S.B. 585
Senate Bill No. 585–Committee on Finance
June 3, 2001
____________
Referred to Committee on Finance
SUMMARY—Apportions state distributive school account in state general fund for 2001-2003 biennium. (BDR S‑1575)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Contains Appropriation included in Executive Budget.
~
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 public schools; apportioning the state distributive school account in the state general fund for the 2001-2003 biennium; authorizing certain expenditures; providing for a final adjustment following the close of a fiscal year; making various other changes concerning the administration of money for public schools; making an appropriation; 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. The basic support guarantee for school districts for
1-2 operating purposes for the 2001-2002 fiscal year is an estimated weighted
1-3 average of $3,897 per pupil. For each respective school district, the basic
1-4 support guarantee per pupil for the 2001-2002 fiscal year is:
1-5 Carson City........................................... $4,435
1-6 Churchill County.................................... $4,894
1-7 Clark County......................................... $3,731
1-8 Douglas County..................................... $4,135
1-9 Elko County.......................................... $4,781
1-10 Esmeralda County................................. $7,861
1-11 Eureka County...................................... $3,052
1-12 Humboldt County................................. $4,749
1-13 Lander County...................................... $4,314
1-14 Lincoln County..................................... $7,229
1-15 Lyon County........................................ $5,025
1-16 Mineral County..................................... $5,415
1-17 Nye County.......................................... $5,018
1-18 Pershing County................................... $5,706
2-1 Storey County....................................... $6,292
2-2 Washoe County..................................... $3,777
2-3 White Pine County................................. $5,596
2-4 Sec. 2. 1. The basic support guarantee for school districts for
2-5 operating purposes for the 2002-2003 fiscal year is an estimated weighted
2-6 average of $3,991 per pupil.
2-7 2. On or before April 1, 2002, the Department of Taxation shall
2-8 provide a certified estimate of the assessed valuation for each school
2-9 district for the 2002-2003 fiscal year. The assessed valuation for each
2-10 school district must be that which is taxable for purposes of providing
2-11 revenue to school districts, including any assessed valuation attributable to
2-12 the net proceeds of minerals derived from within the boundaries of the
2-13 district.
2-14 3. Pursuant to NRS 362.115, on or before April 25 of each year, the
2-15 Department of Taxation shall provide an estimate of the net proceeds of
2-16 minerals based upon statements required of mine operators.
2-17 4. For purposes of establishing the basic support guarantee, the
2-18 estimated basic support guarantees for each school district for the 2002-
2-19 2003 fiscal year for operating purposes are:
2-20 Basic Estimated
2-21 Support Basic
2-22 Guarantee Estimated Support
2-23 Before Ad ValoremGuarantee
2-24 School DistrictAdjustmentAdjustment as Adjusted
2-25 Carson City $3,904 $638 $4,542
2-26 Churchill County $4,560 $457 $5,017
2-27 Clark County$3,011 $807 $3,818
2-28 Douglas County$2,936 $1,288 $4,224
2-29 Elko County $4,388 $512 $4,900
2-30 Esmeralda County$5,378$2,648 $8,026
2-31 Eureka County$(6,512) $9,488 $2,976
2-32 Humboldt County$4,007 $854 $4,861
2-33 Lander County $2,881 $1,523 $4,404
2-34 Lincoln County $6,922 $493 $7,415
2-35 Lyon County $4,572 $577 $5,149
2-36 Mineral County $5,043 $509 $5,552
2-37 Nye County $4,309 $830 $5,139
2-38 Pershing County $4,869 $973 $5,842
2-39 Storey County $4,879 $1,555 $6,434
2-40 Washoe County $3,007 $857 $3,864
2-41 White Pine County$5,293 $445 $5,738
2-42 5. The ad valorem adjustment may be made only to take into account
2-43 the difference in the assessed valuation and the estimated enrollment of the
2-44 school district between the amount estimated as of April 1, 2001, and the
2-45 amount estimated as of April 1, 2002, for the 2002-2003 fiscal year.
2-46 Estimates of net proceeds of minerals received from the Department of
3-1 Taxation on or before April 25 pursuant to subsection 3 must be taken into
3-2 consideration in determining the adjustment.
3-3 6. Upon receipt of the certified estimates of assessed valuations as of
3-4 April 1, 2002, from the Department of Taxation, the Department of
3-5 Education shall recalculate the amount of ad valorem adjustment and the
3-6 tentative basic support guarantee for operating purposes for the 2002-2003
3-7 fiscal year by April 15, 2002. The final basic support guarantee for each
3-8 school district for the 2002-2003 fiscal year is the amount, which is
3-9 recalculated for the 2002-2003 fiscal year pursuant to this section, taking
3-10 into consideration estimates of net proceeds of minerals received from the
3-11 Department of Taxation on or before April 25, 2002. The basic support
3-12 guarantee recalculated pursuant to this section must be calculated before
3-13 May 31, 2002.
