[Rev. 11/14/2017 12:09:21 PM]

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CHAPTER 501, AB 7

Assembly Bill No. 7–Committee on Education

 

CHAPTER 501

 

[Approved: June 9, 2017]

 

AN ACT relating to education; revising certain references and terms in conformance with revisions to federal law; revising requirements for a plan to improve the achievement of pupils enrolled in a public school; repealing provisions requiring certain schools to carry out a process for peer review of a plan to improve the achievement of pupils enrolled in a school in accordance with federal law; requiring the State Board of Education to establish criteria for assessments that may be used to determine pupil achievement; revising provisions governing the count of pupils for purposes of calculating basic support; requiring the State Board to adopt regulations regarding end-of-course finals; revising the requirements for receipt of a standard high school diploma; providing for the creation of a college and career ready high school diploma; requiring a public awareness campaign concerning high school diplomas and endorsements to be conducted to the extent that money is available; revising provisions governing the annual reports of accountability prepared by the State Board and each school district; revising provisions governing evaluations of the overall performance of teachers and paraprofessionals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2015, Congress passed the Every Student Succeeds Act of 2015, which replaced the No Child Left Behind Act of 2001 and was a significant reauthorization of the Elementary and Secondary Education Act of 1965. (20 U.S.C. §§ 6301 et seq.) Sections 6, 7, 56, 58, 75 and 76 of this bill replace references to the No Child Left Behind Act of 2001 with references to the Every Student Succeeds Act of 2015. Sections 2, 32, 38, 43, 71 and 72 revise references to federal law to conform to changes made in the Every Student Succeeds Act of 2015. Sections 1, 2, 4, 5, 11, 15, 16, 19-21, 23, 24, 26-29, 31, 33, 35, 39, 55, 56, 71, 73, 74 and 77-82 of this bill revise terminology to conform with the revisions to the federal law.

      Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of pupils enrolled in the school and prescribes the requirements for such a plan. (NRS 385A.650) Section 19 of this bill removes the statutory requirements concerning the contents of the plan and instead requires the State Board of Education to prescribe the contents of the plan by regulation. Section 83 of this bill repeals a provision requiring certain schools to carry out a process for peer review of a plan to improve the achievement of pupils enrolled in the school in accordance with federal law.

      Existing law requires the State Board to adopt regulations for counting enrollment of pupils for apportionment purposes. (NRS 387.123) Section 23.5 of this bill prohibits such regulations from counting a pupil enrolled in grade 12 who is not prepared for college and career success as a full-time pupil for apportionment purposes unless the pupil is enrolled in a certain number of courses or periods per day.

      Section 41.3 of this bill requires the State Board to adopt regulations regarding end-of-course finals and the courses for which such finals may be administered.

      Existing law requires the State Board to adopt regulations that prescribe the criteria for receipt of a standard high school diploma. (NRS 390.600) Section 52 of this bill removes the requirement that the regulations require a pupil to pass certain end-of-course examinations to receive a standard high school diploma.

 


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end-of-course examinations to receive a standard high school diploma. Section 41.5 of this bill requires the State Board to adopt regulations that prescribe the criteria for a pupil to receive a college and career ready high school diploma, which must include requirements that the pupil: (1) satisfy the criteria for receipt of a standard high school diploma; and (2) obtain a college-ready endorsement or a career-ready endorsement. Section 41.5 also requires the State Board to: (1) adopt regulations prescribing the criteria for a pupil to obtain each endorsement; (2) annually review and, if necessary, revise the regulations adopted relating to the college and career ready high school diploma; and (3) provide incentive grants and certain reimbursements relating to the college and career ready high school diploma, to the extent that money is available for this purpose. Finally, section 41.5 provides that a college and career ready high school diploma confers all the same rights, privileges and benefits as a standard high school diploma.

      Section 41.7 of this bill requires the Department of Education, to the extent that money is available, to conduct a public awareness campaign to inform certain persons of the types of diplomas and endorsements on a diploma a pupil may receive upon graduation from high school and the criteria for obtaining such diplomas or endorsements.

      Existing law requires the statewide performance evaluation system used to evaluate a public school employee’s overall performance to include a process for peer evaluations of teachers by qualified educational personnel. (NRS 391.465) Section 66 of this bill requires the statewide performance evaluation system to include a process for peer observations, instead of peer evaluations. Sections 65.5 and 66.5 of this bill make conforming changes.

      Existing law requires the State Board to designate the assessments that may be used by a school district to determine pupil achievement. (NRS 391.465) Section 66 of this bill instead requires: (1) the State Board to establish the criteria for the assessments that may be used by a school district; and (2) the board of trustees of a school district to select assessments that meet the criteria established by the State Board to determine pupil achievement. Existing law requires the State Board to select a college and career readiness assessment for administration to pupils enrolled in grade 11 in public schools. (NRS 390.610) Section 53 of this bill provides that the results of a pupil on this assessment may be used in determining whether the pupil satisfies the requirements for receipt of a college and career ready high school diploma. Section 53 also requires the State Board to adopt regulations prescribing the manner in which a school district or charter school that enrolls pupils at a high school grade level is required to use the results of this assessment to inform the instruction provided to pupils enrolled in grade 12.

      Existing law requires teachers and administrators to receive certain evaluations that are based in part upon a certain number of observations of the teacher or administrator. (NRS 391.685, 391.690, 391.705, 391.710) Sections 67-68.5 of this bill require such evaluations to be based on a certain number of observation cycles of each teacher and administrator. Section 69 of this bill makes a technical correction to provisions relating to the written evaluation of a probationary teacher or administrator. Sections 36, 37 and 59-64 of this bill revise additional provisions governing the qualifications of certain teachers and paraprofessionals and evaluations of the performance of teachers and paraprofessionals.

      Existing law requires the board of trustees of each school district to prepare an annual report of accountability concerning the educational goals and objectives of the school district. (385A.070) Existing law also requires the State Board to prepare a single annual report of accountability for all public schools in the State that includes certain information. (NRS 385A.400) Sections 9 and 13 of this bill revise the contents of such annual reports of accountability and require the reports to include certain information concerning educational personnel.

 


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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. NRS 385.007 is hereby amended to read as follows:

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

      1.  “Achievement charter school” means a public school operated by a charter management organization, as defined in NRS 388B.020, an educational management organization, as defined in NRS 388B.030, or other person pursuant to a contract with the Achievement School District pursuant to NRS 388B.210 and subject to the provisions of chapter 388B of NRS.

      2.  “Department” means the Department of Education.

      3.  “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      4.  “Homeschooled child” means a child who receives instruction at home and who is exempt from compulsory attendance pursuant to NRS 392.070, but does not include an opt-in child.

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

      5.  “Opt-in child” means a child for whom an education savings account has been established pursuant to NRS 353B.850, who is not enrolled full-time in a public or private school and who receives all or a portion of his or her instruction from a participating entity, as defined in NRS 353B.750.

      6.  “Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.

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

      8.  “University school for profoundly gifted pupils” has the meaning ascribed to it in NRS 388C.040.

      Sec. 2. NRS 385.112 is hereby amended to read as follows:

      385.112  A plan to improve the achievement of pupils enrolled in public schools in this State prepared pursuant to NRS 385.111 must include:

      1.  A review and analysis of the data upon which the report required pursuant to NRS 385A.400 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      2.  The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      3.  Strategies based upon [scientifically based] evidence-based research, as defined in 20 U.S.C. § [7801(37),] 7801(21), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      4.  Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

      (a) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

 

 

 

 


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             (1) The curriculum appropriate to improve achievement;

             (2) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610, including, without limitation, the manner in which remediation will be provided to pupils who require remediation based on the results of an examination administered pursuant to NRS [390.600 and] 390.610; and

             (3) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

      (b) Improve the literacy skills of pupils;

      (c) Improve the development of English language skills and academic achievement of pupils who are [limited] English [proficient;] learners;

      (d) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

      (e) Integrate technology into the instructional and administrative programs of the school districts;

      (f) Manage effectively the discipline of pupils; and

      (g) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § [7801(34)] 7801(42) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

      5.  Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

      (a) The requirements for admission to an institution of higher education and the opportunities for financial aid;

      (b) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive; and

      (c) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

      6.  An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      7.  A timeline for carrying out the plan, including, without limitation:

      (a) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to NRS 385.113; and

      (b) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      8.  For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

 


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      9.  Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. 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 subsection. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this subsection.

      10.  Based upon the reallocation of resources set forth in subsection 9, the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      11.  A summary of the effectiveness 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.

      12.  A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

      (a) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to NRS 385.111; and

      (b) Designed to track the progress made in achieving the strategic goals established by the Department.

      13.  Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

      Sec. 3. NRS 385.113 is hereby amended to read as follows:

      385.113  The State Board shall:

      1.  In developing the plan to improve the achievement of pupils enrolled in public schools pursuant to NRS 385.111, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

      (a) Improving proficiency results in core academic subjects;

      (b) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

      (c) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

      (d) Improving the performance of pupils on standardized college entrance examinations;

      (e) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

      (f) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

      2.  Review the plan annually to evaluate the effectiveness of the plan;

 

 


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      3.  Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained;

      4.  Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

      (a) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

      (b) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State; and

      5.  Review the plans submitted pursuant to subsection [5] 4 of NRS 385A.650 to:

      (a) Determine common problems identified by the principal of each school ; [pursuant to paragraph (b) of subsection 2 of NRS 385A.650;] and

      (b) Make recommendations to the Department concerning how the Department can best support the needs of schools.

      Sec. 4. NRS 385.230 is hereby amended to read as follows:

      385.230  1.  The Department shall, in conjunction with the State Board, prepare an annual report of the state of public education in this State. The report must include, without limitation:

      (a) An analysis of each annual report of accountability prepared by the State Board pursuant to NRS 385A.400;

      (b) An update on the status of K-12 public education in this State;

      (c) A description of the most recent vision and mission statements of the State Board and the Department, including, without limitation, the progress made by the State Board and Department in achieving those visions and missions;

      (d) A description of the goals and benchmarks for improving the academic achievement of pupils which are included in the plan to improve the achievement of pupils required by NRS 385.111;

      (e) A description of any significant changes made to the collection, maintenance or transfer of data concerning pupils by the Department, a school district, a sponsor of a charter school or a university school for profoundly gifted pupils;

      (f) Any new data elements, including, without limitation, data about individual pupils and aggregated data about pupils within a defined group, proposed for inclusion in the automated system of accountability information for Nevada established pursuant to NRS 385A.800;

      (g) An analysis of the progress the public schools have made in the previous year toward achieving the goals and benchmarks for improving the academic achievement of pupils;

      (h) An analysis of whether the standards and examinations adopted by the State Board adequately prepare pupils for success in postsecondary educational institutions and in career and workforce readiness;

      (i) An analysis of the extent to which school districts and charter schools recruit and retain effective teachers and principals;

      (j) An analysis of the ability of the automated system of accountability information for Nevada established pursuant to NRS 385A.800 to link the achievement of pupils to the performance of the individual teachers assigned to those pupils and to the principals of the schools in which the pupils are enrolled;

 


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      (k) An analysis of the extent to which the lowest performing public schools have improved the academic achievement of pupils enrolled in those schools;

      (l) A summary of the innovative educational programs implemented by public schools which have demonstrated the ability to improve the academic achievement of pupils, including, without limitation:

             (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;] learners; and

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

      (m) A description of any plan of corrective action requested by the Superintendent of Public Instruction from the board of trustees of a school district or the governing body of a charter school and the status of that plan.

      2.  In odd-numbered years, the Superintendent of Public Instruction shall present the report prepared pursuant to subsection 1 in person to the Governor and each standing committee of the Legislature with primary jurisdiction over matters relating to K-12 public education at the beginning of each regular session of the Legislature.

      3.  In even-numbered years, the Superintendent of Public Instruction shall, on or before January 31, submit a written copy of the report prepared pursuant to subsection 1 to the Governor and to the Legislative Committee on Education.

      Sec. 5. NRS 385.620 is hereby amended to read as follows:

      385.620  The Advisory Council shall:

      1.  Review the policy of parental involvement adopted by the State Board and the policy of parental involvement and family engagement adopted by the board of trustees of each school district pursuant to NRS 392.457;

      2.  Review the information relating to communication with and participation, involvement and engagement of parents and families that is included in the annual report of accountability for each school district pursuant to NRS 385A.320 and similar information in the annual report of accountability prepared by the State Public Charter School Authority, the Achievement School District and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;

      3.  Review any effective practices carried out in individual school districts to increase parental involvement and family engagement and determine the feasibility of carrying out those practices on a statewide basis;

      4.  Review any effective practices carried out in other states to increase parental involvement and family engagement and determine the feasibility of carrying out those practices in this State;

      5.  Identify methods to communicate effectively and provide outreach to parents, legal guardians and families of pupils who have limited time to become involved in the education of their children for various reasons, including, without limitation, work schedules, single-parent homes and other family obligations;

 


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      6.  Identify the manner in which the level of parental involvement and family engagement affects the performance, attendance and discipline of pupils;

      7.  Identify methods to communicate effectively with and provide outreach to parents, legal guardians and families of pupils who are [limited] English [proficient;] learners;

      8.  Determine the necessity for the appointment of a statewide parental involvement and family engagement coordinator or a parental involvement and family engagement coordinator in each school district, or both;

      9.  Work in collaboration with the Office of Parental Involvement and Family Engagement created by NRS 385.630 to carry out the duties prescribed in NRS 385.635;

      10.  On or before July 1 of each year, submit a report to the Legislative Committee on Education describing the activities of the Advisory Council and any recommendations for legislation; and

      11.  On or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature describing the activities of the Advisory Council and any recommendations for legislation.

      Sec. 6. NRS 385A.040 is hereby amended to read as follows:

      385A.040  “Title I school” means a public school that receives money pursuant to the [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the provisions of that federal law.

      Sec. 7. NRS 385A.050 is hereby amended to read as follows:

      385A.050  “Title I school district” means a school district that receives money pursuant to the [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and is obligated to comply with the provisions of that federal law.

      Sec. 8. NRS 385A.200 is hereby amended to read as follows:

      385A.200  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on pupil achievement and school performance, including, without limitation, 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 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610 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 and assessments were administered:

      1.  The number of pupils who took the examinations and 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.

      2.  Except as otherwise provided in subsection 2 of NRS 385A.070, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.

 


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      3.  A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.

      4.  The percentage of pupils who were not tested.

      5.  Except as otherwise provided in subsection 2 of NRS 385A.070, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

      6.  The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      7.  The rating of each public school in the district, including, without limitation, each charter school sponsored by the district, pursuant to the statewide system of accountability for public schools.

      8.  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 390.125.

      9.  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 subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

      10.  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 subsection must be provided in consultation with the Department to ensure the accuracy of the comparison.

      Sec. 9. NRS 385A.230 is hereby amended to read as follows:

      385A.230  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include information on teachers , other licensed educational personnel and paraprofessionals, including, without limitation:

      (a) Information on the professional qualifications of teachers and other licensed educational personnel 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 total number of:

                   (I) Teachers and other licensed educational personnel employed at each school;

                   (II) Vacancies at each school which are not filled by a teacher who has a contract to teach at the school on a full-time basis, as determined by the Commission on Professional Standards in Education;

                   (III) Teachers and other licensed educational personnel employed at each school who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement;

                   (IV) Teachers and other licensed educational personnel employed at each school who are inexperienced, as defined by the Commission on Professional Standards in Education; and

 


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                   (V) Employees at each school whose overall performance was determined to be highly effective, effective, minimally effective or ineffective under the statewide performance evaluation system.

             (2) The percentage of [teachers] :

                   (I) Teachers and other licensed educational personnel employed by the school district who are [:

                   (I) Providing instruction pursuant to NRS 391.125;] employed at each school;

                   (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)] Vacancies at each school which are not filled by a teacher who has a contract to teach at the school on a full-time basis, as determined by the Commission on Professional Standards in Education;

                   (III) Teachers and other licensed educational personnel employed at each school who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement;

                   (IV) Teachers and other licensed educational personnel employed at each school who are inexperienced, as defined by the Commission on Professional Standards in Education; and

                   (V) Employees at each school whose overall performance was determined to be highly effective, effective, minimally effective or ineffective under the statewide performance evaluation system.

             (3) 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)] (4) 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.

      (b) 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. The records of attendance maintained by a school for purposes of this paragraph 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:

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

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

      (c) 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] of paraprofessionals employed at the school 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.] requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M);

             (3) The percentage of paraprofessionals employed by the school district who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M) who are employed at the school; and

             (4) Any other information required by regulation of the State Board.

      2.  As used in this section [:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).(b) “Paraprofessional”] , “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 10. NRS 385A.270 is hereby amended to read as follows:

      385A.270  1.  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      (a) The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

      (b) The percentage of pupils who receive free and reduced-price breakfasts;

      (c) The number and percentage of pupils who are eligible for free or reduced-price lunches;

      (d) The percentage of pupils who receive free and reduced-price lunches;

 


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      (e) A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      (f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

             (1) Retention rates;

             (2) Graduation rates;

             (3) Dropout rates;

             (4) Grade point averages; and

             (5) Scores on the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  The State Board may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 11. NRS 385A.280 is hereby amended to read as follows:

      385A.280  The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information regarding the progression of pupils who are [limited] English [proficient] learners in attaining proficiency in the English language, including, without limitation:

      1.  The number and percentage of pupils who were identified as [limited] English [proficient] learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

      2.  The achievement and proficiency of pupils who are [limited] English [proficient] learners in comparison to the pupils who are proficient in English;

      3.  A comparison of pupils who are [limited] English [proficient] learners and pupils who are proficient in the English language in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610; and

      4.  Results of the assessments and reassessments of pupils who are [limited] English [proficient,] learners, reported separately by the primary language of the pupils, pursuant to the policy developed by the board of trustees of the school district pursuant to NRS 388.407.

      Sec. 12. NRS 385A.410 is hereby amended to read as follows:

      385A.410  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on pupil achievement and school performance, including, without limitation:

 


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      1.  Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      2.  Except as otherwise provided in subsection 2 of NRS 385A.400, pupil achievement, reported separately by gender and reported separately for the groups of pupils identified in the statewide system of accountability for public schools.

      3.  A comparison of the achievement of pupils in each group identified in the statewide system of accountability for public schools with the performance targets established for that group.

      4.  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.

      5.  Except as otherwise provided in subsection 2 of NRS 385A.400, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in the statewide system of accountability for public schools.

      6.  The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610, 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.

      7.  The rating of each public school, including, without limitation, each charter school, pursuant to the statewide system of accountability for public schools.

      8.  Information on whether each public school, including, without limitation, each charter school, has made progress based upon the model adopted by the Department pursuant to NRS 390.125, if applicable for the grade level of pupils enrolled at the school.

      9.  Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 390.830.

      Sec. 13. NRS 385A.440 is hereby amended to read as follows:

      385A.440  1.  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on teachers , other licensed personnel and paraprofessionals, including, without limitation:

      (a) 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 and other licensed educational personnel employed by the school districts and charter schools, including, without limitation:

             (1) The total number of:

                   (I) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole;

                   (II) Vacancies at each school district, including, without limitation, each charter school in the district, which are not filled by a teacher who has a contract to teach on a full-time basis, as determined by the Commission on Professional Standards in Education and for this State as a whole;

 


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ê2017 Statutes of Nevada, Page 3222 (Chapter 501, AB 7)ê

 

teacher who has a contract to teach on a full-time basis, as determined by the Commission on Professional Standards in Education and for this State as a whole;

                   (III) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who provide instruction in a grade level or subject area for which they do not meet the requirements for licensure or do not hold a required endorsement, and for this State as a whole;

                   (IV) Teachers or other licensed educational personnel who are inexperienced, as defined by the Commission on Professional Standards in Education, employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

                   (V) Employees at each school district, including, without limitation, each charter school in the district, whose overall performance was determined to be highly effective, effective, minimally effective or ineffective under the statewide performance evaluation system, and for this State as a whole.

             (2)The percentage of [teachers] :

                   (I) Teachers and other licensed educational personnel employed in this State who are [:

                   (I) Providing instruction pursuant to NRS 391.125;] employed by each school district, including, without limitation, each charter school in the district, and for this State as a whole;

                   (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)] Vacancies at each school district including, without limitation, each charter school in the district, which are not filled by a teacher who has a contract to teach on a full-time basis, as determined by the Commission on Professional Standards in Education, and for this State as a whole;

                   (III) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who provide instruction in a grade level or subject area in which they do not meet the requirements for licensure or do not hold a required endorsement, and for this State as a whole;

                   (IV) Teachers and other licensed educational personnel employed by each school district, including, without limitation, each charter school in the district, who are inexperienced, as defined by the Commission on Professional Standards in Education, and for this State as a whole; and

 


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ê2017 Statutes of Nevada, Page 3223 (Chapter 501, AB 7)ê

 

                   (V) Employees at each school district, including, without limitation, each charter school in the district, whose overall performance was determined to be highly effective, effective minimally effective or ineffective under the statewide performance evaluation system, and for this State as a whole.

             (3) 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)] (4) 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.

      (b) 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.

      (c) 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). 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.] The number of paraprofessional employed by each school district, including, without limitation, each charter school in the district, who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M), and for this State as a whole;

             (3) The percentage of paraprofessionals employed by each school district, including, without limitation, each charter school in the district, who do not satisfy the requirements prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M), and for this State as a whole; and

             (4) Any other information required by regulation of the State Board.

      2.  As used in this section [:

 


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ê2017 Statutes of Nevada, Page 3224 (Chapter 501, AB 7)ê

 

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

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

      Sec. 14. NRS 385A.480 is hereby amended to read as follows:

      385A.480  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      1.  The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

      2.  The number and percentage of pupils who receive free and reduced-price breakfasts;

      3.  The number and percentage of pupils who are eligible for free or reduced-price lunches;

      4.  The number and percentage of pupils who receive free and reduced-price lunches;

      5.  A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      6.  A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610.

      Sec. 15. NRS 385A.490 is hereby amended to read as follows:

      385A.490  The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information regarding the progression of pupils who are [limited] English [proficient] learners in attaining proficiency in the English language, including, without limitation:

      1.  The number and percentage of pupils who were identified as [limited] English [proficient] learners at the beginning of the school year, were continually enrolled throughout the school year and were identified as proficient in English by the completion of the school year;

 


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ê2017 Statutes of Nevada, Page 3225 (Chapter 501, AB 7)ê

 

      2.  The achievement and proficiency of pupils who are [limited] English [proficient] learners in comparison to the pupils who are proficient in English;

      3.  A comparison of pupils who are [limited] English [proficient] learners and pupils who are proficient in the English language in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610; and

      4.  Results of the assessments and reassessments of pupils who are [limited] English [proficient,] learners, reported separately by the primary language of the pupils, pursuant to the policies developed by the boards of trustees of school districts pursuant to NRS 388.407.

      Sec. 16. NRS 385A.600 is hereby amended to read as follows:

      385A.600  1.  The Department shall make every effort to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., as amended.

      2.  The statewide system of accountability applies to all public schools, regardless of Title I status, and must:

      (a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability;

      (b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings;

      (c) Include a method to provide grants and other financial support, to the extent that money is available from legislative appropriation, to public schools receiving one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      (d) Establish [annual measurable objectives] school achievement targets and performance targets for public schools and performance targets for specific groups of pupils, including, without limitation, pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are [limited] English [proficient.] learners. The [annual measurable objectives] school achievement targets and performance targets must:

             (1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 390.105 ; [or 390.600, as applicable;] and

             (2) For high schools, include the rate of graduation and the rate of attendance.

 

 


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ê2017 Statutes of Nevada, Page 3226 (Chapter 501, AB 7)ê

 

      3.  The statewide system of accountability for public schools may include a method to:

      (a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability; and

      (b) Implement consequences, rewards and supports for school districts based upon the ratings.

      Sec. 17. NRS 385A.610 is hereby amended to read as follows:

      385A.610  1.  The Department shall establish a monitoring system for the statewide system of accountability. The monitoring system must identify significant levels of achievement of pupils on the examinations that are administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610, identified by school and by school district.

      2.  On or before October 1 of each year, the Department shall prepare a written summary of the findings made pursuant to subsection 1. The written summary must be provided to:

      (a) The Committee; and

      (b) If the findings show inconsistencies applicable to a particular school district or school within a school district, the board of trustees of that school district.

      3.  The Committee shall review the report submitted pursuant to subsection 2 and take such action as it deems appropriate.

      Sec. 18. NRS 385A.620 is hereby amended to read as follows:

      385A.620  1.  The State Board shall adopt regulations that prescribe, consistent with 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, the manner in which pupils enrolled in:

      (a) A program of distance education pursuant to NRS 388.820 to 388.874, inclusive;

      (b) An alternative program for the education of pupils at risk of dropping out of school pursuant to NRS 388.537; or

      (c) A program of education that:

             (1) Primarily serves pupils with disabilities; or

             (2) Is operated within a:

                   (I) Local, regional or state facility for the detention of children;

                   (II) Juvenile forestry camp;

                   (III) Child welfare agency; or

                   (IV) Correctional institution,

Ê will be included within the statewide system of accountability set forth in this chapter.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 will be accounted for within the statewide system of accountability; and

      (b) The results of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 on

 


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ê2017 Statutes of Nevada, Page 3227 (Chapter 501, AB 7)ê

 

the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the [examinations administered pursuant to NRS 390.600 and the] college and career readiness assessment administered pursuant to NRS 390.610 will be reported.

      Sec. 19. NRS 385A.650 is hereby amended to read as follows:

      385A.650  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must [include:

      (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385A.070, as applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils enrolled in the school and identified in the statewide system of accountability for public schools will meet the performance targets established for that group.

      (e) Annual measurable objectives and performance targets, consistent with the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools, for the continuous and substantial progress by each group of pupils identified in the statewide system of accountability for public schools who are enrolled in the school to ensure that each group will meet the performance targets established for that group.

      (f) Strategies and practices which:

             (1) Are consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children; and

             (2) Are designed to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to NRS 385.635.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

 

 

 


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ê2017 Statutes of Nevada, Page 3228 (Chapter 501, AB 7)ê

 

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 390.105 and 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (p) A budget of the overall cost for carrying out the plan.] :

      (a) Include any information prescribed by regulation of the State Board; and

      (b) Comply with the provisions of 20 U.S.C. § 6311(d).

      3.  The principal of each school shall, in consultation with the employees of the school:

 


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ê2017 Statutes of Nevada, Page 3229 (Chapter 501, AB 7)ê

 

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  [On or before December 15 of each year, the principal of each school shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      5.]  On or before [January 31 of each year,] the date prescribed by the Department, the principal of each school shall submit the [final] plan or the [final] revised plan, as applicable, to the:

      (a) Department;

      (b) Committee;

      (c) Bureau; and

      (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      [6.  A plan for the improvement of a school must be carried out expeditiously, but not later than February 15 after approval of the plan pursuant to subsection 1 or 2 of NRS 385A.660, as applicable.]

      Sec. 20. NRS 385A.670 is hereby amended to read as follows:

      385A.670  1.  On or before July 31 of each year, the Department shall determine whether each public school is meeting the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The determination pursuant to subsection 1 for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority, the Achievement School District or a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority, the Achievement School District or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b), (c) or (d), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.

      (c) The determination made for the charter school to the Achievement School District if the charter school is sponsored by the Achievement School District.

 


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ê2017 Statutes of Nevada, Page 3230 (Chapter 501, AB 7)ê

 

      (d) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

      3.  If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school has failed to meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.

      (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

      4.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

      5.  As used in this section:

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 390.255.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 390.260.

      Sec. 21. NRS 385A.680 is hereby amended to read as follows:

      385A.680  If the Department determines that a public school has failed to meet the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools, the Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 390.105 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations.

      Sec. 22. NRS 385A.730 is hereby amended to read as follows:

      385A.730  1.  The State Board shall adopt regulations that prescribe an alternative performance framework to evaluate public schools that are approved pursuant to NRS 385A.740. Such regulations must include, without limitation, an alternative manner in which to evaluate such a school and the manner in which the school will be included within the statewide system of accountability set forth in this chapter.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a public school for which an alternative performance framework has been approved pursuant to NRS 385A.740 will be accounted for within the statewide system of accountability; and

      (b) To report the results of pupils enrolled in such a public school on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the [examinations administered pursuant to NRS 390.600 and the] college and career readiness assessment administered pursuant to NRS 390.610.

 


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      Sec. 23. NRS 387.121 is hereby amended to read as follows:

      387.121  1.  The Legislature declares that the proper objective of state financial aid to public education is to ensure each Nevada child a reasonably equal educational opportunity. Recognizing wide local variations in wealth and costs per pupil, this State should supplement local financial ability to whatever extent necessary in each school district to provide programs of instruction in both compulsory and elective subjects that offer full opportunity for every Nevada child to receive the benefit of the purposes for which public schools are maintained. Therefore, the quintessence of the State’s financial obligation for such programs can be expressed in a formula partially on a per pupil basis and partially on a per program basis as: State financial aid to school districts equals the difference between school district basic support guarantee and local available funds produced by mandatory taxes minus all the local funds attributable to pupils who reside in the county but attend a charter school or a university school for profoundly gifted pupils. This formula is designated the Nevada Plan.

      2.  It is the intent of the Legislature, commencing with Fiscal Year 2016-2017, to provide additional resources to the Nevada Plan expressed as a multiplier of the basic support guarantee to meet the unique needs of certain categories of pupils, including, without limitation, pupils with disabilities, pupils who are [limited] English [proficient,] learners, pupils who are at risk and gifted and talented pupils. As used in this subsection, “pupils who are at risk” means pupils who are eligible for free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq., or an alternative measure prescribed by the State Board of Education.

      Sec. 23.5. NRS 387.123 is hereby amended to read as follows:

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

      (a) Pupils in the kindergarten department.

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

      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.

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

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

      (f) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.471, pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.474 and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school.

 


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      (g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.

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

      2.  The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. [In] Except as otherwise provided in this subsection, 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)](b) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

      (c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department. Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.

      Sec. 24. NRS 388.157 is hereby amended to read as follows:

      388.157  1.  The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3. Such a plan must include, without limitation:

      (a) A program to provide intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in that subject area. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction on phonological and phonemic awareness, decoding skills and reading fluency;

      (b) Procedures for assessing a pupil’s proficiency in the subject area of reading using valid and reliable assessments that have been approved by the State Board by regulation:

             (1) Within the first 30 days of school after the pupil enters kindergarten or upon enrollment in kindergarten if the pupil enrolls after that period; and

             (2) During grades 1, 2 and 3;

      (c) A program to improve the proficiency in reading of pupils who are [limited] English [proficient;] learners; and

      (d) Procedures for facilitating collaboration between learning strategists and classroom teachers.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and

      (b) Make such revisions to the plan as the Department determines are necessary.

 


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      Sec. 25. NRS 388.283 is hereby amended to read as follows:

      388.283  1.  “School service” means an Internet website, online service or mobile application that:

      (a) Collects or maintains personally identifiable information concerning a pupil;

      (b) Is used primarily for educational purposes; and

      (c) Is designed and marketed for use in public schools and is used at the direction of teachers and other educational personnel.

      2.  The term does not include:

      (a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to public schools;

      (b) An internal database, system or program maintained or operated by a school district, charter school or university school for profoundly gifted pupils;

      (c) A school service for which a school service provider has:

             (1) Been designated by a school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g;

             (2) Entered into a contract with the school district, the sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or the Department; and

             (3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, relating to personally identifiable information;

      (d) Any examinations administered pursuant to NRS 390.105 [and 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610; or

      (e) Any instructional programs purchased by a school district, a charter school, the governing body of a university school for profoundly gifted pupils or the Department.

      Sec. 26. NRS 388.405 is hereby amended to read as follows:

      388.405  1.  The Legislature finds and declares that:

      (a) It is the public policy of this State to provide every child enrolled in a public school with high-quality instruction.

      (b) Children who are [limited] English [proficient] learners benefit from instruction that is designed to address the academic and linguistic needs of those children.

      (c) It is the intent of the Legislature that children who are [limited] English [proficient] learners be provided with services and instruction which is designed to address the academic needs of such children so that those children attain proficiency in the English language and improve their overall academic and linguistic achievement and proficiency.

