exempt

                                            (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 221–Committee on Education

 

(On Behalf of Legislative Committee on Education)

 

February 22, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Authorizes expenditures from state distributive school account for certain remedial and tutoring programs. (BDR S‑216)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; authorizing the Department of Education to spend from the state distributive school account money for programs of remedial study and tutoring for allocation to certain schools and school districts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. 1.  The Department of Education is hereby authorized to

1-2  spend the following sums from the state distributive school account for

1-3  programs of remedial study for schools that have been designated as

1-4  demonstrating need for improvement and certain other schools:

1-5  For the fiscal year 2001-2002........... $7,075,629

1-6  For the fiscal year 2002-2003........... $7,371,199

1-7  The money allocated pursuant to this section must be used to provide

1-8  programs of remedial study that have been approved by the Department of

1-9  Education as being effective in improving pupil achievement.

1-10    2.  A school may submit an application to the Department of Education

1-11  for transmission to the State Board of Examiners for an allocation from the

1-12  amount authorized by subsection 1 if the school:

1-13    (a) Receives a designation as demonstrating need for improvement

1-14  pursuant to NRS 385.367.

1-15    (b) Did not receive a designation because the school had too few pupils

1-16  enrolled in a grade level that is tested pursuant to NRS 389.015, but the test

1-17  scores of the pupils indicate that the school would have received a

1-18  designation as demonstrating need for improvement.

2-1    (c) Receives a designation as demonstrating adequate achievement, but

2-2  more than 40 percent of the pupils enrolled in the school received an

2-3  average score below the 26th percentile on one or more of the four subjects

2-4  tested pursuant to NRS 389.015.

2-5    (d) Was designated as demonstrating need for improvement pursuant to

2-6  NRS 385.367 in the immediately preceding school year.

2-7    3.  The Department of Education shall, in consultation with the Budget

2-8  Division of the Department of Administration and the Legislative Bureau

2-9  of Educational Accountability and Program Evaluation, develop a form for

2-10  such applications. The form must include, without limitation, a notice that

2-11  if money is authorized for programs of remedial study for the 2003-2005

2-12  biennium by the 72nd session of the Nevada Legislature, a school that:

2-13    (a) Receives a designation as demonstrating adequate achievement;

2-14    (b) Has received an allocation for programs of remedial study for the

2-15  immediately preceding 2 years; and

2-16    (c) Applies for an allocation for a third consecutive year,

2-17  may be required to match the allocation equally with other money available

2-18  to the school.

2-19    4.  Upon receipt of an application submitted pursuant to subsection 2,

2-20  the Department of Education shall review the application jointly with the

2-21  Budget Division of the Department of Administration and the Legislative

2-22  Bureau of Educational Accountability and Program Evaluation. The

2-23  Department of Education shall transmit the application to the State Board

2-24  of Examiners with the recommendation of the Department of Education

2-25  concerning the allocation of money based upon each application so

2-26  received. The State Board of Examiners, or the Clerk of the Board if

2-27  authorized by the Board to act on its behalf, shall consider each such

2-28  application and, if it finds that an allocation should be made, recommend

2-29  the amount of the allocation to the Interim Finance Committee. The Interim

2-30  Finance Committee shall consider each such recommendation, but is not

2-31  bound to follow the recommendation of the State Board of Examiners

2-32  when determining the allocation to be received by a school.

2-33    5.  In determining the amount of the allocation, the State Board of

2-34  Examiners and the Interim Finance Committee shall consider:

2-35    (a) The total number of pupils enrolled in the school who failed to

2-36  demonstrate at least adequate achievement on the examinations

2-37  administered pursuant to NRS 389.015;

2-38    (b) The number of subjects tested pursuant to NRS 389.015 on which

2-39  more than 40 percent of the pupils enrolled in the school received an

2-40  average score below the 26th percentile; and

2-41    (c) The financial need of the particular school.

2-42    6.  In addition to the considerations set forth in subsection 5, in

2-43  determining whether to approve an application for a school that has

2-44  received an allocation in the immediately preceding year and in

2-45  determining the amount of the allocation for such a school, the State Board

2-46  of Examiners and the Interim Finance Committee shall consider whether

2-47  the school has carried out the program of remedial study for which it

2-48  received an allocation in a successful manner, as measured by the academic

2-49  achievement of the pupils enrolled in the school on the examinations

3-1  administered pursuant to NRS 389.015 and any assessments related to the

3-2  program of remedial study.

3-3    7.  A school that receives an allocation of money pursuant to this

3-4  section shall use the money to:

3-5    (a) Pay the costs incurred by the school in providing the program of

3-6  remedial study required by NRS 385.389. The money must first be applied

3-7  to those pupils who the school determines are performing at a level which

3-8  poses the highest risk of failure.

