Senate Bill No. 555–Committee on Finance
May 29, 1999
____________
Referred to Committee on Finance
SUMMARY—Makes appropriation to state distributive school account. (BDR 34-1782)
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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 387 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. The department shall:1-4
1. Conduct an annual audit of the count of pupils for apportionment1-5
purposes reported by each school district pursuant to NRS 387.123 and1-6
the data reported by each school district that is used to measure the1-7
effectiveness of the implementation of the plan developed by each school1-8
district to reduce the pupil-teacher ratio in kindergarten and grades 1, 21-9
and 3, as required by NRS 388.710.1-10
2. Review each school district’s report of the annual audit conducted1-11
by a public accountant as required by NRS 354.624, and the annual1-12
report prepared by each district as required by NRS 387.303, and report1-13
the findings of the review to the state board and the legislative committee1-14
on education, with any recommendations for legislation, revisions to1-15
regulations or training needed by school district employees. The report by2-1
the department must identify school districts which failed to comply with2-2
any statutes or administrative regulations of this state or which had any:2-3
(a) Long-term obligations in excess of the general obligation debt2-4
limit;2-5
(b) Deficit fund balances or retained earnings in any fund;2-6
(c) Deficit cash balances in any fund;2-7
(d) Variances of more than 10 percent between total general fund2-8
revenues and budgeted general fund revenues; or2-9
(e) Variances of more than 10 percent between total actual general2-10
fund expenditures and budgeted total general fund expenditures.2-11
3. In preparing its biennial budgetary request for the state2-12
distributive school account, consult with the superintendent of schools of2-13
each school district or a person designated by the superintendent.2-14
4. Provide, in consultation with the Budget Division of the2-15
Department of Administration and the fiscal analysis division of the2-16
legislative counsel bureau, training to the financial officers of school2-17
districts in matters relating to financial accountability.2-18
Sec. 3. When administering money received from the Federal2-19
Government, the superintendent of public instruction, the department or2-20
the state board, as applicable, shall, to the extent practicable, administer2-21
the money in a manner that is designed to attain the goals of the2-22
legislature regarding educational reform in this state.2-23
Sec. 4. NRS 387.1211 is hereby amended to read as follows: 387.1211 As used in NRS 387.121 to 387.126, inclusive:2-25
1. "Average daily attendance" means the total number of pupils2-26
attending a particular school each day during a period of reporting divided2-27
by the number of days school is in session during that period.2-28
2. "Enrollment" means the count of pupils enrolled in and scheduled to2-29
attend programs of instruction of a school district or a charter school at a2-30
specified time during the school year.2-31
3. "Special education program unit" means an organized2-32
unit of special education and related services which includes full-time2-33
services of persons licensed by the superintendent of public instruction or2-34
other appropriate licensing body, providing a program of instruction in2-35
accordance with minimum standards prescribed by the state board. Sec. 5. NRS 387.1235 is hereby amended to read as follows:2-37
387.12352-38
1. Except as otherwise provided in subsection 2, local funds available2-39
are the sum of:2-40
2-41
valuation of the school district as certified by the department of taxation for2-42
the concurrent school year; and3-1
3-2
chapter 374 of NRS. The department of taxation shall furnish an estimate3-3
of these proceeds to the superintendent of public instruction on or before3-4
July 15 for the fiscal year then begun, and the superintendent shall adjust3-5
the final apportionment of the current school year to reflect any difference3-6
between the estimate and actual receipts.3-7
2. The amount computed under subsection 1 that is attributable to3-8
any assessed valuation attributable to the net proceeds of minerals must3-9
be held in reserve and may not be considered as local funds available3-10
until the succeeding fiscal year.3-11
Sec. 6. NRS 387.195 is hereby amended to read as follows: 387.195 1. Each board of county commissioners shall levy a tax of3-13
75 cents on each $100 of assessed valuation of taxable property within the3-14
county for the support of the public schools within the county school3-15
district.3-16
2. The tax collected pursuant to subsection 1 on any assessed3-17
valuation attributable to the net proceeds of minerals must not be3-18
considered as available to pay liabilities of the fiscal year in which the3-19
tax is collected but must be deferred for use in the subsequent fiscal year.3-20
The annual budget for the school district must only consider as an3-21
available source the tax on the net proceeds of minerals which was3-22
collected in the prior year.3-23
3. In addition to any tax levied in accordance with subsection 1, each3-24
board of county commissioners shall levy a tax for the payment of interest3-25
and redemption of outstanding bonds of the county school district.3-26
3-27
earned from the investment of the proceeds of that tax must be credited to3-28
the county’s school district fund.3-29
3-30
earned from the investment of the proceeds of that tax must be credited to3-31
the county school district’s debt service fund.3-32
Sec. 7. The basic support guarantee for school districts for operating3-33
purposes for the 1999-2000 fiscal year is an estimated weighted average of3-34
$3,806. For each respective school district, the basic support guarantee per3-35
pupil for the 1999-2000 fiscal year is:4-11
Sec. 8. 1. The basic support guarantee for school districts for4-12
operating purposes for the 2000-2001 fiscal year is an estimated weighted4-13
average of $3,804 per pupil.4-14
2. On or before April 1, 2000, the Department of Taxation shall4-15
provide a certified estimate of the assessed valuation for each school4-16
district for the 2000-2001 fiscal year. The assessed valuation for each4-17
school district must be that which is taxable for purposes of providing4-18
revenue to school districts, including any assessed valuation attributable to4-19
the net proceeds of minerals derived from within the boundaries of the4-20
district.4-21
3. On or before April 25 of each year, the Department of Taxation shall4-22
provide an estimate of the net proceeds of minerals based upon statements4-23
required of mine operators pursuant to NRS 362.115, as amended by4-24
