Senate Bill No. 585–Committee on Finance

 

CHAPTER..........

 

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:

 

   Section 1. The basic support guarantee for school districts for

 operating purposes for the 2001-2002 fiscal year is an estimated weighted

 average of $3,897 per pupil. For each respective school district, the basic

 support guarantee per pupil for the 2001-2002 fiscal year is:

             

Carson City.............................................. $4,435

Churchill County....................................... $4,894

Clark County............................................ $3,731

Douglas County........................................ $4,135

Elko County............................................. $4,781

Esmeralda County..................................... $7,861

Eureka County.......................................... $3,052

Humboldt County..................................... $4,749

Lander County.......................................... $4,314

Lincoln County......................................... $7,229

Lyon County............................................ $5,025

Mineral County......................................... $5,415

Nye County.............................................. $5,018

Pershing County....................................... $5,706

Storey County.......................................... $6,292

Washoe County........................................ $3,777

White Pine County.................................... $5,596

 

   Sec. 2.  1.  The basic support guarantee for school districts for

 operating purposes for the 2002-2003 fiscal year is an estimated weighted

 average of $3,991 per pupil.

   2.  On or before April 1, 2002, the Department of Taxation shall

 provide a certified estimate of the assessed valuation for each school

 district for the 2002-2003 fiscal year. The assessed valuation for each

 school district must be that which is taxable for purposes of providing

 revenue to school districts, including any assessed valuation attributable to

 the net proceeds of minerals derived from within the boundaries of the

 district.

   3.  Pursuant to NRS 362.115, on or before April 25 of each year, the

 Department of Taxation shall provide an estimate of the net proceeds of

 minerals based upon statements required of mine operators.


   4.  For purposes of establishing the basic support guarantee, the

estimated basic support guarantees for each school district for the 2002

-2003 fiscal year for operating purposes are:

 

                               Basic                          Estimated

                             Support                           Basic

                           Guarantee    Estimated     Support

                              Before     Ad ValoremGuarantee

    School DistrictAdjustment  Adjustmentas Adjusted

Carson City      $3,904           $638         $4,542

Churchill County $4,560         $457         $5,017

Clark County    $3,011           $807         $3,818

Douglas County$2,936        $1,288         $4,224

Elko County     $4,388           $512         $4,900

Esmeralda County$5,378     $2,648         $8,026

Eureka County$(6,512)        $9,488         $2,976

Humboldt County$4,007        $854         $4,861

Lander County $2,881        $1,523         $4,404

Lincoln County $6,922           $493         $7,415

Lyon County    $4,572           $577         $5,149

Mineral County $5,043           $509         $5,552

Nye County      $4,309           $830         $5,139

Pershing County $4,869         $973         $5,842

Storey County $4,879        $1,555         $6,434

Washoe County $3,007          $857         $3,864

White Pine County$5,293       $445         $5,738

 

   5.  The ad valorem adjustment may be made only to take into account

 the difference in the assessed valuation and the estimated enrollment of the

 school district between the amount estimated as of April 1, 2001, and the

 amount estimated as of April 1, 2002, for the 2002-2003 fiscal year.

 Estimates of net proceeds of minerals received from the Department of

 Taxation on or before April 25 pursuant to subsection 3 must be taken into

 consideration in determining the adjustment.

   6.  Upon receipt of the certified estimates of assessed valuations as of

 April 1, 2002, from the Department of Taxation, the Department of

 Education shall recalculate the amount of ad valorem adjustment and the

 tentative basic support guarantee for operating purposes for the 2002-2003

 fiscal year by April 15, 2002. The final basic support guarantee for each

 school district for the 2002-2003 fiscal year is the amount, which is

 recalculated for the 2002-2003 fiscal year pursuant to this section, taking

 into consideration estimates of net proceeds of minerals received from the

 Department of Taxation on or before April 25, 2002. The basic support

 guarantee recalculated pursuant to this section must be calculated before

 May 31, 2002.

   Sec. 3.  1.  The basic support guarantee for each special education

 program unit that is maintained and operated for at least 9 months of a

 school year is $29,977 in the 2001-2002 fiscal year and $30,576 in the

 2002-2003 fiscal year, except as limited by subsection 2.


