CHAPTER........
AN ACT relating to public schools; apportioning the state distributive school account in the
state general fund for the 1999-2001 biennium; authorizing certain expenditures;
providing for a final adjustment following the close of a fiscal year; making various
other changes concerning the administration of money for public schools; making
an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2.
The department shall:1. Conduct an annual audit of the count of pupils for apportionment
purposes reported by each school district pursuant to NRS 387.123 and
the data reported by each school district that is used to measure the
effectiveness of the implementation of the plan developed by each school
district to reduce the pupil-teacher ratio in kindergarten and grades 1, 2
and 3, as required by NRS 388.710.
2. Review each school district’s report of the annual audit conducted
by a public accountant as required by NRS 354.624, and the annual
report prepared by each district as required by NRS 387.303, and report
the findings of the review to the state board and the legislative committee
on education, with any recommendations for legislation, revisions to
regulations or training needed by school district employees. The report by
the department must identify school districts which failed to comply with
any statutes or administrative regulations of this state or which had any:
(a) Long-term obligations in excess of the general obligation debt
limit;
(b) Deficit fund balances or retained earnings in any fund;
(c) Deficit cash balances in any fund;
(d) Variances of more than 10 percent between total general fund
revenues and budgeted general fund revenues; or
(e) Variances of more than 10 percent between total actual general
fund expenditures and budgeted total general fund expenditures.
3. In preparing its biennial budgetary request for the state
distributive school account, consult with the superintendent of schools of
each school district or a person designated by the superintendent.
4. Provide, in consultation with the Budget Division of the
Department of Administration and the fiscal analysis division of the
legislative counsel bureau, training to the financial officers of school
districts in matters relating to financial accountability.
Sec. 3.
When administering money received from the FederalGovernment, the superintendent of public instruction, the department or
the state board, as applicable, shall, to the extent practicable, administer
the money in a manner that is designed to attain the goals of the
legislature regarding educational reform in this state.
Sec. 4. NRS 387.1211 is hereby amended to read as follows:
387.1211 As used in NRS 387.121 to 387.126, inclusive:Sec. 5. NRS 387.1235 is hereby amended to read as follows:
Sec. 6.
NRS 387.195 is hereby amended to read as follows:Sec. 7. The basic support guarantee for school districts for operating
purposes for the 1999-2000 fiscal year is an estimated weighted average of
$3,806. For each respective school district, the basic support guarantee per
pupil for the 1999-2000 fiscal year is:
Sec. 8. 1. The basic support guarantee for school districts for
operating purposes for the 2000-2001 fiscal year is an estimated weighted
average of $3,804 per pupil.
2. On or before April 1, 2000, the Department of Taxation shall
provide a certified estimate of the assessed valuation for each school
district for the 2000-2001 fiscal year. The assessed valuation for each
school district must be that which is taxable for purposes of providing
revenue to school districts, including any assessed valuation attributable to
the net proceeds of minerals derived from within the boundaries of the
district.
3. On or before April 25 of each year, the Department of Taxation shall
provide an estimate of the net proceeds of minerals based upon statements
required of mine operators pursuant to NRS 362.115, as amended by
Assembly Bill No. 506 of this session.
4. For purposes of establishing the basic support guarantee, the
estimated basic support guarantees for each school district for the 2000-
2001 fiscal year for operating purposes are:
Support Basi
c Guarantee Estimated Support
Before Ad Valorem Guarantee
School District Adjustment Adjustment as Adjusted
5. The ad valorem adjustment may be made only to take into account
the difference in the assessed valuation and the estimated enrollment of the
school district between the amount estimated as of April 1, 1999, and the
amount estimated as of April 1, 2000, for the 2000-2001 fiscal year.
Estimates of net proceeds of minerals received from the Department of
Taxation on or before April 25 pursuant to subsection 3 shall be taken into
consideration in determining the adjustment.
6. Upon receipt of the certified estimates of assessed valuations as of
April 1, 2000, from the Department of Taxation, the Department of
Education must recalculate the amount of ad valorem adjustment and the
tentative basic support guarantee for operating purposes for the 2000-2001
fiscal year by April 15, 2000. The final basic support guarantee for each
school district for the 2000-2001 fiscal year is the amount which is
recalculated for the 2000-2001 fiscal year pursuant to this section, taking
into consideration estimates of net proceeds of minerals received from the
Department of Taxation on or before April 25, 2000. The basic support
guarantee recalculated pursuant to this section must be calculated before
May 31, 2000.