Assembly Bill No. 506 of this session.4-25
4. For purposes of establishing the basic support guarantee, the4-26
estimated basic support guarantees for each school district for the 2000-4-27
2001 fiscal year for operating purposes are:4-29
Support Basic4-30
Guarantee Estimated Support4-31
Before Ad Valorem Guarantee4-32
School District Adjustment Adjustment as Adjusted5-8
5. The ad valorem adjustment may be made only to take into account5-9
the difference in the assessed valuation and the estimated enrollment of the5-10
school district between the amount estimated as of April 1, 1999, and the5-11
amount estimated as of April 1, 2000, for the 2000-2001 fiscal year.5-12
Estimates of net proceeds of minerals received from the Department of5-13
Taxation on or before April 25 pursuant to subsection 3 shall be taken into5-14
consideration in determining the adjustment.5-15
6. Upon receipt of the certified estimates of assessed valuations as of5-16
April 1, 2000, from the Department of Taxation, the Department of5-17
Education must recalculate the amount of ad valorem adjustment and the5-18
tentative basic support guarantee for operating purposes for the 2000-20015-19
fiscal year by April 15, 2000. The final basic support guarantee for each5-20
school district for the 2000-2001 fiscal year is the amount which is5-21
recalculated for the 2000-2001 fiscal year pursuant to this section, taking5-22
into consideration estimates of net proceeds of minerals received from the5-23
Department of Taxation on or before April 25, 2000. The basic support5-24
guarantee recalculated pursuant to this section must be calculated before5-25
May 31, 2000.5-26
Sec. 9. 1. The basic support guarantee for each special education5-27
program unit which is maintained and operated for at least 9 months of a5-28
school year is $28,813 in the 1999-2000 fiscal year and $29,389 in the5-29
2000-2001 fiscal year, except as limited by subsection 2.5-30
2. The maximum number of units and amount of basic support for5-31
special education program units within each of the school districts, before5-32
any reallocation pursuant to NRS 387.1221, for the fiscal years 1999-20005-33
and 2000-2001 are:6-32
Sec. 10. 1. There is hereby appropriated from the state general fund6-33
to the state distributive school account in the state general fund created6-34
pursuant to NRS 387.030:6-37
2. The money appropriated by subsection 1 must be:6-38
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive,6-39
concerning the allotment, transfer, work program and budget; and6-40
(b) Work-programmed for the 2 separate fiscal years, 1999-2000 and6-41
2000-2001, as required by NRS 353.215. Work programs may be revised7-1
with the approval of the Governor upon the recommendation of the Chief7-2
of the Budget Division of the Department of Administration.7-3
3. Transfers to and from allotments must be allowed and made in7-4
accordance with NRS 353.215 to 353.225, inclusive, after separate7-5
considerations of the merits of each request.7-6
4. The sums appropriated by subsection 1 are available for either fiscal7-7
year. Money may be transferred from one fiscal year to the other with the7-8
approval of the Governor upon the recommendation of the Chief of the7-9
Budget Division of the Department of Administration.7-10
5. Any remaining balance of the appropriation made by subsection 17-11
for the 1999-2000 fiscal year must be transferred and added to the money7-12
appropriated for the 2000-2001 fiscal year and may be expended as that7-13
money is expended.7-14
6. Any remaining balance of the appropriation made by subsection 17-15
for the 2000-2001 fiscal year, including any money added thereto pursuant7-16
to the provisions of subsections 3 and 5, must not be committed for7-17
expenditure after June 30, 2001, and reverts to the state general fund as7-18
soon as all payments of money committed have been made.7-19
Sec. 11. 1. Expenditure of $130,133,149 by the Department of7-20
Education from money in the state distributive school account which was7-21
not appropriated from the state general fund is hereby authorized during the7-22
fiscal year beginning July 1, 1999.7-23
2. Expenditure of $135,387,657 by the Department of Education from7-24
money in the state distributive school account which was not appropriated7-25
from the state general fund is hereby authorized during the fiscal year7-26
beginning July 1, 2000.7-27
3. For purposes of accounting and reporting, the sums authorized for7-28
expenditure by subsections 1 and 2 are considered to be expended before7-29
any appropriation is made to the state distributive school account from the7-30
state general fund.7-31
4. The money authorized to be expended by subsections 1 and 2 must7-32
be expended in accordance with NRS 353.150 to 353.245, inclusive,7-33
concerning the allotment, transfer, work program and budget. Transfers to7-34
and from allotments must be allowed and made in accordance with NRS7-35
353.215 to 353.225, inclusive, after separate consideration of the merits of7-36
each request.7-37
5. The Chief of the Budget Division of the Department of7-38
Administration may, with the approval of the Governor, authorize the7-39
augmentation of the amounts authorized for expenditure by the Department7-40
of Education, in subsections 1 and 2, for the purpose of meeting obligations7-41
of the state incurred under chapter 387 of NRS with amounts from any7-42
other state agency, from any agency of local government, from any agency7-43
of the Federal Government or from any other source which he determines is8-1
in excess of the amount taken into consideration by this act. The Chief of8-2
the Budget Division of the Department of Administration shall reduce any8-3
authorization whenever he determines that money to be received will be8-4
less than the amount authorized in subsections 1 and 2.8-5
Sec. 12. During each of the fiscal years 1999-2000 and 2000-2001,8-6
whenever the State Controller finds that current claims against the state8-7
distributive school account in the state general fund exceed the amount8-8
available in the account to pay those claims, he may advance temporarily8-9
from the state general fund to the state distributive school account the8-10
amount required to pay the claims, but not more than the amount expected8-11
to be received in the current fiscal year from any source authorized for the8-12
state distributive school account. No amount may be transferred unless8-13
requested by the Chief of the Budget Division of the Department of8-14
Administration.8-15
Sec. 13. The Department of Education is hereby authorized to spend8-16
from the state distributive school account the sums of $12,851,835 for the8-17
1999-2000 fiscal year and $13,736,786 for the 2000-2001 fiscal year for8-18
