Senate Bill No. 3–Committee of the Whole

 

June 6, 2003

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes appropriations to State Distributive School Account for class-size reduction. (BDR S‑0010)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Contains Appropriation included in Executive Budget.

 

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

 

AN ACT relating to education; making appropriations to the State Distributive School Account for purposes relating to class-size reduction; authorizing certain school districts to adopt a program of alternative pupil-teacher ratios for the 2003-2005 biennium; requiring larger school districts to study current class sizes in certain grades; and providing other matters properly relating thereto.

 

1-1  Whereas, The intended goal of the Legislature is to achieve a

1-2  pupil-teacher ratio of not more than 15 pupils per teacher or 30

1-3  pupils per two teachers in kindergarten and grades 1, 2 and 3 where

1-4  core curriculum is taught; and

1-5  Whereas, Available money is estimated to provide a sufficient

1-6  number of teachers to achieve in each school district pupil-teacher

1-7  ratios of 16 pupils per teacher in selected kindergarten classrooms in

1-8  which pupils are most at risk of failure and in grades 1 and 2 in

1-9  Fiscal Years 2003-2004 and 2004-2005, and to achieve a pupil-

1-10  teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years

1-11  2003-2004 and 2004-2005; and

1-12      Whereas, Certain school districts do not have a sufficient

1-13  number of classrooms available to permit an average class size of 19

1-14  pupils per teacher in grade 3; and

1-15      Whereas, It is unreasonable to assign two teachers to

1-16  classrooms of 38 pupils to attain a district-wide pupil-teacher ratio

1-17  of 19 pupils per teacher in grade 3; and

2-1  Whereas, School districts may, instead, attain the desired

2-2  pupil-teacher ratio in classes where core curriculum is taught by

2-3  using alternative methods of reducing the ratio, such as employing

2-4  teachers to provide remedial instruction; and

2-5  Whereas, School districts may wish to use money for class-

2-6  size reduction to carry out programs that have been found to be

2-7  effective in improving academic achievement; and

2-8  Whereas, Reduced class sizes may increase pupil academic

2-9  achievement and may decrease the need for pupil discipline; and

2-10      Whereas, Additional funding has not been provided to reduce

2-11  class-sizes in grades 4, 5 and 6, however, school districts may wish

2-12  to use available money for class-size reduction to reduce class-sizes

2-13  in those grades; and

2-14      Whereas, The Legislature has specifically designed the laws

2-15  relating to class-size reduction to allow the local school districts the

2-16  necessary discretion to effectuate the reduction in the manner

2-17  appropriate in their respective districts; and

2-18      Whereas, School districts are encouraged, to the extent

2-19  possible, to further reduce the pupil-teacher ratio in each classroom

2-20  in the district for grades 1, 2 and 3 for which additional funding is

2-21  provided; and

2-22      Whereas, With this act, the Legislature intends to continue the

2-23  reduced pupil-teacher ratio for selected kindergarten classrooms in

2-24  which pupils are most at risk of failure and for grades 1 and 2

2-25  throughout the State and to continue reducing the pupil-teacher ratio

2-26  in grade 3; and

2-27      Whereas, Thereafter, the intended goal of the Legislature is to

2-28  reduce the pupil-teacher ratio per class in grade 3 to not more than

2-29  15 pupils per class, thereafter to reduce the pupil-teacher ratio per

2-30  class in grades 4, 5 and 6 to not more than 22 pupils per class and

2-31  thereafter to reduce the pupil-teacher ratio per class in grades 7 to

2-32  12, inclusive, to not more than 25 pupils per class; now, therefore,

 

2-33  THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

2-34  SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-35      Section 1. 1.  There is hereby appropriated from the State

2-36  General Fund to the State Distributive School Account the sum of

2-37  $108,937,389 for distribution by the Superintendent of Public

2-38  Instruction to the county school districts for Fiscal Year 2003-2004

2-39  which must, except as otherwise provided in sections 3 and 5 of this

2-40  act, be used to employ teachers to comply with the required ratio of

2-41  pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2

2-42  and in selected kindergartens with pupils who are considered at risk

2-43  of failure by the Superintendent of Public Instruction and to

3-1  maintain the current ratio of pupils per teacher in grade 3.

3-2  Expenditures for the class-size reduction program must be

3-3  accounted for in a separate category of expenditure in the State

3-4  Distributive School Account.

3-5  2.  Except as otherwise provided in sections 3 and 5 of this act,

3-6  the money appropriated by subsection 1 must be used to pay the

3-7  salaries and benefits of not less than 1,887 teachers employed by

3-8  school districts to meet the required pupil-teacher ratios in the 2003-

3-9  2004 school year.

