Senate Bill No. 148–Committee on Finance

 

(On Behalf of Legislative Committee on Education)

 

February 15, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Makes various changes regarding educational personnel. (BDR 34‑219)

 

FISCAL NOTE:            Effect on Local Government: Yes.

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

 

~

 

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

 

AN ACT relating to educational personnel; revising the provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; authorizing transfers of money from the state distributive school account to continue the operation of the regional training programs for the professional development of teachers and administrators and to provide 1 additional day of professional development for teachers; making an appropriation for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards; 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

2-1  positions added together to represent full-time positions. Information must

2-2  be provided for the current school year based upon the school district’s

2-3  final budget, including any amendments and augmentations thereto, and for

2-4  the preceding school year. An employee must be categorized as filling an

2-5  instructional, administrative, instructional support or other position.

2-6    (b) The count of pupils computed pursuant to paragraph (a) of

2-7  subsection 1 of NRS 387.1233.

2-8    (c) The average daily attendance for the preceding school year and the

2-9  estimated average daily attendance for the current school year of part-time

2-10  pupils enrolled in courses which are approved by the department as

2-11  meeting the requirements for an adult to earn a high school diploma.

2-12    (d) The school district’s actual expenditures in the fiscal year

2-13  immediately preceding the report.

2-14    (e) The school district’s proposed expenditures for the current fiscal

2-15  year.

2-16    (f) The schedule of salaries for licensed employees in the current school

2-17  year and a statement of whether the negotiations regarding salaries for the

2-18  current school year have been completed. If the negotiations have not been

2-19  completed at the time the schedule of salaries is submitted, the board of

2-20  trustees shall submit a supplemental report to the superintendent of public

2-21  instruction upon completion of negotiations or the determination of an

2-22  arbitrator concerning the negotiations that includes the schedule of salaries

2-23  agreed to or required by the arbitrator.

2-24    (g) The number of teachers who received an increase in salary pursuant

2-25  to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

2-26  If the board of trustees is required to pay an increase in salary

2-27  retroactively pursuant to subsection 2 of NRS 391.160, the board of

2-28  trustees shall submit a supplemental report to the superintendent of

2-29  public instruction not later than February 15 of the year in which the

2-30  retroactive payment was made that includes the number of teachers to

2-31  whom an increase in salary was paid retroactively.

2-32    (h) The number of employees eligible for health insurance within the

2-33  school district for the current and preceding fiscal years and the amount

2-34  paid for health insurance for each such employee during those years.

2-35    (i) The rates for fringe benefits, excluding health insurance, paid by the

2-36  school district for its licensed employees in the preceding and current fiscal

2-37  years.

2-38    (j) The amount paid for extra duties, supervision of extracurricular

2-39  activities and supplemental pay and the number of employees receiving

2-40  that pay in the preceding and current fiscal years.

2-41    2.  On or before November 25 of each year, the superintendent of

2-42  public instruction shall submit to the department of administration and the

2-43  fiscal analysis division of the legislative counsel bureau, in a format

2-44  approved by the director of the department of administration, a compilation

2-45  of the reports made by each school district pursuant to subsection 1.

2-46    3.  The superintendent of public instruction shall, in the compilation

2-47  required by subsection 2, reconcile the revenues and expenditures of the

2-48  school districts with the apportionment received by those districts from the

2-49  state distributive school account for the preceding year.

3-1    Sec. 2.  Chapter 391 of NRS is hereby amended by adding thereto a

3-2  new section to read as follows:

3-3    1.  If the board of trustees of a school district determines that a

3-4  shortage of teachers exists within the school district in a particular

3-5  subject area, the board of trustees may submit a written request to the

3-6  superintendent of public instruction to employ persons who are licensed

3-7  teachers but who do not hold an endorsement to teach in the subject area

3-8  for which there is a shortage of teachers. The superintendent of public

3-9  instruction may grant such a request if the superintendent determines

3-10  that a shortage of teachers exists in the subject area. If the

3-11  superintendent of public instruction grants a request pursuant to this

3-12  subsection, a person who holds a license to teach but not an endorsement

3-13  in the subject area for which the request was granted may be employed

3-14  by the school district for not more than 2 school years to teach in that

3-15  subject area.