3-14 Sec. 3. 1. The basic support guarantee for each special education
3-15 program unit that is maintained and operated for at least 9 months of a
3-16 school year is $29,977 in the 2001-2002 fiscal year and $30,576 in the
3-17 2002-2003 fiscal year, except as limited by subsection 2.
3-18 2. The maximum number of units and amount of basic support for
3-19 special education program units within each of the school districts, before
3-20 any reallocation pursuant to NRS 387.1221, for the fiscal years 2001-2002
3-21 and 2002-2003 are:
3-22 Allocation of Special Education Units
3-23 2001-2002 2002-2003
3-24 DISTRICTUnits Amount Units Amount
3-25 Carson City 78 $2,338,206 80$2,446,080
3-26 Churchill County 43$1,289,011 44 $1,345,344
3-27 Clark County1,437$43,076,9491,519$46,444,944
3-28 Douglas County 61$1,828,597 62 $1,895,712
3-29 Elko County 80 $2,398,160 81$2,476,656
3-30 Esmeralda County 3$89,931 3 $91,728
3-31 Eureka County 4 $119,908 4 $122,304
3-32 Humboldt County 29$869,333 29 $886,704
3-33 Lander County14 $419,678 14 $428,064
3-34 Lincoln County17 $509,609 17 $519,792
3-35 Lyon County 52 $1,558,804 54$1,651,104
3-36 Mineral County10 $299,770 11 $336,336
3-37 Nye County 42 $1,259,034 44$1,345,344
3-38 Pershing County 14$419,678 14 $428,064
3-39 Storey County 8 $239,816 8 $244,608
3-40 Washoe County 451$13,519,627 471 $14,401,296
3-41 White Pine County 19$569,563 19 $580,944
3-42 Subtotal 2,362$70,805,674 2,474$75,645,024
3-43 Reserved by State
3-44 Board of Education 40$1,199,080 40 $1,223,040
3-45 TOTAL 2,402$72,004,754 2,514$76,868,064
3-46 3. The State Board of Education shall reserve 40 special education
3-47 program units in each fiscal year of the 2001-2003 biennium, to be
4-1 allocated to school districts by the State Board of Education to meet
4-2 additional needs that cannot be met by the allocations provided in
4-3 subsection 2 to school districts for that fiscal year. In addition, charter
4-4 schools in this state are authorized to apply directly to the Department of
4-5 Education for the reserved special education program units, which may
4-6 allocated upon approval of the State Board of Education.
4-7 4. Notwithstanding the provisions of subsections 2 and 3, the State
4-8 Board of Education is authorized to spend from the state distributive school
4-9 account up to $157,168 in the fiscal year 2001-2002 for 5.24 special
4-10 education program units and $167,321 in the fiscal year 2002-2003 for
4-11 5.47 special education program units for instructional programs
4-12 incorporating educational technology for gifted and talented pupils. Any
4-13 school district may submit a written application to the Department of
4-14 Education requesting one or more of the units for gifted and talented
4-15 pupils. For each fiscal year of the 2001-2003 biennium, the Department
4-16 will award the units for gifted and talented pupils based on a review of
4-17 applications received from school districts.
4-18 Sec. 4. 1. There is hereby appropriated from the state general fund
4-19 to the state distributive school account in the state general fund created
4-20 pursuant to NRS 387.030:
4-21 For the 2001-2002 fiscal year....... $496,299,288
4-22 For the 2002-2003 fiscal year....... $543,255,885
4-23 2. The money appropriated by subsection 1 must be:
4-24 (a) Expended in accordance with NRS 353.150 to 353.245, inclusive,
4-25 concerning the allotment, transfer, work program and budget; and
4-26 (b) Work-programmed for the 2 separate fiscal years, 2001-2002 and
4-27 2002-2003, as required by NRS 353.215. Work programs may be revised
4-28 with the approval of the Governor upon the recommendation of the Chief
4-29 of the Budget Division of the Department of Administration.
4-30 3. Transfers to and from allotments must be allowed and made in
4-31 accordance with NRS 353.215 to 353.225, inclusive, after separate
4-32 considerations of the merits of each request.
4-33 4. The sums appropriated by subsection 1 are available for either fiscal
4-34 year. Money may be transferred from one fiscal year to the other with the
4-35 approval of the Governor upon the recommendation of the Chief of the
4-36 Budget Division of the Department of Administration.
4-37 5. Any remaining balance of the appropriation made by subsection 1
4-38 for the 2001-2002 fiscal year must be transferred and added to the money
4-39 appropriated for the 2002-2003 fiscal year and may be expended as that
4-40 money is expended.
4-41 6. Any remaining balance of the appropriation made by subsection 1
4-42 for the 2002-2003 fiscal year, including any money added thereto pursuant
4-43 to the provisions of subsections 3 and 5, must not be committed for
4-44 expenditure after June 30, 2003, and reverts to the state general fund as
4-45 soon as all payments of money committed have been made.