3-10      3.  Any remaining balance of the sum appropriated by

3-11  subsection 1 must not be committed for expenditure after June 30,

3-12  2004, and must be transferred and added to the money appropriated

3-13  to the State Distributive School Account pursuant to section 2 of

3-14  this act for the 2004-2005 fiscal year, and may be expended as that

3-15  money is expended.

3-16      Sec. 2.  1.  There is hereby appropriated from the State

3-17  General Fund to the State Distributive School Account the sum of

3-18  $117,142,553 for distribution by the Superintendent of Public

3-19  Instruction to the county school districts for Fiscal Year 2004-2005

3-20  which must, except as otherwise provided in sections 3 and 5 of this

3-21  act, be used to employ teachers to comply with the required ratio of

3-22  pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2

3-23  and in selected kindergartens with pupils who are considered at risk

3-24  of failure by the Superintendent of Public Instruction and to

3-25  maintain the current ratio of pupils per teacher in grade 3.

3-26  Expenditures for the class-size reduction program must be

3-27  accounted for in a separate category of expenditure in the State

3-28  Distributive School Account.

3-29      2.  Except as otherwise provided in sections 3 and 5 of this act,

3-30  the money appropriated by subsection 1 must be used to pay the

3-31  salaries and benefits of not less than 1,953 teachers employed by

3-32  school districts to meet the required pupil-teacher ratios in the 2004-

3-33  2005 school year.

3-34      3.  Any remaining balance of the sum appropriated by

3-35  subsection 1, including any money added thereto pursuant to section

3-36  1 of this act, must not be committed for expenditure after June 30,

3-37  2005, and reverts to the State General Fund as soon as all payments

3-38  of money committed have been made.

3-39      Sec. 3.  1.  Except as otherwise provided in subsection 2, the

3-40  board of trustees of each county school district:

3-41      (a) Shall file a plan with the Superintendent of Public Instruction

3-42  describing how the money appropriated by sections 1 and 2 of this

3-43  act will be used to comply with the required ratio of pupils to

3-44  teachers in kindergarten and grades 1, 2 and 3; or

4-1  (b) May, after receiving approval of the plan from the

4-2  Superintendent of Public Instruction, use the money appropriated by

4-3  sections 1 and 2 of this act to carry out an alternative program for

4-4  reducing the ratio of pupils per teacher or to carry out programs of

4-5  remedial education that have been found to be effective in

4-6  improving pupil achievement in grades 1, 2 and 3, so long as the

4-7  combined ratio of pupils per teacher in the aggregate of kindergarten

4-8  and grades 1, 2 and 3 of the school district does not exceed the

4-9  combined ratio of pupils per teacher in the aggregate of kindergarten

4-10  and grades 1, 2 and 3 of the school district in the 2000-2001 school

4-11  year. The plan approved by the Superintendent of Public Instruction

4-12  must describe the method to be used by the school district to

4-13  evaluate the effectiveness of the alternative program or remedial

4-14  programs in improving pupil achievement.

4-15      2.  In lieu of complying with subsection 1, the board of trustees

4-16  of a school district that is located in a county whose population is

4-17  less than 100,000 may, after receiving approval of the plan from the

4-18  Superintendent of Public Instruction, use the money appropriated by

4-19  sections 1 and 2 of this act to carry out a program in which

4-20  alternative pupil-teacher ratios are carried out in grades 1 through 5

4-21  or grades 1 through 6, as applicable. Alternative ratios for grade 6

4-22  may only be approved for those school districts that include grade 6

4-23  in elementary school. The alternative pupil-teacher ratios shall not:

4-24      (a) Exceed 22 to 1 in grades 1, 2 and 3; and

4-25      (b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as

4-26  applicable.

4-27      3.  If a school district receives approval to carry out programs

4-28  of remedial education pursuant to paragraph (b) of subsection 1 or to

4-29  carry out alternative pupil-teacher ratios pursuant to subsection 2,

4-30  the school district shall evaluate the effectiveness of the alternative

4-31  program. The evaluation must include, without limitation, the effect

4-32  of the alternative program on:

4-33      (a) Team-teaching;

4-34      (b) Pupil discipline; and

4-35      (c) The academic achievement of pupils.

4-36      4.  A school district shall submit a written report of the results

4-37  of the evaluation to the Superintendent of Public Instruction on or

4-38  before December 1 of each year for the immediately preceding

4-39  school year. The Superintendent of Public Instruction shall

4-40  summarize the results of the evaluations and report the findings in

4-41  an interim report to the Legislative Committee on Education on or

4-42  before February 16, 2004.

