(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINT A.B. 613
Assembly Bill No. 613–Committee on Ways and Means
(On Behalf of University and Community College
System of Nevada)
March 26, 2001
____________
Referred to Committee on Ways and Means
SUMMARY—Makes various changes relating to educational personnel. (BDR 34‑434)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation not included in Executive Budget.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; authorizing the board of regents of the University of Nevada to administer a program of loans for students who are enrolled in teaching programs; providing for the waiver of those loans by the board of regents under certain circumstances; requiring certain transfers of money from the fund for school improvement; making an appropriation to reimburse certain costs incurred by licensed teachers in obtaining endorsements in certain fields of specialization; 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. Chapter 396 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 9, inclusive, of this act.
1-3 Sec. 2. 1. The board of regents may administer, directly or through
1-4 a designated officer or employee of the system, a program to provide
1-5 loans for registration fees, laboratory fees and expenses, textbooks and
1-6 course materials, and living expenses to students who are enrolled in
1-7 programs of the system that provide courses of study and training for the
1-8 education of teachers.
1-9 2. Each student to whom such a loan is made must:
1-10 (a) Have been a bona fide resident of this state for at least 6 months
1-11 before his matriculation in the system;
1-12 (b) At the time the loan is made, be enrolled in a program of the
1-13 system to become a licensed teacher;
1-14 (c) Fulfill all requirements for classification as a full-time student
1-15 showing progression towards completion of the program; and
2-1 (d) Maintain at least a 2.0 grade-point average in each class and at
2-2 least a 2.75 overall grade-point average, on a 4.0 grading scale.
2-3 3. Each such loan must be made upon the following terms:
2-4 (a) All loans must bear interest at 8 percent per annum beginning on
2-5 the date when the student receives the loan.
2-6 (b) Each student who receives a loan shall repay the loan with interest
2-7 after the termination of his education for which the loan is made unless
2-8 the amount owed is waived pursuant to section 4 of this act. The loan
2-9 must be repaid in monthly installments over the period allowed with the
2-10 first installment due 1 year after the date of the termination of his
2-11 education for which the loan is made. The amounts of the installments
2-12 must not be less than $50 and may be calculated to allow a smaller
2-13 payment at the beginning of the period for repayment, with each
2-14 succeeding payment gradually increasing so that the total amount due
2-15 will be paid within the period of repayment. The maximum period for
2-16 repayment of the loans must be:
2-17 (1) Five years for loans that total less than $10,000.
2-18 (2) Eight years for loans that total $10,000 or more, but less than
2-19 $20,000.
2-20 (3) Ten years for loans that total $20,000 or more.
2-21 4. A delinquency charge may be assessed on an installment that is
2-22 delinquent 10 days or more in the amount of 8 percent of the installment
2-23 or $4, whichever is greater, but not more than $15.
2-24 5. If a person is delinquent in repayment, the reasonable costs of
2-25 collection and an attorney’s fee may be recovered from the person.
2-26 6. As used in this section, “bona fide resident” has the meaning
2-27 ascribed to it in NRS 396.540.
2-28 Sec. 3. 1. The loans made pursuant to sections 2 to 9, inclusive, of
2-29 this act must not exceed the following amounts per student per semester.
2-30 If the student is enrolled in a program of:
2-31 (a) A community college, $1,700.
2-32 (b) A university, $2,005.
2-33 2. Money loaned pursuant to sections 2 to 9, inclusive, of this act
2-34 must be allocated among the campuses of the system in amounts that will
2-35 allow the same percentage of eligible students from each campus who are
2-36 enrolled in programs that provide courses of study and training for the
2-37 education of teachers to receive loans.
2-38 Sec. 4. 1. Except as otherwise provided in this section, a student
2-39 who receives a loan pursuant to sections 2 to 9, inclusive, of this act shall
2-40 repay the loan and accrued interest in full pursuant to the terms of the
2-41 loan.
2-42 2. If a recipient of a loan desires to have the total amount of his loan
2-43 waived pursuant to this section, the recipient shall file a statement of
2-44 intent with the board of regents indicating that the recipient intends to:
2-45 (a) Obtain a license to teach issued pursuant to chapter 391 of NRS;
2-46 and
2-47 (b) Teach full time for at least:
2-48 (1) Three consecutive school years in any public school where a
2-49 majority of the pupils enrolled in the school are pupils at risk; or
3-1 (2) Five consecutive school years in any other public school in this
3-2 state.
3-3 The recipient shall submit verification at least once every 6 months to the
3-4 board of regents in a format prescribed by the board of regents indicating
3-5 that the recipient has maintained his status as a full-time licensed
3-6 teacher in a public school in this state.
