Assembly Bill No. 409–Assemblymen Manendo, Anderson, Ohrenschall, Gibbons, Williams, Arberry, Bache, Buckley, Chowning, Claborn, Collins, de Braga, Freeman, Giunchigliani, Goldwater, Koivisto, Lee, Leslie, McClain, Neighbors, Oceguera, Parks, Perkins and Price

 

March 16, 2001

____________

 

Referred to Concurrent Committees on Education
and Ways and Means

 

SUMMARY—Makes various changes regarding education and educational personnel. (BDR 34‑301)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

CONTAINS UNFUNDED MANDATE (§§ 1-6, 18)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to education; revising provisions governing the increase in salary for a teacher who is certified by the National Board for Professional Teaching Standards; revising provisions governing the budgets for school districts; prescribing a pupil-teacher ratio for the fourth grade; making appropriations for special education; authorizing expenditures from the state distributive account for programs of remedial study; making appropriations for educational technology; making appropriations for the employment of school nurses and school psychologists; making an appropriation for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards; making an appropriation for school districts to provide programs to pupils who have limited proficiency in the English language; 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.  NRS 387.303 is hereby amended to read as follows:

   387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the superintendent of public instruction and the department of taxation a report which includes the following information:

   (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

   (b) The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

   (c) The average daily attendance for the preceding school year and the estimated average daily attendance for the current school year of part-time pupils enrolled in courses which are approved by the department as meeting the requirements for an adult to earn a high school diploma.

   (d) The school district’s actual expenditures in the fiscal year immediately preceding the report. The report must specifically set forth the actual expenditures for programs and courses of study in art, music and physical education.

   (e) The school district’s proposed expenditures for the current fiscal year.

   (f) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the superintendent of public instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

   (g) The number of teachers who received an increase in salary pursuant to subsection 2 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the superintendent of public instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

   (h) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

   (i) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

   (j) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

   2.  On or before November 25 of each year, the superintendent of public instruction shall submit to the department of administration and the

fiscal analysis division of the legislative counsel bureau, in a format approved by the director of the department of administration, a compilation of the reports made by each school district pursuant to subsection 1.

   3.  The superintendent of public instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the school districts with the apportionment received by those districts from the state distributive school account for the preceding year.

   Sec. 2.  NRS 387.304 is hereby amended to read as follows:

   387.304  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,] 3 and 4, 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] :

   (a) Consult with the superintendent of schools of each school district or a person designated by the superintendent.

   (b) Ensure that the amount requested for each school district is adjusted based upon the percentage of inflation or deflation for textbooks, library books and supplies and materials relating to instruction. The Consumer Price Index published by the United States Department of Labor for July preceding each biennium must be used in determining the percentage of inflation or deflation.

   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.  NRS 388.700 is hereby amended to read as follows:

   388.700  1.  Except as otherwise provided in subsections 2, 3 and 6, after the last day of the first month of the school year, the ratio in each school district of pupils per class in [kindergarten] :

   (a) Kindergarten and grades 1, 2 and 3 per licensed teacher designated to teach those classes full time must not exceed 15 to 1 in classes where core curriculum is taught.

   (b) Grade 4 per licensed teacher designated to teach those classes full time must not exceed 22 to 1 in classes where core curriculum
is taught.

In determining this ratio, all licensed educational personnel who teach kindergarten or grade 1, 2 , [or] 3 or 4 must be counted except teachers of art, music, physical education or special education, counselors, librarians, administrators, deans and specialists.

   2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.

   3.  The state board may grant to a school district a variance from the limitation on the number of pupils per class set forth in subsection 1 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

   4.  The state board shall, on or before February 1 of each odd-numbered year, report to the legislature on:

   (a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.

   (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in kindergarten and grades 1, 2 [and 3.] , 3 and 4.

   5.  The department shall, on or before November 15 of each year, report to the chief of the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau:

   (a) The number of teachers employed;

   (b) The number of teachers employed in order to attain the ratio required by subsection 1;

   (c) The number of pupils enrolled; and

   (d) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

during the current school year in kindergarten and grades 1, 2 [and 3] , 3 and 4 for each school district.