      2.  The State Board shall:

      (a) Adopt regulations prescribing criteria for a policy for the instruction to teach English to pupils who are [limited] English [proficient] learners which is developed by the board of trustees of each school district pursuant to NRS 388.407. The Superintendent of Public Instruction shall monitor each school district’s compliance with the criteria prescribed by the State Board pursuant to this paragraph.

 


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      (b) Submit all evaluations required pursuant to 20 U.S.C. §§ 6801 et seq. and the regulations adopted pursuant thereto regarding the programs for pupils who are [limited] English [proficient] learners carried out pursuant to that provision of federal law to the:

             (1) Governor;

             (2) Legislative Committee on Education;

             (3) Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Standing Committees on Education; and

             (4) Board of trustees of each school district.

      Sec. 27. NRS 388.407 is hereby amended to read as follows:

      388.407  1.  The board of trustees of each school district shall develop a policy for the instruction to teach English to pupils who are [limited] English [proficient.] learners. The policy must be designed to provide pupils enrolled in each public school located in the school district who are [limited] English [proficient] learners with instruction that enables those pupils to attain proficiency in the English language and improve their overall academic achievement and proficiency.

      2.  The policy developed pursuant to subsection 1 must:

      (a) Provide for the identification of pupils who are [limited] English [proficient] learners through the use of an appropriate assessment;

      (b) Provide for the periodic reassessment of each pupil who is classified as [limited] an English [proficient;] learner;

      (c) Be designed to eliminate any gaps in achievement, including, without limitation, in the core academic subjects and in high school graduation rates, between those pupils who are [limited] English [proficient] learners and pupils who are proficient in English;

      (d) Provide opportunities for the parents or legal guardians of pupils who are [limited] English [proficient] learners to participate in the program; and

      (e) Provide the parents and legal guardians of pupils who are [limited] English [proficient] learners with information regarding other programs that are designed to improve the language acquisition and academic achievement and proficiency of pupils who are [limited] English [proficient] learners and assist those parents and legal guardians in enrolling those pupils in such programs.

      Sec. 28. NRS 388.409 is hereby amended to read as follows:

      388.409  1.  The English Mastery Council is hereby created. The English Mastery Council consists of the following 16 members:

      (a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the English Mastery Council.

      (b) Two members who have knowledge and expertise in language acquisition and who represent the Nevada System of Higher Education, appointed by the Chancellor of the Nevada System of Higher Education.

      (c) Two members who are teachers at public schools in this State, hold a master’s degree to teach English as a second language and have knowledge and expertise in providing instruction to pupils who are [limited] English [proficient,] learners, appointed by the Governor from a list of nominees submitted by the Nevada State Education Association, or its successor organization. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State.

 


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      (d) Two members who are parents or legal guardians of pupils who are [limited] English [proficient,] learners, one of whom is appointed by the Governor from a list of nominees submitted by the Speaker of the Assembly and one of whom is appointed by the Governor from a list of nominees submitted by the Majority Leader of the Senate. The Governor shall ensure that the members appointed pursuant to this paragraph represent the geographic and ethnic diversity of this State. The Nevada Parent Teacher Association shall submit a list of names of persons that the Association would recommend for inclusion on the list of nominees submitted by the Speaker of the Assembly and the Majority Leader of the Senate.

      (e) Two members who are school-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (f) Two members who are school-district-level administrators, one of whom is employed by a school district in a county whose population is 100,000 or more and one of whom is employed by a school district in a county whose population is less than 100,000, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators.

      (g) One member who is a member of a board of trustees of a school district, appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.

      (h) Two members who are representatives of the general public, private business and industry in this State or nonprofit organizations and who have been leaders in education reform related to pupils who are [limited] English [proficient,] learners, appointed by the Governor.

      (i) Two members with expertise in the development of public policy relating to the education of pupils who are [limited] English [proficient,] learners, appointed by the Superintendent of Public Instruction upon the advice and recommendation of persons who have knowledge and expertise in providing instruction to pupils who are [limited] English [proficient.] learners.

      2.  Each appointed member of the English Mastery Council serves a term of 2 years and may be reappointed to additional terms.

      3.  A vacancy on the English Mastery Council must be filled in the same manner as the original appointment.

      4.  The English Mastery Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.

      5.  The English Mastery Council shall meet at least quarterly and may meet at other times upon the call of the Chair.

      6.  Members of the English Mastery Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.

      7.  A member of the English Mastery Council who is a public employee must be granted administrative leave from the member’s duties to engage in the business of the Council without loss of his or her regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

 


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      8.  The English Mastery Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 388.411.

      9.  The Department shall provide administrative support to the English Mastery Council.

      Sec. 29. NRS 388.411 is hereby amended to read as follows:

      388.411  The English Mastery Council created by NRS 388.409 shall:

      1.  Make recommendations to the State Board for the adoption of regulations concerning criteria for the policies to teach English to pupils who are [limited] English [proficient] learners that are developed by the board of trustees of each school district pursuant to NRS 388.407.

      2.  Review annually each policy to teach English to pupils who are [limited] English [proficient] learners that is developed by the board of trustees of each school district pursuant to NRS 388.407 and make recommendations for improvement to the State Board and the applicable board of trustees.

      3.  Make recommendations to the Superintendent of Public Instruction, the Commission on Professional Standards in Education and the State Board for:

      (a) The adoption of regulations pursuant to NRS 391.019 concerning the requirements for an endorsement to teach English as a second language, including, without limitation, the teachers who should be required to obtain the endorsement; and

      (b) After the adoption of the regulations pursuant to paragraph (a), any revisions to those regulations as deemed necessary by the Council.

      4.  Develop standards and criteria for a curriculum for pupils who are [limited] English [proficient] learners and submit those standards and criteria to the State Board for consideration.

      5.  Review any course of study offered by the Nevada System of Higher Education for training to teach English as a second language to determine if the course of study, including, without limitation, student teaching, is sufficiently rigorous to provide teachers with the tools necessary to improve the English proficiency and academic achievement and proficiency of pupils who are [limited] English [proficient.] learners.

      6.  Make recommendations to the Board of Regents of the University of Nevada for the improvement of any course of study described in subsection 5 and submit a copy of those recommendations to the Governor and the State Board.

      Sec. 29.5.  NRS 388.593 is hereby amended to read as follows:

      388.593  A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program established pursuant to NRS 388.591 must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Biliteracy if the pupil:

      1.  Successfully completes all courses of study in English language arts that are required for graduation with at least a 2.0 grade point average, on a 4.0 grading scale;

      2.  [Passes the end-of-course examinations in English language arts required pursuant to NRS 390.600;

      3.]  Demonstrates proficiency in one or more languages other than English:

 


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      (a) By passing an advanced placement examination in a world language with a score of 3 or higher or passing an international baccalaureate examination in a world language with a score of 4 or higher; or

      (b) By passing an examination in a world language, if the examination is approved by the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable; and

      [4.]3.  If the primary language of the pupil is not English, demonstrates proficiency in English on an assessment designated by the Department.

      Sec. 30. NRS 388.874 is hereby amended to read as follows:

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

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

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

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

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

      (e) The requirements for assessing the achievement of pupils who are enrolled in a program of distance education, which must include, without limitation, the administration of the examinations required pursuant to NRS 390.105 and, if applicable for the grade levels of the pupils enrolled, the [administration of the examinations pursuant to NRS 390.600 and the] college and career readiness assessment pursuant to NRS 390.610; and

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

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

      Sec. 31. NRS 388A.045 is hereby amended to read as follows:

      388A.045  A pupil is “at risk” if the pupil has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are [limited] English [proficient,] learners, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.

      Sec. 32. NRS 388A.159 is hereby amended to read as follows:

      388A.159  1.  The State Public Charter School Authority is hereby deemed a local educational agency for the purpose of directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that are eligible to receive such money.

 


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System of Higher Education that are eligible to receive such money. A college or university within the Nevada System of Higher Education that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational authority. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

      2.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § [7801(26)(A).] 7801(30)(A).

      Sec. 33. NRS 388A.168 is hereby amended to read as follows:

      388A.168  The State Public Charter School Authority shall adopt regulations that prescribe:

      1.  The process for submission to the State Public Charter School Authority of an application to form a charter school, and the contents of such an application;

      2.  The process for submission to the State Public Charter School Authority of an application to renew a charter contract, and the contents of such an application;

      3.  The process for submission to the State Public Charter School Authority of an amendment to a written charter or charter contract pursuant to NRS 388A.276 and the contents of the application; [and]

      4.  The procedure for the investigation that the State Public Charter School Authority will conduct of an application to form a charter school, an application to renew a charter contract or an application to request an amendment of a written charter or charter contract, and the criteria that the State Public Charter School Authority will use to evaluate such applications [.] ;

      5.  The process for evaluating the overall performance of a teacher, which must include, without limitation, the criteria for determining whether the overall performance of a teacher is ineffective, minimally effective, effective or highly effective; and

      6.  The qualifications for employment as a paraprofessional by a charter school.

      Sec. 34. NRS 388A.366 is hereby amended to read as follows:

      388A.366  1.  A charter school shall:

      (a) Comply with all laws and regulations relating to discrimination and civil rights.

      (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

      (c) Refrain from charging tuition or fees, except for tuition or fees that the board of trustees of a school district is authorized to charge, levying taxes or issuing bonds.

      (d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

      (e) Comply with the provisions of chapter 241 of NRS.

      (f) Except as otherwise provided in this paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction for a waiver from providing the days of instruction required by this paragraph. The Superintendent of Public Instruction may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent that:

 


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Instruction may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent that:

             (1) Extenuating circumstances exist to justify the waiver; and

             (2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.

      (g) Cooperate with the board of trustees of the school district in the administration of the examinations administered pursuant to NRS 390.105 and, if the charter school enrolls pupils at a high school grade level, the [end-of-course examinations administered pursuant to NRS 390.600 and the] college and career readiness assessment administered pursuant to NRS 390.610 to the pupils who are enrolled in the charter school.

      (h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this State.

      (i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

      (j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.

      (k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.

      (l) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.

      (m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Northwest Accreditation Commission.

      (n) Adopt a final budget in accordance with the regulations adopted by the Department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.

      (o) If the charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.

      2.  A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory attendance pursuant to NRS 392.070. As used in this subsection, “distance education” has the meaning ascribed to it in NRS 388.826.

      Sec. 35. NRS 388A.405 is hereby amended to read as follows:

      388A.405  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

 


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      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 388A.105 or 388A.110 contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

      (c) The charter school has met or exceeded the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by those [annual measurable objectives] school achievement targets and performance targets, for the majority of the years of its operation; and

      (d) At least 75 percent of the pupils enrolled in grade 12 in the charter school in the immediately preceding school year have satisfied the criteria prescribed by the State Board pursuant to NRS 390.600, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the Department pursuant to NRS 388A.351. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c) and (d) of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 36. NRS 388A.518 is hereby amended to read as follows:

      388A.518  1.  Except as otherwise provided in this subsection, at least 70 percent of the teachers who provide instruction at a charter school must [be highly qualified.] demonstrate experience and qualifications through licensure or subject matter expertise. If a charter school is a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school [are highly qualified,] demonstrate experience and qualifications through licensure or subject matter expertise, but in no event may less than 50 percent of the teachers who provide instruction at the school [be highly qualified.] demonstrate experience and qualifications through licensure or subject matter expertise.

      2.  If a charter school specializes in:

 


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      (a) Arts and humanities, physical education or health education, a teacher must [be highly qualified] demonstrate experience and qualifications through licensure or subject matter expertise to teach those courses of study.

      (b) The construction industry or other building industry, teachers must [be highly qualified] demonstrate experience and qualifications through licensure or subject matter expertise to teach courses of study relating to the industry if those teachers are employed full-time.

      (c) The construction industry or other building industry and the school offers courses of study in computer education, technology or business, teachers must [be highly qualified] demonstrate experience and qualifications through licensure or subject matter expertise to teach those courses of study if those teachers are employed full-time.

      3.  [A person who is initially hired by the governing body of a charter school on or after January 8, 2002, to teach in a program supported with money from Title I must be highly qualified. For the purposes of this subsection, a person is not “initially hired” if the person has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his or her current employer.

      4.]  A teacher who is employed by a charter school, regardless of the date of hire, must [, on or before July 1, 2006, be highly qualified] demonstrate experience and qualifications through licensure or subject matter expertise if the teacher teaches one or more of the following subjects:

      (a) English language arts;

      (b) Mathematics;

      (c) Science;

      (d) A foreign or world language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      [5.] 4.  Except as otherwise provided in NRS 388A.515, a charter school may employ a person who [is not highly qualified] does not demonstrate experience and qualifications through licensure or subject matter expertise to teach a course of study for which a teacher is not required to [be highly qualified] demonstrate such experience and qualifications if the person has:

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

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

      [6.] 5.  A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.

      [7.] 6.  For purposes of this section, a teacher [is highly qualified:] demonstrates experience and qualifications through licensure or subject matter expertise:

      (a) If the teacher is employed by a charter school that has not received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, [if] and the : [teacher:]

 


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accountability for public schools, or equivalent ratings in another state, as determined by the Department, [if] and the : [teacher:]

             (1) [Meets the qualifications prescribed in 20 U.S.C. § 7801(23)(B) or (C), as applicable;] Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority; and

             (2) [Is] Teacher is licensed to teach pursuant to chapter 391 of NRS.

      (b) If the teacher is employed by a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, [if] and the [teacher meets the qualifications prescribed in 20 U.S.C. § 7801(23)(B) or (C), as applicable,] overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS.

      [8.] 7.  If a charter school that has received within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, intends to employ persons to teach who are not licensed, the charter school shall within 3 years:

      (a) Obtain approval for and offer an alternative route to licensure pursuant to NRS 391.019; or

      (b) Enter into an agreement with a qualified provider of an alternative route to licensure to provide the required education and training to unlicensed teachers who are employed by the school to teach such a course of study.

      Sec. 37. NRS 388A.527 is hereby amended to read as follows:

      388A.527  1.  [A person who is initially hired as a paraprofessional by a charter school after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c).

      2.]  A person who is employed as a paraprofessional by a charter school [, regardless of the date of hire,] to work in a program supported with Title I money must possess [, on or before January 8, 2006,] the qualifications [required by 20 U.S.C. § 6319(c).

      3.  For the purposes of this section, a person is not “initially hired” if the person has been employed as a paraprofessional by another school district, achievement charter school or charter school in this State without an interruption in employment before the date of hire by his or her current employer.

      4.] prescribed by the State Public Charter School Authority.

      2.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 38. NRS 388B.240 is hereby amended to read as follows:

      388B.240  1.  Each achievement charter school is hereby deemed a local educational agency for the purpose of receiving any money available from federal and state categorical grant programs. An achievement charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

 


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      2.  If an achievement charter school is eligible to receive special education program units, the Department must pay the special education program units directly to the achievement charter school.

      3.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § [7801(26)(A).] 7801(30)(A).

      Sec. 39. NRS 388B.270 is hereby amended to read as follows:

      388B.270  1.  To the extent money is available from legislative appropriation or otherwise, an achievement charter school may apply to the Department for money for facilities if:

      (a) The achievement charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) The Executive Director has determined that the finances of the achievement charter school are being managed in a prudent manner;

      (c) The achievement charter school has met or exceeded the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the achievement charter school, as indicated by those [annual measurable objectives] school achievement targets and performance targets, for the majority of the years of its operation;

      (d) At least 75 percent of the pupils enrolled in grade 12 in the achievement charter school in the immediately preceding school year have satisfied the criteria prescribed by the State Board pursuant to NRS 390.600, if the achievement charter school enrolls pupils at a high school grade level; and

      (e) The achievement charter school meets the requirements prescribed by regulation of the Department.

      2.  An achievement charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the achievement charter school if requested by the Executive Director.

      Sec. 40. NRS 388G.120 is hereby amended to read as follows:

      388G.120  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      (d) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 390.105 and, if applicable for the grade levels of the empowerment school, the [end-of-course examinations administered pursuant to NRS 390.600 and the] college and career readiness assessment administered pursuant to NRS 390.610;

      (e) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

 


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      (f) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      (g) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      (h) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      (i) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      (j) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      (k) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385A.650;

      (l) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      (m) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.1245, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

 


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      Sec. 41. NRS 388G.210 is hereby amended to read as follows:

      388G.210  1.  Except as otherwise provided pursuant to a waiver granted in accordance with NRS 388G.130 or 388G.140, each empowerment school, each person employed by an empowerment school and each pupil enrolled in an empowerment school shall comply with the applicable requirements of state law, including, without limitation, the standards of content and performance prescribed pursuant to NRS 389.520 and the examinations that are administered pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  Each empowerment school may accept gifts, grants and donations from any source for the support of its empowerment plan. A person who gives a gift, grant or donation may designate all or part of the gift, grant or donation specifically to carry out the incentive pay structure of the school, if applicable.

      Sec. 41.2. Chapter 390 of NRS is hereby amended by adding thereto the provisions set forth as sections 41.3, 41.5 and 41.7 of this act.

      Sec. 41.3. 1.  The State Board shall adopt regulations that prescribe the:

      (a) Courses of study for which an end-of-course final must be administered; and

      (b) Amount, expressed as a percentage of the pupil’s overall grade in the course of study or other weight, that the end-of-course final must comprise when determining the overall grade of a pupil in the course for which the end-of-course final is administered.

      2.  The State Board may adopt regulations that prescribe the minimum score a pupil must attain on an end-of-course final to receive credit for the course of study for which the end-of-course final is administered.

      Sec. 41.5. 1.  A pupil who satisfies the criteria established by the State Board by regulation may graduate with a college and career ready high school diploma. A college and career ready high school diploma confers all the same rights, privileges and benefits as a standard high school diploma.

      2.  The State Board shall adopt regulations that prescribe the criteria for a pupil to receive a college and career ready high school diploma, which must include, without limitation, a requirement that the pupil:

      (a) Satisfy the criteria for receipt of a standard high school diploma prescribed by the State Board pursuant to NRS 390.600 and any other criteria established by law; and

      (b) Obtain an endorsement described in subsection 3.

      3.  The State Board shall adopt regulations prescribing the criteria for a pupil to obtain:

      (a) A college-ready endorsement that reflects that the pupil has completed certain coursework or obtained experience that makes the pupil qualified for and prepared to succeed in college without the need for remediation.

      (b) A career-ready endorsement that reflects that the pupil has completed certain coursework or obtained certain experience that makes the pupil qualified for and prepared to succeed in postsecondary job training or education in high-demand occupations.

      4.  The regulations adopted pursuant to subsection 3 must include, without limitation:

 


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      (a) The number of credits and courses of study that must be completed for each endorsement prescribed pursuant to subsection 3.

      (b) Any assessment a pupil must pass for each endorsement prescribed pursuant to subsection 3.

      (c) Any credential, certificate or certification a pupil must obtain for each endorsement prescribed pursuant to subsection 3.

      5.  Any assessment, credential, certificate or certification required for an endorsement must:

      (a) Be established so that it is recognized and valued by industries and postsecondary educational institutions; and

      (b) Require demonstration of a mastery of tasks aligned to the demands of industries and postsecondary educational institutions.

      6.  The State Board shall annually review and, if necessary, revise the regulations adopted pursuant to subsection 4.

      7.  To the extent that money is available for this purpose, the State Board shall adopt regulations to provide:

      (a) Incentive grants to be awarded to public high schools for each pupil at the school who earns a college and career ready high school diploma.

      (b) Reimbursement to a public high school or school district for any costs associated with the administration or provision of an assessment, credential, certificate or certification required for receipt of a college and career ready high school diploma.

      Sec. 41.7. To the extent money is available, the Department shall conduct a public awareness campaign to inform pupils enrolled in public schools, the parents or guardian of pupils enrolled in public schools, persons involved in business and industry in this State and members of the general public of:

      1.  The types of diplomas a pupil may receive upon graduation from high school and the types of endorsements a pupil may receive on a diploma, if applicable; and

      2.  The criteria to earn each type of diploma and endorsement.

      Sec. 42. NRS 390.015 is hereby amended to read as follows:

      390.015  The board of trustees of each school district shall maintain on its Internet website, and shall post in a timely manner, all pertinent information concerning the examinations and assessments available to children who reside in the school district, including, without limitation, the dates and times of, and contact information concerning, such examinations and assessments. The examinations and assessments posted must include, without limitation:

      1.  The college and career readiness assessment administered pursuant to NRS 390.610.

      2.  [The examinations required pursuant to NRS 390.600.

      3.]  All other college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test.

      Sec. 43. NRS 390.105 is hereby amended to read as follows:

      390.105  1.  The State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe examinations that comply with 20 U.S.C. § [6311(b)(3)] 6311(b)(2) and that measure the achievement and proficiency of pupils:

 


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      (a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content established by the Council for the subjects of English language arts and mathematics.

      (b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.

      (c) For grades 9, 10, 11 and 12, in the standards of content established by the Council for the subjects required to comply with 20 U.S.C. § [6311(b)(3).] 6311(b)(2).

Ê The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council to Establish Academic Standards for Public Schools, prescribe a writing examination for grades 5 and 8.

      3.  The State Board shall prescribe:

      (a) The minimum number of school days that must take place before the examinations prescribed by the State Board pursuant to subsection 1 may be administered to pupils; and

      (b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.

      4.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board at such times as prescribed by the State Board pursuant to subsection 3. The examinations must be:

      (a) Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

      (b) Administered in each school in accordance with the plan adopted pursuant to NRS 390.270 by the Department and with the plan adopted pursuant to NRS 390.275 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

      Sec. 44. NRS 390.255 is hereby amended to read as follows:

      390.255  “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment pursuant to NRS 390.610 in the manner intended by the person or entity that created the examination or assessment.

      Sec. 45. NRS 390.260 is hereby amended to read as follows:

      390.260  “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, including, without limitation:

      1.  The failure to comply with security procedures adopted pursuant to NRS 390.270 or 390.275;

 


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      2.  The disclosure of questions or answers to questions on an examination or assessment in a manner not otherwise approved by law; and

      3.  Other breaches in the security or confidentiality of the questions or answers to questions on an examination or assessment.

      Sec. 46. NRS 390.270 is hereby amended to read as follows:

      390.270  1.  The Department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 390.105 [and 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610.

      2.  A plan adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

      (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

      (c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:

             (1) By category, the employees of the school district, Achievement School District, charter school or Department, or any combination thereof, who are responsible for taking the action; and

             (2) Whether the school district, Achievement School District, charter school or Department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.

      (d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of NRS 390.295.

      3.  A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education, created pursuant to NRS 218E.605.

      Sec. 47. NRS 390.275 is hereby amended to read as follows:

      390.275  1.  The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations and assessments.

      2.  A plan adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.

      (b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.

 


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      (c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination or assessment.

      (d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.

Ê The procedures adopted pursuant to this subsection must be consistent, to the extent applicable, with the procedures adopted by the Department pursuant to NRS 390.270.

      3.  A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:

      (a) The State Board; and

      (b) The Legislative Committee on Education, created pursuant to NRS 218E.605.

      4.  On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall provide a written notice regarding the examinations and assessments to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations and assessments, all pupils who are required to take the examinations or assessments and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:

      (a) Plan adopted pursuant to this section; and

      (b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.

      5.  As used in this section:

      (a) “Assessment” means the college and career readiness assessment administered to pupils enrolled in grade 11 pursuant to NRS 390.610.

      (b) “Examination” means:

             (1) The examinations that are administered to pupils pursuant to NRS 390.105 ; [or 390.600;] and

             (2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

      (c) “Irregularity in testing administration” means the failure to administer an examination or assessment in the manner intended by the person or entity that created the examination or assessment.

      (d) “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination or assessment, including, without limitation:

             (1) The failure to comply with security procedures adopted pursuant to this section or NRS 390.270;

 


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             (2) The disclosure of questions or answers to questions on an examination or assessment in a manner not otherwise approved by law; and

             (3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination or assessment.

      Sec. 48. NRS 390.280 is hereby amended to read as follows:

      390.280  1.  If the Department:

      (a) Has reason to believe that a violation of the plan adopted pursuant to NRS 390.270 may have occurred;

      (b) Has reason to believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred with respect to an examination that is administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610; or

      (c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 390.285 to investigate a potential violation of the plan adopted pursuant to NRS 390.275 with respect to an examination that is administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610,

Ê the Department shall investigate the matter as it deems appropriate.

      2.  If the Department investigates a matter pursuant to subsection 1, the Department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.

      3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the Department may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the Department pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials before the Department as required by the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the Department.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the Department. A certified copy of the order must be served upon the witness.

      5.  If it appears to the court that the subpoena was regularly issued by the Department, the court shall enter an order that the witness appear before the Department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 49. NRS 390.285 is hereby amended to read as follows:

      390.285  1.  If a school official has reason to believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred, the school official shall immediately report the incident to the board of trustees of the school district.

 


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school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to NRS 390.275 may have occurred, the board of trustees shall:

      (a) If the violation is with respect to an examination administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, immediately report the incident to the Department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and

      (b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:

             (1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.

             (2) With respect to an examination that is administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, requesting that the Department investigate the incident pursuant to NRS 390.280.

Ê The fact that a board of trustees elects initially to carry out its own investigation pursuant to subparagraph (1) of paragraph (b) does not affect the ability of the board of trustees to request, at any time, that the Department investigate the incident as authorized pursuant to subparagraph (2) of paragraph (b).

      2.  Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to NRS 390.275.

      3.  If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:

      (a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;

      (b) The witness has been subpoenaed by the board of trustees pursuant to this section; and

      (c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him or her,

Ê and asking for an order of the court compelling the witness to attend, testify or produce materials before the board of trustees.

      4.  Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.

 

 


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      5.  If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 50. NRS 390.300 is hereby amended to read as follows:

      390.300  1.  The Department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS 390.105 [or 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610. Upon approval of the Department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the Department.

      2.  The board of trustees of each school district and the governing body of each charter school shall ensure that:

      (a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS 390.105, 390.600 or 390.610, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, receive, on an annual basis, the program of education and training established by the Department or the expanded program, if applicable; and

      (b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).

      Sec. 51. (Deleted by amendment.)

      Sec. 51.5. NRS 390.360 is hereby amended to read as follows:

      390.360  “Examination” means:

      1.  The examinations that are administered to pupils pursuant to NRS 390.105 ; [or 390.600;] and

      2.  Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.

      Sec. 52. NRS 390.600 is hereby amended to read as follows:

      390.600  1.  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if the pupil satisfies the requirements set forth in his or her individualized education program. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      2.  The State Board shall adopt regulations that prescribe the [:

      (a) Criteria] criteria for a pupil to receive a standard high school diploma, which must include, without limitation, the requirement that:

             [(1)Commencing with the 2014-2015 school year and each school year thereafter, a]

      (a)A pupil enrolled in grade 11 take the college and career readiness assessment administered pursuant to NRS 390.610; and

             [(2)](b) Commencing with the [2014-2015 school year] graduating class of 2022 and each [school year thereafter,] graduating class thereafter, a pupil [enroll in the courses] successfully complete a course of study designed to prepare the pupil for graduation from high school and for readiness for college and career .

 


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a pupil [enroll in the courses] successfully complete a course of study designed to prepare the pupil for graduation from high school and for readiness for college and career . [; and

             (3) Commencing with the 2014-2015 school year and each school year thereafter, a pupil pass at least four end-of-course examinations prescribed pursuant to paragraph (b).

      (b) Courses of study in which pupils must pass the end-of-course examinations required by subparagraph (3) of paragraph (a), which must include, without limitation, the subject areas for which the State Board has adopted the common core standards and which may include any other courses of study prescribed by the State Board.

      (c) The maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.]

      3.  The criteria prescribed by the State Board pursuant to subsection 2 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to NRS 390.610.

      4.  If a pupil does not satisfy the requirements prescribed by the State Board to receive a standard high school diploma, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for such a diploma. The provisions of this subsection do not apply to a pupil who receives an adjusted diploma pursuant to subsection 1.

      Sec. 53. NRS 390.610 is hereby amended to read as follows:

      390.610  1.  The State Board shall select a college and career readiness assessment for administration [, commencing with the 2014-2015 school year and each school year thereafter,] to pupils who are enrolled in grade 11 in public high schools.

      2.  Except as otherwise provided in this subsection, a pupil must take the college and career readiness assessment to receive a standard high school diploma. [The results of a pupil on the assessment must not be used in the determination of whether the pupil satisfies the requirements for receipt of a standard high school diploma.] A pupil with a disability may, in accordance with his or her individualized education program, be exempt from the requirement to take the college and career readiness assessment.

      3.  The results of a pupil on the college and career readiness assessment:

      (a) Must not be used in the determination of whether the pupil satisfies the requirements for receipt of standard high school diploma.

      (b) May be used in the determination of whether the pupil satisfies the requirements for receipt of a college and career ready high school diploma.

      4.  The assessment selected pursuant to subsection 1 must be:

      (a) Administered at the same time during the school year by the board of trustees of each school district to pupils enrolled in grade 11 in all public high schools of the school district and by the governing body of each charter school that enrolls pupils in grade 11, as prescribed by the State Board, and in accordance with uniform procedures adopted by the State Board. The Department shall monitor the compliance of the school districts and individual schools with the uniform procedures and report to the State Board any instance of noncompliance.

 


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      (b) Administered in accordance with the plan adopted by the Department pursuant to NRS 390.270 and with the plan adopted by the board of trustees of the school district in which the assessment is administered pursuant to NRS 390.275. The Department shall monitor the compliance of the school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department,

Ê and shall report to the State Board any instance of noncompliance.

      [4.] 5.  The assessment selected pursuant to subsection 1 must:

      (a) Be used to provide data and information to each pupil who takes the assessment in a manner that allows the pupil to review the areas of his or her academic strengths and weaknesses, including, without limitation, areas where additional work in the subject areas tested on the assessment is necessary to prepare for college and career success without the need for remediation; and

      (b) Allow teachers and other educational personnel to use the results of a pupil on the assessment to provide appropriate interventions for the pupil to prepare for college and career success.

      [5.] 6.  The State Board shall adopt regulations prescribing the manner in which the results of a college and career readiness assessment selected pursuant to subsection 1 must be used by a school district or charter school that operates as a high school to inform the instruction provided to pupils enrolled in grade 12, including, without limitation, to determine whether to provide remediation in areas of academic weakness and acceleration in areas of academic strength.

      7.  The State Board may work in consultation with the boards of trustees of school districts and, if a charter school enrolls pupils at a high school grade level, the governing body of the charter school to develop and implement appropriate plans of remediation for pupils based upon the results of the pupils on the assessment.

      Sec. 54. NRS 390.620 is hereby amended to read as follows:

      390.620  1.  The Department shall develop an informational pamphlet concerning the [end-of-course examinations required pursuant to NRS 390.600 and the] college and career readiness assessment administered pursuant to NRS 390.610 for pupils who are enrolled in junior high, middle school and high school, and their parents and legal guardians. The pamphlet must include a written explanation of the:

      (a) Importance of [passing the end-of-course examinations and the importance of] taking the college and career readiness assessment;

      (b) [Courses of study for which the end-of-course examinations are administered and the subject] Subject areas tested on the college and career readiness assessment; and

      (c) Format for the [end-of-course examinations and the] college and career readiness assessment, including, without limitation, the range of items that [are] is contained on [the examinations and] the assessment . [; and

      (d) Maximum number of times, if any, that a pupil is allowed to take the end-of-course examinations if the pupil fails to pass the examinations after the first administration.]

 


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      2.  The Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as it considers necessary to ensure that pupils and their parents or legal guardians fully understand the [end-of-course examinations and the] college and career readiness assessment.

      3.  On or before September 1, the Department shall:

      (a) Provide an electronic copy of the pamphlet or revised pamphlet to the board of trustees of each school district and the governing body of each charter school that includes pupils enrolled in a junior high, middle school or high school grade level; and

      (b) Post a copy of the pamphlet or revised pamphlet on the Internet website maintained by the Department.

      4.  The board of trustees of each school district shall provide a copy of the pamphlet to each junior high, middle school or high school within the school district for posting. The governing body of each charter school shall ensure that a copy of the pamphlet is posted at the charter school. Each principal of a junior high, middle school, high school or charter school shall ensure that the teachers, counselors and administrators employed at the school fully understand the contents of the pamphlet.

      5.  On or before October 1, the:

      (a) Board of trustees of each school district shall provide a copy of the pamphlet to each pupil who is enrolled in a junior high, middle school or high school of the school district and to the parents or legal guardians of such a pupil.

