Assembly Bill No. 264–Assemblymen Giunchigliani, Williams, Anderson, Atkinson, Arberry, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Koivisto, Leslie, Manendo, McClain, Mortenson, Oceguera, Parks, Perkins and Pierce
March 10, 2003
____________
Referred to Concurrent
Committees on Education
and Ways and Means
SUMMARY—Makes various changes governing education. (BDR 34‑62)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
CONTAINS UNFUNDED MANDATE (§§ 18, 19, 41, 70)
(Not Requested by Affected Local Government)
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; providing for an incremental increase in the number of days of school during a school year; revising provisions governing the purchase of retirement credit by boards of trustees of school districts for certain teachers; making an appropriation for school districts to provide programs of enhanced compensation; requiring boards of trustees of school districts to pay a minimum starting salary for teachers and prohibiting the payment of signing bonuses; 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 Secs. 1-11. (Deleted by amendment.)
1-2 Sec. 12. NRS 386.550 is hereby amended to read as follows:
1-3 386.550 1. A charter school shall:
2-1 (a) Comply with all laws and regulations relating to
2-2 discrimination and civil rights.
2-3 (b) Remain nonsectarian, including, without limitation, in its
2-4 educational programs, policies for admission and employment
2-5 practices.
2-6 (c) Refrain from charging tuition or fees, levying taxes or
2-7 issuing bonds.
2-8 (d) Comply with any plan for desegregation ordered by a court
2-9 that is in effect in the school district in which the charter school is
2-10 located.
2-11 (e) Comply with the provisions of chapter 241 of NRS.
2-12 (f) Except as otherwise provided in this paragraph, schedule and
2-13 provide annually at least as many days of instruction as are required
2-14 of other public schools located in the same school district as the
2-15 charter school is located. The governing body of a charter school
2-16 may submit a written request to the Superintendent of Public
2-17 Instruction for a waiver from providing the days of instruction
2-18 required by this paragraph. The Superintendent of Public Instruction
2-19 may grant such a request if the governing body demonstrates to the
2-20 satisfaction of the Superintendent that:
2-21 (1) Extenuating circumstances exist to justify the waiver; and
2-22 (2) The charter school will provide at least as many hours or
2-23 minutes of instruction as would be provided under a program
2-24 consisting of [180] 182 days.
2-25 (g) Cooperate with the board of trustees of the school district in
2-26 the administration of the achievement and proficiency examinations
2-27 administered pursuant to NRS 389.015 and the examinations
2-28 required pursuant to NRS 389.550 to the pupils who are enrolled in
2-29 the charter school.
2-30 (h) Comply with applicable statutes and regulations governing
2-31 the achievement and proficiency of pupils in this state.
2-32 (i) Provide instruction in the core academic subjects set forth in
2-33 subsection 1 of NRS 389.018, as applicable for the grade levels of
2-34 pupils who are enrolled in the charter school, and provide at least
2-35 the courses of study that are required of pupils by statute or
2-36 regulation for promotion to the next grade or graduation from a
2-37 public high school and require the pupils who are enrolled in the
2-38 charter school to take those courses of study. This paragraph does
2-39 not preclude a charter school from offering, or requiring the pupils
2-40 who are enrolled in the charter school to take, other courses of study
2-41 that are required by statute or regulation.
2-42 (j) If the parent or legal guardian of a child submits an
2-43 application to enroll in kindergarten, first grade or second grade at
2-44 the charter school, comply with NRS 392.040 regarding the ages for
2-45 enrollment in those grades.
3-1 (k) Refrain from using public money to purchase real property
3-2 or buildings without the approval of the sponsor.
3-3 (l) Hold harmless, indemnify and defend the sponsor of the
3-4 charter school against any claim or liability arising from an act or
3-5 omission by the governing body of the charter school or an
3-6 employee or officer of the charter school. An action at law may not
3-7 be maintained against the sponsor of a charter school for any cause
3-8 of action for which the charter school has obtained liability
3-9 insurance.
3-10 (m) Provide written notice to the parents or legal guardians of
3-11 pupils in grades 9 to 12, inclusive, who are enrolled in the charter
3-12 school of whether the charter school is accredited by the
3-13 Commission on Schools of the Northwest Association of Schools
3-14 and Colleges.
3-15 (n) Adopt a final budget in accordance with the regulations
3-16 adopted by the Department. A charter school is not required to adopt
3-17 a final budget pursuant to NRS 354.598 or otherwise comply with
3-18 the provisions of chapter 354 of NRS.