4-46 Sec. 5. 1. Expenditure of $146,822,050 by the Department of
4-47 Education from money in the state distributive school account that was not
4-48 appropriated from the state general fund is hereby authorized during the
4-49 fiscal year beginning July 1, 2001.
5-1 2. Expenditure of $151,122,258 by the Department of Education from
5-2 money in the state distributive school account that was not appropriated
5-3 from the state general fund is hereby authorized during the fiscal year
5-4 beginning July 1, 2002.
5-5 3. For purposes of accounting and reporting, the sums authorized for
5-6 expenditure by subsections 1 and 2 are considered to be expended before
5-7 any appropriation is made to the state distributive school account from the
5-8 state general fund.
5-9 4. The money authorized to be expended by subsections 1 and 2 must
5-10 be expended in accordance with NRS 353.150 to 353.245, inclusive,
5-11 concerning the allotment, transfer, work program and budget. Transfers to
5-12 and from allotments must be allowed and made in accordance with NRS
5-13 353.215 to 353.225, inclusive, after separate consideration of the merits of
5-14 each request.
5-15 5. The Chief of the Budget Division of the Department of
5-16 Administration may, with the approval of the Governor, authorize the
5-17 augmentation of the amounts authorized for expenditure by the Department
5-18 of Education, in subsections 1 and 2, for the purpose of meeting obligations
5-19 of the state incurred under chapter 387 of NRS with amounts from any
5-20 other state agency, from any agency of local government, from any agency
5-21 of the Federal Government or from any other source that he determines is
5-22 in excess of the amount taken into consideration by this act. The Chief of
5-23 the Budget Division of the Department of Administration shall reduce any
5-24 authorization whenever he determines that money to be received will be
5-25 less than the amount authorized in subsections 1 and 2.
5-26 Sec. 6. During each of the fiscal years 2001-2002 and 2002-2003,
5-27 whenever the State Controller finds that current claims against the state
5-28 distributive school account in the state general fund exceed the amount
5-29 available in the account to pay those claims, he may advance temporarily
5-30 from the state general fund to the state distributive school account the
5-31 amount required to pay the claims, but not more than the amount expected
5-32 to be received in the current fiscal year from any source authorized for the
5-33 state distributive school account. No amount may be transferred unless
5-34 requested by the Chief of the Budget Division of the Department of
5-35 Administration.
5-36 Sec. 7. The Department of Education is hereby authorized to spend
5-37 from the state distributive school account the sums of $14,692,482 for the
5-38 2001-2002 fiscal year and $15,641,566 for the 2002-2003 fiscal year for
5-39 the support of courses which are approved by the Department of Education
5-40 as meeting the course of study for an adult standard high school diploma as
5-41 approved by the State Board of Education. In each fiscal year of the 2001-
5-42 2003 biennium, the sum authorized must be allocated among the various
5-43 school districts in accordance with a plan or formula developed by the
5-44 Department of Education to ensure the money is distributed equitably and
5-45 in a manner that permits accounting for the expenditures of school districts.
5-46 Sec. 8. The Department of Education is hereby authorized to provide
5-47 from the state distributive school account the sum of $50,000 to each of the
5-48 17 school districts in each fiscal year of the 2001-2003 biennium to support
5-49 special counseling services for elementary school pupils at risk of failure.
6-1 Sec. 9. The amounts of the guarantees set forth in sections 1 and 2 of
6-2 this act may be reduced to effectuate a reserve required pursuant to NRS
6-3 353.225.
6-4 Sec. 10. 1. The Department of Education shall transfer from the
6-5 state distributive school account to the school districts specified in this
6-6 section the following sums for fiscal years 2001-2002 and 2002-2003:
6-7 School District 2001-2002 2002-2003
6-8 Clark County School District$2,130,044$2,500,456
6-9 Douglas County School District$740,885$869,724
6-10 Elko County School District$787,190 $924,082
6-11 Washoe County School District$972,411 $1,141,513
6-12 $4,630,530 $5,435,775
6-13 2. A school district that receives an allocation pursuant to subsection 1
6-14 shall use the money to maintain and continue the operation of a regional
6-15 training program for the professional development of teachers and
6-16 administrators initially established by the school district pursuant tosection
6-17 16 of chapter 559, Statutes of Nevada 1999, at page 2930.
6-18 3. Any remaining balance of the transfers made by subsection 1 for the
6-19 2001-2002 fiscal year must be added to the money received by the school
6-20 districts for the 2002-2003 fiscal year and may be expended as that money
6-21 is expended. Any remaining balance of the transfers made by subsection 1
6-22 for the 2001-2002 fiscal year, including any money added from the transfer
6-23 for the previous fiscal year, must not be committed for expenditure after
6-24 June 30, 2003, and reverts to the state distributive school account as soon
6-25 as all payments of money committed have been made.
