MOCK-UP

PROPOSED AMENDMENT TO
ASSEMBLY BILL NO. 314

PREPARED FOR ASSEMBLYWOMAN TOLLES

MARCH 26, 2019
PREPARED BY THE RESEARCH DIVISION

NOTE: THIS DOCUMENT SHOWS PROPOSED

AMENDMENTS IN CONCEPTUAL FORM. THE
LANGUAGE AND ITS PLACEMENT IN THE
OFFICIAL AMENDMENT MAY DIFFER.
EXPLANATION: Matter in (1) blue bold italics is new language in the original
bill; (2) green bold italic underlining is new language proposed in this
amendment; (3) red strikethrough is deleted language in the original bill; (4)
purple double strikethrough is language proposed to be deleted in this amendment
and (5) orange double underlining is deleted language in the original bill that is
proposed to be retained in this amendment.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1
2 Section 1. Chapter 388 of NRS is hereby amended by adding thereto
3 the provisions set forth as sections 2 to 6, inclusive, of this act.
4 Sec. 2. As used in sections 2 to 6, inclusive, of this act, “non- Revise Section 2 to
5 traditional instruction [digital] day ” [of school”] means including, replace digital day with
6 without limitation, a [competency-based lesson, including, without “non-traditional
7 limitation, a] lesson sent and completed through electronic means, or instruction day” or similar
verbiage.
8 provided through physical means ahead of time and returned to school
9 within a set timeframe, which: Revise the definition of
10 1. Is provided to a pupil by a teacher as part of a traditional course; these days to include a
11 2. May be completed by a pupil from any location; and lesson provided through
12 3. Is graded by a teacher. physical means ahead of
13 Sec. 3. 1. The Superintendent of Public Instruction may, upon time and returned to
14 application by the board of trustees of a school district, authorize the school within a set
15 school district to provide a program of instruction using a digital day of timeframe.

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1 school that meets the requirements of section 4 of this act when the
2 school district closes one or more of the facilities within the school
3 district due to health or safety conditions.
4 2. Except as otherwise provided in subsection 4 of section 7 of this
5 act, each school within a school district may use not more than 3 digital
6 days of school throughout the school year. The board of trustees of a
7 school district may request additional digital days of school, to be
8 granted at the discretion of the Superintendent of Public Instruction.
9 Sec. 4. 1. The program of instruction for non-traditional Section 4: Modify the
10 instruction days [using a digital day of school] submitted by the board of name of the program
11 trustees of a school district pursuant to section 3 of this act must: consistent with the
12 (a) Ensure that each pupil receives a minimum number of minutes of change to Sec. 2.
13 instruction to be determined by the Department [.] in order to determine
14 to be an equivalent to a day in session. Address concerns raised
15 (b) Ensure that each pupil has access to the technology and forms of by the Department,
16 electronic communication necessary to the administration of the including:
17 program of instruction using a digital school day, which may include, • Equivalence to days in
18 without limitation, access to a computer and the Internet, or provide session and calculating
average daily
19 accommodations for pupils without access to such technology and attendance;
20 electronic communication. • Meeting the needs of
21 (c) Ensure that the program of instruction using a digital day of low-income families
22 school meets the needs of pupils who are identified as being at-risk, and students identified
23 eligible for programs to support families who are low-income, English as at-risk;
24 learners and pupils with disabilities, including, without limitation, pupils • Ensuring lack of
25 with an individualized education program, as defined in 20 U.S.C. § participation in the
26 1414(d)(1)(A). program does not
27 (d) Provide for a method of verifying the participation of each pupil negatively impact
28 in the program of instruction using a digital day of school [.] and student attendance;
• Requiring services to be
29 ensuring lack of participation does not negatively impact pupils who provided to non-
30 have been opted out of the program, and must be provided equivalent in- participants at the
31 class learning to compensate for non-participation; school site;
32 (e) Address the extent to which participation of pupils is within the • Providing an opt-out for
33 control of each pupil regarding the time, pace and means of learning. parents; and
34 (f) Ensure that teachers and pupils receive adequate training for • Ensuring non-contract
35 participation in the program of instruction using a digital day of school. staff compensation is
36 (g) Ensure that teachers are accessible to pupils on a day when the addressed.
37 school district uses a digital day of school, including, without limitation,
38 through the Internet or by telephone. The Department has
flexibility in Section 6 to
39 (h) Provide for an option for parents provide feedback and to opt out adopt regulations to
40 of the program; address additional
41 (i) Include a method for calculating the minimum number of students concerns if needed.
42 participating in the program in order to calculate average daily
43 attendance; and
44 (j) A method for compensation non-contract staff.

