1. Assembly Bill No. 700–Committee on Ways and Means

CHAPTER........

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:

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

  1. 375A.700 1. The department shall deposit all payments received
  1. pursuant to NRS 375A.100 in the state treasury:
  1. (a) For credit to the estate tax account in the state general fund, an
  1. amount determined by the department as necessary to pay the costs of
  1. administration of this chapter and to refund any overpayments of tax.
  1. (b) For credit to the estate tax account in the endowment fund of the
  1. University and Community College System of Nevada, 50 percent of the
  1. remainder after deducting the amount pursuant to paragraph (a).
  1. (c) For credit to the fund for [class-size reduction,] school improvement
  1. created pursuant to NRS 388.730, 50 percent of the remainder after
  1. deducting the amount pursuant to paragraph (a).
  1. 2. The interest earned on the money in the estate tax account must be
  1. credited to the account.

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

  1. 388.730 1. There is hereby created as a special revenue fund, the
  1. fund for [class-size reduction] school improvement to be administered by
  1. the superintendent of public instruction. The superintendent may accept
  1. gifts and grants from any source for deposit in the fund. All legislative
  1. appropriations, gifts and grants made to the fund become a part of the
  1. principal of the fund which may only be reduced pursuant to subsection 3
  1. or by specific legislative action.
  1. 2. The interest and income earned from the money in the fund must be
  1. used by the superintendent to carry out [the purposes of the plans adopted
  1. to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2
  1. and 3 before it is used for any other purpose.] programs of school
  1. improvement identified by the legislature. No such expenditure may be
  1. made unless authorized by the legislature or by the interim finance
  1. committee if the legislature is not in session.
  1. 3. The state board of examiners may, upon making a determination that
  1. any portion of the principal of the money in the fund is necessary to meet
  1. existing or future obligations of the state, recommend to the interim finance
  1. committee, or the senate committee on finance and the assembly committee
  1. on ways and means when the legislature is in session, that the amount so
  1. needed be transferred from the fund to the state general fund. Upon
  1. approval of the appropriate committee or committees, the money may be so
  1. transferred.

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

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

by the superintendent of public instruction to the county school districts for

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

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

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

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

of failure by the superintendent of public instruction and to maintain the

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

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

expenditure in the state distributive school account. Any remaining balance

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

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

money appropriated to the state distributive school account pursuant to

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

that money is expended.

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

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

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

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

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

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

by the superintendent of public instruction to the county school districts for

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

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

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

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

of failure by the superintendent of public instruction and to maintain the

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

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

expenditure in the state distributive school account. Any remaining balance

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

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

soon as all payments of money committed have been made.

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

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

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

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

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

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

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

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

kindergarten and grades 1, 2 and 3; or

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

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

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

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

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

the combined ratio of pupils per teacher in the aggregate of kindergarten

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

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

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

approved by the superintendent of public instruction must describe the

method to be used by the school district to evaluate the effectiveness of the

alternative program or remedial programs in improving pupil achievement.

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

to sections 3 and 4 of this act:

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

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

organization representing employees of a school district and the school

district, or to settle any negotiations.

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

benefits of the employees of a school district.

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

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

school district has:

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

required ratio set forth in NRS 388.700; and

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

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

reduction, a sufficient number of classroom teachers have been employed

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

that school district for the 3 school years immediately preceding the start of

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

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

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

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

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

245, Statutes of Nevada 1997, at page 868.

2. Any remaining balance of the supplemental appropriation made by

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

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

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

committed have been made.

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

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

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

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

chapter 245, Statutes of Nevada 1997, at page 868.

2. Any remaining balance of the supplemental appropriation made by

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

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

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

committed have been made.

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

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

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

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

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

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

its demonstration project in improving pupil achievement and shall report

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

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

before February 15, 2001.

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

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

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

amended by section 2 of this act.

Sec. 11. 1. The superintendent of public instruction shall transfer

from the fund for school improvement to the University and Community

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

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

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

students pursuing degrees in teaching.

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

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

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

money committed have been made.

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

effective upon passage and approval.

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

1999.

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

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