes of each meeting of the Committee and preparing and maintaining a complete file of the minutes, audio recordings, transcripts and records of the Committee.

      4.  The Committee shall prepare and approve an annual budget for the Committee.

      [5.  A report of the activities of the Committee must be made before September 1 of each even-numbered year covering the biennium ending June 30 of such year to:

 


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      (a) The Presidents of the Nevada System of Higher Education;

      (b) The State Board of Health;

      (c) The Governor; and

      (d) The Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature.]

      Sec. 27. NRS 458A.090 is hereby amended to read as follows:

      458A.090  1.  The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.

      2.  Except as otherwise provided in this subsection, the money in the Account must be expended:

      (a) To award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. The Director may use not more than 10 percent of the money in the Account to administer the Account.

      (b) For any other purpose authorized by the Legislature.

      3.  The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.

      [4.  On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau a written report concerning any grants of money or contracts for services awarded pursuant to this section during the previous year.]

      Sec. 28. NRS 486.377 is hereby amended to read as follows:

      486.377  [1.]  The Board shall:

      [(a)] 1.  Advise and assist the Director and the Administrator of the Program in developing, establishing and maintaining the Program; and

      [(b)] 2.  Regularly review the Program and make recommendations to the Director and the Administrator of the Program relating to the administration and content of the Program . [; and

      (c) Submit a report, not later than January 1 of each odd-numbered year, to the Governor and the Director of the Legislative Counsel Bureau for presentation to the Legislature.

      2.  The report must include:

      (a) The number of courses offered in the Program.

      (b) The address of each location where a course was offered.

      (c) The number of instructors licensed pursuant to NRS 486.375.

      (d) The number of persons who have completed the Program in the preceding 2 years and the number of persons who have completed the Program since it was established.

      (e) The amount of fees for motorcycle safety collected pursuant to subsection 4 of NRS 482.480.

      (f) A detailed accounting of the expenses of the Program.

      3.  The Director shall make copies of the report available for distribution to the public.]

      Sec. 29. NRS 487.002 is hereby amended to read as follows:

      487.002  1.  The Advisory Board on Automotive Affairs, consisting of 10 members appointed by the Governor, is hereby created within the Department.

 


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      2.  The Governor shall appoint to the Board:

      (a) One representative of the Department;

      (b) One representative of licensed operators of body shops;

      (c) One representative of licensed automobile wreckers;

      (d) One representative of registered garage operators;

      (e) One representative of licensed operators of salvage pools;

      (f) One representative of licensed operators of authorized emissions stations;

      (g) One representative of licensed insurers of motor vehicles;

      (h) One representative of licensed new or used motor vehicle dealers; and

      (i) Two representatives of the general public, at least one of whom must be a resident of a county whose population is less than 55,000. A member appointed pursuant to this paragraph must not be:

             (1) A holder of a license or registration identified in paragraphs (b) to (h), inclusive; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a holder of such a license or registration.

      3.  Each member appointed must, at the time of his or her appointment, have been a resident of this State for at least 5 years immediately preceding the appointment. Each member who is appointed to represent a business or industry specified in paragraphs (b) to (h), inclusive, of subsection 2, must, at the time of his or her appointment:

      (a) Hold a license or registration to engage in the business or industry that the member is appointed to represent; and

      (b) Have been actively engaged in the business or industry that the member is appointed to represent for at least 3 of the 5 years immediately preceding the appointment.

      4.  After the initial terms, each member of the Board serves a term of 4 years. The members of the Board shall annually elect from among their number a Chair and a Vice Chair. The Chair is not entitled to a vote except to break a tie. The Department shall provide secretarial services for the Board.

      5.  The Board shall meet regularly at least twice each year and may meet at other times upon the call of the Chair or a majority of the members of the Board. Six members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. Each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally while attending meetings of the Board.

      6.  The Board shall:

      (a) Study the regulation of garage operators, automobile wreckers, operators of body shops, operators of salvage pools, operators of authorized emissions stations and new and used motor vehicle dealers, including, without limitation, the registration or licensure of such persons and the methods of disciplinary action against such persons;

      (b) Analyze and advise the Department relating to any consumer complaints received by the Department concerning garage operators, automobile wreckers, operators of body shops, operators of salvage pools, operators of authorized emissions stations and new and used motor vehicle dealers;

      (c) Make recommendations to the Department for any necessary regulations or proposed legislation pertaining to paragraph (a) or (b); and

 


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      (d) [On or before January 15 of each odd-numbered year, prepare and submit a report concerning its activities and recommendations to the Governor and to the Director of the Legislative Counsel Bureau for transmission to the Legislature and the Chairs of the Senate and Assembly Standing Committees on Transportation; and

      (e)] Perform any other duty assigned by the Department.

      7.  As used in this section, “authorized emissions stations” means stations licensed by the Department pursuant to NRS 445B.775 to inspect, repair, adjust or install devices for the control of emissions of motor vehicles.

      Sec. 30. NRS 501.331 is hereby amended to read as follows:

      501.331  The Department of Wildlife is hereby created. The Department [:

      1.  Shall] shall administer the wildlife laws of this State, chapter 488 of NRS and NRS 701.610 to 701.640, inclusive.

      [2.  Shall, on or before the fifth calendar day of each regular session of the Legislature, submit to the Legislature a financial report for each of the immediately preceding 2 fiscal years setting forth the activity and status of the Wildlife Fund Account in the State General Fund, each subaccount within that Account and any other account or subaccount administered by the Department for which the use of the money in the account or subaccount is restricted. The report must include, without limitation:

      (a) A description of each project for which money is expended from each of those accounts and subaccounts and a description of each recipient of that money; and

      (b) The total amount of money expended from each of those accounts and subaccounts for each fiscal year, including, without limitation, the amount of any matching contributions received for those accounts and subaccounts for each fiscal year.]

      Sec. 31. NRS 502.145 is hereby amended to read as follows:

      502.145  1.  An owner, lessee or manager of private land in this State may apply to the Department for the issuance to him or her of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.

      2.  An application made pursuant to this section must:

      (a) Be made in the form prescribed by the Department;

      (b) Establish to the satisfaction of the Department that the applicant has sustained damage of the kind described in subsection 1; and

      (c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.

      3.  The Department shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant.

      4.  A tag issued as compensation for damage pursuant to this section:

      (a) May be used by the owner, lessee or manager of the private land if the owner, lessee or manager holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;

 


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      (b) Except as otherwise provided in subparagraph (2) of paragraph (c), must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and

      (c) May only be used during:

             (1) The open season for the species for which the tag is issued; or

             (2) A season prescribed by regulation of the Commission for the use of such tags only on the private land.

      5.  As a condition of receiving a tag from the Department pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.

      6.  Insofar as they are consistent with this section, the provisions of this title and of the regulations adopted by the Commission apply to the issuance and use of tags pursuant to this section. The Commission:

      (a) Shall by regulation establish the maximum number of tags which may be issued annually by the Department pursuant to this section, which must not exceed 1.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout the State; and

      (b) May adopt any other regulations it deems necessary to carry out the provisions of this section.

      [7.  The Director shall, not later than the fifth calendar day of each regular session of the Legislature, submit to the Director of the Legislative Counsel Bureau for distribution to the Legislature a report summarizing the activities of the Department taken pursuant to the provisions of this section during the preceding biennium, including any problems associated with the issuance and use of tags authorized by this section and any recommendations for correcting those problems.]

      Sec. 32. NRS 504.165 is hereby amended to read as follows:

      504.165  1.  The Commission shall adopt regulations governing the disbursement of money to:

      (a) Prevent or mitigate damage to private property and privately maintained improvements, including, without limitation, fences;

      (b) Prevent or mitigate damage to fences on public lands;

      (c) Construct fences around sources of water on private lands or public lands where there has been damage to the area near such sources of water; and

      (d) Compensate persons for grazing reductions and the loss of stored and standing crops,

Ê caused by elk or game mammals not native to this State.

      2.  The regulations must contain:

      (a) Requirements for the eligibility of those persons claiming damage to private property, privately maintained improvements, fences on public lands or areas near sources of water on public lands to receive money or materials from the Department, including:

             (1) A requirement that such a person enter into a cooperative agreement with the Director for purposes related to this title; and

             (2) A requirement that if the claim is for money or materials from the Department for the construction of a fence around a source of water on private land or public land, such a person must:

                   (I) Conduct a physical inspection of the private land or public land upon which the fence is proposed to be constructed to determine the most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;

 


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most effective manner in which to protect the source of water and to determine the most effective manner in which to provide access to a source of water for livestock and wildlife that is located outside the fence and within a reasonable distance from the fence;

                   (II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and

                   (III) Enter into a cooperative agreement with the persons and entities described in sub-subparagraph (II) for purposes related to the construction of the fence in accordance with the results of the inspection conducted pursuant to this subparagraph.

      (b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this State and to determine the value of a loss claimed if the person claiming the loss and the Department do not agree on the value of the loss.

      (c) Procedures for the use on private property or public lands of materials purchased by the State to prevent damage caused by elk or game mammals not native to this State.

      (d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 . [and 504.175.]

      3.  The regulations must:

      (a) Provide for the payment of money or other compensation to cover the costs of labor and materials necessary to:

             (1) Prevent or mitigate damage to private property, privately maintained improvements and fences on public lands caused by elk or game mammals not native to this State; and

             (2) Construct fences around sources of water on private or public lands if:

                   (I) Elk or game mammals not native to this State have caused damage to the area near such sources of water; and

                   (II) A source of water for livestock and wildlife is available outside such a fence and within a reasonable distance from such a fence or will be made available at such a location.

      (b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to NRS 502.142 from applying, within the same calendar year, for compensation pursuant to this section for the same private land.

      4.  Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which the claimant is seeking compensation was caused solely by elk or game mammals not native to this State.

      5.  As used in this section, “public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;

 


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      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      Sec. 33. NRS 513.093 is hereby amended to read as follows:

      513.093  The Administrator:

      1.  Shall coordinate the activities of the Division.

      2.  Shall report to the Commission upon all matters pertaining to the administration of the Division.

      3.  Shall attend each regular meeting of the Mining Oversight and Accountability Commission created by NRS 514A.040 and each special meeting if requested by the Chair of that Commission and:

      (a) Report to the Mining Oversight and Accountability Commission on the activities of the Division undertaken since the Division’s previous report, including, without limitation, an accounting of any fees or fines imposed or collected;

      (b) The current condition of mining and of exploration for and production of oil, gas and geothermal energy in the State; and

      (c) Provide any technical information required by the Mining Oversight and Accountability Commission during the course of the meeting.

      [4.  Shall submit a biennial report to the Governor and the Legislature through the Commission concerning the work of the Division, with recommendations that the Administrator may deem necessary. The report must set forth the facts relating to the condition of mining and of exploration for and production of oil and gas in the State.]

