Assembly Bill No. 700–Committee on Ways and Means

May 29, 1999

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Referred to Committee on Ways and Means

 

SUMMARY—Makes various changes relating to education and makes appropriations for class-size reduction. (BDR S-1783)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: 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. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to education; renaming the fund for class-size reduction as the fund for school improvement; making appropriations to the state distributive school account for purposes relating to class-size reduction; making supplemental appropriations to the fund for class-size reduction to cover certain shortfalls in revenue; requiring the transfer of money from the fund for school improvement to provide scholarships for students pursuing degrees in teaching; 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 1999-2000 and

2000-2001, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per

teacher in fiscal years 1999-2000 and 2000-2001; 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 utilizing 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, 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

reduce the pupil-teacher ratio in each classroom in the district in the grades

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:

2-1 Section 1. NRS 375A.700 is hereby amended to read as follows:

2-2 375A.700 1. The department shall deposit all payments received

2-3 pursuant to NRS 375A.100 in the state treasury:

2-4 (a) For credit to the estate tax account in the state general fund, an

2-5 amount determined by the department as necessary to pay the costs of

2-6 administration of this chapter and to refund any overpayments of tax.

2-7 (b) For credit to the estate tax account in the endowment fund of the

2-8 University and Community College System of Nevada, 50 percent of the

2-9 remainder after deducting the amount pursuant to paragraph (a).

2-10 (c) For credit to the fund for [class-size reduction,] school improvement

2-11 created pursuant to NRS 388.730, 50 percent of the remainder after

2-12 deducting the amount pursuant to paragraph (a).

2-13 2. The interest earned on the money in the estate tax account must be

2-14 credited to the account.

3-1 Sec. 2. NRS 388.730 is hereby amended to read as follows:

3-2 388.730 1. There is hereby created as a special revenue fund, the

3-3 fund for [class-size reduction] school improvement to be administered by

3-4 the superintendent of public instruction. The superintendent may accept

3-5 gifts and grants from any source for deposit in the fund. All legislative

3-6 appropriations, gifts and grants made to the fund become a part of the

3-7 principal of the fund which may only be reduced pursuant to subsection 3

3-8 or by specific legislative action.

3-9 2. The interest and income earned from the money in the fund must be

3-10 used by the superintendent to carry out [the purposes of the plans adopted

3-11 to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2

3-12 and 3 before it is used for any other purpose.] programs of school

3-13 improvement identified by the legislature. No such expenditure may be

3-14 made unless authorized by the legislature or by the interim finance

3-15 committee if the legislature is not in session.

3-16 3. The state board of examiners may, upon making a determination that

3-17 any portion of the principal of the money in the fund is necessary to meet

3-18 existing or future obligations of the state, recommend to the interim finance

3-19 committee, or the senate committee on finance and the assembly committee

3-20 on ways and means when the legislature is in session, that the amount so

3-21 needed be transferred from the fund to the state general fund. Upon

3-22 approval of the appropriate committee or committees, the money may be so

3-23 transferred.

3-24 Sec. 3. 1. There is hereby appropriated from the state general fund to

3-25 the state distributive school account the sum of $82,900,087 for distribution

3-26 by the superintendent of public instruction to the county school districts for

3-27 fiscal year 1999-2000 which must, except as otherwise provided in sections

3-28 6 and 9 of this act, be used to employ teachers in order to comply with the

3-29 required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1

3-30 and 2 and in selected kindergartens with pupils who are considered at risk

3-31 of failure by the superintendent of public instruction and to maintain the

3-32 current ratio of pupils per teacher in grade 3. Expenditures for the class-

3-33 size reduction program must be accounted for in a separate category of

3-34 expenditure in the state distributive school account. Any remaining balance

3-35 of the sum appropriated by this subsection must not be committed for

3-36 expenditure after June 30, 2000, and must be transferred and added to the

3-37 money appropriated to the state distributive school account pursuant to

3-38 section 4 of this act for the 2000-2001 fiscal year, and may be expended as

3-39 that money is expended.

3-40 2. Except as otherwise provided in sections 6 and 9 of this act, the

3-41 money appropriated by subsection 1 must be used to pay the salaries and

3-42 benefits of not less than 1,786 teachers employed by school districts to

3-43 meet the required pupil-teacher ratios in the 1999-2000 school year.

4-1 Sec. 4. 1. There is hereby appropriated from the state general fund to

4-2 the state distributive school account the sum of $86,880,711 for distribution

4-3 by the superintendent of public instruction to the county school districts for

4-4 fiscal year 2000-2001 which must, except as otherwise provided in sections

4-5 6 and 9 of this act, be used to employ teachers in order to comply with the

4-6 required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1

4-7 and 2 and in selected kindergartens with pupils who are considered at risk

4-8 of failure by the superintendent of public instruction and to maintain the

4-9 current ratio of pupils per teacher in grade 3. Expenditures for the class-

4-10 size reduction program must be accounted for in a separate category of

4-11 expenditure in the state distributive school account. Any remaining balance

4-12 of the sum appropriated by this subsection must not be committed for

4-13 expenditure after June 30, 2001, and reverts to the state general fund as

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

4-15 2. Except as otherwise provided in sections 6 and 9 of this act, the

4-16 money appropriated by subsection 1 must be used to pay the salaries and

4-17 benefits of not less than 1,826 teachers employed by school districts to

4-18 meet the required pupil-teacher ratios in the 2000-2001 school year.