   2.  The maximum number of units and amount of basic support for

special education program units within each of the school districts, before

 any reallocation pursuant to NRS 387.1221, for the fiscal years 2001-2002

 and 2002-2003 are:

 

                                    Allocation of Special Education Units

                                2001-2002                2002-2003

DISTRICT    Units      Amount    Units    Amount

Carson City       78   $2,338,206       80$2,446,080

Churchill County43  $1,289,011       44$1,345,344

Clark County1,437$43,076,949   1,519$46,444,944

Douglas County 61  $1,828,597       62$1,895,712

Elko County      80   $2,398,160       81$2,476,656

Esmeralda County3      $89,931         3     $91,728

Eureka County    4      $119,908         4   $122,304

Humboldt County                 29$869,333          29   $886,704

Lander County  14      $419,678       14   $428,064

Lincoln County17      $509,609       17   $519,792

Lyon County     52   $1,558,804       54$1,651,104

Mineral County  10      $299,770       11   $336,336

Nye County       42   $1,259,034       44$1,345,344

Pershing County 14    $419,678       14   $428,064

Storey County     8      $239,816         8   $244,608

Washoe County 451$13,519,627    471$14,401,296

White Pine County                19$569,563          19   $580,944

Subtotal        2,362$70,805,674   2,474$75,645,024

Reserved by State

Board of Education              40$1,199,080        40   $1,223,040

TOTAL        2,402$72,004,754   2,514$76,868,064

 

   3.  The State Board of Education shall reserve 40 special education

 program units in each fiscal year of the 2001-2003 biennium, to be

 allocated to school districts by the State Board of Education to meet

 additional needs that cannot be met by the allocations provided in

 subsection 2 to school districts for that fiscal year. In addition, charter

 schools in this state are authorized to apply directly to the Department of

 Education for the reserved special education program units, which may

 allocated upon approval of the State Board of Education.

   4.  Notwithstanding the provisions of subsections 2 and 3, the State

 Board of Education is authorized to spend from the state distributive

 school account up to $157,168 in the fiscal year 2001-2002 for 5.24

 special education program units and $167,321 in the fiscal year 2002-2003

 for 5.47 special education program units for instructional programs

 incorporating educational technology for gifted and talented pupils. Any

 school district may submit a written application to the Department of

 Education requesting one or more of the units for gifted and talented

 pupils. For each fiscal year of the 2001-2003 biennium, the Department

 will award the units for gifted and talented pupils based on a review of

 applications received from school districts.


   Sec. 4.  1.  There is hereby appropriated from the state general fund

to the state distributive school account in the state general fund created

 pursuant to NRS 387.030:

For the 2001-2002 fiscal year........... $496,299,288

For the 2002-2003 fiscal year........... $543,255,885

   2.  The money appropriated by subsection 1 must be:

   (a) Expended in accordance with NRS 353.150 to 353.245, inclusive,

 concerning the allotment, transfer, work program and budget; and

   (b) Work-programmed for the 2 separate fiscal years, 2001-2002 and

 2002-2003, as required by NRS 353.215. Work programs may be revised

 with the approval of the Governor upon the recommendation of the Chief

 of the Budget Division of the Department of Administration.

   3.  Transfers to and from allotments must be allowed and made in

 accordance with NRS 353.215 to 353.225, inclusive, after separate

 considerations of the merits of each request.

   4.  The sums appropriated by subsection 1 are available for either fiscal

 year. Money may be transferred from one fiscal year to the other with the

 approval of the Governor upon the recommendation of the Chief of the

 Budget Division of the Department of Administration.

   5.  Any remaining balance of the appropriation made by subsection 1

 for the 2001-2002 fiscal year must be transferred and added to the money

 appropriated for the 2002-2003 fiscal year and may be expended as that

 money is expended.

   6.  Any remaining balance of the appropriation made by subsection 1

 for the 2002-2003 fiscal year, including any money added thereto pursuant

 to the provisions of subsections 3 and 5, must not be committed for

 expenditure after June 30, 2003, and reverts to the state general fund as

 soon as all payments of money committed have been made.