   6.  The provisions of this section do not apply to a charter school.

   Sec. 4.  NRS 388.710 is hereby amended to read as follows:

   388.710  1.  The state board, in consultation with the trustees of the school districts and the recognized associations representing licensed educational personnel, after receiving comments from the general public, shall determine the data that must be monitored by each school district and used to measure the effectiveness of the implementation of the plan developed by each school district to reduce the pupil-teacher ratio per class in kindergarten and grades 1, 2 [and 3.] , 3 and 4.

   2.  Each school district shall report the data to the state board as required by the state board.

   Sec. 5.  NRS 388.720 is hereby amended to read as follows:

   388.720  Each school district together with the recognized associations representing licensed educational personnel shall develop a plan to reduce the district’s pupil-teacher ratio per class in kindergarten and grades 1, 2 [and 3] , 3 and 4 within the limits of available financial support specifically set aside for this purpose and submit that plan to the state board.

   Sec. 6.  NRS 391.160 is hereby amended to read as follows:

   391.160  1.  The salaries of teachers and other employees must be determined by the character of the service required. A school district shall not discriminate between male and female employees in the matter of salary.

   2.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for his classification on the schedule of salaries for the school district if:

   (a) On or before [September 15] January 31 of the school year, the teacher has submitted evidence satisfactory to the school district of his current certification; and

   (b) The teacher is assigned by the school district to provide classroom instruction during that school year.

No increase in salary may be given during a particular school year to a teacher who submits evidence of certification after [September 15] January 31 of that school year. For the first school year that a teacher submits evidence of his current certification, the board of trustees of the school district to whom the evidence was submitted shall pay the increase in salary required by this subsection retroactively to the beginning of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this subsection is in addition to any other increase to which the teacher may otherwise be entitled.

   3.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this state, the present employer shall, except as otherwise provided in subsection 5:

   (a) Give the teacher the same credit for previous teaching service as he was receiving from his former employer at the end of his former employment; and

   (b) Give the teacher credit for his final year of service with his former employer, if credit for that service is not included in credit given pursuant to paragraph (a).

   4.  A school district may give the credit required by subsection 3 for previous teaching service earned in another state if the commission has approved the standards for licensing teachers of that state. The commission shall adopt regulations that establish the criteria by which the commission will consider the standards for licensing teachers of other states for the

purposes of this subsection. The criteria may include, without limitation, whether the commission has authorized reciprocal licensure of educational personnel from the state under consideration.

   5.  This section does not:

   (a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.

   (b) Permit a school district to deny a teacher credit for his previous teaching service on the ground that the service differs in kind from the teaching experience for which credit is otherwise given by the school district.

   6.  As used in this section, “previous teaching service” means the total of:

   (a) Any period of teaching service for which a teacher received credit from his former employer at the beginning of his former employment; and

   (b) His period of teaching service in his former employment.

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

1-2  to the state distributive school account for special education program units

1-3  for charter schools:

1-4    For the fiscal year 2001-2002................. $802,215

1-5    For the fiscal year 2002-2003.............. $1,091,000

1-6    2.  The superintendent of public instruction shall allocate the money

1-7  appropriated by subsection 1 for special education program units to charter

1-8  schools that provide special education to pupils with disabilities in

1-9  accordance with NRS 388.440 to 388.520, inclusive.

1-10    3.  The sums appropriated by subsection 1 are available for either fiscal

1-11  year. Any balance of those sums must not be committed for expenditure

1-12  after June 30, 2003, and reverts to the state general fund as soon as all

1-13  payments of money committed have been made.

1-14    Sec. 8.  1.  There is hereby appropriated from the state general fund

1-15  to the state distributive school account for additional funding of special

1-16  education program units:

1-17    For the fiscal year 2001-2002............ $15,170,385

1-18    For the fiscal year 2002-2003............ $32,098,371

1-19    2.  The money appropriated by subsection 1:

1-20    (a) Is in addition to the amount of money otherwise appropriated for

1-21  special education program units.

1-22    (b) Must be allocated by the superintendent of public instruction to

1-23  school districts in proportion to the amount of money otherwise received

1-24  by each school district for special education program units.

