EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

Whereas, Public education plays a crucial role in producing well-

2-1 Section 1. Chapter 218 of NRS is hereby amended by adding thereto

2-2 the provisions set forth as sections 2 to 5, inclusive, of this act.

2-3 Sec. 2. 1. If the count of pupils in a school district, as calculated

2-4 pursuant to NRS 387.1233, exceeds 300,000, the superintendent of public

2-5 instruction shall notify the director of the legislative counsel bureau. The

2-6 director of the legislative counsel bureau shall transmit that notice to the

2-7 legislative commission. Upon receipt of such notice, the legislative

2-8 commission shall appoint a subcommittee consisting of four members of

2-9 the senate and four members of the assembly to conduct an interim

2-10 study. The director of the legislative counsel bureau or his designee shall

2-11 act as the nonvoting recording secretary of the subcommittee.

2-12 2. The subcommittee shall study:

2-13 (a) Methods for reconfiguring the school district, including, without

2-14 limitation, the division of the existing school district into two or more

2-15 school districts; and

2-16 (b) Other methods to address the growth of the school district.

2-17 Sec. 3. 1. Upon the creation of a subcommittee pursuant to section

2-18 2 of this act, an advisory committee must be created consisting of:

2-19 (a) The mayor of each incorporated city located within the county in

2-20 which the affected school district is located;

2-21 (b) The superintendent of schools of the affected school district;

2-22 (c) A representative of the employee organization that represents the

2-23 largest number of employees of the affected school district, appointed by

2-24 that organization;

2-25 (d) One member of the board of county commissioners of the county

2-26 whose district is comprised of at least 50 percent of the unincorporated

2-27 area of the county in which the affected school district is located,

2-28 appointed by a majority vote of the board of county commissioners;

2-29 (e) One member appointed by the Nevada Taxpayers Association, or

2-30 its successor;

2-31 (f) One member appointed by the Retail Association of Nevada, or its

2-32 successor; and

3-1 (g) Two members, appointed by the governor, who are parents or legal

3-2 guardians of pupils who attend public schools within the affected school

3-3 district. The parents or legal guardians must not otherwise be affiliated

3-4 with the public school system in this state.

3-5 2. Members of the advisory committee serve without compensation,

3-6 except that for each day or portion of a day during which a member

3-7 attends a meeting of the committee or is otherwise engaged in the

3-8 business of the committee, he is entitled to receive the per diem allowance

3-9 and travel expenses provided for state officers and employees generally.

3-10 A member of the advisory committee who is an officer or employee of a

3-11 local government must be paid by the local government that employs

3-12 him. All other members must be paid from the legislative fund.

3-13 3. In addition to the advisory committee, the chairman of the

3-14 subcommittee shall appoint a technical advisory group consisting of:

3-15 (a) A person who is regularly employed as bond counsel for the

3-16 county in which the affected school district is located;

3-17 (b) A financial officer of the affected school district;

3-18 (c) A financial officer of a city that is located within the county of the

3-19 affected school district; and

3-20 (d) One member of the private sector who has extensive knowledge

3-21 and experience in local governmental finance.

3-22 4. Members of the technical advisory group serve without

3-23 compensation, except that for each day or portion of a day during which

3-24 a member attends a meeting of the technical advisory group or is

3-25 otherwise engaged in the business of the technical advisory group, he is

3-26 entitled to receive the per diem allowance and travel expenses provided

3-27 for state officers and employees generally. The per diem allowance and

3-28 travel expenses of a member of the technical advisory group who is an

3-29 officer or employee of a local government must be paid by the local

3-30 government that employs him. The per diem allowances and travel

3-31 expenses of all other members must be paid from the legislative fund.

3-32 5. The legislative counsel bureau shall provide administrative

3-33 support, equipment and office space as is necessary for the

3-34 subcommittee, advisory committee and technical advisory group to carry

3-35 out their duties.

3-36 6. The advisory committee and technical advisory group may request

3-37 assistance from any agency of this state or a political subdivision of this

3-38 state if such assistance is necessary for the advisory committee or

3-39 technical advisory group to carry out its duties.

3-40 Sec. 4. 1. Except as otherwise provided in this subsection, not later

3-41 than 2 months after a subcommittee is created pursuant to section 2 of

3-42 this act, the subcommittee shall hold its first meeting. If such a

3-43 subcommittee is created within 2 months before the convening of or

4-1 during a regular session of the legislature, the subcommittee shall hold

4-2 its first meeting not later than 2 months after the end of that session. The

4-3 subcommittee shall hold at least five meetings.