      Sec. 34. NRS 540.041 is hereby amended to read as follows:

      540.041  1.  The Chief:

      (a) Must be selected with special reference to his or her training, experience, capability and interest in the field of water resource planning.

      (b) Shall coordinate the activities of the Section.

      2.  The Chief is responsible for the administration of all provisions of law relating to the functions of the Section.

      3.  The Chief, with the approval of the State Engineer, may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his or her duties.

      [4.  The Chief, through the State Engineer, shall, not later than the fifth calendar day of each regular session of the Legislature, submit to the Director of the Legislative Counsel Bureau for distribution to the Legislature a written report summarizing the actions of the Section taken pursuant to the provisions of NRS 540.051 during the preceding biennium.]

      Sec. 35. NRS 561.145 is hereby amended to read as follows:

      561.145  1.  The Director shall direct and supervise all administrative and technical activities of the Department, and all programs administered by the Department as provided by law. Except as otherwise provided in NRS 284.143, the Director shall devote his or her entire time to the duties of the Director’s office, and shall follow no other gainful employment or occupation.

      2.  The Director may, within such limitations as may be provided by law, organize the Department into divisions and, from time to time, alter that organization and reassign responsibilities and duties as the Director may deem appropriate.

 


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      3.  The Director shall:

      (a) Coordinate the activities of the divisions of the Department.

      (b) Report to the Board upon all matters pertaining to the administration of the Department.

      [(c) Submit a biennial report to the Governor, the Legislature and the Board of the work of the Department, with recommendations that the Director may deem necessary. The report must set forth the facts relating to the condition of the livestock, agriculture and related industries in the State of Nevada.]

      Sec. 36. NRS 630A.155 is hereby amended to read as follows:

      630A.155  The Board shall:

      1.  Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.

      2.  Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.

      3.  License or certify those applicants it finds to be qualified.

      4.  Investigate and, if required, hear and decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board or any other possible violation of state law, the Board shall refer the complaint to the other licensing board.

      [5.  Submit an annual report to the Legislature and make recommendations to the Legislature concerning the enactment of legislation relating to alternative and complementary integrative medicine, including, without limitation, homeopathic medicine.]

      Sec. 37. NRS 686A.295 is hereby amended to read as follows:

      686A.295  If a person who is licensed or registered under the laws of the State of Nevada to engage in a business or profession is convicted of, or pleads guilty or guilty but mentally ill to, engaging in an act of insurance fraud, the Commissioner and the Attorney General shall forward to each agency by which the convicted person is licensed or registered a copy of the conviction or plea and all supporting evidence of the act of insurance fraud. [An agency that receives information from the Commissioner and Attorney General pursuant to this section shall, not later than 1 year after the date on which it receives the information, submit a report which sets forth the action taken by the agency against the convicted person, including, but not limited to, the revocation or suspension of the license or any other disciplinary action, to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.]

      Sec. 38. Section 4 of chapter 385, Statutes of Nevada 2005, at page 1489, is hereby amended to read as follows:

       Sec. 4.  1.  A county assessor shall not accept an application to establish allodial title to any property if the application is received on or after the effective date of this act.

       2.  After the last allodial title is relinquished and the balance, if any, of the unused portion of the money in the Allodial Title Trust Fund that is attributable to the title being relinquished is refunded pursuant to NRS 361.915, the State Treasurer shall transfer the balance, if any, in the Allodial Title Account for Stabilization to the State General Fund.

 


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pursuant to NRS 361.915, the State Treasurer shall transfer the balance, if any, in the Allodial Title Account for Stabilization to the State General Fund.

       [3.  The State Treasurer shall, not later than 90 days after the last allodial title is relinquished, notify the Director of the Legislative Counsel Bureau.]

      Sec. 38.5. Section 1 of Assembly Bill No. 350 of this session is hereby amended to read as follows:

       Section 1.  Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

       1.  Any provision of state legislation enacted on or after July 1, 2013, which adds or revises a requirement to submit a report to the Legislature must:

       (a) Expire by limitation 5 years after the effective date of the addition or revision of the requirement; or

       (b) Contain a statement by the Legislature setting forth the justifications for continuing the requirement for more than 5 years. The statement must include, without limitation:

             (1) If the requirement is being revised, the date the requirement was enacted;

             (2) If the requirement concerns a report regarding the implementation or monitoring of a new program, an analysis of the continued usefulness of such a report after 5 years; and

             (3) An identification and analysis of any costs or benefits associated with or expected to be associated with the report.

       2.  The Legislative Commission shall review the requirements in state legislation for submitting a report to the Legislature which have been in existence for 4 years or more to determine whether the requirements should be repealed, revised or continued. In making its determination pursuant to this subsection, the Legislative Commission shall:

       (a) Identify and analyze any costs or benefits associated with the report;

       (b) Consider the ability of the Legislature to obtain the information provided in the report from another source;

       (c) Consider any recommendations made by the Director pursuant to section 1 of Senate Bill No. 405 of this session regarding the elimination or revision of requirements in state legislation to submit obsolete or redundant reports to the Legislature; and

       (d) Consider any other criteria determined by the Legislative Commission to be appropriate.

       3.  Based upon its review of the requirements pursuant to subsection 2, the Legislative Commission shall, as it deems appropriate:

       (a) Make recommendations to the Legislature regarding whether the requirements in state legislation for submitting such reports to the Legislature should be repealed, revised or continued; and

       (b) Request the drafting of a legislative measure pursuant to NRS 218D.160 to facilitate its recommendations.

 


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      Sec. 39.  1.  NRS 223.580, 252.155, 260.075, 422.395, 422.397, 432.180, 439.524, 457.180, 502.324, 504.175 and 625.156 are hereby repealed.

      2.  Section 7 of chapter 294, Statutes of Nevada 2009, at page 1258, is hereby repealed.

      Sec. 40.  This act becomes effective on July 1, 2013.

________

CHAPTER 338, SB 414

Senate Bill No. 414–Committee on Judiciary

 

CHAPTER 338

 

[Approved: June 1, 2013]

 

AN ACT relating to juveniles; prohibiting a minor from transmitting or distributing certain images of bullying committed against another minor under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits a minor from knowingly and willfully using an electronic communication device, such as a cell phone, to transmit or distribute, or otherwise knowingly and willfully transmitting or distributing, an image of bullying committed against another minor for the purpose of encouraging, furthering or promoting bullying and harming the minor. A minor who violates this provision is considered: (1) for a first violation, a child in need of supervision for the purposes of the laws governing juvenile justice; and (2) for a second or subsequent violation, to have committed a delinquent act.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A minor shall not knowingly and willfully use an electronic communication device to transmit or distribute, or otherwise knowingly and willfully transmit or distribute, an image of bullying committed against a minor to another person with the intent to encourage, further or promote bullying and to cause harm to the minor.

      2.  A minor who violates subsection 1:

      (a) For the first violation, is a child in need of supervision, as that term is used in title 5 of NRS, and is not a delinquent child; and

      (b) For the second or a subsequent violation, commits a delinquent act, and the court may order the detention of the minor in the same manner as if the minor had committed an act that would have been a misdemeanor if committed by an adult.

      3.  For the purposes of this section, to determine whether a person who is depicted in an image of bullying is a minor, the court may:

      (a) Inspect the person in question;

      (b) View the image;

 


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      (c) Consider the opinion of a witness to the image regarding the person’s age;

      (d) Consider the opinion of a medical expert who viewed the image; or

      (e) Use any other method authorized by the rules of evidence at common law.

      4.  As used in this section:

      (a) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

            (1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

             (2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

             (3) Places the person in reasonable fear of harm or serious emotional distress; or

             (4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

      (b) “Electronic communication device” means any electronic device that is capable of transmitting or distributing an image of bullying, including, without limitation, a cellular telephone, personal digital assistant, computer, computer network and computer system.

      (c) “Image of bullying” means any visual depiction, including, without limitation, any photograph or video, of a minor bullying another minor.

      (d) “Minor” means a person who is under 18 years of age.

      Sec. 2. NRS 62B.320 is hereby amended to read as follows:

      62B.320  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

      (a) Is subject to compulsory school attendance and is a habitual truant from school;

      (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;

      (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation; [or]

      (d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737 [.] ; or

      (e) Transmits or distributes an image of bullying committed against a minor in violation of section 1 of this act.

      2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

      3.  As used in this section:

      (a) “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

             (1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

 


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             (2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

             (3) Places the person in reasonable fear of harm or serious emotional distress; or

             (4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

      (b) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      [(b)] (c) “Sexual image” has the meaning ascribed to it in NRS 200.737.

      Sec. 3. (Deleted by amendment.)

________

CHAPTER 339, SB 427

Senate Bill No. 427–Committee on Judiciary

 

CHAPTER 339

 

[Approved: June 1, 2013]

 

AN ACT relating to education; requiring departments of juvenile services to inform juvenile courts and school districts of incidents of unlawful bullying or cyber-bullying; requiring courts to inform school districts of incidents of unlawful bullying or cyber-bullying; revising the definition of bullying and cyber-bullying; expanding the prohibition against bullying and cyber-bullying to include members of a club or organization which uses the facilities of any public school; repealing certain definitions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a court to provide certain information to a school district if a court determines that a child who is currently enrolled in the school district has unlawfully caused or attempted to cause serious bodily injury to another person. (NRS 62E.030) Section 1 of this bill likewise requires a department of juvenile services to inform the juvenile court and the school district if a child who is currently enrolled in the school district has unlawfully engaged in bullying or cyber-bulling. Section 1.5 of this bill requires a court to inform a school district if a child who is currently enrolled in the school district has unlawfully engaged in bullying or cyber-bullying.

      Existing law provides definitions of bullying, cyber-bullying, harassment and intimidation for the purposes of providing a safe and respectful learning environment and prohibiting certain conduct in such a manner that the definition of bullying includes most of the elements of the definitions of harassment and intimidation. (NRS 388.123-388.129) Section 7 of this bill revises the definition of bullying to include all the elements of the definitions of harassment and intimidation. Section 7 also effectively revises in the same manner the definition of cyber-bullying, which is bullying through the use of electronic communication. (NRS 388.123) Section 19 of this bill repeals the existing definitions of harassment and intimidation.

 

 

 

 


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      Existing law prohibits a member of the board of trustees of a school district, an employee of the board of trustees or a pupil from engaging in bullying, cyber-bullying, harassment or intimidation on the premises of any public school, at an activity sponsored by a public school or on any school bus. (NRS 388.135) Section 15 of this bill: (1) removes the references to harassment and intimidation, consistent with the removal of these terms by section 19; and (2) prohibits a member of a club or organization which uses the facilities of any public school, regardless of whether the club or organization has any connection to the school, from engaging in bullying or cyber-bullying.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a department of juvenile services determines that a child who is currently enrolled in school unlawfully engaged in bullying or cyber-bullying, the department shall provide the information specified in subsection 2 to the juvenile court in the judicial district in which the child resides and to the school district in which the child is currently enrolled.