3-16    2.  If the superintendent of public instruction grants a request

3-17  pursuant to subsection 1, the superintendent shall submit a written report

3-18  to the commission that includes the name of the school district for which

3-19  the request was granted and the subject area for which the request was

3-20  granted. Upon receipt of such a report, the commission shall consider

3-21  whether to adopt revisions to the requirements for an endorsement in

3-22  that subject area to address the shortage of teachers.

3-23    Sec. 3.  NRS 391.019 is hereby amended to read as follows:

3-24    391.019  1.  Except as otherwise provided in NRS 391.027, the

3-25  commission:

3-26    (a) Shall adopt regulations:

3-27      (1) Prescribing the qualifications for licensing teachers and other

3-28  educational personnel and the procedures for the issuance and renewal of

3-29  such licenses.

3-30      (2) Identifying fields of specialization in teaching which require the

3-31  specialized training of teachers.

3-32      (3) [Requiring] Except as otherwise provided in section 2 of this act,

3-33  requiring teachers to obtain from the department an endorsement in a field

3-34  of specialization to be eligible to teach in that field of specialization.

3-35      (4) Setting forth the educational requirements a teacher must satisfy

3-36  to qualify for an endorsement in each field of specialization.

3-37      (5) Setting forth the qualifications and requirements for obtaining a

3-38  license or endorsement to teach American Sign Language.

3-39    (b) May adopt such other regulations as it deems necessary for its own

3-40  government or to carry out its duties.

3-41    2.  Any regulation which increases the amount of education, training or

3-42  experience required for licensing:

3-43    (a) Must, in addition to the requirements for publication in chapter 233B

3-44  of NRS, be publicized before its adoption in a manner reasonably

3-45  calculated to inform those persons affected by the change.

3-46    (b) Must not become effective until at least 1 year after the date it is

3-47  adopted by the commission.

3-48    (c) Is not applicable to a license in effect on the date the regulation

3-49  becomes effective.

4-1    Sec. 4.  NRS 391.060 is hereby amended to read as follows:

4-2    391.060  1.  Except as otherwise provided in this section and NRS

4-3  391.070, it is unlawful for:

4-4    (a) The superintendent of public instruction to issue a license to, or a

4-5  board of trustees of a school district or a governing body of a charter

4-6  school to employ, any teacher, instructor, principal or superintendent of

4-7  schools who is not a citizen of the United States or a person who has filed a

4-8  valid declaration to become a citizen or valid petition for naturalization, or

4-9  who is not a lawful permanent resident of the United States.

4-10    (b) The state controller or any county auditor to issue any warrant to

4-11  any teacher, instructor, principal or superintendent of schools who is not a

4-12  citizen of the United States or a person who has filed a valid declaration to

4-13  become a citizen or valid petition for naturalization, or who is not a lawful

4-14  permanent resident of the United States.

4-15    2.  Upon the request of a school district, the superintendent of public

4-16  instruction may issue a license to a person who does not meet the

4-17  requirements of subsection 1 but is otherwise entitled to work in the

4-18  United States pursuant to federal laws and regulations if:

4-19    (a) The school district has demonstrated to the satisfaction of the

4-20  superintendent of public instruction that a shortage of teachers exists in

4-21  the subject area for which the person is qualified;

4-22    (b) The person is otherwise qualified to teach in the subject area for

4-23  which there is a shortage of teachers, except that he does not meet the

4-24  requirements of subsection 1; and

4-25    (c) The school district agrees to employ the person to teach in the

4-26  subject area for which there is a shortage of teachers.

