S.B. 140
Senate Bill No. 140–Committee on Finance
(On Behalf of Clark County School District)
February 15, 2001
____________
Referred to Committee on Finance
SUMMARY—Revises provisions and makes appropriations regarding educational personnel. (BDR 34‑347)
FISCAL NOTE: Effect on Local Government: Yes.
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; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring boards of trustees to pay the increase of salary retroactively under certain circumstances; making an appropriation to the department of education to pay for certain costs of public school teachers related to acquiring certification by the National Board for Professional Teaching Standards; making appropriations to the Clark County school district for the recruitment and training of teachers; 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. NRS 387.303 is hereby amended to read as follows:
1-2 387.303 1. Not later than November 10 of each year, the board of
1-3 trustees of each school district shall submit to the superintendent of public
1-4 instruction and the department of taxation a report which includes the
1-5 following information:
1-6 (a) For each fund within the school district, including, without
1-7 limitation, the school district’s general fund and any special revenue fund
1-8 which receives state money, the total number and salaries of licensed and
1-9 nonlicensed persons whose salaries are paid from the fund and who are
1-10 employed by the school district in full-time positions or in part-time
1-11 positions added together to represent full-time positions. Information must
1-12 be provided for the current school year based upon the school district’s
1-13 final budget, including any amendments and augmentations thereto, and for
1-14 the preceding school year. An employee must be categorized as filling an
1-15 instructional, administrative, instructional support or other position.
2-1 (b) The count of pupils computed pursuant to paragraph (a) of
2-2 subsection 1 of NRS 387.1233.
2-3 (c) The average daily attendance for the preceding school year and the
2-4 estimated average daily attendance for the current school year of part-time
2-5 pupils enrolled in courses which are approved by the department as
2-6 meeting the requirements for an adult to earn a high school diploma.
2-7 (d) The school district’s actual expenditures in the fiscal year
2-8 immediately preceding the report.
2-9 (e) The school district’s proposed expenditures for the current fiscal
2-10 year.
2-11 (f) The schedule of salaries for licensed employees in the current school
2-12 year and a statement of whether the negotiations regarding salaries for the
2-13 current school year have been completed. If the negotiations have not been
2-14 completed at the time the schedule of salaries is submitted, the board of
2-15 trustees shall submit a supplemental report to the superintendent of public
2-16 instruction upon completion of negotiations or the determination of an
2-17 arbitrator concerning the negotiations that includes the schedule of salaries
2-18 agreed to or required by the arbitrator.
2-19 (g) The number of teachers who received an increase in salary pursuant
2-20 to subsection 2 of NRS 391.160 for the current and preceding fiscal years.
2-21 If the board of trustees is required to pay an increase in salary
2-22 retroactively pursuant to subsection 2 of NRS 391.160, the board of
2-23 trustees shall submit a supplemental report to the superintendent of
2-24 public instruction not later than February 15 of the year in which the
2-25 retroactive payment was made that includes the number of teachers to
2-26 whom an increase in salary was paid retroactively.
2-27 (h) The number of employees eligible for health insurance within the
2-28 school district for the current and preceding fiscal years and the amount
2-29 paid for health insurance for each such employee during those years.
2-30 (i) The rates for fringe benefits, excluding health insurance, paid by the
2-31 school district for its licensed employees in the preceding and current fiscal
2-32 years.
2-33 (j) The amount paid for extra duties, supervision of extracurricular
2-34 activities and supplemental pay and the number of employees receiving
2-35 that pay in the preceding and current fiscal years.
2-36 2. On or before November 25 of each year, the superintendent of
2-37 public instruction shall submit to the department of administration and the
2-38 fiscal analysis division of the legislative counsel bureau, in a format
2-39 approved by the director of the department of administration, a compilation
2-40 of the reports made by each school district pursuant to subsection 1.