6-26 Sec. 11. The Legislative Bureau of Educational Accountability and
6-27 Program Evaluation is hereby authorized to receive from the state
6-28 distributive school account to spend for an evaluation of the regional
6-29 training programs for the professional development of teachers and
6-30 administrators, initially established pursuant to section 16 of chapter 559,
6-31 Statutes of Nevada 1999, at page 2930:
6-32 For the fiscal year 2001-2002............... $65,000
6-33 For the fiscal year 2002-2003............... $65,000
6-34 2. Any remaining balance of the sums authorized for expenditure by
6-35 subsection 1 for the 2001-2002 fiscal year must be added to the money
6-36 authorized for expenditure for the 2002-2003 fiscal year and may be
6-37 expended as that money is expended. Any remaining balance of the sums
6-38 authorized for expenditure pursuant tosubsection 1 for the 2001-2002
6-39 fiscal year, including any money added from the authorization for the
6-40 previous fiscal year, must not be committed for expenditure after June 30,
6-41 2003, and reverts to the state distributive school account as soon as all
6-42 payments of money committed have been made.
6-43 Sec. 12. 1. The Department of Education shall transfer from the
6-44 state distributive school account to the school districts specified in this
6-45 section the following sums for fiscal years 2001-2002 and 2002-2003:
7-1 School District 2001-2002 2002-2003
7-2 Clark County School District$2,754,339$2,754,339
7-3 Douglas County School District $347,814 $347,814
7-4 Elko County School District$432,612$432,612
7-5 Washoe County School District $900,235 $900,235
7-6 $4,435,000 $4,435,000
7-7 2. A school district that receives an allocation pursuant to subsection 1:
7-8 (a) Shall use the money to establish a Nevada Early Literacy
7-9 Intervention Program, through the regional training program initially
7-10 established by the school district pursuant to section 16 of chapter 559,
7-11 Statutes of Nevada 1999, at page 2930, for the purpose of providing
7-12 training for teachers who teach kindergarten and grades 1, 2 and 3, on
7-13 methods to teach fundamental reading skills, including, without limitation:
7-14 (1) Phonemic awareness;
7-15 (2) Phonics;
7-16 (3) Vocabulary;
7-17 (4) Fluency;
7-18 (5) Comprehension; and
7-19 (6) Motivation.
7-20 (b) Shall use the money for purposes of the Nevada Early Literacy
7-21 Intervention Program, upon approval of the governing body of the regional
7-22 training program, including, without limitation, paying:
7-23 (1) The salaries and travel expenses of staff and other personnel
7-24 necessary to the operation of the Nevada Early Literacy Intervention
7-25 Program;
7-26 (2) Related administrative expenses; and
7-27 (3) The costs incurred to acquire equipment and space to operate the
7-28 Nevada Early Literacy Intervention Program.
7-29 (c) Shall use the money to pay for the travel expenses of teachers who
7-30 attend the regional training program for purposes of the Nevada Early
7-31 Literacy Intervention Program.
7-32 (d) May use the money to provide incentives for teachers to attend the
7-33 regional training program for purposes of the Nevada Early Literacy
7-34 Intervention Program, including, without limitation, the:
7-35 (1) Arrangement for credit toward renewal of a license or an
7-36 endorsement for a license;
7-37 (2) Provision of books, supplies or instructional materials for the
7-38 classroom; and
7-39 (3) Provision of stipends.
7-40 (e) Shall use the money to supplement and not replace the money that
7-41 the school district or regional training program would otherwise expend for
7-42 training for early literacy programs as described in this section.
7-43 3. The training required pursuant to paragraph (a) of subsection 2
7-44 must:
7-45 (a) Include appropriate procedures to ensure follow-up training for
7-46 teachers who have received training through the Nevada Early Literacy
7-47 Intervention Program.
7-48 (b) Incorporate training that addresses the educational needs of:
8-1 (1) Pupils with disabilities who participate in programs of special
8-2 education; and
8-3 (2) Pupils whose primary language is not English.
8-4 4. The governing body of each regional training program shall:
8-5 (a) Prepare and maintain a list that identifies programs for the Nevada
8-6 Early Literacy Intervention Program that successfully incorporate
8-7 fundamental reading skills. The governing body shall provide a copy of the
8-8 list on an annual basis to school districts for dissemination to teachers and
8-9 administrators.
8-10 (b) Establish a method for the evaluation of the success of the Nevada
8-11 Early Literacy Intervention Program.
8-12 (c) On or before July 1 of each year, submit an annual report to the
8-13 Governor, State Board of Education, Council to Establish Academic
8-14 Standards for Public Schools, Legislative Committee on Education and
8-15 Legislative Bureau of Educational Accountability and Program Evaluation
8-16 that includes:
8-17 (1) The type of training offered through the Nevada Early Literacy
8-18 Intervention Program in the immediately preceding year;
8-19 (2) The number of teachers, by grade, who received training through
8-20 the Nevada Early Literacy Intervention Program in the immediately
8-21 preceding year; and
8-22 (3) An evaluation of the success of the Nevada Early Literacy
8-23 Intervention Program in accordance with the method established pursuant
8-24 to paragraph (b).