4-27    3.  A license issued by the superintendent of public instruction

4-28  pursuant to subsection 2:

4-29    (a) Automatically expires on the date that the licensee is no longer

4-30  entitled to work in the United States pursuant to federal laws and

4-31  regulations; and

4-32    (b) Authorizes the person who holds the license to teach only in the:

4-33      (1) School district that submitted the request for the issuance of the

4-34  license to that person; and

4-35      (2) Subject area for which the person is qualified.

4-36    4.  Upon compliance with all applicable federal laws and regulations,

4-37  the board of trustees of a school district may employ a person who does

4-38  not meet the requirements of subsection 1 if the person holds a license

4-39  issued by the superintendent of public instruction pursuant to subsection

4-40  2. A teacher’s employment with a school district pursuant to this

4-41  subsection automatically expires on the date that he is no longer entitled

4-42  to work in the United States pursuant to federal laws and regulations.

4-43    5.  The state controller or a county auditor may issue a warrant to a

4-44  teacher who is employed pursuant to subsection 4.

4-45    6.  Any person who violates any of the provisions of this section is

4-46  guilty of a misdemeanor.

4-47    Sec. 5.  NRS 391.080 is hereby amended to read as follows:

4-48    391.080  1.  Each teacher or other licensed employee employed in this

4-49  state whose compensation is payable out of public money, except teachers

5-1  employed pursuant to the provisions of subsection 4 of NRS 391.060 or

5-2  NRS 391.070, must take and subscribe to the constitutional oath of office

5-3  before entering upon the discharge of his duties.

5-4    2.  The oath of office, when taken and subscribed, must be filed with

5-5  the department . [of education.]

5-6    3.  The superintendent of public instruction, his deputy superintendents

5-7  and other members of the professional staff of the department designated

5-8  by the superintendent, members of boards of trustees of school districts,

5-9  superintendents of schools, principals of schools and notaries public may

5-10  administer the oath of office to teachers and other licensed employees.

5-11    Sec. 6.  NRS 391.160 is hereby amended to read as follows:

5-12    391.160  1.  The salaries of teachers and other employees must be

5-13  determined by the character of the service required. A school district shall

5-14  not discriminate between male and female employees in the matter of

5-15  salary.

5-16    2.  Each year when determining the salary of a teacher who holds

5-17  certification issued by the National Board for Professional Teaching

5-18  Standards, a school district shall add 5 percent to the salary that the teacher

5-19  would otherwise receive in 1 year for his classification on the schedule of

5-20  salaries for the school district if:

5-21    (a) On or before [September 15] January 31 of the school year, the

5-22  teacher has submitted evidence satisfactory to the school district of his

5-23  current certification; and

5-24    (b) The teacher is assigned by the school district to provide classroom

5-25  instruction during that school year.

5-26  No increase in salary may be given during a particular school year to a

5-27  teacher who submits evidence of certification after [September 15]

5-28  January 31 of that school year. For the first school year that a teacher

5-29  submits evidence of his current certification, the board of trustees of the

5-30  school district to whom the evidence was submitted shall pay the increase

5-31  in salary required by this subsection retroactively to the beginning of that

5-32  school year. Once a teacher has submitted evidence of such certification to

5-33  the school district, the school district shall retain the evidence in its

5-34  records, as applicable, for future school years. An increase in salary given

5-35  in accordance with this subsection is in addition to any other increase to

5-36  which the teacher may otherwise be entitled.

5-37    3.  In determining the salary of a licensed teacher who is employed by a

5-38  school district after the teacher has been employed by another school

5-39  district in this state, the present employer shall, except as otherwise

5-40  provided in subsection 5:

5-41    (a) Give the teacher the same credit for previous teaching service as he

5-42  was receiving from his former employer at the end of his former

5-43  employment; and

5-44    (b) Give the teacher credit for his final year of service with his former

5-45  employer, if credit for that service is not included in credit given pursuant

5-46  to paragraph (a).