1-25    3.  The sums appropriated by subsection 1 are available for either fiscal

1-26  year. Any balance of those sums must not be committed for expenditure

1-27  after June 30, 2003, and reverts to the state general fund as soon as all

1-28  payments of money committed have been made.

1-29    Sec. 9.  1.  There is hereby appropriated from the state general fund

1-30  to the state distributive school account to pay for the reductions in the

1-31  number of special education cases per teacher:

1-32    For the fiscal year 2001-2002.............. $4,011,075

1-33    For the fiscal year 2002-2003.............. $4,364,000

2-1    2.  The money appropriated by subsection 1 must be allocated by the

2-2  superintendent of public instruction to school districts to pay for the

2-3  reductions in the number of special education cases per teacher as set forth

2-4  in the revised adopted regulation of the state board of education, LCB File

2-5  No. R027-00, which became effective on July 1, 2000.

2-6    3.  The sums appropriated by subsection 1 are available for either fiscal

2-7  year. Any balance of those sums must not be committed for expenditure

2-8  after June 30, 2003, and reverts to the state general fund as soon as all

2-9  payments of money committed have been made.

2-10    Sec. 10.  1.  The department of education is hereby authorized to

2-11  spend the following sums from the state distributive school account for

2-12  programs of remedial study for schools that have been designated as

2-13  demonstrating need for improvement and certain other schools:

2-14    For the fiscal year 2001-2002.............. $7,982,712

2-15    For the fiscal year 2002-2003.............. $7,982,712

2-16  The money allocated pursuant to this section must be used to provide

2-17  programs of remedial study that have been approved by the department of

2-18  education as being effective in improving pupil achievement.

2-19    2.  A school may submit an application to the department of education

2-20  for transmission to the state board of examiners for an allocation from the

2-21  amount authorized by subsection 1 if the school:

2-22    (a) Receives a designation as demonstrating need for improvement

2-23  pursuant to NRS 385.367.

2-24    (b) Did not receive a designation because the school had too few pupils

2-25  enrolled in a grade level that is tested pursuant to NRS 389.015, but the test

2-26  scores of the pupils indicate that the school would have received a

2-27  designation as demonstrating need for improvement.

2-28    (c) Receives a designation as demonstrating adequate achievement, but

2-29  more than 40 percent of the pupils enrolled in the school received an

2-30  average score below the 26th percentile on one or more of the four subjects

2-31  tested pursuant to NRS 389.015.

2-32    (d) Was designated as demonstrating need for improvement pursuant to

2-33  NRS 385.367 in the immediately preceding school year.

2-34    3.  The department of education shall, in consultation with the budget

2-35  division of the department of administration and the legislative bureau of

2-36  educational accountability and program evaluation, develop a form for

2-37  such applications. The form must include, without limitation, a notice that

2-38  if money is authorized for programs of remedial study for the 2003-2005

2-39  biennium by the 72nd session of the Nevada Legislature, a school that:

2-40    (a) Receives a designation as demonstrating adequate achievement;

2-41    (b) Has received an allocation for programs of remedial study for the

2-42  immediately preceding 2 years; and

2-43    (c) Applies for an allocation for a third consecutive year,

2-44  may be required to match the allocation equally with other money available

2-45  to the school.

2-46    4.  Upon receipt of an application submitted pursuant to subsection 2,

2-47  the department of education shall review the application jointly with the

2-48  budget division of the department of administration and the legislative

2-49  bureau of educational accountability and program evaluation. The

3-1  department of education shall transmit the application to the state board of

3-2  examiners with the recommendation of the department of education

3-3  concerning the allocation of money based upon each application so

3-4  received. The state board of examiners, or the clerk of the board if

3-5  authorized by the board to act on its behalf, shall consider each such

3-6  application and, if it finds that an allocation should be made, recommend

3-7  the amount of the allocation to the interim finance committee. The interim

3-8  finance committee shall consider each such recommendation, but is not

3-9  bound to follow the recommendation of the state board of examiners when

3-10  determining the allocation to be received by a school.