4-4 2. The subcommittee shall study methods for the reconfiguration of

4-5 the existing school district, including, without limitation, the division of

4-6 the existing school district into two or more school districts and other

4-7 methods to address the growth of the school district. The subcommittee

4-8 shall prepare a plan to reconfigure the school district or prepare a plan

4-9 that otherwise provides a solution to the growth of the school district. The

4-10 subcommittee shall hire a person to serve as a facilitator to the

4-11 subcommittee in the consideration of methods for reconfiguration and

4-12 other methods to address the growth the school district and the

4-13 preparation of the plan. The subcommittee shall consider any

4-14 recommendations submitted by the advisory committee or the technical

4-15 advisory group.

4-16 3. In considering a proposal to reconfigure the school district or

4-17 other proposal to address the growth of the school district the advisory

4-18 committee shall consider:

4-19 (a) Whether the proposal will increase the educational effectiveness of

4-20 the public schools within the county;

4-21 (b) The effect of the proposal on the racial and ethnic composition of

4-22 the public schools within the county;

4-23 (c) If the proposal includes the division of the existing school district,

4-24 the organizational structure of the proposed new school districts that will

4-25 be created as a result of the division;

4-26 (d) The effect of the proposal on the organizational structure of the

4-27 existing school district;

4-28 (e) The effect on the community, including, without limitation,

4-29 whether increased participation by parents, legal guardians or other

4-30 members of the community is likely;

4-31 (f) The effect on the financial equity of the public schools within the

4-32 county; and

4-33 (g) If the proposal includes the division of the existing school district,

4-34 the ability of the proposed new school districts to generate money for the

4-35 costs of the maintenance, repair and construction of school buildings

4-36 and facilities.

4-37 4. A plan prepared by the subcommittee must:

4-38 (a) Ensure that a uniform system of education will continue to be

4-39 offered throughout this state in accordance with section 2 of article 11 of

4-40 the constitution of the State of Nevada;

4-41 (b) Comply with all applicable judicial precedents, constitutional

4-42 requirements and statutory requirements, including, without limitation,

4-43 requirements relating to racial and ethnic composition;

5-1 (c) If the plan includes the division of the existing school district,

5-2 ensure that the proposed new school districts will be eligible for

5-3 apportionments and allowances from the state distributive school account

5-4 pursuant to NRS 387.121 to 387.126, inclusive;

5-5 (d) If the plan includes the division of the existing school district,

5-6 ensure that the proposed new school districts will remain fully liable for

5-7 their proportional share of the outstanding bonded indebtedness; and

5-8 (e) Set forth a timeline to carry out the plan, which must provide for

5-9 full implementation not later than 5 years after the adoption of the plan.

5-10 5. The subcommittee shall submit the plan to the director of the

5-11 legislative counsel bureau for transmittal to the next regular session of

5-12 the legislature that convenes at least 12 months after the first meeting of

5-13 the subcommittee. If the plan is submitted to the director later than

5-14 February 15, the director shall not transmit the plan until the convening

5-15 of the next following regular session.

5-16 Sec. 5. 1. Upon receipt of a plan transmitted pursuant to

5-17 subsection 5 of section 4 of this act, the legislature shall review the plan.

5-18 If the legislature reviews such a plan and determines that the plan does

5-19 not meet the criteria set forth in subsection 4 of section 4 of this act, the

5-20 legislature may take no further action on the plan or the legislature may

5-21 revise the plan to ensure that the plan meets the criteria set forth in

5-22 subsection 4 of section 4 of this act. If the legislature reviews such a plan

5-23 and determines that the plan does meet the criteria set forth in subsection

5-24 4 of section 4 of this act, the legislature shall approve the plan.

5-25 2. If the legislature approves such a plan, the legislature shall

5-26 provide by law for the procedures necessary to carry out the plan. If the

5-27 plan provides for the division of the existing school district, the

5-28 legislature shall provide by law for the procedures necessary to facilitate

5-29 the creation and operation of the proposed new school districts and any

5-30 other necessary reconfiguration of the boundaries of the school districts.

5-31 3. Action may not be taken on such a plan unless the plan is enacted

5-32 by the legislature.

5-33 Sec. 6. This act expires by limitation on July 1, 2009.