Senate Bill No. 5–Committee of the Whole

 

June 25, 2003

____________

 

Referred to Committee of the Whole

 

SUMMARY—Apportions State Distributive School Account in State General Fund for 2003-2005 biennium (BDR 34‑8)

 

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 public schools; requiring the Department of Education to prescribe a minimum amount of money that each school district must expend each year for textbooks, instructional supplies and instructional hardware; requiring that a certain amount of money must be withheld from the basic support allocation to a school district if the school district does not expend the required amount; revising provisions governing the purchase of retirement credit for certain teachers; requiring the boards of trustees of school districts to purchase retirement credit for certain school psychologists under certain circumstances; apportioning the State Distributive School Account in the State General Fund for the 2003-2005 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; making an appropriation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1.  Chapter 387 of NRS is hereby amended by adding

2-2  thereto a new section to read as follows:

2-3  1.  On or before July 1 of each year, the Department, in

2-4  consultation with the Budget Division of the Department of

2-5  Administration and the Fiscal Analysis Division of the Legislative

2-6  Counsel Bureau, shall develop or revise, as applicable, a formula

2-7  for determining the minimum amount of money that each school

2-8  district is required to expend each fiscal year for textbooks,

2-9  instructional supplies and instructional hardware. The formula

2-10  must be used only to develop expenditure requirements and must

2-11  not be used to alter the distribution of money for basic support to

2-12  school districts.

2-13      2.  Upon approval of the formula pursuant to subsection 1, the

2-14  Department shall provide written notice to each school district

2-15  within the first 30 days of each fiscal year that sets forth the

2-16  required minimum combined amount of money that the school

2-17  district must expend for textbooks, instructional supplies and

2-18  instructional hardware for that fiscal year.

2-19      3.  On or before January 1 of each year, the Department shall

2-20  determine whether each school district has expended, during the

2-21  immediately preceding fiscal year, the required minimum amount

2-22  of money set forth in the notice provided pursuant to subsection 2.

2-23  In making this determination, the Department shall use the report

2-24  submitted by the school district pursuant to NRS 387.303.

2-25      4.  Except as otherwise provided in subsection 5, if the

2-26  Department determines that a school district has not expended the

2-27  required minimum amount of money set forth in the notice

2-28  provided pursuant to subsection 2, a reduction must be made from

2-29  the basic support allocation otherwise payable to that school

2-30  district in an amount that is equal to the difference between the

2-31  actual combined expenditure for textbooks, instructional supplies

2-32  and instructional hardware and the minimum required combined

2-33  expenditure set forth in the notice provided pursuant to subsection

2-34  2. A reduction in the amount of the basic support allocation

2-35  pursuant to this subsection:

2-36      (a) Does not reduce the amount that the school district is

2-37  required to expend on textbooks, instructional supplies and

2-38  instructional hardware in the current fiscal year; and

2-39      (b) Must not exceed the amount of basic support that was

2-40  provided to the school district for the fiscal year in which the

2-41  minimum expenditure amount was not satisfied.

2-42      5.  If the actual enrollment of pupils in a school district is less

2-43  than the enrollment included in the projections used in the school

2-44  district’s biennial budget submitted pursuant to NRS 387.303, the

2-45  required expenditure for textbooks, instructional supplies and

3-1  instructional hardware pursuant to this section must be reduced

3-2  proportionately.

3-3  Sec. 2.  NRS 387.205 is hereby amended to read as follows:

3-4  387.205  1.  Subject to the limitations set forth in NRS

3-5  387.207 [,] and section 1 of this act,money on deposit in the county

3-6  school district fund or in a separate account, if the board of trustees

3-7  of a school district has elected to establish such an account pursuant

3-8  to the provisions of NRS 354.603, must be used for:

3-9  (a) Maintenance and operation of the public schools controlled

3-10  by the county school district.

3-11      (b) Payment of premiums for Nevada industrial insurance.

3-12      (c) Rent of schoolhouses.

3-13      (d) Construction, furnishing or rental of teacherages, when

3-14  approved by the Superintendent of Public Instruction.

3-15      (e) Transportation of pupils, including the purchase of new

3-16  buses.

3-17      (f) Programs of nutrition, if such expenditures do not curtail the

3-18  established school program or make it necessary to shorten the

3-19  school term, and each pupil furnished lunch whose parent or

3-20  guardian is financially able so to do pays at least the actual cost of

3-21  the lunch.

3-22      (g) Membership fees, dues and contributions to an

3-23  interscholastic activities association.

3-24      (h) Repayment of a loan made from the State Permanent School

3-25  Fund pursuant to NRS 387.526.

3-26      2.  Subject to the limitations set forth in NRS 387.207[,] and

3-27  section 1 of this act, money on deposit in the county school district

3-28  fund, or in a separate account, if the board of trustees of a school

3-29  district has elected to establish such an account pursuant to the

3-30  provisions of NRS 354.603, when available, may be used for:

3-31      (a) Purchase of sites for school facilities.

3-32      (b) Purchase of buildings for school use.

3-33      (c) Repair and construction of buildings for school use.

3-34      Sec. 3.  NRS 387.207 is hereby amended to read as follows:

3-35      387.207 1.  Except as otherwise provided in this section, in

3-36  each school year a school district shall spend for [textbooks,] library

3-37  books and [supplies and materials relating to instruction, including,

3-38  without limitation,] software for computers[,] an amount of money,

3-39  expressed as an amount per pupil, that is at least equal to the

3-40  average of the total amount of money that was expended per year by

3-41  the school district for those items in the immediately preceding 3

3-42  years.

3-43      2.  Except as otherwise provided in this section, in each school

3-44  year a school district shall spend for the purchase of equipment

3-45  relating to instruction, including, without limitation, equipment for

4-1  telecommunications and for the purchase of equipment relating to

4-2  the transportation of pupils, an amount of money, expressed as an

4-3  amount per pupil, that is at least equal to the average of the total

4-4  amount of money that was expended per year by the school district

4-5  for those items in the immediately preceding 3 years.

4-6  3.  Except as otherwise provided in this section, in each school

4-7  year a school district shall spend for the maintenance and repair of

4-8  equipment, vehicles, and buildings and facilities an amount of

4-9  money, expressed as an amount per pupil, that is at least equal to the

4-10  average of the total amount of money that was expended per year by

4-11  the school district for those items in the immediately preceding 3

4-12  years, excluding any amount of money derived from the proceeds of

4-13  bonds.