3-19 (o) If the charter school provides a program of distance
3-20 education pursuant to NRS 388.820 to 388.874, inclusive, comply
3-21 with all statutes and regulations that are applicable to a program of
3-22 distance education for purposes of the operation of the program.
3-23 2. A charter school shall not provide instruction through a
3-24 program of distance education to children who are exempt from
3-25 compulsory attendance authorized by the State Board pursuant to
3-26 subsection 1 of NRS 392.070. As used in this subsection, “distance
3-27 education” has the meaning ascribed to it in NRS 388.826.
3-28 Sec. 13. NRS 386.550 is hereby amended to read as follows:
3-29 386.550 1. A charter school shall:
3-30 (a) Comply with all laws and regulations relating to
3-31 discrimination and civil rights.
3-32 (b) Remain nonsectarian, including, without limitation, in its
3-33 educational programs, policies for admission and employment
3-34 practices.
3-35 (c) Refrain from charging tuition or fees, levying taxes or
3-36 issuing bonds.
3-37 (d) Comply with any plan for desegregation ordered by a court
3-38 that is in effect in the school district in which the charter school is
3-39 located.
3-40 (e) Comply with the provisions of chapter 241 of NRS.
3-41 (f) Except as otherwise provided in this paragraph, schedule and
3-42 provide annually at least as many days of instruction as are required
3-43 of other public schools located in the same school district as the
3-44 charter school is located. The governing body of a charter school
3-45 may submit a written request to the Superintendent of Public
4-1 Instruction for a waiver from providing the days of instruction
4-2 required by this paragraph. The Superintendent of Public Instruction
4-3 may grant such a request if the governing body demonstrates to the
4-4 satisfaction of the Superintendent that:
4-5 (1) Extenuating circumstances exist to justify the waiver; and
4-6 (2) The charter school will provide at least as many hours or
4-7 minutes of instruction as would be provided under a program
4-8 consisting of 185 days.
4-9 (g) Cooperate with the board of trustees of the school district in
4-10 the administration of the achievement and proficiency examinations
4-11 administered pursuant to NRS 389.015 and the examinations
4-12 required pursuant to NRS 389.550 to the pupils who are enrolled in
4-13 the charter school.
4-14 (h) Comply with applicable statutes and regulations governing
4-15 the achievement and proficiency of pupils in this state.
4-16 (i) Provide instruction in the core academic subjects set forth in
4-17 subsection 1 of NRS 389.018, as applicable for the grade levels of
4-18 pupils who are enrolled in the charter school, and provide at least
4-19 the courses of study that are required of pupils by statute or
4-20 regulation for promotion to the next grade or graduation from a
4-21 public high school and require the pupils who are enrolled in the
4-22 charter school to take those courses of study. This paragraph does
4-23 not preclude a charter school from offering, or requiring the pupils
4-24 who are enrolled in the charter school to take, other courses of study
4-25 that are required by statute or regulation.
4-26 (j) If the parent or legal guardian of a child submits an
4-27 application to enroll in kindergarten, first grade or second grade at
4-28 the charter school, comply with NRS 392.040 regarding the ages for
4-29 enrollment in those grades.
4-30 (k) Refrain from using public money to purchase real property
4-31 or buildings without the approval of the sponsor.
4-32 (l) Hold harmless, indemnify and defend the sponsor of the
4-33 charter school against any claim or liability arising from an act or
4-34 omission by the governing body of the charter school or an
4-35 employee or officer of the charter school. An action at law may not
4-36 be maintained against the sponsor of a charter school for any cause
4-37 of action for which the charter school has obtained liability
4-38 insurance.
4-39 (m) Provide written notice to the parents or legal guardians of
4-40 pupils in grades 9 to 12, inclusive, who are enrolled in the charter
4-41 school of whether the charter school is accredited by the
4-42 Commission on Schools of the Northwest Association of Schools
4-43 and Colleges.
4-44 (n) Adopt a final budget in accordance with the regulations
4-45 adopted by the Department. A charter school is not required to adopt
5-1 a final budget pursuant to NRS 354.598 or otherwise comply with
5-2 the provisions of chapter 354 of NRS.
5-3 (o) If the charter school provides a program of distance
5-4 education pursuant to NRS 388.820 to 388.874, inclusive, comply
5-5 with all statutes and regulations that are applicable to a program of
5-6 distance education for purposes of the operation of the program.