      2.  The information required to be provided pursuant to subsection 1 must include:

      (a) The name of the child;

      (b) The name of the person who was the subject of the bullying or cyber-bullying; and

      (c) A description of any bullying or cyber-bullying committed by the child against the other person.

      3.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      Sec. 1.5. NRS 62E.030 is hereby amended to read as follows:

      62E.030  1.  If a court determines that a child who is currently enrolled in school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the child is currently enrolled.

      2.  The information required to be provided pursuant to subsection 1 must include:

      (a) The name of the child;

      (b) A description of any injury sustained by the other person;

      (c) A description of any weapon used by the child; and

      (d) A description of any threats made by the child against the other person before, during or after the incident in which the child injured or attempted to injure the person.

      3.  If a court determines that a child who is currently enrolled in school unlawfully engaged in bullying or cyber-bullying, the court shall provide the information specified in subsection 4 to the school district in which the child is currently enrolled.

      4.  The information required to be provided pursuant to subsection 3 must include:

 


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      (a) The name of the child;

      (b) The name of the person who was the subject of the bullying or cyber-bullying; and

      (c) A description of any bullying or cyber-bullying committed by the child against the other person.

      5.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      Sec. 2. NRS 236.073 is hereby amended to read as follows:

      236.073  1.  The Governor shall annually proclaim the first week in October to be “Week of Respect.”

      2.  The proclamation may call upon:

      (a) News media, educators and appropriate government offices to bring to the attention of the residents of Nevada factual information regarding bullying [,] and cyber-bullying, [harassment and intimidation in schools,] including, without limitation:

             (1) Statistical information regarding the number of pupils who are bullied [,] or cyber-bullied [, harassed or intimidated in schools] each year;

             (2) The methods to identify and assist pupils who are at risk of bullying [,] or cyber-bullying ; [, harassment or intimidation;] and

             (3) The methods to prevent bullying [,] and cyber-bullying ; [, harassment and intimidation in schools;] and

      (b) School districts to provide instruction on the ways in which pupils can prevent bullying [,] and cyber-bullying [, harassment and intimidation] during the Week of Respect and throughout the school year that is appropriate for the grade level of pupils who receive the instruction.

      3.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      [(c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Intimidation” has the meaning ascribed to it in NRS 388.129.]

      Sec. 3. NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

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

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

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

 


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      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made:

             (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

             (2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

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

      (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

 


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                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, 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, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State 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) 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) 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:

                   (I) 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) 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.

 


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including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (m) The total expenditure per pupil for each school district in this State, 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, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes 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.

      (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

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

      (w) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

 


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if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (x) Each source of funding for this State to be used for the system of public education.

      (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

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

      (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (cc) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (dd) The number of habitual truants who are reported to a school police officer or local 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, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (ee) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c).

 


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forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ff) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (gg) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      (hh) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (ii) The number of incidents resulting in suspension or expulsion for bullying [,] or cyber-bullying, [harassment or intimidation,] reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

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

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

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

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

 


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             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) [“Harassment” has the meaning ascribed to it in NRS 388.125.

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

      [(e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f)](d) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 4. NRS 385.34692 is hereby amended to read as follows:

      385.34692  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

      (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

             (1) Who are economically disadvantaged, as defined by the State Board;

             (2) Who are from major racial or ethnic groups, as defined by the State Board;

             (3) With disabilities;

             (4) Who are limited English proficient; and

             (5) Who are migratory children, as defined by the State Board;

      (b) The average daily attendance of pupils, reported separately for the groups identified in paragraph (a);

      (c) The transiency rate of pupils;

      (d) The percentage of pupils who are habitual truants;

      (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

      (f) The number of incidents resulting in suspension or expulsion for:

             (1) Violence to other pupils or to school personnel;

             (2) Possession of a weapon;

             (3) Distribution of a controlled substance;

             (4) Possession or use of a controlled substance;

             (5) Possession or use of alcohol; and

             (6) Bullying [,] or cyber-bullying ; [, harassment or intimidation;]

      (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

      (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

      (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

 


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      (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

      (k) The number and percentage of pupils who graduated from high school;

      (l) The number and percentage of pupils who received a:

             (1) Standard diploma;

             (2) Adult diploma;

             (3) Adjusted diploma; and

             (4) Certificate of attendance;

      (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;

      (n) Per pupil expenditures;

      (o) Information on the professional qualifications of teachers;

      (p) The average daily attendance of teachers and licensure information;

      (q) Information on the adequate yearly progress of the schools and school districts;

      (r) Pupil achievement based upon the:

             (1) Examinations administered pursuant to NRS 389.550, including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to NRS 385.3595; and

             (2) High school proficiency examination administered pursuant to NRS 389.015; and

      (s) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

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

      3.  On or before October 20 of each year, the State Board shall:

      (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

      (b) Submit a copy of the summary in an electronic format to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

 


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      5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      [(c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Intimidation” has the meaning ascribed to it in NRS 388.129.]

      Sec. 5. 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 educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before September 30 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 sponsored by 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 sponsored by the district, and each grade in which the examinations were administered:

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

             (2) 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.

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups 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.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

             (5) The percentage of pupils who were not tested.

 


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             (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 groups identified in subparagraph (3).

             (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.

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the 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.

             (9) For each school in the district, including, without limitation, each charter school sponsored by 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.

             (10) Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

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

      (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

 


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                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (e) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

      (f) 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 sponsored by 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;

             (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) 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) 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

 


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             (5) For each elementary school:

                   (I) 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) 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.

      (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by 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.

      (h) 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 sponsored by the district.

      (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of 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. The reporting for pupils in grades 9 to 12, inclusive, excludes 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.

      (k) 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 sponsored by the district.

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

 


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

             (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; and

             (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

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

      (n) 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 sponsored by the district.

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

      (p) 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 sponsored by the district.

      (q) 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 sponsored by the district.

      (r) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

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

      (t) 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 study for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

      (u) For each high school in the district, including, without limitation, each charter school sponsored by 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, state college or community college within the Nevada System of Higher Education.

      (v) The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

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

 


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             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (x) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (y) 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.

      (z) 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 sponsored by the district.

      (aa) 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.

      (bb) Information on whether each public school in the district, including, without limitation, each charter school sponsored by 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.

      (cc) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school sponsored by 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.

      (dd) For each high school in the district, including, without limitation, each charter school sponsored by the district 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.

 


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      (ee) 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.

      (ff) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (gg) The number of incidents resulting in suspension or expulsion for bullying [,] or cyber-bullying [, harassment or intimidation,] for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to (hh), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section 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 Department.

      4.  The records of attendance maintained by a school for purposes of paragraph (k) of subsection 2 or maintained by a charter school for purposes of the reporting required pursuant to subsection 3 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 the teacher is employed for one of the following reasons:

 


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excused from being present in the classroom by the school in which the teacher 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.

      5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, 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.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsections 2 and 3 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

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

      7.  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.

      8.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (i) of subsection 2.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

      9.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report.

 


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Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, 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, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 9 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 or 3, as applicable.

      11.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) [“Harassment” has the meaning ascribed to it in NRS 388.125.

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

      [(e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f)](d) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 6. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.139, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.122 [to 388.129, inclusive,] , 388.123 and 388.124 have the meanings ascribed to them in those sections.

 


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      Sec. 7. NRS 388.122 is hereby amended to read as follows:

      388.122  “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

      1.  Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

      2.  Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

      3.  Places the person in reasonable fear of harm or serious emotional distress; or

      [3.]4.  Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

      Sec. 8. NRS 388.132 is hereby amended to read as follows:

      388.132  The Legislature declares that:

      1.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State to achieve academic success and meet this State’s high academic standards;

      2.  Any form of bullying [,] or cyber-bullying [, harassment or intimidation in public schools] seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

      3.  The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;

      4.  The intended goal of the Legislature is to ensure that:

      (a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential;

      (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate bullying [,] and cyber-bullying ; [, harassment or intimidation;] and

      (c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to bullying, cyber-bullying [,] or violence ; [, harassment or intimidation;] and

      5.  By declaring its goal that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse . [and harassment.]

      Sec. 9. NRS 388.1325 is hereby amended to read as follows:

      388.1325  1.  The Bullying Prevention Fund is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction. The Superintendent of Public Instruction may accept gifts and grants from any source for deposit into the Fund. The interest and income earned on the money in the Fund must be credited to the Fund.

 

 


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      2.  In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school district that applies for and receives a grant of money from the Bullying Prevention Fund shall use the money for one or more of the following purposes:

      (a) The establishment of programs to create a school environment that is free from bullying [,] and cyber-bullying ; [, harassment and intimidation;]

      (b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive; or

      (c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.139, inclusive.

      Sec. 10. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying [,] and cyber-bullying . [, harassment and intimidation.]

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135; and

      (b) A policy for use by school districts to train administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils without the use of bullying [,] and cyber-bullying [, harassment and intimidation] so that pupils may realize their full academic and personal potential;

             (2) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             (3) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 11. NRS 388.1341 is hereby amended to read as follows:

      388.1341  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying [,] and cyber-bullying, [harassment and intimidation in public schools,] shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in the public schools in this State in resolving incidents of bullying [,] or cyber-bullying . [, harassment or intimidation.] If developed, the pamphlet must include, without limitation:

      (a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.139, inclusive;

      (b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for bullying [,] and cyber-bullying ; [, harassment or intimidation;] and

      (c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

 


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disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      2.  If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.

      3.  If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.

      4.  To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.

      Sec. 12. NRS 388.1342 is hereby amended to read as follows:

      388.1342  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying [,] and cyber-bullying, [harassment and intimidation in public schools,] shall:

      (a) Establish a program of training on methods to prevent, identify and report incidents of bullying [,] and cyber-bullying [, harassment and intimidation in public schools] for members of the State Board.

      (b) Recommend a program of training on methods to prevent, identify and report incidents of bullying [,] and cyber-bullying [, harassment and intimidation in public schools] for members of the boards of trustees of school districts.

      (c) Recommend a program of training for school district personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.139, inclusive.

      2.  Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying [,] and cyber-bullying [, harassment and intimidation in public schools] established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

      3.  Each member of a board of trustees of a school district may complete the program of training on bullying [,] and cyber-bullying [, harassment and intimidation in public schools] recommended pursuant to paragraph (b) of subsection 1 and may undergo the training at least one additional time while the person is a member of the board of trustees.

      4.  Each program of training established and recommended pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

      5.  The board of trustees of a school district may allow school district personnel to attend the program recommended pursuant to paragraph (c) of subsection 1 during regular school hours.

      6.  The Department shall review each program of training established and recommended pursuant to subsection 1 on an annual basis to ensure that the program contains current information concerning the prevention of bullying [,] and cyber-bullying . [, harassment and intimidation.]

