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).

1-1 Section 1. Chapter 391 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the

1-4 context otherwise requires, "program" means the program for the award

1-5 of merit pay to teachers established pursuant to section 3 of this act.

1-6 Sec. 3. 1. The program for the award of merit pay to teachers is

1-7 hereby established, to be administered by the superintendent of public

1-8 instruction.

1-9 2. Except as otherwise provided in subsection 3, all money

1-10 appropriated for the program must be apportioned to school districts in

1-11 accordance with section 6 of this act for the award of merit pay to

1-12 teachers.

1-13 3. The superintendent of public instruction may expend not more

1-14 than 1 percent per year of the money appropriated for the program to pay

1-15 the costs incurred in administering the program.

1-16 Sec. 4. The board of trustees of each school district shall adopt rules

1-17 and policies to carry out the provisions of sections 2 to 7, inclusive, of this

1-18 act, including, without limitation:

2-1 1. The process for submission of a recommendation of a teacher for

2-2 an award of merit pay and the contents of the recommendation;

2-3 2. The criteria that will be used by the board of trustees to evaluate a

2-4 recommendation; and

2-5 3. The method by which the success of the program in the school

2-6 district will be evaluated.

2-7 Sec. 5. 1. Each teacher who is licensed pursuant to chapter 391 of

2-8 NRS and provides instruction in a public school is eligible for

2-9 recommendation of an award of merit pay.

2-10 2. On or before January 1 of each year, a recommendation of a

2-11 teacher for an award of merit pay may be submitted to the board of

2-12 trustees of a school district on a form provided by the board of trustees. A

2-13 recommendation may be submitted by a parent or legal guardian of a

2-14 pupil of the teacher or a member of the community who has personal

2-15 knowledge of the performance of the teacher in the classroom.

2-16 3. Upon receipt of such a recommendation, the board of trustees shall

2-17 review the recommendation, taking into consideration the record of

2-18 performance of the teacher. The board of trustees may contact the person

2-19 who submitted the recommendation for additional information if

2-20 necessary.

2-21 4. If the board of trustees approves a recommendation, the board

2-22 shall, on or before March 1 of the year in which the recommendation was

2-23 submitted, provide written notice to the superintendent of public

2-24 instruction. The written notice must include:

2-25 (a) The name of the teacher whom the board of trustees approves for

2-26 an award of merit pay; and

2-27 (b) The reasons for the approval.

2-28 Sec. 6. 1. On or before May 1 of each year, the superintendent of

2-29 public instruction shall, within the limits of money available for the

2-30 program by legislative appropriation or otherwise, apportion the amount

2-31 of money available for the program for that year among the boards of

2-32 trustees of the school districts who submitted written notice pursuant to

2-33 subsection 4 of section 5 of this act. The money available for the program

2-34 must be apportioned to each school district in proportion to the number of

2-35 licensed teachers who are employed by the school district and provide

2-36 instruction in a public school within the school district.

2-37 2. Upon receipt of money pursuant to subsection 1, the board of

2-38 trustees of a school district shall award merit pay to each teacher whose

2-39 recommendation was approved by the board of trustees pursuant to

2-40 section 5 of this act. The amount per school year of each such award

2-41 must not exceed $1,000 for each such teacher.

3-1 3. The board of trustees of a school district shall not include, as part

3-2 of a teacher’s salary, any amount of merit pay awarded to the teacher

3-3 pursuant to this section.

3-4 4. A school district that receives money pursuant to this section shall

3-5 not use the money to:

3-6 (a) Settle or arbitrate disputes or negotiate settlements between an

3-7 organization that represents licensed employees of the school district and

3-8 the school district.

3-9 (b) Adjust the schedule of salaries and benefits of the employees of the

3-10 school district.

3-11 Sec. 7. On or before July 1 of each year, the board of trustees of a

3-12 school district that received money pursuant to section 6 of this act shall

3-13 submit a report to the superintendent of public instruction on a form

3-14 provided by the superintendent of public instruction. The report must

3-15 include:

3-16 1. The number of teachers who were awarded merit pay in the

3-17 immediately preceding year; and

3-18 2. An evaluation of the program in accordance with the method for

3-19 evaluation adopted by the board of trustees pursuant to section 4 of this

3-20 act.

3-21 Sec. 8. 1. There is hereby appropriated from the state general fund to

3-22 the department of education for the program for the award of merit pay to

3-23 teachers established pursuant to section 3 of this act:

3-24 For the fiscal year 1999-2000 $1,312,000

3-25 For the fiscal year 2000-2001 $1,312,000

3-26 2. Any remaining balance of the appropriation made by subsection 1

3-27 for:

3-28 (a) The fiscal year 1999-2000 must be transferred and added to the

3-29 money appropriated for the fiscal year 2000-2001.

3-30 (b) The fiscal year 2000-2001, including any money added thereto

3-31 pursuant to paragraph (a), must not be committed for expenditure after June

3-32 30, 2001, and reverts to the state general fund as soon as all payments of

3-33 money committed have been made.

3-34 Sec. 9. 1. This section and section 8 of this act become effective

3-35 upon passage and approval.

3-36 2. Sections 2 to 7, inclusive, of this act become effective on July 1,

3-37 1999.