      (b) Governing body of each charter school shall provide a copy of the pamphlet to each pupil who is enrolled in the charter school at a junior high, middle school or high school grade level and to the parents or legal guardians of such a pupil.

      Sec. 55. NRS 390.810 is hereby amended to read as follows:

      390.810  1.  The board of trustees of each school district and the governing body of each charter school shall ensure that each pupil who is [limited] an English [proficient] learner and is enrolled in the school district or charter school, as applicable, participates in the achievement and proficiency examinations administered pursuant to this chapter. The State Board shall prescribe reasonable modifications and accommodations that must be used in the administration of an examination to a pupil who is [limited] an English [proficient] learner and who is unable to take an examination under regular testing conditions. The results of each pupil who is [limited] an English [proficient] learner and who takes an examination with modifications and accommodations must be reported and included within the determination of whether the school has met the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The board of trustees of a school district and the governing body of a charter school shall administer to a pupil who is [limited English proficient:] an English learner:

      (a) To the extent practicable, examinations in mathematics and science required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows.

 

 


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      (b) To the extent practicable, examinations in reading required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows if the pupil has attended public schools in the United States for less than 3 consecutive years.

      (c) If the pupil has attended public schools in the United States for 3 consecutive years but less than 5 consecutive years:

             (1) Examinations in reading required by subsection 1 in the English language; or

             (2) Examinations in reading required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows if the board of trustees or the governing body, as applicable, determines that the pupil has not reached a level of English proficiency sufficient to yield valid and reliable information on what the pupil knows. The board of trustees or the governing body of a charter school, as applicable, may grant exceptions for a particular pupil pursuant to this subparagraph, on a case-by-case basis, for a period not longer than 2 consecutive years.

      (d) If the pupil has attended public schools in the United States for 5 consecutive years or more, examinations in reading required by subsection 1 in the English language.

      3.  The State Board shall prescribe an assessment of proficiency in the English language for pupils who are [limited] English [proficient] learners to measure oral language skills, comprehension skills, reading skills and writing skills. The board of trustees of each school district and the governing body of each charter school shall administer the assessment annually at the time prescribed by the State Board. A pupil who takes the assessment prescribed pursuant to this subsection is not exempt from the achievement and proficiency examinations administered pursuant to this chapter.

      Sec. 56. NRS 390.820 is hereby amended to read as follows:

      390.820  1.  If a pupil with a disability is unable to take an examination administered pursuant to NRS 390.105 [or 390.600] under regular testing conditions, the pupil may take the examination with modifications and accommodations that the pupil’s individualized education program team determines, in consultation with the Department and in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., are necessary to measure the progress of the pupil. If modifications or accommodations are made in the administration of an examination for a pupil with a disability, the modifications or accommodations must be set forth in the pupil’s individualized education program. The results of each pupil with a disability who takes an examination with modifications or accommodations must be reported and must be included in the determination of whether the school has met the [annual measurable objectives] school achievement targets and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The State Board shall prescribe an alternate examination for administration to a pupil with a disability if the pupil’s individualized education program team determines, in consultation with the Department, that the pupil cannot participate in all or a portion of an examination administered pursuant to NRS 390.105 [or 390.600] even with modifications and accommodations.

 


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      3.  The State Board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., the modifications and accommodations that must be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions.

      4.  As used in this section:

      (a) “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      (b) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      Sec. 56.5. NRS 390.830 is hereby amended to read as follows:

      390.830  1.  The State Board shall:

      (a) In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations adopted pursuant thereto, adopt regulations requiring the schools of this State that are selected by the National Assessment Governing Board or the National Center for Education Statistics to participate in the examinations of the National Assessment of Educational Progress.

      (b) Report the results of those examinations to the:

             (1) Governor;

             (2) Board of trustees of each school district of this State;

             (3) Legislative Committee on Education created pursuant to NRS 218E.605; and

             (4) Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625.

      (c) Include in the report required pursuant to paragraph (b) an analysis and comparison of the results of pupils in this State on the examinations required by this section with:

             (1) The results of pupils throughout this country who participated in the examinations of the National Assessment of Educational Progress; and

             (2) The results of pupils on the achievement and proficiency examinations administered pursuant to this chapter.

      2.  If the report required by subsection 1 indicates that the percentage of pupils enrolled in the public schools in this State who are proficient on the National Assessment of Educational Progress differs by more than 10 percent of the pupils who are proficient on the examinations administered pursuant to NRS 390.105 , [and the examinations administered pursuant to NRS 390.600,] the Department shall prepare a written report describing the discrepancy. The report must include, without limitation, a comparison and evaluation of:

      (a) The standards of content and performance for English language arts and mathematics established pursuant to NRS 389.520 with the standards for English language arts and mathematics that are tested on the National Assessment.

      (b) The standards for proficiency established for the National Assessment with the standards for proficiency established for the examinations that are administered pursuant to NRS 390.105 . [and the examinations administered pursuant to NRS 390.600.]

      3.  The report prepared by the Department pursuant to subsection 2 must be submitted to the:

 


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      (a) Governor;

      (b) Legislative Committee on Education;

      (c) Legislative Bureau of Educational Accountability and Program Evaluation; and

      (d) Council to Establish Academic Standards for Public Schools.

      4.  The Council to Establish Academic Standards for Public Schools shall review and evaluate the report provided to the Council pursuant to subsection 3 to identify any discrepancies in the standards of content and performance established by the Council that require revision and a timeline for carrying out the revision, if necessary. The Council shall submit a written report of its review and evaluation to the Legislative Committee on Education and Legislative Bureau of Educational Accountability and Program Evaluation.

      Sec. 57. NRS 390.840 is hereby amended to read as follows:

      390.840  If the Department enters into a contract with a person or entity to score the results of an examination that is administered to pupils pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, and the contract sets forth penalties or sanctions in the event that the person or entity fails to deliver the scored results to a school district or charter school on a timely basis, the Department shall ensure that any such penalties or sanctions are fully enforced.

      Sec. 58. NRS 391.008 is hereby amended to read as follows:

      391.008  1.  “Paraprofessional” means a person who is employed by and assigned by a school district or charter school to:

      (a) Provide one-on-one tutoring for a pupil;

      (b) Assist with the management of a classroom, including, without limitation, organizing instructional materials;

      (c) Provide assistance in a computer laboratory;

      (d) Conduct parental involvement activities in conjunction with one or more duties set forth in this subsection;

      (e) Provide support in a library or media center;

      (f) Except as otherwise provided in subsection 2, provide services as a translator; or

      (g) Provide instructional services to pupils under the direct supervision of a licensed teacher.

      2.  The term “paraprofessional” does not include a person who:

      (a) Is proficient in the English language and a language other than English and who provides services as a translator primarily to enhance the participation of children in programs that are financially supported pursuant to the [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq.

      (b) Solely conducts parental involvement activities.

      Sec. 59. NRS 391.094 is hereby amended to read as follows:

      391.094  The State Board shall prescribe by regulation at least one examination for those paraprofessionals who desire to satisfy the requirements [of 20 U.S.C. § 6319(c) by passing an examination prescribed by this State.] prescribed by the Department to comply with 20 U.S.C. § 6311(g)(2)(M). The regulations must include the passing score required to demonstrate satisfaction of [the] those requirements . [of 20 U.S.C. § 6319(c).]

 


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      Sec. 60. NRS 391.098 is hereby amended to read as follows:

      391.098  1.  If a pupil enrolled in a Title I school or a school that is rated as underperforming pursuant to the statewide system of accountability for public schools:

      (a) Is assigned to a teacher, as the pupil’s regular classroom teacher, who is not [highly qualified;] licensed to teach pursuant to chapter 391 of NRS or who does not hold an endorsement to teach in the subject area in which he or she is teaching; or

      (b) Has been taught for 4 consecutive weeks or more by a teacher who is not the pupil’s regular classroom teacher and who is not [highly qualified,] licensed to teach pursuant to chapter 391 of NRS or who does not hold an endorsement to teach in the subject area in which he or she is teaching,

Ê the principal of the school or the administrative head of the charter school, as applicable, shall provide notice of that fact to the parent or legal guardian of the pupil.

      2.  The State Board shall prescribe the date on which the notice required by subsection 1 must be provided. The notice must be provided in a uniform and understandable format and, to the extent practicable, in a language that parents and guardians can understand.

      [3.  As used in this section, “highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).]

      Sec. 61. NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

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

      3.  A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if the person teaches:

      (a) English language arts;

      (b) Mathematics;

      (c) Science;

      (d) A foreign or world language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      4.]  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. [A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c).]

 


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6319(c).] A person who is employed as a paraprofessional by a school district [, regardless of the date of hire,] to work in a program supported with Title I money must possess [, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not “initially hired” if he or she has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire] the requirements prescribed by the [person’s current employer.] State Board pursuant to NRS 391.094.

      (b) Shall establish policies governing the duties and performance of teacher aides.

      Sec. 62. NRS 391.125 is hereby amended to read as follows:

      391.125  1.  If the board of trustees of a school district determines that a shortage of teachers exists within the school district in a particular subject area, the board of trustees may , on or before September 1 of the school year for which such a determination is made, submit a written request to the Superintendent of Public Instruction to employ persons who are licensed teachers but who do not hold an endorsement to teach in the subject area for which there is a shortage of teachers at a public school within the school district . [that is not rated as underperforming pursuant to the statewide system of accountability for public schools.] The Superintendent of Public Instruction may grant such a request if the Superintendent determines that a shortage of teachers exists in the subject area. If the Superintendent of Public Instruction grants a request pursuant to this subsection, a person who holds a license to teach but not an endorsement in the subject area for which the request was granted may be employed by the school district for not more than [2] 3 school years to teach in that subject area at a public school within the school district . [that is not rated as underperforming pursuant to the statewide system of accountability for public schools.]

      2.  If the Superintendent of Public Instruction grants a request pursuant to subsection 1, the Superintendent shall submit a written report to the Commission and the State Board that includes the name of the school district for which the request was granted and the subject area for which the request was granted. Upon receipt of such a report, the Commission and the State Board shall consider whether to adopt revisions to the requirements for an endorsement in that subject area to address the shortage of teachers.

      Sec. 63. NRS 391.170 is hereby amended to read as follows:

      391.170  1.  Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless he or she:

      (a) Is legally employed by the board of trustees of the school district or the governing body of the charter school in which he or she is teaching or performing other educational functions.

      (b) Has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is employed, issued in accordance with law and in full force at the time the services are rendered.

 

 

 


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      2.  The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school who are not required to [be highly qualified] demonstrate experience and qualifications through licensure or subject matter expertise pursuant to the provisions of NRS 388A.518.

      [3.  As used in this section, “highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801.]

      Sec. 64. NRS 391.273 is hereby amended to read as follows:

      391.273  1.  Except as otherwise provided in this section 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, 5 or 6 must be under administrative supervision when performing any 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 7, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 pursuant to subsection 5 or 6.

      5.  Except as otherwise provided in subsection 6, the Superintendent shall not grant an exemption from the provisions of subsection 1 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.

      6.  Upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 if:

      (a) The duties of the unlicensed employee relate to the supervision of pupils attending a course of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, while the pupils are receiving instruction from a licensed employee remotely through any electronic means of communication; and

      (b) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.

 

 

 

 


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      7.  The exemption authorized by subsection 4, 5 or 6 does not apply to a paraprofessional if the [provisions of 20 U.S.C. § 6319 and the regulations adopted] requirements prescribed by the State Board pursuant [thereto] to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.

      8.  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.

      9.  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.

      10.  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.

      11.  If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 10, 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 387.1223.

      12.  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] requirements prescribed by the State Board pursuant [thereto] to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher.

      13.  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] requirements prescribed by the State Board pursuant [thereto.] to NRS 391.094.

 


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ê2017 Statutes of Nevada, Page 3263 (Chapter 501, AB 7)ê

 

      Sec. 65. NRS 391.330 is hereby amended to read as follows:

      391.330  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil enrolled in a school of a county school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      8.  Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 [or 390.600] and the college and career readiness assessment administered pursuant to NRS 390.610.

      9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275.

      10.  An intentional violation of NRS 388.497 or 388.499.

      11.  Knowingly and willfully failing to comply with the provisions of NRS 388.1351.

      Sec. 65.5. NRS 391.460 is hereby amended to read as follows:

      391.460  1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil achievement data as required by NRS 391.465;

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

             (3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

 

 


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      (c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer [evaluations] observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

      Sec. 66. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil achievement data account for at least 40 percent of the evaluation.

      (d) Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:

             (1) Pupil achievement data derived from statewide examinations and assessments must account for at least 20 percent of the evaluation of a teacher or administrator, as applicable; and

 

 


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             (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 20 percent of the evaluation.

      (e) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      (f) Include a process for peer [evaluations] observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer [reviews] observations pursuant to the process.

      3.  The State Board shall, by regulation, [designate] establish the criteria for the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district [may] shall select one or more [of the assessments designated] assessments that meet the criteria established by the State Board [to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment] to determine pupil achievement.

      4.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      Sec. 66.5. NRS 391.470 is hereby amended to read as follows:

      391.470  On or before August 1 of each year, the board of trustees of each school district shall submit a report to the State Board and the Teachers and Leaders Council of Nevada created by NRS 391.455 concerning the implementation and effectiveness of the process for peer [evaluations] observations of teachers set forth in the regulations adopted by the State Board pursuant to paragraph (f) of subsection 2 of NRS 391.465, including, without limitation, any recommendations for revisions to the process of peer [evaluations.] observations.

 

 

 


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ê2017 Statutes of Nevada, Page 3266 (Chapter 501, AB 7)ê

 

      Sec. 67. NRS 391.685 is hereby amended to read as follows:

      391.685  1.  A probationary teacher must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled [observations] observation cycles of the teacher during the first school year of his or her probationary period as follows:

      (a) The first scheduled observation cycle must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation cycle must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation cycle must occur after 80 days but within 120 days after the first day of instruction of the school year.

      2.  If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled [observations] observation cycles of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

      (b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation cycle of the teacher which must occur within 120 days after the first day of instruction of the school year.

      3.  If a probationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three [observations] observation cycles which must occur in accordance with the observation schedule set forth in subsection 1.

      Sec. 67.5. NRS 391.690 is hereby amended to read as follows:

      391.690  1.  If a postprobationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year which is based in part upon three [observations] observation cycles which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.685. If a postprobationary teacher receives evidence from the first two [observations] observation cycles during the school year indicating that, unless his or her performance improves, his or her overall performance may be rated as minimally effective or ineffective on the evaluation, the postprobationary teacher may request that the third observation cycle be conducted by another administrator. If a postprobationary teacher requests that his or her third observation cycle be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

 


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ê2017 Statutes of Nevada, Page 3267 (Chapter 501, AB 7)ê

 

      2.  If a postprobationary teacher receives an evaluation designating his or her overall performance as effective or highly effective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation cycle which must occur within 120 days after the first day of instruction of the school year.

      Sec. 68. NRS 391.705 is hereby amended to read as follows:

      391.705  1.  A probationary administrator must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled [observations] observation cycles of the probationary administrator during the first school year of his or her probationary period which must occur as follows:

      (a) The first scheduled observation cycle must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation cycle must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation cycle must occur after 80 days but within 120 days after the first day of instruction of the school year.

      2.  If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled [observations] observation cycles of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

      (b) During the first and second school year of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation cycle of the administrator which must occur within 120 days after the first day of instruction of the school year.

      3.  If a probationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary administrator must receive one evaluation during the immediately succeeding school year which is based in part upon three [observations] observation cycles which must occur in accordance with the observation schedule set forth in subsection 1.

      4.  Each probationary administrator is subject to the provisions of NRS 391.725 and 391.820.

      Sec. 68.5. NRS 391.710 is hereby amended to read as follows:

      391.710  1.  If a postprobationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year which is based in part upon three [observations] observation cycles which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.705. If a postprobationary administrator receives evidence from the first two [observations] observation cycles indicating that, unless his or her performance improves, his or her overall performance may be rated as

 


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ê2017 Statutes of Nevada, Page 3268 (Chapter 501, AB 7)ê

 

minimally effective or ineffective on the evaluation, the postprobationary administrator may request that the third observation cycle be conducted by another administrator. If a postprobationary administrator requests that his or her third observation cycle be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.

      2.  If a postprobationary administrator receives an evaluation designating his or her overall performance as effective or highly effective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation cycle which must occur within 120 days after the first day of instruction of the school year.

      Sec. 69. NRS 391.725 is hereby amended to read as follows:

      391.725  1.  If a written evaluation of a probationary teacher, or a probationary administrator who provides primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, designates the overall performance of the teacher or administrator as “minimally effective” or “ineffective”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive a ‘minimally effective’ or ‘ineffective’ evaluation [on the first or second evaluation, or both evaluations for this school year,] and are reemployed for a second or third year of your probationary period, you may request that [the third] your next evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in improving your performance based upon the recommendations reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in improving your performance.”

      (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

      2.  If a probationary teacher or probationary administrator to which subsection 1 applies requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

      3.  If a probationary teacher or probationary administrator to which subsection 1 applies requests assistance in improving performance reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in improving his or her performance.

 


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ê2017 Statutes of Nevada, Page 3269 (Chapter 501, AB 7)ê

 

      Sec. 70. NRS 391.750 is hereby amended to read as follows:

      391.750  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

      (h) Conviction of a felony or of a crime involving moral turpitude;

      (i) Inadequate performance;

      (j) Evident unfitness for service;

      (k) Failure to comply with such reasonable requirements as a board may prescribe;

      (l) Failure to show normal improvement and evidence of professional training and growth;

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

      (o) Willful neglect or failure to observe and carry out the requirements of this title;

      (p) Dishonesty;

      (q) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275;

      (r) An intentional violation of NRS 388.497 or 388.499;

      (s) Knowingly and willfully failing to comply with the provisions of NRS 388.1351;

      (t) Gross misconduct; or

      (u) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  If a teacher or administrator is found, through an investigation of a testing irregularity, to have willfully breached the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 [or 390.600] or the college and career readiness assessment administered pursuant to NRS 390.610, the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils, as applicable, shall:

      (a) Suspend, dismiss or fail to reemploy the teacher; or

      (b) Demote, suspend, dismiss or fail to reemploy the administrator.

      3.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

 


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      4.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      Sec. 71. NRS 391A.125 is hereby amended to read as follows:

      391A.125  1.  Based upon the priorities of programs prescribed by the State Board pursuant to subsection 4 of NRS 391A.505 and the assessment of needs for training within the region and priorities of training adopted by the governing body pursuant to NRS 391A.175, each regional training program shall provide:

      (a) Training for teachers and other licensed educational personnel in the:

             (1) Standards established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

             (2) Curriculum and instruction required for the standards adopted by the State Board;

             (3) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada; and

             (4) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

      (b) Through the Nevada Early Literacy Intervention Program established for the regional training program, training for teachers who teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental reading skills, including, without limitation:

             (1) Phonemic awareness;

             (2) Phonics;

             (3) Vocabulary;

             (4) Fluency;

             (5) Comprehension; and

             (6) Motivation.

      (c) Training for administrators who conduct the evaluations required pursuant to NRS 391.685, 391.690, 391.705 and 391.710 relating to the manner in which such evaluations are conducted. Such training must be developed in consultation with the Teachers and Leaders Council of Nevada created by NRS 391.455.

      (d) Training for teachers, administrators and other licensed educational personnel relating to correcting deficiencies and addressing recommendations for improvement in performance that are identified in the evaluations conducted pursuant to NRS 391.685, 391.690, 391.705 or 391.710.

      (e) At least one of the following types of training:

             (1) Training for teachers and school administrators in the assessment and measurement of pupil achievement and the effective methods to analyze the test results and scores of pupils to improve the achievement and proficiency of pupils.

             (2) Training for teachers in specific content areas to enable the teachers to provide a higher level of instruction in their respective fields of teaching. Such training must include instruction in effective methods to teach in a content area provided by teachers who are considered masters in that content area.

             (3) In addition to the training provided pursuant to paragraph (b), training for teachers in the methods to teach basic skills to pupils, such as providing instruction in reading with the use of phonics and providing instruction in basic skills of mathematics computation.

 


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      (f) In accordance with the program established by the Statewide Council pursuant to paragraph (b) of subsection 2 of NRS 391A.135 training for:

             (1) Teachers on how to engage parents and families, including, without limitation, disengaged families, in the education of their children and to build the capacity of parents and families to support the learning and academic achievement of their children.

             (2) Training for teachers and paraprofessionals on working with parent liaisons in public schools to carry out strategies and practices for effective parental involvement and family engagement.

      2.  The training required pursuant to subsection 1 must:

      (a) Include the activities set forth in 20 U.S.C. § [7801(34),] 7801(42), as deemed appropriate by the governing body for the type of training offered.

      (b) Include appropriate procedures to ensure follow-up training for teachers and administrators who have received training through the program.

      (c) Incorporate training that addresses the educational needs of:

             (1) Pupils with disabilities who participate in programs of special education; and

             (2) Pupils who are [limited] English [proficient.] learners.

      3.  The governing body of each regional training program shall prepare and maintain a list that identifies programs for the professional development of teachers and administrators that successfully incorporate:

      (a) The standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

      (b) Fundamental reading skills; and

      (c) Other training listed in subsection 1.

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 391A.120 to provide professional development to the teachers and administrators employed by the school district that is in addition to the training required by this section. Any training provided pursuant to this subsection must include the activities set forth in 20 U.S.C. § [7801(34),] 7801(42), as deemed appropriate by the governing body for the type of training offered.

      6.  To the extent money is available from legislative appropriation or otherwise, a regional training program may provide training to paraprofessionals.

      7.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 72. NRS 391A.135 is hereby amended to read as follows:

      391A.135  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 391A.125 and 391A.175. The standards must ensure that the training provided by the regional training programs includes activities set forth in 20 U.S.C. § [7801(34),] 7801(42), 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 391A.125.

 


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U.S.C. § [7801(34),] 7801(42), 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 391A.125.

      (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.

      (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 391A.190.

      (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 391A.175.

      (h) Review and recommend any necessary revisions to the annual report prepared by the governing body of each regional training program pursuant to NRS 391A.190.

      (i) Ensure that the governing body of each regional training program considers the plans to improve the achievement of pupils prepared pursuant to NRS 385A.650 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 385.111 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 391A.125; 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 391A.125, including, without limitation, providing money from the budget of the Statewide Council to match the money received from a federal grant.

 


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      4.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 73. NRS 391A.370 is hereby amended to read as follows:

      391A.370  The board of trustees of each school district and the governing body of each charter school shall ensure that the teachers and administrators employed by the school district or charter school have access to high-quality, ongoing professional development training. The professional development training must include, without limitation, training concerning:

      1.  The academic standards adopted by the State Board, including, without limitation, the academic standards for science.

      2.  The academic standards and curriculum in English language development and literacy.

      3.  The curriculum and instruction required for courses of study in:

      (a) Science, technology, engineering and mathematics.

      (b) English language development and literacy.

      4.  The cultural competency required to meet the social, emotional and academic needs of certain categories of pupils enrolled in the school, including, without limitation, pupils who are at risk, pupils who are [limited] English [proficient,] learners, pupils with disabilities and gifted and talented pupils.

      Sec. 74. NRS 391A.400 is hereby amended to read as follows:

      391A.400  1.  There is hereby created the Grant Fund for Incentives for Licensed Educational Personnel to be administered by the Department. The Department may accept gifts and grants from any source for deposit in the Grant Fund.

      2.  The board of trustees of each school district shall establish a program of incentive pay for licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level which must be designed to attract and retain those employees. The program must be negotiated pursuant to chapter 288 of NRS, insofar as the provisions of that chapter apply to those employees, and must include, without limitation, the attraction and retention of:

      (a) Licensed teachers, school psychologists, school librarians, school counselors and administrators employed at the school level who have been employed in that category of position for at least 5 years in this State or another state and who are employed in schools which are at-risk, as determined by the Department pursuant to subsection 8; and

      (b) Teachers who hold a license or endorsement in the field of mathematics, science, special education, English as a second language or other area of need within the school district, as determined by the Superintendent of Public Instruction.

      3.  A program of incentive pay established by a school district must specify the type of financial incentives offered to the licensed educational personnel. Money available for the program must not be used to negotiate the salaries of individual employees who participate in the program.

      4.  If the board of trustees of a school district wishes to receive a grant of money from the Grant Fund, the board of trustees shall submit to the Department an application on a form prescribed by the Department. The application must include a description of the program of incentive pay established by the school district.

 


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      5.  The Superintendent of Public Instruction shall compile a list of the financial incentives recommended by each school district that submitted an application. On or before December 1 of each year, the Superintendent shall submit the list to the Interim Finance Committee for its approval of the recommended incentives.

      6.  After approval of the list of incentives by the Interim Finance Committee pursuant to subsection 5 and within the limits of money available in the Grant Fund, the Department shall provide grants of money to each school district that submits an application pursuant to subsection 4 based upon the amount of money that is necessary to carry out each program. If an insufficient amount of money is available to pay for each program submitted to the Department, the amount of money available must be distributed pro rata based upon the number of licensed employees who are estimated to be eligible to participate in the program in each school district that submitted an application.

      7.  An individual employee may not receive as a financial incentive pursuant to a program an amount of money that is more than $3,500 per year.

      8.  The Department shall, in consultation with representatives appointed by the Nevada Association of School Superintendents and the Nevada Association of School Boards, develop a formula for identifying at-risk schools for purposes of this section. The formula must be developed on or before July 1 of each year and include, without limitation, the following factors:

      (a) The percentage of pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.;

      (b) The transiency rate of pupils;

      (c) The percentage of pupils who are [limited] English [proficient;] learners;

      (d) The percentage of pupils who have individualized education programs; and

      (e) The percentage of pupils who drop out of high school before graduation.

      9.  The board of trustees of each school district that receives a grant of money pursuant to this section shall evaluate the effectiveness of the program for which the grant was awarded. The evaluation must include, without limitation, an evaluation of whether the program is effective in recruiting and retaining the personnel as set forth in subsection 2. On or before December 1 of each year, the board of trustees shall submit a report of its evaluation to the:

      (a) Governor;

      (b) State Board;

      (c) Interim Finance Committee;

      (d) If the report is submitted in an even-numbered year, Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (e) Legislative Committee on Education.

      Sec. 75. NRS 392.457 is hereby amended to read as follows:

      392.457  1.  The State Board 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, adopt a policy to encourage effective involvement and engagement by parents and families in support of their children and the education of their children.

 


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throughout this State and individual parents and legal guardians whose children are enrolled in public schools throughout this State, adopt a policy to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policy adopted by the State Board must be considered when the Board:

      (a) Consults with the boards of trustees of school districts in the adoption of policies pursuant to subsection 3; and

      (b) Interacts with school districts, public schools, educational personnel, parents, legal guardians and families of pupils, and members of the general public in carrying out its duties pursuant to this title.

      2.  The policy adopted by the State Board pursuant to subsection 1 must include the following elements and goals:

      (a) Promotion of an atmosphere for parents and families to visit the school that their children attend and feel welcome, valued and connected to the staff of the school, other parents and families and to the education of their children.

      (b) Promotion of regular, two-way, meaningful communication between parents, families and schools relating to learning by pupils.

      (c) Collaboration among parents, families and schools to support learning by pupils and healthy development of pupils at home and school.

      (d) Empowerment of parents and families to advocate for their children and the children of other parents and families to ensure that all pupils are treated fairly and have access to learning opportunities that support pupil achievement.

      (e) Promotion of an equal partnership between parents, families and schools in making decisions that affect children, parents and families and in informing, influencing and creating school policies, practices and programs.

      (f) Collaboration of parents, families and schools with the community to connect pupils, parents, families and schools with learning opportunities, community services and civic participation.

      3.  The board of trustees of each school district shall, in consultation with the State Board, educational personnel, local associations and organizations of parents whose children are enrolled in public schools of the school district and individual parents and legal guardians whose children are enrolled in public schools of the school district, adopt policies to encourage effective involvement and engagement by parents and families in support of their children and the education of their children. The policies adopted pursuant to this subsection must:

      (a) Be consistent, to the extent applicable, with the policy adopted by the State Board pursuant to subsection 1;

      (b) Include the elements and goals specified in subsection 2; and

      (c) Comply with the parental involvement policy required by the federal [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.

      4.  The State Board and the board of trustees of each school district shall, at least once each year, review and amend their respective policies as necessary.

      Sec. 76. NRS 392.4575 is hereby amended to read as follows:

      392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the policy:

 


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      (a) For parental involvement required by the federal [No Child Left Behind Act of 2001,] Every Student Succeeds Act of 2015, as set forth in 20 U.S.C. § 6318.

      (b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

             (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

             (2) Reviewing and checking the pupil’s homework; and

             (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

      (b) The responsibilities of a pupil in a public school, including, without limitation:

             (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

             (2) Using all school equipment and property appropriately and safely;

             (3) Following the directions of any adult member of the staff of the school;

             (4) Completing and submitting homework in a timely manner; and

             (5) Respecting himself or herself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

             (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

             (2) Maximizing the educational and social experience of each pupil;

             (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

             (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

 


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      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      Sec. 77. NRS 392.750 is hereby amended to read as follows:

      392.750  If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 exhibits a deficiency in the subject area of reading based upon state or local assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

      1.  Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 that has been approved by the Department pursuant to NRS 388.157;

      2.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

 


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      3.  Include information regarding the English literacy development of a pupil who is [limited] an English [proficient;] learner; and

      4.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is [limited] an English [proficient.] learner.

      Sec. 78. NRS 392.760 is hereby amended to read as follows:

      392.760  1.  Except as otherwise provided in this section, a pupil enrolled in grade 3 must be retained in grade 3 rather than promoted to grade 4 if the pupil does not obtain a score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 that meets the passing score prescribed by the State Board pursuant to subsection 7.

      2.  The superintendent of schools of a school district or the governing body of a charter school, as applicable, may authorize the promotion of a pupil to grade 4 who would otherwise be retained in grade 3 only if the superintendent or governing body, as applicable, approves a good-cause exemption for the pupil upon a determination by the principal of the school pursuant to subsection 4 that the pupil is eligible for such an exemption.

      3.  A good-cause exemption must be approved for a pupil who previously was retained in grade 3. Any other pupil is eligible for a good-cause exemption if the pupil:

      (a) Demonstrates an acceptable level of proficiency in reading on an alternative standardized reading assessment approved by the State Board;

      (b) Demonstrates, through a portfolio of the pupil’s work, proficiency in reading at grade level, as evidenced by demonstration of mastery of the academic standards in reading beyond the retention level;

      (c) Is [limited] an English [proficient] learner and has received less than 2 years of instruction in a program of instruction that teaches English as a second language;

      (d) Received intensive remediation in the subject area of reading for 2 or more years but still demonstrates a deficiency in reading and was previously retained in kindergarten or grade 1 or 2 for a total of 2 years;

      (e) Is a pupil with a disability and his or her individualized education program indicates that the pupil’s participation in the criterion-referenced examinations administered pursuant to NRS 390.105 is not appropriate; or

      (f) Is a pupil with a disability and:

             (1) He or she participates in the criterion-referenced examinations administered pursuant to NRS 390.105;

             (2) His or her individualized education program or plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, documents that the pupil has received intensive remediation in reading for more than 2 years, but he or she still demonstrates a deficiency in reading; and

             (3) He or she was previously retained in kindergarten or grade 1, 2 or 3.

      4.  The principal of a school in which a pupil who may be retained in grade 3 pursuant to subsection 1 is enrolled shall consider the factors set forth in subsection 3 and determine whether the pupil is eligible for a good-cause exemption. In making the determination, the principal must consider documentation provided by the pupil’s teacher indicating whether the promotion of the pupil is appropriate based upon the record of the pupil. Such documentation must only consist of the existing plan for monitoring the progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable.

 


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progress of the pupil, the pupil’s individualized education program, if applicable, and the pupil’s plan in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, if applicable. If the principal determines that promotion of the pupil to grade 4 is appropriate, the principal must submit a written recommendation to the superintendent of schools of the school district or to the governing body of the charter school, as applicable. The superintendent of schools or the governing body of the charter school, as applicable, shall approve or deny the recommendation of the principal and provide written notice of the approval or denial to the principal.

      5.  A principal who determines that a pupil is eligible for a good-cause exemption shall notify the parent or legal guardian of the pupil whether the superintendent of schools of the school district or the governing body of the charter school, as applicable, approves the good-cause exemption.