 


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      Sec. 13. NRS 388.1343 is hereby amended to read as follows:

      388.1343  The principal of each public school or his or her designee shall:

      1.  Establish a school safety team to develop, foster and maintain a school environment which is free from bullying [,] and cyber-bullying ; [, harassment and intimidation;]

      2.  Conduct investigations of violations of NRS 388.135 occurring at the school; and

      3.  Collaborate with the board of trustees of the school district and the school safety team to prevent, identify and address reported violations of NRS 388.135 at the school.

      Sec. 14. NRS 388.1344 is hereby amended to read as follows:

      388.1344  1.  Each school safety team established pursuant to NRS 388.1343 must consist of the principal or his or her designee and the following persons appointed by the principal:

      (a) A school counselor;

      (b) At least one teacher who teaches at the school;

      (c) At least one parent or legal guardian of a pupil enrolled in the school; and

      (d) Any other persons appointed by the principal.

      2.  The principal or his or her designee shall serve as the chair of the school safety team.

      3.  The school safety team shall:

      (a) Meet at least two times each year;

      (b) Identify and address patterns of bullying [,] or cyber-bullying ; [, harassment or intimidation at the school;]

      (c) Review and strengthen school policies to prevent and address bullying [,] or cyber-bullying ; [, harassment or intimidation;]

      (d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying [,] and cyber-bullying ; [, harassment and intimidation;] and

      (e) To the extent money is available, participate in any training conducted by the school district regarding bullying [,] and cyber-bullying . [, harassment and intimidation.]

      Sec. 15. NRS 388.135 is hereby amended to read as follows:

      388.135  A member of the board of trustees of a school district, any employee of the board of trustees, including, without limitation, an administrator, principal, teacher or other staff member, a member of a club or organization which uses the facilities of any public school, regardless of whether the club or organization has any connection to the school, or any pupil shall not engage in bullying [,] or cyber-bullying [, harassment or intimidation] on the premises of any public school, at an activity sponsored by a public school or on any school bus .

      Sec. 16. NRS 388.1353 is hereby amended to read as follows:

      388.1353  1.  On or before January 1 and June 30 of each year, the principal of each public school shall submit to the board of trustees of the school district a report on the violations of NRS 388.135 which are reported during the previous school semester. The report must include, without limitation:

 


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      (a) The number of violations of NRS 388.135 occurring at the school or otherwise involving a pupil enrolled at the school which are reported during that period; and

      (b) Any actions taken at the school to reduce the number of incidents of bullying [,] and cyber-bullying, [harassment and intimidation,] including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      2.  The board of trustees of each school district shall review and compile the reports submitted pursuant to subsection 1 and, on or before August 1, submit a compilation of the reports to the Department.

      Sec. 17. NRS 388.139 is hereby amended to read as follows:

      388.139  Each school district shall include the text of the provisions of NRS 388.121 to 388.139, inclusive, and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading “Bullying [,] and Cyber-Bullying [, Harassment and Intimidation] Is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

      Sec. 18. NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 3, based upon the content of each course, that is expected of pupils for the following courses of study:

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

             (2) Mathematics;

             (3) Science;

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

             (5) The arts;

             (6) Computer education and technology;

             (7) Health; and

             (8) Physical education.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 389.570 of the results of pupils on the examinations administered pursuant to NRS 389.550.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

      (a) The ethical use of computers and other electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or data in an electronic form;

 


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      (b) The safe use of computers and other electronic devices, including, without limitation, methods to:

             (1) Avoid [harassment,] cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

             (2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other electronic devices, including, without limitation:

             (1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

             (2) The necessity for secure passwords or other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited commercial material; and

             (5) The dangers associated with social networking Internet sites; and

      (d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

      3.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

      4.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      5.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board.

Ê The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

      6.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 389.550.

      7.  As used in this section:

      (a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

 


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      (c) “Electronic communication” has the meaning ascribed to it in NRS 388.124.

      Sec. 19. NRS 388.125 and 388.129 are hereby repealed.

      Sec. 20.  This act becomes effective on July 1, 2013.

________

CHAPTER 340, SB 443

Senate Bill No. 443–Committee on Education

 

CHAPTER 340

 

[Approved: June 1, 2013]

 

AN ACT relating to education; revising provisions governing applications for authorization to sponsor charter schools by the board of trustees of a school district or a college or university within the Nevada System of Higher Education; removing certain duties of the Department of Education related to the review of applications to form charter schools; requiring the Department to adopt regulations for the comprehensive review of the sponsors of charter schools approved by the Department and for the revocation of the authorization to sponsor charter schools; revising provisions governing the duties of the governing body of a charter school; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools. (NRS 386.515) Section 2 of this bill clarifies that, in addition to the board of trustees of a school district, a college or university must also submit an application to the Department of Education for authorization to sponsor charter schools. Also under existing law, the Department is required to adopt regulations prescribing the process for submission of an application by the board of trustees of a school district for authorization to sponsor charter schools. (NRS 386.540) Section 5 of this bill adds a college or university within the Nevada System of Higher Education to the application process and requires the Department to adopt regulations prescribing: (1) the process and timeline for review of an application for authorization to sponsor charter schools; (2) the process for the Department to conduct a comprehensive review of sponsors of charter schools approved by the Department at least once every 3 years; and (3) the process for the Department to revoke the authorization of a board of trustees or a college or university to sponsor charter schools.

      Under existing law, the proposed sponsor of a charter school may request the Department to assist in the reviewing of an application to form a charter school by determining whether the application is substantially complete and compliant. If the Department determines that an application is not substantially complete and compliant, the staff of the Department is required to meet with the applicant to confer on the method to correct the deficiencies in the application identified by the Department. (NRS 386.520) Sections 3 and 4 of this bill remove these provisions relating to the review of an application to form a charter school by the Department.

      Existing law requires the Department to provide appropriate information, education and training for charter schools and the governing bodies of charter schools concerning the applicable provisions of the laws and regulations relating to charter schools. (NRS 386.545) Section 6 of this bill transfers this duty to provide information, education and training to the sponsor of the charter school.

 


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      Under existing law, a person may serve on the governing body of a charter school only if he or she submits an affidavit to the Department indicating that the person: (1) has not been convicted of a felony relating to service on the governing body; and (2) has read and understands material relating to the roles and responsibilities of members of governing bodies of charter schools. (NRS 386.549) Section 7 of this bill revises the requirement for the submission of the affidavit so that the affidavit is submitted to the sponsor of the charter school rather than the Department.

      Section 8 of this bill changes the date for the sponsor of a charter school to submit an annual report to the Department on the evaluation of the charter schools it sponsors from August 15 to October 1. (NRS 386.610)

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2. 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 [.] in accordance with the regulations adopted by the Department pursuant to NRS 386.540. 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 Public Charter School Authority shall sponsor charter schools whose applications have been approved by the State Public Charter School Authority pursuant to NRS 386.525. Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.

      3.  A college or university within the Nevada System of Higher Education may submit an application to the Department to sponsor charter schools [.] in accordance with the regulations adopted by the Department pursuant to NRS 386.540. An application must be approved by the Department before a college or university within the Nevada System of Higher Education may sponsor a charter school.

      4.  Each sponsor of a charter school shall carry out the following duties and powers:

      (a) Evaluating applications to form charter schools as prescribed by NRS 386.525;

      (b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;

      (c) Declining to approve applications to form charter schools that do not satisfy the requirements of NRS 386.525;

      (d) Negotiating and executing written charters pursuant to NRS 386.527;

      (e) Monitoring, in accordance with NRS 386.490 to 386.610, inclusive, and in accordance with the terms and conditions of the applicable written charter, the performance and compliance of each charter school sponsored by the entity; and

 


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      (f) Determining whether each written charter of a charter school that the entity sponsors merits renewal or whether the renewal of the written charter should be denied or the written charter should be revoked in accordance with NRS 386.530 or 386.535, as applicable.

      5.  Each sponsor of a charter school shall develop policies and practices that are consistent with state laws and regulations governing charter schools. In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools. The policies and practices must include, without limitation:

      (a) The organizational capacity and infrastructure of the sponsor for sponsorship of charter schools, which must not be described as a limit on the number of charter schools the sponsor will approve;

      (b) The procedure for evaluating charter school applications in accordance with NRS 386.525;

      (c) A description of how the sponsor will maintain oversight of the charter schools it sponsors; and

      (d) A description of the process of evaluation for charter schools it sponsors in accordance with NRS 386.610.

      6.  Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.

      Sec. 3. NRS 386.520 is hereby amended to read as follows:

      386.520  1.  A committee to form a charter school must consist of:

      (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing;

      (b) One member who:

             (1) Satisfies the qualifications of paragraph (a); or

             (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing;

      (c) One parent or legal guardian who is not a teacher or employee of the proposed charter school; and

      (d) Two members who possess knowledge and expertise in one or more of the following areas:

             (1) Accounting;

             (2) Financial services;

             (3) Law; or

             (4) Human resources.

      2.  In addition to the members who serve pursuant to subsection 1, the committee to form a charter school may include, without limitation, not more than four additional members as follows:

      (a) Members of the general public;

      (b) Representatives of nonprofit organizations and businesses; or

      (c) Representatives of a college or university within the Nevada System of Higher Education.

      3.  A majority of the persons who serve on the committee to form a charter school must be residents of this State at the time that the application to form the charter school is submitted to the Department.

      4.  An application to form a charter school must include all information prescribed by the Department by regulation and:

 


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      (a) A written description of how the charter school will carry out the provisions of NRS 386.490 to 386.610, inclusive.

      (b) A written description of the mission and goals for the charter school. A charter school must have as its stated purpose at least one of the following goals:

             (1) Improving the academic achievement of pupils;

             (2) Encouraging the use of effective and innovative methods of teaching;

             (3) Providing an accurate measurement of the educational achievement of pupils;

             (4) Establishing accountability and transparency of public schools;

             (5) Providing a method for public schools to measure achievement based upon the performance of the schools; or

             (6) Creating new professional opportunities for teachers.

      (c) The projected enrollment of pupils in the charter school.

      (d) The proposed dates for accepting applications for enrollment in the initial year of operation of the charter school.

      (e) The proposed system of governance for the charter school, including, without limitation, the number of persons who will govern, the method for nominating and electing the persons who will govern and the term of office for each person.

      (f) The method by which disputes will be resolved between the governing body of the charter school and the sponsor of the charter school.

      (g) The proposed curriculum for the charter school and, if applicable to the grade level of pupils who are enrolled in the charter school, the requirements for the pupils to receive a high school diploma, including, without limitation, whether those pupils will satisfy the requirements of the school district in which the charter school is located for receipt of a high school diploma.

      (h) The textbooks that will be used at the charter school.

      (i) The qualifications of the persons who will provide instruction at the charter school.

      (j) Except as otherwise required by NRS 386.595, the process by which the governing body of the charter school will negotiate employment contracts with the employees of the charter school.