3-11    5.  In determining the amount of the allocation, the state board of

3-12  examiners and the interim finance committee shall consider:

3-13    (a) The total number of pupils enrolled in the school who failed to

3-14  demonstrate at least adequate achievement on the examinations

3-15  administered pursuant to NRS 389.015;

3-16    (b) The number of subjects tested pursuant to NRS 389.015 on which

3-17  more than 40 percent of the pupils enrolled in the school received an

3-18  average score below the 26th percentile; and

3-19    (c) The financial need of the particular school.

3-20    6.  In addition to the considerations set forth in subsection 5, in

3-21  determining whether to approve an application for a school that has

3-22  received an allocation in the immediately preceding year and in

3-23  determining the amount of the allocation for such a school, the state board

3-24  of examiners and the interim finance committee shall consider whether the

3-25  school has carried out the program of remedial study for which it received

3-26  an allocation in a successful manner, as measured by the academic

3-27  achievement of the pupils enrolled in the school on the examinations

3-28  administered pursuant to NRS 389.015 and any assessments related to the

3-29  program of remedial study.

3-30    7.  A school that receives an allocation of money pursuant to this

3-31  section shall use the money to:

3-32    (a) Pay the costs incurred by the school in providing the program of

3-33  remedial study required by NRS 385.389. The money must first be applied

3-34  to those pupils who the school determines are performing at a level which

3-35  poses the highest risk of failure.

3-36    (b) Pay for the salaries, training or other compensation of teachers and

3-37  other educational personnel to provide the program of remedial study,

3-38  instructional materials required for the program of remedial study,

3-39  equipment necessary to offer the program of remedial study and all other

3-40  additional operating costs attributable to the program of remedial study.

3-41    (c) Supplement and not replace the money the school would otherwise

3-42  expend for programs of remedial study.

3-43    8.  Before a school amends a plan for expenditure of an allocation of

3-44  money received pursuant to this section, the school district in which the

3-45  school is located must submit the proposed amendment to the department

3-46  of education to receive approval from the department of education, the

3-47  budget division of the department of administration and the legislative

3-48  bureau of educational accountability and program evaluation, or the interim

3-49  finance committee.

4-1    9.  The sums appropriated by subsection 1 are available for either fiscal

4-2  year. Any balance of those sums must not be committed for expenditure

4-3  after June 30, 2003, and reverts to the state distributive school account as

4-4  soon as all payments of money committed have been made.

4-5    Sec. 11.  1.  There is hereby appropriated from the state general fund

4-6  to the commission on educational technology created by NRS 388.790 the

4-7  sum of $84,818,230 for educational technology.

4-8    2.  The commission on educational technology shall allocate the money

4-9  appropriated by subsection 1 to school districts in accordance with NRS

4-10  388.795 for the purposes set forth in paragraph (c) of subsection 5 of NRS

4-11  388.795.

4-12    3.  Any remaining balance of the appropriation made by subsection 1

4-13  must not be committed for expenditure after June 30, 2003, and reverts to

4-14  the state general fund as soon as all payments of money committed have

4-15  been made.

4-16    Sec. 12.  1.  There is hereby appropriated from the state general fund

4-17  to the school districts specified in this section the following sums for use

4-18  during the fiscal years 2001-2002 and 2002-2003:

4-19    School District                     2001-2002    2002-2003

4-20    Clark County School District$5,492,119   $5,492,119

4-21    Douglas County School District   $1,910,302                              $1,910,302

4-22    Elko County School District  $2,029,696   $2,029,696

4-23    Washoe County School District   $2,507,272                              $2,507,272

4-24                                              $11,939,389         $11,939,389

4-25    2.  A school district that receives an allocation pursuant to subsection 1

4-26  shall use the money to provide training through the regional training

4-27  program for the professional development of teachers and administrators

4-28  established by the school district pursuant to section 16 of chapter 559,

4-29  Statutes of Nevada 1999, at page 2930. The training must address the needs

4-30  of teachers in incorporating the use of educational technology in the

4-31  classroom, including, without limitation, training to enable teachers to

4-32  instruct pupils in the use of educational technology.

4-33    3.  The sums appropriated by subsection 1 are available for either fiscal

4-34  year. Any balance of those sums must not be committed for expenditure

4-35  after June 30, 2003, and reverts to the state general fund as soon as all

4-36  payments of money committed have been made.