   Sec. 5.  1.  Expenditure of $146,822,050 by the Department of

 Education from money in the state distributive school account that was not

 appropriated from the state general fund is hereby authorized during the

 fiscal year beginning July 1, 2001.

   2.  Expenditure of $151,122,258 by the Department of Education from

 money in the state distributive school account that was not appropriated

 from the state general fund is hereby authorized during the fiscal year

 beginning July 1, 2002.

   3.  For purposes of accounting and reporting, the sums authorized for

 expenditure by subsections 1 and 2 are considered to be expended before

 any appropriation is made to the state distributive school account from the

 state general fund.

   4.  The money authorized to be expended by subsections 1 and 2 must

 be expended in accordance with NRS 353.150 to 353.245, inclusive,

 concerning the allotment, transfer, work program and budget. Transfers to

 and from allotments must be allowed and made in accordance with NRS

 353.215 to 353.225, inclusive, after separate consideration of the merits of

 each request.

   5.  The Chief of the Budget Division of the Department of

 Administration may, with the approval of the Governor, authorize the

 augmentation of the amounts authorized for expenditure by the

 Department of Education, in subsections 1 and 2, for the purpose of

 meeting obligations


of the state incurred under chapter 387 of NRS with amounts from any

other state agency, from any agency of local government, from any agency

 of the Federal Government or from any other source that he determines is

 in excess of the amount taken into consideration by this act. The Chief of

 the Budget Division of the Department of Administration shall reduce any

 authorization whenever he determines that money to be received will be

 less than the amount authorized in subsections 1 and 2.

   Sec. 6.  During each of the fiscal years 2001-2002 and 2002-2003,

 whenever the State Controller finds that current claims against the state

 distributive school account in the state general fund exceed the amount

 available in the account to pay those claims, he may advance temporarily

 from the state general fund to the state distributive school account the

 amount required to pay the claims, but not more than the amount expected

 to be received in the current fiscal year from any source authorized for the

 state distributive school account. No amount may be transferred unless

 requested by the Chief of the Budget Division of the Department of

 Administration.

   Sec. 7.  The Department of Education is hereby authorized to spend

 from the state distributive school account the sums of $14,692,482 for the

 2001-2002 fiscal year and $15,641,566 for the 2002-2003 fiscal year for

 the support of courses which are approved by the Department of Education

 as meeting the course of study for an adult standard high school diploma

 as approved by the State Board of Education. In each fiscal year of the

 2001-2003 biennium, the sum authorized must be allocated among the

 various school districts in accordance with a plan or formula developed by

 the Department of Education to ensure the money is distributed equitably

 and in a manner that permits accounting for the expenditures of school

 districts.

   Sec. 8.  The Department of Education is hereby authorized to provide

 from the state distributive school account the sum of $50,000 to each of

 the 17 school districts in each fiscal year of the 2001-2003 biennium to

 support special counseling services for elementary school pupils at risk of

 failure.

   Sec. 9.  The amounts of the guarantees set forth in sections 1 and 2 of

 this act may be reduced to effectuate a reserve required pursuant to NRS

 353.225.

   Sec. 10.  1.  The Department of Education shall transfer from the

 state distributive school account to the school districts specified in this

 section the following sums for fiscal years 2001-2002 and 2002-2003:

 

School District                 2001-2002    2002-2003

Clark County School District$2,130,044$2,500,456

Douglas County School District$740,885$869,724

Elko County School District$787,190      $924,082

Washoe County School District$972,411$1,141,513

                                       $4,630,530   $5,435,775

 

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

 shall use the money to maintain and continue the operation of a regional

 training program for the professional development of teachers and

 administrators initially established by the school district pursuant to

 section 16 of chapter 559, Statutes of Nevada 1999, at page 2930.