Sec. 9. 1. The basic support guarantee for each special education
program unit which is maintained and operated for at least 9 months of a
school year is $28,813 in the 1999-2000 fiscal year and $29,389 in the
2000-2001 fiscal year, except as limited by subsection 2.
2. The maximum number of units and amount of basic support for
special education program units within each of the school districts, before
any reallocation pursuant to NRS 387.1221, for the fiscal years 1999-2000
and 2000-2001 are:
Sec. 10. 1. There is hereby appropriated from the state general fund
to the state distributive school account in the state general fund created
pursuant to NRS 387.030:
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive,
concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1999-2000 and
2000-2001, as required by NRS 353.215. Work programs may be revised
with the approval of the Governor upon the recommendation of the Chief
of the Budget Division of the Department of Administration.
3. Transfers to and from allotments must be allowed and made in
accordance with NRS 353.215 to 353.225, inclusive, after separate
considerations of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal
year. Money may be transferred from one fiscal year to the other with the
approval of the Governor upon the recommendation of the Chief of the
Budget Division of the Department of Administration.
5. Any remaining balance of the appropriation made by subsection 1
for the 1999-2000 fiscal year must be transferred and added to the money
appropriated for the 2000-2001 fiscal year and may be expended as that
money is expended.
6. Any remaining balance of the appropriation made by subsection 1
for the 2000-2001 fiscal year, including any money added thereto pursuant
to the provisions of subsections 3 and 5, 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.
Sec. 11. 1. Expenditure of $130,133,149 by the Department of
Education from money in the state distributive school account which was
not appropriated from the state general fund is hereby authorized during the
fiscal year beginning July 1, 1999.
2. Expenditure of $135,387,657 by the Department of Education from
money in the state distributive school account which was not appropriated
from the state general fund is hereby authorized during the fiscal year
beginning July 1, 2000.
3. For purposes of accounting and reporting, the sums authorized for
expenditure by subsections 1 and 2 are considered to be expended before
any appropriation is made to the state distributive school account from the
4. The money authorized to be expended by subsections 1 and 2 must
be expended in accordance with NRS 353.150 to 353.245, inclusive,
concerning the allotment, transfer, work program and budget. Transfers to
and from allotments must be allowed and made in accordance with NRS
353.215 to 353.225, inclusive, after separate consideration of the merits of
each request.
5. The Chief of the Budget Division of the Department of
Administration may, with the approval of the Governor, authorize the
augmentation of the amounts authorized for expenditure by the Department
of Education, in subsections 1 and 2, for the purpose of meeting obligations
of the state incurred under chapter 387 of NRS with amounts from any
other state agency, from any agency of local government, from any agency
of the Federal Government or from any other source which he determines is
in excess of the amount taken into consideration by this act. The Chief of
the Budget Division of the Department of Administration shall reduce any
authorization whenever he determines that money to be received will be
less than the amount authorized in subsections 1 and 2.
Sec. 12. During each of the fiscal years 1999-2000 and 2000-2001,
whenever the State Controller finds that current claims against the state
distributive school account in the state general fund exceed the amount
available in the account to pay those claims, he may advance temporarily
from the state general fund to the state distributive school account the
amount required to pay the claims, but not more than the amount expected
to be received in the current fiscal year from any source authorized for the
state distributive school account. No amount may be transferred unless
requested by the Chief of the Budget Division of the Department of
Administration.
Sec. 13. The Department of Education is hereby authorized to spend
from the state distributive school account the sums of $12,851,835 for the
1999-2000 fiscal year and $13,736,786 for the 2000-2001 fiscal year for
the support of courses which are approved by the Department of Education
as meeting the course of study for an adult standard high school diploma as
approved by the State Board of Education. In each fiscal year of the 1999-
2001 biennium, the sum authorized must be allocated among the various
school districts in accordance with a plan or formula developed by the
Department of Education to ensure the money is distributed equitably and
in a manner that permits accounting for the expenditures of school districts.
Sec. 14. The Department of Education is hereby authorized to provide
from the state distributive school account the sum of $50,000 to each of the
17 school districts in each fiscal year of the 1999-2001 biennium to support
special counseling services for elementary school pupils at risk of failure.
Sec. 15. The amounts of the guarantees set forth in sections 7 and 8 of
this act may be reduced to effectuate a reserve required pursuant to NRS
353.225.