4-37    Sec. 13.  1.  There is hereby appropriated from the state general fund

4-38  to the fund for the school to careers program created by NRS 388.367 the

4-39  sum of $2,000,000.

4-40    2.  The state board of education shall use the money appropriated by

4-41  subsection 1 to provide, in accordance with NRS 388.367, basic allocations

4-42  to school districts and institutions of higher education within the University

4-43  and Community College System of Nevada, with the remaining funds

4-44  allocated to school districts on a per-pupil basis.

4-45    3.  Any remaining balance of the appropriation made by subsection 1

4-46  must not be committed for expenditure after June 30, 2003, and reverts to

4-47  the state general fund as soon as payments of all money committed have

4-48  been made.

5-1    Sec. 14.  1.  There is hereby appropriated from the state general fund

5-2  to the department of education the sum of $12,601,000 for a grant program

5-3  whereby school districts may apply for money to hire school nurses to

5-4  attempt to provide one school nurse for every elementary school, middle

5-5  school, junior high school and high school within the school district.

5-6    2.  The department of education shall allocate the money appropriated

5-7  by subsection 1 based on the need of each school district and not based on

5-8  the order in which the requests are received. A school district that receives

5-9  a grant of money shall use the money only to hire additional nurses for the

5-10  school district who are qualified pursuant to NRS 391.207 and the

5-11  regulations adopted pursuant thereto.

5-12    3.  Money that is granted to a school district from the appropriation

5-13  made by subsection 1 must not be:

5-14    (a) Counted in determining the financial ability of the school district for

5-15  purposes of collective bargaining;

5-16    (b) Used to pay any monetary benefits recommended by a factfinder

5-17  pursuant to chapter 288 of NRS; or

5-18    (c) Used to adjust the salary or benefit of an employee of the school

5-19  district.

5-20    4.  Any remaining balance of the appropriation made by subsection 1

5-21  must not be committed for expenditure after June 30, 2003, and reverts to

5-22  the state general fund as soon as all payments of money committed have

5-23  been made.

5-24    Sec. 15.  1.  There is hereby appropriated from the state general fund

5-25  to the department of education the sum of $4,000,000 for a grant program

5-26  whereby school districts may apply for money to hire school psychologists

5-27  to attempt to achieve a ratio of one school psychologist for every 1,200

5-28  pupils enrolled in the school district.

5-29    2.  The department of education shall allocate the money appropriated

5-30  by subsection 1 based on the need of each school district and not based on

5-31  the order in which the requests are received. A school district that receives

5-32  a grant of money shall use the money only to hire additional school

5-33  psychologists for the school district who hold appropriate endorsements to

5-34  serve as school psychologists, as prescribed by the commission on

5-35  professional standards in education.

5-36    3.  Money that is granted to a school district from the appropriation

5-37  made by subsection 1 must not be:

5-38    (a) Counted in determining the financial ability of the school district for

5-39  purposes of collective bargaining;

5-40    (b) Used to pay any monetary benefits recommended by a factfinder

5-41  pursuant to chapter 288 of NRS; or

5-42    (c) Used to adjust the salary or benefit of an employee of the school

5-43  district.

5-44    4.  Any remaining balance of the appropriation made by subsection 1

5-45  must not be committed for expenditure after June 30, 2003, and reverts to

5-46  the state general fund as soon as all payments of money committed have

5-47  been made.

5-48    Sec. 16.  1.  There is hereby appropriated from the state general fund

5-49  to the department of education the sum of $100,000 for reimbursement of

6-1  certain costs of public school teachers related to acquiring certification by

6-2  the National Board for Professional Teaching Standards.

6-3    2.  If a public school teacher desires to obtain reimbursement from the

6-4  department of education for the costs that will be incurred in acquiring

6-5  certification by the National Board for Professional Teaching Standards, the

6-6  teacher shall file a statement of intended certification with the school

6-7  district or the governing body of the charter school by whom he is

6-8  employed. The statement must be filed at least 1 year before the teacher

6-9  reasonably believes that he will acquire the certification. Upon receipt of

6-10  such a statement, the school district or governing body shall forward a copy

6-11  of the statement to the department of education.