   3.  Any remaining balance of the transfers made by subsection 1 for the

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

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

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

 for the 2001-2002 fiscal year, including any money added from the

 transfer for the previous fiscal year, must not be committed for

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

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

   Sec. 11.  The Legislative Bureau of Educational Accountability and

 Program Evaluation is hereby authorized to receive from the state

 distributive school account to spend for an evaluation of the regional

 training programs for the professional development of teachers and

 administrators, initially established pursuant to section 16 of chapter 559,

 Statutes of Nevada 1999, at page 2930:

For the fiscal year 2001-2002................... $65,000

For the fiscal year 2002-2003................... $65,000

   2. Any remaining balance of the sums authorized for expenditure by

 subsection 1 for the 2001-2002 fiscal year must be added to the money

 authorized for expenditure for the 2002-2003 fiscal year and may be

 expended as that money is expended. Any remaining balance of the sums

 authorized for expenditure pursuant tosubsection 1 for the 2001-2002

 fiscal year, including any money added from the authorization for the

 previous fiscal year, must not be committed for expenditure after June 30,

 2003, and reverts to the state distributive school account as soon as all

 payments of money committed have been made.

   Sec. 12.  1.  The Department of Education shall transfer from the

 state distributive school account to the school districts specified in this

 section the following sums for fiscal years 2001-2002 and 2002-2003:

 

 

School District              2001-2002        2002-2003

Clark County School District$2,754,339$2,754,339

Douglas County School District$347,814$347,814

Elko County School District$432,612    $432,612

Washoe County School District$900,235$900,235

                                 $4,435,000        $4,435,000

 

   2.  A school district that receives an allocation pursuant to subsection 1:

   (a) Shall use the money to establish a Nevada Early Literacy

 Intervention Program, through the regional training program initially

 established by the school district pursuant to section 16 of chapter 559,

 Statutes of Nevada 1999, at page 2930, for the purpose of providing

 training for teachers who teach kindergarten and grades 1, 2 and 3, on

 methods to teach fundamental reading skills, including, without limitation:

     (1) Phonemic awareness;

     (2) Phonics;

     (3) Vocabulary;

     (4) Fluency;

     (5) Comprehension; and

     (6) Motivation.


   (b) Shall use the money for purposes of the Nevada Early Literacy

Intervention Program, upon approval of the governing body of the regional

 training program, including, without limitation, paying:

     (1) The salaries and travel expenses of staff and other personnel

 necessary to the operation of the Nevada Early Literacy Intervention

 Program;

     (2) Related administrative expenses; and

     (3) The costs incurred to acquire equipment and space to operate the

 Nevada Early Literacy Intervention Program.

   (c) Shall use the money to pay for the travel expenses of teachers who

 attend the regional training program for purposes of the Nevada Early

 Literacy Intervention Program.

   (d) May use the money to provide incentives for teachers to attend the

 regional training program for purposes of the Nevada Early Literacy

 Intervention Program, including, without limitation, the:

     (1) Arrangement for credit toward renewal of a license or an

 endorsement for a license;

     (2) Provision of books, supplies or instructional materials for the

 classroom; and

     (3) Provision of stipends.

   (e) Shall use the money to supplement and not replace the money that

 the school district or regional training program would otherwise expend

 for training for early literacy programs as described in this section.

   3.  The training required pursuant to paragraph (a) of subsection 2

 must:

   (a) Include appropriate procedures to ensure follow-up training for

 teachers who have received training through the Nevada Early Literacy

 Intervention Program.

   (b) Incorporate training that addresses the educational needs of:

     (1) Pupils with disabilities who participate in programs of special

 education; and

     (2) Pupils whose primary language is not English.

   4.  The governing body of each regional training program shall:

   (a) Prepare and maintain a list that identifies programs for the Nevada

 Early Literacy Intervention Program that successfully incorporate

 fundamental reading skills. The governing body shall provide a copy of

 the list on an annual basis to school districts for dissemination to teachers

 and administrators.

   (b) Establish a method for the evaluation of the success of the Nevada

 Early Literacy Intervention Program.

   (c) On or before July 1 of each year, submit an annual report to the

 Governor, State Board of Education, Council to Establish Academic

 Standards for Public Schools, Legislative Committee on Education and

 Legislative Bureau of Educational Accountability and Program Evaluation

 that includes:

     (1) The type of training offered through the Nevada Early Literacy

 Intervention Program in the immediately preceding year;

     (2) The number of teachers, by grade, who received training through

 the Nevada Early Literacy Intervention Program in the immediately

 preceding year; and


     (3) An evaluation of the success of the Nevada Early Literacy

Intervention Program in accordance with the method established pursuant

 to paragraph (b).