5-47    4.  A school district may give the credit required by subsection 3 for

5-48  previous teaching service earned in another state if the commission has

5-49  approved the standards for licensing teachers of that state. The commission

6-1  shall adopt regulations that establish the criteria by which the commission

6-2  will consider the standards for licensing teachers of other states for the

6-3  purposes of this subsection. The criteria may include, without limitation,

6-4  whether the commission has authorized reciprocal licensure of educational

6-5  personnel from the state under consideration.

6-6    5.  This section does not:

6-7    (a) Require a school district to allow a teacher more credit for previous

6-8  teaching service than the maximum credit for teaching experience provided

6-9  for in the schedule of salaries established by it for its licensed personnel.

6-10    (b) Permit a school district to deny a teacher credit for his previous

6-11  teaching service on the ground that the service differs in kind from the

6-12  teaching experience for which credit is otherwise given by the school

6-13  district.

6-14    6.  As used in this section, “previous teaching service” means the total

6-15  of:

6-16    (a) Any period of teaching service for which a teacher received credit

6-17  from his former employer at the beginning of his former employment; and

6-18    (b) His period of teaching service in his former employment.

6-19    Sec. 7.  NRS 391.170 is hereby amended to read as follows:

6-20    391.170  1.  Except as otherwise provided in subsection 2, a teacher or

6-21  other employee for whom a license is required is not entitled to receive any

6-22  portion of public money for schools as compensation for services rendered

6-23  unless:

6-24    (a) He is legally employed by the board of trustees of the school district

6-25  in which he is teaching or performing other educational functions.

6-26    (b) He has a license authorizing him to teach or perform other

6-27  educational functions at the level and except as otherwise provided in

6-28  section 2 of this act, in the field for which he is employed, issued in

6-29  accordance with law and in full force at the time the services are rendered.

6-30    2.  The provisions of subsection 1 do not prohibit the payment of public

6-31  money to teachers or other employees who are employed by a charter

6-32  school pursuant to the provisions of NRS 386.590 and 386.595.

6-33    Sec. 8.  1.  The department of education is hereby authorized to

6-34  transfer from the state distributive school account to the school districts

6-35  specified in this section the following sums for fiscal years 2001-2002 and

6-36  2002-2003:

 

6-37    School District               2001-2002   2002-2003

6-38    Clark County School District$2,365,491   $3,041,127

6-39    Douglas County School District$832,851   $892,339

6-40    Elko County School District$871,023   $915,738

6-41    Washoe County School District$1,082,890   $1,197,768

6-42                                         $5,152,255   $6,046,972

 

6-43    2.  A school district that receives an allocation pursuant to subsection 1

6-44  shall:

6-45    (a) Use the money to maintain and continue the operation of a regional

6-46  training program for the professional development of teachers and

7-1  administrators established by the school district pursuant to section 16 of

7-2  chapter 559, Statutes of Nevada 1999, at page 2930;

7-3    (b) Comply with the provisions of section 16 of chapter 559, Statutes of

7-4  Nevada 1999, at page 2930; and

7-5    (c) Notwithstanding the provisions of subsection 9 of section 16 of

7-6  chapter 559, Statutes of Nevada 1999, at page 2930, to the contrary,

7-7  provide training for teachers in the standards established by the council to

7-8  establish academic standards for public schools pursuant to NRS 389.520.

7-9    3.  In lieu of the requirement of paragraph (b) of subsection 13 of

7-10  section 16 of chapter 559, Statutes of Nevada 1999, at page 2930, the

7-11  annual report of the board of trustees of a school district must include an

7-12  evaluation of whether the training received by teachers through the

7-13  regional training program in the immediately preceding year included the

7-14  standards of content and performance established by the council to

7-15  establish academic standards for public schools pursuant to NRS 389.520.

7-16    4.  Any remaining balance of the transfers made by subsection 1 for the

7-17  2001-2002 fiscal year must be added to the money received by the school

7-18  districts for the 2002-2003 fiscal year and may be expended as that money

7-19  is expended. Any remaining balance of the transfers made by subsection 1

7-20  for the 2002-2003 fiscal year, including any money added from the

7-21  allocation for the previous fiscal year, must not be committed for

7-22  expenditure after June 30, 2003, and reverts to the state distributive school

7-23  account as soon as all payments of money committed have been made.