      6.  The principal of a school in which a pupil for whom a good-cause exemption is approved and who is promoted to grade 4 must ensure that the pupil continues to receive intensive instruction in the subject area of reading. Such instruction must include, without limitation, strategies based upon [scientifically based] evidence-based research that will improve proficiency in the subject area of reading.

      7.  The State Board shall prescribe by regulation:

      (a) The score which a pupil enrolled in grade 3 must obtain in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 to be promoted to grade 4 without a good-cause exemption; and

      (b) An alternate examination for administration to pupils enrolled in grade 3 who do not obtain the passing score in the subject area of reading on the criterion-referenced examination administered pursuant to NRS 390.105 and the passing score such a pupil must obtain on the alternate examination to be promoted to grade 4 without a good-cause exemption.

      8.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 79. NRS 392.765 is hereby amended to read as follows:

      392.765  1.  If a pupil will be retained in grade 3 pursuant to NRS 392.760, the principal of the school must:

      (a) Provide written notice to the parent or legal guardian of the pupil that the pupil will be retained in grade 3. The written notice must include, without limitation, a description of the intensive instructional services in the subject area of reading that the pupil will receive to improve the proficiency of the pupil in that subject area.

      (b) Develop a plan to monitor the progress of the pupil in the subject area of reading.

      (c) Require the teacher of the pupil to develop a portfolio of the pupil’s work in the subject area of reading, which must be updated as necessary to reflect progress made by the pupil.

      (d) Ensure that the pupil receives intensive instructional services in the subject area of reading that are designed to improve the pupil’s proficiency in the subject area of reading, including, without limitation:

             (1) Programs and services included in the plan to improve the literacy of pupils enrolled in kindergarten and grades 1, 2 and 3 approved by the Department pursuant to NRS 388.157;

 


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             (2) Instruction for at least 90 minutes each school day based upon [scientifically based] evidence-based research concerning reading instruction ; [research;] and

             (3) Intensive instructional services prescribed by the board of trustees of the school district pursuant to subsection 2, as determined appropriate for the pupil.

      2.  The board of trustees of each school district or the governing body of a charter school, as applicable, shall:

      (a) Review and evaluate the plans for monitoring the progress of pupils developed pursuant to subsection 1.

      (b) Prescribe the intensive instructional services in the subject area of reading which the principal of a school must implement as determined appropriate for a pupil who is retained in grade 3 pursuant to NRS 392.760, which may include, without limitation:

             (1) Instruction that is provided in small groups;

             (2) Instruction provided in classes with reduced pupil-teacher ratios;

             (3) A timeline for frequently monitoring the progress of the pupil;

             (4) Tutoring and mentoring;

             (5) Classes which are designed to increase the ability of pupils to transition from grade 3 to grade 4;

             (6) Instruction provided through an extended school day, school week or school year;

             (7) Programs to improve a pupil’s proficiency in reading which are offered during the summer; or

             (8) Any combination of the services set forth in subparagraphs (1) to (7), inclusive.

      3.  Except as otherwise provided in subsection 4, the intensive instructional services in the subject area of reading required by this section must be provided to the pupil by a teacher:

      (a) Who is different than the teacher who provided instructional services to the pupil during the immediately preceding school year; and

      (b) Who has been determined to be highly effective, as demonstrated by pupil performance data and performance evaluations.

      4.  The intensive instructional services in the subject area of reading required by this section may be provided to the pupil by the same teacher who provided instructional services to the pupil during the immediately preceding school year if a different teacher who meets the requirements of paragraph (b) of subsection 3 is not reasonably available and the pupil:

      (a) Has an individualized education program; or

      (b) Is enrolled in a school district in a county whose population is less than 100,000.

      5.  The board of trustees of each school district and the governing body of a charter school, as applicable, shall develop a policy by which the principal of a school may promote a pupil who is retained in grade 3 pursuant to NRS 392.760 to grade 4 at any time during the school year if the pupil demonstrates adequate proficiency in the subject area of reading. The policy must include the specific criteria a pupil must satisfy to be eligible for promotion, including, without limitation, a reasonable expectation that the pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level.

 


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pupil’s progress will allow him or her to sufficiently master the requirements for a fourth-grade reading level. If a pupil is promoted after November 1 of a school year, he or she must demonstrate proficiency in reading at a level prescribed by the State Board.

      6.  If a principal of a school determines that a pupil is not academically ready for promotion to grade 4 after being retained in grade 3 and the pupil received intensive instructional services pursuant to this section, the school district in which the pupil is enrolled must allow the parent or legal guardian of the pupil to decide, in consultation with the principal of the school, whether to place the pupil in a transitional instructional setting which is designed to produce learning gains sufficient for the pupil to meet the performance standards required for grade 4 while continuing to receive remediation in the subject area of reading.

      7.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 80. NRS 392.770 is hereby amended to read as follows:

      392.770  In addition to the intensive instructional services provided to a pupil who is retained in grade 3 pursuant to NRS 392.760, the principal of the school must offer the parent or legal guardian of the pupil at least one of the following instructional options:

      1.  Supplemental tutoring which is based upon [scientifically based] evidence-based research concerning reading instruction;

      2.  Providing the parent or legal guardian with a plan for reading with the pupil at home and participating in any workshops that may be available in the school district to assist the parent or legal guardian with reading with his or her child at home, as set forth in an agreement with the parent or legal guardian; or

      3.  Providing the pupil with a mentor or tutor who has received specialized training in teaching pupils how to read.

      Sec. 81. Section 1 of the Zoom Schools Act, being chapter 335, Statutes of Nevada 2015, at page 1870, is hereby amended to read as follows:

       Section 1.  1.  The Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall identify the elementary schools within the School District to operate as Zoom elementary schools based upon which elementary schools within the School District:

       (a) Have the highest percentage of pupils who are limited English proficient or eligible for designation as limited English proficient; and

       (b) Are the lowest performing academically.

       2.  The Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall distribute the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 for each Zoom elementary school of those school districts to:

       (a) Provide prekindergarten programs free of charge;

       (b) Expand full-day kindergarten classes;

       (c) Operate reading skills centers;

 

 


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       (d) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

       (e) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for children who are limited English proficient;

       (f) Offer recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12; and

       (g) Engage and involve parents and families of children who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children.

       3.  A Zoom elementary school that receives money pursuant to subsection 2 shall offer each of the programs and services prescribed in paragraphs (a) to (g), inclusive, of that subsection so that the Zoom elementary school may offer a comprehensive package of programs and services for pupils who are limited English proficient. A Zoom elementary school shall not use the money for any other purpose or use more than 2 percent of the money for the purposes described in paragraphs (e), (f) and (g) of subsection 2.

       4.  A reading skills center operated by a Zoom elementary school must provide:

       (a) Support at the Zoom elementary school in the assessment of reading and literacy problems and language acquisition barriers for pupils; and

       (b) Instructional intervention to enable pupils to overcome such problems and barriers by the completion of grade 3.

       5.  The Board of Trustees of the Clark County School District shall identify at least three middle schools, junior high schools or high schools within the school district to operate as Zoom middle schools, junior high schools or high schools. The Board of Trustees of the Washoe County School District shall identify at least one middle school, junior high school or high school within the school district to operate as a Zoom middle school, junior high school or high school. Each such board of trustees shall identify those schools based upon which middle schools, junior high schools and high schools within the school district:

       (a) Have the highest percentage of pupils who are limited English proficient; and

       (b) Are the lowest performing academically.

       6.  The Clark County School District and the Washoe County School District shall distribute the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for each Zoom middle school, junior high school and high school of those school districts to carry out one or more of the following:

 


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       (a) Reduce class sizes for pupils who are limited English proficient and provide English language literacy based classes;

       (b) Provide direct instructional intervention to each pupil who is limited English proficient using the data available from applicable assessments of that pupil;

       (c) Provide for an extended school day;

       (d) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

       (e) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are limited English proficient;

       (f) Offer recruitment and retention incentives for teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

       (g) Engage and involve parents and families of pupils who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils; and

       (h) Provide other evidence-based programs and services that are approved by the Department of Education and that are designed to meet the specific needs of pupils enrolled in the school who are limited English proficient.

Ê The Clark County School District and the Washoe County School District shall not use more than 2 percent of the money for the purposes described in paragraphs (e), (f) and (g).

       7.  On or before August 1, 2015, the Clark County School District and the Washoe County School District shall each provide a report to the Department of Education which includes the:

       (a) Zoom elementary schools identified by the School District pursuant to subsection 1 and the plan of each such school for carrying out the programs and services prescribed by paragraphs (a) to (g), inclusive, of subsection 2; and

       (b) Zoom middle schools, junior high schools and high schools identified by the School District pursuant to subsection 5 and the plan of each school for carrying out the programs and services described in paragraphs (a) to (h), inclusive, of subsection 6.

       8.  From the money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools or charter schools or school districts other than the Clark County School District or Washoe County School District, the Department of Education shall provide grants of money to the sponsors of such charter schools and the school districts. The sponsor of such a charter school and the board of trustees of such a school district may submit an application to the Department on a form prescribed by the Department that includes, without limitation:

       (a) The number of pupils in the school district or charter school, as applicable, who are limited English proficient or eligible for designation as limited English proficient; and

 


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       (b) A description of the programs and services the school district or charter school, as applicable, will provide with a grant of money, which may include, without limitation:

             (1) The creation or expansion of high-quality, developmentally appropriate prekindergarten programs, free of charge, that will increase enrollment of children who are limited English proficient;

             (2) The acquisition and implementation of empirically proven assessment tools to determine the reading level of pupils who are limited English proficient and technology-based tools, such as software, designed to support the learning of pupils who are limited English proficient;

             (3) Professional development for teachers and other educational personnel regarding effective instructional practices and strategies for children who are limited English proficient;

             (4) The provision of programs and services for pupils who are limited English proficient, free of charge, before and after school, during the summer or intersession for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

             (5) Engaging and involving parents and families of children who are limited English proficient, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children;

             (6) Offering recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12; and

             (7) Provide other evidence-based programs and services that are approved by the Department and that are designed to meet the specific needs of pupils enrolled in the school who are limited English proficient.

       9.  The Department of Education shall award grants of money to school districts and the sponsors of charter schools that submit applications pursuant to subsection 8 based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are limited English proficient or eligible for designation as limited English proficient, and not on a competitive basis.

       10.  A school district and a sponsor of a charter school that receives a grant of money pursuant to subsection 8:

       (a) Shall not use more than 2 percent of the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8.

       (b) Shall provide a report to the Department in the form prescribed by the Department with the information required for the Department’s report pursuant to subsection 15.

       11.  On or before August 17, 2015, the Department of Education shall submit a report to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee which includes:

 


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of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee which includes:

       (a) The information reported by the Clark County School District and the Washoe County School District pursuant to subsection 7; and

       (b) The school districts and charter schools for which a grant of money is approved pursuant to subsection 9 and the plan of each such school district and charter school for carrying out programs and services with the grant money, including, without limitation, any programs and services described in subparagraphs (1) to (7), inclusive, of paragraph (b) of subsection 8.

       12.  The State Board of Education shall prescribe:

       (a) A list of recruitment and retention incentives for the school districts and the sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel pursuant to paragraph (f) of subsection 2, paragraph (f) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8; and

       (b) Criteria and procedures to notify a school district or a charter school that receives money pursuant to this section if the school district or charter school is not implementing the programs and services for which the money was received in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board pursuant to subsection 13, including, without limitation, a plan of corrective action for the school district or charter school to follow to meet the requirements of this section or the performance levels.

       13.  The State Board of Education shall prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which money is received by the school districts and charter schools pursuant to this section. The performance levels must establish minimum expected levels of performance on a yearly basis based upon the performance results of children who participate in the programs and services. The outcome indicators must be designed to track short-term and long-term impacts on the progress of children who participate in the programs and services, including, without limitation:

       (a) The number of children who participated;

       (b) The extent to which the children who participated improved their English language proficiency and literacy levels compared to other children who are limited English proficient or eligible for such a designation who did not participate in the programs and services; and

       (c) To the extent that a valid comparison may be established, a comparison of the academic achievement and growth in the subject areas of English language arts and mathematics of children who participated in the programs and services to other children who are limited English proficient or eligible for such a designation who did not participate in the programs and services.

       14.  The Department of Education shall contract for an independent evaluation of the effectiveness of the programs and services offered by each Zoom elementary school pursuant to subsection 2, each Zoom middle school, junior high school and high school pursuant to subsection 6 and the programs and services offered by the other school districts and the charter schools pursuant to subsection 8.

 


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school pursuant to subsection 6 and the programs and services offered by the other school districts and the charter schools pursuant to subsection 8.

       15.  The Clark County School District, the Washoe County School District and the Department of Education shall each prepare an annual report that includes, without limitation:

       (a) An identification of the schools that received money from the School District or a grant of money from the Department, as applicable.

       (b) How much money each such school received.

       (c) A description of the programs or services for which the money was used by each such school.

       (d) The number of children who participated in a program or received services.

       (e) The average per-child expenditure per program or service that was funded.

       (f) For the report prepared by the School Districts, an evaluation of the effectiveness of such programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in the programs or received services.

       (g) Any recommendations for legislation, including, without limitation:

             (1) For the continuation or expansion of programs and services that are identified as effective in improving the academic and linguistic achievement and proficiency of children who are limited English proficient.

             (2) A plan for transitioning the funding for providing the programs and services set forth in this section to pupils who are limited English proficient from categorical funding to a weighted per pupil formula within the Nevada Plan.

       (h) For the report prepared by the Department, in addition to the information reported for paragraphs (a) to (e), inclusive, and paragraph (g):

             (1) The results of the independent evaluation required by subsection 14 of the effectiveness of the programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in a program or received a service;

             (2) Whether a school district or charter school was notified that it was not implementing the programs and services for which it received money pursuant to this section in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board of Education pursuant to subsection 13 and the status of such a school district or charter school, if any, in complying with a plan for corrective action; and

             (3) Whether each school district or charter school that received money pursuant to this section met the performance levels prescribed by the State Board of Education pursuant to subsection 13.

 


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       16.  The annual report prepared by the Clark County School District and the Washoe County School District pursuant to subsection 15 must be submitted to the Department of Education on or before June 1, 2016, and January 16, 2017, respectively. The Department shall submit the information reported by those school districts and the information prepared by the Department pursuant to subsection 15:

       (a) On or before June 15, 2016, to the State Board of Education and the Legislative Committee on Education.

       (b) On or before February 1, 2017, to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

       17.  The Department of Education may require a Zoom school or other public school that receives money pursuant to this section to provide a report to the Department on:

       (a) The number of vacancies, if any, in full-time licensed educational personnel at the school;

       (b) The number of probationary employees, if any, employed at the school;

       (c) The number, if any, of persons who are employed at the school as substitute teachers for 20 consecutive days or more in the same classroom or assignment and designated as long-term substitute teachers; and

       (d) Any other information relating to the personnel at the school as requested by the Department.

       18.  The money appropriated by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools:

       (a) Must be accounted for separately from any other money received by school districts or charter schools of this State and used only for the purposes specified in this section.

       (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

       (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

       19.  Upon request of the Legislative Commission, the Clark County School District and the Washoe County School District shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money distributed by the 2015 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools.

       20.  As used in this section:

       (a) “Limited English proficient” has the meaning ascribed to it in [NRS 385.007.] 20 U.S.C. § 7801(25), as that section existed on July 1, 2015.

       (b) “Probationary employee” has the meaning ascribed to it in NRS 391.650.

 


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      Sec. 82. Section 2 of the Victory Schools Act, being chapter 389, Statutes of Nevada 2015, at page 2199, is hereby amended to read as follows:

       Sec. 2.  1.  The Department of Education shall designate a public school as a Victory school if, relative to other public schools, including charter schools, that are located in the school district in which the school is also located:

       (a) A high percentage of pupils enrolled in the school live in households that have household incomes that are less than the federally designated level signifying poverty, based on the most recent data compiled by the Bureau of the Census of the United States Department of Commerce; and

       (b) The school received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, for the immediately preceding school year.

       2.  The Department shall designate each Victory school for the 2015-2016 Fiscal Year on or before June 1, 2015.

       3.  The Department shall transfer money from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to each school district in which a Victory school is designated and each sponsor of a charter school that is designated as a Victory school on a per pupil basis. The amount distributed per pupil must be determined by dividing the amount of money appropriated to the Account by the 2015 Legislature for Victory schools by the total number of pupils who are enrolled in Victory schools statewide. After receiving money from the Account pursuant to this subsection:

       (a) A school district shall distribute the money to each Victory school in the school district on a per pupil basis.

       (b) A sponsor of a charter school shall distribute the money to each Victory school that it sponsors on a per pupil basis.

       4.  The board of trustees of each school district in which a Victory school is located and the governing body of each charter school that is designated as a Victory school shall, as soon as practicable after the school is designated as a Victory school, conduct an assessment of the needs of pupils that attend the school. The assessment must include soliciting input from the community served by the Victory school and identify any barriers to improving pupil achievement and school performance and strategies to meet the needs of pupils at the school.

       5.  Except as otherwise provided in subsection 7, on or before August 15, 2015, the board of trustees of each school district in which a Victory school is designated for the 2015-2016 Fiscal Year and the governing body of each charter school that is designated as a Victory school for the 2015-2016 Fiscal Year shall submit to the Department a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school. The board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall select at least one person who is familiar with the public schools in the school district or with the charter school, respectively, to assist with the development of the plan. The plan must:

 


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       (a) Include appropriate means to determine the effectiveness of the plan;

       (b) Be based on the assessment of the needs of the pupils who attend the school conducted pursuant to subsection 4;

       (c) Analyze available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and other pupil achievement data collected and maintained by the school district or charter school;

       (d) Include a description of the criteria used to select entities to provide programs and services to pupils enrolled in the Victory school;

       (e) Include a description of the manner in which the school district or governing body will collaborate with selected entities so that academic programs and services and nonacademic programs and services, including, without limitation, transportation services, may be offered without charge to support pupils and their families within the region in which the school is located;

       (f) Take into account the number and types of pupils who attend the school and the locations where such pupils reside;

       (g) Provide for the coordination of the existing or planned engagement of other persons who provide services in the region in which the school is located;

       (h) Coordinate all funding available to each school that is subject to the plan;

       (i) Provide for the coordination of all available resources to each school that is subject to the plan, including, without limitation, instructional materials and textbooks;

       (j) Identify, for each school or group of schools subject to the plan, which of the measures described in subsection 8 will be implemented; and

       (k) Identify the person or persons selected pursuant to this subsection who assisted with the development of the plan.

       6.  The Department shall review each plan submitted pursuant to subsection 5 to determine whether, or the extent to which, the plan complies with the requirements of this section and either approve or request revisions to the plan.

       7.  If the board of trustees of a school district in which a Victory school is designated or the governing body of a charter school that is designated as a Victory school does not submit a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school on or before August 15, 2015, as required pursuant to subsection 5, the board of trustees of the school district or the governing body of the charter school, as applicable, may submit to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school. The letter must include, without limitation:

       (a) An initial assessment of the needs of the pupils who attend the school which is conducted pursuant to subsection 4;

       (b) An analysis of available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and data collected and maintained by the school district or charter school; and

 


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and maintained in the statewide system of accountability for public schools and data collected and maintained by the school district or charter school; and

       (c) A summary of activities that the board of trustees or governing body, as applicable, will take to ensure completion of the comprehensive plan required pursuant to subsection 5 by not later than September 15, 2015.

       8.  A Victory school shall use the majority of the money distributed pursuant to subsection 3 to provide one or more of the following:

       (a) A prekindergarten program free of charge, if such a program is not paid for by another grant.

       (b) An expansion of full-day kindergarten classes, if such classes have not otherwise been paid for through legislative appropriation.

       (c) A summer academy or other instruction for pupils free of charge at times during the year when school is not in session.

       (d) Additional instruction or other learning opportunities free of charge at times of day when school is not in session.

       (e) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of pupils similar to those served by the school.

       (f) Incentives for hiring and retaining teachers and other licensed educational personnel who provide any of the programs or services set forth in this subsection from the list prescribed by the State Board of Education pursuant to subsection 14.

       (g) Employment of paraprofessionals, other educational personnel and other persons who provide any of the programs or services set forth in this subsection.

       (h) Reading skills centers.

       9.  A Victory school may use any money distributed pursuant to subsection 3 that is not used for the purposes described in subsection 8 to:

       (a) Provide evidence-based social, psychological or health care services to pupils and their families, including, without limitation, wrap-around services;

       (b) Provide programs and services designed to engage parents and families;

       (c) Provide programs to improve school climate and culture;

       (d) Provide evidence-based programs and services specifically designed to meet the needs of pupils who attend the school, as determined using the assessment conducted pursuant to subsection 4; or

       (e) Any combination thereof.

       10.  A Victory school shall not use any money distributed pursuant to subsection 3 for a purpose not described in subsection 8 or 9.

       11.  Any programs offered at a Victory school pursuant to subsection 8 or 9 must:

       (a) Be designed to meet the needs of pupils at the school, as determined using the assessment conducted pursuant to subsection 4 and to improve pupil achievement and school performance, as determined using the measures prescribed by the State Board of Education; and

 


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and to improve pupil achievement and school performance, as determined using the measures prescribed by the State Board of Education; and

       (b) Be based on scientific research concerning effective practices to increase the achievement of pupils who live in poverty.

       12.  Each plan to improve the achievement of pupils enrolled in a Victory school that is prepared by the principal of the school pursuant to NRS 385A.650 must describe how the school will use the money distributed pursuant to subsection 3 to meet the needs of pupils who attend the school, as determined using the assessment described in subsection 4 and the requirements of this section.

       13.  The Department shall contract with an independent evaluator to evaluate the effectiveness of programs and services provided pursuant to this section. The evaluation must include, without limitation, consideration of the achievement of pupils who have participated in such programs and received such services. When complete, the evaluation must be provided contemporaneously to the Department and the Legislative Committee on Education.

       14.  The State Board of Education shall prescribe a list of recruitment and retention incentives that are available to the school districts and sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel.

       15.  The State Board shall require a Victory school to take corrective action if pupil achievement and school performance at the school are unsatisfactory, as determined by the State Board. If unsatisfactory pupil achievement and school performance continue, the State Board may direct the Department to withhold any additional money that would otherwise be distributed pursuant to this section.

       16.  On or before November 30, 2016, and November 30, 2017, the board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall submit to the Department and to the Legislative Committee on Education a report, which must include, without limitation:

       (a) An identification of schools to which money was distributed pursuant to subsection 3 for the previous fiscal year;

       (b) The amount of money distributed to each such school;

       (c) A description of the programs or services for which the money was used;

       (d) The number of pupils who participated in such programs or received such services;

       (e) The average expenditure per pupil for each program or service that was funded; and

       (f) Recommendations concerning the manner in which the average expenditure per pupil reported pursuant to paragraph (e) may be used to determine formulas for allocating money from the State Distributive School Account in the State General Fund.

       17.  The Legislative Committee on Education shall consider the evaluations of the independent evaluator received pursuant to subsection 13 and the reports received pursuant to subsection 16 and advise the State Board regarding any action the Committee determines appropriate for the State Board to take based upon that information.

 


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subsection 13 and the reports received pursuant to subsection 16 and advise the State Board regarding any action the Committee determines appropriate for the State Board to take based upon that information. The Committee shall also make any recommendations it deems appropriate concerning Victory schools to the next regular session of the Legislature which may include, without limitation, recommendations for legislation.

       18.  The money distributed pursuant to subsection 3:

       (a) Must be accounted for separately from any other money received by Victory schools and used only for the purposes specified in this section;

       (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and

       (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

       19.  Upon request of the Legislative Commission, a Victory school to which money is distributed pursuant to subsection 3 shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of such money.

       20.  As used in this section:

       (a) “Community” includes any person or governmental entity who resides or has a significant presence in the geographic area in which a school is located or who interacts with pupils and personnel at a school, and may include, without limitation, parents, businesses, nonprofit organizations, faith-based organizations, community groups, teachers, administrators and governmental entities.

       (b) “Evidence-based programs and services” means practices, interventions and services that have been proven, through scientifically based research, as defined in 20 U.S.C. § 7801(37), as that section existed on June 8, 2015, to be effective in improving outcomes for pupils when implemented with fidelity.

       (c) “Victory school” means a school that is so designated by the Department pursuant to subsection 1.

       (d) “Wrap-around services” means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.

      Sec. 83. NRS 385A.660 is hereby repealed.

      Sec. 84.  1.  This section and sections 1 to 77, inclusive, 81, 82 and 83 of this act become effective on July 1, 2017.

      2.  Sections 28 and 29 of this act expire by limitation on June 30, 2019.

      3.  Sections 78, 79 and 80 of this act become effective on July 1, 2019.

________

 


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CHAPTER 502, AB 21

Assembly Bill No. 21–Committee on Legislative Operations and Elections

 

CHAPTER 502

 

[Approved: June 9, 2017]

 

AN ACT relating to elections; providing certain remedies and penalties in a preelection challenge to the qualifications of a candidate; revising the forms for declarations of candidacy, acceptances of candidacy and declarations of residency; allowing certain proofs of identity and residency when filing for candidacy; clarifying the deadlines for filing written challenges of the qualifications of candidates and determining if probable cause exists to support such challenges; requiring, under certain circumstances, that a candidate, committee for political action, committee sponsored by a political party and committee for the recall of a public officer open and maintain a separate account in certain financial institutions; making changes to the definition of “actual residence” for purposes of candidacy; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, several different statutes provide that if a court finds that a candidate fails to meet certain qualifications required for office: (1) the candidate is disqualified from taking office; and (2) the name of the candidate must not appear on the ballot, except that if the candidate’s name cannot be removed from the ballot because the statutory deadline for changing the ballot has passed, a sign must be posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office. (NRS 293.177, 293.182, 293C.185, 293C.186) Existing law also sets forth the same remedies if a candidate files a declaration or acceptance of candidacy which contains a false statement. (NRS 293.184, 293C.1865) Finally, under existing law, there are different types of preelection court actions that may be brought to challenge a candidate on grounds that the candidate fails to meet any qualification required for office. (NRS 281.050, 293.182, 293C.186; DeStefano v. Berkus, 121 Nev. 627, 628-31 (2005); Child v. Lomax, 124 Nev. 600, 604-05 (2008))

      To ensure consistency in this existing law, this bill revises and clarifies the remedies that are available when a candidate fails to meet any qualification required for office or files a declaration or acceptance of candidacy which contains a false statement. Sections 1.3, 3 and 5-7.5 of this bill reorganize existing law so that the remedies available in preelection court actions are set forth clearly in section 1.3, which provides that in any preelection action where the court finds that a candidate fails to meet any qualification required for office: (1) the candidate is disqualified from taking office; and (2) the name of the candidate must not appear on the ballot, except that if the candidate’s name cannot be removed from the ballot because the statutory deadline for changing the ballot has passed, a sign must be posted at each polling place where the candidate’s name will appear on the ballot informing voters that the candidate is disqualified from taking office.

      Under existing constitutional law, Section 6 of Article 4 of the Nevada Constitution invests each House of the Legislature with certain plenary and exclusive constitutional powers which may be exercised only by that House and which cannot be usurped, infringed or impaired by the other House or by any other branch of Nevada’s State Government. (Heller v. Legislature, 120 Nev. 456 (2004); Commission on Ethics v. Hardy, 125 Nev. 285 (2009); Mason’s Manual of Legislative Procedure §§ 560-564 (2010)) To provide assistance to the reader of the statutes who may be unfamiliar with the existing constitutional law, section 1.7 of this bill reiterates well-established principles of constitutional law that any statutes relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution.

 


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statutes who may be unfamiliar with the existing constitutional law, section 1.7 of this bill reiterates well-established principles of constitutional law that any statutes relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution.

      Existing law: (1) requires a candidate to file a declaration or acceptance of candidacy before his or her name may appear on a ballot; and (2) provides that a candidate who knowingly and willfully files a declaration or acceptance of candidacy which contains a false statement regarding residency is guilty of a gross misdemeanor. (NRS 293.1755, 293.177, 293C.185, 293C.200) Existing law also requires a candidate for election to the Legislature to file a declaration of residency with his or her declaration or acceptance of candidacy. (NRS 293.181) To ensure consistency in this existing law, sections 2-4, 6 and 8 of this bill use uniform language to provide that a candidate who knowingly and willfully files a declaration of candidacy, acceptance of candidacy or declaration of residency which contains a false statement is guilty of a gross misdemeanor.

      Existing law specifies the forms for a declaration or acceptance of candidacy and a declaration of residency and requires certain information to be included on the forms. Existing law also requires a candidate to present the filing officer with one type of acceptable identification or documentation as proof of the candidate’s identity and residency when the candidate files a declaration or acceptance of candidacy. (NRS 293.177, 293.181, 293C.185)

      Sections 3, 4 and 6 revise the forms for a declaration or acceptance of candidacy and a declaration of residency to include a statement that the candidate understands that knowingly and willfully filing such a document which contains a false statement is a crime punishable as a gross misdemeanor and also subjects the candidate to a civil action disqualifying the candidate from taking office. Sections 3 and 6 also revise the provisions which require the candidate to present the filing officer with certain types of acceptable identification and documentation as proof of the candidate’s identity and residency. Specifically, in certain limited circumstances, sections 3 and 6 allow the candidate to present the filing officer with alternative proof of the candidate’s residency when a street address has not been assigned to the candidate’s residence or when the rural or remote location of the candidate’s residence makes it impracticable to present any of the traditional types of documentation as proof of residency.

      Existing law establishes deadlines for filing certain written challenges to the qualifications of candidates and for determining whether probable cause exists to support such challenges, but the deadlines are not consistent. (NRS 293.182, 293C.186) Sections 5 and 7 remedy the inconsistencies in the deadlines to make the deadlines uniform for all such challenges.

      Existing law defines the term “actual residence” to mean the place where a candidate is legally domiciled and maintains a permanent habitation, and when a candidate maintains more than one place of permanent habitation, the place designated by the candidate as his or her principal permanent habitation is deemed

to be the candidate’s actual residence. (NRS 281.050) The Nevada Supreme Court has held that the place designated by the candidate as his or her principal permanent habitation must be the place where the candidate actually resides and is legally domiciled in order for the candidate to be eligible to the office. (Williams v. Clark County Dist. Att’y, 118 Nev. 473, 484-86 (2002); Chachas v. Miller, 120 Nev. 51, 53-56 (2004)) Section 10 of this bill amends existing statutory law to reflect the holdings from the Supreme Court and also to adopt and codify the legal principles from its cases that are used for determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled.

      Existing law requires a candidate to open and maintain a separate account in a financial institution for the deposit of campaign contributions once the candidate receives minimum contributions of $100. (NRS 294A.130) Section 9 of this bill requires that the separate account be in a financial institution located in the United States. Section 9 also requires every committee for political action, committee sponsored by a political party and committee for the recall of a public officer that receives minimum contributions the sum of which, in the aggregate, is $1,000 or more, to open a separate account in a financial institution located in the United States.

 


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sponsored by a political party and committee for the recall of a public officer that receives minimum contributions the sum of which, in the aggregate, is $1,000 or more, to open a separate account in a financial institution located in the United States. Section 11 of this bill provides that every candidate, every committee for political action and committee for the recall of a public officer that is registered with the Secretary of State on July 1, 2017, and every committee sponsored by a political party that exists on July 1, 2017, must comply with the requirements of section 9 on or before June 30, 2018.

 

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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.5 and 1.7 of this act.

      Sec. 1.3. 1.  In addition to any other remedy or penalty provided by law, but except as otherwise provided in section 1.7 of this act, if a court of competent jurisdiction finds in any preelection action that a person who is a candidate for any office fails to meet any qualification required for the office pursuant to the Constitution or laws of this State:

      (a) The name of the person must not appear on any ballot for the election for which the person filed a declaration of candidacy or acceptance of candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which the person filed a declaration of candidacy or acceptance of candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section apply to any preelection action brought to challenge a person who is a candidate for any office on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or laws of this State, including, without limitation, any action brought pursuant to NRS 281.050, 293.182 or 293C.186 or any action brought for:

      (a) Declaratory or injunctive relief pursuant to chapter 30 or 33 of NRS;

      (b) Writ relief pursuant to chapter 34 of NRS; or

      (c) Any other legal or equitable relief.

      Sec. 1.5.  (Deleted by amendment.)