      (k) A financial plan for the operation of the charter school. The plan must include, without limitation, procedures for the audit of the programs and finances of the charter school and guidelines for determining the financial liability if the charter school is unsuccessful.

      (l) A statement of whether the charter school will provide for the transportation of pupils to and from the charter school. If the charter school will provide transportation, the application must include the proposed plan for the transportation of pupils. If the charter school will not provide transportation, the application must include a statement that the charter school will work with the parents and guardians of pupils enrolled in the charter school to develop a plan for transportation to ensure that pupils have access to transportation to and from the charter school.

      (m) The procedure for the evaluation of teachers of the charter school, if different from the procedure prescribed in NRS 391.3125 and 391.3128. If the procedure is different from the procedure prescribed in NRS 391.3125 and 391.3128, the procedure for the evaluation of teachers of the charter school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125 and 391.3128.

 


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school must provide the same level of protection and otherwise comply with the standards for evaluation set forth in NRS 391.3125 and 391.3128.

      (n) The time by which certain academic or educational results will be achieved.

      (o) The kind of school, as defined in subsections 1 to 4, inclusive, of NRS 388.020, for which the charter school intends to operate.

      (p) A statement of whether the charter school will enroll pupils who are in a particular category of at-risk pupils before enrolling other children who are eligible to attend the charter school pursuant to NRS 386.580 and the method for determining eligibility for enrollment in each such category of at-risk pupils served by the charter school.

      5.  [The proposed sponsor of a charter school may request that the Department review an application before review by the proposed sponsor to determine whether the application is substantially complete and compliant. Upon such a request, the Department shall review an application to form a charter school to determine whether it is substantially complete and compliant. If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the Department shall provide written notice to the applicant that the application is ineligible for consideration by the proposed sponsor.

      6.  The Department shall provide written notice to the applicant and the proposed sponsor of the charter school of its determination whether the application is substantially complete and compliant. If the Department determines that an application is not substantially complete and compliant, the Department shall include in the written notice the basis for that determination and the deficiencies in the application. The staff designated by the Department shall meet with the applicant to confer on the method to correct the identified deficiencies. 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. If the Department determines an application is substantially complete and compliant, the Department shall transmit the application to the proposed sponsor for review pursuant to NRS 386.525.

      7.]  As used in subsection 1, “teacher” means a person who:

      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 4. NRS 386.525 is hereby amended to read as follows:

      386.525  1.  [Except as otherwise provided in this subsection, a] A committee to form a charter school may submit the application to the proposed sponsor of the charter school. [If the proposed sponsor of a charter school requested that the Department review the application pursuant to NRS 386.520 and the Department determined that the application was not substantially complete and compliant pursuant to that section, the application may not be submitted to the proposed sponsor for review pursuant to this section.] If an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.

 


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      2.  If the board of trustees of a school district or a college or a university within the Nevada System of Higher Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 45 days after the receipt of the application, or a period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS. [If the proposed sponsor requested that the Department review the application pursuant to NRS 386.520, the proposed sponsor shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department.] The board of trustees, the college or the university, as applicable, shall review an application to determine whether the application:

      (a) Complies with NRS 386.490 to 386.610, inclusive, and the regulations applicable to charter schools; and

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

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

      4.  If the board of trustees, the college or the university, as applicable, 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.

      5.  If the board of trustees, the college or the university, as applicable, denies an application after it has been resubmitted pursuant to subsection 4, the applicant may submit a written request for sponsorship by the State Public Charter School Authority not more than 30 days after receipt of the written notice of denial. Any request that is submitted pursuant to this subsection must be accompanied by the application to form the charter school.

      6.  If the State Public Charter School Authority receives an application pursuant to subsection 1 or 5, it shall consider the application at a meeting which must be held not later than 45 days after receipt of the application. [If the State Public Charter School Authority requested that the Department review the application pursuant to NRS 386.520, the State Public Charter School Authority shall be deemed to receive the application pursuant to this subsection upon transmittal of the application from the Department.] Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the factors set forth in paragraphs (a) and (b) of subsection 2. [The Department shall assist the State Public Charter School Authority in the review of an application.] The State Public Charter School Authority may approve an application if it satisfies the requirements of paragraphs (a) and (b) of subsection 2. Not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.

 


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      7.  If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the applicant failed to adequately address objective criteria established by regulation of the Department or the State Board. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies in the application. The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies. 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.

      8.  If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 7, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.

      9.  On or before January 1 of each odd-numbered year, the Superintendent of Public Instruction shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature. The report must include:

      (a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;

      (b) The educational focus of each charter school for which an application was submitted;

      (c) The current status of the application; and

      (d) If the application was denied, the reasons for the denial.

      Sec. 5. NRS 386.540 is hereby amended to read as follows:

      386.540  1.  The Department shall adopt regulations that prescribe:

      (a) The process for submission of an application pursuant to NRS 386.515 by the board of trustees of a school district or a college or university within the Nevada System of Higher Education to the Department for authorization to sponsor charter schools , [and] the contents of the application [;] , the process for the Department to review the application and the timeline for review;

      (b) The process for the Department to conduct a comprehensive review of the sponsors of charter schools that it has approved for sponsorship pursuant to NRS 386.515 at least once every 3 years;

      (c) The process for the Department to determine whether to continue or to revoke the authorization of a board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor charter schools;

      (d) The process for submission of an application to form a charter school to the board of trustees of a school district, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education, and the contents of the application;

      [(c)](e) The process for submission of an application to renew a written charter;

      [(d)](f) The criteria and type of investigation that must be applied by the board of trustees, the State Public Charter School Authority and a college or university within the Nevada System of Higher Education in determining whether to approve an application to form a charter school, an application to renew a written charter or a request for an amendment of a written charter; and

 


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ê2013 Statutes of Nevada, Page 1668 (Chapter 340, SB 443)ê

 

whether to approve an application to form a charter school, an application to renew a written charter or a request for an amendment of a written charter; and

      [(e)](g) The process for submission of an amendment of a written charter pursuant to NRS 386.527 and the contents of the application.

      2.  The Department may adopt regulations as it determines are necessary to carry out the provisions of NRS 386.490 to 386.610, inclusive, including, without limitation, regulations that prescribe the:

      (a) Procedures for accounting and budgeting;

      (b) Requirements for performance audits and financial audits of charter schools on an annual basis for charter schools that do not satisfy the requirements of subsection 1 of NRS 386.5515; and

      (c) Requirements for performance audits every 3 years and financial audits on an annual basis for charter schools that satisfy the requirements of subsection 1 of NRS 386.5515.

      Sec. 6. 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:

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

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

      2.  The sponsor of a charter school shall:

      (a) Provide reasonable assistance to an applicant for a charter school and to a charter school in carrying out the provisions of NRS 386.490 to 386.610, inclusive;

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

      (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; [and]

      (d) Provide timely access to the electronic data concerning the pupils enrolled in the charter school that is maintained pursuant to NRS 386.650 [.] ; and

      (e) Provide appropriate information, education and training to a charter school and the governing body of a charter school concerning the applicable provisions of this title and any other laws and regulations that affect charter schools and the governing bodies of charter schools.

      3.  If the board of trustees of a school district is the sponsor of a charter school, the sponsor shall:

      (a) Provide the charter school with an updated list of available substitute teachers within the school district.

      (b) Provide access to school buses for use by the charter school for field trips. The school district may charge a reasonable fee for the use of the school buses.

      (c) If the school district offers summer school or Internet-based credit recovery classes, allow the pupils enrolled in the charter school to participate if space is available. The school district shall apply the same fees, if any, for participation of the pupils enrolled in the charter school as it applies to pupils enrolled in the school district.

      4.  [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.

 


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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.

      5.]  If the Department prescribes a process for charter schools to report certain information, the Department may request the identified information regardless if that information is required to be submitted by charter schools pursuant to a specific statute. Upon such a request, a charter school shall provide the information if the Department includes a detailed description of the requested information and the mechanism by which the Department will pay or reimburse the charter school for the requested information, if the provision of the information will incur any costs for the charter school.

      Sec. 7. NRS 386.549 is hereby amended to read as follows:

      386.549  1.  The governing body of a charter school must consist of:

      (a) One member who is a teacher or other person licensed pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing.

      (b) One member who:

             (1) Satisfies the qualifications of paragraph (a); or

             (2) Is a school administrator with a license issued by another state or who previously held such a license and is retired, as long as his or her license was held in good standing.

      (c) One parent or legal guardian of a pupil enrolled in the charter school who is not a teacher or an administrator at the charter school.

      (d) Two members who possess knowledge and experience in one or more of the following areas:

             (1) Accounting;

             (2) Financial services;

             (3) Law; or

             (4) Human resources.

      2.  In addition to the members who serve pursuant to subsection 1, the governing body of a charter school may include, without limitation, parents and representatives of nonprofit organizations and businesses. Not more than two persons who serve on the governing body may represent the same organization or business or otherwise represent the interests of the same organization or business. A majority of the members of the governing body must reside in this State. If the membership of the governing body changes, the governing body shall provide written notice to the sponsor of the charter school within 10 working days after such change.

      3.  A person may serve on the governing body only if the person submits an affidavit to the [Department] sponsor of the charter school indicating that the person:

      (a) Has not been convicted of a felony relating to serving on the governing body of a charter school or any offense involving moral turpitude.

      (b) Has read and understands material concerning the roles and responsibilities of members of governing bodies of charter schools and other material designed to assist the governing bodies of charter schools, if such material is provided to the person by the [Department.] sponsor.

      4.  The governing body of a charter school 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 requisite to attain the ends for which the charter school is established and to promote the welfare of pupils who are enrolled in the charter school.

 


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      5.  The governing body of a charter school shall, during each calendar quarter, hold at least one regularly scheduled public meeting in the county in which the charter school is located. Upon an affirmative vote of a majority of the membership of the governing body, each member is entitled to receive a salary of not more than $80 for attendance at each meeting, as fixed by the governing body, not to exceed payment for more than one meeting per month.

      6.  As used in subsection 1, “teacher” means a person who:

      (a) Holds a current license to teach issued pursuant to chapter 391 of NRS or who previously held such a license and is retired, as long as his or her license was held in good standing; and

      (b) Has at least 2 years of experience as an employed teacher.

Ê The term does not include a person who is employed as a substitute teacher.

      Sec. 8. NRS 386.610 is hereby amended to read as follows:

      386.610  1.  On or before [August 15] October 1 of each year, the sponsor of a charter school shall submit a written report to the Department. The written report must include:

      (a) An evaluation of the progress of each charter school that it sponsors in achieving the educational goals and objectives of the charter school.

      (b) A description of all administrative support and services provided by the sponsor to the charter school, including, without limitation, an itemized accounting for the costs of the support and services.