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1 2. The board of trustees of each school district shall notify the
2 parent and legal guardian of each pupil of the program of instruction
3 using a non-traditional instruction [digital] day of school at the
4 beginning of each school year that the school district plans to use the
5 program. On each day the school district intends to use a digital day of Section 6: Revise to
6 school, the school district must notify the parent or legal guardian of provide the
7 each pupil in a timely manner that pupils must follow the plan for the Superintendent with the
8 digital day of school for that day. explicit right to deny an
9 Sec. 5. A non-traditional instruction [digital] day of school taken insufficient submission.
10 pursuant to sections 2 to 6, inclusive, of this act is counted as a day of
11 school for the purposes of providing the minimum number of days of Create an appeal process
12 free school pursuant to subsection 1 of NRS 388.090. to the State Board of
13 Sec. 6. The Department shall adopt regulations necessary to carry Education to review
14 out the provisions of sections 2 to 6, inclusive, of this act, including, submissions denied by the
15 without limitation, regulations that establish: Superintendent.
16 1. Standards for determining whether a condition is a health or Require a district to
17 safety condition necessitating the closure of one or more of the facilities obtain approval prior to
18 within the school district; and the start of the school
19 2. The minimum number of minutes of instruction required year in order to
20 pursuant to section 4 of this act. implement the program.
21 The Superintendent of Public Instruction may deny an application if one
22 or more of the requirements in section 4 are not sufficiently addressed. Require a district to
23 The district may appeal the denial of an application based on a process include its approval in the
24 established by the State Board of Education. A submission of a program annual process prescribed
25 must be provided prior to the start of the school year and be included in NAC 387.120.
26 with the annual calendar approval process.
27 Sec. 7. NRS 388.090 is hereby amended to read as follows: Section 7 is being deleted
28 388.090 1. Except as otherwise provided in this section, boards of entirely from the bill.
29 trustees of school districts shall schedule and provide a minimum of 180
30 days of free school in the districts under their charge.
31 2. Except for an alternative schedule described in subsection 3, the
32 Superintendent of Public Instruction may, upon application by the board of
33 trustees of a school district, authorize the school district to provide a
34 program of instruction based on an alternative schedule if the number of
35 minutes of instruction to be provided is equal to or greater than the number
36 of minutes of instruction that would be provided in a program of
37 instruction consisting of 180 school days. The Superintendent of Public
38 Instruction shall notify the board of trustees of the school district of the
39 approval or denial of the application not later than 30 days after the
40 Superintendent of Public Instruction receives the application. An
41 alternative schedule proposed pursuant to this subsection must be
42 developed in accordance with chapter 288 of NRS. If a school district is
43 located in a county whose population is 100,000 or more, the board of
44 trustees of the school district may not submit an application pursuant to