Sec. 16. 1. The Department of Education is hereby authorized to
transfer from the state distributive school account to the school districts
specified in this section the following sums for fiscal years 1999-2000 and
2000-2001:
School District 1999-2000 2000-2001
Clark County School District $1,284,603 $1,354,311
Douglas County School District $640,655 $686,415
Elko County School District $691,749 $487,914
Washoe County School District $832,993 $921,360
$3,450,000 $3,450,000
2. A school district that receives an allocation pursuant to subsection 1:
(a) Shall use the money to establish and operate a regional training
program for the professional development of teachers and administrators,
including, without limitation, paying:
(1) The salaries and travel expenses of staff and other personnel
necessary to the operation of the program;
(2) Related administrative expenses; and
(3) The costs incurred to acquire equipment and space to operate the
program.
(b) Shall use the money to pay for the travel expenses of teachers and
administrators who attend the regional training program.
(c) May use the money to provide incentives for teachers to attend the
regional training program, including, without limitation, the:
(1) Arrangement for credit toward renewal of a license or an
endorsement for a license;
(2) Provision of books, supplies or instructional materials for the
classroom; and
(3) Provision of stipends.
3. Except as otherwise provided in subsection 7, the regional training
program established by the Clark County School District must primarily
provide services to teachers and administrators who are employed by
school districts in:
(a) Clark County;
(b) Esmeralda County;
(c) Lincoln County; and
(d) Nye County.
4. Except as otherwise provided in subsection 7, the regional training
program established by the Douglas County School District must primarily
provide services to teachers and administrators who are employed by
school districts in:
(a) Churchill County;
(b) Douglas County;
(c) Lyon County;
(d) Carson City; an
(e) Mineral County.
5. Except as otherwise provided in subsection 7, the regional training
program established by the Elko County School District must primarily
provide services to teachers and administrators who are employed by
school districts in:
(a) Elko County;
(b) Eureka County;
(c) Lander County;
(d) Humboldt County; and
(e) White Pine County.
6. Except as otherwise provided in subsection 7, the regional training
program established by the Washoe County School District must primarily
provide services to teachers and administrators who are employed by
school districts in:
(a) Pershing County;
(b) Storey County; and
(c) Washoe County.
7. Each regional training program shall, when practicable, make
reasonable accommodations for the attendance of teachers and
administrators who are employed by school districts outside the primary
jurisdiction of the regional training program.
8. Each regional training program must have a governing body
consisting of:
(a) The superintendent of schools, or his designee, for each school
district that is included within the primary jurisdiction of the regional
training program.
(b) Teachers who are considered masters, appointed by the
superintendents of schools of the school districts that are included within
the primary jurisdiction of the regional training program and the
representatives of higher education appointed to the governing body. Each
teacher who wishes to be considered for appointment to the governing body
must submit an application explaining his qualifications as a master
teacher. At least one teacher must be appointed from each school district
within the primary jurisdiction of the regional training program.
(c) Representatives of the University and Community College System of
Nevada, appointed by the Board of Regents, and representatives of other
institutions of higher education, as determined by the superintendents of
school districts included within the primary jurisdiction of the regional
training program.
(d) A nonvoting member who is an employee of the Department of
Education.
9. The governing body of each regional training program shall adopt a
training model, taking into consideration other model programs, including,
without limitation, the program used by the Geographic Alliance in
Nevada. The governing body shall assess the training needs of teachers
who are employed by the school districts within the primary jurisdiction of
the regional training program and adopt priorities of training for the
program based upon the assessment of needs. The board of trustees of each
such school district may submit recommendations for the types of training
that should be offered. Based upon the assessment of needs for training
within the region and the priorities of training adopted, each regional
training program shall provide at least one of the following types of
training:
(a) Training for teachers in the standards adopted by the Council to
Establish Academic Standards for Public Schools pursuant to section 45 of
chapter 473, Statutes of Nevada 1997.
(b) Training for teachers and school administrators in the assessment
and measurement of pupil achievement and the effective methods to
analyze the test results and scores of pupils to improve the achievement and
proficiency of pupils.
(c) Training for teachers in specific content areas to enable the teachers
to provide a higher level of instruction in their respective fields of teaching.
Such training must include instruction in effective methods to teach in a
content area provided by teachers who are considered masters in that
content area.
(d) Training for teachers in the methods to teach basic skills to pupils,
such as providing instruction in reading with the use of phonics and
providing instruction in basic skills of math computation.
10. The training required pursuant to subsection 9 must:
(a) Include appropriate procedures to ensure follow-up training for
teachers and administrators who have received training through the
program.