the support of courses which are approved by the Department of Education8-19
as meeting the course of study for an adult standard high school diploma as8-20
approved by the State Board of Education. In each fiscal year of the 1999-8-21
2001 biennium, the sum authorized must be allocated among the various8-22
school districts in accordance with a plan or formula developed by the8-23
Department of Education to ensure the money is distributed equitably and8-24
in a manner that permits accounting for the expenditures of school districts.8-25
Sec. 14. The Department of Education is hereby authorized to provide8-26
from the state distributive school account the sum of $50,000 to each of the8-27
17 school districts in each fiscal year of the 1999-2001 biennium to support8-28
special counseling services for elementary school pupils at risk of failure.8-29
Sec. 15. The amounts of the guarantees set forth in sections 7 and 8 of8-30
this act may be reduced to effectuate a reserve required pursuant to NRS8-31
353.225.8-32
Sec. 16. 1. The Department of Education is hereby authorized to8-33
transfer from the state distributive school account to the school districts8-34
specified in this section the following sums for fiscal years 1999-2000 and8-35
2000-2001:8-36
School District 1999-2000 2000-20018-37
Clark County School District $1,284,603 $1,354,3118-38
Douglas County School District $640,655 $686,4158-39
Elko County School District $691,749 $487,9148-40
Washoe County School District $832,993 $921,3608-41
$3,450,000 $3,450,0009-1
2. A school district that receives an allocation pursuant to subsection 1:9-2
(a) Shall use the money to establish and operate a regional training9-3
program for the professional development of teachers and administrators,9-4
including, without limitation, paying:9-5
(1) The salaries and travel expenses of staff and other personnel9-6
necessary to the operation of the program;9-7
(2) Related administrative expenses; and9-8
(3) The costs incurred to acquire equipment and space to operate the9-9
program.9-10
(b) Shall use the money to pay for the travel expenses of teachers and9-11
administrators who attend the regional training program.9-12
(c) May use the money to provide incentives for teachers to attend the9-13
regional training program, including, without limitation, the:9-14
(1) Arrangement for credit toward renewal of a license or an9-15
endorsement for a license;9-16
(2) Provision of books, supplies or instructional materials for the9-17
classroom; and9-18
(3) Provision of stipends.9-19
3. Except as otherwise provided in subsection 7, the regional training9-20
program established by the Clark County School District must primarily9-21
provide services to teachers and administrators who are employed by9-22
school districts in:9-23
(a) Clark County;9-24
(b) Esmeralda County;9-25
(c) Lincoln County; and9-26
(d) Nye County.9-27
4. Except as otherwise provided in subsection 7, the regional training9-28
program established by the Douglas County School District must primarily9-29
provide services to teachers and administrators who are employed by9-30
school districts in:9-31
(a) Churchill County;9-32
(b) Douglas County;9-33
(c) Lyon County;9-34
(d) Carson City; and9-35
(e) Mineral County.9-36
5. Except as otherwise provided in subsection 7, the regional training9-37
program established by the Elko County School District must primarily9-38
provide services to teachers and administrators who are employed by9-39
school districts in:9-40
(a) Elko County;9-41
(b) Eureka County;9-42
(c) Lander County;9-43
(d) Humboldt County; and10-1
(e) White Pine County.10-2
6. Except as otherwise provided in subsection 7, the regional training10-3
program established by the Washoe County School District must primarily10-4
provide services to teachers and administrators who are employed by10-5
school districts in:10-6
(a) Pershing County;10-7
(b) Storey County; and10-8
(c) Washoe County.10-9
7. Each regional training program shall, when practicable, make10-10
reasonable accommodations for the attendance of teachers and10-11
administrators who are employed by school districts outside the primary10-12
jurisdiction of the regional training program.10-13
8. Each regional training program must have a governing body10-14
consisting of:10-15
(a) The superintendent of schools, or his designee, for each school10-16
district that is included within the primary jurisdiction of the regional10-17
training program.10-18
(b) Teachers who are considered masters, appointed by the10-19
superintendents of schools of the school districts that are included within10-20
the primary jurisdiction of the regional training program and the10-21
representatives of higher education appointed to the governing body. Each10-22
teacher who wishes to be considered for appointment to the governing body10-23
must submit an application explaining his qualifications as a master10-24
teacher. At least one teacher must be appointed from each school district10-25
within the primary jurisdiction of the regional training program.10-26
(c) Representatives of the University and Community College System of10-27
Nevada, appointed by the Board of Regents, and representatives of other10-28
institutions of higher education, as determined by the superintendents of10-29
school districts included within the primary jurisdiction of the regional10-30
training program.10-31
(d) A nonvoting member who is an employee of the Department of10-32
Education.10-33
9. The governing body of each regional training program shall adopt a10-34
training model, taking into consideration other model programs, including,10-35
without limitation, the program used by the Geographic Alliance in10-36
Nevada. The governing body shall assess the training needs of teachers10-37
who are employed by the school districts within the primary jurisdiction of10-38
the regional training program and adopt priorities of training for the10-39
program based upon the assessment of needs. The board of trustees of each10-40
such school district may submit recommendations for the types of training10-41
that should be offered. Based upon the assessment of needs for training10-42
within the region and the priorities of training adopted, each regional11-1
training program shall provide at least one of the following types of11-2
training:11-3
(a) Training for teachers in the standards adopted by the Council to11-4
Establish Academic Standards for Public Schools pursuant to section 45 of11-5
chapter 473, Statutes of Nevada 1997.11-6
(b) Training for teachers and school administrators in the assessment11-7
and measurement of pupil achievement and the effective methods to11-8
analyze the test results and scores of pupils to improve the achievement and11-9
proficiency of pupils.11-10
(c) Training for teachers in specific content areas to enable the teachers11-11