4-14      4.  A school district may satisfy the expenditures required by

4-15  subsections 1, 2 and 3 if the school district spends an aggregate

4-16  amount of money for all the items identified in those subsections

4-17  that is at least equal to the average of the total amount of money

4-18  expended by the school district per year for all those items in the

4-19  immediately preceding 3 years.

4-20      5.  A school district is not required to satisfy the expenditures

4-21  required by this section for a school year in which:

4-22      (a) The total number of pupils who are enrolled in public

4-23  schools within the school district has declined from the immediately

4-24  preceding school year; or

4-25      (b) The total revenue available in the general fund of the school

4-26  district has declined from the immediately preceding school year.

4-27      Sec. 4.  NRS 391.165 is hereby amended to read as follows:

4-28      391.165  1.  Except as otherwise provided in subsection 3 [of

4-29  this section] and except as otherwise required as a result of NRS

4-30  286.537, the board of trustees of a school district shall pay the cost

4-31  for a licensed teacher to purchase one-fifth of a year of service

4-32  pursuant to subsection 2 of NRS 286.300 if:

4-33      (a) The teacher is a member of the Public Employees’

4-34  Retirement System and has at least 5 years of service;

4-35      (b) The teacher has been employed as a licensed teacher in this

4-36  state for at least 5 consecutive school years, regardless of whether

4-37  the employment was with one or more school districts in this state;

4-38      (c) Each evaluation of the teacher conducted pursuant to NRS

4-39  391.3125 is at least satisfactory for the years of employment

4-40  required by paragraph (b); and

4-41      (d) In addition to the years of employment required by

4-42  paragraph (b), the teacher has been employed as a licensed teacher

4-43  for [1 school year] 2 school yearsat a school within the school

4-44  district which, [for that school year, carries] during his employment

4-45  at the school:

5-1       (1) Carried the designation of demonstrating need for

5-2  improvement [pursuant to NRS 385.367.] ; or

5-3       (2) At least 65 percent of the pupils who are enrolled in the

5-4  school are children who are at risk.

5-5  The provisions of this paragraph do not require consecutive years

5-6  of employment or employment at the same school within the

5-7  school district.

5-8  2.  Except as otherwise provided in subsection 3, the board of

5-9  trustees of a school district shall pay the cost for a licensed teacher

5-10  to purchase one-fifth of a year of service for each year that a teacher

5-11  [is employed as a teacher at a school within the school district that is

5-12  described in paragraph (d)] satisfies the requirements of

5-13  subsection 1.

5-14      3.  In no event may the years of service purchased by a licensed

5-15  teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.

5-16      4.  The board of trustees of a school district shall not:

5-17      (a) Assign or reassign a licensed teacher to circumvent the

5-18  requirements of this section.

5-19      (b) Include[,] as part of a teacher’s salary[,] the costs of paying

5-20  the teacher to purchase service pursuant to this section.

5-21      5.  As used in this section[, “service”] :

5-22      (a) A child is “at risk” if he is eligible for free or reduced-price

5-23  lunches pursuant to 42 U.S.C. §§ 1751 et. seq.

5-24      (b) “Service” has the meaning ascribed to it in NRS 286.078.

5-25      Sec. 5.  NRS 391.165 is hereby amended to read as follows:

5-26      391.165  1.  Except as otherwise provided in subsection 3 of

5-27  this section and except as otherwise required as a result of NRS

5-28  286.537, the board of trustees of a school district shall pay the cost

5-29  for a licensed teacher or licensed school psychologistto purchase

5-30  one-fifth of a year of service pursuant to subsection 2 of NRS

5-31  286.300 if:

5-32      (a) The teacher or school psychologist is a member of the Public

5-33  Employees’ Retirement System and has at least 5 years of service;

5-34      (b) The teacher or school psychologisthas been employed as a

5-35  licensed teacher or licensed school psychologist in this state for at

5-36  least 5 consecutive school years, regardless of whether the

5-37  employment was with one or more school districts in this state;

5-38      (c) Each evaluation of the teacher or school psychologist

5-39  conducted pursuant to NRS 391.3125 is at least satisfactory for the

5-40  years of employment required by paragraph (b); and

5-41      (d) In addition to the years of employment required by

5-42  paragraph (b) [, the] :

5-43          (1) The teacher has been employed as a licensed teacher for

5-44  2 school years at a school within the school district which, during

5-45  his employment at the school:

6-1       [(1)] (I) Carried the designation of demonstrating need for

6-2  improvement; or

6-3       [(2)] (II) At least 65 percent of the pupils who are enrolled

6-4  in the school are children who are at risk[.] ;

6-5       (2) The teacher holds an endorsement in the field of

6-6  mathematics, science, special education or English as a second

6-7  language and has been employed for at least 1 school year to teach

6-8  in the subject area for which he holds an endorsement; or

6-9       (3) The school psychologist has been employed as a

6-10  licensed school psychologist for at least 1 school year.

6-11  The provisions of this paragraph do not require consecutive years of

6-12  employment or employment at the same school within the school

6-13  district.

6-14      2.  Except as otherwise provided in subsection 3, the board of

6-15  trustees of a school district shall pay the cost for a licensed teacher

6-16  or school psychologistto purchase one-fifth of a year of service for

6-17  each year that a teacher or school psychologist satisfies the

6-18  requirements of subsection 1. If, in 1 school year, a teacher

6-19  satisfies the criteria set forth in both subparagraphs (1) and (2) of

6-20  paragraph (d) of subsection 1, the school district in which the

6-21  teacher is employed is not required to pay for more than one-fifth

6-22  of a year of service pursuant to subsection 2 of NRS 286.300 for

6-23  that school year.

6-24      3.  In no event may the years of service purchased by a licensed

6-25  teacher or school psychologist as a result of subsection 2 of NRS

6-26  286.300 exceed 5 years.

6-27      4.  The board of trustees of a school district shall not:

6-28      (a) Assign or reassign a licensed teacher or school psychologist

6-29  to circumvent the requirements of this section.

6-30      (b) Include[,] as part of a teacher’s or school psychologist’s

6-31  salary[,] the costs of paying the teacher or school psychologistto

6-32  purchase service pursuant to this section.