(b) Incorporate training that addresses the educational needs of:
(1) Pupils with disabilities who participate in programs of special
education; and
(2) Pupils whose primary language is not English.
11. A regional training program may include model classrooms that
demonstrate the use of educational technology for teaching and learning.
12. The governing body of each regional training program shall:
(a) Prepare and maintain a list that identifies programs for the
professional development of teachers and administrators that successfully
incorporate the standards of content and performance established by the
Council to Establish Academic Standards for Public Schools and other
training listed in subsection 9, and shall provide the list to the school
districts for dissemination to teachers and administrators;
(b) Establish a method for the evaluation of the success of the regional
training program; and
(c) Submit an annual report to the State Board of Education, the
Commission on Professional Standards in Education, the Legislative
Committee on Education and the Legislative Bureau of Educational
Accountability and Program Evaluation that includes:
(1) The priorities for training adopted by the governing body pursuant
to subsection 9;
(2) The type of training offered through the program;
(3) The number of teachers and administrators who received training
during the immediately preceding year; and
(4) An evaluation of the success of the regional training program in
accordance with the method established pursuant to paragraph (b).
13. The board of trustees of each school district shall submit an annual
report to the State Board of Education, the Commission on Professional
Standards in Education, the Legislative Committee on Education and the
Legislative Bureau of Educational Accountability and Program Evaluation
that includes:
(a) The number of teachers and administrators employed by the school
district who received training through a regional training program during
the immediately preceding year; and
(b) An evaluation of whether that training included the standards of
content and performance adopted by the Council to Establish Academic
Standards for Public Schools pursuant to section 45 of chapter 473,
Statutes of Nevada 1997.
14. Each school district shall report for each school within the school
district that received a designation as demonstrating need for improvement
pursuant to NRS 385.367, if any, the amount of money expended for the:
(a) Professional development of teachers to carry out the remedial
programs required pursuant to NRS 385.389; and
(b) Plan to improve the achievement of the school.
The report must be submitted to the Governor, the State Board of
Education, the Legislative Committee on Education and the Legislative
Bureau of Educational Accountability and Program Evaluation.
15. Any remaining balance of the transfers made by subsection 1 for
the 1999-2000 fiscal year must be added to the money received by the
school districts for the 2000-2001 fiscal year and may be expended as that
money is expended. Any remaining balance of the transfers made by
subsection 1 for the 2000-2001 fiscal year, including any money added
from the allocation for the previous fiscal year, must not be committed for
expenditure after June 30, 2001, and reverts to the state distributive school
account as soon as all payments of money committed have been made.
Sec. 17. 1. The school districts authorized to receive an allocation
under subsection 1 of section 16 of this act to establish regional training
programs are hereby authorized to form a consortium and to receive up to
$50,000 in each fiscal year of the 1999-2001 biennium from the state
distributive school account to spend for an evaluation of the regional
training program for professional development of teachers and
administrators established pursuant to section 16 of this act.
2. The consortium of school districts shall, after consulting with the
Legislative Bureau of Educational Accountability and Program Evaluation,
use the money allocated by subsection 1 to hire a qualified, independent
consultant to conduct an evaluation of the effectiveness of the four regional
training programs established pursuant to section 16 of this act. The
evaluation must include, without limitation, a review of the annual reports
submitted by the governing body of each regional training program
pursuant to subsection 12 of section 16 of this act and the annual reports
submitted by the board of trustees of each school district pursuant to
subsection 13 of section 16 of this act.
3. On or before February 1, 2001, the consultant shall submit a written
report of the results of his evaluation to the consortium and the Legislative
Bureau of Educational Accountability and Program Evaluation. On or
before February 19, 2001, the Legislative Bureau of Educational
Accountability and Program Evaluation shall submit a copy of the written
evaluation, including any recommendations for legislation, to the Director
of the Legislative Counsel Bureau for transmission to the 71st session of
the Nevada Legislature.
4. Any remaining balance of the allocation made by subsection 1 must
not be committed for expenditure after June 30, 2001, and reverts to the
state distributive school account as soon as all payments of money
committed have been made.
Sec. 18. 1. The Department of Education is hereby authorized to
spend the following sums from the state distributive school account for
remedial education programs for schools that have been designated as
demonstrating need for improvement and certain schools that have been
designated as demonstrating adequate achievement:
The money allocated must be used to provide remedial education programs
that have been approved by the Department as being effective in improving
pupil achievement.