to provide a higher level of instruction in their respective fields of teaching.11-12
Such training must include instruction in effective methods to teach in a11-13
content area provided by teachers who are considered masters in that11-14
content area.11-15
(d) Training for teachers in the methods to teach basic skills to pupils,11-16
such as providing instruction in reading with the use of phonics and11-17
providing instruction in basic skills of math computation.11-18
10. The training required pursuant to subsection 9 must:11-19
(a) Include appropriate procedures to ensure follow-up training for11-20
teachers and administrators who have received training through the11-21
program.11-22
(b) Incorporate training that addresses the educational needs of:11-23
(1) Pupils with disabilities who participate in programs of special11-24
education; and11-25
(2) Pupils whose primary language is not English.11-26
11. A regional training program may include model classrooms that11-27
demonstrate the use of educational technology for teaching and learning.11-28
12. The governing body of each regional training program shall:11-29
(a) Prepare and maintain a list that identifies programs for the11-30
professional development of teachers and administrators that successfully11-31
incorporate the standards of content and performance established by the11-32
Council to Establish Academic Standards for Public Schools and other11-33
training listed in subsection 9, and shall provide the list to the school11-34
districts for dissemination to teachers and administrators;11-35
(b) Establish a method for the evaluation of the success of the regional11-36
training program; and11-37
(c) Submit an annual report to the State Board of Education, the11-38
Commission on Professional Standards in Education, the Legislative11-39
Committee on Education and the Legislative Bureau of Educational11-40
Accountability and Program Evaluation that includes:11-41
(1) The priorities for training adopted by the governing body pursuant11-42
to subsection 9;11-43
(2) The type of training offered through the program;12-1
(3) The number of teachers and administrators who received training12-2
during the immediately preceding year; and12-3
(4) An evaluation of the success of the regional training program in12-4
accordance with the method established pursuant to paragraph (b).12-5
13. The board of trustees of each school district shall submit an annual12-6
report to the State Board of Education, the Commission on Professional12-7
Standards in Education, the Legislative Committee on Education and the12-8
Legislative Bureau of Educational Accountability and Program Evaluation12-9
that includes:12-10
(a) The number of teachers and administrators employed by the school12-11
district who received training through a regional training program during12-12
the immediately preceding year; and12-13
(b) An evaluation of whether that training included the standards of12-14
content and performance adopted by the Council to Establish Academic12-15
Standards for Public Schools pursuant to section 45 of chapter 473,12-16
Statutes of Nevada 1997.12-17
14. Each school district shall report for each school within the school12-18
district that received a designation as demonstrating need for improvement12-19
pursuant to NRS 385.367, if any, the amount of money expended for the:12-20
(a) Professional development of teachers to carry out the remedial12-21
programs required pursuant to NRS 385.389; and12-22
(b) Plan to improve the achievement of the school.12-23
The report must be submitted to the Governor, the State Board of12-24
Education, the Legislative Committee on Education and the Legislative12-25
Bureau of Educational Accountability and Program Evaluation.12-26
15. Any remaining balance of the transfers made by subsection 1 for12-27
the 1999-2000 fiscal year must be added to the money received by the12-28
school districts for the 2000-2001 fiscal year and may be expended as that12-29
money is expended. Any remaining balance of the transfers made by12-30
subsection 1 for the 2000-2001 fiscal year, including any money added12-31
from the allocation for the previous fiscal year, must not be committed for12-32
expenditure after June 30, 2001, and reverts to the state distributive school12-33
account as soon as all payments of money committed have been made.12-34
Sec. 17. 1. The school districts authorized to receive an allocation12-35
under subsection 1 of section 16 of this act to establish regional training12-36
programs are hereby authorized to form a consortium and to receive up to12-37
$50,000 in each fiscal year of the 1999-2001 biennium from the state12-38
distributive school account to spend for an evaluation of the regional12-39
training program for professional development of teachers and12-40
administrators established pursuant to section 16 of this act.12-41
2. The consortium of school districts shall, after consulting with the12-42
Legislative Bureau of Educational Accountability and Program Evaluation,12-43
use the money allocated by subsection 1 to hire a qualified, independent13-1
consultant to conduct an evaluation of the effectiveness of the four regional13-2
training programs established pursuant to section 16 of this act. The13-3
evaluation must include, without limitation, a review of the annual reports13-4
submitted by the governing body of each regional training program13-5
pursuant to subsection 12 of section 16 of this act and the annual reports13-6
submitted by the board of trustees of each school district pursuant to13-7
subsection 13 of section 16 of this act.13-8
3. On or before February 1, 2001, the consultant shall submit a written13-9
report of the results of his evaluation to the consortium and the Legislative13-10
Bureau of Educational Accountability and Program Evaluation. On or13-11
before February 19, 2001, the Legislative Bureau of Educational13-12
Accountability and Program Evaluation shall submit a copy of the written13-13
evaluation, including any recommendations for legislation, to the Director13-14
of the Legislative Counsel Bureau for transmission to the 71st session of13-15
the Nevada Legislature.13-16
4. Any remaining balance of the allocation made by subsection 1 must13-17
not be committed for expenditure after June 30, 2001, and reverts to the13-18
state distributive school account as soon as all payments of money13-19
committed have been made.13-20
Sec. 18. 1. The Department of Education is hereby authorized to13-21
spend the following sums from the state distributive school account for13-22
remedial education programs for schools that have been designated as13-23
demonstrating need for improvement and certain schools that have been13-24
designated as demonstrating adequate achievement:13-27