6-33      5.  As used in this section:

6-34      (a) A child is “at risk” if he is eligible for free or reduced-price

6-35  lunches pursuant to 42 U.S.C. §§ 1751 et. seq.

6-36      (b) “Service has the meaning ascribed to it in NRS 286.078.

6-37      Sec. 6.  The basic support guarantee for school districts for

6-38  operating purposes for the 2003-2004 Fiscal Year is an estimated

6-39  weighted average of $4,295 per pupil. For each respective school

6-40  district, the basic support guarantee per pupil for the 2003-2004

6-41  Fiscal Year is:

 

6-42  Carson City.................................... $4,923

6-43  Churchill County........................... $5,418

6-44  Clark County.................................. $4,127

7-1  Douglas County.............................. $4,541

7-2  Elko County.................................... $5,307

7-3  Esmeralda County.......................... $9,169

7-4  Eureka County................................ $3,495

7-5  Humboldt County........................... $5,362

7-6  Lander County................................ $4,836

7-7  Lincoln County............................... $7,943

7-8  Lyon County................................... $5,553

7-9  Mineral County............................... $6,012

7-10  Nye County.................................... $5,561

7-11  Pershing County............................ $6,385

7-12  Storey County................................ $7,082

7-13  Washoe County.............................. $4,161

7-14  White Pine County........................ $6,164

7-15      Sec. 7.  1.  The basic support guarantee for school districts for

7-16  operating purposes for the 2004-2005 Fiscal Year is an estimated

7-17  weighted average of $4,424 per pupil.

7-18      2.  On or before April 1, 2004, the Department of Taxation shall

7-19  provide a certified estimate of the assessed valuation for each school

7-20  district for the 2004-2005 Fiscal Year. The assessed valuation for

7-21  each school district must be that which is taxable for purposes of

7-22  providing revenue to school districts, including any assessed

7-23  valuation attributable to the net proceeds of minerals derived from

7-24  within the boundaries of the district.

7-25      3.   Pursuant to NRS 362.115, on or before April 25 of each

7-26  year, the Department of Taxation shall provide an estimate of the

7-27  net proceeds of minerals based upon statements required of mine

7-28  operators.

7-29      4.  For purposes of establishing the basic support guarantee, the

7-30  estimated basic support guarantees for each school district for the

7-31  2004-2005 Fiscal Year for operating purposes are:

 

7-32                            Basic                             Estimated

7-33                          Support                               Basic

7-34                         Guarantee    Estimated       Support

7-35                           Before    Ad Valorem   Guarantee

7-36  School DistrictAdjustmentAdjustmentas Adjusted

7-37  Carson City     $4,462         $643            $5,105

7-38  Churchill County $5,094    $514            $5,608

7-39  Clark County   $3,328         $921            $4,249

7-40  Douglas County$3,196    $1,451            $4,647

7-41  Elko County    $5,004         $508            $5,512

7-42  Esmeralda County$6,596$2,987            $9,583

7-43  Eureka County$(5,236)   $9,304            $4,068

7-44  Humboldt County$5,006    $642            $5,648

8-1  Lander County $3,741      $1,328            $5,069

8-2  Lincoln County $7,519        $664            $8,183

8-3  Lyon County    $5,149         $593            $5,742

8-4  Mineral County $5,792        $473            $6,265

8-5  Nye County      $4,888         $877            $5,765

8-6  Pershing County $5,714      $949            $6,663

8-7  Storey County $5,559      $1,848            $7,407

8-8  Washoe County $3,393        $908            $4,301

8-9  White Pine County            $5,915              $482  $6,397

 

8-10      5.  The ad valorem adjustment may be made only to take into

8-11  account the difference in the assessed valuation and the estimated

8-12  enrollment of the school district between the amount estimated as of

8-13  April 1, 2003, and the amount estimated as of April 1, 2004, for the

8-14  2004-2005 Fiscal Year. Estimates of net proceeds of minerals

8-15  received from the Department of Taxation on or before April 25

8-16  pursuant to subsection 3 must be taken into consideration in

8-17  determining the adjustment.

8-18      6.  Upon receipt of the certified estimates of assessed valuations

8-19  as of April 1, 2004, from the Department of Taxation, the

8-20  Department of Education shall recalculate the amount of ad valorem

8-21  adjustment and the tentative basic support guarantee for operating

8-22  purposes for the 2004-2005 Fiscal Year by April 15, 2004. The final

8-23  basic support guarantee for each school district for the 2004-2005

8-24  Fiscal Year is the amount, which is recalculated for the 2004-2005

8-25  Fiscal Year pursuant to this section, taking into consideration

8-26  estimates of net proceeds of minerals received from the Department

8-27  of Taxation on or before April 25, 2004. The basic support

8-28  guarantee recalculated pursuant to this section must be calculated

8-29  before May 31, 2004.

8-30      Sec. 8.  1.  The basic support guarantee for each special

8-31  education program unit that is maintained and operated for at least 9

8-32  months of a school year is $31,811 in the 2003-2004 Fiscal Year

8-33  and $32,447 in the 2004-2005 Fiscal Year, except as limited by

8-34  subsection 2.

8-35      2.  The maximum number of units and amount of basic support

8-36  for special education program units within each of the school

8-37  districts, before any reallocation pursuant to NRS 387.1221, for the

8-38  Fiscal Years 2003-2004 and 2004-2005 are:

 

8-39                   Allocation of Special Education Units

8-40                          2003-2004           2004-2005

8-41  DISTRICTUnits   Amount  Units    Amount

8-42  Carson City  82$2,608,502     84$2,725,548

8-43  Churchill County           45$1,431,495     46   $1,492,562

9-1  Clark County1,594$50,706,7341,661$53,894,467

9-2  Douglas County             64$2,035,904     65   $2,109,055

9-3  Elko County80$2,544,880     80$2,595,760

9-4  Esmeralda County            2$63,622            2   $64,894

9-5  Eureka County 4$127,244         4  $129,788

9-6  Humboldt County          30$954,330        30   $973,410

9-7  Lander County12$381,732      12  $389,364

9-8  Lincoln County17$540,787    17  $551,599

9-9  Lyon County 56$1,781,416     57$1,849,479

9-10  Mineral County             12$381,732        12   $389,364

9-11  Nye County 47$1,495,117     50$1,622,350

9-12  Pershing County            14$445,354        14   $454,258

9-13  Storey County 8$254,488         8  $259,576

9-14  Washoe County           491$15,619,201510   $16,547,970

9-15  White Pine County        17$540,787        16   $519,152

9-16  Subtotal  2,575$81,913,3252,668$86,568,596

9-17  Reserved by State

9-18  Board of Education       40  $1,272,440     40  $1,297,880

9-19  TOTAL   2,615$83,185,7652,708$87,866,476

 