2. A school that receives a designation as demonstrating need for
improvement pursuant to NRS 385.367 may submit to the Department of
Education, for transmission to the State Board of Examiners, an application
for an allocation from the amount authorized in subsection 1. A school that
did not receive a designation because the school had too few pupils
enrolled in a grade level that is tested pursuant to NRS 389.015, but the test
scores of the pupils indicate that the school would have received a
designation as demonstrating need for improvement, may submit to the
Department of Education, for transmission to the State Board of Examiners,
an application for an allocation from the amount authorized in subsection 1.
A school that receives a designation as demonstrating adequate
achievement may submit to the Department of Education, for transmission
to the State Board of Examiners, an application for an allocation from the
amount authorized in subsection 1 if more than 40 percent of the pupils
enrolled in the school received an average score below the 26th percentile
on three of the four subjects tested pursuant to NRS 389.015 or if the
school was designated as demonstrating need for improvement pursuant to
NRS 385.367 in the immediately preceding school year. The Department of
Education shall, in consultation with the Budget Division of the
Department of Administration and the Legislative Bureau of Educational
Accountability and Program Evaluation, develop a form for such
applications.
3. Upon receipt of an application submitted pursuant to subsection 2,
the Department of Education shall review the application jointly with the
Budget Division of the Department of Administration and the Legislative
Bureau of Educational Accountability and Program Evaluation. The
Department of Education shall transmit the application to the State Board
of Examiners with the recommendation of the Department of Education
concerning the allocation of money based upon each application so
received. The State Board of Examiners, or the Clerk of the Board if
authorized by the Board to act on its behalf, shall consider each such
application and, if it finds that an allocation should be made, recommend
the amount of the allocation to the Interim Finance Committee. The Interim
Finance Committee shall consider each such recommendation, but is not
bound to follow the recommendation of the State Board of Examiners when
determining the allocation to be received by a school.
4. In determining the amount of the allocation, the State Board of
Examiners and the Interim Finance Committee shall consider:
(a) The total number of pupils enrolled in the school who failed to
demonstrate at least adequate achievement on the examinations
administered pursuant to NRS 389.015; and
(b) The financial need of the particular school.
5. A school that receives an allocation of money pursuant to subsection
3 shall use the money to:
(a) Pay the costs incurred by the school in providing the program of
remedial study required by NRS 385.389. The money must first be applied
to those pupils who the school determines are performing at a level which
poses the highest risk of failure.
(b) Pay for the salaries, training or other compensation of teachers and
other educational personnel to provide the program of remedial study,
instructional materials required for the remedial study, equipment necessary
to offer the program of remedial study and all other additional operating
costs attributable to the program of remedial study.
(c) Supplement and not replace the money the school would otherwise
expend for programs of remedial study.
6. Before a school amends a plan for expenditure of an allocation of
money received pursuant to subsection 3, the school district must submit
the proposed amendment to the Department of Education to receive joint
approval from the Department of Education, the Budget Division of the
Department of Administration and the Legislative Bureau of Educational
Accountability and Program Evaluation, or the Interim Finance Committee.
7. The sums authorized for expenditure in subsection 1 are available
for either fiscal year. Any remaining balance of those sums must not be
committed for expenditure after June 30, 2001, and reverts to the state
distributive school account as soon as all payments of money committed
have been made.
Sec. 19. 1. The Department of Education is hereby authorized to
allocate from the state distributive school account the following sums for
remedial education programs or tutoring for pupils who need additional
instructional time in order to pass or to reach a level considered proficient.
Programs funded under this section must be conducted before or after
school, on weekends, during the summer or between sessions in schools
with year-round school calendars.
The money allocated must be used to provide remedial education programs
or tutoring programs that have been approved by the Department as being
effective in improving pupil achievement.
2. To receive an allocation from the amounts authorized in subsection
1, a school district must submit a written plan for providing remedial
instruction or tutoring. The written plan must include:
(a) The estimated number of pupils that will participate in the remedial
program;
(b) The curriculum that will be taught;
(c) A schedule of the course work or tutoring to be conducted under the
remedial program;
(d) A plan for evaluating the effectiveness of the remedial program; and
(e) A budget for the program.
3. Upon receipt of such an application, the Department of Education
shall review the application jointly with the Budget Division of the
Department of Administration and the Legislative Bureau of Educational
Accountability and Program Evaluation. The Department of Education
shall transmit the application to the State Board of Examiners with the
recommendation of the Department concerning the allocation of money
based upon each application so received. The State Board of Examiners, or
the Clerk of the Board if authorized by the Board to act on its behalf, shall
consider each such application and, if it finds that an allocation should be
made, recommend the amount of the allocation to the Interim Finance
Committee. The Interim Finance Committee shall consider each such
recommendation, but is not bound to follow the recommendation of the
State Board of Examiners when determining the allocation to be received
by a school district.