   5.  The board of trustees of each school district shall submit an annual

 report to the Governor, State Board of Education, Council to Establish

 Academic Standards for Public Schools, Legislative Committee on

 Education and Legislative Bureau of Educational Accountability and

 Program Evaluation that includes for the immediately preceding year:

   (a) The number of teachers, by grade, employed by the school district

 who received training through the Nevada Early Literacy Intervention

 Program; and

   (b) An evaluation of whether that training successfully incorporated the

 fundamental reading skills set forth in paragraph (a) of subsection 2.

   6.  Any remaining balance of the transfers made by subsection 1 for the

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

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

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

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

 transfer for the previous fiscal year, must not be committed for

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

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

   Sec. 13.  1.  The Legislative Bureau of Educational Accountability

 and Program Evaluationis hereby authorized to receive from the state

 distributive school account to spend for an evaluation of the Nevada Early

 Literacy Intervention Program established pursuant to section 12 of this

 act:

For the fiscal year 2001-2002................... $65,000

For the fiscal year 2002-2003................... $65,000

   2.  The Legislative Bureau of Educational Accountability and Program

 Evaluation shall, after consulting with the Statewide Council for the

 Coordination of the Regional Training Programs, if applicable, use the

 money authorized by subsection 1 to hire a qualified, independent

 consultant to conduct an evaluation of the effectiveness of the Nevada

 Early Literacy Intervention Program.

   3.  The evaluation must include, without limitation, a review of the

 annual reports submitted by the governing body of each regional training

 program pursuant to subsection 4 of section 12 of this act and the annual

 reports submitted by the board of trustees of each school district pursuant

 to subsection 5 of section 12 of this act.

   4.  On or before February 1, 2003, the consultant shall submit a written

 report of the results of his evaluation to the Legislative Bureau of

 Educational Accountability and Program Evaluation. On or before

 February 19, 2003, the Legislative Bureau of Educational Accountability

 and Program Evaluation shall submit a copy of the written evaluation,

 including any recommendations for legislation, to the Director of the

 Legislative Counsel Bureau for transmission to the 72nd session of the

 Nevada Legislature.

   5.  Any remaining balance of the sums authorized for expenditure by

 subsection 1 for the 2001-2002 fiscal year must be added to the money

 authorized for the 2002-2003 fiscal year and may be expended as that


money is expended. Any remaining balance of the transfers made by

subsection 1 for the 2001-2002 fiscal year, including any money added

 from the authorization for the previous fiscal year, must not be committed

 for expenditure after June 30, 2003, and reverts to the state distributive

 school account as soon as all payments of money committed have been

 made.

   Sec. 14.  1.  The Department of Education shall transfer from the

 state distributive school account the following sums for remedial

 education programs for schools that have been designated as

 demonstrating need for improvement and certain schools that have been

 designated as demonstrating adequate achievement:

For the fiscal year 2001-2002.............. $5,750,000

For the fiscal year 2002-2003.............. $5,750,000

The money allocated must be used to provide remedial education programs

 that have been approved by the Department as being effective in

 improving pupil achievement.

   2.  A school may submit an application to the Department of Education

 for transmission to the State Board of Examiners for an allocation from the

 amount authorized by subsection 1 if the school:

   (a) Receives a designation as demonstrating need for improvement

 pursuant to NRS 385.367.

   (b) Did not receive a designation because the school had too few pupils

 enrolled in a grade level that is tested pursuant to NRS 389.015, but the

 test scores of the pupils indicate that the school would have received a

 designation as demonstrating need for improvement.

   (c) Receives a designation as demonstrating adequate achievement, but

 more than 40 percent of the pupils enrolled in the school received an

 average score below the 26th percentile on one or more of the four

 subjects tested pursuant to NRS 389.015.

   (d) Was designated as demonstrating need for improvement pursuant to

 NRS 385.367 in the immediately preceding school year.