9-20      3.  The State Board of Education shall reserve 40 special

9-21  education program units in each fiscal year of the 2003-2005

9-22  biennium, to be allocated to school districts by the State Board of

9-23  Education to meet additional needs that cannot be met by the

9-24  allocations provided in subsection 2 to school districts for that fiscal

9-25  year. In addition, charter schools in this state are authorized to apply

9-26  directly to the Department of Education for the reserved special

9-27  education program units, which may be allocated upon approval of

9-28  the State Board of Education.

9-29      4.  Notwithstanding the provisions of subsections 2 and 3, the

9-30  State Board of Education is authorized to spend from the State

9-31  Distributive School Account up to $181,067 in the Fiscal Year

9-32  2003-2004 for 5.69 special education program units and $190,877 in

9-33  the Fiscal Year 2004-2005 for 5.88 special education program units

9-34  for instructional programs incorporating educational technology for

9-35  gifted and talented pupils. Any school district may submit a written

9-36  application to the Department of Education requesting one or more

9-37  of the units for gifted and talented pupils. For each fiscal year of the

9-38  2003-2005 biennium, the Department will award the units for gifted

9-39  and talented pupils based on a review of applications received from

9-40  school districts.

9-41      Sec. 9.  1.  There is hereby appropriated from the State

9-42  General Fund to the State Distributive School Account in the State

9-43  General Fund created pursuant to NRS 387.030:

 

10-1  For the 2003-2004 Fiscal Year$637,789,627

10-2  For the 2004-2005 Fiscal Year$767,086,697

10-3      2.  The money appropriated by subsection 1 must be:

10-4      (a) Expended in accordance with NRS 353.150 to 353.245,

10-5  inclusive, concerning the allotment, transfer, work program and

10-6  budget; and

10-7      (b) Work-programmed for the 2 separate Fiscal Years 2003-

10-8  2004 and 2004-2005, as required by NRS 353.215. Work programs

10-9  may be revised with the approval of the Governor upon the

10-10  recommendation of the Chief of the Budget Division of the

10-11  Department of Administration.

10-12     3.  Transfers to and from allotments must be allowed and made

10-13  in accordance with NRS 353.215 to 353.225, inclusive, after

10-14  separate considerations of the merits of each request.

10-15     4.  The sums appropriated by subsection 1 are available for

10-16  either fiscal year or may be transferred to Fiscal Year 2002-2003.

10-17  Money may be transferred from one fiscal year to another with the

10-18  approval of the Governor upon the recommendation of the Chief of

10-19  the Budget Division of the Department of Administration. If funds

10-20  appropriated by subsection 1 are transferred to Fiscal Year 2002-

10-21  2003, any remaining funds in the State Distributive School Account

10-22  after all obligations have been met that are not subject to reversion

10-23  to the State General Fund must be transferred back to Fiscal Year

10-24  2003-2004. Any amount transferred back to Fiscal Year 2003-2004

10-25  must not exceed the amount originally transferred to Fiscal Year

10-26  2002-2003.

10-27     5.  Any remaining balance of the appropriation made by

10-28  subsection 1 for the 2003-2004 Fiscal Year must be transferred and

10-29  added to the money appropriated for the 2004-2005 Fiscal Year and

10-30  may be expended as that money is expended.

10-31     6.  Any remaining balance of the appropriation made by

10-32  subsection 1 for the 2004-2005 Fiscal Year, including any money

10-33  added thereto pursuant to the provisions of subsections 3 and 5,

10-34  must not be committed for expenditure after June 30, 2005, and

10-35  reverts to the State General Fund as soon as all payments of money

10-36  committed have been made.

10-37     Sec. 10.  1.  Expenditure of $208,890,478 by the Department

10-38  of Education from money in the State Distributive School Account

10-39  that was not appropriated from the State General Fund is hereby

10-40  authorized during the fiscal year beginning July 1, 2003.

10-41     2.  Expenditure of $147,771,085 by the Department of

10-42  Education from money in the State Distributive School Account that

10-43  was not appropriated from the State General Fund is hereby

10-44  authorized during the fiscal year beginning July 1, 2004.

11-1      3.  For purposes of accounting and reporting, the sums

11-2  authorized for expenditure by subsections 1 and 2 are considered to

11-3  be expended before any appropriation is made to the State

11-4  Distributive School Account from the State General Fund.

11-5      4.  The money authorized to be expended by subsections 1 and

11-6  2 must be expended in accordance with NRS 353.150 to 353.245,

11-7  inclusive, concerning the allotment, transfer, work program and

11-8  budget. Transfers to and from allotments must be allowed and made

11-9  in accordance with NRS 353.215 to 353.225, inclusive, after

11-10  separate consideration of the merits of each request.

11-11     5.  The Chief of the Budget Division of the Department of

11-12  Administration may, with the approval of the Governor, authorize

11-13  the augmentation of the amounts authorized for expenditure by the

11-14  Department of Education, in subsections 1 and 2, for the purpose of

11-15  meeting obligations of the State incurred under chapter 387 of NRS

11-16  with amounts from any other state agency, from any agency of local

11-17  government, from any agency of the Federal Government or from

11-18  any other source that he determines is in excess of the amount taken

11-19  into consideration by this act. The Chief of the Budget Division of

11-20  the Department of Administration shall reduce any authorization

11-21  whenever he determines that money to be received will be less than

11-22  the amount authorized in subsections 1 and 2.

11-23     Sec. 11.  During each of the Fiscal Years 2003-2004 and 2004-

11-24  2005, whenever the State Controller finds that current claims against

11-25  the State Distributive School Account in the State General Fund

11-26  exceed the amount available in the Account to pay those claims, he

11-27  may advance temporarily from the State General Fund to the State

11-28  Distributive School Account the amount required to pay the claims,

11-29  but not more than the amount expected to be received in the current

11-30  fiscal year from any source authorized for the State Distributive

11-31  School Account. No amount may be transferred unless requested by

11-32  the Chief of the Budget Division of the Department of

11-33  Administration.