4. A school that receives an allocation of money pursuant to subsection
3 shall use the money to:
(a) Pay the costs incurred by the school in providing the program of
remedial study required by NRS 385.389. The money must first be applied
to those pupils who the school determines are performing at a level which
poses the highest risk of failure.
(b) Pay for the salaries, training or other compensation of teachers and
other educational personnel to provide the program of remedial study,
instructional materials required for the remedial study, equipment necessary
to offer the program of remedial study and all other additional operating
costs attributable to the program of remedial study.
(c) Supplement and not replace the money the school would otherwise
expend for programs of remedial study.
5. The sums authorized for expenditure in subsection 1 are available
for either fiscal year. Any remaining balance of those sums must not be
committed for expenditure after June 30, 2001, and reverts to the state
distributive school account as soon as all payments of money committed
have been made.
Sec. 20. 1. The Department of Education is hereby authorized to
transfer the following sums from the state distributive school account to
develop or purchase and to score the examinations required to be
administered statewide to measure the achievement of pupils in standards
of content and performance, commencing in the 2000-2001 school year:
On or before December 1, 2000, the State Board of Education shall,
pursuant to the recommendations of the Council to Establish Academic
Standards for Public Schools, develop or purchase examinations that
measure the achievement and proficiency of pupils in grades 3 and 5 on the
standards of content and performance established by the Council for
English and mathematics. The examinations must be scored by a single
entity, the Department of Education or a school district on behalf of the
other school districts.
2. The examinations must be administered to all pupils who are
required to take such examinations, pursuant to section 24 of Senate Bill
No. 466 of this session, commencing in the spring semester of 2001. In the
first year that the examinations are administered, the results of the
examinations must be used solely to gather information and data
concerning the examinations. The examinations or test questions to be used
in the examinations must be tested in a pilot project in the Spring of 2000.
3. The State Board of Education shall adopt regulations that require the
board of trustees of each school district and the governing body of each
charter school to submit to the Superintendent of Public Instruction, the
Department of Education, the Council to Establish Academic Standards for
Public Schools and the Legislative Bureau of Educational Accountability
and Program Evaluation, in the form and manner prescribed by the
superintendent, the results of the examinations administered pursuant to this
section. The State Board shall not include in the regulations any provision
that would violate the confidentiality of the test scores of an individual
4. The board of trustees of each school district shall review the results
of the examinations administered pursuant to subsection 2 to pupils
enrolled in public schools within the school district. Based upon such a
review, the board of trustees of each school district shall:
(a) Identify the need, if any, for the acquisition of the knowledge and
skills required of teachers to teach pupils the subjects relating to the
standards of content and performance.
(b) Recommend programs for the acquisition of the knowledge and
skills by teachers, as identified by the review.
(c) Review the curriculum of the school regarding the standards of
content and performance.
5. The sums authorized for expenditure in subsection 1 are available
for either fiscal year. Any remaining balance of those sums must not be
committed for expenditure after June 30, 2001, and reverts to the state
distributive school account as soon as all payments of money committed
have been made.
Sec. 21. 1. The Department of Education is hereby authorized to
transfer the following sums from the state distributive school account to
contract with a nationally recognized testing company to take over the
development, printing, administration and scoring of the high school
proficiency examination required by NRS 389.015:
2. The standards established by the Council to Establish Academic
Standards for Public Schools and adopted by the State Board of Education
in August of 1998 must be phased into the high school proficiency
examination as new forms are prepared. The examinations, or test questions
to be used in the examinations, must be tested in a pilot project in the Fall
of 2000.
3. Beginning in school year 2001-2002, the high school proficiency
examination required by subsection 6 of NRS 389.015, which pupils must
pass to receive a standard high school diploma, must measure pupils’
performance on the standards of content and performance adopted by the
State Board of Education in August of 1998. The high school proficiency
examination covering the academic standards must be administered to
pupils in grade 11 in the school year 2001-2002, who must pass the
examination before the end of grade 12 to receive a standard diploma in
school year 2002-2003. Pupils who graduate from high school in school
year 2001-2002 must pass the preceding year’s high school proficiency
examination.
4. The examinations must be scored by a single private entity, the
Department of Education or a school district on behalf of the other school
districts.