3-7 3. Upon receipt of such a statement of intent, the board of regents
3-8 shall defer the payment of the loan until the recipient of the loan has:
3-9 (a) Taught full time as a licensed teacher for:
3-10 (1) Three consecutive school years in any public school where a
3-11 majority of the pupils enrolled in the school are pupils at risk, regardless
3-12 of whether he teaches at the same school for all 3 years; or
3-13 (2) Five consecutive school years in any other public school in this
3-14 state, regardless of whether he teaches at the same school for all 5 years;
3-15 or
3-16 (b) Left his employment, voluntarily or otherwise, as a full-time
3-17 licensed teacher in a public school in this state.
3-18 4. If a recipient of a loan who filed a statement of intent pursuant to
3-19 subsection 2 satisfies the requirements of paragraph (a) of subsection 3,
3-20 the recipient may apply to the board of regents to request a waiver of the
3-21 loan and interest that must be repaid. The board of regents shall waive
3-22 the total amount owed by the recipient upon receipt of credible evidence
3-23 that the recipient has satisfied the requirements of paragraph (a) of
3-24 subsection 3.
3-25 5. If a recipient of a loan who filed a statement of intent pursuant to
3-26 subsection 2 leaves his employment, voluntarily or otherwise, as a full-
3-27 time licensed teacher in a public school in this state, he shall repay the
3-28 loan and accrued interest in full pursuant to the terms of the loan.
3-29 6. The board of regents may adopt:
3-30 (a) Regulations that extend the time for completing the qualified
3-31 teaching service beyond 3 or 5 years, as applicable, for persons who are
3-32 granted extensions because of hardship; and
3-33 (b) Such other regulations as are necessary to carry out the provisions
3-34 of sections 2 to 9, inclusive, of this act.
3-35 7. The board of regents shall, in cooperation with the boards of
3-36 trustees of school districts in this state:
3-37 (a) Identify, on an annual basis, the public schools within this state
3-38 where a majority of the pupils enrolled are pupils at risk.
3-39 (b) Recruit pupils who are enrolled in high schools in this state into
3-40 the program to provide loans to students pursuant to sections 2 to 9,
3-41 inclusive, of this act.
3-42 8. As used in this section, “pupil at risk” has the meaning ascribed to
3-43 it in NRS 386.500.
3-44 Sec. 5. The board of regents or its designee may require:
3-45 1. A student to acquire, as security for a student loan, insurance on
3-46 his life and on his health or against his disability, or both.
3-47 2. That a financially responsible person agree to be jointly liable with
3-48 the recipient of the loan for the repayment of the loan.
4-1 Sec. 6. The board of regents or its designee may require, upon notice
4-2 to a recipient of a loan, that he repay the balance and any unpaid interest
4-3 on the loan immediately if:
4-4 1. An installment is not paid within 30 days after it is due;
4-5 2. The recipient fails to notify the board of regents or its designee,
4-6 within 30 days, of:
4-7 (a) A change of name or of the address of his home or place of
4-8 employment; or
4-9 (b) The termination of the education for which he received the loan;
4-10 or
4-11 3. The recipient fails to comply with a requirement or perform an
4-12 obligation he is required to perform pursuant to an agreement with the
4-13 board of regents or its designee.
4-14 Sec. 7. A recipient of a loan pursuant to sections 2 to 9, inclusive, of
4-15 this act shall comply with the regulations adopted by the board of
4-16 regents. If a recipient fails to comply, the board of regents or its designee
4-17 may:
4-18 1. For each infraction, impose a civil penalty of not more than $200
4-19 against the recipient in 1 academic year, and may deny additional money
4-20 to the recipient if he fails to pay the civil penalty when due;
4-21 2. Increase the portion of a future loan to be repaid by the recipient;
4-22 and
4-23 3. Extend the time by which the recipient is required to teach in this
4-24 state in lieu of repaying his loan.
4-25 Sec. 8. 1. The board of regents or its designee may, after receiving
4-26 an application stating the reasons therefor, grant an extension of the
4-27 period for the repayment of a loan in case of hardship arising out of the
4-28 circumstances of a recipient of a loan. The extension must be for a
4-29 period that will reasonably alleviate that hardship.
4-30 2. Applications for extensions must be filed within the time
4-31 prescribed by regulation of the board of regents.
4-32 Sec. 9. 1. The board of regents shall:
4-33 (a) Receive, invest, disburse and separately account for all money
4-34 received for the program.
4-35 (b) Use all the money that is accounted for separately pursuant to
4-36 paragraph (a) only to provide loans to students and waivers of those
4-37 loans pursuant to the program set forth in sections 2 to 9, inclusive, of
4-38 this act.
4-39 (c) Report to the governor and the interim finance committee on or
4-40 before October 1 of each year immediately preceding a regular session of
4-41 the legislature, setting forth in detail the transactions conducted by the
4-42 board of regents relating to the program during the biennium ending
4-43 June 30 of that year.
4-44 (d) Make such recommendations for legislation that the board of
4-45 regents considers appropriate for the program.
4-46 2. All money received in payment of loans or civil penalties must be
4-47 deposited in the account required by subsection 1.