The money allocated must be used to provide remedial education programs13-28
that have been approved by the Department as being effective in improving13-29
pupil achievement.13-30
2. A school that receives a designation as demonstrating need for13-31
improvement pursuant to NRS 385.367 may submit to the Department of13-32
Education, for transmission to the State Board of Examiners, an application13-33
for an allocation from the amount authorized in subsection 1. A school that13-34
did not receive a designation because the school had too few pupils13-35
enrolled in a grade level that is tested pursuant to NRS 389.015, but the test13-36
scores of the pupils indicate that the school would have received a13-37
designation as demonstrating need for improvement, may submit to the13-38
Department of Education, for transmission to the State Board of Examiners,13-39
an application for an allocation from the amount authorized in subsection 1.13-40
A school that receives a designation as demonstrating adequate13-41
achievement may submit to the Department of Education, for transmission13-42
to the State Board of Examiners, an application for an allocation from the13-43
amount authorized in subsection 1 if more than 40 percent of the pupils14-1
enrolled in the school received an average score below the 26th percentile14-2
on three of the four subjects tested pursuant to NRS 389.015 or if the14-3
school was designated as demonstrating need for improvement pursuant to14-4
NRS 385.367 in the immediately preceding school year. The Department of14-5
Education shall, in consultation with the Budget Division of the14-6
Department of Administration and the Legislative Bureau of Educational14-7
Accountability and Program Evaluation, develop a form for such14-8
applications.14-9
3. Upon receipt of an application submitted pursuant to subsection 2,14-10
the Department of Education shall review the application jointly with the14-11
Budget Division of the Department of Administration and the Legislative14-12
Bureau of Educational Accountability and Program Evaluation. The14-13
Department of Education shall transmit the application to the State Board14-14
of Examiners with the recommendation of the Department of Education14-15
concerning the allocation of money based upon each application so14-16
received. The State Board of Examiners, or the Clerk of the Board if14-17
authorized by the Board to act on its behalf, shall consider each such14-18
application and, if it finds that an allocation should be made, recommend14-19
the amount of the allocation to the Interim Finance Committee. The Interim14-20
Finance Committee shall consider each such recommendation, but is not14-21
bound to follow the recommendation of the State Board of Examiners when14-22
determining the allocation to be received by a school.14-23
4. In determining the amount of the allocation, the State Board of14-24
Examiners and the Interim Finance Committee shall consider:14-25
(a) The total number of pupils enrolled in the school who failed to14-26
demonstrate at least adequate achievement on the examinations14-27
administered pursuant to NRS 389.015; and14-28
(b) The financial need of the particular school.14-29
5. A school that receives an allocation of money pursuant to subsection14-30
3 shall use the money to:14-31
(a) Pay the costs incurred by the school in providing the program of14-32
remedial study required by NRS 385.389. The money must first be applied14-33
to those pupils who the school determines are performing at a level which14-34
poses the highest risk of failure.14-35
(b) Pay for the salaries, training or other compensation of teachers and14-36
other educational personnel to provide the program of remedial study,14-37
instructional materials required for the remedial study, equipment necessary14-38
to offer the program of remedial study and all other additional operating14-39
costs attributable to the program of remedial study.14-40
(c) Supplement and not replace the money the school would otherwise14-41
expend for programs of remedial study.14-42
6. Before a school amends a plan for expenditure of an allocation of14-43
money received pursuant to subsection 3, the school district must submit15-1
the proposed amendment to the Department of Education to receive joint15-2
approval from the Department of Education, the Budget Division of the15-3
Department of Administration and the Legislative Bureau of Educational15-4
Accountability and Program Evaluation, or the Interim Finance Committee.15-5
7. The sums authorized for expenditure in subsection 1 are available15-6
for either fiscal year. Any remaining balance of those sums must not be15-7
committed for expenditure after June 30, 2001, and reverts to the state15-8
distributive school account as soon as all payments of money committed15-9
have been made.15-10
Sec. 19. 1. The Department of Education is hereby authorized to15-11
allocate from the state distributive school account the following sums for15-12
remedial education programs or tutoring for pupils who need additional15-13
instructional time in order to pass or to reach a level considered proficient.15-14
Programs funded under this section must be conducted before or after15-15
school, on weekends, during the summer or between sessions in schools15-16
with year-round school calendars.15-19
The money allocated must be used to provide remedial education programs15-20
or tutoring programs that have been approved by the Department as being15-21
effective in improving pupil achievement.15-22
2. To receive an allocation from the amounts authorized in subsection15-23
1, a school district must submit a written plan for providing remedial15-24
instruction or tutoring. The written plan must include:15-25
(a) The estimated number of pupils that will participate in the remedial15-26
program;15-27
(b) The curriculum that will be taught;15-28
(c) A schedule of the course work or tutoring to be conducted under the15-29
remedial program;15-30
(d) A plan for evaluating the effectiveness of the remedial program; and15-31
(e) A budget for the program.15-32
3. Upon receipt of such an application, the Department of Education15-33
shall review the application jointly with the Budget Division of the15-34
Department of Administration and the Legislative Bureau of Educational15-35
Accountability and Program Evaluation. The Department of Education15-36
shall transmit the application to the State Board of Examiners with the15-37
recommendation of the Department concerning the allocation of money15-38
based upon each application so received. The State Board of Examiners, or15-39
the Clerk of the Board if authorized by the Board to act on its behalf, shall15-40
consider each such application and, if it finds that an allocation should be15-41
made, recommend the amount of the allocation to the Interim Finance15-42