8-25 5. The board of trustees of each school district shall submit an annual
8-26 report to the Governor, State Board of Education, Council to Establish
8-27 Academic Standards for Public Schools, Legislative Committee on
8-28 Education and Legislative Bureau of Educational Accountability and
8-29 Program Evaluation that includes for the immediately preceding year:
8-30 (a) The number of teachers, by grade, employed by the school district
8-31 who received training through the Nevada Early Literacy Intervention
8-32 Program; and
8-33 (b) An evaluation of whether that training successfully incorporated the
8-34 fundamental reading skills set forth in paragraph (a) of subsection 2.
8-35 6. Any remaining balance of the transfers made by subsection 1 for the
8-36 2001-2002 fiscal year must be added to the money received by the school
8-37 districts for the 2002-2003 fiscal year and may be expended as that money
8-38 is expended. Any remaining balance of the transfers made by subsection 1
8-39 for the 2002-2003 fiscal year, including any money added from the transfer
8-40 for the previous fiscal year, must not be committed for expenditure after
8-41 June 30, 2003, and reverts to the state distributive school account as soon
8-42 as all payments of money committed have been made.
8-43 Sec. 13. 1. The Legislative Bureau of Educational Accountability
8-44 and Program Evaluationis hereby authorized to receive from the state
8-45 distributive school account to spend for an evaluation of the Nevada Early
8-46 Literacy Intervention Program established pursuant to section 12 of this
8-47 act:
8-48 For the fiscal year 2001-2002............... $65,000
8-49 For the fiscal year 2002-2003............... $65,000
9-1 2. The Legislative Bureau of Educational Accountability and Program
9-2 Evaluation shall, after consulting with the Statewide Council for the
9-3 Coordination of the Regional Training Programs, if applicable, use the
9-4 money authorized by subsection 1 to hire a qualified, independent
9-5 consultant to conduct an evaluation of the effectiveness of the Nevada
9-6 Early Literacy Intervention Program.
9-7 3. The evaluation must include, without limitation, a review of the
9-8 annual reports submitted by the governing body of each regional training
9-9 program pursuant to subsection 4 of section 12 of this act and the annual
9-10 reports submitted by the board of trustees of each school district pursuant
9-11 to subsection 5 of section 12 of this act.
9-12 4. On or before February 1, 2003, the consultant shall submit a written
9-13 report of the results of his evaluation to the Legislative Bureau of
9-14 Educational Accountability and Program Evaluation. On or before
9-15 February 19, 2003, the Legislative Bureau of Educational Accountability
9-16 and Program Evaluation shall submit a copy of the written evaluation,
9-17 including any recommendations for legislation, to the Director of the
9-18 Legislative Counsel Bureau for transmission to the 72nd session of the
9-19 Nevada Legislature.
9-20 5. Any remaining balance of the sums authorized for expenditure by
9-21 subsection 1 for the 2001-2002 fiscal year must be added to the money
9-22 authorized for the 2002-2003 fiscal year and may be expended as that
9-23 money is expended. Any remaining balance of the transfers made by
9-24 subsection 1 for the 2001-2002 fiscal year, including any money added
9-25 from the authorization for the previous fiscal year, must not be committed
9-26 for expenditure after June 30, 2003, and reverts to the state distributive
9-27 school account as soon as all payments of money committed have been
9-28 made.
9-29 Sec. 14. 1. The Department of Education shall transfer from the
9-30 state distributive school account the following sums for remedial education
9-31 programs for schools that have been designated as demonstrating need for
9-32 improvement and certain schools that have been designated as
9-33 demonstrating adequate achievement:
9-34 For the fiscal year 2001-2002.......... $5,750,000
9-35 For the fiscal year 2002-2003.......... $5,750,000
9-36 The money allocated must be used to provide remedial education programs
9-37 that have been approved by the Department as being effective in improving
9-38 pupil achievement.
9-39 2. A school may submit an application to the Department of Education
9-40 for transmission to the State Board of Examiners for an allocation from the
9-41 amount authorized by subsection 1 if the school:
9-42 (a) Receives a designation as demonstrating need for improvement
9-43 pursuant to NRS 385.367.
9-44 (b) Did not receive a designation because the school had too few pupils
9-45 enrolled in a grade level that is tested pursuant to NRS 389.015, but the test
9-46 scores of the pupils indicate that the school would have received a
9-47 designation as demonstrating need for improvement.
9-48 (c) Receives a designation as demonstrating adequate achievement, but
9-49 more than 40 percent of the pupils enrolled in the school received an
10-1 average score below the 26th percentile on one or more of the four subjects
10-2 tested pursuant to NRS 389.015.