11-34     Sec. 12.  The Department of Education is hereby authorized to

11-35  spend from the State Distributive School Account the sums of

11-36  $16,926,569 for the 2003-2004 Fiscal Year and $17,843,596 for the

11-37  2004-2005 Fiscal Year for the support of courses which are

11-38  approved by the Department of Education as meeting the course of

11-39  study for an adult standard high school diploma as approved by the

11-40  State Board of Education. In each fiscal year of the 2003-2005

11-41  biennium, the sum authorized must be allocated among the various

11-42  school districts in accordance with a plan or formula developed by

11-43  the Department of Education to ensure the money is distributed

11-44  equitably and in a manner that permits accounting for the

11-45  expenditures of school districts.

12-1      Sec. 13.  The Department of Education is hereby authorized to

12-2  provide from the State Distributive School Account the sum of

12-3  $50,000 to each of the 17 school districts in each fiscal year of the

12-4  2003-2005 biennium to support special counseling services for

12-5  elementary school pupils at risk of failure.

12-6      Sec. 14.  The amounts of the guarantees set forth in sections 6

12-7  and 7 of this act may be reduced to effectuate a reserve required

12-8  pursuant to NRS 353.225.

12-9      Sec. 15.  1.  The Department of Education shall transfer from

12-10  the State Distributive School Account to the school districts

12-11  specified in this section the following sums for Fiscal Years 2003-

12-12  2004 and 2004-2005 :

 

12-13  School District         2003-20042004-2005

12-14  Clark County School District$4,532,532$4,552,361

12-15  Douglas County School District$1,146,374  $1,175,848

12-16  Elko County School District$1,291,907$1,295,158

12-17  Washoe County School District$1,847,128   $1,913,468

12-18                                   $8,817,941$8,936,835

 

12-19     2.  A school district that receives an allocation pursuant to

12-20  subsection 1 shall:

12-21     (a) Use the money to maintain and continue the operation of a

12-22  regional training program for the professional development of

12-23  teachers and administrators established by the school district

12-24  pursuant to NRS 391.512; and

12-25     (b) Use the money to maintain and continue the operation of the

12-26  Nevada Early Literacy Intervention Program through the regional

12-27  training program established pursuant to paragraph (a).

12-28     3.  Any remaining balance of the transfers made by subsection

12-29  1 for the 2003-2004 Fiscal Year must be added to the money

12-30  received by the school districts for the 2004-2005 Fiscal Year and

12-31  may be expended as that money is expended. Any remaining

12-32  balance of the transfers made by subsection 1 for the 2004-2005

12-33  Fiscal Year, including any money added from the transfer for the

12-34  previous fiscal year, must not be committed for expenditure after

12-35  June 30, 2005, and reverts to the State Distributive School Account

12-36  as soon as all payments of money committed have been made.

12-37     Sec. 16.  1.  The Legislative Bureau of Educational

12-38  Accountability and Program Evaluation is hereby authorized to

12-39  receive from the State Distributive School Account to spend for an

12-40  evaluation of the regional training programs for the professional

12-41  development of teachers and administrators established pursuant to

12-42  NRS 391.512:

 

13-1  For the Fiscal Year 2003-2004 $100,000

13-2  For the Fiscal Year 2004-2005 $100,000

13-3      2.  Any remaining balance of the sums authorized for

13-4  expenditure by subsection 1 for the 2003-2004 Fiscal Year must be

13-5  added to the money authorized for expenditure for the 2004-2005

13-6  Fiscal Year and may be expended as that money is expended. Any

13-7  remaining balance of the sums authorized for expenditure pursuant

13-8  to subsection 1 for the 2004-2005 Fiscal Year, including any money

13-9  added from the authorization for the previous fiscal year, must not

13-10  be committed for expenditure after June 30, 2005, and reverts to the

13-11  State Distributive School Account as soon as all payments of money

13-12  committed have been made.

13-13     Sec. 17.  1.  The Department of Education shall transfer from

13-14  the State Distributive School Account to the Statewide Council for

13-15  the Coordination of the Regional Training Programs created by NRS

13-16  391.516 the sum of $80,000 in each Fiscal Year 2003-2004 and

13-17  2004-2005 for additional training opportunities for educational

13-18  administrators in Nevada.

13-19     2.  The Statewide Council shall use the money:

13-20     (a) To support the goals of Nevada Project LEAD (Leadership

13-21  in Educational Administration Development), as established through

13-22  the Department of Educational Leadership in the College of

13-23  Education, located at the University of Nevada, Reno. In supporting

13-24  the goals of Nevada Project LEAD, the Statewide Council shall:

13-25         (1) Disseminate research-based knowledge related to

13-26  effective educational leadership behaviors and skills; and

13-27         (2) Develop, support and maintain on-going activities,

13-28  programs, training and networking opportunities.

13-29     (b) For purposes of providing additional training for educational

13-30  administrators, including, without limitation, paying:

13-31         (1) Travel expenses of administrators who attend the training

13-32  program;

13-33         (2) Travel and per-diem expenses for any consultants

13-34  contracted to provide additional training; and

13-35         (3) Any charges to obtain a conference room for the

13-36  provision of the additional training.

13-37     (c) To supplement and not replace the money that the school

13-38  district, Nevada Project LEAD or the regional training program

13-39  would otherwise expend for training for administrators as described

13-40  in this section.

13-41     3.  Any remaining balance of the transfers made by subsection

13-42  1 for the 2003-2004 Fiscal Year must be added to the money

13-43  received by the Statewide Council for the 2004-2005 Fiscal Year

13-44  and may be expended as that money is expended. Any remaining

13-45  balance of the transfers made by subsection 1 for the 2004-2005

14-1  Fiscal Year, including any money added from the transfer for the

14-2  previous fiscal year, must not be committed for expenditure after

14-3  June 30, 2005, and reverts to the State Distributive School Account

14-4  as soon as all payments of money committed have been made.