Committee. The Interim Finance Committee shall consider each such15-43
recommendation, but is not bound to follow the recommendation of the16-1
State Board of Examiners when determining the allocation to be received16-2
by a school district.16-3
4. A school that receives an allocation of money pursuant to subsection16-4
3 shall use the money to:16-5
(a) Pay the costs incurred by the school in providing the program of16-6
remedial study required by NRS 385.389. The money must first be applied16-7
to those pupils who the school determines are performing at a level which16-8
poses the highest risk of failure.16-9
(b) Pay for the salaries, training or other compensation of teachers and16-10
other educational personnel to provide the program of remedial study,16-11
instructional materials required for the remedial study, equipment necessary16-12
to offer the program of remedial study and all other additional operating16-13
costs attributable to the program of remedial study.16-14
(c) Supplement and not replace the money the school would otherwise16-15
expend for programs of remedial study.16-16
5. The sums authorized for expenditure in subsection 1 are available16-17
for either fiscal year. Any remaining balance of those sums must not be16-18
committed for expenditure after June 30, 2001, and reverts to the state16-19
distributive school account as soon as all payments of money committed16-20
have been made.16-21
Sec. 20. 1. The Department of Education is hereby authorized to16-22
transfer the following sums from the state distributive school account to16-23
develop or purchase and to score the examinations required to be16-24
administered statewide to measure the achievement of pupils in standards16-25
of content and performance, commencing in the 2000-2001 school year:16-28
On or before December 1, 2000, the State Board of Education shall,16-29
pursuant to the recommendations of the Council to Establish Academic16-30
Standards for Public Schools, develop or purchase examinations that16-31
measure the achievement and proficiency of pupils in grades 3 and 5 on the16-32
standards of content and performance established by the Council for16-33
English and mathematics. The examinations must be scored by a single16-34
entity, the Department of Education or a school district on behalf of the16-35
other school districts.16-36
2. The examinations must be administered to all pupils who are16-37
required to take such examinations, pursuant to section 24 of Senate Bill16-38
No. 466 of this session, commencing in the spring semester of 2001. In the16-39
first year that the examinations are administered, the results of the16-40
examinations must be used solely to gather information and data16-41
concerning the examinations. The examinations or test questions to be used16-42
in the examinations must be tested in a pilot project in the Spring of 2000.17-1
3. The State Board of Education shall adopt regulations that require the17-2
board of trustees of each school district and the governing body of each17-3
charter school to submit to the Superintendent of Public Instruction, the17-4
Department of Education, the Council to Establish Academic Standards for17-5
Public Schools and the Legislative Bureau of Educational Accountability17-6
and Program Evaluation, in the form and manner prescribed by the17-7
superintendent, the results of the examinations administered pursuant to this17-8
section. The State Board shall not include in the regulations any provision17-9
that would violate the confidentiality of the test scores of an individual17-10
pupil.17-11
4. The board of trustees of each school district shall review the results17-12
of the examinations administered pursuant to subsection 2 to pupils17-13
enrolled in public schools within the school district. Based upon such a17-14
review, the board of trustees of each school district shall:17-15
(a) Identify the need, if any, for the acquisition of the knowledge and17-16
skills required of teachers to teach pupils the subjects relating to the17-17
standards of content and performance.17-18
(b) Recommend programs for the acquisition of the knowledge and17-19
skills by teachers, as identified by the review.17-20
(c) Review the curriculum of the school regarding the standards of17-21
content and performance.17-22
5. The sums authorized for expenditure in subsection 1 are available17-23
for either fiscal year. Any remaining balance of those sums must not be17-24
committed for expenditure after June 30, 2001, and reverts to the state17-25
distributive school account as soon as all payments of money committed17-26
have been made.17-27
Sec. 21. 1. The Department of Education is hereby authorized to17-28
transfer the following sums from the state distributive school account to17-29
contract with a nationally recognized testing company to take over the17-30
development, printing, administration and scoring of the high school17-31
proficiency examination required by NRS 389.015:17-34
2. The standards established by the Council to Establish Academic17-35
Standards for Public Schools and adopted by the State Board of Education17-36
in August of 1998 must be phased into the high school proficiency17-37
examination as new forms are prepared. The examinations, or test questions17-38
to be used in the examinations, must be tested in a pilot project in the Fall17-39
of 2000.17-40
3. Beginning in school year 2001-2002, the high school proficiency17-41
examination required by subsection 6 of NRS 389.015, which pupils must17-42
pass to receive a standard high school diploma, must measure pupils’17-43
performance on the standards of content and performance adopted by the18-1
State Board of Education in August of 1998. The high school proficiency18-2
examination covering the academic standards must be administered to18-3
pupils in grade 11 in the school year 2001-2002, who must pass the18-4
examination before the end of grade 12 to receive a standard diploma in18-5
school year 2002-2003. Pupils who graduate from high school in school18-6
year 2001-2002 must pass the preceding year’s high school proficiency18-7
examination.18-8
4. The examinations must be scored by a single private entity, the18-9
Department of Education or a school district on behalf of the other school18-10
districts.18-11
5. In the first year that the examinations are administered, the results of18-12
the examinations must be used solely to gather information and data18-13
concerning the examinations. The State Board of Education shall adopt18-14
regulations that require the board of trustees of each school district and the18-15
governing body of each charter school to submit to the Superintendent of18-16
Public Instruction, the Department of Education, the Council to Establish18-17