6-12    3.  Upon certification, a public school teacher who has filed such a

6-13  statement may request reimbursement by submitting to the school district

6-14  or the governing body of the charter school by whom he is employed:

6-15    (a) A written statement indicating that the teacher understands that if he

6-16  does not teach in a public school in this state, including, without limitation,

6-17  a charter school, for at least 2 years after the date on which he receives the

6-18  reimbursement, he will be required to repay the reimbursement in full to

6-19  the department of education;

6-20    (b) Proof that he has acquired the certification; and

6-21    (c) A statement of the costs incurred by the teacher in acquiring the

6-22  certification.

6-23    4.  A school district or the governing body of a charter school shall

6-24  verify the certification and the statement of costs submitted by a teacher

6-25  pursuant to subsection 3. Upon verification, the school district or governing

6-26  body shall notify the department of education of the certification and the

6-27  amount of verified costs and shall request the department to reimburse the

6-28  teacher. Upon receipt of such a request, the department shall cause the

6-29  teacher to be reimbursed if the teacher agrees to teach in a public school in

6-30  this state, including, without limitation, a charter school, for at least 2 years

6-31  after the date on which he receives the reimbursement. Such a

6-32  reimbursement must not exceed an amount equal to the actual verified costs

6-33  incurred by the teacher or $2,000, whichever is less, to the extent that

6-34  money is available from the appropriation made by subsection 1 for this

6-35  purpose or other sources.

6-36    5.  Except as otherwise provided in this subsection, if a teacher who

6-37  receives a reimbursement pursuant to this section does not teach in a public

6-38  school in this state, including, without limitation, a charter school, for at

6-39  least 2 years after the date on which he received the reimbursement, the

6-40  teacher shall repay the full amount of the reimbursement to the department

6-41  of education. The teacher may request that the department of education

6-42  grant a waiver from the repayment required by this subsection. The

6-43  department of education may grant a waiver if the department determines

6-44  that the teacher suffers from a hardship that warrants a waiver. The

6-45  department of education shall prescribe the procedures for the repayment

7-1  required by this subsection and the procedures for a teacher to request a

7-2  waiver from the repayment.

7-3    6.  The department of education shall use any money that it receives

7-4  pursuant to this subsection to reimburse the costs of other teachers who

7-5  acquire certification by the National Board of Professional Teaching

7-6  Standards. The department of education shall not use the money

7-7  appropriated by subsection 1 to reimburse costs related to certification

7-8  acquired by a teacher before July 1, 2001.

7-9    7.  Any remaining balance of the appropriation made by subsection 1

7-10  must not be committed for expenditure after June 30, 2003, and reverts to

7-11  the state general fund as soon as all payments of money committed have

7-12  been made.

7-13    Sec. 17.  1.  There is hereby appropriated from the state general fund

7-14  to the department of education the sum of $11,000,000 to assist school

7-15  districts in providing educational services to pupils whose primary

7-16  language is not English and who possess limited proficiency in the English

7-17  language. The department shall allocate this money in a fair and equitable

7-18  manner among the 17 county school districts.

7-19    2.  A school district that receives an allocation pursuant to subsection 1

7-20  shall use the money to establish or expand, as appropriate, educational

7-21  programs for pupils enrolled in the school district whose primary language

7-22  is not English and who possess limited proficiency in the English language.

7-23    3.  Any remaining balance of the appropriation made by subsection 1

7-24  must not be committed for expenditure after June 30, 2003, and reverts to

7-25  the state general fund as soon as all payments of money committed have

7-26  been made.

7-27    Sec. 18.  The board of trustees of a school district shall pay the

7-28  increase in salary required by subsection 2 of NRS 391.160 retroactively

7-29  for the 2000-2001 school year for each teacher employed by the board of

7-30  trustees who:

7-31    1.  Acquired certification by the National Board for Professional

7-32  Teaching Standards in the year 2000;

7-33    2.  Submits evidence satisfactory to the school district of the teacher’s

7-34  current certification; and

7-35    3.  Provided classroom instruction during the 2000-2001 school year.

7-36    Sec. 19.  This act becomes effective on July 1, 2001.

 

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