14-5      Sec. 18.  1.  The Department of Education shall transfer from

14-6  the State Distributive School Account the following sums for

14-7  remedial education programs for certain schools:

14-8  For the Fiscal Year 2003-2004$5,179,109

14-9  For the Fiscal Year 2004-2005 $5,013,874

14-10  The money allocated must be used to provide remedial education

14-11  programs that have been approved by the Department as being

14-12  effective in improving pupil achievement.

14-13     2.  A school may submit an application to the Department of

14-14  Education on or before November 1 of each fiscal year for

14-15  transmission to the State Board of Examiners for an allocation from

14-16  the amount authorized by subsection 1 if the school:

14-17     (a) Receives a designation as demonstrating need for

14-18  improvement.

14-19     (b) Did not receive a designation as demonstrating need for

14-20  improvement, but the school failed to meet adequate yearly

14-21  progress; or

14-22     (c) Did not receive a designation as demonstrating need for

14-23  improvement, but more than 40 percent of the pupils enrolled in the

14-24  school received an average score below the 26th percentile on all

14-25  four subjects tested pursuant to NRS 389.015.

14-26     3.  The Department of Education shall, in consultation with the

14-27  Budget Division of the Department of Administration and the

14-28  Legislative Bureau of Educational Accountability and Program

14-29  Evaluation, develop a form for such applications. The form must

14-30  include, without limitation, a notice that money received by a school

14-31  to implement or continue remedial education programs that have

14-32  been approved by the Department as being effective in improving

14-33  pupil achievement will be used to implement or continue the

14-34  programs in a manner that has been approved by the vendor of the

14-35  remedial program.

14-36     4.  Upon receipt of an application submitted pursuant to

14-37  subsection 2, the Department of Education shall review the

14-38  application jointly with the Budget Division of the Department of

14-39  Administration and the Legislative Bureau of Educational

14-40  Accountability and Program Evaluation. The Department

14-41  of Education shall transmit the application to the State Board of

14-42  Examiners with the recommendation of the Department of

14-43  Education concerning the allocation of money based upon each

14-44  application so received. The State Board of Examiners, or the Clerk

14-45  of the Board if authorized by the Board to act on its behalf, shall

15-1  consider each such application and, if it finds that an allocation

15-2  should be made, recommend the amount of the allocation to the

15-3  Interim Finance Committee. The Interim Finance Committee shall

15-4  consider each such recommendation, but is not bound to follow the

15-5  recommendation of the State Board of Examiners when determining

15-6  the allocation to be received by a school. In determining the amount

15-7  of the allocation, the State Board of Examiners and the Interim

15-8  Finance Committee shall consider:

15-9      (a) The total number of pupils enrolled in the school who failed

15-10  to meet adequate yearly progress;

15-11     (b) The percentage of pupils enrolled in the school who failed to

15-12  meet adequate yearly progress;

15-13     (c) The total number of subgroups of pupils, as prescribed by the

15-14  No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq.,

15-15  enrolled in the school who failed to meet adequate yearly progress;

15-16  and

15-17     (d) The financial need of the particular school.

15-18     5.  In addition to the considerations set forth in subsection 4, in

15-19  determining whether to approve an application for a school that has

15-20  received an allocation in the immediately preceding year and in

15-21  determining the amount of the allocation for such a school, the State

15-22  Board of Examiners and the Interim Finance Committee shall

15-23  consider whether the school has carried out the program of remedial

15-24  study for which it received an allocation in a manner that has been

15-25  approved by the vendor of the remedial program and whether the

15-26  program has been successful, as measured by the academic

15-27  achievement of the pupils enrolled in the school on the examinations

15-28  administered pursuant to NRS 389.015 or 389.550 and any

15-29  assessments related to the program of remedial study.

15-30     6.  A school that receives an allocation of money pursuant to

15-31  this section shall use the money to:

15-32     (a) Pay the costs incurred by the school in providing the

15-33  program of remedial study required by NRS 385.389. The money

15-34  must first be applied to those pupils who failed to meet adequate

15-35  yearly progress.

15-36     (b) Pay for the salaries, training or other compensation of

15-37  teachers and other educational personnel to provide the program

15-38  of remedial study, instructional materials required for the program

15-39  of remedial study, equipment necessary to offer the program of

15-40  remedial study and all other additional operating costs attributable to

15-41  the program of remedial study, to the extent that the training,

15-42  materials and equipment are those that are approved by the vendor

15-43  of the remedial program.

15-44     (c) Supplement and not replace the money the school would

15-45  otherwise expend for programs of remedial study.

16-1      7.  Before a school amends a plan for expenditure of an

16-2  allocation of money received pursuant to this section, the school

16-3  district in which the school is located must submit the proposed

16-4  amendment to the Department of Education to receive approval

16-5  from the Department of Education, the Budget Division of the

16-6  Department of Administration and the Legislative Bureau of

16-7  Educational Accountability and Program Evaluation, or the Interim

16-8  Finance Committee.

16-9      8.  The sums authorized for expenditure in subsection 1 are

16-10  available for either fiscal year. Any remaining balance of those sums

16-11  must not be committed for expenditure after June 30, 2005, and

16-12  reverts to the State Distributive School Account as soon as all

16-13  payments of money committed have been made.

16-14     Sec. 19.  1.  The Department of Education shall transfer from

16-15  the State Distributive School Account the following sums for

16-16  supplemental services or tutoring for pupils in non-Title I schools

16-17  that failed to meet adequate yearly progress on the examinations

16-18  administered pursuant to NRS 389.550:

16-19  For the Fiscal Year 2003-2004$1,000,000

16-20  For the Fiscal Year 2004-2005 $1,500,000

16-21     2.  The supplemental services or tutoring for which money is

16-22  provided pursuant to this section must:

16-23     (a) Be conducted before or after school, on weekends, during the

16-24  summer or between sessions in schools with year-round school

16-25  calendars; and

16-26     (b) Be selected by the Department as an approved provider in

16-27  accordance with the No Child Left Behind Act of 2001, 20 U.S.C.

16-28  §§ 6301 et seq.

16-29     3.  A school may submit an application to the Department of

16-30  Education on or before November 1 of each fiscal year for

16-31  transmission to the State Board of Examiners for an allocation from

16-32  the amount authorized by subsection 1 if the school:

16-33     (a) Receives a designation as demonstrating need for

16-34  improvement; and

16-35     (b) Is not receiving money from Title I, 20 U.S.C. §§ 6301 et

16-36  seq.