10-3 (d) Was designated as demonstrating need for improvement pursuant to
10-4 NRS 385.367 in the immediately preceding school year.
10-5 3. The Department of Education shall, in consultation with the Budget
10-6 Division of the Department of Administration and the Legislative Bureau
10-7 of Educational Accountability and Program Evaluation, develop a form for
10-8 such applications. The form must include, without limitation, a notice that:
10-9 (a) Money received by a school to implement or continue remedial
10-10 education programs that have been approved by the Department as being
10-11 effective in improving pupil achievement will be used to implement or
10-12 continue the programs in a manner that has been approved by the vendor of
10-13 the remedial program; and
10-14 (b) If money is authorized for programs of remedial study for the 2003-
10-15 2005 biennium by the 72nd session of the Nevada Legislature, a school
10-16 that:
10-17 (1) Receives a designation as demonstrating adequate achievement;
10-18 (2) Has received an allocation for programs of remedial study for the
10-19 immediately preceding 2 years; and
10-20 (3) Applies for an allocation for a third consecutive year,
10-21 may be required to match the allocation equally with other money available
10-22 to the school.
10-23 4. Upon receipt of an application submitted pursuant to subsection 2,
10-24 the Department of Education shall review the application jointly with the
10-25 Budget Division of the Department of Administration and the Legislative
10-26 Bureau of Educational Accountability and Program Evaluation. The
10-27 Department of Education shall transmit the application to the State Board
10-28 of Examiners with the recommendation of the Department of Education
10-29 concerning the allocation of money based upon each application so
10-30 received. The State Board of Examiners, or the Clerk of the Board if
10-31 authorized by the Board to act on its behalf, shall consider each such
10-32 application and, if it finds that an allocation should be made, recommend
10-33 the amount of the allocation to the Interim Finance Committee. The Interim
10-34 Finance Committee shall consider each such recommendation, but is not
10-35 bound to follow the recommendation of the State Board of Examiners
10-36 when determining the allocation to be received by a school. In determining
10-37 the amount of the allocation, the State Board of Examiners and the Interim
10-38 Finance Committee shall consider:
10-39 (a) The total number of pupils enrolled in the school who failed to
10-40 demonstrate at least adequate achievement on the examinations
10-41 administered pursuant to NRS 389.015;
10-42 (b) The number of subjects tested pursuant to NRS 389.015 on which
10-43 more than 40 percent of the pupils enrolled in the school received an
10-44 average score below the 26th percentile; and
10-45 (c) The financial need of the particular school.
10-46 6. In addition to the considerations set forth in subsection 5, in
10-47 determining whether to approve an application for a school that has
10-48 received an allocation in the immediately preceding year and in
10-49 determining the amount of the allocation for such a school, the State Board
11-1 of Examiners and the Interim Finance Committee shall consider whether
11-2 the school has carried out the program of remedial study for which it
11-3 received an allocation in a manner that has been approved by the vendor of
11-4 the remedial program and whether the program has been successful, as
11-5 measured by the academic achievement of the pupils enrolled in the school
11-6 on the examinations administered pursuant to NRS 389.015 and any
11-7 assessments related to the program of remedial study.
11-8 7. A school that receives an allocation of money pursuant to this
11-9 section shall use the money to:
11-10 (a) Pay the costs incurred by the school in providing the program of
11-11 remedial study required by NRS 385.389. The money must first be applied
11-12 to those pupils who the school determines are performing at a level that
11-13 poses the highest risk of failure.
11-14 (b) Pay for the salaries, training or other compensation of teachers and
11-15 other educational personnel to provide the program of remedial study,
11-16 instructional materials required for the program of remedial study,
11-17 equipment necessary to offer the program of remedial study and all other
11-18 additional operating costs attributable to the program of remedial study, to
11-19 the extent that the training, materials and equipment are those that are
11-20 approved by the vendor of theremedial program.
11-21 (c) Supplement and not replace the money the school would otherwise
11-22 expend for programs of remedial study.
11-23 8. Before a school amends a plan for expenditure of an allocation of
11-24 money received pursuant to this section, the school district in which the
11-25 school is located must submit the proposed amendment to the Department
11-26 of Education to receive approval from the Department of Education, the
11-27 Budget Division of the Department of Administration and the Legislative
11-28 Bureau of Educational Accountability and Program Evaluation, or the
11-29 Interim Finance Committee.
11-30 9. The sums authorized for expenditure in subsection 1 are available for
11-31 either fiscal year. Any remaining balance of those sums must not be
11-32 committed for expenditure after June 30, 2003, and reverts to the state
11-33 distributive school account as soon as all payments of money committed
11-34 have been made.