      Sec. 1.7. 1.  The provisions of this chapter or any other provision of law relating to the qualifications, elections and returns of members or members-elect of the Legislature do not apply to the extent that they conflict or are otherwise inconsistent with any provision of Section 6 of Article 4 of the Nevada Constitution, including, without limitation, any provision relating to the jurisdiction and power of each House of the Legislature to judge of the qualifications, elections and returns of its members, punish its members for disorderly conduct or expel or remove its members from office.

 


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Legislature to judge of the qualifications, elections and returns of its members, punish its members for disorderly conduct or expel or remove its members from office.

      2.  Each House of the Legislature has plenary and exclusive jurisdiction and power concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution, and a member or member-elect of the Legislature cannot be disqualified from entering upon, taking, holding or exercising any powers or duties of the office unless disqualified by his or her own House.

      3.  A person becomes a member-elect of the Legislature on the day next after his or her election pursuant to Sections 3 and 4 of Article 4 of the Nevada Constitution and, on and after that date:

      (a) Each House of the Legislature has plenary and exclusive jurisdiction and power with regard to the member-elect concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution; and

      (b) No action may be brought or maintained against the member-elect or the House concerning any matter relating to any provision of Section 6 of Article 4 of the Nevada Constitution.

      4.  If there is a conflict between any other provision of law and the provisions of this section, the provisions of this section control.

      Sec. 2. NRS 293.1755 is hereby amended to read as follows:

      293.1755  1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy or acceptances of candidacy for the office which the person seeks, the person has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or will represent.

      2.  Any person who knowingly and willfully files [an acceptance of candidacy or] a declaration of candidacy or acceptance of candidacy which contains a false statement [in this respect] regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.

      3.  The provisions of this section do not apply to candidates for [the] :

      (a) Any federal office.

      (b) The office of district attorney.

      Sec. 3. NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165 [,] and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy or an acceptance of candidacy, and has paid the fee required by NRS 293.193 not earlier than:

      (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held [nor] and not later than 5 p.m. on the second Friday after the first Monday in January; and

      (b) For all other candidates, the first Monday in March of the year in which the election is to be held [nor] and not later than 5 p.m. on the second Friday after the first Monday in March.

      2.  A declaration of candidacy or an acceptance of candidacy required to be filed by this section must be in substantially the following form:

 


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ê2017 Statutes of Nevada, Page 3297 (Chapter 502, AB 21)ê

 

      (a) For partisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                   .........................................................................

                                                                     (Designation of name)

 

                                                   .........................................................................

                                                           (Signature of candidate for office)

 


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ê2017 Statutes of Nevada, Page 3298 (Chapter 502, AB 21)ê

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                    

       Notary Public or other person

    authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                   .........................................................................

                                                                   (Designation of name)

 

                                                   .........................................................................

                                                         (Signature of candidate for office)

 


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ê2017 Statutes of Nevada, Page 3299 (Chapter 502, AB 21)ê

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                          

           Notary Public or other person

        authorized to administer an oath

 

      3.  The address of a candidate which must be included in the declaration of candidacy or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address [is listed] as a post office box unless a street address has not been assigned to his or her residence; [or] and

      (b) [The] Except as otherwise provided in subsection 4, the candidate [does not] shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to [paragraph (b) of] subsection 3 [.] or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number , [or] driver’s license or identification card number or account number of the candidate.

      [5.]6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy.

 


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the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

      [6.]7.  If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the filing officer:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

      [7.]8.  The receipt of information by the Attorney General or district attorney pursuant to subsection [6] 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 [. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      8.]to which the provisions of section 1.3 of this act apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 4. NRS 293.181 is hereby amended to read as follows:

      293.181  1.  A candidate for the office of State Senator, Assemblyman or Assemblywoman must execute and file with his or her declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:

 

I, the undersigned, do swear or affirm under penalty of perjury that I have been a citizen resident of this State as required by NRS 218A.200 ; that I understand that knowingly and willfully filing a declaration of residency which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I have actually, as opposed to constructively, resided at the following residence or residences since November 1 of the preceding year:

 

                                                               .............................................................

Street Address                                        Street Address

                                                               .............................................................

City or Town                                          City or Town

                                                               .............................................................

State                                                        State

 


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ê2017 Statutes of Nevada, Page 3301 (Chapter 502, AB 21)ê

 

From.................     To................             From...............     To........................

Dates of Residency                              Dates of Residency

 

                                                               .............................................................

Street Address                                        Street Address

                                                               .............................................................

City or Town                                          City or Town

                                                               .............................................................

State                                                        State

 

From.................     To................             From...............     To........................

Dates of Residency                              Dates of Residency

(Attach additional sheet or sheets of residences as necessary)

 

      2.  Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where the candidate actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate’s addresses are listed as a post office box unless a street address has not been assigned to the residence.

      3.  Any person who knowingly and willfully files a declaration of residency which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 5. NRS 293.182 is hereby amended to read as follows:

      293.182  1.  After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or [a statute] laws of this State . [, including, without limitation, a requirement concerning age or residency.] Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged . [person.]

      2.  A challenge filed pursuant to subsection 1 must:

      (a) Indicate each qualification the person fails to meet;

      (b) Have attached all documentation and evidence supporting the challenge; and

      (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

      3.  Upon receipt of a challenge pursuant to subsection 1:

      (a) The Secretary of State shall immediately transmit the challenge to the Attorney General.

      (b) A filing officer other than the Secretary of State shall immediately transmit the challenge to the district attorney.

      4.  If the Attorney General or district attorney determines that probable cause exists to support the challenge, the Attorney General or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court.

 


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petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or [a statute] laws of this State, or if the person fails to appear at the hearing [:

      (a) The name of the person must not appear on any ballot for the election for the office for which the person filed the declaration of candidacy or acceptance of candidacy; and

      (b) The] , the person is [disqualified from entering upon the duties of the office for which he or she filed the declaration of candidacy or acceptance of candidacy.] subject to the provisions of section 1.3 of this act.

      6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged . [person.]

      Sec. 5.5. NRS 293.184 is hereby amended to read as follows:

      293.184  1.  In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy [knowing that the declaration of candidacy or acceptance of candidacy] which contains a false statement:

      (a) [Except as otherwise provided in NRS 293.165 and 293.166, the] The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy or acceptance of candidacy [;] , except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which [he or she was a candidate.] the person filed the declaration of candidacy or acceptance of candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the ballot has passed, the [Secretary of State and county clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section may be enforced in any preelection action to which the provisions of section 1.3 of this act apply.

      Sec. 6. NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS 293C.115 and 293C.190, a name may not be printed on a ballot to be used at a primary city election unless the person named has filed a declaration of candidacy or an acceptance of candidacy and has paid the fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

 


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ê2017 Statutes of Nevada, Page 3303 (Chapter 502, AB 21)ê

 

      2.  A declaration of candidacy required to be filed by this section must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of......................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

                                                   .........................................................................

                                                                     (Designation of name)

 

                                                   .........................................................................

                                                           (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                      

         Notary Public or other person

      authorized to administer an oath

 


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ê2017 Statutes of Nevada, Page 3304 (Chapter 502, AB 21)ê

 

      3.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if [:] the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address [is listed] as a post office box unless a street address has not been assigned to the residence; [or] and

      (b) [The] Except as otherwise provided in subsection 4, the candidate [does not] shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to [paragraph (b) of] subsection 3 [.] or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number , [or] driver’s license or identification card number or account number of the candidate.

      [5.]6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

 


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ê2017 Statutes of Nevada, Page 3305 (Chapter 502, AB 21)ê

 

unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

      [6.]7.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      [7.]8.  The receipt of information by the city attorney pursuant to subsection [6] 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 [. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      8.]to which the provisions of section 1.3 of this act apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 7. NRS 293C.186 is hereby amended to read as follows:

      293C.186  1.  After a person files a declaration of candidacy or an acceptance of candidacy to be a candidate for an office, and not later than 5 [working] days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the constitution or [a statute] laws of this State . [, including, without limitation, a requirement concerning age or residency.] Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged . [person.]

      2.  A challenge filed pursuant to subsection 1 must:

      (a) Indicate each qualification the person fails to meet;

      (b) Have attached all documentation and evidence supporting the challenge; and

      (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

      3.  Upon receipt of a challenge pursuant to subsection 1, the city clerk shall immediately transmit the challenge to the city attorney.

      4.  If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid.

 


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shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the constitution or [a statute] laws of this State, or if the person fails to appear at the hearing [:

      (a) The name of the person must not appear on any ballot for the election for the office for which the person filed the declaration of candidacy or acceptance of candidacy; and

      (b) The] , the person is [disqualified from entering upon the duties of the office for which he or she filed the declaration of candidacy or acceptance of candidacy.] subject to the provisions of section 1.3 of this act.

      6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged . [person.]

      Sec. 7.5. NRS 293C.1865 is hereby amended to read as follows:

      293C.1865  1.  In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy or acceptance of candidacy [knowing that the declaration of candidacy or acceptance of candidacy] which contains a false statement:

      (a) [Except as otherwise provided in NRS 293.165 or 293.166, the] The name of the person must not appear on any ballot for the election for which the person filed the declaration of candidacy or acceptance of candidacy [;] , except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which [he or she was a candidate.] the person filed the declaration of candidacy or acceptance of candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election [is disqualified] because the statutory deadline [set forth in NRS 293.165 and 293.166] for making changes to the ballot has passed, the [Secretary of State and city clerk must] appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section may be enforced in any preelection action to which the provisions of section 1.3 of this act apply.

      Sec. 8. NRS 293C.200 is hereby amended to read as follows:

      293C.200  1.  In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations or acceptances of candidacy for the office that the person seeks, the person has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or which he or she will represent.

 


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      2.  Any person who knowingly and willfully files a declaration of candidacy or [an] acceptance of candidacy [that] which contains a false statement [in this respect] regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.

      Sec. 9. NRS 294A.130 is hereby amended to read as follows:

      294A.130  1.  Every candidate shall, not later than 1 week after receiving minimum contributions of $100, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. The candidate shall not commingle the money in the account with money collected for other purposes.

      2.  The candidate may close the separate account if the candidate:

      (a) Was a candidate in a special election, after that election;

      (b) Lost in the primary election, after the primary election; or

      (c) Won the primary election, after the general election,

Ê and as soon as all payments of money committed have been made.

      3.  Every committee for political action, committee sponsored by a political party and committee for the recall of a public officer shall, not later than 1 week after receiving contributions the sum of which, in the aggregate, is $1,000 or more, open and maintain a separate account in a financial institution located in the United States for the deposit of any contributions received. The committee for political action, committee sponsored by a political party or committee for the recall of a public officer shall not commingle the money in the account with money collected for other purposes.

      Sec. 10. NRS 281.050 is hereby amended to read as follows:

      281.050  1.  The residence of a person with reference to his or her eligibility to any office is the person’s actual residence within the State , [or] county , [or] district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person. [If]

      2.  Except as otherwise provided in subsections 3 and 4, if any person absents himself or herself from the jurisdiction of that person’s actual residence with the intention in good faith to return without delay and continue such actual residence, the period of absence must not be considered in determining the question of residence.

      [2.]3.  If a person who has filed [as a candidate] a declaration of candidacy or acceptance of candidacy for any elective office moves the person’s actual residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law [for which the person is a candidate and] , as the case may be, in which the person is required actually, as opposed to constructively, to reside [,] in order for the person to be eligible to the office, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken. [A]

      4.  Once a person’s actual residence is fixed, the person shall be deemed to have moved the person’s actual residence for the purposes of this section if:

      (a) The person has acted affirmatively [to remove] and has actually removed himself or herself from [one place; and] the place of permanent habitation where the person actually resided and was legally domiciled;

      (b) The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled; and

 


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ê2017 Statutes of Nevada, Page 3308 (Chapter 502, AB 21)ê

 

      (c) The person has an intention to remain in another place [.

      3.  The] of permanent habitation where the person actually resides and is legally domiciled.

      5.  Except as otherwise provided in this subsection and section 1.7 of this act, the district court has jurisdiction to determine the question of residence in [an] any preelection action for declaratory judgment [.

      4.] brought against a person who has filed a declaration of candidacy or acceptance of candidacy for any elective office. If the question of residence relates to whether an incumbent meets any qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to this section but has jurisdiction to determine the question of residence only in an action to declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section.

      6.  Except as otherwise provided in section 1.7 of this act, if in any preelection action for declaratory judgment, the district court finds that a person who has filed a declaration of candidacy or acceptance of candidacy for any elective office fails to meet any qualification concerning residence required for the office pursuant to the Constitution or laws of this State, the person is subject to the provisions of section 1.3 of this act.

      7.  For the purposes of this section, in determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled:

      (a) It is the public policy of this State to avoid sham residences and to ensure that the person actually, as opposed to constructively, resides in the area prescribed by law for the office so the person has an actual connection with the constituents who reside in the area and has particular knowledge of their concerns.

      (b) The person may have more than one residence but only one legal domicile, and the person’s legal domicile requires both the fact of actual living in the place and the intention to remain there as a permanent residence. If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and does not take up a permanent residence in another place, then the person’s legal domicile has not changed. Once the person’s legal domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change.

      (c) Evidence of the person’s legal domicile includes, without limitation:

             (1) The place where the person lives the majority of the time and the length of time the person has lived in that place.

             (2) The place where the person lives with the person’s spouse or domestic partner, if any.

             (3) The place where the person lives with the person’s children, dependents or relatives, if any.

             (4) The place where the person lives with any other individual whose relationship with the person is substantially similar to a relationship with a spouse, domestic partner, child, dependent or relative.

 


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             (5) The place where the person’s dogs, cats or other pets, if any, live.

             (6) The place listed as the person’s residential address on the voter registration card issued to the person pursuant to NRS 293.517.

             (7) The place listed as the person’s residential address on any driver’s license or identification card issued to the person by the Department of Motor Vehicles, any passport or military identification card issued to the person by the United States or any other form of identification issued to the person by a governmental agency.

             (8) The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, any aircraft, vessels or watercraft, issued to the person by a governmental agency.

             (9) The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.

             (10) The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges or benefits or any tax documents, forms or returns, but excluding the person’s declaration of candidacy or acceptance of candidacy.

             (11) The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or medical benefits or any self-insured employer or third-party administrator.

             (12) The place listed as the person’s residential address on the person’s paycheck, paystub or employment records.

             (13) The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts.

             (14) The place where the person receives mail or deliveries from the United States Postal Service or commercial carriers.

      (d) The evidence listed in paragraph (c) is intended to be illustrative and is not intended to be exhaustive or exclusive. The presence or absence of any particular type of evidence listed in paragraph (c) is not, by itself, determinative of the person’s legal domicile, but such a determination must be based upon all the facts and circumstances of the person’s particular case.

      8.  As used in this section [, “actual] :

      (a) “Actual residence” means the place of permanent habitation where a person actually resides and is legally domiciled . [and maintains a permanent habitation.] If the person maintains more than one [such] place of permanent habitation, the place the person declares to be the person’s principal permanent habitation when filing a declaration of candidacy or [affidavit pursuant to NRS 293.177 or 293C.185 shall be deemed to] acceptance of candidacy for any elective office must be the [person’s actual residence.]

 


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ê2017 Statutes of Nevada, Page 3310 (Chapter 502, AB 21)ê

 

acceptance of candidacy for any elective office must be the [person’s actual residence.] place where the person actually resides and is legally domiciled in order for the person to be eligible to the office.

      (b) “Declaration of candidacy or acceptance of candidacy” means a declaration of candidacy or acceptance of candidacy filed pursuant to chapter 293 or 293C of NRS.

      Sec. 11.  1.  Every person who is a candidate on July 1, 2017, every committee for political action and committee for the recall of a public officer that is registered with the Secretary of State pursuant to NRS 294A.230 or 294A.250, as applicable, on July 1, 2017, and every committee sponsored by a political party that exists on July 1, 2017, shall comply with the requirements of NRS 294A.130, as amended by section 9 of this act, on or before June 30, 2018. If any such candidate or committee does not comply with the requirements of NRS 294A.130, as amended by section 9 of this act, on or before June 30, 2018, the Secretary of State may take action against the candidate or committee pursuant to NRS 294A.410 or 294A.420.

      2.  As soon as practicable after July 1, 2017, the Secretary of State shall notify each committee for political action and committee for the recall of a public officer that is registered with the Secretary of State pursuant to NRS 294A.230 or 294A.250, as applicable, on July 1, 2017, of:

      (a) The requirements of NRS 294A.130, as amended by section 9 of this act; and

      (b) The requirements of subsection 1.

      3.  As used in this section:

      (a) “Candidate” has the meaning ascribed to it in NRS 294A.005.

      (b) “Committee for political action” has the meaning ascribed to it in NRS 294A.0055.

      (c) “Committee for the recall of a public officer” has the meaning ascribed to it in NRS 294A.006.

      (d) “Committee sponsored by a political party” has the meaning ascribed to it in NRS 294A.0065.

      Sec. 12.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

________

 

 

 


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ê2017 Statutes of Nevada, Page 3311ê

 

CHAPTER 503, AB 25

Assembly Bill No. 25–Committee on Corrections, Parole, and Probation

 

CHAPTER 503

 

[Approved: June 9, 2017]

 

AN ACT relating to criminal offenders; revising provisions relating to certain allowable deductions from the period of probation or sentence of a person; authorizing the Governor to grant certain deductions from the period of the sentence of a person under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that a person who is sentenced to serve a period of probation for a felony or gross misdemeanor be allowed for the period of probation a deduction of a certain number of days from that period for each month the person serves if he or she is in compliance with the terms and conditions of the probation and is: (1) current with any fee to defray the costs of the person’s supervision and any fines, fees and restitution ordered by the court; and (2) actively involved in employment or enrolled in a program of education, rehabilitation or another program approved by the Division of Parole and Probation of the Department of Public Safety. (NRS 176A.500) Existing law similarly requires that certain persons who are on parole or released on parole be allowed for the period the person is on parole a deduction of a certain number of days from the person’s sentence for each month served if the person is current with any fee to defray the costs of his or her supervision and any payment of restitution required by the State Board of Parole Commissioners. (NRS 209.4475)

      Section 1 of this bill revises the requirements that a probationer must satisfy to be allowed a deduction from his or her period of probation. Section 1 removes the requirements that the probationer be in compliance with the terms and conditions of the probation and be current on the payment of fines and fees ordered by the court, thereby making the requirements for probationers to be allowed a deduction more similar to the existing requirements imposed on parolees. Section 1 also removes the requirement that a probationer, to be allowed a deduction, must be both: (1) current with any fee to defray the costs of his or her supervision and any payment of restitution; and (2) actively involved in employment or enrolled in a program approved by the Division, and instead provides that a probationer is allowed a separate deduction for satisfying each such requirement.

      Existing law provides that under certain circumstances an offender may earn credits to reduce his or her sentence of imprisonment for each month the offender serves. (NRS 209.4465) Section 1.5 of this bill authorizes the Governor, by executive order, if the Governor determines it is necessary, to grant additional credits to reduce an offender’s sentence by not more than 5 days for each month an offender serves.

      Sections 1 and 2 of this bill, respectively, provide that for the purpose of determining whether a probationer is allowed a deduction from his or her period of probation for being current with any fee to defray the costs of his or her supervision and any payment of restitution or whether a parolee is allowed a deduction from his or her sentence, the probationer or parolee shall be deemed to be current with any fee to defray the costs of his or her supervision and any payment of restitution for any given month if, during that month, the probationer or parolee makes at least the minimum monthly payment established by the court, the Division or the Board, as applicable.

 


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ê2017 Statutes of Nevada, Page 3312 (Chapter 503, AB 25)ê

 

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 176A.500 is hereby amended to read as follows:

      176A.500  1.  The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court, but the period, including any extensions thereof, must not be more than:

      (a) Three years for a:

             (1) Gross misdemeanor; or

             (2) Suspension of sentence pursuant to NRS 176A.260, 176A.290 or 453.3363; or

      (b) Five years for a felony.

      2.  At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Except for the purpose of giving a dishonorable discharge from probation, and except as otherwise provided in this subsection, the time during which a warrant for violating any of the conditions of probation is in effect is not part of the period of probation. If the warrant is cancelled or probation is reinstated, the court may include any amount of that time as part of the period of probation.

      3.  Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving the probationer a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. Except as otherwise provided in subsection 4, the parole and probation officer or the peace officer, after making an arrest, shall present to the detaining authorities, if any, a statement of the charges against the probationer. The parole and probation officer shall at once notify the court which granted probation of the arrest and detention or residential confinement of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.

      4.  A parole and probation officer or a peace officer may immediately release from custody without any further proceedings any person the officer arrests without a warrant for violating a condition of probation if the parole and probation officer or peace officer determines that there is no probable cause to believe that the person violated the condition of probation.

      5.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor [must be allowed for the period of the probation a deduction as set forth in subsection 6 if the offender is in compliance with the terms and conditions of the probation as determined by the Division and is:

      (a) Current with any fee to defray the cost of the supervision charged pursuant to NRS 213.1076 and with any fines, fees and restitution ordered by the court, including, without limitation, any payment of restitution required pursuant to NRS 176A.430; and

      (b) Actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

 


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ê2017 Statutes of Nevada, Page 3313 (Chapter 503, AB 25)ê

 

      6.  A person described in subsection 5] must be allowed for the period of the probation a deduction of:

      (a) Ten days from that period for each month the person serves and is current [on] with any [fees] fee to defray the [cost] costs of [the] his or her supervision [owed] charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076 and [on] with any [fines, fees and] payment of restitution ordered by the court [; and] , including, without limitation, any payment of restitution required pursuant to NRS 176A.430. A person shall be deemed to be current with any such fee and payment of restitution for any given month if, during that month, the person makes at least the minimum monthly payment established by the court or, if the court does not establish a minimum monthly payment, by the Division.

      (b) Except as otherwise provided in subsection 7, [an additional] 10 days from that period for each month the person serves and is actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division.

      6.  A person must be allowed a deduction pursuant to paragraph (a) or (b) of subsection 5 regardless of whether the person has satisfied the requirements of the other paragraph and must be allowed a deduction pursuant to paragraphs (a) and (b) of subsection 5 if the person has satisfied the requirements of both paragraphs of that subsection.

      7.  A person who is sentenced to serve a period of probation for a felony or a gross misdemeanor and who is a participant in a specialty court program must be allowed a deduction from the period of probation for being actively involved in employment or enrolled in a program of education, rehabilitation or any other program approved by the Division only if the person successfully completes the specialty court program. Such a deduction must not exceed the length of time remaining on the person’s period of probation.

      8.  As used in this section, “specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from mental illnesses or abuse alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      Sec. 1.5. NRS 209.4465 is hereby amended to read as follows:

      209.4465  1.  An offender who is sentenced to prison for a crime committed on or after July 17, 1997, who has no serious infraction of the regulations of the Department, the terms and conditions of his or her residential confinement or the laws of the State recorded against the offender, and who performs in a faithful, orderly and peaceable manner the duties assigned to the offender, must be allowed:

      (a) For the period the offender is actually incarcerated pursuant to his or her sentence;

      (b) For the period the offender is in residential confinement; and

      (c) For the period the offender is in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888,

Ê a deduction of 20 days from his or her sentence for each month the offender serves.

      2.  In addition to the credits allowed pursuant to subsection 1, the Director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits.

 


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ê2017 Statutes of Nevada, Page 3314 (Chapter 503, AB 25)ê

 

offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:

      (a) For earning a general educational development certificate or an equivalent document, 60 days.

      (b) For earning a high school diploma, 90 days.

      (c) For earning his or her first associate degree, 120 days.

      3.  The Director may, in his or her discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.

      4.  The Director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, program for reentry of offenders and parolees into the community, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 30 days of credit each month that is allowed pursuant to subsections 1 and 2.

      5.  The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.

      6.  The Board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.

      7.  Except as otherwise provided in subsections 8 and 9, credits earned pursuant to this section:

      (a) Must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable; and

      (b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.

      8.  Credits earned pursuant to this section by an offender who has not been convicted of:

      (a) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim;

      (b) A sexual offense that is punishable as a felony;

      (c) A violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430 that is punishable as a felony; or

      (d) A category A or B felony,

Ê apply to eligibility for parole and, except as otherwise provided in subsection 9, must be deducted from the minimum term or the minimum aggregate term imposed by the sentence, as applicable, until the offender becomes eligible for parole and must be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.

      9.  Credits deducted pursuant to subsection 8 may reduce the minimum term or the minimum aggregate term imposed by the sentence, as applicable, by not more than 58 percent for an offender who:

      (a) Is serving a sentence for an offense committed on or after July 1, 2014; or

      (b) On or after July 1, 2014, makes an irrevocable election to have his or her consecutive sentences aggregated pursuant to NRS 213.1212.

      10.  In addition to the credits allowed pursuant to this section, if the Governor determines, by executive order, that it is necessary, the Governor may authorize the deduction of not more than 5 days from a sentence for each month an offender serves.

 


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ê2017 Statutes of Nevada, Page 3315 (Chapter 503, AB 25)ê

 

may authorize the deduction of not more than 5 days from a sentence for each month an offender serves. This subsection must be uniformly applied to all offenders under a sentence at the time the Governor makes such a determination.

      Sec. 2. NRS 209.4475 is hereby amended to read as follows:

      209.4475  1.  In addition to any credits earned pursuant to NRS 209.447, an offender who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life must be allowed for the period the offender is actually on parole a deduction of 20 days from the offender’s sentence for each month the offender serves if:

      (a) The offender is current with any fee to defray the costs of his or her supervision charged by the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 213.1076; and

      (b) The offender is current with any payment of restitution required by the State Board of Parole Commissioners pursuant to NRS 213.126.

      2.  An offender shall be deemed to be current with any fee and payment of restitution described in subsection 1 for any given month if, during that month, the offender makes at least the minimum monthly payment established by:

      (a) The Division of Parole and Probation of the Department of Public Safety, if any; and

      (b) The State Board of Parole Commissioners, if any.

      3.  In addition to any credits earned pursuant to subsection 1 and NRS 209.447, the Director may allow not more than 10 days of credit each month for an offender:

      (a) Who is on parole as of January 1, 2004, or who is released on parole on or after January 1, 2004, for a term less than life; and

      (b) Whose diligence in labor or study merits such credits.

      [3.]4.  An offender is entitled to the deductions authorized by this section only if the offender satisfies the conditions of subsection 1 or [2,] 3, as determined by the Director. The Chief Parole and Probation Officer or other person responsible for the supervision of an offender shall report to the Director the failure of an offender to satisfy those conditions.

      [4.]5.  Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.447, 209.448 and 209.449, be deducted from the maximum term or the maximum aggregate term imposed by the sentence, as applicable.

      [5.]6.  The Director shall maintain records of the credits to which each offender is entitled pursuant to this section.

      Sec. 3.  1.  The amendatory provisions of this act apply to offenses committed before, on or after July 1, 2017.

      2.  For the purpose of calculating credits earned by a person pursuant to:

      (a) NRS 176A.500 or 209.4475, the amendatory provisions of this act must be applied only to credits earned by the person on or after July 1, 2017.

      (b) NRS 209.4465, the amendatory provisions of this act may be applied retroactively for not more than 5 years after the date of any executive order issued pursuant to subsection 10 of NRS 209.4465, if the Governor determines that it is necessary.

      Sec. 4.  This act becomes effective on July 1, 2017.

________

 


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ê2017 Statutes of Nevada, Page 3316ê

 

CHAPTER 504, AB 29

Assembly Bill No. 29–Committee on Transportation

 

CHAPTER 504

 

[Approved: June 9, 2017]

 

AN ACT relating to off-highway vehicles; creating the Off-Highway Vehicles Program in the State Department of Conservation and Natural Resources; placing the Commission on Off-Highway Vehicles within the Department; revising provisions regarding the membership and duties of the Commission; reducing the late fee imposed for failure to register an off-highway vehicle; requiring the Commission to conduct an evaluation and develop certain recommendations for legislation related to the operation of an off-highway vehicle on certain highways in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Commission on Off-Highway Vehicles and authorizes the Commission to award grants of money from the Account for Off-Highway Vehicles to certain applicants for projects relating to off-highway vehicle use and off-highway trails and facilities. (NRS 490.067, 490.068, 490.069) Sections 4 and 6 of this bill place the Commission within the State Department of Conservation and Natural Resources.

      Section 1 of this bill creates the Off-Highway Vehicles Program in the State Department of Conservation and Natural Resources. In administering the Program, the Director of the Department, within the limits of approved funding, is required to: (1) provide certain support and assistance to the Commission on Off-Highway Vehicles; and (2) administer the Account for Off-Highway Vehicles. Section 1 further requires the Director to include in his or her budget the money necessary, within the limits of legislative appropriations for the Account, for: (1) certain expenses of the Program and the Commission; and (2) a reserve amount.

      Under existing law, each member of the Commission on Off-Highway Vehicles is entitled to receive, if money is available for that purpose, the per diem allowance and travel expenses provided for state officers and employees generally. (NRS 490.067) Section 6 provides that, if money is available for that purpose, any member of the Commission who is not an officer or employee of the State is entitled to receive a salary of not more than $80 per day for each day of attendance at a meeting of the Commission. Section 6 further provides a procedure for replacing a member of the Commission who fails to attend at least three consecutive meetings.

      Under existing law, the Commission on Off-Highway Vehicles is required to solicit nine nonvoting advisors to the Commission from various state and federal agencies. (NRS 490.068) Section 7 of this bill removes that requirement, and section 6 also: (1) revises the membership of the Commission; and (2) adds to the Commission four nonvoting, ex officio members. Section 7 also sets forth requirements for establishing a quorum of the Commission for transacting business. Finally, sections 1 and 7 revise provisions requiring a comprehensive report that must be submitted to the Legislature, providing that the report must be prepared by the Director of the State Department of Conservation and Natural Resources, then reviewed and approved by the Chair of the Commission before being submitted to each regular session of the Legislature.

      Under existing law, fees paid for titling and registration of an off-highway vehicle are deposited into the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration. (NRS 490.084) The Department of Motor Vehicles is required to transfer, at least once each fiscal quarter, any amount in excess of $150,000 in that Account into the Account for Off-Highway Vehicles.

 


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(NRS 490.085) The Commission on Off-Highway Vehicles is required to administer the money in the Account for Off-Highway Vehicles. (NRS 490.069) Section 8 of this bill requires the Director of the State Department of Conservation and Natural Resources to administer the Account. Section 8 also requires a portion of the money in the Account be used to maintain a reserve amount.

      Under existing law, if the owner of an off-highway vehicle that is registered in this State fails to renew the registration before it expires, the registration may be reinstated upon payment of the annual renewal fee, a late fee of $25 and, if applicable, the submission of proof of insurance, which is only required for certain larger all-terrain vehicles that are authorized to operate on certain county roads. (NRS 490.082, 490.0825, 490.105) Section 9 of this bill reduces the late fee to $10.

      Under existing law, with certain exceptions, a person may not operate an off-highway vehicle on a paved highway in this State unless a governmental entity has designated the highway for use by off-highway vehicles. Such a designation is prohibited on any portion of an interstate highway. (NRS 490.090, 490.100, 490.110) Section 11.5 of this bill requires the Commission on Off-Highway Vehicles to evaluate the statutory presumption that an off-highway vehicle is prohibited from operating on a paved highway unless authorized to do so. The Commission is required to survey local governmental entities and other interested parties to solicit input. The Commission is required to submit any recommendations for proposed legislation to the Director of the Legislative Counsel Bureau for transmission to the 80th Session of the Nevada 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 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Off-Highway Vehicles Program is hereby created in the Department. The Director shall administer the Program. The Commission on Off-Highway Vehicles created by NRS 490.067 shall provide direction to the Program pursuant to its authority and duties provided in NRS 490.068 and 490.069.

      2.  In administering the Program, the Director shall, within the limits of authorized expenditures:

      (a) Administer the Account for Off-Highway Vehicles created by NRS 490.069; and

      (b) Provide staff to the Commission on Off-Highway Vehicles for the purposes of:

             (1) Providing assistance, support and technical advice to the Commission; and

             (2) Assisting in the coordination of the activities and duties of the Commission.

      3.  The Director may form a technical advisory committee as needed to provide input to the Commission on Off-Highway Vehicles regarding the completeness and merit of applications received by the Commission for a grant from the Account for Off-Highway Vehicles.