2-41 3. The superintendent of public instruction shall, in the compilation
2-42 required by subsection 2, reconcile the revenues and expenditures of the
2-43 school districts with the apportionment received by those districts from the
2-44 state distributive school account for the preceding year.
2-45 Sec. 2. NRS 391.160 is hereby amended to read as follows:
2-46 391.160 1. The salaries of teachers and other employees must be
2-47 determined by the character of the service required. A school district shall
2-48 not discriminate between male and female employees in the matter of
2-49 salary.
3-1 2. Each year when determining the salary of a teacher who holds
3-2 certification issued by the National Board for Professional Teaching
3-3 Standards, a school district shall add 5 percent to the salary that the teacher
3-4 would otherwise receive in 1 year for his classification on the schedule of
3-5 salaries for the school district if:
3-6 (a) On or before [September 15] January 31 of the school year, the
3-7 teacher has submitted evidence satisfactory to the school district of his
3-8 current certification; and
3-9 (b) The teacher is assigned by the school district to provide classroom
3-10 instruction during that school year.
3-11 No increase in salary may be given during a particular school year to a
3-12 teacher who submits evidence of certification after [September 15]
3-13 January 31 of that school year. For the first school year that a teacher
3-14 submits evidence of his current certification, the board of trustees of the
3-15 school district to whom the evidence was submitted shall pay the increase
3-16 in salary required by this subsection retroactively to the beginning of that
3-17 school year. Once a teacher has submitted evidence of such certification to
3-18 the school district, the school district shall retain the evidence in its
3-19 records, as applicable, for future school years. An increase in salary given
3-20 in accordance with this subsection is in addition to any other increase to
3-21 which the teacher may otherwise be entitled.
3-22 3. In determining the salary of a licensed teacher who is employed by a
3-23 school district after the teacher has been employed by another school
3-24 district in this state, the present employer shall, except as otherwise
3-25 provided in subsection 5:
3-26 (a) Give the teacher the same credit for previous teaching service as he
3-27 was receiving from his former employer at the end of his former
3-28 employment; and
3-29 (b) Give the teacher credit for his final year of service with his former
3-30 employer, if credit for that service is not included in credit given pursuant
3-31 to paragraph (a).
3-32 4. A school district may give the credit required by subsection 3 for
3-33 previous teaching service earned in another state if the commission has
3-34 approved the standards for licensing teachers of that state. The commission
3-35 shall adopt regulations that establish the criteria by which the commission
3-36 will consider the standards for licensing teachers of other states for the
3-37 purposes of this subsection. The criteria may include, without limitation,
3-38 whether the commission has authorized reciprocal licensure of educational
3-39 personnel from the state under consideration.
3-40 5. This section does not:
3-41 (a) Require a school district to allow a teacher more credit for previous
3-42 teaching service than the maximum credit for teaching experience provided
3-43 for in the schedule of salaries established by it for its licensed personnel.
3-44 (b) Permit a school district to deny a teacher credit for his previous
3-45 teaching service on the ground that the service differs in kind from the
3-46 teaching experience for which credit is otherwise given by the school
3-47 district.
3-48 6. As used in this section, “previous teaching service” means the total
3-49 of:
4-1 (a) Any period of teaching service for which a teacher received credit
4-2 from his former employer at the beginning of his former employment; and
4-3 (b) His period of teaching service in his former employment.
4-4 Sec. 3. 1. There is hereby appropriated from the state general fund to
4-5 the department of education the sum of $500,000 for grants of money to
4-6 pay the costs of public school teachers related to acquiring certification by
4-7 the National Board for Professional Teaching Standards.
4-8 2. If a public school teacher desires to obtain a grant of money from
4-9 the department of education for the costs that will be incurred in acquiring
4-10 certification by the National Board for Professional Teaching Standards,
4-11 the teacher shall submit to the department proof that the teacher is enrolled
4-12 in the program to acquire certification by the National Board for
4-13 Professional Teaching Standards. To the extent that money is available
4-14 from the appropriation made by subsection 1, the department shall
4-15 distribute a grant of money in an amount not to exceed $2,000 to each
4-16 teacher who submits proof to the department that the teacher is enrolled in
4-17 the program to acquire certification.