5. In the first year that the examinations are administered, the results of
the examinations must be used solely to gather information and data
concerning the examinations. The State Board of Education shall adopt
regulations that require the board of trustees of each school district and the
governing body of each charter school to submit to the Superintendent of
Public Instruction, the Department of Education, the Council to Establish
Academic Standards for Public Schools and the Legislative Bureau of
Educational Accountability and Program Evaluation, in the form and
manner prescribed by the superintendent, the results of the examinations
administered pursuant to this section. The State Board of Education shall
not include in the regulations any provision that would violate the
confidentiality of the test scores of an individual pupil.
6. The board of trustees of each school district shall review the results
of examinations administered pursuant to subsection 3 to pupils enrolled in
public schools within the school district. Based upon such a review, the
board of trustees of each school district shall:
(a) Identify the need, if any, for the acquisition of the knowledge and
skills required of teachers to teach pupils the subjects relating to the
standards of content and performance.
(b) Recommend programs for the acquisition of the knowledge and
skills by teachers, as identified by the review.
(c) Review the curriculum of the school regarding the standards of
content and performance.
7. The sums authorized for expenditure in subsection 1 are available
for either fiscal year with the approval of the Interim Finance Committee.
Any remaining balance of those sums must not be committed for
expenditure after June 30, 2001, and reverts to the state distributive school
account as soon as all payments of money committed have been made.
Sec. 22. Section 4 of chapter 333, Statutes of Nevada 1997, at page
1229, is hereby amended to read as follows:
Sec. 4. 1. An advisory committee for the statewide
automated system of information concerning pupils is hereby
created. The advisory committee consists of:
(a) One representative of each school district, appointed by the
board of trustees.
(b) Two representatives of the state board of education,
appointed by the president of the board.
(c) One representative of the budget division of the department
of administration, appointed by the chief of the budget division.
Sec. 23. 1. The Department of Education is hereby authorized to
transfer from the state distributive school account to the Clark County
School District in each fiscal year of the 1999-2001 biennium the following
sums for the continued implementation and maintenance of a statewide
automated system of information concerning pupils pursuant to NRS
386.650:
For fiscal year 1999-2000 $1,700,000
For fiscal year 2000-2001 $1,700,000
2. The money allocated to the Clark County School District must be
used for the purchase of hardware, networking and software for information
relating to pupils, and training and other related services that are
nonrecurring, including, without limitation, assistance in the integration of
the statewide automated system of information concerning pupils. The
allocations made by subsection 1 must be used in accordance with the
program established by the school districts for the statewide automated
system of information concerning pupils pursuant to NRS 386.650.
3. To receive money pursuant to subsection 1, the Board of Trustees of
the Clark County School District shall enter into a written agreement with
the Department of Education. The written agreement must prescribe the
duties of the school district and the Department of Education in continuing
to implement and maintain the statewide automated system of information
concerning pupils. The Clark County School District shall not use the
(a) Settle or arbitrate disputes or negotiate settlements between an
organization that represents employees of the school district and the school
district; or
(b) Adjust the schedules of salaries and benefits of the employees of the
school district, excluding any overtime costs incurred by an employee of
the school district while working on the establishment and maintenance of
the statewide automated system of information concerning pupils.
4. The Department of Education is hereby authorized to spend
$300,000 from the state distributive school account in each year of the
1999-2001 biennium in the following manner:
(a) Contractual services that are necessary to plan, install and evaluate
hardware and software and provide technical assistance for the statewide
automated system of information concerning pupils; and
(b) The payment of the per diem allowances and travel expenses for the
nonlegislative members of the advisory committee for the statewide
automated system of information concerning pupils created pursuant to
section 4 of chapter 333, Statutes of Nevada 1997.
5. The sums authorized for expenditure in subsection 1 are available
for either fiscal year. Any remaining balance of those sums must not be
committed for expenditure after June 30, 2001, and reverts to the state
distributive school account as soon as all payments of money committed
have been made.
6. The Superintendent of Public Instruction shall, during the 1999
-2001 biennium, report semiannually to the Interim Finance Committee and
annually to the Legislative Committee on Education concerning the
expenditures described in subsections 2 and 4 of this section.
7. The Department of Education shall, on or before February 15, 2001,
provide a report to the 71st session of the Nevada Legislature which
includes all expenditures described in sections 2 and 4 of this section.
8. For the purposes of carrying out the provisions of this section, the
Department of Education is not subject to the provisions of chapter 233F or
242 of NRS.