16-37     4.  The Department of Education shall, in consultation with the

16-38  Budget Division of the Department of Administration and the

16-39  Legislative Bureau of Educational Accountability and Program

16-40  Evaluation, develop a form for such applications.

16-41     5.  Upon receipt of an application submitted pursuant to

16-42  subsection 3, the Department of Education shall review the

16-43  application jointly with the Budget Division of the Department of

16-44  Administration and the Legislative Bureau of Educational

16-45  Accountability and Program Evaluation. The Department of

17-1  Education shall transmit the application to the State Board

17-2  of Examiners with the recommendation of the Department of

17-3  Education concerning the allocation of money based upon each

17-4  application so received. The State Board of Examiners, or the Clerk

17-5  of the Board if authorized by the Board to act on its behalf, shall

17-6  consider each such application and, if it finds that an allocation

17-7  should be made, recommend the amount of the allocation to the

17-8  Interim Finance Committee. The Interim Finance Committee shall

17-9  consider each such recommendation, but is not bound to follow the

17-10  recommendation of the State Board of Examiners when determining

17-11  the allocation to be received by a school district.

17-12     6.  A school that receives an allocation of money pursuant to

17-13  this section shall use the money to:

17-14     (a) Provide supplemental services or tutoring that has been

17-15  selected and approved by the Department of Education.

17-16     (b) Pay the costs incurred by the school in providing the

17-17  supplemental services or tutoring. The money must be applied to

17-18  those pupils who failed to meet adequate yearly progress.

17-19     (c) Pay for the salaries, training or other compensation of

17-20  teachers and other educational personnel to provide the

17-21  supplemental services or tutoring, instructional materials required

17-22  for the program, equipment necessary to offer the program and all

17-23  other additional operating costs attributable to the program.

17-24     (d) Supplement and not replace the money the school district

17-25  would otherwise expend for supplemental services or tutoring.

17-26     7.  Before a school amends a plan for expenditure of an

17-27  allocation of money received pursuant to this section, the school

17-28  district in which the school is located must submit the proposed

17-29  amendment to the Department of Education to receive approval

17-30  from the Department of Education, the Budget Division of the

17-31  Department of Administration and the Legislative Bureau of

17-32  Educational Accountability and Program Evaluation, or the Interim

17-33  Finance Committee.

17-34     8.  The sums transferred pursuant to subsection 1 are available

17-35  for either fiscal year. Any remaining balance of those sums must not

17-36  be committed for expenditure after June 30, 2005, and reverts to the

17-37  State Distributive School Account as soon as all payments of money

17-38  committed have been made.

17-39     Sec. 20.  1.  The Department of Education shall transfer from

17-40  the State Distributive School Account the following sums for early

17-41  childhood education:

17-42  For the Fiscal Year 2003-2004$2,896,583

17-43  For the Fiscal Year 2004-2005$2,896,583

18-1      2.  Of the sums transferred pursuant to subsection 1, $301,000

18-2  in each fiscal year of the 2003-2005 biennium must be used for the

18-3  Classroom on Wheels Program.

18-4      3.  The remaining money transferred by subsection 1 must be

18-5  used by the Department of Education for competitive state grants to

18-6  school districts and community-based organizations for early

18-7  childhood education programs.

18-8      4.  To receive a grant of money pursuant to subsections 2 and 3,

18-9  school districts, community-based organizations and the Classroom

18-10  on Wheels Program must submit a comprehensive plan to the

18-11  Department of Education that includes, without limitation:

18-12     (a) A detailed description of the proposed early childhood

18-13  education program;

18-14     (b) A description of the manner in which the money will be

18-15  used, which must supplement and not replace the money that would

18-16  otherwise be expended for early childhood education programs; and

18-17     (c) A plan for the longitudinal evaluation of the program to

18-18  determine the effectiveness of the program on the academic

18-19  achievement of children who participate in the program.

18-20     5.  A school district, community-based organization or

18-21  Classroom on Wheels Program that receives a grant of money shall:

18-22     (a) Use the money to initiate or expand prekindergarten

18-23  education programs that meet the criteria set forth in the publication

18-24  of the Department of Education, entitled “August 2000 Public

18-25  Support for Prekindergarten Education For School Readiness in

18-26  Nevada.”

18-27     (b) Use the money to supplement and not replace the money that

18-28  the school district, community-based organization or Classroom on

18-29  Wheels Program would otherwise expend for early childhood

18-30  education programs, as described in this section.

18-31     (c) Use the money to pay for the salaries and other items directly

18-32  related to the instruction of pupils in the classroom.

18-33     (d) Submit a longitudinal evaluation of the program in

18-34  accordance with the plan submitted pursuant to paragraph (c) of

18-35  subsection 4.

18-36  The money must not be used to remodel classrooms or facilities or

18-37  for playground equipment.

18-38     6.  The Department of Education shall develop statewide

18-39  performance and outcome indicators to measure the effectiveness of

18-40  the early childhood education programs for which grants of money

18-41  were awarded pursuant to this section. The indicators must include,

18-42  without limitation:

18-43     (a) Longitudinal measures of the developmental progress of

18-44  children before and after their completion of the program;

19-1      (b) Longitudinal measures of parental involvement in the

19-2  program before and after completion of the program; and

19-3      (c) The percentage of participants who drop out of the program

19-4  before completion.

19-5      7.  The Department of Education shall review the evaluations of

19-6  the early childhood education programs submitted by each school

19-7  district, community-based organization and the Classroom on

19-8  Wheels Program pursuant to paragraph (d) of subsection 5 and

19-9  prepare a compilation of the evaluations for inclusion in the report

19-10  submitted pursuant to subsection 8.

19-11     8.  The Department of Education shall, on an annual basis,

19-12  provide a written report to the Governor, Legislative Committee on

19-13  Education and the Legislative Bureau of Educational Accountability

19-14  and Program Evaluation regarding the effectiveness of the early

19-15  childhood programs for which grants of money were received. The

19-16  report must include, without limitation:

19-17     (a) The number of grants awarded;

19-18     (b) An identification of each school district, community-based

19-19  organization and the Classroom on Wheels Program that received a

19-20  grant of money and the amount of each grant awarded;

19-21     (c) For each school district, community based-organization and

19-22  the Classroom on Wheels Program that received a grant of money:

19-23         (1) The number of children who received services through a

19-24  program funded by the grant for each year that the program received

19-25  funding from the State for early childhood programs; and

19-26         (2) The average per child expenditure for the program for

19-27  each year the program received funding from the State for early

19-28  childhood programs;

19-29     (d) A compilation of the evaluations reviewed pursuant to

19-30  subsection 7 that includes, without limitation:

19-31         (1) A longitudinal comparison of the data showing the

19-32  effectiveness of the different programs; and

19-33         (2)  A description of the programs in this state that are the

19-34  most effective; and

19-35     (e) Any recommendations for legislation.