5-7 2. A charter school shall not provide instruction through a
5-8 program of distance education to children who are exempt from
5-9 compulsory attendance authorized by the State Board pursuant to
5-10 subsection 1 of NRS 392.070. As used in this subsection, “distance
5-11 education” has the meaning ascribed to it in NRS 388.826.
5-12 Secs. 14-17. (Deleted by amendment.)
5-13 Sec. 18. NRS 388.090 is hereby amended to read as follows:
5-14 388.090 1. Except as otherwise permitted pursuant to this
5-15 section, boards of trustees of school districts shall schedule and
5-16 provide a minimum of [180] 182 days of free school in the districts
5-17 under their charge.
5-18 2. The Superintendent of Public Instruction may, upon
5-19 application by a board of trustees, authorize a reduction of not more
5-20 than 15 school days in a particular district to establish or maintain a
5-21 12-month school program or a program involving alternative
5-22 scheduling, if the board of trustees demonstrates that the proposed
5-23 schedule for the program provides for a greater number of minutes
5-24 of instruction than would be provided under a program consisting of
5-25 [180] 182 school days. Before authorizing a reduction in the number
5-26 of required school days pursuant to this subsection, the
5-27 Superintendent of Public Instruction must find that the proposed
5-28 schedule will be used to alleviate problems associated with a growth
5-29 in enrollment or overcrowding, or to establish and maintain a
5-30 program of alternative schooling, including, without limitation, a
5-31 program 1of distance education provided by the board of trustees
5-32 pursuant to NRS 388.820 to 388.874, inclusive.
5-33 3. The Superintendent of Public Instruction may, upon
5-34 application by a board of trustees, authorize the addition of minutes
5-35 of instruction to any scheduled day of free school if days of free
5-36 school are lost because of any interscholastic activity. Not more than
5-37 5 days of free school so lost may be rescheduled in this manner.
5-38 4. Each school district shall schedule at least 3 contingent days
5-39 of school in addition to the number of days required by this section
5-40 [,] which must be used if a natural disaster, inclement weather or an
5-41 accident necessitates the closing of a majority of the facilities within
5-42 the district.
5-43 5. If more than 3 days of free school are lost because a natural
5-44 disaster, inclement weather or an accident necessitates the closing of
5-45 a majority of the facilities within a school district, the
6-1 Superintendent of Public Instruction, upon application by the school
6-2 district, may permit the additional days lost to be counted as school
6-3 days in session. The application must be submitted in the manner
6-4 prescribed by the Superintendent of Public Instruction.
6-5 6. The State Board shall adopt regulations providing
6-6 procedures for changing schedules of instruction to be used if a
6-7 natural disaster, inclement weather or an accident necessitates the
6-8 closing of a particular school within a school district.
6-9 Sec. 19 NRS 388.090 is hereby amended to read as follows:
6-10 388.090 1. Except as otherwise permitted pursuant to this
6-11 section, boards of trustees of school districts shall schedule and
6-12 provide a minimum of 185 days of free school in the districts under
6-13 their charge.
6-14 2. The Superintendent of Public Instruction may, upon
6-15 application by a board of trustees, authorize a reduction of not more
6-16 than 15 school days in a particular district to establish or maintain a
6-17 12-month school program or a program involving alternative
6-18 scheduling, if the board of trustees demonstrates that the proposed
6-19 schedule for the program provides for a greater number of minutes
6-20 of instruction than would be provided under a program consisting of
6-21 185 school days. Before authorizing a reduction in the number of
6-22 required school days pursuant to this subsection, the Superintendent
6-23 of Public Instruction must find that the proposed schedule will be
6-24 used to alleviate problems associated with a growth in enrollment or
6-25 overcrowding, or to establish and maintain a program of alternative
6-26 schooling, including, without limitation, a program of distance
6-27 education provided by the board of trustees pursuant to NRS
6-28 388.820 to 388.874, inclusive.
6-29 3. The Superintendent of Public Instruction may, upon
6-30 application by a board of trustees, authorize the addition of minutes
6-31 of instruction to any scheduled day of free school if days of free
6-32 school are lost because of any interscholastic activity. Not more than
6-33 5 days of free school so lost may be rescheduled in this manner.
6-34 4. Each school district shall schedule at least 3 contingent days
6-35 of school in addition to the number of days required by this section
6-36 [,] which must be used if a natural disaster, inclement weather or an
6-37 accident necessitates the closing of a majority of the facilities within
6-38 the district.