3-9    (b) Pay for the salaries, training or other compensation of teachers and

3-10  other educational personnel to provide the program of remedial study,

3-11  instructional materials required for the program of remedial study,

3-12  equipment necessary to offer the program of remedial study and all other

3-13  additional operating costs attributable to the program of remedial study.

3-14    (c) Supplement and not replace the money the school would otherwise

3-15  expend for programs of remedial study.

3-16    8.  Before a school amends a plan for expenditure of an allocation of

3-17  money received pursuant to this section, the school district in which the

3-18  school is located must submit the proposed amendment to the Department

3-19  of Education to receive approval from the Department of Education, the

3-20  Budget Division of the Department of Administration and the Legislative

3-21  Bureau of Educational Accountability and Program Evaluation, or the

3-22  Interim Finance Committee.

3-23    9.  The sums authorized for expenditure in subsection 1 are available

3-24  for either fiscal year. Any remaining balance of those sums must not be

3-25  committed for expenditure after June 30, 2003, and reverts to the state

3-26  distributive school account as soon as all payments of money committed

3-27  have been made.

3-28    Sec. 2.  1.  The Department of Education is hereby authorized to

3-29  allocate from the state distributive school account the following sums for

3-30  programs of remedial education or tutoring for pupils who need additional

3-31  instructional time to pass or to reach a level considered proficient:

3-32  For the fiscal year 2001-2002.......... $1,000,000

3-33  For the fiscal year 2002-2003.......... $1,000,000

3-34  Programs funded under this section must be conducted before or after

3-35  school, on weekends, during the summer or between sessions in schools

3-36  with year-round school calendars.

3-37    2.  To receive an allocation from the amounts authorized in subsection

3-38  1, a school district must submit an application containing a written plan for

3-39  providing a program of remedial education or tutoring. The written plan

3-40  must include:

3-41    (a) The estimated number of pupils that will participate in the program;

3-42    (b) The curriculum that will be taught;

3-43    (c) A schedule of the course work or tutoring to be conducted under the

3-44  program;

3-45    (d) A plan for evaluating the effectiveness of the program; and

3-46    (e) A budget for the program.

3-47    3.  Upon receipt of an application submitted pursuant to subsection 2,

3-48  the Department of Education shall review the application jointly with the

3-49  Budget Division of the Department of Administration and the Legislative

4-1  Bureau of Educational Accountability and Program Evaluation. The

4-2  Department of Education shall transmit the application to the State Board

4-3  of Examiners with the recommendation of the Department of Education

4-4  concerning the allocation of money based upon each application so

4-5  received. The State Board of Examiners, or the Clerk of the Board if

4-6  authorized by the Board to act on its behalf, shall consider each such

4-7  application and, if it finds that an allocation should be made, recommend

4-8  the amount of the allocation to the Interim Finance Committee. The Interim

4-9  Finance Committee shall consider each such recommendation, but is not

4-10  bound to follow the recommendation of the State Board of Examiners

4-11  when determining the allocation to be received by a school district.

4-12    4.  A school district that receives an allocation of money pursuant to

4-13  this section shall use the money to:

4-14    (a) Provide a program of remedial education or tutoring that has been

4-15  approved by the Department of Education as being effective in improving

4-16  pupil achievement.

4-17    (b) Pay the costs incurred by the school district in providing the

4-18  program of remedial education or tutoring. The money must first be

4-19  applied to those pupils who the school district determines are performing at

4-20  a level which poses the highest risk of failure.

4-21    (c) Pay for the salaries, training or other compensation of teachers and

4-22  other educational personnel to provide the program of remedial education

4-23  or tutoring, instructional materials required for the program, equipment

4-24  necessary to offer the program and all other additional operating costs

4-25  attributable to the program.

4-26    (d) Supplement and not replace the money the school would otherwise

4-27  expend for programs of remedial education or tutoring.

4-28    5.  Before a school district amends a plan for expenditure of an

4-29  allocation of money received pursuant to this section, the school district

4-30  must submit the proposed amendment to the Department of Education to

4-31  receive approval from the Department of Education, the Budget Division

4-32  of the Department of Administration and the Legislative Bureau of

4-33  Educational Accountability and Program Evaluation, or the Interim

4-34  Finance Committee.

4-35    6.  The sums authorized for expenditure in subsection 1 are available

4-36  for either fiscal year. Any remaining balance of those sums must not be

4-37  committed for expenditure after June 30, 2003, and reverts to the state

4-38  distributive school account as soon as all payments of money committed

4-39  have been made.

4-40    Sec. 3.  This act becomes effective on July 1, 2001.

 

4-41  H