Senate Bill No. 4–Committee of the Whole

 

June 25, 2003

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes appropriations to State Distributive School Account for class-size reduction. (BDR S‑9)

 

FISCAL NOTE:  Effect on Local Government: No.

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

 

~

 

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.

 

    Whereas, The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and

    Whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in Fiscal Years 2003-2004 and 2004-2005, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Years 2003-2004 and 2004-2005; and

    Whereas, Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3; and

    Whereas, It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3; and

    Whereas, School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction; and

    Whereas, School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement; and

    Whereas, Reduced class sizes may increase pupil academic achievement and may decrease the need for pupil discipline; and

    Whereas, Additional funding has not been provided to reduce class-sizes in grades 4, 5 and 6, however, school districts may wish to use available money for class-size reduction to reduce class-sizes in those grades; and

    Whereas, The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and

    Whereas, School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided; and

    Whereas, With this act, the Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the State and to continue reducing the pupil-teacher ratio in grade 3; and

    Whereas, Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  General Fund to the State Distributive School Account the sum of

1-3  $108,937,389 for distribution by the Superintendent of Public

1-4  Instruction to the county school districts for Fiscal Year 2003-2004

1-5  which must, except as otherwise provided in sections 3 and 5 of this

1-6  act, be used to employ teachers to comply with the required ratio of

1-7  pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2

1-8  and in selected kindergartens with pupils who are considered at risk

1-9  of failure by the Superintendent of Public Instruction and to

2-1  maintain the current ratio of pupils per teacher in grade 3.

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

2-3  accounted for in a separate category of expenditure in the State

2-4  Distributive School Account.

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

2-6  the money appropriated by subsection 1 must be used to pay the

2-7  salaries and benefits of not less than 1,887 teachers employed by

2-8  school districts to meet the required pupil-teacher ratios in the 2003-

2-9  2004 school year.

2-10      3.  Any remaining balance of the sum appropriated by

2-11  subsection 1 must not be committed for expenditure after June 30,

2-12  2004, and must be transferred and added to the money appropriated

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

2-14  this act for the 2004-2005 fiscal year, and may be expended as that

2-15  money is expended.

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

2-17  General Fund to the State Distributive School Account the sum of

2-18  $117,142,553 for distribution by the Superintendent of Public

2-19  Instruction to the county school districts for Fiscal Year 2004-2005

2-20  which must, except as otherwise provided in sections 3 and 5 of this

2-21  act, be used to employ teachers to comply with the required ratio of

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

2-23  and in selected kindergartens with pupils who are considered at risk

2-24  of failure by the Superintendent of Public Instruction and to

2-25  maintain the current ratio of pupils per teacher in grade 3.

2-26  Expenditures for the class-size reduction program must be

2-27  accounted for in a separate category of expenditure in the State

2-28  Distributive School Account.

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

2-30  the money appropriated by subsection 1 must be used to pay the

2-31  salaries and benefits of not less than 1,953 teachers employed by

2-32  school districts to meet the required pupil-teacher ratios in the 2004-

2-33  2005 school year.

2-34      3.  Any remaining balance of the sum appropriated by

2-35  subsection 1, including any money added thereto pursuant to section

2-36  1 of this act, must not be committed for expenditure after June 30,

2-37  2005, and reverts to the State General Fund as soon as all payments

2-38  of money committed have been made.

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

2-40  board of trustees of each county school district:

2-41      (a) Shall file a plan with the Superintendent of Public Instruction

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

2-43  act will be used to comply with the required ratio of pupils to

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

3-1  (b) May, after receiving approval of the plan from the

3-2  Superintendent of Public Instruction, use the money appropriated by

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

3-4  reducing the ratio of pupils per teacher or to carry out programs of

3-5  remedial education that have been found to be effective in

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

3-7  combined ratio of pupils per teacher in the aggregate of kindergarten

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

3-9  combined ratio of pupils per teacher in the aggregate of kindergarten

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

3-11  year. The plan approved by the Superintendent of Public Instruction

3-12  must describe the method to be used by the school district to

3-13  evaluate the effectiveness of the alternative program or remedial

3-14  programs in improving pupil achievement.

3-15      2.  In lieu of complying with subsection 1, the board of trustees

3-16  of a school district that is located in a county whose population is

3-17  less than 100,000 may, after receiving approval of the plan from the

3-18  Superintendent of Public Instruction, use the money appropriated by

3-19  sections 1 and 2 of this act to carry out a program in which

3-20  alternative pupil-teacher ratios are carried out in grades 1 through 5

3-21  or grades 1 through 6, as applicable. Alternative ratios for grade 6

3-22  may only be approved for those school districts that include grade 6

3-23  in elementary school. The alternative pupil-teacher ratios shall not:

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

3-25      (b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as

3-26  applicable.