4-43      5.  On or before February 1, 2005, the Superintendent of Public

4-44  Instruction shall submit a final written report of the results of the

4-45  evaluations of alternative class-size reduction programs to the

5-1  Legislative Bureau of Educational Accountability and Program

5-2  Evaluation. On or before February 15, 2005, the Legislative Bureau

5-3  of Educational Accountability and Program Evaluation shall submit

5-4  a copy of the written report to the Director of the Legislative

5-5  Counsel Bureau for transmission to the 73rd Session of the Nevada

5-6  Legislature.

5-7  6.  The interim report required pursuant to subsection 4 and the

5-8  final written report required pursuant to subsection 5 must include,

5-9  without limitation:

5-10      (a) The number of school districts for which an alternative class-

5-11  size reduction program was approved;

5-12      (b) A description of the approved alternative class-size reduction

5-13  programs; and

5-14      (c) The effect of the alternative class-size reduction programs

5-15  on:

5-16          (1) Team teaching;

5-17          (2) Pupil discipline; and

5-18          (3) The academic achievement of pupils.

5-19      Sec. 4.  1.  During the 2003-2005 biennium, a school district

5-20  that is located in a county whose population is 100,000 or more

5-21  shall study the current class-sizes in the school district for grades 1

5-22  to 5, inclusive, to determine whether alternative pupil-teacher ratios

5-23  may:

5-24      (a) Improve the academic achievement of pupils;

5-25      (b) Decrease pupil discipline; or

5-26      (c) Decrease or eliminate team-teaching in grades 1 and 2.

5-27      2.  In conducting the study, the school district shall consider the

5-28  costs that would be associated with carrying out the alternative

5-29  pupil-teacher ratios, including, without limitation, the:

5-30      (a) Number of additional classrooms needed; and

5-31      (b) Number of additional teachers needed.

5-32      3.  On or before February 15, 2005, each school district that

5-33  conducts a study of alternative pupil-teacher ratios pursuant to this

5-34  section shall submit a written report of its findings concerning

5-35  alternative pupil-teacher ratios to the:

5-36      (a) Director of the Legislative Counsel Bureau for transmission

5-37  to the 73rd Session of the Nevada Legislature;

5-38      (b) Legislative Bureau of Educational Accountability and

5-39  Program Evaluation; and

5-40      (c) State Board of Education.

5-41      Sec. 5.  1.  The money appropriated for class-size reduction

5-42  pursuant to sections 1 and 2 of this act:

5-43      (a) May be applied first to pupils considered most at risk of

5-44  failure.

6-1  (b) Must not be used to settle or arbitrate disputes between a

6-2  recognized organization representing employees of a school district

6-3  and the school district, or to settle any negotiations.

6-4  (c) Must not be used to adjust the district-wide schedules of

6-5  salaries and benefits of the employees of a school district.

6-6  2.  The money appropriated for class-size reduction pursuant to

6-7  sections 1 and 2 of this act must not be distributed to a school

6-8  district unless that school district has:

6-9  (a) Filed with the Department of Education a plan for achieving

6-10  the required ratio set forth in NRS 388.700; and

6-11      (b) Demonstrated that, from resources of the school district

6-12  other than allocations received from the State Distributive School

6-13  Account for class-size reduction, a sufficient number of classroom

6-14  teachers have been employed to maintain the average pupil-teacher

6-15  ratio that existed for each grade for grades 1, 2 and 3, in that school

6-16  district for the 3 school years immediately preceding the start of the

6-17  class-size reduction program in the 1990-1991 school year. In

6-18  addition, if a school district uses the allocations received from the

6-19  State Distributive School Account for class-size reduction to carry

6-20  out an alternative class-size reduction program as set forth in

6-21  subsection 2 of section 3 of this act, a sufficient number of teachers

6-22  have been employed to maintain the average pupil-teacher ratio that

6-23  existed in each grade so reduced, in that school district for the 3

6-24  years immediately preceding the implementation of the alternative

6-25  program.

6-26      Sec. 6.  In no event may the alternative pupil-teacher ratios

6-27  authorized pursuant to subsection 2 of section 3 of this act be carried

6-28  out beyond the 2003-2005 biennium unless the 73rd Session of the

6-29  Nevada Legislature determines that the alternative pupil-teacher

6-30  ratios may be carried out after June 30, 2005.

6-31      Sec. 7.  1.  This section and sections 1 and 3 to 6, inclusive, of

6-32  this act become effective on July 1, 2003.

6-33      2.  Section 2 of this act becomes effective on July 1, 2004.

 

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