      (c) An identification of each charter school approved by the sponsor:

             (1) Which has not opened and the scheduled time for opening, if any;

             (2) Which is open and in operation;

             (3) Which has transferred sponsorship;

             (4) Whose written charter has been revoked by the sponsor;

             (5) Whose written charter has not been renewed by the sponsor; and

             (6) Which has voluntarily ceased operation.

      (d) A description of the strategic vision of the sponsor for the charter schools that it sponsors and the progress of the sponsor in achieving that vision.

      (e) A description of the services provided by the sponsor pursuant to a service agreement entered into with the governing body of the charter school pursuant to NRS 386.561, including an itemized accounting of the actual costs of those services.

      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. 9.  This act becomes effective on July 1, 2013.

________

 

 

 

 


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ê2013 Statutes of Nevada, Page 1671ê

 

CHAPTER 341, SB 446

Senate Bill No. 446–Committee on Education

 

CHAPTER 341

 

[Approved: June 1, 2013]

 

AN ACT relating to education; authorizing the three Nevada State Commissioners who are appointed to the Western Interstate Commission for Higher Education to enter into reciprocity agreements for the purpose of authorizing certain postsecondary educational institutions to provide distance education to residents of this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Western Interstate Commission for Higher Education is a regional organization created by the Western Regional Higher Education Compact to meet certain educational needs of the western states and territories of the United States. The Governor of Nevada endorsed and thereby adopted the Compact in 1959. (NRS 397.010-397.080) As provided by the Compact, the Commission includes three Commissioners from the State of Nevada who are appointed by the Governor. (NRS 397.030) This bill authorizes the three Commissioners appointed to the Commission from the State of Nevada to enter into certain reciprocity agreements for the purpose of authorizing certain postsecondary educational institutions that are located in another state or territory of the United States to provide distance education to residents of this State.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 394.415 is hereby amended to read as follows:

      394.415  [The] Except as otherwise provided in NRS 397.060, the Commission is the sole authority for licensing a postsecondary educational institution. Any person who operates or claims to operate such an institution must be licensed by the Commission. The Administrator may require any person who operates or claims to operate such an institution to furnish information which will allow the Commission to determine whether a license is required.

      Sec. 2. NRS 397.060 is hereby amended to read as follows:

      397.060  The three Nevada State Commissioners, acting jointly [, shall:] :

      1.  Shall:

      (a) Choose from among Nevada residents who apply, and have at least 1 year’s residence in this state immediately before applying for the program, those most qualified for contract places; and

      [2.](b) Certify them to receiving institutions.

      2.  May enter into any reciprocity agreement, including, without limitation, the State Authorization Reciprocity Agreement, for the purpose of authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State if the requirements contained in the agreement for authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State are substantially similar to the requirements for licensure of a postsecondary educational institution by the Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive.

 


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ê2013 Statutes of Nevada, Page 1672 (Chapter 341, SB 446)ê

 

to residents of this State are substantially similar to the requirements for licensure of a postsecondary educational institution by the Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive. As used in this subsection, “postsecondary educational institution” has the meaning ascribed to it in NRS 394.099.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 342, SB 447

Senate Bill No. 447–Committee on Education

 

CHAPTER 342

 

[Approved: June 1, 2013]

 

AN ACT relating to education; revising provisions governing the Office of Parental Involvement and Family Engagement; revising provisions governing the budgets of the regional training programs for the professional development of teachers and administrators; authorizing certain unlicensed personnel to monitor a computer laboratory without the direct supervision of licensed personnel; revising provisions governing the membership and duties of the Statewide Council for the Coordination of the Regional Training Programs; requiring a regional training program to provide certain training related to performance evaluations for administrators, teachers and other licensed educational personnel; revising provisions relating to the annual reporting requirement for the governing body of a regional training program; making various changes relating to attendance officers; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes and sets forth requirements for three regional training programs for the professional development of administrators, teachers and other licensed educational personnel. (NRS 391.500-391.556) Existing law also creates the Statewide Council for the Coordination of the Regional Training Programs. (NRS 391.516) Section 5.3 of this bill revises the current membership of the Statewide Council to consist of the Superintendent of Public Instruction or a designee and eight members appointed by the Majority Leader of the Senate, the Speaker of the Assembly, the Governor and the governing body of each regional training program. Section 6 of this bill requires the governing body of each regional training program to submit a proposed biennial budget for the regional training program to the Statewide Council for its approval. Section 6 further provides that the biennial budget for each regional training program, as approved, must be included in the biennial budget of the Department of Education. Section 3 of this bill requires that if the governing body of a regional training program seeks to make revisions to its budget for the remainder of a fiscal year, it must submit its request for the proposed revisions, in the format prescribed by the Superintendent of Public Instruction, to the Statewide Council for its approval or disapproval.

      Existing law creates the Office of Parental Involvement and Family Engagement and requires the Office to work in cooperation with the Statewide Council to establish a statewide training program for teachers and administrators concerning effective parental involvement and family engagement. (NRS 385.635, 391.520) Sections 2.5 and 5.5 of this bill require the Statewide Council to coordinate with the Office in carrying out all the duties of the Office.

 


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ê2013 Statutes of Nevada, Page 1673 (Chapter 342, SB 447)ê

 

      Section 7 of this bill requires a regional training program to provide: (1) training for certain administrators relating to the manner in which evaluations of teachers and other licensed educational personnel are conducted; and (2) training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in performance evaluations.

      Existing law requires the governing body of each regional training program to submit an annual report to the State Board of Education, the Commission on Professional Standards in Education, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation. (NRS 391.552) Section 8 of this bill requires the governing body to submit the annual report to the Statewide Council before submission to the other entities and to incorporate any revisions recommended by the Statewide Council into the annual report. Section 8 also revises the required content of the annual report to include the number of teachers, administrators and other licensed educational personnel who received certain training through the regional training program in the immediately preceding year. Section 6.5 of this bill provides for the review of the 5-year plan for the regional training program by the Statewide Council and for the incorporation of Council’s recommended revisions to the plan.

      Existing law requires the unlicensed personnel of a school district to be directly supervised by licensed personnel in all duties which are instructional in nature. (NRS 391.273) Section 4 of this bill makes an exception to this requirement by authorizing certain paraprofessionals and teacher’s aides to monitor a computer laboratory without being directly supervised by licensed personnel.

      Existing law authorizes the board of trustees of a school district to appoint an attendance officer for the school district. (NRS 392.150) Existing law also provides that under certain circumstances a school police officer or law enforcement agency may investigate a pupil for truancy and prepare a citation directing any pupil who appears to be a habitual truant to appear in juvenile court. (NRS 392.149) Sections 9-11 of this bill authorize an attendance officer to also conduct such investigations and prepare such citations.

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

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

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

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.

 


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ê2013 Statutes of Nevada, Page 1674 (Chapter 342, SB 447)ê

 

      (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made:

             (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

             (2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

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

      (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

 


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ê2013 Statutes of Nevada, Page 1675 (Chapter 342, SB 447)ê

 

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, 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, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State 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) 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) 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:

                   (I) 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

 


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                   (II) 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.

      (m) The total expenditure per pupil for each school district in this State, 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, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes 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.

      (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

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

 


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      (w) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (x) Each source of funding for this State to be used for the system of public education.

      (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

             (1) The amount and sources of money received for programs of remedial study.

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

      (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (cc) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (dd) The number of habitual truants who are reported to an attendance officer, a school police officer or a local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 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, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (ee) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

 


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             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, 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 programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ff) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (gg) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      (hh) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (ii) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

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

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

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

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

 


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      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

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

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

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

      Sec. 2. 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 educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before September 30 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 sponsored by 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 sponsored by the district, and each grade in which the examinations were administered:

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

             (2) 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.

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

 


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                   (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.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

             (5) The percentage of pupils who were not tested.

             (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 groups identified in subparagraph (3).

             (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.

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the 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.

             (9) For each school in the district, including, without limitation, each charter school sponsored by 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.

             (10) Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

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

      (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school.

 


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report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (e) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

      (f) 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 sponsored by 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;

             (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;

 


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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) 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) 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:

                   (I) 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) 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.

      (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by 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.

      (h) 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 sponsored by the district.

      (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of 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. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

 


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             (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.

      (k) 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 sponsored by the district.

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

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

             (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; and

             (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

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

      (n) 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 sponsored by the district.

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

      (p) 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 sponsored by the district.

      (q) 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 sponsored by the district.

      (r) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

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

      (t) 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 study for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

 


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      (u) For each high school in the district, including, without limitation, each charter school sponsored by 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, state college or community college within the Nevada System of Higher Education.

      (v) The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

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

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (x) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (y) The number of habitual truants who are reported to an attendance officer, a school police officer or a 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.

      (z) 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 sponsored by the district.

      (aa) 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.

      (bb) Information on whether each public school in the district, including, without limitation, each charter school sponsored by 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.

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

 

 


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             (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.

      (dd) For each high school in the district, including, without limitation, each charter school sponsored by the district 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.

      (ee) 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.

      (ff) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (gg) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

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

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to (hh), inclusive, of subsection 2, as applicable to charter schools.

 


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the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to (hh), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section 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 Department.

      4.  The records of attendance maintained by a school for purposes of paragraph (k) of subsection 2 or maintained by a charter school for purposes of the reporting required pursuant to subsection 3 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 the teacher 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.

      5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, 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.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsections 2 and 3 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

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

      7.  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.

 


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      8.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (i) of subsection 2.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

      9.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, 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, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 9 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 or 3, as applicable.

 

 


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      11.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

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

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

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

      Sec. 2.5. NRS 385.635 is hereby amended to read as follows:

      385.635  1.  The Office of Parental Involvement and Family Engagement created by NRS 385.630 shall:

      (a) Review and evaluate the programs implemented by the school districts and public schools, including, without limitation, programs which are supported in part with money received from the Federal Government, for carrying out and increasing parental involvement and family engagement in the public schools. The review and evaluation must include an identification of current strategies and practices for effective parental involvement and family engagement.

      (b) Develop a list of practices which have been proven effective in increasing the involvement of parents and the engagement of families in the education of their children, including, without limitation, practices that increase the ability of school districts and public schools to effectively reengage parents and families and provide those parents and families with the skills and resources necessary to support the academic achievement of their children.

      (c) Work in cooperation with the Statewide Council for the Coordination of the Regional Training Programs [to establish] in carrying out the duties of the Office, including, without limitation, the establishment of a statewide training program concerning parental involvement and family engagement required pursuant to NRS 391.520.

      (d) Provide information to the school districts and public schools on the availability of competitive grants for programs which offer:

             (1) Professional development for educational personnel on practices to reengage disengaged parents and families in the education of their children;

             (2) Training for parents and families in skills of leadership and volunteerism;

             (3) Family literacy training;

             (4) Home visitation programs to encourage the involvement of parents and the engagement of families in the education of their children; and

             (5) Other innovative programs that are designed to increase the involvement of parents and the engagement of families in the academic achievement of their children.