      4.  The Director shall prepare, for each regular session of the Legislature, a comprehensive report that includes, without limitation:

      (a) The general activities of the Commission on Off-Highway Vehicles;

      (b) The fiscal activities of the Commission on Off-Highway Vehicles; and

 


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      (c) A summary of any grants awarded by the Commission on Off-Highway Vehicles.

Ê Upon completion of the report, the Director shall submit the report to the Chair of the Commission on Off-Highway Vehicles for review pursuant to NRS 490.068.

      5.  The Director shall include in his or her budget the money necessary, within the limits of legislative authorizations for the Account for Off-Highway Vehicles, for:

      (a) The operating expenses of the Commission on Off-Highway Vehicles;

      (b) The administrative expenses of the Program to carry out the provisions of this section; and

      (c) A reserve amount as approved by the Legislature.

      6.  The Director may adopt regulations for the operation of the Commission on Off-Highway Vehicles and the Program.

      7.  As used in this section:

      (a) “Administrative expenses” includes, without limitation, hiring any staff necessary to carry out the provisions of this section.

      (b) “Operating expenses” includes, without limitation, any costs of contracting with a third party to provide education and information to the members of the public relating to the provisions of chapter 490 of NRS governing the lawful use and registration of off-highway vehicles.

      Sec. 2. NRS 232.010 is hereby amended to read as follows:

      232.010  As used in NRS 232.010 to 232.162, inclusive [:] , and section 1 of this act:

      1.  “Department” means the State Department of Conservation and Natural Resources.

      2.  “Director” means the Director of the State Department of Conservation and Natural Resources.

      Sec. 3. NRS 232.070 is hereby amended to read as follows:

      232.070  1.  As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation , the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council.

      2.  Except as otherwise provided in subsection 4, the Director shall:

      (a) Establish departmental goals, objectives and priorities.

      (b) Approve divisional goals, objectives and priorities.

      (c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

      (d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.

      (e) Appoint the executive head of each division within the Department.

      (f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.

      (g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.

 


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      (h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.

      (i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

             (1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;

             (2) Matters relating to the park and recreational policy of the State;

             (3) The use of land within this State which is under the jurisdiction of the Federal Government;

             (4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and

             (5) The preservation, protection and use of this State’s natural resources.

      3.  Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

      4.  This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation , the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.

      5.  Except as otherwise provided in NRS 232.159 and 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

      Sec. 4. NRS 232.090 is hereby amended to read as follows:

      232.090  1.  The Department consists of the Director and the following:

      (a) The Division of Water Resources.

      (b) The Division of State Lands.

      (c) The Division of Forestry.

      (d) The Division of State Parks.

      (e) The Division of Environmental Protection.

      (f) The Office of Historic Preservation.

      (g) Such other divisions as the Director may from time to time establish.

      2.  The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles, the Conservation Districts Program, the Nevada Natural Heritage Program, the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.

      Sec. 5. NRS 490.066 is hereby amended to read as follows:

      490.066  [The] Except as otherwise provided in NRS 490.068 and section 1 of this act, the Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.

 


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      Sec. 6. NRS 490.067 is hereby amended to read as follows:

      490.067  1.  The Commission on Off-Highway Vehicles is hereby created [.] in the State Department of Conservation and Natural Resources.

      2.  The Commission consists of : [11 members as follows:]

      (a) One member who is an authorized dealer, appointed by the Governor;

      (b) One member who is a sportsman, appointed by the Governor from a list of persons submitted by the Director of the Department of Wildlife;

      (c) One member who is a rancher, appointed by the Governor from a list of persons submitted by the Director of the State Department of Agriculture;

      (d) One member who is a representative of the Nevada Association of Counties, appointed by the Governor from a list of persons submitted by the Executive Director of the Association;

      (e) One member who is a representative of law enforcement, appointed by the Governor from a list of persons submitted by the Nevada Sheriffs’ and Chiefs’ Association;

      (f) One member [,] who is actively engaged in and possesses experience and expertise in advocating for issues relating to conservation, appointed by the Governor [from a list of persons submitted by the Director of the State Department of Conservation and Natural Resources, who:

             (1) Possesses a degree in soil science, rangeland ecosystems science or a related field;

             (2) Has at least 5 years of experience working in one of the fields described in subparagraph (1); and

             (3) Is knowledgeable about the ecosystems of the Great Basin Region of central Nevada or the Mojave Desert;

      (g) One member, appointed by the Governor, who is a representative of an organization that represents persons who use off-highway vehicles to access areas to participate in recreational activities that do not primarily involve off-highway vehicles; and

      (h) Four] ; and

      (g) Three members, appointed by the Governor, who reside in the State of Nevada and have participated in recreational activities for off-highway vehicles for at least 5 years using the type of off-highway vehicle owned or operated by the persons they will represent, as follows:

             (1) One member who represents persons who own or operate all-terrain vehicles;

             (2) One member who represents persons who own or operate all-terrain motorcycles [;] and who is involved with or participates in the racing of off-highway motorcycles; and

             (3) One member who represents persons who own or operate snowmobiles . [; and

             (4) One member who represents persons who own or operate, and participate in the racing of, off-highway motorcycles.]

      3.  The following are nonvoting, ex officio members of the Commission:

      (a) The State Director of the Nevada State Office of the Bureau of Land Management;

      (b) The Forest Supervisor for the Humboldt-Toiyabe National Forest;

      (c) The Director of the Department of Tourism and Cultural Affairs; and

      (d) The Director of the Department of Motor Vehicles.

 


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      4.  A nonvoting, ex officio member of the Commission may appoint, in writing, an alternate to serve in his or her place on the Commission.

      5.  The Governor shall not appoint to the Commission any member described in paragraph [(h)] (g) of subsection 2 unless the member has been recommended to the Governor by an off-highway vehicle organization. As used in this subsection, “off-highway vehicle organization” means a profit or nonprofit corporation, association or organization formed pursuant to the laws of this State and which promotes off-highway vehicle recreation or racing.

      [4.]6.  After the initial terms, each member of the Commission appointed pursuant to subsection 2 serves for a term of 3 years. A vacancy on the Commission must be filled in the same manner as the original appointment.

      [5.]7.  Except as otherwise provided in this subsection, a member of the Commission who is appointed may not serve more than two consecutive terms on the Commission. A member who has served two consecutive terms on the Commission may be reappointed if the Governor does not receive any applications for that member’s seat or if the Governor determines that no qualified applicants are available to fill that member’s seat.

      [6.]8.  The Governor shall ensure that, insofar as practicable, the members appointed to the Commission pursuant to subsection 2 reflect the geographical diversity of this State.

      [7.]9.  Each member of the Commission:

      (a) Is entitled to receive, if money is available for that purpose , [from the fees collected pursuant to NRS 490.084,] the per diem allowance and travel expenses provided for state officers and employees generally.

      (b) Who is not an officer or employee of the State of Nevada is entitled to receive, if money is available for that purpose, a salary of not more than $80 per day for each day of attendance at a meeting of the Commission.

      (c) Shall swear or affirm that he or she will work to create and promote responsible off-highway vehicle recreation in the State. [The Governor may remove a member from the Commission if the member violates the oath described in this paragraph.

      8.  The Commission may employ an Executive Secretary, who must not be a member of the Commission, to assist in its daily operations and in administering the Account for Off-Highway Vehicles created by NRS 490.069.

      9.  The Commission may adopt regulations for the operation of the Commission. Upon request by the Commission, the nonvoting advisers solicited by the Commission pursuant to NRS 490.068 may provide assistance to the Commission in adopting those regulations.]

      10.  A member of the Commission who is appointed by the Governor and who fails to attend at least three consecutive meetings of the Commission is subject to replacement. The Commission shall notify the appointing authority or group who recommended the member for appointment, if any, and the appointing authority or group may recommend a person to replace that member of the Commission. The replacement of a member pursuant to this subsection must be conducted in the same manner as the original appointment.

 


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      Sec. 7. NRS 490.068 is hereby amended to read as follows:

      490.068  1.  The Commission shall:

      (a) Elect a Chair [,] and Vice Chair [, Secretary and Treasurer] from among its members.

      (b) Meet at the call of the Chair.

      (c) Meet at least four times each year.

      (d) [Solicit nine nonvoting advisers to the Commission to serve for terms of 2 years as follows:

             (1) One adviser from the Bureau of Land Management.

             (2) One adviser from the United States Forest Service.

             (3) One adviser who is:

                   (I) From the Natural Resources Conservation Service of the United States Department of Agriculture; or

                   (II) A teacher, instructor or professor at an institution of the Nevada System of Higher Education and who provides instruction in environmental science or a related field.

             (4) One adviser from the State Department of Conservation and Natural Resources.

             (5) One adviser from the Department of Wildlife.

             (6) One adviser from the Department of Motor Vehicles.

             (7) One adviser from the Commission on Tourism, other than the Chair of the Nevada Indian Commission.

             (8) One adviser from the Nevada Indian Commission.

             (9) One adviser from the United States Fish and Wildlife Service.] Provide direction to the Off-Highway Vehicles Program created by section 1 of this act.

      (e) Perform the duties assigned to the Commission set forth in NRS 490.083 and 490.084.

      2.  A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority vote of those members present at any meeting is sufficient for any official action taken by the Commission.

      3.  The Commission may award a grant of money from the Account for Off-Highway Vehicles created by NRS 490.069. Any such grant must comply with the requirements set forth in NRS 490.069. The Commission shall:

      (a) Adopt regulations setting forth who may apply for a grant of money from the Account for Off-Highway Vehicles and the manner in which such [a person] an applicant may submit the application to the Commission. The regulations adopted pursuant to this paragraph must include, without limitation, requirements that:

             (1) Any [person] applicant requesting a grant provide proof satisfactory to the Commission that the appropriate federal, state or local governmental agency has been consulted regarding the nature of the project to be funded by the grant and regarding the area affected by the project;

             (2) The application for the grant address all applicable laws and regulations, including, without limitation, those concerning:

                   (I) Threatened and endangered species in the area affected by the project;

                   (II) Ecological, cultural and archaeological sites in the area affected by the project; and

 


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                   (III) Existing land use authorizations and prohibitions, land use plans, special designations and local ordinances for the area affected by the project; and

             (3) Any compliance information provided by an appropriate federal, state or local governmental agency, and any information or advice provided by any agency, group or individual be submitted with the application for the grant.

      (b) Adopt regulations for awarding grants from the Account [.

      (c) Adopt regulations for determining the] , including, without limitation, developing criteria:

             (1) That promote projects which integrate multiple grant categories;

             (2) That encourage a distribution of grants among all grant categories; and

             (3) For the determination of acceptable performance of work on a project for which a grant is awarded.

      [(d) Approve the completion of, and payment of money for, work performed on a project for which a grant is awarded, if the Commission determines the work is acceptable.

      (e) Monitor the accounting activities of the Account.

      3.  The nonvoting advisers solicited by the]

      4.  The Commission [pursuant to paragraph (d) of subsection 1 shall assist the Commission in carrying out the duties set forth in this section and shall review for completeness and for compliance with the requirements of paragraph (a) of subsection 2 all] may solicit input regarding applications for grants [.

      4.]from a technical advisory committee formed pursuant to section 1 of this act.

      5.  For each regular session of the Legislature, the Chair of the Commission shall [prepare a] review the comprehensive report [, including, without limitation, a summary of any grants that the Commission awarded and of the accounting activities of the Account, and any recommendations of the Commission for proposed legislation. The] prepared pursuant to section 1 of this act. Upon approval of the report by the Chair of the Commission, the report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

      Sec. 8. NRS 490.069 is hereby amended to read as follows:

      490.069  1.  The Account for Off-Highway Vehicles is hereby created in the State General Fund as a revolving account. The [Commission] Director of the State Department of Conservation and Natural Resources shall administer the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      2.  [During the period beginning on July 1, 2012, and ending on June 30, 2013, money in the Account may only be used by the Commission for the reasonable administrative costs of the Commission and to inform the public of the requirements of this chapter.

      3.]  On or after July 1, [2013,] 2017, money in the Account may only be used [by the Commission] as follows:

 


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      (a) [Not more than 5 percent of the money that is in the Account as of January 1 of each year may be used for the reasonable] To pay for the operating expenses of the Commission, including, without limitation, any debts or obligations lawfully incurred by the Commission before July 1, 2017, and the administrative [costs] expenses of the [Account.] Off-Highway Vehicles Program created by section 1 of this act, consistent with the legislatively approved budget of the State Department of Conservation and Natural Resources pursuant to section 1 of this act.

      (b) [Except as otherwise provided in subsection 4, 20 percent of any money in the Account as of January 1 of each year that is not used pursuant to paragraph (a) must be used for law enforcement, as recommended by the Office of Criminal Justice Assistance of the Department of Public Safety, or its successor, and any remaining portion of that money may be used as follows:

             (1) Sixty percent of the money may be used for projects relating to:

                   (I)]To fund a reserve amount as provided in the legislatively approved budget of the State Department of Conservation and Natural Resources pursuant to section 1 of this act.

      (c) Any money in the Account that is not used pursuant to paragraph (a) or (b) each fiscal year may be used by the Commission to award grants as provided in NRS 490.068 for projects relating to:

             (1) Studies or planning for trails and facilities for use by owners and operators of off-highway vehicles. Money received pursuant to this [sub-subparagraph] subparagraph may be used to prepare environmental assessments and environmental impact studies that are required pursuant to 42 U.S.C. §§ 4321 et seq.

                   [(II)](2) The mapping and signing of those trails and facilities.

                   [(III)](3) The acquisition of land for those trails and facilities.

                   [(IV)](4) The enhancement [and] or maintenance , or both, of those trails and facilities.

                   [(V)](5) The construction of those trails and facilities.

                   [(VI)](6) The restoration of areas that have been damaged by the use of off-highway vehicles.

             [(2) Fifteen percent of the money may be used for safety]

             (7) The construction of trail features and features ancillary to a trail including, without limitation, a trailhead or a parking area near a trailhead, which minimize impacts to environmentally sensitive areas or important wildlife habitat areas.

             (8) Safety training and education relating to the use of off-highway vehicles.

      [4.  If money is used for the projects described in paragraph (b) of subsection 3, not more than 30 percent of such money may be allocated to any one category of projects described in subparagraph (1) of that paragraph.]

             (9) Efforts to improve compliance with and enforcement of the requirements relating to off-highway vehicles.

      Sec. 9. NRS 490.082 is hereby amended to read as follows:

      490.082  1.  An owner of an off-highway vehicle that is acquired:

      (a) Before July 1, 2011:

             (1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

 


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             (2) Except as otherwise provided in subsection 3, shall, within 1 year after July 1, 2011, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.

      (b) On or after July 1, 2011, shall, within 30 days after acquiring ownership of the off-highway vehicle:

             (1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.

             (2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle pursuant to this section or NRS 490.0825.

      2.  If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:

      (a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.

      (b) Except as otherwise provided in NRS 490.0825, the registration of the off-highway vehicle, the owner shall submit:

             (1) If ownership of the off-highway vehicle was obtained before July 1, 2011, proof prescribed by the Department:

                   (I) That he or she is the owner of the off-highway vehicle; and

                   (II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or

             (2) If ownership of the off-highway vehicle was obtained on or after July 1, 2011:

                   (I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and

                   (II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.

      3.  Registration of an off-highway vehicle is not required if the off-highway vehicle:

      (a) Is owned and operated by:

             (1) A federal agency;

             (2) An agency of this State; or

             (3) A county, incorporated city or unincorporated town in this State;

      (b) Is part of the inventory of a dealer of off-highway vehicles and is affixed with a special plate provided to the off-highway vehicle dealer pursuant to NRS 490.0827;

      (c) Is registered or certified in another state and is located in this State for not more than 15 days;

      (d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;

 


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      (e) Is used for work conducted by or at the direction of a public or private utility;

      (f) Was manufactured before January 1, 1976;

      (g) Is operated solely in an organized race, festival or other event that is conducted:

             (1) Under the auspices of a sanctioning body; or

             (2) By permit issued by a governmental entity having jurisdiction;

      (h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;

      (i) Is used in a search and rescue operation conducted by a governmental entity having jurisdiction; or

      (j) Has a displacement of not more than 70 cubic centimeters.

Ê As used in this subsection, “sanctioning body” means an organization that establishes a schedule of racing events, grants rights to conduct those events and establishes and administers rules and regulations governing the persons who conduct or participate in those events.

      4.  The registration of an off-highway vehicle pursuant to this section or NRS 490.0825 expires 1 year after its issuance. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual renewal fee, a late fee of [$25] $10 and, if applicable, proof of insurance required pursuant to NRS 490.0825. Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      5.  If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:

      (a) Set forth by the Department by regulation; and

      (b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      6.  The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.

      Sec. 10.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 11.  1.  The terms of the members of the Commission on Off-Highway Vehicles who are appointed pursuant to paragraphs (f) and (g) and subparagraphs (2) and (4) of paragraph (h) of subsection 2 of NRS 490.067, as those provisions exist on June 30, 2017, expire on July 1, 2017.

      2.  On or before July 1, 2017, the Governor shall appoint to the Commission on Off-Highway Vehicles the members of the Commission on Off-Highway Vehicles specified in paragraph (f) and subparagraph (2) of paragraph (g) of subsection 2 of NRS 490.067, as amended by section 6 of this act, to initial terms of 3 years commencing on July 1, 2017.

 


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      Sec. 11.5.  As soon as practicable after July 1, 2017, the Commission on Off-Highway Vehicles shall:

      1.  Evaluate whether the statutory presumption set forth in NRS 490.090 to NRS 490.130, inclusive, that the operation of an off-highway vehicle on a paved highway is prohibited unless authorized by a governmental entity should be amended.

      2.  Conduct a survey of local governmental entities and other interested parties to solicit input for the evaluation required pursuant to subsection 1.

      3.  Develop recommendations for legislation to make any such amendments as may be proposed based on the evaluation made pursuant to subsection 1.

      4.  On or before January 1, 2019, submit the recommendations developed pursuant to subsection 3 to the Director of the Legislative Counsel Bureau for transmission to the 80th Session of the Nevada Legislature.

      Sec. 12.  This act becomes effective:

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

      2.  On July 1, 2017, for all other purposes.

________

CHAPTER 505, AB 45

Assembly Bill No. 45–Committee on Legislative Operations and Elections

 

CHAPTER 505

 

[Approved: June 9, 2017]

 

AN ACT relating to public office; requiring a nongovernmental entity that sends a notice relating to voter registration to include certain information in the notice; updating citations in Nevada Revised Statutes to certain provisions of federal law; revising the deadlines for registering to vote by mail or computer for a primary, primary city, general city or general election; providing that the county and city clerks are not required to distribute sample ballots for an election to certain persons; revising the deadlines for submitting reports of campaign contributions, expenses and expenditures; requiring a candidate to include the ending balance in his or her campaign account on reports of campaign contributions; revising the campaign finance reporting requirements for certain candidates, persons, committees and parties relating to a special election to recall a public officer; revising the categories of campaign expenses and expenditures on campaign finance reports; setting forth the requirements to withdraw a petition for initiative or referendum; extending, under certain circumstances, the deadline for submitting for verification certain petitions for initiative; clarifying that a copy of a petition of candidacy of an independent candidate for the office of President of the United States must be filed with the Secretary of State before the petition is circulated for signatures; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 3328 (Chapter 505, AB 45)ê

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires a nongovernmental entity that sends a notice to a person indicating the person is not or may not be registered to vote or requesting the person to register to vote to indicate on the notice that it is not official elections mail from the Secretary of State or a county or city clerk.

      Existing law relating to elections cites to various provisions of federal law, including the Voting Rights Act of 1965 (52 U.S.C. §§ 10101 to 10301 et seq.), the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. §§ 20301 et seq.), the Military and Overseas Voter Empowerment Act (52 U.S.C. §§ 20302 et seq.) and the Help America Vote Act (52 U.S.C. §§ 15482 et seq.). (NRS 293.208, 293.2699, 293.309, 293.4685, 293.502, 293.504, 293.505, 293C.305, 293D.050, 293D.110, 293D.200, 293D.230, 293D.300, 293D.320, 293D.410, 293D.530) Sections 8-13, 15 and 16-23 of this bill update the citations to these federal laws.

      Existing federal law requires that each state ensure that an eligible voter who submits an application to register to vote by mail be registered to vote in an election for federal office if the voter registration form is postmarked not later than 30 days before the date of the election. (52 U.S.C. § 20507) Under existing Nevada law, an application to register to vote by mail must be postmarked or received by the county clerk not later than the fifth Saturday preceding a primary election, primary city election, general election or general city election. (NRS 293.5235, 293.560, 293C.527) Sections 14.6 and 15.5 of this bill provide that the last day to register to vote by mail is the fourth Tuesday preceding the primary election, primary city election, general election or general city election.

      Existing law provides that the last day to register to vote by computer is the third Tuesday preceding any primary or general election. (NRS 293.560, 293C.527) Sections 14.6 and 15.5 provide, with limited exception, that the last day to register to vote by computer is the Thursday before the period for early voting begins.

      Existing law requires county and city clerks to distribute sample ballots before the period for early voting begins. (NRS 293.565, 293C.530) Sections 14.8 and 15.7 of this bill provide a limited exception to this requirement so that the clerks are not required to distribute sample ballots for an election to persons who register to vote less than 20 days before the election. Section 8.5 of this bill makes a conforming change.

      Existing law sets forth campaign finance reporting requirements for candidates and certain persons and committees that accept contributions and make expenditures related to a special election to recall a public officer. (NRS 294A.120, 294A.140, 294A.200, 294A.210) Sections 24, 25, 26 and 27 of this bill set forth the reporting requirements that apply where no such special election is held because the petition for recall is not submitted for verification or is submitted for verification but is legally insufficient.

      Existing law requires candidates and certain other persons, committees and political organizations to file with the Secretary of State reports disclosing certain contributions, campaign expenses and expenditures by statutorily scheduled dates during an election year and annually in nonelection years. (NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210 and 294A.220) Effective January 1, 2019, sections 24.2, 25.2, 25.4, 26.5, 27.1 and 27.11 of this bill amend the deadlines for filing campaign finance reports so that during: (1) an election year, reports will be filed on a quarterly basis; and (2) nonelection years, annual reports will be filed not later than January 15th.

      Existing law sets forth campaign finance reporting requirements for candidates to report campaign contributions. (NRS 294A.120, 294A.125) Sections 24.2 and 24.5 of this bill require, effective January 1, 2019, a candidate to include in his or her campaign finance reports the balance in the candidate’s campaign account at the end of the reporting period.

      Existing law sets forth the categories of campaign expenses and expenditures for use in reports of campaign expenses or expenditures. (NRS 294A.365) Section 27.2 of this bill requires, effective January 1, 2019, that each report of campaign expenses or expenditures must itemize each transaction and identify the business or other entity from whom the purchase was made if the purchase was paid for with a credit card or debit card.

 


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ê2017 Statutes of Nevada, Page 3329 (Chapter 505, AB 45)ê

 

      Existing law requires a copy of a petition for initiative or referendum to be placed on file with the Secretary of State before it may be circulated for signatures. (NRS 295.015) Section 31 of this bill requires that the person who intends to circulate the petition must also submit to the Secretary of State a form that includes: (1) the person’s name and signature; (2) the name of any committee for political action formed by the person to advocate the passage of the initiative or referendum; and (3) the names of persons who are authorized to withdraw the petition or submit a revised petition. Section 30 of this bill provides that a petition may be withdrawn if one of those authorized persons submits a notice of withdrawal to the Secretary of State.

      Existing law provides that if a petition for initiative proposes a statute or an amendment to a statute, the petition must be submitted for verification not later than the second Tuesday in November of an even-numbered year. (NRS 295.056) Section 32 of this bill provides that if the second Tuesday in November of an even-numbered year is the day of the general election, that deadline is instead the next working day after the election.

      Existing law requires that if a person desires to be an independent candidate for President of the United States, the person must circulate a nominating petition and obtain a certain number of signatures. Existing law also requires that a copy of that petition be filed with the Secretary of State. (NRS 298.109) Section 34 of this bill clarifies that the copy must be filed with the Secretary of State before the petition is circulated for signatures.

 

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 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any nongovernmental entity that sends a notice to a person:

      1.  Indicating that the person is not or may not be registered to vote in this State; or

      2.  Requesting that the person register to vote in this State,

Ê must indicate clearly on the notice that it is not official elections mail from the Secretary of State or a county or city clerk.

      Secs. 2-7.  (Deleted by amendment.)

      Sec. 8. NRS 293.208 is hereby amended to read as follows:

      293.208  1.  Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in March of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:

      (a) Ordered by a court of competent jurisdiction;

      (b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, [42 U.S.C. §§ 1971 and 1973] 52 U.S.C. §§ 10101 and 10301 et seq., and any amendments thereto;

      (c) Required to comply with subsection 2 of NRS 293.205;

      (d) Required by the incorporation of a new city; or

      (e) Required by the creation of or change in the boundaries of a special district.

 


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Ê As used in this subsection, “special district” means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.

      2.  If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.

      3.  A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.

      4.  If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:

      (a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct; and

      (b) Maintain in his or her office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.

      5.  Cities of population categories two and three are exempt from the provisions of subsection 1.

      6.  As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.

      Sec. 8.5. NRS 293.2546 is hereby amended to read as follows:

      293.2546  The Legislature hereby declares that each voter has the right:

      1.  To receive and cast a ballot that:

      (a) Is written in a format that allows the clear identification of candidates; and

      (b) Accurately records the voter’s preference in the selection of candidates.

      2.  To have questions concerning voting procedures answered and to have an explanation of the procedures for voting posted in a conspicuous place at the polling place.

      3.  To vote without being intimidated, threatened or coerced.

      4.  To vote on election day if the voter is waiting in line at his or her polling place to vote before 7 p.m. and the voter has not already cast a vote in that election.

      5.  To return a spoiled ballot and is entitled to receive another ballot in its place.

      6.  To request assistance in voting, if necessary.

      7.  To a sample ballot which is accurate, informative and delivered in a timely manner [.] as provided by law.

      8.  To receive instruction in the use of the equipment for voting during early voting or on election day.

      9.  To have nondiscriminatory equal access to the elections system, including, without limitation, a voter who is elderly, disabled, a member of a minority group, employed by the military or a citizen who is overseas.

 

 


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      10.  To have a uniform, statewide standard for counting and recounting all votes accurately.

      11.  To have complaints about elections and election contests resolved fairly, accurately and efficiently.

      Sec. 9. NRS 293.2699 is hereby amended to read as follows:

      293.2699  1.  Each voting system used by a county or city shall provide voting materials in English and other languages in compliance with the provisions of [42 U.S.C. § 1973aa-1a.] 52 U.S.C. § 10503.

      2.  As used in this section, the term “voting materials” has the meaning ascribed to it in [42 U.S.C. § 1973aa-1a.] 52 U.S.C. § 10503.

      Sec. 10. NRS 293.309 is hereby amended to read as follows:

      293.309  1.  The county clerk of each county shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The county clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

      2.  The ballot must be prepared and ready for distribution to a registered voter who:

      (a) Resides within the State, not later than 20 days before the election in which it is to be used;

      (b) Except as otherwise provided in paragraph (c), resides outside the State, not later than 40 days before a primary or general election, if possible; or

      (c) Requested an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. §§ 1973ff] 52 U.S.C. §§ 20301 et seq., not later than 45 days before the election.

      3.  Any legal action which would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

      Sec. 11. NRS 293.4685 is hereby amended to read as follows:

      293.4685  1.  The Secretary of State shall:

      (a) Provide information regarding voter registration and absentee voting by Armed Forces personnel and overseas voters;

      (b) Within 90 days after the date of each general election and general city election in which electors voted for federal offices, submit to the Election Assistance Commission established pursuant to [42 U.S.C. § 15321] 52 U.S.C. § 20921 a report of the combined number of absentee ballots transmitted to absent Armed Forces personnel and overseas voters for the election and the combined number of such ballots that were returned by such voters and cast in the election;

      (c) Make each report submitted pursuant to paragraph (b) available to the public; and

      (d) Adopt any regulations which are necessary to comply with the provisions of the Help America Vote Act of 2002, Public Law 107-252, and which are not inconsistent with the provisions of this chapter to the extent the provisions of this chapter are consistent with the Help America Vote Act of 2002, Public Law 107-252.

      2.  Each county and city clerk shall provide such information as is requested by the Secretary of State to comply with the provisions of this section.

 


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ê2017 Statutes of Nevada, Page 3332 (Chapter 505, AB 45)ê

 

      Sec. 12. NRS 293.502 is hereby amended to read as follows:

      293.502  1.  An elector:

      (a) Who complies with the requirements for registration set forth in the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. §§ 1973ff] 52 U.S.C. §§ 20301 et seq.;

      (b) Who, not more than 60 days before an election:

             (1) Is discharged from the Armed Forces of the United States or is the spouse or dependent of an elector who is discharged from the Armed Forces; or

             (2) Is separated from employment outside the territorial limits of the United States or is the spouse or dependent of an elector who is separated from employment outside the territorial limits of the United States;

      (c) Who presents evidence of the discharge from the Armed Forces or separation from employment described in paragraph (b) to the county clerk; and

      (d) Is not registered to vote at the close of registration for that election,

Ê must be allowed to register to vote in the election.

      2.  Such an elector must:

      (a) Register in person; and

      (b) Vote in the office of the county clerk unless the elector is otherwise entitled to vote an absent ballot pursuant to federal law.

      3.  The Secretary of State shall adopt regulations to carry out a program of registration for such electors.

      Sec. 13. NRS 293.504 is hereby amended to read as follows:

      293.504  1.  The following offices shall serve as voter registration agencies:

      (a) Such offices that provide public assistance as are designated by the Secretary of State;

      (b) Each office that receives money from the State of Nevada to provide services to persons with disabilities in this State;

      (c) The offices of the Department of Motor Vehicles;

      (d) The offices of the city and county clerks;

      (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable;

      (f) Recruitment offices of the United States Armed Forces; and

      (g) Such other offices as the Secretary of State deems appropriate.

      2.  Each voter registration agency shall:

      (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;

      (b) Except as otherwise provided in subsection 3, distribute applications to register to vote which may be returned by mail with any application for services or assistance from the agency or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

      (c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

      (d) Accept completed applications to register to vote.

      3.  A voter registration agency is not required to provide an application to register to vote pursuant to paragraph (b) of subsection 2 to a person who applies for or receives services or assistance from the agency or submits an application for any other purpose if the person declines to register to vote and submits to the agency a written form that meets the requirements of [42 U.S.C. § 1973gg-5(a)(6).]

 


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ê2017 Statutes of Nevada, Page 3333 (Chapter 505, AB 45)ê

 

application for any other purpose if the person declines to register to vote and submits to the agency a written form that meets the requirements of [42 U.S.C. § 1973gg-5(a)(6).] 52 U.S.C. § 20506(a)(6). No information related to the declination to register to vote may be used for any purpose other than voter registration.

      4.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date.

      5.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to register to vote at recruitment offices of the United States Armed Forces.

      Sec. 14. NRS 293.505 is hereby amended to read as follows:

      293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

      2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

      4.  When a field registrar has in his or her possession five or more completed applications to register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.

      5.  Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable. Within 5 days after the [fifth Sunday preceding any general election or general city election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

 


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ê2017 Statutes of Nevada, Page 3334 (Chapter 505, AB 45)ê

 

      6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

      7.  Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.

      8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Delegate any of his or her duties to another person; or

      (b) Refuse to register a person on account of that person’s political party affiliation.

      9.  A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.

      10.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Solicit a vote for or against a particular question or candidate;

      (b) Speak to a voter on the subject of marking his or her ballot for or against a particular question or candidate; or

      (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while registering an elector.

      11.  When the county clerk receives applications to register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

      (a) The number of persons registered; and

      (b) The political party of the persons registered.

      12.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

      (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

      (b) Register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

      13.  A county clerk, field registrar, employee of a voter registration agency, person assisting a voter pursuant to subsection 13 of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:

      (a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the voter upon completion of the form; and

      (b) Shall not alter, deface or destroy an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required.

      14.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

 


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      15.  A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 14.2. NRS 293.5237 is hereby amended to read as follows:

      293.5237  Any time before the [fifth Sunday preceding an election,] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, a person who because of illness, disability or for other good cause shown requires assistance to complete an application to register to vote may request the county clerk in writing or by telephone to register the person at the person’s residence. Upon request, the county clerk shall direct the appropriate field registrar to go to the home of such a person to register the person to vote.