7-24    Sec. 9.  1.  The school districts that receive an allocation pursuant to

7-25  section 8 of this act are hereby authorized to continue the consortium

7-26  formed pursuant to section 17 of chapter 559, Statutes of Nevada 1999, at

7-27  page 2934, and to receive $65,000 in each fiscal year of the 2001-2003

7-28  biennium from the state distributive school account to spend for an

7-29  evaluation of the regional training programs for the professional

7-30  development of teachers and administrators.

7-31    2.  The consortium of school districts, after consulting with the

7-32  legislative bureau of educational accountability and program evaluation,

7-33  shall use the money allocated by subsection 1 to:

7-34    (a) Continue the services of the consultant hired pursuant to section 17

7-35  of chapter 559, Statutes of Nevada 1999, at page 2934, to conduct an

7-36  evaluation of the effectiveness of the four regional training programs; or

7-37    (b) Hire another qualified, independent consultant to conduct an

7-38  evaluation of the effectiveness of the four regional training programs.

7-39  The evaluation must include, without limitation, a review of the annual

7-40  reports submitted by the governing body of each regional training program

7-41  pursuant to subsection 12 of section 16 of chapter 559, Statutes of Nevada

7-42  1999, at page 2930, and the annual reports submitted by the board of

7-43  trustees of each school district pursuant to subsection 13 of section 16 of

7-44  chapter 559, Statutes of Nevada 1999, at page 2930.

7-45    3.  On or before February 1, 2003, the consultant shall submit a written

7-46  report of the results of his evaluation to the consortium and the legislative

7-47  bureau of educational accountability and program evaluation. On or before

7-48  February 19, 2003, the legislative bureau of educational accountability and

7-49  program evaluation shall submit a copy of the written evaluation, including

8-1  any recommendations for legislation, to the director of the legislative

8-2  counsel bureau for transmission to the 72nd session of the Nevada

8-3  Legislature.

8-4    4.  Any remaining balance of the allocation made by subsection 1 must

8-5  not be committed for expenditure after June 30, 2003, and reverts to the

8-6  state distributive school account as soon as all payments of money

8-7  committed have been made.

8-8    Sec. 10.  1.  The department of education is hereby authorized to

8-9  transfer from the state distributive school account the sum of $14.8 million

8-10  for the addition of 1 day to each school year of the 2001-2003 biennium to

8-11  be used for the professional development of teachers. The department shall

8-12  allocate this money in a fair and equitable manner among the 17 county

8-13  school districts to ensure that the requirements of subsection 2 are met.

8-14    2.  A school district that receives an allocation of money pursuant to

8-15  subsection 1 shall:

8-16    (a) Add 1 day to the regular school year to each school year of the

8-17  2001-2003 biennium to be used for 1 additional day of professional

8-18  development for teachers;

8-19    (b) Require the teachers who are employed by the school district to

8-20  attend at least 1 additional day of professional development for training

8-21  that:

8-22      (1) Includes the standards established by the council to establish

8-23  academic standards for public schools pursuant to NRS 389.520; and

8-24      (2) Is provided by a regional training program for the professional

8-25  development of teachers and administrators established pursuant to section

8-26  16 of chapter 559, Statutes of Nevada 1999, at page 2930; and

8-27    (c) Use the money to pay for the salaries and other compensation of

8-28  teachers to attend 1 additional day of professional development as required

8-29  by paragraph (b).

8-30    3.  Any remaining balance of the sum authorized for expenditure

8-31  pursuant to subsection 1 must not be committed for expenditure after June

8-32  30, 2003, and reverts to the state distributive school account as soon as all

8-33  payments of money committed have been made.

8-34    Sec. 11. 1.  There is hereby appropriated from the state general fund

8-35  to the department of education the sum of $150,000 for reimbursement of

8-36  certain costs of public school teachers related to acquiring certification by

8-37  the National Board for Professional Teaching Standards.