      (e) Provide support to those school districts which have established an advisory council on parental involvement and family engagement pursuant to NRS 385.625 and encourage those school districts which have not established such an advisory council to consider creating an advisory council for the school district.

      (f) Build the capacity of public schools to work in collaboration with parents to establish policies for the involvement of parents and the engagement of families, including, without limitation, policies that focus on partnerships between public schools and the parents and families of children enrolled in public schools and the empowerment of parents and families in support of the education of their children.

 


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engagement of families, including, without limitation, policies that focus on partnerships between public schools and the parents and families of children enrolled in public schools and the empowerment of parents and families in support of the education of their children.

      (g) Work in cooperation with the Commission on Professional Standards in Education in developing the regulations required by paragraph (k) of subsection 1 of NRS 391.019 and monitoring the implementation of those regulations.

      (h) Establish, in collaboration with the State Board, guidelines to assist parents and families in helping their children achieve the standards of content and performance adopted by the State Board pursuant to NRS 389.520.

      (i) Collaborate with the Nevada State Parent Information and Resource Center, the Parent Training and Information Centers, the Nevada Parent Teacher Association, the Advisory Council and the teachers who are trained to serve as liaisons to parents and legal guardians of pupils enrolled in public schools to plan and implement a statewide summit on parental involvement and family engagement, which must be held at least biennially. After each summit, the Office of Parental Involvement and Family Engagement shall evaluate the success of the summit in consultation with the entities identified in this paragraph.

      (j) Assist each school district and the public schools within the school district with incorporating strategies and practices for effective parental involvement and family engagement into the plans to improve the achievement of pupils prepared by the public schools pursuant to NRS 385.357.

      (k) Work in partnership with the Advisory Council to:

             (1) Review and evaluate the annual reports of accountability prepared by the board of trustees of each school district pursuant to NRS 385.347 relating to parental involvement and family engagement in the school districts and public schools;

             (2) Review and evaluate the plans to improve the achievement of pupils prepared by each public school pursuant to NRS 385.357 relating to the strategies and practices for effective parental involvement and family engagement incorporated into the plans; and

             (3) Review the status of the implementation of the provisions of this section and the effectiveness of the Office in carrying out the duties prescribed in this section.

      2.  On or before August 1 of each year, the Office of Parental Involvement and Family Engagement shall prepare a report which includes a summary of the:

      (a) Status of the progress made by the school districts and public schools in effectively involving parents and engaging families in the education of their children and an identification of any areas where further improvement is needed; and

      (b) Activities of the Office during the immediately preceding school year, including the progress made by the Office, in consultation with the Advisory Council, in assisting the school districts and public schools with increasing the effectiveness of involving parents and engaging families in the education of their children.

      3.  The Department shall post on its Internet website:

      (a) The list of practices developed by the Office of Parental Involvement and Family Engagement pursuant to paragraph (b) of subsection 1;

 


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      (b) The report prepared by the Office pursuant to subsection 2; and

      (c) Any other information that the Office finds useful for the school districts, public schools, parents, families and general public relating to effective parental involvement and family engagement.

      Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the governing body of a regional training program determines that a revision of the budget for the program is necessary because of changed conditions, the governing body may submit a request for a budget revision for the remainder of a fiscal year to the Statewide Council.

      2.  Every request for a budget revision must be submitted to the Statewide Council in the form and with such supporting information as the Superintendent of Public Instruction prescribes.

      3.  The Statewide Council shall approve or disapprove the request for a budget revision in writing. The Statewide Council may approve the request if the Statewide Council determines the budget revision is necessary because of changed conditions.

      4.  If the Statewide Council approves the request for a budget revision, the Statewide Council shall determine whether a request for a revision of a work program pursuant to NRS 353.220 is necessary. If the request for a revision of a work program pursuant to NRS 353.220 is necessary, the procedures set forth in NRS 353.220 must be complied with before the governing body of the regional training program may implement the budget revision.

      Sec. 4. NRS 391.273 is hereby amended to read as follows:

      391.273  1.  Except as otherwise provided in subsections 4 , [and] 10 and 11 and except for persons who are supervised pursuant to NRS 391.096, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.

      2.  Unlicensed personnel who are exempted pursuant to subsection 4 must be under administrative supervision when performing duties which are instructional in nature.

      3.  Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.

      4.  Except as otherwise provided in subsection 5, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1. The Superintendent shall not grant an exemption unless:

      (a) The duties are within the employee’s special expertise or training;

      (b) The duties relate to the humanities or an elective course of study, or are supplemental to the basic curriculum of a school;

      (c) The performance of the duties does not result in the replacement of a licensed employee or prevent the employment of a licensed person willing to perform those duties;

      (d) The secondary or combined school in which the duties will be performed has less than 100 pupils enrolled and is at least 30 miles from a school in which the duties are performed by licensed personnel; and

      (e) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.

 


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      5.  The exemption authorized by subsection 4 does not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.

      6.  The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:

      (a) The name of the exempt employee;

      (b) The specific instructional duties the exempt employee may perform;

      (c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and

      (d) The date the exemption expires or a statement that the exemption is valid as long as the employee remains in the same position at the same school.

      7.  The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.

      8.  Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher’s aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, “emergency” means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.

      9.  If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 8, the Superintendent shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:

      (a) The number of days on which the violation occurred;

      (b) The number of pupils in the classroom taught by the teacher’s aide; and

      (c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1233.

      10.  Except as otherwise provided in this subsection, a person employed as a teacher’s aide or paraprofessional may monitor pupils in a computer laboratory without being directly supervised by licensed personnel. The provisions of this subsection do not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.

      11.  The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto.

      Sec. 5. NRS 391.500 is hereby amended to read as follows:

      391.500  As used in NRS 391.500 to 391.556, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 391.504 and 391.508 have the meanings ascribed to them in those sections.

 


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      Sec. 5.3. NRS 391.516 is hereby amended to read as follows:

      391.516  1.  The Statewide Council for the Coordination of the Regional Training Programs, consisting of [eight] nine members, is hereby created. The membership of the Council consists of:

      (a) [Each coordinator hired by the governing body of each regional training program pursuant to NRS 391.532.] The Superintendent of Public Instruction or his or her designee.

      (b) One member [of the governing body of each regional training program, appointed by the governing body. The member appointed pursuant to this paragraph may appoint a designee to serve in his or her place.] , who is not a Legislator, appointed by the Majority Leader of the Senate.

      (c) One member, who is not a Legislator, appointed by the Speaker of the Assembly.

      (d) One [representative of] member who is a teacher appointed by the Governor from a list of nominees submitted by the Nevada State Education Association . [, appointed by the President of that Association.

      (d) The Director of the Office of Parental Involvement and Family Engagement appointed pursuant to NRS 385.630, who serves ex officio.]

      (e) One member who is an administrator at a public school employed to provide administrative services at the school level and not to provide administrative services at the district level, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (f) One member appointed by the Governor.

      (g) Three members, each of whom is a superintendent of schools, or his or her designee, appointed by the governing body of each regional training program to represent the school districts served by the regional training program.

      2.  [Each coordinator who serves on the Statewide Council is a member of the Statewide Council only for the period of his or her service as coordinator of the regional training program pursuant to NRS 391.532.] In making the appointments pursuant to paragraphs (b) to (g), inclusive, of subsection 1, the appointing authorities shall consider whether the appointments provide a geographical balance between urban and rural areas of this State and represent the cultural diversity of this State.

      3.  [Each member appointed by the governing body pursuant to paragraph (b) of subsection 1 and the member appointed pursuant to paragraph (c) of subsection 1] The Statewide Council shall elect a Chair from among its members.

      4.  After the initial terms, the appointed members of the Statewide Council serve a term of 2 years [.

      4.], commencing on July 1 of the year of appointment. A member may not be appointed to serve more than 3 consecutive terms.

      5.  A vacancy on the Statewide Council must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      6.  Members of the Statewide Council serve without salary for their service on the Council but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally for each day or portion of a day during which a member attends a meeting of the Statewide Council or is otherwise engaged in the work of the Statewide Council. [For the members of the Statewide Council who are appointed pursuant to paragraphs (a) and (b) of subsection 1, the governing body of the regional training program represented by those members shall pay the per diem allowance and travel expenses.

 


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ê2013 Statutes of Nevada, Page 1693 (Chapter 342, SB 447)ê

 

pursuant to paragraphs (a) and (b) of subsection 1, the governing body of the regional training program represented by those members shall pay the per diem allowance and travel expenses. For the member of the Statewide Council who is appointed pursuant to paragraph (c) of subsection 1, the Nevada State Education Association shall pay the per diem allowance and travel expenses. The Department shall pay the per diem allowance and travel expenses for the Director of the Office of Parental Involvement and Family Engagement.

      5.] The per diem allowance and travel expenses for:

      (a) The members who are appointed by the Majority Leader of the Senate and the Speaker of the Assembly must be paid from the Legislative Fund.

      (b) All other members must be paid by the Department.

      7.  The Department shall provide administrative support to the Statewide Council.

      8.  The governing bodies of the regional training programs may mutually agree to expend a portion of their respective budgets to pay for [the] any administrative support of the Statewide Council [.] that is required in addition to that provided pursuant to subsection 7.

      Sec. 5.5. NRS 391.520 is hereby amended to read as follows:

      391.520  1.  The Statewide Council shall meet not less than four times per year.

      2.  The Statewide Council shall:

      (a) Adopt uniform standards for use by the governing body of each regional training program in the review and approval by the governing body of the training to be provided by the regional training program pursuant to NRS 391.540 and 391.544. The standards must ensure that the training provided by the regional training programs includes activities set forth in 20 U.S.C. § 7801(34), as appropriate for the type of training offered, is of high quality and is effective in addressing the training programs specified in subsection 1 of NRS 391.544.

      (b) In cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630, establish a statewide program for teachers and administrators concerning effective parental involvement and family engagement which includes:

             (1) Training for teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      (c) Coordinate the dissemination of information to school districts, administrators and teachers concerning the training, programs and services provided by the regional training programs.

      (d) Disseminate information to the regional training programs concerning innovative and effective methods to provide professional development.

      (e) Conduct long-range planning concerning the professional development needs of teachers and administrators employed in this state.

 


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      (f) Adopt uniform procedures and criteria for use by the governing body of each regional training program to report the evaluation conducted pursuant to NRS 391.552.

      (g) Review and recommend any necessary revisions to the 5-year plan prepared by the governing body of each regional training program pursuant to NRS 391.540.

      (h) Review and recommend any necessary revisions to the annual report prepared by the governing body of each regional training program pursuant to NRS 391.552.

      (i) Ensure that the governing body of each regional training program considers the plans to improve the achievement of pupils prepared pursuant to NRS 385.357 for the public schools within the primary jurisdiction of the regional training program and the plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691 and is guided by those plans in the provision of professional development for teachers and administrators.