   3.  The Department of Education shall, in consultation with the Budget

 Division of the Department of Administration and the Legislative Bureau

 of Educational Accountability and Program Evaluation, develop a form for

 such applications. The form must include, without limitation, a notice that:

   (a) Money received by a school to implement or continue remedial

 education programs that have been approved by the Department as being

 effective in improving pupil achievement will be used to implement or

 continue the programs in a manner that has been approved by the vendor

 of the remedial program; and

   (b) If money is authorized for programs of remedial study for the 2003

-2005 biennium by the 72nd session of the Nevada Legislature, a school

 that:

     (1) Receives a designation as demonstrating adequate achievement;

     (2) Has received an allocation for programs of remedial study for the

 immediately preceding 2 years; and

     (3) Applies for an allocation for a third consecutive year,

may be required to match the allocation equally with other money available

 to the school.


   4.  Upon receipt of an application submitted pursuant to subsection 2,

the Department of Education shall review the application jointly with the

 Budget Division of the Department of Administration and the Legislative

 Bureau of Educational Accountability and Program Evaluation. The

 Department of Education shall transmit the application to the State Board

 of Examiners with the recommendation of the Department of Education

 concerning the allocation of money based upon each application so

 received. The State Board of Examiners, or the Clerk of the Board if

 authorized by the Board to act on its behalf, shall consider each such

 application and, if it finds that an allocation should be made, recommend

 the amount of the allocation to the Interim Finance Committee. The

 Interim Finance Committee shall consider each such recommendation, but

 is not bound to follow the recommendation of the State Board of

 Examiners when determining the allocation to be received by a school. In

 determining the amount of the allocation, the State Board of Examiners

 and the Interim Finance Committee shall consider:

   (a) The total number of pupils enrolled in the school who failed to

 demonstrate at least adequate achievement on the examinations

 administered pursuant to NRS 389.015;

   (b) The number of subjects tested pursuant to NRS 389.015 on which

 more than 40 percent of the pupils enrolled in the school received an

 average score below the 26th percentile; and

   (c) The financial need of the particular school.

   6.  In addition to the considerations set forth in subsection 5, in

 determining whether to approve an application for a school that has

 received an allocation in the immediately preceding year and in

 determining the amount of the allocation for such a school, the State Board

 of Examiners and the Interim Finance Committee shall consider whether

 the school has carried out the program of remedial study for which it

 received an allocation in a manner that has been approved by the vendor of

 the remedial program and whether the program has been successful, as

 measured by the academic achievement of the pupils enrolled in the school

 on the examinations administered pursuant to NRS 389.015 and any

 assessments related to the program of remedial study.

   7.  A school that receives an allocation of money pursuant to this

 section shall use the money to:

   (a) Pay the costs incurred by the school in providing the program of

 remedial study required by NRS 385.389. The money must first be applied

 to those pupils who the school determines are performing at a level that

 poses the highest risk of failure.

   (b) Pay for the salaries, training or other compensation of teachers and

 other educational personnel to provide the program of remedial study,

 instructional materials required for the program of remedial study,

 equipment necessary to offer the program of remedial study and all other

 additional operating costs attributable to the program of remedial study, to

 the extent that the training, materials and equipment are those that are

 approved by the vendor of theremedial program.

   (c) Supplement and not replace the money the school would otherwise

 expend for programs of remedial study.


   8.  Before a school amends a plan for expenditure of an allocation of

money received pursuant to this section, the school district in which the

 school is located must submit the proposed amendment to the Department

 of Education to receive approval from the Department of Education, the

 Budget Division of the Department of Administration and the Legislative

 Bureau of Educational Accountability and Program Evaluation, or the

 Interim Finance Committee.

   9.  The sums authorized for expenditure in subsection 1 are available for

 either fiscal year. Any remaining balance of those sums must not be

 committed for expenditure after June 30, 2003, and reverts to the state

 distributive school account as soon as all payments of money committed

 have been made.

   Sec. 15.  1.  The Department of Education shall transfer from the state

 distributive school account the following sums for programs of remedial

 education or tutoring for pupils who need additional instructional time to

 pass or to reach a level considered proficient:

For the fiscal year 2001-2002.............. $1,000,000

For the fiscal year 2002-2003.............. $1,000,000

The programs for which money is provided pursuant to this section must be

 conducted before or after school, on weekends, during the summer or

 between sessions in schools with year-round school calendars.