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1 this subsection unless the proposed alternative schedule of the school
2 district:
3 (a) Will apply only to a rural portion or a remote portion of the county
4 in which the school district is located, as defined by the State Board
5 pursuant to subsection [6;] 7; or
6 (b) Is designed solely for the purpose of providing regular professional
7 development to educational personnel and such professional development
8 is focused on analyzing and discussing measures of the performance of
9 pupils and identifying appropriate instructional strategies to improve the
10 achievement of pupils.
11 3. The Superintendent of Public Instruction may, upon application by
12 the board of trustees of a school district, authorize a reduction of not more
13 than 15 school days in that particular district to establish or maintain an
14 alternative schedule consisting of a 12-month school program if the board
15 of trustees demonstrates that the proposed alternative schedule for the
16 program provides for a number of minutes of instruction that is equal to or
17 greater than that which would be provided under a program consisting of
18 180 school days. Before authorizing a reduction in the number of required
19 school days pursuant to this subsection, the Superintendent of Public
20 Instruction must find that the proposed alternative schedule will be used to
21 alleviate problems associated with a growth in enrollment or
22 overcrowding.
23 4. [In addition to a program of instruction using a digital day of
24 school administered pursuant to sections 2 to 6, inclusive, of this act, a
25 school district may use not more than 3 digital days of school for a pupil
26 who is physically or mentally unable to attend school due to an illness, a
27 medical appointment, a family emergency, observance of a religious
28 holiday or reasons related to homelessness or foster care or out of school
29 suspension. The use of a digital day of school by a school district
30 pursuant to this subsection shall count as a day of free school pursuant
31 to subsection 1.]
32 5. The Superintendent of Public Instruction may, upon application by
33 a board of trustees, authorize the addition of minutes of instruction to any
34 scheduled day of free school if days of free school are lost because of any
35 interscholastic activity. Not more than 5 days of free school so lost may be
36 rescheduled in this manner. The provisions of this subsection do not apply
37 to an alternative schedule approved pursuant to subsection 2.
38 [5.] 6. The number of minutes of instruction required for a particular
39 group of pupils in a program of instruction based on an alternative
40 schedule approved pursuant to this section and NRS 388.095 and 388.097
41 must be determined by multiplying the appropriate minimum daily period
42 of instruction established by the State Board by regulation for that
43 particular group of pupils by 180.

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1 [6.] 7. The State Board shall adopt regulations defining a rural portion
2 of a county and a remote portion of a county for the purposes of subsection
3 2.
4 Sec. 8. NRS 388.095 is hereby amended to read as follows:
5 388.095 1. Each school district shall schedule at least 3 contingent
6 days of school, or its equivalent if the school district operates under an
7 alternative schedule authorized pursuant to NRS 388.090, in addition to the
8 number of days required by NRS 388.090, which must be used if a natural
9 disaster, inclement weather or an accident necessitates the closing of a
10 majority of the facilities within the district [.] , unless the school district
11 uses a program of instruction using a non-traditional instruction
12 [digital] day of school pursuant to sections 2 to 6, inclusive, of this act.
13 The 3 contingent days of school, or its equivalent, may be scheduled as:
14 (a) Full days of school;
15 (b) An equivalent number of minutes of instruction added to any
16 scheduled day of instruction, except that the minutes added must not be
17 less than 30 minutes per school day; or
18 (c) Any combination thereof.
19 2. If more than 3 days of free school or minutes of instruction
20 equaling 3 days of free school, or the equivalent if the school district
21 operates under an alternative schedule authorized pursuant to NRS
22 388.090, are lost because a natural disaster, inclement weather or an
23 accident necessitates the closing of a majority of the facilities within a
24 school district, the Superintendent of Public Instruction, upon application
25 by the school district, may permit the additional days or equivalent minutes
26 of instruction lost to be counted as school days in session. The application
27 must be submitted in the manner prescribed by the Superintendent of
28 Public Instruction.
29 3. The State Board shall adopt regulations providing procedures for
30 changing schedules of instruction to be used if a natural disaster, inclement
31 weather or an accident necessitates the closing of a particular school within
32 a school district.
33 Sec. 9. NRS 392.122 is hereby amended to read as follows:
34 392.122 1. The board of trustees of each school district shall
35 prescribe a minimum number of days that a pupil who is subject to
36 compulsory attendance and enrolled in a school in the district must be in
37 attendance for the pupil to obtain credit or to be promoted to the next
38 higher grade. The board of trustees of a school district may adopt a policy
39 prescribing a minimum number of days that a pupil who is enrolled in
40 kindergarten or first grade in the school district must be in attendance for
41 the pupil to obtain credit or to be promoted to the next higher grade.
42 2. For the purposes of this section, the days on which a pupil is not in
43 attendance because the pupil is absent for up to 10 days within 1 school
44 year with the approval of the teacher or principal of the school pursuant to
45 NRS 392.130, must be credited towards the required days of attendance if