      (j) Coordinate with the Office of Parental Involvement and Family Engagement in carrying out the duties of the Office.

      3.  The Statewide Council may:

      (a) Accept gifts and grants from any source for use by the Statewide Council in carrying out its duties pursuant to this section and accept gifts and grants from any source on behalf of one or more regional training programs to assist with the training provided pursuant to NRS 391.544; and

      (b) Comply with applicable federal laws and regulations governing the provision of federal grants to assist the Statewide Council in carrying out its duties pursuant to this section and comply with applicable federal laws and regulations governing the provision of federal grants to assist with the training provided pursuant to NRS 391.544, including, without limitation, providing money from the budget of the Statewide Council to match the money received from a federal grant.

      Sec. 5.7. NRS 391.532 is hereby amended to read as follows:

      391.532  1.  The governing body of each regional training program shall:

      (a) Employ or otherwise contract with a coordinator of the program, who serves at the pleasure of the governing body.

      (b) Set the salary or other compensation of the coordinator.

      2.  The coordinator of each regional training program shall:

      (a) [Serve on the Statewide Council;

      (b)] Assist in the evaluation of the regional training program, as directed by the governing body; and

      [(c)](b) Perform such other duties as directed by the governing body.

      Sec. 6. NRS 391.536 is hereby amended to read as follows:

      391.536  1.  On [an annual basis,] or before the deadline prescribed by the Statewide Council, the governing body of each regional training program shall [review the budget for the program and] submit a proposed biennial budget for the regional training program to the [Legislative Committee on Education.] Statewide Council.

      2.  The proposed biennial budget of the regional training program must be in the form prescribed by the Superintendent of Public Instruction and include, without limitation, the amount of money requested by the governing body to pay for the salary or other compensation of the coordinator of the program hired pursuant to NRS 391.532.

 


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ê2013 Statutes of Nevada, Page 1695 (Chapter 342, SB 447)ê

 

governing body to pay for the salary or other compensation of the coordinator of the program hired pursuant to NRS 391.532. [In even-numbered years, the proposed budget must be submitted to the Legislative Committee on Education at least 4 months before the commencement of the next regular session of the Legislature.

      2.]3.  The Statewide Council may deny any portion of a proposed biennial budget submitted by a regional training program. If the Statewide Council denies any portion of a proposed biennial budget, the Statewide Council shall provide a written report that describes the reasons for the denial to the governing body of the regional training program that submitted the proposed biennial budget, and the governing body of the regional training program may revise the proposed biennial budget and resubmit the revised proposed biennial budget to the Statewide Council for review. If the Statewide Council denies any portion of the revised proposed biennial budget, the Statewide Council shall submit a copy of the written report describing the reasons for the denial to:

      (a) The governing body of the regional training program that submitted the revised proposed biennial budget;

      (b) The fiscal agent for the regional training program;

      (c) The Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature; and

      (d) The Legislative Committee on Education.

      4.  The proposed biennial budget of each regional training program, or the parts thereof, that was approved by the Statewide Council pursuant to subsection 3 must be included in the biennial budget of the Department. Any portion of the approved biennial budget of a regional training program that exceeds the budget for the regional training program in the immediately preceding biennium must be included in the biennial budget of the Department as a separate line item.

      5.  The governing body of a regional training program may:

      (a) Accept gifts and grants from any source to assist the governing body in providing the training required by NRS 391.544.

      (b) Comply with applicable federal laws and regulations governing the provision of federal grants to assist with the training provided pursuant to NRS 391.544, including, without limitation, providing money from the budget of the governing body to match the money received from a federal grant.

      Sec. 6.5. NRS 391.540 is hereby amended to read as follows:

      391.540  1.  The governing body of each regional training program shall:

      (a) Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

      (b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

 

 


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      (c) In making the assessment required by paragraph (b) and as deemed necessary by the governing body, review the:

             (1) Plans to improve the achievement of pupils prepared pursuant to NRS 385.357;

             (2) Turnaround plans for schools implemented pursuant to NRS 385.37603; and

             (3) Plans for restructuring schools implemented pursuant to NRS 385.37607,

Ê for individual schools within the primary jurisdiction of the regional training program.

      (d) Prepare a 5-year plan for the regional training program [,] for review by the Statewide Council, which includes, without limitation:

             (1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

             (2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan [.] including, without limitation, the biennial budget of the regional training program for those 2 years.

Ê The governing body shall incorporate into the 5-year plan any revisions recommended by the Statewide Council.

      (e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

      2.  The Department, the Nevada System of Higher Education and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.

      Sec. 7. NRS 391.544 is hereby amended to read as follows:

      391.544  1.  Based upon the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391.540, each regional training program [must] shall provide:

      (a) Training for teachers and other licensed educational personnel in the:

             (1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

             (2) Curriculum and instruction required for the common core state standards adopted by the State Board;

             (3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

 


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             (4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

      (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

             (1) Phonemic awareness;

             (2) Phonics;

             (3) Vocabulary;

             (4) Fluency;

             (5) Comprehension; and

             (6) Motivation.

      (c) Training for administrators who conduct the evaluations required pursuant to NRS 391.3125 and 391.3127 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.

      (d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.3125 or 391.3127.

      (e) At least one of the following types of training:

             (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

             (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

             (3) In addition to the training provided pursuant to paragraph (b) , [of subsection 1,] training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

      [(d)](f) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391.520 training for:

             (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      2.  The training required pursuant to subsection 1 must:

      (a) Include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

      (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

 

 


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      (c) Incorporate training that addresses the educational needs of:

             (1) Pupils with disabilities who participate in programs of special education; and

             (2) Pupils who are limited English proficient.

      3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

      (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

Ê The governing body shall provide a copy of the list on an annual basis to school districts for dissemination to teachers and administrators.

      4.  A regional training program may include model classrooms that demonstrate the use of educational technology for teaching and learning.

      5.  A regional training program may contract with the board of trustees of a school district that is served by the regional training program as set forth in NRS 391.512 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate by the governing body for the type of training offered.

      6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

      Sec. 8. NRS 391.552 is hereby amended to read as follows:

      391.552  The governing body of each regional training program shall:

      1.  Establish a method for the evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures and criteria adopted by the Statewide Council pursuant to NRS 391.520.

      2.  Before submitting the annual report pursuant to subsection 3, submit the annual report to the Statewide Council for its review and incorporate into the annual report any revisions recommended by the Statewide Council.

      3.  On or before September 1 of each year, submit an annual report to the State Board, the Commission, the Legislative Committee on Education and the Legislative Bureau of Educational Accountability and Program Evaluation that includes:

      (a) The priorities for training adopted by the governing body pursuant to NRS 391.540.

      (b) The type of training offered through the regional training program in the immediately preceding year.

      (c) The number of teachers and administrators who received training through the regional training program in the immediately preceding year.

      (d) The number of administrators who received training pursuant to paragraph (c) of subsection 1 of NRS 391.544 in the immediately preceding year.

 


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      (e) The number of teachers, administrators and other licensed educational personnel who received training pursuant to paragraph (d) of subsection 1 of NRS 391.544 in the immediately preceding year.

      (f) The number of teachers who received training pursuant to subparagraph (1) of paragraph (f) of subsection 1 of NRS 391.544 in the immediately preceding year.

      (g) The number of paraprofessionals, if any, who received training through the regional training program in the immediately preceding year.

      [(e)](h) An evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to subsection 1.

      [(f)](i) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.

      [(g)](j) The 5-year plan for the regional training program prepared pursuant to NRS 391.540 and any revisions to the plan made by the governing body in the immediately preceding year.

      Sec. 9. NRS 392.144 is hereby amended to read as follows:

      392.144  1.  If a pupil has one or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.

      2.  If a pupil is a habitual truant pursuant to NRS 392.140, the principal of the school shall:

      (a) Report the pupil to an attendance officer, a school police officer or [to] the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.149; or

      (b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.146.

      3.  The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall report a pupil to an attendance officer, a school police officer or the law enforcement agency pursuant to paragraph (a) of subsection 2 or refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2.

      4.  If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the applicable requirements of 20

 


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U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall report the pupil to an attendance officer, a school police officer or [to a] the local law enforcement agency pursuant to paragraph (a) of subsection 2.

      Sec. 10. NRS 392.147 is hereby amended to read as follows:

      392.147  1.  If an advisory board to review school attendance receives a written referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing. The pupil and the pupil’s parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

      (a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

      (b) A pupil who has been referred to the advisory board.

      2.  If a pupil and the pupil’s parents or legal guardian do not attend the hearing, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or [to] the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149.

      3.  If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or [to] the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:

      (a) Sets forth the findings of the advisory board;

      (b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and

      (c) Adequately informs the pupil and the pupil’s parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or [to] the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149.

Ê The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.

      4.  The chair of an advisory board to review school attendance shall report a pupil to an attendance officer, a school police officer or [to] the appropriate local law enforcement agency if:

 

 


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      (a) The pupil and the pupil’s parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

      (b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

      (c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or

      (d) The pupil or the pupil’s parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.

      5.  If the chair of an advisory board makes such a report to an attendance officer, a school police officer or the local law enforcement agency, the chair shall:

      (a) Submit to the attendance officer, school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

      (b) Make recommendations to the attendance officer, school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

      6.  If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      7.  The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupil’s family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.

      Sec. 11. NRS 392.149 is hereby amended to read as follows:

      392.149  1.  Upon receipt of a report pursuant to NRS 392.144 or 392.147, if it appears after investigation that a pupil is a habitual truant, the attendance officer, school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.

      2.  A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:

      (a) The local law enforcement agency;

      (b) A school police officer employed by the board of trustees of the school district; or

      (c) An attendance officer appointed by the board of trustees of the school district.

      3.  The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.

 

 


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      4.  The provisions of this section apply to all pupils who are required to attend school pursuant to NRS 392.040.

      Sec. 11.5.  1.  The terms of the members of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516 who are incumbent on June 30, 2013, expire on that date.

      2.  On or before July 1, 2013, appointments must be made to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, as amended by section 5.3 of this act, for terms commencing on July 1, 2013, as follows:

      (a) The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint a member pursuant to paragraphs (b) and (c), respectively, of subsection 1 of NRS 391.516, as amended by section 5.3 of this act, to a term of 2 years.

      (b) The Governor shall appoint the members pursuant to:

             (1) Paragraphs (d) and (f) of subsection 1 of NRS 391.516, as amended by section 5.3 of this act, to a term of 2 years; and

             (2) Paragraph (e) of subsection 1 of NRS 391.516, as amended by section 5.3 of this act, to a term of 1 year.

      (c) The governing body of each regional training program for the professional development of teachers and administrators shall each appoint a member pursuant to paragraph (g) of subsection 1 of NRS 391.516, as amended by section 5.3 of this act, to a term of 1 year.

      Sec. 12.  1.  This section and section 11.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 11, inclusive, of this act become effective on July 1, 2013.

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