Senate Bill No. 145–Committee on Finance

 

(On Behalf of State Controller)

 

February 15, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Revises provisions governing apportionments of money from state distributive school account among school districts and charter schools. (BDR 34‑169)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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

 

AN ACT relating to the financial support of education; revising the dates for the apportionments of money from the state distributive school account among the school districts and charter schools; 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 387.124 is hereby amended to read as follows:

1-2    387.124  Except as otherwise provided in NRS 387.528:

1-3    1.  On or before August [1, November 1, February 1] 15, November 15,

1-4  February 15 and May [1] 15 of each year, the superintendent of public

1-5  instruction shall, except as otherwise provided in subsections 2 and 3,

1-6  apportion the state distributive school account in the state general fund

1-7  among the several county school districts and charter schools in amounts

1-8  approximating one-fourth of their respective yearly apportionments less

1-9  any amount set aside as a reserve. The apportionment to a school district,

1-10  computed on a yearly basis, equals the difference between the basic

1-11  support and the local funds available pursuant to NRS 387.1235, minus all

1-12  the funds attributable to pupils who reside in the county but attend a charter

1-13  school. No apportionment may be made to a school district if the amount of

1-14  the local funds exceeds the amount of basic support. The apportionment to

1-15  a charter school, computed on a yearly basis, is equal to the sum of the

1-16  basic support per pupil in the county in which the pupil resides plus the

1-17  amount of local funds available per pupil pursuant to NRS 387.1235 and

1-18  all other funds available for public schools in the county in which the pupil

1-19  resides. If the apportionment per pupil to a charter school is more than the

2-1  amount to be apportioned to the school district in which a pupil who is

2-2  enrolled in the charter school resides, the school district in which the pupil

2-3  resides shall pay the difference directly to the charter school.

2-4    2.  The governing body of a charter school may submit a written

2-5  request to the superintendent of public instruction to receive, in the first

2-6  year of operation of the charter school, an apportionment 30 days before

2-7  the apportionment is required to be made pursuant to subsection 1. Upon

2-8  receipt of such a request, the superintendent of public instruction may

2-9  make the apportionment 30 days before the apportionment is required to be

2-10  made. A charter school may receive all four apportionments in advance in

2-11  its first year of operation.

2-12    3.  If the state controller finds that such an action is needed to maintain

2-13  the balance in the state general fund at a level sufficient to pay the other

2-14  appropriations from it, he may pay out the apportionments monthly, each

2-15  approximately one-twelfth of the yearly apportionment less any amount set

2-16  aside as a reserve. If such action is needed, the state controller shall submit

2-17  a report to the department of administration and the fiscal analysis division

2-18  of the legislative counsel bureau documenting reasons for the action.

2-19    Sec. 2. NRS 387.185 is hereby amended to read as follows:

2-20    387.185 1.  Except as otherwise provided in subsection 2 and NRS

2-21  387.528, all school money due each county school district must be paid

2-22  over by the state treasurer to the county treasurer on August [1, November

2-23  1, February 1] 15, November 15, February 15 and May [1] 15 of each year

2-24  or as soon thereafter as the county treasurer may apply for it, upon the

2-25  warrant of the state controller drawn in conformity with the apportionment

2-26  of the superintendent of public instruction as provided in NRS 387.124.

2-27    2.  Except as otherwise provided in NRS 387.528, if the board of

2-28  trustees of a school district establishes and administers a separate account

2-29  pursuant to the provisions of NRS 354.603, all school money due that

2-30  school district must be paid over by the state treasurer to the school district

2-31  on August [1, November 1, February 1] 15, November 15, February 15

2-32  and May [1] 15 of each year or as soon thereafter as the school district may

2-33  apply for it, upon the warrant of the state controller drawn in conformity

2-34  with the apportionment of the superintendent of public instruction as

2-35  provided in NRS 387.124.

2-36    3.  No county school district may receive any portion of the public

2-37  school money unless that school district has complied with the provisions

2-38  of this Title and regulations adopted pursuant thereto.

2-39    4.  Except as otherwise provided in this subsection, all school money

2-40  due each charter school must be paid over by the state treasurer to the

2-41  governing body of the charter school on August [1, November 1, February

2-42  1] 15, November 15, February 15 and May [1] 15 of each year or as soon

2-43  thereafter as the governing body may apply for it, upon the warrant of the

2-44  state controller drawn in conformity with the apportionment of the

2-45  superintendent of public instruction as provided in NRS 387.124. If the

2-46  superintendent of public instruction has approved, pursuant to subsection 2

2-47  of NRS 387.124, a request for payment of an apportionment 30 days before

2-48  the apportionment is otherwise required to be made, the money due to the

2-49  charter school must be paid by the state treasurer to the governing body of

3-1  the charter school on July [1, October 1, January 1] 15, October 15,

3-2  January 15 or April [1,] 15, as applicable.

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

 

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