Academic Standards for Public Schools and the Legislative Bureau of18-18
Educational Accountability and Program Evaluation, in the form and18-19
manner prescribed by the superintendent, the results of the examinations18-20
administered pursuant to this section. The State Board of Education shall18-21
not include in the regulations any provision that would violate the18-22
confidentiality of the test scores of an individual pupil.18-23
6. The board of trustees of each school district shall review the results18-24
of examinations administered pursuant to subsection 3 to pupils enrolled in18-25
public schools within the school district. Based upon such a review, the18-26
board of trustees of each school district shall:18-27
(a) Identify the need, if any, for the acquisition of the knowledge and18-28
skills required of teachers to teach pupils the subjects relating to the18-29
standards of content and performance.18-30
(b) Recommend programs for the acquisition of the knowledge and18-31
skills by teachers, as identified by the review.18-32
(c) Review the curriculum of the school regarding the standards of18-33
content and performance.18-34
7. The sums authorized for expenditure in subsection 1 are available18-35
for either fiscal year with the approval of the Interim Finance Committee.18-36
Any remaining balance of those sums must not be committed for18-37
expenditure after June 30, 2001, and reverts to the state distributive school18-38
account as soon as all payments of money committed have been made.18-39
Sec. 22. Section 4 of chapter 333, Statutes of Nevada 1997, at page18-40
1229, is hereby amended to read as follows: Sec. 4. 1. An advisory committee for the statewide18-42
automated system of information concerning pupils is hereby18-43
created. The advisory committee consists of:19-1
(a) One representative of each school district, appointed by the19-2
board of trustees.19-3
(b) Two representatives of the state board of education,19-4
appointed by the president of the board.19-5
(c) One representative of the budget division of the department19-6
of administration, appointed by the chief of the budget division.19-7
(d) Two members of the legislature. One of the members must19-8
be appointed by the majority leader of the senate and one of the19-9
members must be appointed by the speaker of the assembly.19-10
2. The term of each member of the advisory committee19-11
commences on August 1, 1997, and expires on June 30,19-12
2001.19-13
3. For each day or portion of a day during which a member19-14
of the advisory committee who is a legislator attends a meeting of19-15
the advisory committee or is otherwise engaged in the business of19-16
the advisory committee, except during a regular or special session19-17
of the legislature, he is entitled to receive the:19-18
(a) Compensation provided for a majority of the members of19-19
the legislature during the first 60 days of the preceding session;19-20
(b) Per diem allowance provided for state officers and19-21
employees generally; and19-22
(c) Travel expenses provided pursuant to NRS 218.2207.19-23
The compensation, per diem allowances and travel expenses of19-24
the legislative members of the advisory committee must be paid19-25
from the legislative fund.19-26
4. The members of the advisory committee who are not19-27
legislators serve without compensation, except that for each day or19-28
portion of a day during which a member of the advisory committee19-29
attends a meeting of the advisory committee or is otherwise19-30
engaged in the work of the advisory committee, he is entitled to19-31
receive the per diem allowance and travel expenses provided for19-32
state officers and employees generally.19-33
19-34
least eight meetings with the advisory committee and during those19-35
meetings report to and consider any suggestions of the advisory19-36
committee concerning the establishment and maintenance of the19-37
statewide automated system of information concerning pupils.19-38
Sec. 23. 1. The Department of Education is hereby authorized to19-39
transfer from the state distributive school account to the Clark County19-40
School District in each fiscal year of the 1999-2001 biennium the following19-41
sums for the continued implementation and maintenance of a statewide19-42
automated system of information concerning pupils pursuant to NRS19-43
386.650:20-1
For fiscal year 1999-2000 $1,700,00020-2
For fiscal year 2000-2001 $1,700,00020-3
2. The money allocated to the Clark County School District must be20-4
used for the purchase of hardware, networking and software for information20-5
relating to pupils, and training and other related services that are20-6
nonrecurring, including, without limitation, assistance in the integration of20-7
the statewide automated system of information concerning pupils. The20-8
allocations made by subsection 1 must be used in accordance with the20-9
program established by the school districts for the statewide automated20-10
system of information concerning pupils pursuant to NRS 386.650.20-11
3. To receive money pursuant to subsection 1, the Board of Trustees of20-12
the Clark County School District shall enter into a written agreement with20-13
the Department of Education. The written agreement must prescribe the20-14
duties of the school district and the Department of Education in continuing20-15
to implement and maintain the statewide automated system of information20-16
concerning pupils. The Clark County School District shall not use the20-17
money to:20-18
(a) Settle or arbitrate disputes or negotiate settlements between an20-19
organization that represents employees of the school district and the school20-20
district; or20-21
(b) Adjust the schedules of salaries and benefits of the employees of the20-22
school district, excluding any overtime costs incurred by an employee of20-23
the school district while working on the establishment and maintenance of20-24
the statewide automated system of information concerning pupils.20-25
4. The Department of Education is hereby authorized to spend20-26
$300,000 from the state distributive school account in each year of the20-27
1999-2001 biennium in the following manner:20-28
(a) Contractual services that are necessary to plan, install and evaluate20-29
hardware and software and provide technical assistance for the statewide20-30
automated system of information concerning pupils; and20-31
(b) The payment of the per diem allowances and travel expenses for the20-32
nonlegislative members of the advisory committee for the statewide20-33
automated system of information concerning pupils created pursuant to20-34
section 4 of chapter 333, Statutes of Nevada 1997.20-35
5. The sums authorized for expenditure in subsection 1 are available20-36
for either fiscal year. Any remaining balance of those sums must not be20-37