   2.  To receive an allocation from the amounts transferred pursuant to

 subsection 1, a school district must submit an application to the

 Department of Education containing a written plan for providing a

 program of remedial education or tutoring. The written plan must include:

   (a) The estimated number of pupils that will participate in the program;

   (b) The curriculum that will be taught;

   (c) A schedule of the course work or tutoring to be conducted under the

 program;

   (d) A plan for evaluating the effectiveness of the program; and

   (e) A budget for the program.

   3.  Upon receipt of an application submitted pursuant to subsection 2,

 the Department of Education shall review the application jointly with the

 Budget Division of the Department of Administration and the Legislative

 Bureau of Educational Accountability and Program Evaluation. The

 Department of Education shall transmit the application to the State Board

 of Examiners with the recommendation of the Department of Education

 concerning the allocation of money based upon each application so

 received. The State Board of Examiners, or the Clerk of the Board if

 authorized by the Board to act on its behalf, shall consider each such

 application and, if it finds that an allocation should be made, recommend

 the amount of the allocation to the Interim Finance Committee. The

 Interim Finance Committee shall consider each such recommendation, but

 is not bound to follow the recommendation of the State Board of

 Examiners when determining the allocation to be received by a school

 district.

   4.  A school district that receives an allocation of money pursuant to this

 section shall use the money to:

   (a) Provide a program of remedial education or tutoring that has been

 approved by the Department of Education as being effective in improving

 pupil achievement.


   (b) Pay the costs incurred by the school district in providing the

program of remedial education or tutoring. The money must first be

 applied to those pupils who the school district determines are performing

 at a level which poses the highest risk of failure.

   (c) Pay for the salaries, training or other compensation of teachers and

 other educational personnel to provide the program of remedial education

 or tutoring, instructional materials required for the program, equipment

 necessary to offer the program and all other additional operating costs

 attributable to the program.

   (d) Supplement and not replace the money the school district would

 otherwise expend for programs of remedial education or tutoring.

   5.  Before a school district amends a plan for expenditure of an

 allocation of money received pursuant to this section, the school district

 must submit the proposed amendment to the Department of Education to

 receive approval from the Department of Education, the Budget Division

 of the Department of Administration and the Legislative Bureau of

 Educational Accountability and Program Evaluation, or the Interim

 Finance Committee.

   6.  The sums transferred pursuant to subsection 1 are available for either

 fiscal year. Any remaining balance of those sums must not be committed

 for expenditure after June 30, 2003, and reverts to the state distributive

 school account as soon as all payments of money committed have been

 made.

   Sec. 16.  1.  The Department of Education is hereby authorized to

 transfer from the state distributive school account the sum of $500,000 for

 the fiscal year 2001-2002 for the school to careers program created

 pursuant to NRS 388.367 and 388.368.

   2.  The Department of Education shall use themoney authorized by

 subsection 1 for allocation to school districts, charter schools, and

 universities and community colleges within the University and

 Community College System of Nevadain accordance with NRS 388.368.

   3.  Any balance of the sum authorized for expenditure by subsection 1

 must not be committed for expenditure after June 30, 2002,and reverts to

 the state distributive school accountas soon as all payments of money

 committed have been made.

   Sec. 17.  1.  The Department of Education shall transfer from the

 state distributive school account the following sums for early childhood

 education:

For the fiscal year 2001-2002.............. $3,500,000

For the fiscal year 2002-2003.............. $3,500,000

   2.  The money transferred by subsection 1 must be used by the

 Department of Education for competitive state grants to school districts

 and community-based organizations for early childhood education

 programs.

   3.  To receive a grant of money pursuant to subsection 2, school

 districts and community-based organizations must submit a

 comprehensive plan to the Department of Education that includes, without

 limitation:

   (a) A detailed description of the proposed early childhood education

 program;


   (b) A description of the manner in which the money will be used, which

must supplement and not replace the money that would otherwise be

 expended for early childhood education programs; and

   (c) A plan for evaluation of the program to determine the effectiveness

 of the program on the academic achievement of children who participate

 in the program.