      Sec. 14.4. NRS 293.524 is hereby amended to read as follows:

      293.524  1.  The Department of Motor Vehicles shall provide an application to register to vote to each person who applies for the issuance or renewal of any type of driver’s license or identification card issued by the Department.

      2.  The county clerk shall use the applications to register to vote which are signed and completed pursuant to subsection 1 to register applicants to vote or to correct information in the registrar of voters’ register. An application that is not signed must not be used to register or correct the registration of the applicant.

      3.  For the purposes of this section, each employee specifically authorized to do so by the Director of the Department may oversee the completion of an application. The authorized employee shall check the application for completeness and verify the information required by the application. Each application must include a duplicate copy or receipt to be retained by the applicant upon completion of the form. The Department shall, except as otherwise provided in this subsection, forward each application on a weekly basis to the county clerk or, if applicable, to the registrar of voters of the county in which the applicant resides. The applications must be forwarded daily during the 2 weeks immediately preceding the [fifth Sunday preceding an election.] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable.

      4.  The county clerk shall accept any application to register to vote which is obtained from the Department of Motor Vehicles pursuant to this section and completed by the [fifth Sunday preceding an election] last day to register to vote by mail pursuant to NRS 293.560 or 293C.527, as applicable, if the county clerk receives the application not later than 5 days after that date. Upon receipt of an application, the county clerk or field registrar of voters shall determine whether the application is complete. If the county clerk or field registrar of voters determines that the application is complete, he or she shall notify the applicant and the applicant shall be deemed to be registered as of the date of the submission of the application. If the county clerk or field registrar of voters determines that the application is not complete, he or she shall notify the applicant of the additional information required. The applicant shall be deemed to be registered as of the date of the initial submission of the application if the additional information is provided within 15 days after the notice for the additional information is mailed. If the applicant has not provided the additional information within 15 days after the notice for the additional information is mailed, the incomplete application is void.

 


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15 days after the notice for the additional information is mailed, the incomplete application is void. Any notification required by this subsection must be given by mail at the mailing address on the application not more than 7 working days after the determination is made concerning whether the application is complete.

      5.  The county clerk shall use any form submitted to the Department to correct information on a driver’s license or identification card to correct information in the registrar of voters’ register, unless the person indicates on the form that the correction is not to be used for the purposes of voter registration. The Department shall forward each such form to the county clerk or, if applicable, to the registrar of voters of the county in which the person resides in the same manner provided by subsection 3 for applications to register to vote.

      6.  Upon receipt of a form to correct information, the county clerk shall compare the information to that contained in the registrar of voters’ register. If the person is a registered voter, the county clerk shall correct the information to reflect any changes indicated on the form. After making any changes, the county clerk shall notify the person by mail that the records have been corrected.

      7.  The Secretary of State shall, with the approval of the Director, adopt regulations to:

      (a) Establish any procedure necessary to provide an elector who applies to register to vote pursuant to this section the opportunity to do so;

      (b) Prescribe the contents of any forms or applications which the Department is required to distribute pursuant to this section; and

      (c) Provide for the transfer of the completed applications of registration from the Department to the appropriate county clerk for inclusion in the rosters and registrar of voters’ register.

      Sec. 14.6. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [, registration must close on] :

      (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary or general election.

             (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the third Tuesday preceding [any] the primary or general election . [and on]

             (3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the first day of the period for early voting.

      (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any means is the third Saturday preceding [any] the recall or special election . [, except that if a recall or special election is held on the same day as a primary or general election, registration must close on the third Tuesday preceding the day of the elections.]

      2.  For a primary or special election, the office of the county clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m. during the last 2 days [before registration closes] a person may register to vote in person if approved by the board of county commissioners.

 


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last 2 days [before registration closes] a person may register to vote in person if approved by the board of county commissioners.

      3.  For a general election:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

      (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which [registration is open,] a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that registration will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      5.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      6.  [For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only:

      (a) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035; or

      (b) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

      7.]  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      Sec. 14.8.NRS 293.565 is hereby amended to read as follows:

      293.565  1.  Except as otherwise provided in subsection 3, sample ballots must include:

      (a) If applicable, the statement required by NRS 293.267;

      (b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.015, 295.095 or 295.230 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 295.121 or 295.230, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

 


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statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

      (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252 or 295.121; and

      (e) The full text of each proposed constitutional amendment.

      2.  If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the

candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.

      3.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

      (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

      (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

      (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

      4.  A county clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a county clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the county clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      5.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 4, the county clerk shall distribute the sample ballot to the registered voter by mail.

      6.  [Before] Except as otherwise provided in subsection 7, before the period for early voting for any election begins, the county clerk shall distribute to each registered voter in the county by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

      7.  If a person registers to vote less than 20 days before the date of an election, the county clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.

 


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      8.  Except as otherwise provided in subsection [8,] 9, a sample ballot required to be distributed pursuant to this section must:

      (a) Be prepared in at least 12-point type; and

      (b) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [8.]9.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [9.]10.  The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at least 14-point type, or larger when practicable.

      [10.]11.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots distributed to that person from the county are in large type.

      [11.]12.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.

      [12.]13.  The cost of distributing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

      Sec. 15. NRS 293C.305 is hereby amended to read as follows:

      293C.305  1.  The city clerk shall prepare an absent ballot for the use of registered voters who have requested absent ballots. The city clerk shall make reasonable accommodations for the use of the absent ballot by a person who is elderly or disabled, including, without limitation, by providing, upon request, the absent ballot in 12-point type to a person who is elderly or disabled.

      2.  The ballot must be prepared and ready for distribution to a registered voter who:

      (a) Except as otherwise provided in paragraph (b), resides within or outside this State, not later than 20 days before the election in which it will be used.

 


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      (b) Requested an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. §§ 1973ff] 52 U.S.C. §§ 20301 et seq., not later than 45 days before the election.

      3.  Any legal action that would prevent the ballot from being issued pursuant to subsection 2 is moot and of no effect.

      Sec. 15.5. NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300 [, registration must close on] :

      (a) For a primary city election or general city election, or a recall or special election that is held on the same day as a primary city election or general city election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary city election or general city election.

             (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the third Tuesday preceding [any] the primary city election or general city election . [and on]

             (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters and:

                   (I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the Thursday preceding the first day of the period for early voting.

                   (II) The governing body of the city has not provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the third Tuesday preceding any primary city election or general city election.

      (b) If a recall or special election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special election by any means is the third Saturday preceding [any] the recall or special election . [, except that if a recall or special election is held on the same day as a primary city election or general city election, registration must close on the third Tuesday preceding the day of the elections.]

      2.  For a primary city election or special city election, the office of the city clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      3.  For a general election:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which [registration is open.] a person may register to vote in person. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which [registration is open,] a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

 


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      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that registration will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      5.  [For the period beginning on the fifth Sunday preceding any primary city election or general city election and ending on the third Tuesday preceding any primary city election or general city election, an elector may register to vote only:

      (a) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520; or

      (b) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters.

      6.]  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      Sec. 15.7. NRS 293C.530 is hereby amended to read as follows:

      293C.530  1.  A city clerk may establish a system for distributing sample ballots by electronic means to each registered voter who elects to receive a sample ballot by electronic means. Such a system may include, without limitation, electronic mail or electronic access through an Internet website. If a city clerk establishes such a system and a registered voter elects to receive a sample ballot by electronic means, the city clerk shall distribute the sample ballot to the registered voter by electronic means pursuant to the procedures and requirements set forth by regulations adopted by the Secretary of State.

      2.  If a registered voter does not elect to receive a sample ballot by electronic means pursuant to subsection 1, the city clerk shall distribute the sample ballot to the registered voter by mail.

      3.  [Before] Except as otherwise provided in subsection 4, before the period for early voting for any election begins, the city clerk shall distribute to each registered voter in the city by mail or electronic means, as applicable, the sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

      (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before distributing the sample ballots; or

      (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 


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      4.  If a person registers to vote less than 20 days before the date of an election, the city clerk is not required to distribute to the person the sample ballot for that election by mail or electronic means.

      5.  Except as otherwise provided in subsection [6,] 7, a sample ballot required to be distributed pursuant to this section must:

      (a) Be prepared in at least 12-point type;

      (b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 295.205 or 295.217; and

      (c) Include on the front page, in a separate box created by bold lines, a notice prepared in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

      [5.]6.  The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.

      [6.]7.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

      [7.]8.  The sample ballot distributed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be prepared in at least 14-point type, or larger when practicable.

      [8.]9.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots distributed to that person from the city are in large type.

      [9.]10.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

      (a) The addresses of such centralized voting locations;

      (b) The types of specially equipped voting devices available at such centralized voting locations; and

      (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.

      [10.]11.  The cost of distributing sample ballots for a city election must be borne by the city holding the election.

      Sec. 16. NRS 293D.050 is hereby amended to read as follows:

      293D.050  “Military-overseas ballot” means:

 


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      1.  A federal write-in absentee ballot described in section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff-2;] 52 U.S.C. § 20303;

      2.  A ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

      3.  Any other ballot cast by a covered voter in accordance with this chapter.

      Sec. 17. NRS 293D.110 is hereby amended to read as follows:

      293D.110  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff] 52 U.S.C. §§ 20301 et seq.

      Sec. 18. NRS 293D.200 is hereby amended to read as follows:

      293D.200  1.  The Secretary of State shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.

      2.  The Secretary of State shall establish a system of approved electronic transmission through which covered voters may apply for, receive and send documents and other information pursuant to this chapter. The system of approved electronic transmission must include, without limitation, a method by which a covered voter may provide his or her digital signature or electronic signature on any document or other material that is necessary for the covered voter to register to vote, apply for a military-overseas ballot or cast a military-overseas ballot pursuant to this chapter.

      3.  The Secretary of State shall develop standardized absentee-voting materials, including, without limitation, privacy and transmission envelopes and their electronic equivalents, authentication materials and voting instructions, to be used with the military-overseas ballot of a covered voter authorized to vote in any jurisdiction in this State and, to the extent reasonably possible, shall do so in coordination with other states.

      4.  The Secretary of State shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the covered voter’s identity, eligibility to vote, status as a covered voter and timely and proper completion of a military-overseas ballot. The declaration must be based on the declaration prescribed to accompany a federal write-in absentee ballot under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff-2,] 52 U.S.C. § 20303, as modified to be consistent with this chapter. The Secretary of State shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

      5.  The Secretary of State shall prescribe by regulation the duties of a local elections official upon receipt of a military-overseas ballot, including, without limitation, the procedures to be used by a local elections official in accepting, handling and counting a military-overseas ballot.

      Sec. 19. NRS 293D.230 is hereby amended to read as follows:

      293D.230  1.  In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff(b)(2),] 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, to apply to register to vote.

 


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ê2017 Statutes of Nevada, Page 3344 (Chapter 505, AB 45)ê

 

Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff(b)(2),] 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, to apply to register to vote.

      2.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff-2,] 52 U.S.C. § 20303, to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the seventh day before the election. If the declaration is received after the seventh day before the election, it must be treated as an application to register to vote for subsequent elections.

      3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting:

      (a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  The covered voter may use the system of approved electronic transmission or any other method set forth in chapter 293 of NRS to register to vote.

      Sec. 20. NRS 293D.300 is hereby amended to read as follows:

      293D.300  1.  A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff(b)(2),] 52 U.S.C. § 20301(b)(2), or the application’s electronic equivalent, pursuant to this section.

      2.  A covered voter who is not registered to vote in this State may use the federal postcard application or the application’s electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot.

      3.  The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:

      (a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and

      (b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).

      4.  A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.

      5.  A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff-2,] 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate local elections official by the seventh day before the election.

      6.  To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter.

 


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ê2017 Statutes of Nevada, Page 3345 (Chapter 505, AB 45)ê

 

Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:

      (a) The use of a federal postcard application or federal write-in absentee ballot;

      (b) The use of an overseas address on an approved voting registration application or ballot application; and

      (c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.

      7.  This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of NRS 293.315 or voting in person.

      Sec. 21. NRS 293D.320 is hereby amended to read as follows:

      293D.320  1.  For all covered elections for which this State has not received a waiver pursuant to section 579 of the Military and Overseas Voter Empowerment Act, [42 U.S.C. § 1973ff-1(g)(2),] 52 U.S.C. § 20302(g)(2), not later than 45 days before the election or, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, the local elections official in each jurisdiction charged with distributing military-overseas ballots and balloting materials shall transmit military-overseas ballots and balloting materials to all covered voters who by that date submit a valid application for military-overseas ballots.

      2.  A covered voter who requests that a military-overseas ballot and balloting materials be sent to the covered voter by approved electronic transmission may choose to receive the military-overseas ballot and balloting materials by:

      (a) Facsimile transmission;

      (b) Electronic mail delivery; or

      (c) The system of approved electronic transmission that is established by the Secretary of State pursuant to subsection 2 of NRS 293D.200.

Ê The local elections official in each jurisdiction shall transmit the military-overseas ballot and balloting materials to the covered voter using the means of approved electronic transmission chosen by the covered voter.

      3.  If an application for a military-overseas ballot from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to other voters, the local elections official shall transmit the military-overseas ballot and balloting materials to the covered voter not later than 2 business days after the application arrives.

      Sec. 22. NRS 293D.410 is hereby amended to read as follows:

      293D.410  1.  Except as otherwise provided in subsection 2, a covered voter may use the federal write-in absentee ballot, in accordance with section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, [42 U.S.C. § 1973ff-2,] 52 U.S.C. § 20303, to vote for all offices and ballot measures in an election.

      2.  If the covered voter indicates on the federal write-in absentee ballot that he or she is residing overseas indefinitely, the covered voter may only use the federal write-in absentee ballot to vote for federal offices.

      Sec. 23. NRS 293D.530 is hereby amended to read as follows:

      293D.530  If a covered voter’s mistake or omission in the completion of a document under this chapter does not prevent determining whether a covered voter is eligible to vote, the mistake or omission does not invalidate the document. Failure to satisfy a nonessential requirement, including, without limitation, using paper or envelopes of a specified size or weight, does not invalidate any document submitted under this chapter.

 


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does not invalidate any document submitted under this chapter. In any write-in ballot authorized by this chapter, if the intention of the covered voter is discernable under this State’s uniform definition of what constitutes a vote, as required by the Help America Vote Act of 2002, [42 U.S.C. § 15481(a)(6),] 52 U.S.C. § 21081(a)(6), an abbreviation, misspelling or other minor variation in the form of the name of a candidate or a political party must be accepted as a valid vote.

      Sec. 23.5. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Election year” means, with regard to a:

      1.  Candidate, the calendar year in which the primary election and general election are held for the public office for which the candidate is seeking election or intends to seek election.

      2.  Question on the ballot, the calendar year in which the election is held for the question.

      Sec. 23.7. NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.0025 to 294A.014, inclusive, and section 23.5 of this act have the meanings ascribed to them in those sections.

      Sec. 24. NRS 294A.120 is hereby amended to read as follows:

      294A.120  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:

      (a) Each contribution in excess of $100 received during the period;

      (b) Contributions received during the period from a contributor which cumulatively exceed $100; and

      (c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b).

Ê The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

      2.  Every candidate for office at a primary election or general election shall, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each contribution described in subsection 1 received during the period.

 


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      3.  Except as otherwise provided in subsections 4 , [and] 5 and 6, and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in subsection 1 received during the period.

      4.  Except as otherwise provided in [subsection] subsections 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through the 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in subsection 1 received during the period.

      5.  Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution described in subsection 1. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      6.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution described in subsection 1 received during the period.

 


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recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution described in subsection 1 received during the period.

      [6.]7. Except as otherwise provided in NRS 294A.3733, reports of contributions must be filed electronically with the Secretary of State.

      [7.]8. A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [8.]9. The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      Sec. 24.2. NRS 294A.120 is hereby amended to read as follows:

      294A.120  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of [each] the election year, for the period [from] beginning January 1 of the previous year [through] and ending on December 31 of the previous year, report:

      (a) Each contribution in excess of $100 received during the period;

      (b) Contributions received during the period from a contributor which cumulatively exceed $100; [and]

      (c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b) [.

Ê The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.] ; and

      (d) The balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      2.  [Every] In addition to the requirements set forth in subsection 1, every candidate for office at a primary election or general election shall, not later than:

      (a) [Twenty-one days before the primary election for that office,] April 15 of the election year, for the period [from the] beginning January 1 [immediately preceding the primary election through 25 days before the primary election;] and ending on March 31 of the election year;

      (b) [Four days before the primary election for that office,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election for that office,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

      (d) [Four days before the general election for that office,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

 

 


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Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period [.] and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      3.  Except as otherwise provided in subsections 4, 5 and 6, and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period [.] and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      4.  Except as otherwise provided in subsections 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through the 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period [.] and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      5.  Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

 


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      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      6.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period [.] and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      7.  In addition to complying with the applicable requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year, report the information described in paragraphs (a) to (d), inclusive, of subsection 1 for the period beginning January 1 of the previous year and ending on December 31 of the previous year. The provisions of this subsection apply to the candidate until the year immediately preceding the next election year for that office. Nothing in this subsection:

      (a) Requires the candidate to report information described in paragraphs (a) to (d), inclusive, of subsection 1 that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive; or

      (b) Authorizes the candidate to not comply with the applicable requirements of subsections 1 to 6, inclusive, if he or she becomes a candidate for another office at a primary election, general election or special election during his or her term of office.

      8.  Except as otherwise provided in NRS 294A.3733, reports of contributions must be filed electronically with the Secretary of State.

      [8.]9.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      10.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      Sec. 24.5. NRS 294A.125 is hereby amended to read as follows:

      294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120 and 294A.200, a candidate who receives contributions in any year before the year in which the general election in which the candidate intends to seek election to public office is held shall, for:

      (a) The year in which the candidate receives contributions in excess of $10,000, list:

             (1) Each of the contributions received and the expenditures in excess of $100 made in that year; [and]

 


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             (2) The total of all contributions received and expenditures which are $100 or less [.] ; and

             (3) The balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the reporting period.

      (b) Each year after the year in which the candidate received contributions in excess of $10,000, until the year of the general election in which the candidate intends to seek election to public office is held, list:

             (1) Each of the contributions received and the expenditures in excess of $100 made in that year; [and]

             (2) The total of all contributions received and expenditures which are $100 or less [.] ; and

             (3) The balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the reporting period.

      2.  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

      3.  Except as otherwise provided in NRS 294A.3733, the report must be filed electronically with the Secretary of State.

      4.  A report shall be deemed to be filed on the date it was received by the Secretary of State.

      Sec. 25. NRS 294A.140 is hereby amended to read as follows:

      294A.140  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply, for the period from January 1 of the previous year through December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

      3.  Every person, committee and political party described in subsection 1 shall, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

 


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Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5 , [and] 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      5.  Except as otherwise provided in [subsection] subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such special elections shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution in excess of $1,000 received and contributions received which cumulatively exceed $1,000.

 


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determined to be legally insufficient, report each contribution in excess of $1,000 received and contributions received which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

      [7.]8.  Except as otherwise provided in NRS 294A.3737, the reports of contributions required pursuant to this section must be filed electronically with the Secretary of State.

      [8.]9.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [9.]10.  Every person, committee and political party described in this section shall file a report required by this section even if the person, committee or political party receives no contributions.

      [10.]11.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of $1,000 since the beginning of the current reporting period.

      Sec. 25.2. NRS 294A.140 is hereby amended to read as follows:

      294A.140  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of [each] the election year , [that the provisions of this subsection apply,] for the period [from] beginning January 1 of the previous year [through] and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

 


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the period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The provisions of this subsection apply to the person, committee or political party beginning the year of the general election for that office through the year immediately preceding the next general election for that office.]

      3.  [Every] In addition to the requirements set forth in subsection 2, every person, committee and political party described in subsection 1 shall, not later than:

      (a) [Twenty-one days before the primary election for that office,] April 15 of the election year, for the period [from the] beginning January 1 [immediately preceding the primary election through 25 days before the primary election;] and ending on March 31 of the election year;

      (b) [Four days before the primary election for that office,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election for that office,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

      (d) [Four days before the general election for that office,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5, 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      5.  Except as otherwise provided in subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such special elections shall, not later than:

 


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      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution in excess of $1,000 received and contributions received which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

      8.  In addition to complying with the applicable requirements of subsections 2 to 7, inclusive, a person, committee or political party described in subsection 1 must, not later than January 15 of each year that is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

 


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is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. Nothing in this subsection:

      (a) Requires the person, committee or political party to report information that has previously been reported in a timely manner pursuant to subsections 2 to 7, inclusive; or

      (b) Authorizes the person, committee or political party to not comply with any applicable requirement set forth in subsections 2 to 7, inclusive.

      9.  Except as otherwise provided in NRS 294A.3737, the reports of contributions required pursuant to this section must be filed electronically with the Secretary of State.

      [9.]10.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [10.]11.  Every person, committee and political party described in this section shall file a report required by this section even if the person, committee or political party receives no contributions.

      12.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of $1,000 since the beginning of the current reporting period.

      Sec. 25.4. NRS 294A.150 is hereby amended to read as follows:

      294A.150  1.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election or general election shall, not later than January 15 of [each] the election year , [that the provisions of this subsection apply to the committee for political action,] for the period [from] beginning January 1 of the previous year [through] and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The provisions of this subsection apply to the committee for political action:

      (a) Each year in which an election is held for each question for which the committee for political action advocates passage or defeat; and

      (b) The year after the year described in paragraph (a).]

      2.  [A] In addition to the requirements set forth in subsection 1, the committee for political action [described in subsection 1] shall, not later than:

      (a) [Twenty-one days before the primary election,] April 15 of the election year, for the period [from the] beginning January 1 [immediately preceding the primary election through 25 days before the primary election;] and ending on March 31 of the election year;

      (b) [Four days before the primary election,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

 


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      (d) [Four days before the general election,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      3.  Except as otherwise provided in NRS 294A.223, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date that the question qualified for the ballot through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      4.  The provisions of this section apply to a committee for political action even if the question or group of questions that the committee for political action advocates the passage or defeat of is removed from the ballot by a court order or otherwise does not appear on the ballot at a primary, general or special election.

      5.  Except as otherwise provided in NRS 294A.3737, the reports required pursuant to this section must be filed electronically with the Secretary of State.

      6.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      7.  If the committee for political action is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.

      Sec. 26. NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:

      (a) Each of the campaign expenses in excess of $100 incurred during the period;

      (b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 during the period;

      (c) The total of all campaign expenses incurred during the period which are $100 or less; and

      (d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 which are $100 or less.

      2.  The provisions of subsection 1 apply to the candidate:

      (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

      (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286.

 


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      3.  Every candidate for office at a primary election or general election shall, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      4.  Except as otherwise provided in subsections 5 , [and] 6 and 7 and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      5.  Except as otherwise provided in [subsection] subsections 6 and 7 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period.

 


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filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each of the campaign expenses described in subsection 1 incurred during the period.

      [7.]8.  Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.

      [8.]9.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 26.5. NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of [each] the election year, for the period [from] beginning January 1 of the previous year [through] and ending on December 31 of the previous year, report:

      (a) Each of the campaign expenses in excess of $100 incurred during the period;

      (b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 during the period;

      (c) The total of all campaign expenses incurred during the period which are $100 or less; and

      (d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 which are $100 or less.

      2.  [The provisions of subsection 1 apply to the candidate:

      (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

      (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286.

      3.  Every] In addition to the requirements set forth in subsection 1, every candidate for office at a primary election or general election shall, not later than:

      (a) [Twenty-one days before the primary election for that office,] April 15 of the election year, for the period [from the January 1 immediately preceding the primary election through 25 days before the primary election;] beginning January 1 and ending on March 31 of the election year;

      (b) [Four days before the primary election for that office,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

 


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through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election for that office,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

      (d) [Four days before the general election for that office,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      [4.]3.  Except as otherwise provided in subsections [5, 6 and 7] 4, 5 and 6 and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      [5.]4.  Except as otherwise provided in subsections [6 and 7] 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      [6.]5.  Except as otherwise provided in subsection [7,] 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

 


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ê2017 Statutes of Nevada, Page 3361 (Chapter 505, AB 45)ê

 

provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      [7.]6.  If a district court determines that a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each of the campaign expenses described in subsection 1 incurred during the period.

      7.  In addition to complying with the applicable reporting requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year, report each of the campaign expenses described in subsection 1 incurred during the period beginning January 1 of the previous year and ending on December 31 of the previous year. The provisions of this subsection apply to the candidate until the year immediately preceding the next election year for that office. Nothing in this section:

      (a) Requires the candidate to report a campaign expense that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive; or

      (b) Authorizes the candidate to not comply with the applicable requirements of subsections 1 to 6, inclusive, if he or she becomes a candidate for another office at a primary election, general election or special election during his or her term office.

      8.  If a candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286 in any calendar year for which the candidate is not required to file a report pursuant to other provisions of this section, the candidate shall on or before January 15 of the following year, for the period beginning January 1 and ending on December 31 of the calendar year, report:

      (a) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or 294A.286 during the period; and

      (b) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or 294A.286 which are $100 or less.

      9.  Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.

      10.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 27.  NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

 


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      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee or political party, for the period from January 1 of the previous year through December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

      3.  Every person, committee and political party described in subsection 1 shall, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5 , [and] 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

 


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      5.  Except as otherwise provided in [subsection] subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

 


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ê2017 Statutes of Nevada, Page 3364 (Chapter 505, AB 45)ê

 

recall through the date of the district court’s order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      [7.]8.  Independent expenditures and other expenditures made within the State or made elsewhere but for use within the State, including independent expenditures and other expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      [8.]9.  Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.

      [9.]10.  If an independent expenditure or other expenditure, as applicable, is made for or against a group of candidates, the reports must be itemized by the candidate.

      [10.]11.  A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.

      Sec. 27.1. NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of [each] the election year , [that the provisions of this subsection apply to the person, committee or political party,] for the period [from] beginning January 1 of the previous year [through] and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. [The provisions of this subsection apply to the person, committee or political party beginning the year of the general election for that office through the year immediately preceding the next general election for that office.]

      3.  [Every] In addition to the requirements set forth in subsection 2, every person, committee and political party described in subsection 1 shall, not later than:

      (a) [Twenty-one days before the primary election for that office,] April 15 of the election year, for the period [from the January 1 immediately preceding the primary election through 25 days before the primary election;] beginning January 1 and ending on March 31 of the election year;

      (b) [Four days before the primary election for that office,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election for that office,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

 


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primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

      (d) [Four days before the general election for that office,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5, 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      5.  Except as otherwise provided in subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period.

 


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provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      8.  In addition to complying with the applicable requirements of subsections 2 to 7, inclusive, a person, committee or political party described in subsection 1 must, not later than January 15 of each year that is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. Nothing in this subsection:

      (a) Requires the person, committee or political party to report information that has previously been reported in a timely manner pursuant to subsections 2 to 7, inclusive; or

      (b) Authorizes the person, committee or political party to not comply with any applicable requirement set forth in subsections 2 to 7, inclusive.

      9.  Independent expenditures and other expenditures made within the State or made elsewhere but for use within the State, including independent expenditures and other expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

 


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      [9.]10.  Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.

      [10.]11.  If an independent expenditure or other expenditure, as applicable, is made for or against a group of candidates, the reports must be itemized by the candidate.

      [11.]12.  A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.

      Sec. 27.11. NRS 294A.220 is hereby amended to read as follows:

      294A.220  1.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election or general election shall, not later than January 15 of [each] the election year , [that the provisions of this subsection apply to the committee for political action,] for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000. [The provisions of this subsection apply to the committee for political action:

      (a) Each year in which an election is held for a question for which the committee for political action advocates passage or defeat; and

      (b) The year after the year described in paragraph (a).]

      2.  [A] In addition to the requirements set forth in subsection 1, the committee for political action [described in subsection 1] shall, not later than:

      (a) [Twenty-one days before the primary election,] April 15 of the election year, for the period [from the] beginning January 1 [immediately preceding the primary election through 25 days before the primary election;] and ending on March 31 of the election year;

      (b) [Four days before the primary election,] July 15 of the election year, for the period [from 24 days before the primary election through 5 days before the primary election;] beginning April 1 and ending on June 30 of the election year;

      (c) [Twenty-one days before the general election,] October 15 of the election year, for the period [from 4 days before the primary election through 25 days before the general election;] beginning July 1 and ending on September 30 of the election year; and

      (d) [Four days before the general election,] January 15 of the year immediately following the election year, for the period [from 24 days before the general election through 5 days before the general election,] beginning October 1 and ending on December 31 of the election year,

Ê report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000.

      3.  Except as otherwise provided in NRS 294A.223, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the question qualified for the ballot through 5 days before the beginning of early voting by personal appearance for the special election;

 


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qualified for the ballot through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made during the period for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 and such expenditures made during the period to one recipient that cumulatively exceed $1,000.

      4.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      5.  The provisions of this section apply to a committee for political action even if the question or group of questions that the committee for political action advocates the passage or defeat of is removed from the ballot by a court order or otherwise does not appear on the ballot at a primary, general or special election.

      6.  Except as otherwise provided in NRS 294A.3737, reports required pursuant to this section must be filed electronically with the Secretary of State.

      7.  If an expenditure is made for or against a group of questions, the reports must be itemized by question or petition.

      8.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 27.2. NRS 294A.365 is hereby amended to read as follows:

      294A.365  1.  Each report required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.

      2.  The categories of campaign expense or expenditure for use on the report of campaign expenses or expenditures are:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund;

      (j) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid;

      (k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;

 


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committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;

      (l) Fees for filing declarations of candidacy or acceptances of candidacy;

      (m) Repayments or forgiveness of loans;

      (n) The disposal of unspent contributions pursuant to NRS 294A.160; and

      (o) Other miscellaneous expenses.

      3.  Each report of campaign expenses or expenditures described in subsection 1 must [list] :

      (a) List the disposition of any unspent contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection 3 of NRS 294A.286, as applicable [.] ; and

      (b) For any campaign expense or expenditure that is paid for using a credit card or debit card, itemize each transaction and identify the business or other entity from whom the purchase of the campaign expense or expenditure was made.

      Secs. 28 and 29. (Deleted by amendment.)

      Sec. 30. Chapter 295 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A petition for initiative or referendum may be withdrawn if a person authorized pursuant to NRS 295.015 to withdraw the petition submits a notice of withdrawal to the Secretary of State on a form prescribed by the Secretary of State.

      2.  Once a petition for initiative or referendum is withdrawn pursuant to subsection 1, no further action may be taken on that petition.

      Sec. 31. NRS 295.015 is hereby amended to read as follows:

      295.015  1.  Before a petition for initiative or referendum may be presented to the registered voters for their signatures, the person who intends to circulate the petition must:

      (a) File a copy of the petition for initiative or referendum, including the description required pursuant to NRS 295.009, [must be placed on file] with the Secretary of State.

      (b) Submit to the Secretary of State on a form prescribed by the Secretary of State:

             (1) The name and signature of the person.

             (2) If the person has formed a committee for political action for the purposes of advocating the passage of the initiative or referendum, the name of that committee for political action.

             (3) The names of not more than three persons who are authorized to withdraw the petition or submit an amended petition.

      2.  If a petition for initiative or referendum or a description of the effect of an initiative or referendum required pursuant to NRS 295.009 is amended after the petition is placed on file with the Secretary of State pursuant to subsection 1:

      (a) The revised petition must be placed on file with the Secretary of State before it is presented to the registered voters for their signatures;

      (b) Any signatures that were collected on the original petition before it was amended are not valid; and

      (c) The requirements for submission of the petition to each county clerk set forth in NRS 295.056 apply to the revised petition.

 


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      3.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 or 2:

      (a) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine if the initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Division must prepare a fiscal note that includes an explanation of any such effect.

      (b) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.

      4.  Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1 or 2, the Secretary of State shall post a copy of the petition, including the description required pursuant to NRS 295.009, any fiscal note prepared pursuant to subsection 3 and any suggestions made by the Legislative Counsel pursuant to subsection 3, on the Secretary of State’s Internet website.