4-19 Sec. 5. The board of trustees of each county school district:

4-20 1. Shall file a plan with the superintendent of public instruction

4-21 describing how the money appropriated by sections 3 and 4 of this act will

4-22 be used to comply with the required ratio of pupils to teachers in

4-23 kindergarten and grades 1, 2 and 3; or

4-24 2. May, after receiving approval of the plan from the superintendent of

4-25 public instruction, use money appropriated by sections 3 and 4 of this act to

4-26 carry out an alternative program for reducing the ratio of pupils per teacher

4-27 or to carry out programs of remedial education that have been found to be

4-28 effective in improving pupil achievement in grades 1, 2 and 3, so long as

4-29 the combined ratio of pupils per teacher in the aggregate of kindergarten

4-30 and grades 1, 2 and 3 of the school district does not exceed the combined

4-31 ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2

4-32 and 3 of the school district in the 1996-1997 school year. The plan

4-33 approved by the superintendent of public instruction must describe the

4-34 method to be used by the school district to evaluate the effectiveness of the

4-35 alternative program or remedial programs in improving pupil achievement.

4-36 Sec. 6. 1. The money appropriated for class-size reduction pursuant

4-37 to sections 3 and 4 of this act:

4-38 (a) May be applied first to pupils considered most at risk of failure.

4-39 (b) Must not be used to settle or arbitrate disputes between a recognized

4-40 organization representing employees of a school district and the school

4-41 district, or to settle any negotiations.

4-42 (c) Must not be used to adjust the district-wide schedules of salaries and

4-43 benefits of the employees of a school district.

5-1 2. The money appropriated for class-size reduction pursuant to sections

5-2 3 and 4 of this act must not be distributed to a school district unless that

5-3 school district has:

5-4 (a) Filed with the department of education a plan for achieving the

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

5-6 (b) Demonstrated that, from resources of the school district other than

5-7 allocations received from the state distributive school account for class-size

5-8 reduction, a sufficient number of classroom teachers have been employed

5-9 to maintain the average pupil-teacher ratio that existed for each grade in

5-10 that school district for the 3 school years immediately preceding the start of

5-11 the class-size reduction program in the 1990-1991 school year.

5-12 Sec. 7. 1. There is hereby appropriated from the state general fund to

5-13 the fund for class-size reduction created by NRS 388.730, the sum of

5-14 $856,633 to cover a shortfall in estate tax revenue in fiscal year 1997-1998.

5-15 This appropriation is supplemental to that made by section 1 of chapter

5-16 245, Statutes of Nevada 1997, at page 868.

5-17 2. Any remaining balance of the supplemental appropriation made by

5-18 subsection 1 must not be committed for expenditure after June 30, 1999,

5-19 and reverts to the fund for school improvement created by NRS 388.730, as

5-20 amended by section 2 of this act, as soon as all payments of money

5-21 committed have been made.

5-22 Sec. 8. 1. There is hereby appropriated from the state general fund to

5-23 the fund for class-size reduction created by NRS 388.730, the sum of

5-24 $4,226,953 to cover a shortfall in estate tax revenue in fiscal year 1998-

5-25 1999. This appropriation is supplemental to that made by section 2 of

5-26 chapter 245, Statutes of Nevada 1997, at page 868.

5-27 2. Any remaining balance of the supplemental appropriation made by

5-28 subsection 1 must not be committed for expenditure after June 30, 1999,

5-29 and reverts to the fund for school improvement created by NRS 388.730, as

5-30 amended by section 2 of this act, as soon as all payments of money

5-31 committed have been made.

5-32 Sec. 9. 1. The Elko County School District is hereby authorized to

5-33 use money appropriated by sections 3 and 4 of this act to carry out a

5-34 demonstration project in which pupil-teacher ratios of 22 to 1 are

5-35 established in kindergarten and grades 1 to 5, inclusive, in school years

5-36 1999-2000 and 2000-2001 in order to eliminate team teaching.

5-37 2. The Elko County School District shall evaluate the effectiveness of

5-38 its demonstration project in improving pupil achievement and shall report

5-39 its findings in an interim report to the legislative committee on education on

5-40 or before February 15, 2000, and a final report to the legislature on or

5-41 before February 15, 2001.

6-1 Sec. 10. Any money remaining in the fund for class-size reduction

6-2 created by NRS 388.730 must, at the close of fiscal year 1998-1999, be

6-3 transferred to the fund for school improvement created by NRS 388.730, as

6-4 amended by section 2 of this act.

6-5 Sec. 11. 1. The superintendent of public instruction shall transfer

6-6 from the fund for school improvement to the University and Community

6-7 College System of Nevada the sum of $130,680 to be used to provide not

6-8 more than 45 scholarships at the University of Nevada, Las Vegas, and not

6-9 more than 45 scholarships at the University of Nevada, Reno, for qualified

6-10 students pursuing degrees in teaching.

6-11 2. Any remaining balance of the sum authorized for expenditure by

6-12 subsection 1 must not be committed for expenditure after June 30, 2001,

6-13 and reverts to the fund for school improvement as soon as all payments of

6-14 money committed have been made.

6-15 Sec. 12. 1. This section and sections 7, 8 and 10 of this act become

6-16 effective upon passage and approval.

6-17 2. Sections 1, 2, 3, 5, 6, 9 and 11 of this act become effective on July 1,

6-18 1999.

6-19 3. Section 4 of this act becomes effective on July 1, 2000.

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