   4.  A school district or community-based organization that receives a

 grant of money shall:

   (a) Use the money to initiate or expand pre-kindergarten education

 programs that meet the criteria set forth in the publication of the

 Department of Education, entitled “August 2000 Public Support for Pre

-kindergarten Education For School Readiness in Nevada.”

   (b) Use the money to supplement and not replace the money that the

 school district or community-based organization would otherwise expend

 for early childhood education programs, as described in this section.

   (c) Submit an evaluation of the program in accordance with the plan

 submitted pursuant to paragraph (c) of subsection 3.

   5.  The Department of Education shall develop statewide performance

 and outcome indicators to measure the effectiveness of the early childhood

 education programs for which grants of money were awarded pursuant to

 this section. The indicators must include, without limitation:

   (a) Measures of the developmental progress of children before and after

 their completion of the program;

   (b) Measures of parental involvement in the program before and after

 completion of the program; and

   (c) The percentage of participants who drop out of the program before

 completion.

   6.  The Department of Education shall review the evaluations of the

 early childhood education programs submitted by each school district and

 community-based organization pursuant to paragraph (c) of subsection 4

 and prepare a compilation of the evaluations for inclusion in the report

 submitted pursuant to subsection 7.

   7.  The Department of Education shall, on an annual basis, provide a

 written report to the Governor, Legislative Committee on Education and

 the Legislative Bureau of Educational Accountability and Program

 Evaluation regarding the effectiveness of the early childhood programs for

 which grants of money were received. The report must include, without

 limitation:

   (a) The number of grants awarded;

   (b) An identification of each school district and community-based

 organization that received a grant of money and the amount of each grant

 awarded;

   (c) For each school district and community based-organization that

 received a grant of money:

     (1) The number of children who received services through a program

 funded by the grant; and

     (2) The average per child expenditure for the program;

   (d) A compilation of the evaluations reviewed pursuant to subsection 6

 that includes, without limitation:


     (1) A summary of the data showing the effectiveness of the different

programs; and

     (2)  A description of the programs in this state that are the most

 effective; and

   (e) Any recommendations for legislation.

   8.  Any balance of the sums transferred pursuant to subsection 1

 remaining at the end of the respective fiscal years must not be committed

 for expenditure after June 30 of the respective fiscal years and reverts to

 the state distributive school account as soon as all payments of money

 committed have been made.

   Sec. 18.  The sums appropriated or authorized in sections 10 to 17,

 inclusive, of this act:

   1.  Must be accounted for separately from any other money received by

 the school districts of this state and used only for the purposes specified in

 the applicable section of this act.

   2.  May not be used to settle or arbitrate disputes between a recognized

 organization representing employees of a school district and the school

 district, or to settle any negotiations.

   3.  May not be used to adjust the district-wide schedules of salaries and

 benefits of the employees of a school district.

   Sec. 19. 1.  The Department of Education shall transfer from the

 state distributive school account the following sums for special

 transportation costs to school districts:

For the 2001-2002 school year.................. 44,675

For the 2002-2003 school year................. $44,675

   2.  Pursuant to NRS 392.015, the Department of Educationshall use the

 money transferred in subsection 1 to reimburse school districts for the

 additional costs of transportation for pupils to a school outside the school

 district in which his residence is located.

   Sec. 20.  As initially established by section 27 of chapter 559, Statutes

 of Nevada 1999, at page 2943, estate tax receipts must be deposited into

 the fund for school improvement and an amount not to exceed

 $13,891,737 in fiscal year 1999-2000 and $16,767,624 in fiscal year 2000

-2001 must be transferred from the fund for school improvement to the

 state distributive school account.

   Sec. 21.  Each school district shall expend the revenue made available

 through this act, as well as other revenue from state, local and federal

 sources, in a manner that is designed to attain the goals of the Legislature

 regarding educational reform in this state, especially with regard to

 assisting pupils in need of remediation and pupils who are not proficient in

 the English language.

   Sec. 22.  1.  This section and section 20 of this act become effective

 upon passage and approval.

   2.  Sections 1 to 19, inclusive, and 21 of this act become effective on

 July 1, 2001.

 

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