      Sec. 32. NRS 295.056 is hereby amended to read as follows:

      295.056  1.  Before a petition for initiative or referendum is filed with the Secretary of State, the petitioners must submit to each county clerk for verification pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within the clerk’s county. The clerks shall give the person submitting a document or documents a receipt stating the number of documents and pages and the person’s statement of the number of signatures contained therein.

      2.  If a petition for initiative proposes a statute or an amendment to a statute, the document or documents must be submitted not later than :

      (a) Except as otherwise provided in paragraph (b), the second Tuesday in November of an even-numbered year.

      (b) If the second Tuesday in November of an even-numbered year is the day of the general election, the next working day after the general election.

      3.  If a petition for initiative proposes an amendment to the Constitution, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.

      4.  If the petition is for referendum, the document or documents must be submitted not later than the third Tuesday in June of an even-numbered year.

      5.  All documents which are submitted to a county clerk for verification must be submitted at the same time. If documents concerning the same petition are submitted for verification to more than one county clerk, the documents must be submitted to each county clerk on the same day. At the time that the petition is submitted to a county clerk for verification, the petitioners may designate a contact person who is authorized by the petitioners to address questions or issues relating to the petition.

      Sec. 33. (Deleted by amendment.)

 


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      Sec. 34. NRS 298.109 is hereby amended to read as follows:

      298.109  1.  A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on the second Friday in August in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the Secretary of State a declaration of candidacy and a petition of candidacy, in which the person must also designate a nominee for Vice President. The petition must be signed by a number of registered voters equal to not less than 1 percent of the total number of votes cast at the last preceding general election for candidates for the offices of Representative in Congress and must request that the names of the proposed candidates be placed on the ballot at the general election that year. The candidate shall file a copy of the petition the person intends to circulate for signatures with the Secretary of State [.] before the petition may be circulated for signatures.

      2.  The petition may consist of more than one document. Each document must bear the name of a county and only registered voters of that county may sign the document. The documents which are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition of candidacy with the Secretary of State pursuant to subsection 1. Each person signing shall add to his or her signature the address of the place at which he or she resides, the date that he or she signs and the name of the county wherein he or she is registered to vote. Each document of the petition must also contain the affidavit of the person who circulated the document that all signatures thereon are genuine to the best of the person’s knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

      3.  If the candidacy of any person who seeks to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed with the First Judicial District Court not later than 5 p.m. on the fourth Tuesday in August. Any judicial proceeding relating to the challenge must be set for hearing not later than 5 days after the fourth Tuesday in August.

      4.  The county clerk shall not disqualify the signature of a voter who fails to provide all the information required by this section if the voter is registered in the county named on the document.

      Secs. 35-38. (Deleted by amendment.)

      Sec. 39.  1.  This section and sections 1 to 23, inclusive, 24, 25, 26, 27, 28, 29 and 30 to 38, inclusive, of this act become effective on July 1, 2017.

      2.  Sections 23.5, 23.7, 24.2, 24.5, 25.2, 25.4, 26.5, 27.1, 27.11 and 27.2 of this act become effective on:

      (a) January 1, 2018, 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

      (b) January 1, 2019, for all other purposes.

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CHAPTER 506, AB 49

Assembly Bill No. 49–Committee on Education

 

CHAPTER 506

 

[Approved: June 9, 2017]

 

AN ACT relating to education; revising the requirements for a charter school to be eligible to be rated using the alternative performance framework; prohibiting certain actions relating to written charters and charter contracts; creating a process for filing complaints regarding charter schools which are sponsored by the State Public Charter School Authority; requiring a charter school to give written notice to the parent or legal guardian of each pupil and take certain actions after the occurrence of certain events; establishing a process for a charter school to have an expedited review to become a qualified provider of an alternative route to licensure; prohibiting a member of the State Public Charter School Authority from engaging in certain acts; revising provisions relating to the appointment of the Executive Director of the Authority; revising various other provisions relating to charter schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the sponsor of a charter school to amend a written charter or charter contract upon the request of the governing body of a charter school. (NRS 388A.276) Existing law also requires the State Board of Education to adopt regulations which prescribe an alternative performance framework to evaluate certain schools which serve certain populations and prescribes eligibility requirements for a school to be rated using the alternative performance framework. (NRS 385A.730, 385A.740) Sections 1 and 2 of this bill establish additional eligibility requirements for a charter school to be rated using the alternative performance framework. Section 11 of this bill provides for the amendment of a written charter or charter contract or the execution of a charter contract of a charter school to comply with the requirements of sections 1 and 2. Section 25 of this bill allows the formation of a charter school dedicated to providing educational services exclusively to pupils described in section 1.

      Existing law provides for the formation and operation of charter schools in this State. (Chapter 388A of NRS) Existing law authorizes the State Public Charter School Authority or, with the approval of the Department of Education, the board of trustees of a school district or a college or university within the Nevada System of Higher Education to sponsor a charter school. (NRS 388A.220) For any charter school approved before June 11, 2013, existing law requires the sponsor of the charter school to grant a written charter to the governing body of the charter school. For any charter school approved on or after that date, existing law requires the sponsor to enter into a charter contract with the governing body of the charter school. (NRS 388A.270) Section 4 of this bill: (1) provides that a written charter or charter contract is not assignable or transferable and may not be delegated to a third party; and (2) prohibits the use of a written charter or charter contract as security for a loan. Section 5 of this bill requires a charter school to designate any

information submitted to the sponsor of the charter school that is intended to remain confidential and requires the sponsor to determine whether such information should be declared confidential. Sections 5.5-10 of this bill provide for the filing, investigation and resolution of complaints regarding charter schools sponsored by the State Public Charter School Authority. Section 11.5 of this bill requires a charter school to give written notice to the parent or legal guardian of each pupil and take certain actions upon the occurrence of certain events.

 


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certain actions upon the occurrence of certain events. Section 12.3 of this bill authorizes the governing body of a high-achieving charter school to submit a written request for the sponsor of the charter school to authorize the establishment of an experimental academic program or new school model at the school. Section 12.5 of this bill deems a charter school to be a political subdivision of this State for certain purposes relating to purchasing or leasing public land. Section 12.7 of this bill authorizes the State Public Charter School Authority to select not more than two charter schools sponsored by the Authority to act as a local educational agency for certain purposes. Section 13 of this bill requires the Department of Education to satisfy certain requirements before submitting an application for a grant which may result in the distribution of money to a charter school or a sponsor of a charter school.

      Existing law requires the Commission on Professional Standards in Education to adopt regulations providing for an alternative route to licensure for teachers and other educational personnel and establishing the requirements for approval as a qualified provider of such an alternate route. (NRS 391.019) Section 12 of this bill authorizes a charter school or charter management organization that meets certain requirements to request its sponsor or proposed sponsor to submit a request for an expedited review from the Commission of the application of the charter school or charter management organization to become a qualified provider. Section 12 also authorizes the sponsor or proposed sponsor of the charter school to include a request for a waiver by the Commission of any requirement not prescribed by existing law for the charter school or charter management organization.

      Existing law creates the State Public Charter School Authority, requires the Authority to appoint an Executive Director and authorizes the Authority to sponsor charter schools. (NRS 388A.150, 388A.190, 388A.220) Section 15 of this bill, with the exception of allowing not more than two members of the Authority to be teachers or administrators employed by certain charter schools or charter management organizations, prohibits a member of the Authority from actively engaging in business with or holding a direct pecuniary interest relating to charter schools. Section 16 of this bill revises the process for appointing and the qualifications required of the Executive Director of the Authority.

      Existing law authorizes the proposed sponsor of a charter school to review an application to form a charter school and approve the application if it satisfies certain requirements. (NRS 388A.249) Section 21 of this bill provides that the identity of each member of a team of reviewers assembled by the proposed sponsor of a charter school to review an application to form a charter school is confidential for a certain period of time after review of the application. Sections 14, 19, 20, 23, 24 and 26 of this bill make various other changes relating to charter schools.

 

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 385A.740 is hereby amended to read as follows:

      385A.740  1.  A public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730 must request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

      2.  The board of trustees of a school district or the sponsor of a charter school, as applicable, may apply to the State Board on behalf of a school for the school to be rated using the alternative performance framework by submitting a form prescribed by the Department.

 


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      3.  A public school is eligible to be rated using the alternative performance framework if:

      (a) The school specifies that the mission of the school is to serve pupils who:

             (1) Have been expelled or suspended from a public school, including, without limitation, a charter school;

             (2) Have been deemed to be a habitual disciplinary problem pursuant to NRS 392.4655;

             (3) Are academically disadvantaged;

             (4) Have been adjudicated delinquent;

             (5) Have been adjudicated to be in need of supervision for a reason set forth in NRS 62B.320; or

             (6) Have an individualized education program; and

      (b) At least 75 percent of the pupils enrolled at the school fall within one or more of the categories listed in paragraph (a).

      4.  In addition to the provisions of subsection 3, a charter school is eligible to be rated using the alternative performance framework if the charter school:

      (a) Specifies in its written charter or charter contract that:

             (1) The mission of the charter school is to serve primarily pupils who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3; and

             (2) The admissions policy of the charter school only allows the pupils identified in its mission statement to newly enroll in the charter school;

      (b) At the time of its application to be rated using the alternative performance framework, has an enrollment of at least 75 percent of pupils who are pupils identified in its mission statement; and

      (c) Completes any requirements to transition to the alternative performance framework required by the proposed sponsor of the charter school pursuant to section 11 of this act.

      5.  As used in this section, “academically disadvantaged” includes, without limitation, being retained in the same grade level two or more times or having a deficiency in the credits required to graduate on time.

      Sec. 2. NRS 385A.740 is hereby amended to read as follows:

      385A.740  1.  A public school, including, without limitation, a charter school, that wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730 must request the board of trustees of the school district or sponsor of the charter school, as applicable, to apply to the State Board on behalf of the school for approval to be rated using the alternative performance framework.

      2.  The board of trustees of a school district or the sponsor of a charter school, as applicable, may apply to the State Board on behalf of a school for the school to be rated using the alternative performance framework by submitting a form prescribed by the Department.

      3.  A public school is eligible to be rated using the alternative performance framework if:

      (a) The school specifies that the mission of the school is to serve pupils who:

             (1) Have been expelled or suspended from a public school, including, without limitation, a charter school;

 


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             (2) Have been deemed to be a habitual disciplinary problem pursuant to NRS 392.4655;

             (3) Are academically disadvantaged;

             (4) Have been adjudicated delinquent;

             (5) Have been adjudicated to be in need of supervision for a reason set forth in NRS 62B.320; or

             (6) Have an individualized education program; and

      (b) At least 75 percent of the pupils enrolled at the school fall within one or more of the categories listed in paragraph (a).

      4.  In addition to the provisions of subsection 3, a charter school is eligible to be rated using the alternative performance framework if the charter school:

      (a) Specifies in its [written charter or] charter contract that:

             (1) The mission of the charter school is to serve primarily pupils who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3; and

             (2) The admissions policy of the charter school only allows the pupils identified in its mission statement to newly enroll in the charter school;

      (b) At the time of its application to be rated using the alternative performance framework, has an enrollment of at least 75 percent of pupils who are pupils identified in its mission statement; and

      (c) Completes any requirements to transition to the alternative performance framework required by the proposed sponsor of the charter school pursuant to section 11 of this act.

      5.  As used in this section, “academically disadvantaged” includes, without limitation, being retained in the same grade level two or more times or having a deficiency in the credits required to graduate on time.

      Sec. 3. Chapter 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 13, inclusive, of this act.

      Sec. 4. 1.  A written charter issued by the sponsor of a charter school to the governing body of the charter school is not assignable or transferable and may not be delegated to a third party.

      2.  A charter contract entered into between the governing body of a charter school and the sponsor of the charter school is not assignable or transferable and may not be delegated to a third party.

      3.  A written charter or charter contract may not be used as security for any loan and shall be deemed to have no monetary value.

      4.  For the purpose of this section, an amendment to a written charter or charter contract which consolidates two or more charter schools, the restart of a charter school pursuant to NRS 388A.300 and the reconstitution of the governing body of a charter school pursuant to NRS 388A.330 do not constitute the assignment, transfer or delegation of a written charter or charter contract.

      Sec. 5. 1.  Except as otherwise provided in subsection 2, any information that is provided to the sponsor of the charter school by a charter management organization, a committee to form a charter school or a charter school is a public record that is subject to the provisions of chapter 239 of NRS.

      2.  A charter school must designate any information contained in a submission by the charter school to the sponsor of the charter school that is intended to remain confidential and request for the sponsor to declare such information confidential.

 


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such information confidential. Upon receipt of such a request, the sponsor of the charter school shall determine whether the designated information should be declared confidential. If the sponsor of the charter school determines the information should not be declared confidential, the sponsor must give the charter school an opportunity to redact such information. Except as otherwise provided in NRS 239.0115, if the sponsor of the charter school determines that the information should be declared confidential, the information is confidential and must not be disclosed.

      Sec. 5.5. The provisions of sections 5.5 to 10, inclusive, of this act apply only to a charter school which is sponsored by the State Public Charter School Authority.

      Sec. 6. 1.  Except as otherwise provided by federal law, a parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a written complaint relating to that charter school with the State Public Charter School Authority which alleges a violation of the provisions of this chapter, the written charter or charter contract of the charter school or any other provision of law or regulation relating to the management or operation of the charter school.

      2.  Upon receipt of a complaint filed pursuant to subsection 1, the State Public Charter School Authority shall investigate the allegations contained within the complaint, conduct a review to determine whether the charter school has complied with the provisions of this chapter, the written charter or charter contract and respond in writing to the complaining party within 30 days after receipt of the complaint. The staff of the charter school and any other person named in the complaint shall cooperate with the State Public Charter School Authority during such an investigation.

      Sec. 7. 1.  A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school who has evidence that a charter school has violated any state or federal law or regulation relating to special education or pupils who are limited English proficient may file a complaint relating to that charter school directly with the Department and notify the State Public Charter School Authority in writing. The Department shall investigate the complaint and notify the State Public Charter School Authority of its findings.

      2.  A person who has evidence that a charter school or an employee or vendor of a charter school has committed a crime shall file a complaint directly with a law enforcement agency and notify the State Public Charter School Authority in writing. The law enforcement agency may investigate the complaint and notify the State Public Charter School Authority of its findings.

      3.  A person who has evidence that a charter school has violated any law or regulation which is within the jurisdiction of an agency of this State other than the Department may file a complaint directly with the appropriate agency and notify the State Public Charter School Authority in writing. If the agency determines that credible evidence exists to support the complaint, the agency shall investigate the complaint and notify the State Public Charter School Authority of its findings.

 


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      4.  The State Public Charter School Authority shall accept the findings of the Department, a law enforcement agency or an agency pursuant to subsection 1, 2 or 3, as applicable, as conclusive unless it is shown that the Department, law enforcement agency or agency acted with fraud or a gross abuse of discretion.

      Sec. 8. 1.  A parent or legal guardian of a pupil enrolled in a charter school, a pupil who is at least 18 years of age enrolled in a charter school, a member of the governing body of a charter school or an employee of a charter school may file a complaint relating to that charter school directly with the State Public Charter School Authority if the person has evidence that the charter school has:

      (a) Violated any law or regulation relating to the health and safety of pupils;

      (b) Violated any law or regulation relating to the civil rights of pupils, except for a law or regulation described in subsection 1 of section 7 of this act;

      (c) Violated any law or regulation or policy of the sponsor of the charter school relating to the enrollment, suspension or expulsion of pupils;

      (d) Committed fraud, financial mismanagement or financial malfeasance; or

      (e) Committed academic dishonesty, including, without limitation, engaging in a policy or practice that has the intent or effect of inappropriately increasing the graduation rate or inappropriately increasing performance on assessments mandated by this State or the State Public Charter School Authority.

      2.  If the State Public Charter School Authority determines that credible evidence exists to support a complaint submitted pursuant to subsection 1, the State Public Charter School Authority shall investigate the complaint and respond to the complaining party in writing.

      Sec. 9. 1.  If the State Public Charter School Authority determines that external expertise is necessary to conduct an investigation of a complaint filed pursuant to sections 5.5 to 10, inclusive, of this act, the State Public Charter School Authority may select an investigator to conduct the investigation and make any appropriate determinations or recommendations to the State Public Charter School Authority.

      2.  If the State Public Charter School Authority determines that a violation has occurred, the State Public Charter School Authority may petition a court of competent jurisdiction for an order directing the charter school to reimburse the State Public Charter School Authority for all or part of the actual costs of its investigation. If the court confirms that a violation has occurred, the court may order the charter school to reimburse the State Public Charter School Authority for all or part of the actual costs of its investigation in an amount the court determines to be reasonable under the circumstances. A charter school subject to such an order must reimburse the State Public Charter School Authority within 30 days after issuance of the order. Any money received by the State Public Charter School Authority pursuant to this subsection must be used for investigations, audits and other proceedings of the State Public Charter School Authority and does not revert to the State General Fund.

      3.  If the State Public Charter School Authority determines that a current or former member of the governing body of the charter school or a current or former employee of the charter school failed to cooperate with any investigation conducted pursuant to this section, the State Public Charter School Authority may begin a proceeding to revoke the written charter or terminate the charter contract of the charter school pursuant to NRS 388A.330.

 


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current or former employee of the charter school failed to cooperate with any investigation conducted pursuant to this section, the State Public Charter School Authority may begin a proceeding to revoke the written charter or terminate the charter contract of the charter school pursuant to NRS 388A.330.

      4.  If the State Public Charter School Authority determines that the charter school or an employee of the charter school has violated any provision of this chapter or another statute or regulation applicable to charter schools or has materially breached the terms and conditions of the written charter or charter contract of the charter school, the State Public Charter School Authority may:

      (a) Begin a proceeding to revoke the written charter or terminate the charter contract of the charter school pursuant to NRS 388A.330; and

      (b) Refer the matter to the district attorney of the county in which the charter school is located, the Attorney General or any other appropriate agency for further action.

      5.  If the State Public Charter School Authority determines that the current operations of the charter school pose an imminent danger to the health and safety of the pupils or staff of the charter school, the State Public Charter School Authority shall order the charter school to suspend its operations at any or all of its facilities until appropriate corrective action has been taken.

      Sec. 10. The governing body of a charter school shall develop a policy for accepting, investigating and responding to complaints and submit the policy to the State Public Charter School Authority for review and approval. Such a policy may allow for a complaint to be delegated to the staff of the charter school or an educational management organization if the policy allows a complaining party who does not believe the staff of the charter school or educational management organization has adequately addressed a complaint to submit the complaint to the governing body of the charter school for its investigation and response.

      Sec. 11. 1.  If a charter school wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, the governing body of the charter school may submit to the sponsor of the charter school a request to amend the written charter or charter contract, as applicable, of the charter school pursuant to NRS 388A.276 to include the mission statement and admissions policy required by subsection 4 of NRS 385A.740.

      2.  The sponsor of a charter school may require that:

      (a) A request to amend a written charter or charter contract described in subsection 1 also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are necessary for a charter school rated using the alternative performance framework; and

      (b) A charter school which submits a request to amend a written charter or charter contract described in subsection 1 perform such actions as the sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework.

      3.  The sponsor of a charter school shall evaluate a request to amend a written charter or charter contract described in subsection 1 by reviewing the academic, organizational and financial performance of the charter school.

 


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school. If the sponsor of the charter school determines that the charter school is unlikely to achieve academic, organizational or financial success if the request to amend its written charter or charter contract is approved, the sponsor of the charter school must deny the request.

      4.  Unless invited to do so by the sponsor of the charter school, the governing body of a charter school whose request to amend its written charter or charter contract is denied pursuant to subsection 3 may not submit a materially similar request for 1 year after the denial of its request.

      5.  If a proposed sponsor of a charter school approves an application to form a charter school and the proposed sponsor of the charter school determines that the charter school has a mission statement and an admissions policy which satisfy the requirements of subsection 4 of NRS 385A.740, the proposed sponsor of the charter school shall include language in the charter contract entered into with the charter school which provides that:

      (a) Except as otherwise provided in paragraph (b), the proposed sponsor of the charter school will submit an application to the State Board on behalf of the charter school for the charter school to be rated using the alternative performance framework within 2 years after the charter school commences operation;

      (b) The proposed sponsor of the charter school will submit the application described in paragraph (a) only upon the successful completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework; and

      (c) Upon approval of such an application by the State Board, the performance framework adopted by the proposed sponsor of the charter school will be replaced by the alternative performance framework.

      Sec. 11.5. 1.  A charter school shall mail a written notification to the parent or legal guardian of each pupil enrolled in the charter school and post a notice prominently on the Internet website of the charter school within 5 business days after:

      (a) The Department reports that the graduation rate of the charter school for that school year was less than 67 percent;

      (b) The Department reports that the charter school was rated in the lowest 5 percent of public schools in the State pursuant to the statewide system of accountability for public schools;

      (c) The Department reports that the charter school received an annual rating established as one of the two lowest ratings possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools;

      (d) The governing body of the charter school submits to the sponsor of the charter school a written request for an amendment of the written charter or charter contract of the charter school which would result in the:

             (1) Relocation of the charter school to a location more than 1 mile from its current location;

             (2) Closure of a campus of the charter school or the elimination of one or more grade levels; or

             (3) Reduction of enrollment as a result of an academic, financial or organizational issue;

 


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      (e) The sponsor of the charter school issues a notice of intent to revoke the written charter or terminate the charter contract of the charter school; or

      (f) The sponsor of the charter school revokes the written charter or terminates the charter contract of the charter school.

      2.  Within 10 days after a charter school provides all notices required by subsection 1, the charter school shall certify compliance with that subsection to the sponsor of the charter school.

      3.  A written notice provided to a parent or legal guardian pursuant to subsection 1 must include a list of other public schools to which a pupil may transfer if the charter school closes or adopts changes which a parent or legal guardian finds unacceptable.

      4.  Within 30 days after a charter school provides the notice required by subsection 1 and on a date determined by the sponsor of the charter school, the charter school shall hold a public hearing to discuss a plan to correct any issue which caused the issuance of such a notice and to solicit suggestions to improve the performance of the charter school.

      Sec. 12. 1.  A charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may request that its sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

      2.  A charter management organization which operates a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and which intends to form a new charter school in this State may request that its proposed sponsor submit a request to the Commission on Professional Standards in Education for an expedited review of an application to become a qualified provider of an alternative route to licensure pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

      3.  If a sponsor or proposed sponsor receives a request pursuant to subsection 1 or 2 and determines that the charter school or charter management organization, as applicable, is eligible to become a qualified provider, the sponsor or proposed sponsor may submit a request for an expedited review of the appropriate application to the Commission on Professional Standards in Education.

      4.  A charter school or charter management organization may include in a request made pursuant to subsection 1 or 2 a request for the Commission on Professional Standards in Education to waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019. If the sponsor or proposed sponsor, as applicable, approves the request made pursuant to this subsection, the sponsor or proposed sponsor may include the request for a waiver with the request for an expedited review submitted pursuant to subsection 3.

      5.  Upon receipt of the written request of a sponsor of a charter school or a proposed sponsor of a charter management organization for an expedited review submitted pursuant to subsection 3 and an application to become a qualified provider, the Commission on Professional Standards in Education shall review the application to become a qualified provider and approve or deny the application within 45 days after receipt of the application and the written request.

 


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expedited review submitted pursuant to subsection 3 and an application to become a qualified provider, the Commission on Professional Standards in Education shall review the application to become a qualified provider and approve or deny the application within 45 days after receipt of the application and the written request. If the request for an expedited review includes a request for a waiver pursuant to subsection 4, the Commission on Professional Standards in Education shall waive any requirement which may apply to a program for an alternative route to licensure that is not prescribed by NRS 391.019.

      Sec. 12.3. 1.  The governing body of a charter school that receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools may submit a written request for the sponsor of the charter school to authorize the establishment of an experimental academic program or new school model in the charter school. If the sponsor of the charter school approves the request, such a program or model must be established in the charter school. Enrollment in such a program or model:

      (a) Must not exceed 50 pupils during the first year in which the program or model is in operation.

      (b) Must not exceed 100 pupils during the second year in which the program or model is in operation.

      (c) Must not exceed 150 pupils during the third year in which the program or model is in operation.

      (d) Must not exceed any number prescribed by the sponsor of the charter school during the fourth year in which the program or model is in operation, or any year thereafter.

      2.  If an experimental academic program or new school model established pursuant to subsection 1 receives one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, the governing body of the charter school in which the program or model is established may:

      (a) Submit to the sponsor of the charter school a written request for an amendment of the written charter or charter contract, as applicable, to divide the charter school into multiple charter schools operating under the same governing body; or

      (b) Establish a committee to form a charter school and submit to a proposed sponsor an application to form a charter school using the experimental academic program or new school model.

      3.  If the sponsor of a charter school grants a request for an amendment of the written charter or charter contract submitted pursuant to subsection 2, the sponsor shall negotiate and execute a charter contract with the governing body of the charter school for each experimental academic program or new school model.

      4.  Before a charter school formed pursuant to this section enrolls any pupil who is eligible for enrollment pursuant to NRS 388A.453 and 388A.456, the charter school may enroll a child who was enrolled in the experimental academic program or new school model before the charter school was formed.

      Sec. 12.5. 1.  A charter school is deemed to be a political subdivision of this State for the purposes of 43 U.S.C. §§ 869 et seq. and any law of this State relating to purchasing or leasing public land.

 


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      2.  Any property acquired by a charter school as a result of subsection 1 may only be transferred to this State or a political subdivision of this State.

      3.  If a charter school which has acquired property as a result of subsection 1 relocates, closes or otherwise ceases operations, the ownership of all such property must be transferred to this State or a political subdivision of this State.

      Sec. 12.7. 1.  The State Public Charter School Authority may select not more than two charter schools sponsored by the State Public Charter School Authority to act as a local educational agency for the purposes described in subsection 2.

      2.  A charter school selected pursuant to subsection 1 is hereby deemed a local educational agency for the purpose of receiving any money available from federal and state categorical grant programs. A charter school that receives money pursuant to such a program shall comply with any applicable reporting requirements to receive the grant.

      3.  If a charter school selected pursuant to subsection 1 is eligible to receive special education program units, the Department shall pay the special education program units directly to the charter school.

      4.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A).

      Sec. 13. Before submitting an application for any grant which may result in the distribution of money to a charter school or the sponsor of a charter school, the Department shall:

      1.  Consider the definitions and measures of school performance specified in the grant and make any necessary adjustments to the information submitted by the Department to conform to the definitions and measures of school performance specified in the grant;

      2.  Separately determine the academic performance for each campus of the charter school and the charter school as a whole; and

      3.  If the State Board has approved an application by a charter school to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, apply the alternative performance framework to evaluate the performance of the charter school.

      Sec. 14. NRS 388A.150 is hereby amended to read as follows:

      388A.150  1.  The State Public Charter School Authority is hereby created. The purpose of the State Public Charter School Authority is to:

      [1.](a) Authorize charter schools of high-quality throughout this State with the goal of expanding the opportunities for pupils in this State, including, without limitation, pupils who are at risk.

      [2.](b) Provide oversight to the charter schools that it sponsors to ensure that those charter schools maintain high educational and operational standards, preserve autonomy and safeguard the interests of pupils and the community.

      [3.](c) Serve as a model of the best practices in sponsoring charter schools and foster a climate in this State in which all high-quality charter schools, regardless of sponsor, can flourish.

      2.  The provisions of this section shall not be construed to create a duty for the State Public Charter School Authority to provide any assistance, support or services to a charter school other than to carry out its purpose as described in subsection 1.

 


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      Sec. 15. NRS 388A.153 is hereby amended to read as follows:

      388A.153  1.  The State Public Charter School Authority consists of seven members. The membership of the State Public Charter School Authority consists of:

      (a) Two members appointed by the Governor in accordance with subsection 2;

      (b) Two members, who must not be Legislators, appointed by the Majority Leader of the Senate in accordance with subsection 2;

      (c) Two members, who must not be Legislators, appointed by the Speaker of the Assembly in accordance with subsection 2; and

      (d) One member appointed by the Charter School Association of Nevada or its successor organization.

      2.  The Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall ensure that the membership of the State Public Charter School Authority:

      (a) Includes persons with a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State;

      (b) Includes a parent or legal guardian of a pupil enrolled in a charter school in this State;

      (c) Includes persons with specific knowledge of:

             (1) Issues relating to elementary and secondary education;

             (2) School finance or accounting, or both;

             (3) Management practices;

             (4) Assessments required in elementary and secondary education;

             (5) Educational technology; and

             (6) The laws and regulations applicable to charter schools;

      (d) Insofar as practicable, reflects the ethnic and geographical diversity of this State; and

      (e) Insofar as practicable, consists of persons who are experts on best practices for authorizing charter schools and developing and operating high-quality charter schools and charter management organizations.

      3.  Each member of the State Public Charter School Authority must be a resident of this State.

      4.  Except as otherwise provided in subsection 5, a member of the State Public Charter School Authority must not be actively engaged in business with or hold a direct pecuniary interest relating to charter schools, including, without limitation, serving as a vendor, contractor, employee, officer, director or member of the governing body of a charter school, educational management organization or charter management organization.

      5.  Not more than two members of the State Public Charter School Authority may be teachers or administrators who are employed by a charter school or charter management organization in this State. For a teacher or administrator employed by a charter school or charter management organization to be eligible to serve as a member of the State Public Charter School Authority, the charter school or charter management organization which employs the teacher or administrator must not have ever received an annual rating established as one of the three lowest ratings of performance pursuant to the statewide system of accountability for public schools.

 


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      6.  After the initial terms, the term of each member of the State Public Charter School Authority is 3 years, commencing on July 1 of the year in which he or she is appointed. A vacancy in the membership of the State Public Charter School Authority must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member shall continue to serve on the State Public Charter School Authority until his or her successor is appointed.

      [5.]7.  The members of the State Public Charter School Authority shall select a Chair and Vice Chair from among its members. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      [6.]8.  Each member of the State Public Charter School Authority is entitled to receive:

      (a) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority a salary of not more than $80, as fixed by the State Public Charter School Authority; and

      (b) For each day or portion of a day during which he or she attends a meeting of the State Public Charter School Authority or is otherwise engaged in the business of the State Public Charter School Authority the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 15.5. NRS 388A.159 is hereby amended to read as follows:

      388A.159  1.  [The] Except as otherwise provided in section 12.7 of this act, the State Public Charter School Authority is hereby deemed a local educational agency for the purpose of directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that are eligible to receive such money. A college or university within the Nevada System of Higher Education that sponsors a charter school shall enter into an agreement with the State Public Charter School Authority for the provision of any necessary functions of a local educational authority. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.

      2.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(26)(A).

      Sec. 16. NRS 388A.190 is hereby amended to read as follows:

      388A.190  1.  The [State Public Charter School Authority shall appoint an] Executive Director of the State Public Charter School Authority [for a term of 3 years. The State Public Charter School Authority shall ensure that the Executive Director has a demonstrated understanding of charter schools and a commitment to using charter schools as a way to strengthen public education in this State.

      2.  A vacancy in the position of Executive Director must be filled by the State Public Charter School Authority for the remainder of the unexpired term.

      3.  The Executive Director is] :

      (a) Must be appointed by the Governor from a list of three candidates submitted by the State Public Charter School Authority and serves at the pleasure of the Governor.

 


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      (b) Is in the unclassified service of the State.

      2.  To be eligible for appointment to the office of Executive Director of the State Public Charter School Authority, a person must:

      (a) Be at least 21 years of age at the time of appointment; and

      (b) Possess a demonstrated understanding of charter schools and a commitment to using charter schools to strengthen public education in this State.

      Secs. 17 and 18. (Deleted by amendment.)

      Sec. 19. NRS 388A.223 is hereby amended to read as follows:

      388A.223  1.  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 388A.249;

      (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 388A.249;

      (d) Negotiating , developing and executing charter contracts pursuant to NRS 388A.270;

      (e) Monitoring, in accordance with this chapter and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity;

      (f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the written charter should be revoked or the charter contract terminated or restarted, as applicable, in accordance with NRS 388A.285, 388A.300 or 388A.330, as applicable;

      (g) Determining whether the governing body of a charter school should be reconstituted in accordance with NRS 388A.330; and

      (h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330.

      2.  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 and criteria for soliciting and evaluating charter school applications in accordance with NRS 388A.249, which must include, without limitation:

             (1) Specific application procedures and timelines for committees to form a charter school that plan to enter into a contract with an educational management organization to operate the charter scho