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

3-28  of remedial education pursuant to paragraph (b) of subsection 1 or to

3-29  carry out alternative pupil-teacher ratios pursuant to subsection 2,

3-30  the school district shall evaluate the effectiveness of the alternative

3-31  program. The evaluation must include, without limitation, the effect

3-32  of the alternative program on:

3-33      (a) Team-teaching;

3-34      (b) Pupil discipline; and

3-35      (c) The academic achievement of pupils.

3-36      4.  A school district shall submit a written report of the results

3-37  of the evaluation to the Superintendent of Public Instruction on or

3-38  before December 1 of each year for the immediately preceding

3-39  school year. The Superintendent of Public Instruction shall

3-40  summarize the results of the evaluations and report the findings in

3-41  an interim report to the Legislative Committee on Education on or

3-42  before February 16, 2004.

3-43      5.  On or before February 1, 2005, the Superintendent of Public

3-44  Instruction shall submit a final written report of the results of the

3-45  evaluations of alternative class-size reduction programs to the

4-1  Legislative Bureau of Educational Accountability and Program

4-2  Evaluation. On or before February 15, 2005, the Legislative Bureau

4-3  of Educational Accountability and Program Evaluation shall submit

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

4-5  Counsel Bureau for transmission to the 73rd Session of the Nevada

4-6  Legislature.

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

4-8  final written report required pursuant to subsection 5 must include,

4-9  without limitation:

4-10      (a) The number of school districts for which an alternative class-

4-11  size reduction program was approved;

4-12      (b) A description of the approved alternative class-size reduction

4-13  programs; and

4-14      (c) The effect of the alternative class-size reduction programs

4-15  on:

4-16          (1) Team teaching;

4-17          (2) Pupil discipline; and

4-18          (3) The academic achievement of pupils.

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

4-20  that is located in a county whose population is 100,000 or more

4-21  shall study the current class-sizes in the school district for grades 1

4-22  to 5, inclusive, to determine whether alternative pupil-teacher ratios

4-23  may:

4-24      (a) Improve the academic achievement of pupils;

4-25      (b) Decrease pupil discipline; or

4-26      (c) Decrease or eliminate team-teaching in grades 1 and 2.

4-27      2.  In conducting the study, the school district shall consider the

4-28  costs that would be associated with carrying out the alternative

4-29  pupil-teacher ratios, including, without limitation, the:

4-30      (a) Number of additional classrooms needed; and

4-31      (b) Number of additional teachers needed.

4-32      3.  On or before February 15, 2005, each school district that

4-33  conducts a study of alternative pupil-teacher ratios pursuant to this

4-34  section shall submit a written report of its findings concerning

4-35  alternative pupil-teacher ratios to the:

4-36      (a) Director of the Legislative Counsel Bureau for transmission

4-37  to the 73rd Session of the Nevada Legislature;

4-38      (b) Legislative Bureau of Educational Accountability and

4-39  Program Evaluation; and

4-40      (c) State Board of Education.

4-41      Sec. 5.  1.  The money appropriated for class-size reduction

4-42  pursuant to sections 1 and 2 of this act:

4-43      (a) May be applied first to pupils considered most at risk of

4-44  failure.

5-1  (b) Must not be used to settle or arbitrate disputes between a

5-2  recognized organization representing employees of a school district

5-3  and the school district, or to settle any negotiations.

5-4  (c) Must not be used to adjust the district-wide schedules of

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

5-6  2.  The money appropriated for class-size reduction pursuant to

5-7  sections 1 and 2 of this act must not be distributed to a school

5-8  district unless that school district has:

5-9  (a) Filed with the Department of Education a plan for achieving

5-10  the required ratio set forth in NRS 388.700; and

5-11      (b) Demonstrated that, from resources of the school district

5-12  other than allocations received from the State Distributive School

5-13  Account for class-size reduction, a sufficient number of classroom

5-14  teachers have been employed to maintain the average pupil-teacher

5-15  ratio that existed for each grade for grades 1, 2 and 3, in that school

5-16  district for the 3 school years immediately preceding the start of the

5-17  class-size reduction program in the 1990-1991 school year. In

5-18  addition, if a school district uses the allocations received from the

5-19  State Distributive School Account for class-size reduction to carry

5-20  out an alternative class-size reduction program as set forth in

5-21  subsection 2 of section 3 of this act, a sufficient number of teachers

5-22  have been employed to maintain the average pupil-teacher ratio that

5-23  existed in each grade so reduced, in that school district for the 3

5-24  years immediately preceding the implementation of the alternative

5-25  program.

5-26      Sec. 6.  In no event may the alternative pupil-teacher ratios

5-27  authorized pursuant to subsection 2 of section 3 of this act be carried

5-28  out beyond the 2003-2005 biennium unless the 73rd Session of the

5-29  Nevada Legislature determines that the alternative pupil-teacher

5-30  ratios may be carried out after June 30, 2005.

5-31      Sec. 7.  1.  This section and sections 1 and 3 to 6, inclusive, of

5-32  this act become effective on July 1, 2003.

5-33      2.  Section 2 of this act becomes effective on July 1, 2004.

 

5-34  H