11-35 Sec. 15. 1. The Department of Education shall transfer from the state
11-36 distributive school account the following sums for programs of remedial
11-37 education or tutoring for pupils who need additional instructional time to
11-38 pass or to reach a level considered proficient:
11-39 For the fiscal year 2001-2002.......... $1,000,000
11-40 For the fiscal year 2002-2003.......... $1,000,000
11-41 The programs for which money is provided pursuant to this section must be
11-42 conducted before or after school, on weekends, during the summer or
11-43 between sessions in schools with year-round school calendars.
11-44 2. To receive an allocation from the amounts transferred pursuant to
11-45 subsection 1, a school district must submit an application to the
11-46 Department of Education containing a written plan for providing a program
11-47 of remedial education or tutoring. The written plan must include:
11-48 (a) The estimated number of pupils that will participate in the program;
11-49 (b) The curriculum that will be taught;
12-1 (c) A schedule of the course work or tutoring to be conducted under the
12-2 program;
12-3 (d) A plan for evaluating the effectiveness of the program; and
12-4 (e) A budget for the program.
12-5 3. Upon receipt of an application submitted pursuant to subsection 2,
12-6 the Department of Education shall review the application jointly with the
12-7 Budget Division of the Department of Administration and the Legislative
12-8 Bureau of Educational Accountability and Program Evaluation. The
12-9 Department of Education shall transmit the application to the State Board
12-10 of Examiners with the recommendation of the Department of Education
12-11 concerning the allocation of money based upon each application so
12-12 received. The State Board of Examiners, or the Clerk of the Board if
12-13 authorized by the Board to act on its behalf, shall consider each such
12-14 application and, if it finds that an allocation should be made, recommend
12-15 the amount of the allocation to the Interim Finance Committee. The Interim
12-16 Finance Committee shall consider each such recommendation, but is not
12-17 bound to follow the recommendation of the State Board of Examiners
12-18 when determining the allocation to be received by a school district.
12-19 4. A school district that receives an allocation of money pursuant to this
12-20 section shall use the money to:
12-21 (a) Provide a program of remedial education or tutoring that has been
12-22 approved by the Department of Education as being effective in improving
12-23 pupil achievement.
12-24 (b) Pay the costs incurred by the school district in providing the
12-25 program of remedial education or tutoring. The money must first be
12-26 applied to those pupils who the school district determines are performing at
12-27 a level which poses the highest risk of failure.
12-28 (c) Pay for the salaries, training or other compensation of teachers and
12-29 other educational personnel to provide the program of remedial education
12-30 or tutoring, instructional materials required for the program, equipment
12-31 necessary to offer the program and all other additional operating costs
12-32 attributable to the program.
12-33 (d) Supplement and not replace the money the school district would
12-34 otherwise expend for programs of remedial education or tutoring.
12-35 5. Before a school district amends a plan for expenditure of an
12-36 allocation of money received pursuant to this section, the school district
12-37 must submit the proposed amendment to the Department of Education to
12-38 receive approval from the Department of Education, the Budget Division
12-39 of the Department of Administration and the Legislative Bureau of
12-40 Educational Accountability and Program Evaluation, or the Interim
12-41 Finance Committee.
12-42 6. The sums transferred pursuant to subsection 1 are available for either
12-43 fiscal year. Any remaining balance of those sums must not be committed
12-44 for expenditure after June 30, 2003, and reverts to the state distributive
12-45 school account as soon as all payments of money committed have been
12-46 made.
13-1 Sec. 16. 1. The Department of Education is hereby authorized to
13-2 transfer from the state distributive school account the sum of $500,000 for
13-3 the fiscal year 2001-2002 for the school to careers program created
13-4 pursuant to NRS 388.367 and 388.368.
13-5 2. The Department of Education shall use themoney authorized by
13-6 subsection 1 for allocation to school districts, charter schools, and
13-7 universities and community colleges within the University and Community
13-8 College System of Nevadain accordance with NRS 388.368.
13-9 3. Any balance of the sum authorized for expenditure by subsection 1
13-10 must not be committed for expenditure after June 30, 2002,and reverts to
13-11 the state distributive school accountas soon as all payments of money
13-12 committed have been made.
13-13 Sec. 17. 1. The Department of Education shall transfer from the
13-14 state distributive school account the following sums for early childhood
13-15 education:
13-16 For the fiscal year 2001-2002.......... $3,500,000
13-17 For the fiscal year 2002-2003.......... $3,500,000
13-18 2. The money transferred by subsection 1 must be used by the
13-19 Department of Education for competitive state grants to school districts and
13-20 community-based organizations for early childhood education programs.
13-21 3. To receive a grant of money pursuant to subsection 2, school
13-22 districts and community-based organizations must submit a comprehensive
13-23 plan to the Department of Education that includes, without limitation:
13-24 (a) A detailed description of the proposed early childhood education
13-25 program;
13-26 (b) A description of the manner in which the money will be used, which
13-27 must supplement and not replace the money that would otherwise be
13-28 expended for early childhood education programs; and
13-29 (c) A plan for evaluation of the program to determine the effectiveness
13-30 of the program on the academic achievement of children who participate in
13-31 the program.