Sec. 24. 1. The Department of Education is hereby authorized to
spend the following amounts from the state distributive school account
during the 1999-2001 biennium:
(a) For the Commission on Educational Technology to grant to local
school districts for schools that were unable to reach the minimal level of
educational technology for the classroom or computer laboratory
recommended by the Commission, $1,300,000 for fiscal year 1999-2000
and $1,400,000 for fiscal year 2000-2001.
(b) For the Commission on Educational Technology to grant to school
libraries for licenses to access research databases and other on-line
resources appropriate for pupils, $500,000 in fiscal year 1999-2000.
(c) For the Commission on Educational Technology to grant to local
school districts to pay for maintenance contracts for software, $500,000 in
fiscal year 1999-2000 and $500,000 in fiscal year 2000-2001.
(d) For transfer to the Clark County School District to continue
implementing the uniform, statewide satellite downlink project, $400,000
in fiscal year 1999-2000 and $400,000 in fiscal year 2000-2001.
(e) For the school to careers program to provide base-level grants of
$25,000 to each school district and institution of higher education within
the University and Community College System, with the remaining funds
allocated among the school districts on a per-pupil basis, $1,000,000 in
fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-2001.
(f) For grants to school districts and community-based organizations for
early childhood education and family literacy programs for pre-school
children and their parents, $500,000 in fiscal year 1999-2000 and $500,000
in fiscal year 2000-2001.
2. Except for paragraph (b) of subsection 1, the sums authorized for
expenditure in subsection 1 are available for either fiscal year. Any
remaining balance of those sums must not be committed for expenditure
after June 30, 2001, and reverts to the state distributive school account as
soon as all payments of money committed have been made.
Sec. 25. The sums appropriated or authorized in sections 16 to 21,
inclusive, and sections 23 and 24 of this act:
1. Must be accounted for separately from any other money received by
the school districts of this state and used only for the purposes specified in
the applicable section of this act.
2. May 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.
3. May not be used to adjust the district-wide schedules of salaries and
benefits of the employees of a school district.
Sec. 26. The Department of Education is hereby authorized to spend
from the state distributive school account the sum of $3,687,525 to be
apportioned among the school districts for the fiscal year 1999-2000 in the
amounts listed below to replace the revenue from the tax on net proceeds of
minerals that will be collected during fiscal year 1999-2000 but are,
pursuant to sections 3 and 4 of this act, reserved for expenditure in fiscal
year 2000-2001:
Payment for Tax
on Net Proceeds
School District of Minerals
Carson City $ 0
Churchill $30,000
Clark $42,000
Douglas $300
Elko $975,000
Esmeralda $4,500
Eureka $900,000
Humboldt $26,25
Lander $1,275,000
Lincoln $375
Lyon $975
Mineral $7,500
Nye $142,500
Pershing $195,000
Storey $4,500
Washoe $4,875
White Pine $78,750
$3,687,525
For the fiscal year 1999-2000, the sums apportioned to each school district
shall be considered as the portion of the tax of 75 cents on each $100 of
assessed valuation of taxable property within the county for the support of
public schools within the county school district which is attributable to the
school districts’ share of the tax on net proceeds of minerals.
Sec. 27. Beginning on July 1, 1999, estate tax receipts must be
deposited into the fund for school improvement and an amount not to
exceed $13,891,737 must be transferred from the fund for school
improvement to the state distributive school account in each fiscal year of
the 1999-2001 biennium.
Sec. 28. Section 55 of chapter 473, Statutes of Nevada 1997, at page
1784, is hereby amended to read as follows:
Sec. 55. 1. There is hereby appropriated from the state
general fund to the department of education for the fiscal year 1998-
1999
(a) The sum of
the department of education for developing, writing and printing the
examinations required of pupils pursuant to paragraph (b) of
subsection 4 of section 45 of
Nevada 1997; and
(b) The sum of $70,000 to pay the costs incurred by the
department of education for writing test questions and developing
additional forms for the high school proficiency examination
required by NRS 389.015.
2. Any remaining balance of the
made by subsection 1 must not be committed for expenditure after
June 30, 1999, and reverts to the state general fund as soon
as allpayments of money committed have been made.
Sec. 29. Each school district shall expend the revenue made available
through this act, as well as other revenue from state, local and federal
sources, in a manner that is designed to attain the goals of the Legislature
regarding educational reform in this state, especially with regard to
assisting pupils in need of remediation and pupils who are not proficient in
Sec. 30. 1. Section 28 of this act becomes effective upon passage
and approval.
2. This section and the remaining sections of this act become effective
on July 1, 1999.
~