19-36     9.  Any balance of the sums transferred pursuant to subsection 1

19-37  remaining at the end of the respective fiscal years must not be

19-38  committed for expenditure after June 30 of the respective fiscal

19-39  years and reverts to the State Distributive School Account as soon as

19-40  all payments of money committed have been made.

19-41     Sec. 21.  1.  The Department of Education shall transfer from

19-42  the State Distributive School Account the following sums to

19-43  purchase one-fifth of a year of service for certain teachers in

19-44  accordance with NRS 391.165:

 

20-1  For the Fiscal Year 2003-2004$2,689,206

20-2  For the Fiscal Year 2004-2005$7,045,056

20-3      2.  The Department of Education shall distribute the money

20-4  appropriated by subsection 1 to the school districts to assist the

20-5  school districts with paying for the retirement credit for certain

20-6  teachers in accordance with NRS 391.165. The amount of money

20-7  distributed to each school district must be proportionate to the total

20-8  costs of paying for the retirement credit pursuant to NRS 391.165

20-9  for each fiscal year. If insufficient money is available from the

20-10  appropriation to pay the total costs necessary to pay the retirement

20-11  credit for each fiscal year, the school district shall pay the difference

20-12  to comply with NRS 391.165.

20-13     3.  Any balance of the sums appropriated by subsection 1

20-14  remaining at the end of the respective fiscal years must not be

20-15  committed for expenditure after June 30 of the respective fiscal

20-16  years and reverts to the State General Fund as soon as all payments

20-17  of money committed have been made.

20-18     Sec. 22.  1.  The Department of Education shall transfer from

20-19  the State Distributive School Account the following sum to

20-20  purchase one-fifth of a year of service for certain licensed

20-21  educational personnel in accordance with NRS 391.165:

20-22  For the Fiscal Year 2004-2005$5,732,643

20-23     2.  The Department of Education shall distribute the money

20-24  appropriated by subsection 1 to the school districts to assist the

20-25  school districts with paying for the retirement credit for certain

20-26  licensed educational personnel in accordance with NRS 391.165.

20-27  The amount of money distributed to each school district must be

20-28  proportionate to the total costs of paying for the retirement credit

20-29  pursuant to NRS 391.165 for each fiscal year. If insufficient money

20-30  is available to pay the total costs necessary to pay the retirement

20-31  credit for each fiscal year, the school district shall pay the difference

20-32  to comply with NRS 391.165.

20-33     3.  Any remaining balance of the appropriation made by

20-34  subsection 1 must not be committed for expenditure after June 30,

20-35  2005, and reverts to the State General Fund as soon as all payments

20-36  of money committed have been made.

20-37     Sec. 23.  Of the amounts included in the basic support

20-38  guarantee amounts enumerated in sections 6 and 7 of this act,

20-39  $64,425,447 for Fiscal Year 2003-2004 and $66,721,434 for Fiscal

20-40  Year 2004-2005 must be expended for the purchase of textbooks,

20-41  instructional supplies and instructional hardware as prescribed in

20-42  section 1 of this act.

20-43     Sec. 24.  All funding remaining in the Fund for School

20-44  Improvement at the close of Fiscal Year 2002-2003 shall be

21-1  transferred to the budget for the State Distributive School Account

21-2  and shall be authorized for expenditure in that account.

21-3      Sec. 25.  The sums appropriated or authorized in sections 15 to

21-4  22, inclusive, of this act:

21-5      1.  Must be accounted for separately from any other money

21-6  received by the school districts of this state and used only for the

21-7  purposes specified in the applicable section of this act.

21-8      2.  May not be used to settle or arbitrate disputes between a

21-9  recognized organization representing employees of a school district

21-10  and the school district, or to settle any negotiations.

21-11     3.  May not be used to adjust the district-wide schedules of

21-12  salaries and benefits of the employees of a school district.

21-13     Sec. 26.  1.  The Department of Education shall transfer from

21-14  the State Distributive School Account the following sums for

21-15  special transportation costs to school districts:

21-16  For the 2003-2004 school year. $47,715

21-17  For the 2004-2005 school year. $47,715

21-18     2.  Pursuant to NRS 392.015, the Department of Education shall

21-19  use the money transferred in subsection 1 to reimburse school

21-20  districts for the additional costs of transportation for any pupil to a

21-21  school outside the school district in which his residence is located.

21-22     Sec. 27.  There is hereby appropriated from the State General

21-23  Fund to the State Distributive School Account created by NRS

21-24  387.030 in the State General Fund the sum of $3,152,559 for an

21-25  unanticipated shortfall in money in Fiscal Year 2002-2003. This

21-26  appropriation is supplemental to that made by section 4 of chapter

21-27  565, Statutes of Nevada 2001, at page 2832 and to that made

21-28  pursuant to Assembly Bill 253 of the 72nd Legislative Session.

21-29     Sec. 28.  Each school district shall expend the revenue made

21-30  available through this act, as well as other revenue from state, local

21-31  and federal sources, in a manner that is consistent with NRS

21-32  288.150 and that is designed to attain the goals of the Legislature

21-33  regarding educational reform in this state, especially with regard to

21-34  assisting pupils in need of remediation and pupils who are not

21-35  proficient in the English language. Materials and supplies for

21-36  classrooms are subject to negotiation by employers with recognized

21-37  employee organizations.

21-38     Sec. 29.  1.  This section and sections 24, 27 and 28 of this act

21-39  become effective upon passage and approval.

21-40     2.  Sections 1 to 4, inclusive, 6 to 23, inclusive, and 25 and 26

21-41  of this act become effective on July 1, 2003.

21-42     3.  Section 5 of this act becomes effective on July 1, 2004.

 

21-43  H