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1 the pupil has completed course-work requirements. The teacher or
2 principal of the school may approve the absence of a pupil for deployment
3 activities of the parent or legal guardian of the pupil, as defined in NRS
4 388F.010. If the board of trustees of a school district has adopted a policy
5 pursuant to subsection 5, the 10-day limitation on absences does not apply
6 to absences that are excused pursuant to that policy.
7 3. Except as otherwise provided in subsection 5 [,] or 6, before a
8 pupil is denied credit or promotion to the next higher grade for failure to
9 comply with the attendance requirements prescribed pursuant to subsection
10 1, the principal of the school in which the pupil is enrolled or the
11 principal’s designee shall provide written notice of the intended denial to
12 the parent or legal guardian of the pupil. The notice must include a
13 statement indicating that the pupil and the pupil’s parent or legal guardian
14 may request a review of the absences of the pupil and a statement of the
15 procedure for requesting such a review. Upon the request for a review by
16 the pupil and the pupil’s parent or legal guardian, the principal or the
17 principal’s designee shall review the reason for each absence of the pupil
18 upon which the intended denial of credit or promotion is based. After the
19 review, the principal or the principal’s designee shall credit towards the
20 required days of attendance each day of absence for which:
21 (a) There is evidence or a written affirmation by the parent or legal
22 guardian of the pupil that the pupil was physically or mentally unable to
23 attend school on the day of the absence; and
24 (b) The pupil has completed course-work requirements.
25 4. A pupil and the pupil’s parent or legal guardian may appeal a
26 decision of a principal or the principal’s designee pursuant to subsection 3
27 to the board of trustees of the school district in which the pupil is enrolled.
28 5. The board of trustees of a school district may adopt a policy to
29 exempt pupils who are physically or mentally unable to attend school from
30 the limitations on absences set forth in subsection 1. If a board of trustees
31 adopts a policy pursuant to this subsection:
32 (a) A pupil who receives an exemption pursuant to this subsection is
33 not exempt from the minimum number of days of attendance prescribed
34 pursuant to subsection 1.
35 (b) The days on which a pupil is physically or mentally unable to
36 attend school must be credited towards the required days of attendance if
37 the pupil has completed course-work requirements.
38 (c) The procedure for review of absences set forth in subsection 3 does
39 not apply to days on which the pupil is absent because the pupil is
40 physically or mentally unable to attend school.
41 6. The board of trustees of a school district may adopt a policy to
42 exempt pupils who use a non-traditional [digital] day of school pursuant
43 to subsection 4 of NRS 388.090 from the limitations on absences set
44 forth in subsection 1.

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1 7. A school shall inform the parents or legal guardian of each pupil
2 who is enrolled in the school that the parents or legal guardian and the
3 pupil are required to comply with the provisions governing the attendance
4 and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and
5 any other rules concerning attendance and truancy adopted by the board of
6 trustees of the school district.
7 Sec. 10. This act becomes effective upon passage and approval for Add a new section to
8 the purpose of adopting regulations and performing any other preliminary clarify that this bill
9 administrative tasks that are necessary to carry out the provisions of this applies to charter schools
10 act and on July 1, 2019, for all other purposes. and private schools.

11 H

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