4-18 3. If a teacher who receives a grant of money does not:
4-19 (a) Complete the program to acquire certification; or
4-20 (b) Acquire certification,
4-21 within the time allowed by the National Board for Professional Teaching
4-22 Standards, the teacher shall reimburse the department of education an
4-23 amount of money equal to one-half the total amount of the grant provided
4-24 to the teacher.
4-25 4. Any remaining balance of the appropriation made by subsection 1
4-26 must not be committed for expenditure after June 30, 2003, and reverts to
4-27 the state general fund as soon as all payments of money committed have
4-28 been made.
4-29 Sec. 4. 1. There is hereby appropriated from the state general fund
4-30 to the Clark County school district the sum of $1,881,600.
4-31 2. The money appropriated by subsection 1 must be used by the Clark
4-32 County school district to provide grants or to create programs to pay the
4-33 costs of registration fees, textbooks and course materials for support
4-34 personnel and substitute teacher candidates who are:
4-35 (a) Employed by the Clark County school district; and
4-36 (b) Enrolled in a course of study and training that is designed to provide
4-37 the education required for the licensure of teachers and other educational
4-38 personnel within the University and Community College System of
4-39 Nevada or another accredited university or college in partnership with the
4-40 Clark County school district.
4-41 To the extent that money is available from the appropriation made by
4-42 subsection 1, each grant must not exceed an amount equal to the actual
4-43 verified costs for registration fees, textbooks and course materials or
4-44 $3,360, whichever is less.
4-45 3. The money appropriated by subsection 1 must not be used to:
4-46 (a) Settle or arbitrate disputes or negotiate settlements between an
4-47 organization that represents licensed employees of the school district and
4-48 the school district.
5-1 (b) Adjust the schedules of salaries and benefits of employees of the
5-2 school district.
5-3 4. Any remaining balance of the appropriation made by subsection 1
5-4 must not be committed for expenditure after June 30, 2003, and reverts to
5-5 the state general fund as soon as all payments of money committed have
5-6 been made.
5-7 Sec. 5. 1. There is hereby appropriated from the state general fund
5-8 to the Clark County school district the sum of $1,500,000.
5-9 2. The money appropriated by subsection 1 must be used by the Clark
5-10 County school district to provide signing bonuses or stipends, or both, for
5-11 teachers who are recruited by the school district during the 2001-2003
5-12 biennium to teach in subject areas for which the school district is highly in
5-13 need of teachers. Such a bonus or stipend must not exceed $1,500 per
5-14 teacher.
5-15 3. The money appropriated by subsection 1 must not be used to:
5-16 (a) Settle or arbitrate disputes or negotiate settlements between an
5-17 organization that represents licensed employees of the school district and
5-18 the school district.
5-19 (b) Adjust the schedules of salaries and benefits of employees of the
5-20 school district.
5-21 4. Any remaining balance of the appropriation made by subsection 1
5-22 must not be committed for expenditure after June 30, 2003, and reverts to
5-23 the state general fund as soon as all payments of money committed have
5-24 been made.
5-25 Sec. 6. The board of trustees of a school district shall pay the increase
5-26 in salary required by subsection 2 of NRS 391.160 retroactively for the
5-27 2000-2001 school year for each teacher employed by the board of trustees
5-28 who:
5-29 1. Acquired certification by the National Board for Professional
5-30 Teaching Standards in the year 2000;
5-31 2. Submits evidence satisfactory to the school district of the teacher’s
5-32 current certification; and
5-33 3. Provided classroom instruction in this state during the 2000-2001
5-34 school year.
5-35 Sec. 7. This act becomes effective upon passage and approval.
5-36 H