13-32 4. A school district or community-based organization that receives a
13-33 grant of money shall:
13-34 (a) Use the money to initiate or expand pre-kindergarten education
13-35 programs that meet the criteria set forth in the publication of the
13-36 Department of Education, entitled “August 2000 Public Support for Pre-
13-37 kindergarten Education For School Readiness in Nevada.”
13-38 (b) Use the money to supplement and not replace the money that the
13-39 school district or community-based organization would otherwise expend
13-40 for early childhood education programs, as described in this section.
13-41 (c) Submit an evaluation of the program in accordance with the plan
13-42 submitted pursuant to paragraph (c) of subsection 3.
13-43 5. The Department of Education shall develop statewide performance
13-44 and outcome indicators to measure the effectiveness of the early childhood
13-45 education programs for which grants of money were awarded pursuant to
13-46 this section. The indicators must include, without limitation:
13-47 (a) Measures of the developmental progress of children before and after
13-48 their completion of the program;
14-1 (b) Measures of parental involvement in the program before and after
14-2 completion of the program; and
14-3 (c) The percentage of participants who drop out of the program before
14-4 completion.
14-5 6. The Department of Education shall review the evaluations of the
14-6 early childhood education programs submitted by each school district and
14-7 community-based organization pursuant to paragraph (c) of subsection 4
14-8 and prepare a compilation of the evaluations for inclusion in the report
14-9 submitted pursuant to subsection 7.
14-10 7. The Department of Education shall, on an annual basis, provide a
14-11 written report to the Governor, Legislative Committee on Education and
14-12 the Legislative Bureau of Educational Accountability and Program
14-13 Evaluation regarding the effectiveness of the early childhood programs for
14-14 which grants of money were received. The report must include, without
14-15 limitation:
14-16 (a) The number of grants awarded;
14-17 (b) An identification of each school district and community-based
14-18 organization that received a grant of money and the amount of each grant
14-19 awarded;
14-20 (c) For each school district and community based-organization that
14-21 received a grant of money:
14-22 (1) The number of children who received services through a program
14-23 funded by the grant; and
14-24 (2) The average per child expenditure for the program;
14-25 (d) A compilation of the evaluations reviewed pursuant to subsection 6
14-26 that includes, without limitation:
14-27 (1) A summary of the data showing the effectiveness of the different
14-28 programs; and
14-29 (2) A description of the programs in this state that are the most
14-30 effective; and
14-31 (e) Any recommendations for legislation.
14-32 8. Any balance of the sums transferred pursuant to subsection 1
14-33 remaining at the end of the respective fiscal years must not be committed
14-34 for expenditure after June 30 of the respective fiscal years and reverts to
14-35 the state distributive school account as soon as all payments of money
14-36 committed have been made.
14-37 Sec. 18. The sums appropriated or authorized in sections 10 to 17,
14-38 inclusive, of this act:
14-39 1. Must be accounted for separately from any other money received by
14-40 the school districts of this state and used only for the purposes specified in
14-41 the applicable section of this act.
14-42 2. May not be used to settle or arbitrate disputes between a recognized
14-43 organization representing employees of a school district and the school
14-44 district, or to settle any negotiations.
14-45 3. May not be used to adjust the district-wide schedules of salaries and
14-46 benefits of the employees of a school district.
14-47 Sec. 19. 1. The Department of Education shall transfer from the
14-48 state distributive school account the following sums for special
14-49 transportation costs to school districts:
15-1 For the 2001-2002 school year............... 44,675
15-2 For the 2002-2003 school year............. $44,675
15-3 2. Pursuant to NRS 392.015, the Department of Educationshall use the
15-4 money transferred in subsection 1 to reimburse school districts for the
15-5 additional costs of transportation for pupils to a school outside the school
15-6 district in which his residence is located.
15-7 Sec. 20. As initially established by section 27 of chapter 559, Statutes
15-8 of Nevada 1999, at page 2943, estate tax receipts must be deposited into
15-9 the fund for school improvement and an amount not to exceed $13,891,737
15-10 in fiscal year 1999-2000 and $16,767,624 in fiscal year 2000-2001 must be
15-11 transferred from the fund for school improvement to the state distributive
15-12 school account.
15-13 Sec. 21. Each school district shall expend the revenue made available
15-14 through this act, as well as other revenue from state, local and federal
15-15 sources, in a manner that is designed to attain the goals of the Legislature
15-16 regarding educational reform in this state, especially with regard to
15-17 assisting pupils in need of remediation and pupils who are not proficient in
15-19 Sec. 22. 1. This section and section 20 of this act become effective
15-20 upon passage and approval.
15-21 2. Sections 1 to 19, inclusive, and 21 of this act become effective on
15-22 July 1, 2001.
15-23 H