5-1 3. The money in the account required by subsection 1 and all interest
5-2 and income earned on that money must remain in the account and does
5-3 not revert to the state general fund at the end of any fiscal year.
5-4 Sec. 10. 1. The superintendent of public instruction shall transfer
5-5 from the fund for school improvement to the University and Community
5-6 College System of Nevada to provide loans and waivers of those loans
5-7 pursuant to the program set forth in sections 2 to 9, inclusive, of this act,
5-8 the sum of $250,000.
5-9 2. The board of regents shall:
5-10 (a) Use the money transferred pursuant to subsection 1 only to provide
5-11 loans to students and waivers of those loans pursuant to the program set
5-12 forth in sections 2 to 9, inclusive, of this act.
5-13 (b) Account for the money separately and credit that account with any
5-14 interest and income earned on the money.
5-15 (c) Use all the money in the account, including, without limitation, all
5-16 interest and income earned, only to provide loans to students and waivers
5-17 of those loans pursuant to the program set forth in sections 2 to 9,
5-18 inclusive, of this act.
5-19 Sec. 11. 1. There is hereby appropriated from the state general fund
5-20 to the department of education for reimbursement of costs incurred by
5-21 teachers to obtain endorsements in certain fields of specialization:
5-22 For the fiscal year 2001-2002............... $50,000
5-23 For the fiscal year 2002-2003............... $50,000
5-24 2. The department of education shall:
5-25 (a) In consultation with the boards of trustees of school districts
5-26 throughout this state, identify fields of specialization where a shortage of
5-27 teachers exist; and
5-28 (b) Maintain a list available for public inspection that contains the fields
5-29 of specialization identified pursuant to paragraph (a).
5-30 3. A teacher who holds a current license to teach issued pursuant to
5-31 chapter 391 of NRS may submit an application on a form provided by the
5-32 department of education for reimbursement of the costs incurred by the
5-33 teacher after July 1, 2001, in obtaining an endorsement in a field of
5-34 specialization identified pursuant to subsection 2. The reimbursement must
5-35 not exceed an amount equal to the actual verified costs incurred by a
5-36 teacher in obtaining an endorsement or $2,000, whichever is less.
5-37 4. The sums appropriated by subsection 1 are available for either fiscal
5-38 year. Any balance of those sums must not be committed for expenditure
5-39 after June 30, 2003, and reverts to the state general fund as soon as all
5-40 payments of money committed have been made.
5-41 Sec. 12. Section 11 of chapter 543, Statutes of Nevada 1999, at page
5-42 2841, is hereby amended to read as follows:
5-43 Sec. 11. 1. The superintendent of public instruction shall
5-44 transfer from the fund for school improvement to the University and
5-45 Community College System of Nevada [the sum of $130,680 to be
5-46 used to provide not more than 45 scholarships at the University of
5-47 Nevada, Las Vegas, and not more than 45 scholarships at the
5-48 University of Nevada, Reno,] to provide certain scholarships:
6-1 For the fiscal year 1999-2000 ... $130,680
6-2 For the fiscal year 2000-2001.... $130,680
6-3 2. The money transferred pursuant to subsection 1 must be used
6-4 each fiscal year to provide:
6-5 (a) Not more than 45 scholarships at the University of Nevada,
6-6 Las Vegas; and
6-7 (b) Not more than 45 scholarships at the University of Nevada,
6-8 Reno,
6-9 for qualified students pursuing degrees in teaching.
6-10 [2. Any remaining]
6-11 3. Any balance of the [sum] sums authorized for expenditure by
6-12 subsection 1 remaining at the end of the respective fiscal years must
6-13 not be committed for expenditure after June 30[, 2001,] of the
6-14 respective fiscal years and reverts to the fund for school improvement
6-15 as soon as all payments of money committed have been made.
6-16 Sec. 13. 1. The superintendent of public instruction shall transfer
6-17 from the fund for school improvement to the University and Community
6-18 College System of Nevada to provide certain scholarships:
6-19 For the fiscal year 2001-2002............. $180,000
6-20 For the fiscal year 2002-2003............. $205,000
6-21 2. The money transferred pursuant to subsection 1 must be used each
6-22 fiscal year to provide:
6-23 (a) Not more than 45 scholarships at the University of Nevada, Las
6-24 Vegas;
6-25 (b) Not more than 45 scholarships at the University of Nevada, Reno;
6-26 (c) Not more than 45 scholarships at the Nevada State College,
6-27 Henderson; and
6-28 (d) Not more than 45 scholarships at the Great Basin College,
6-29 for qualified students pursuing degrees in teaching.
6-30 3. Any balance of the sums authorized for expenditure by subsection 1
6-31 remaining at the end of the respective fiscal years must not be committed
6-32 for expenditure after June 30 of the respective fiscal years and reverts to
6-33 the fund for school improvement as soon as all payments of money
6-34 committed have been made.
6-35 Sec. 14. This act becomes effective on July 1, 2001.
6-36 H