6-39 5. If more than 3 days of free school are lost because a natural
6-40 disaster, inclement weather or an accident necessitates the closing of
6-41 a majority of the facilities within a school district, the
6-42 Superintendent of Public Instruction, upon application by the school
6-43 district, may permit the additional days lost to be counted as school
6-44 days in session. The application must be submitted in the manner
6-45 prescribed by the Superintendent of Public Instruction.
7-1 6. The State Board shall adopt regulations providing
7-2 procedures for changing schedules of instruction to be used if a
7-3 natural disaster, inclement weather or an accident necessitates the
7-4 closing of a particular school within a school district.
7-5 Secs. 20-40. (Deleted by amendment.)
7-6 Sec. 41. NRS 391.165 is hereby amended to read as follows:
7-7 391.165 1. Except as otherwise provided in [subsection 3 of]
7-8 this section and except as otherwise required as a result of NRS
7-9 286.537, the board of trustees of a school district shall pay the cost
7-10 for a licensed teacher to purchase one-fifth of a year of service
7-11 pursuant to subsection 2 of NRS 286.300 if:
7-12 (a) The teacher is a member of the Public Employees’
7-13 Retirement System ; [and has at least 5 years of service;]
7-14 (b) The teacher has been employed as a licensed teacher [in this
7-15 state] for at least 5 [consecutive] school years ; [, regardless of
7-16 whether the employment was with one or more school districts in
7-17 this state;]
7-18 (c) Each evaluation of the teacher [conducted pursuant to NRS
7-19 391.3125] is at least satisfactory for the years of employment
7-20 required by paragraph (b); and
7-21 (d) In addition to the years of employment required by
7-22 paragraph (b), the teacher has been employed as a licensed teacher
7-23 for 1 school year at a school within the school district which, for
7-24 that school year, carries the designation of demonstrating need for
7-25 improvement pursuant to NRS 385.367.
7-26 2. Except as otherwise provided in [subsection 3,] this section,
7-27 the board of trustees of a school district shall pay the cost for a
7-28 licensed teacher to purchase one-fifth of a year of service pursuant
7-29 to subsection 2 of NRS 286.300 if:
7-32 (b) The teacher has been employed as a licensed teacher for at
7-33 least 5 school years;
7-34 (c) Each evaluation of the teacher is at least satisfactory for
7-35 the years of employment required by paragraph (b); and
7-36 (d) In addition to the years of employment required by
7-37 paragraph (b), the teacher has been employed as a licensed
7-38 teacher for 1 school year at a school within the school district
7-39 where, for that school year, at least 65 percent of the pupils who
7-40 are enrolled in the school are children who are at-risk.
7-41 3. Except as otherwise provided in subsection 4, the board of
7-42 trustees of a school district shall pay the cost for a licensed teacher
7-43 to purchase:
8-1 (a) One-fifth of a year of service for each year that a teacher is
8-2 employed as a teacher at a school within the school district that is
8-3 described in paragraph (d) of subsection 1[.
8-4 3.] ; or
8-5 (b) One-fifth of a year of service for each year that a teacher is
8-6 employed as a teacher at a school within the school district that is
8-7 described in paragraph (d) of subsection 2.
8-8 If, in 1 school year, a teacher satisfies the criteria set forth in both
8-9 subsections 1 and 2, the school district in which the teacher is
8-10 employed shall, for that school year, pay the cost for the teacher to
8-11 purchase one-fifth of a year of service pursuant to subsection 2 of
8-12 NRS 286.300.
8-13 4. In no event may the years of service purchased by a licensed
8-14 teacher as a result of subsection 2 of NRS 286.300 exceed 5 years.
8-15 [4.] 5. The board of trustees of a school district shall not:
8-16 (a) Assign or reassign a licensed teacher to circumvent the
8-17 requirements of this section.
8-18 (b) Include[,] as part of a teacher’s salary[,] the costs of paying
8-19 the teacher to purchase service pursuant to this section.
8-20 [5.] 6. As used in this section[, “service”] :
8-21 (a) A child is “at-risk” if he is eligible for free and reduced-
8-22 price lunches pursuant to 42 U.S.C. §§ 1751 et seq.
8-23 (b) “Service” has the meaning ascribed to it in NRS 286.078.
8-24 Secs. 42-67. (Deleted by amendment.)