committed for expenditure after June 30, 2001, and reverts to the state20-38
distributive school account as soon as all payments of money committed20-39
have been made.20-40
6. The Superintendent of Public Instruction shall, during the 1999-20-41
2001 biennium, report semiannually to the Interim Finance Committee and20-42
annually to the Legislative Committee on Education concerning the20-43
expenditures described in subsections 2 and 4 of this section.21-1
7. The Department of Education shall, on or before February 15, 2001,21-2
provide a report to the 71st session of the Nevada Legislature which21-3
includes all expenditures described in sections 2 and 4 of this section.21-4
8. For the purposes of carrying out the provisions of this section, the21-5
Department of Education is not subject to the provisions of chapter 233F or21-6
242 of NRS.21-7
Sec. 24. 1. The Department of Education is hereby authorized to21-8
spend the following amounts from the state distributive school account21-9
during the 1999-2001 biennium:21-10
(a) For the Commission on Educational Technology to grant to local21-11
school districts for schools that were unable to reach the minimal level of21-12
educational technology for the classroom or computer laboratory21-13
recommended by the Commission, $1,300,000 for fiscal year 1999-200021-14
and $1,400,000 for fiscal year 2000-2001.21-15
(b) For the Commission on Educational Technology to grant to school21-16
libraries for licenses to access research databases and other on-line21-17
resources appropriate for pupils, $500,000 in fiscal year 1999-2000.21-18
(c) For the Commission on Educational Technology to grant to local21-19
school districts to pay for maintenance contracts for software, $500,000 in21-20
fiscal year 1999-2000 and $500,000 in fiscal year 2000-2001.21-21
(d) For transfer to the Clark County School District to continue21-22
implementing the uniform, statewide satellite downlink project, $400,00021-23
in fiscal year 1999-2000 and $400,000 in fiscal year 2000-2001.21-24
(e) For the school to careers program to provide base-level grants of21-25
$25,000 to each school district and institution of higher education within21-26
the University and Community College System, with the remaining funds21-27
allocated among the school districts on a per-pupil basis, $1,000,000 in21-28
fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-2001.21-29
(f) For grants to school districts and community-based organizations for21-30
early childhood education and family literacy programs for pre-school21-31
children and their parents, $500,000 in fiscal year 1999-2000 and $500,00021-32
in fiscal year 2000-2001.21-33
2. Except for paragraph (b) of subsection 1, the sums authorized for21-34
expenditure in subsection 1 are available for either fiscal year. Any21-35
remaining balance of those sums must not be committed for expenditure21-36
after June 30, 2001, and reverts to the state distributive school account as21-37
soon as all payments of money committed have been made.21-38
Sec. 25. The sums appropriated or authorized in sections 16 to 21,21-39
inclusive, and sections 23 and 24 of this act:21-40
1. Must be accounted for separately from any other money received by21-41
the school districts of this state and used only for the purposes specified in21-42
the applicable section of this act.22-1
2. May not be used to settle or arbitrate disputes between a recognized22-2
organization representing employees of a school district and the school22-3
district, or to settle any negotiations.22-4
3. May not be used to adjust the district-wide schedules of salaries and22-5
benefits of the employees of a school district.22-6
Sec. 26. The Department of Education is hereby authorized to spend22-7
from the state distributive school account the sum of $3,687,525 to be22-8
apportioned among the school districts for the fiscal year 1999-2000 in the22-9
amounts listed below to replace the revenue from the tax on net proceeds of22-10
minerals that will be collected during fiscal year 1999-2000 but are,22-11
pursuant to sections 3 and 4 of this act, reserved for expenditure in fiscal22-12
year 2000-2001:22-13
Payment for Tax22-14
on Net Proceeds22-15
School District of Minerals22-16
Carson City $ 022-17
Churchill $30,00022-18
Clark $42,00022-19
Douglas $30022-20
Elko $975,00022-21
Esmeralda $4,50022-22
Eureka $900,00022-23
Humboldt $26,25022-24
Lander $1,275,00022-25
Lincoln $37522-26
Lyon $97522-27
Mineral $7,50022-28
Nye $142,50022-29
Pershing $195,00022-30
Storey $4,50022-31
Washoe $4,87522-32
White Pine $78,75022-33
$3,687,52522-34
For the fiscal year 1999-2000, the sums apportioned to each school district22-35
shall be considered as the portion of the tax of 75 cents on each $100 of22-36
assessed valuation of taxable property within the county for the support of22-37
public schools within the county school district which is attributable to the22-38
school districts’ share of the tax on net proceeds of minerals.22-39
Sec. 27. Beginning on July 1, 1999, estate tax receipts must be22-40
deposited into the fund for school improvement and an amount not to22-41
exceed $13,891,737 must be transferred from the fund for school23-1
improvement to the state distributive school account in each fiscal year of23-2
the 1999-2001 biennium.23-3
Sec. 28. Section 55 of chapter 473, Statutes of Nevada 1997, at page23-4
1784, is hereby amended to read as follows:23-5
Sec. 55. 1. There is hereby appropriated from the state23-6
general fund to the department of education for the fiscal year 1998-23-7
199923-8
(a) The sum of23-9
the department of education for developing, writing and printing the23-10
examinations required of pupils pursuant to paragraph (b) of23-11
subsection 4 of section 45 of23-12
Nevada 1997; and23-13
(b) The sum of $70,000 to pay the costs incurred by the23-14
department of education for writing test questions and developing23-15
additional forms for the high school proficiency examination23-16
required by NRS 389.015.23-17
2. Any remaining balance of the23-18
made by subsection 1 must not be committed for expenditure after23-19
June 30, 1999, and reverts to the state general fund as soon as all23-20
payments of money committed have been made.23-21
Sec. 29. Each school district shall expend the revenue made available23-22
through this act, as well as other revenue from state, local and federal23-23
sources, in a manner that is designed to attain the goals of the Legislature23-24
regarding educational reform in this state, especially with regard to23-25
assisting pupils in need of remediation and pupils who are not proficient in23-26
the English language.23-27
Sec. 30. 1. Section 28 of this act becomes effective upon passage23-28
and approval.23-29
2. This section and the remaining sections of this act become effective23-30
on July 1, 1999.~