8-38    2.  If a public school teacher desires to obtain reimbursement from the

8-39  department of education for the costs that will be incurred in acquiring

8-40  certification by the National Board for Professional Teaching Standards, the

8-41  teacher shall file a statement of intended certification with the school

8-42  district or the governing body of the charter school by whom he is

8-43  employed. The statement must be filed at least 1 year before the teacher

8-44  reasonably believes that he will acquire the certification. Upon receipt of

8-45  such a statement, the school district or governing body shall forward a copy

8-46  of the statement to the department of education.

9-1    3.  Upon certification, a public school teacher who has filed such a

9-2  statement may request reimbursement by submitting to the school district

9-3  or the governing body of the charter school by whom he is employed:

9-4    (a) A written statement indicating that the teacher understands that if he

9-5  does not teach in a public school in this state, including, without limitation,

9-6  a charter school, for at least 2 years after the date on which he receives the

9-7  reimbursement, he will be required to repay the reimbursement in full to

9-8  the department of education;

9-9    (b) Proof that he has acquired the certification; and

9-10    (c) A statement of the costs incurred by the teacher in acquiring the

9-11  certification.

9-12    4.  A school district or the governing body of a charter school shall

9-13  verify the certification and the statement of costs submitted by a teacher

9-14  pursuant to subsection 3. Upon verification, the school district or governing

9-15  body shall notify the department of education of the certification and the

9-16  amount of verified costs and shall request the department to reimburse the

9-17  teacher. Upon receipt of such a request, the department shall cause the

9-18  teacher to be reimbursed if the teacher agrees to teach in a public school in

9-19  this state, including, without limitation, a charter school, for at least 2 years

9-20  after the date on which he receives the reimbursement. Such a

9-21  reimbursement must not exceed an amount equal to the actual verified costs

9-22  incurred by the teacher or $2,000, whichever is less, to the extent that

9-23  money is available from the appropriation made by subsection 1 for this

9-24  purpose or other sources.

9-25    5.  Except as otherwise provided in this subsection, if a teacher who

9-26  receives a reimbursement pursuant to this section does not teach in a public

9-27  school in this state, including, without limitation, a charter school, for at

9-28  least 2 years after the date on which he received the reimbursement, the

9-29  teacher shall repay the full amount of the reimbursement to the department

9-30  of education. The teacher may request that the department of education

9-31  grant a waiver from the repayment required by this subsection. The

9-32  department of education may grant a waiver if the department determines

9-33  that the teacher suffers from a hardship that warrants a waiver. The

9-34  department of education shall prescribe the procedures for the repayment

9-35  required by this subsection and the procedures for a teacher to request a

9-36  waiver from the repayment.

9-37    6.  The department of education shall use any money that it receives

9-38  pursuant to this subsection to reimburse the costs of other teachers who

9-39  acquire certification by the National Board of Professional Teaching

9-40  Standards. The department of education shall not use the money

9-41  appropriated by subsection 1 to reimburse costs related to certification

9-42  acquired by a teacher before July 1, 2001.

9-43    7.  Any remaining balance of the appropriation made by subsection 1

9-44  must not be committed for expenditure after June 30, 2003, and reverts to

9-45  the state general fund as soon as all payments of money committed have

9-46  been made.

10-1    Sec. 12.  The board of trustees of a school district shall pay the

10-2  increase in salary required by subsection 2 of NRS 391.160 retroactively

10-3  for the 2000-2001 school year for each teacher employed by the board of

10-4  trustees who:

10-5    1.  Acquired certification by the National Board for Professional

10-6  Teaching Standards in the year 2000;

10-7    2.  Submits evidence satisfactory to the school district of the teacher’s

10-8  current certification; and

10-9    3.  Provided classroom instruction during the 2000-2001 school year.

10-10  Sec. 13.  This act becomes effective on July 1, 2001.

 

10-11  H