8-25 Sec. 68. 1. There is hereby appropriated from the State
8-26 General Fund to the Department of Education the sum of
8-27 $5,000,000 for grants of money to school districts that adopt a
8-28 program of enhanced compensation for certain teachers.
8-29 2. To receive a grant of money, the board of trustees of a
8-30 school district must submit an application to the Department of
8-31 Education that:
8-32 (a) Sets forth a program adopted by the school district in
8-33 accordance with subsection 3 to provide enhanced compensation for
8-34 certain teachers, which must include one or more of the following
8-35 components:
8-36 (1) Skills-based pay pursuant to which teachers develop
8-37 certain skills verified through licensure, certification or some other
8-38 method.
8-39 (2) A “career ladder” program, pursuant to which teachers
8-40 who perform at or above specified standards receive an increase in
8-41 compensation. Each step requires additional growth, professional
8-42 development, expertise and additional responsibilities, including,
8-43 without limitation, mentoring.
8-44 (3) Market-based pay, pursuant to which one-time bonuses
8-45 are paid to retain teachers who provide instruction in high-need
9-1 subject areas such as mathematics, science and special education
9-2 and to retain teachers who teach in at-risk schools.
9-3 (b) Includes the amount of money necessary to pay the enhanced
9-4 compensation pursuant to the program.
9-5 (c) Includes the number of teachers who are estimated to be
9-6 eligible for enhanced compensation pursuant to the program.
9-7 (d) School-based or group-based incentives that award
9-8 improvements in various measures of performance that are
9-9 established at the school level.
9-10 3. If a school district has entered into a collective bargaining
9-11 agreement pursuant to chapter 288 of NRS that governs the
9-12 employment of the licensed teachers employed by the school
9-13 district, the school district shall negotiate with the bargaining agent
9-14 for the licensed employees of the school district regarding the
9-15 components of the proposed program of enhanced compensation.
9-16 4. To the extent money is available from the appropriation
9-17 made by subsection 1, the Department of Education shall provide
9-18 grants of money to school districts with approved applications based
9-19 upon the amount of money that is necessary to carry out each
9-20 program of enhanced compensation. If an insufficient amount of
9-21 money is available to pay for each program, the money from the
9-22 appropriation must be distributed pro rata based upon the number of
9-23 teachers who are estimated to be eligible to participate in the
9-24 program in each school district with an approved application.
9-25 5. Any remaining balance of the appropriation made by
9-26 subsection 1 must not be committed for expenditure after June 30,
9-27 2005, andreverts to the State General Fund as soon as all payments
9-28 of money committed have been made.
9-29 Sec. 69. (Deleted by amendment.)
9-30 Sec. 70. 1. The board of trustees of each school district shall
9-31 place a teacher who is initially hired by the school district for the
9-32 2003-2004 school year on the schedule of salaries of the school
9-33 district at a salary that is at least $30,000 annually. The board of
9-34 trustees of each school district shall place a teacher who is initially
9-35 hired by the school district for the 2004-2005 school year on the
9-36 schedule of salaries of the school district at a salary that is at least
9-37 $30,000 annually.
9-38 2. Notwithstanding any provision of law to the contrary,
9-39 neither the Department of Education nor the board of trustees of a
9-40 school district may pay a signing bonus to a teacher who is initially
9-41 hired by the school district during the 2003-2005 biennium. The
9-42 provisions of this subsection do not preclude the payment of fringe
9-43 benefits that are otherwise paid generally to teachers who are
9-44 employed by a school district. As used in this subsection, “signing
9-45 bonus” means any compensation, in addition to the amount a teacher
10-1 is otherwise entitled to receive in accordance with the schedule of
10-2 salaries of the school district for the school year, that is paid in
10-3 exchange for the teacher’s agreement to work for the school district
10-4 or that is paid in exchange for the teacher’s service during the first
10-5 year of employment.
10-6 3. For the purposes of this section, a person is not “initially
10-7 hired” if he has been employed as a licensed teacher by another
10-8 school district or charter school in this state without an interruption
10-9 in employment before the date of hire by his current employer.
10-10 Secs. 71 and 72. (Deleted by amendment.)
10-11 Sec. 73. The provisions of NRS 354.599 do not apply to any
10-12 additional expenses of a local government that are related to the
10-13 provisions of this act.
10-14 Sec. 74. 1. Sections 12, 18, 41, 68, 70 and 73 of this act
10-15 become effective on July 1, 2003.
10-16 2. Sections 13 and 19 of this act become effective on July 1,
10-17 2004.
10-18 H