AB266

A.B. 266

Assembly Bill No. 266–Committee on Ways and Means

(On Behalf of the Nevada Association
of School Boards)

March 10, 2003

____________

Referred to Committee on Ways and Means

SUMMARY—Revises provisions governing education and makes appropriations for education. (BDR 34‑903)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Contains Appropriations not 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 education; requiring the Superintendent of Public Instruction to prepare a compilation of certain information for inclusion in the biennial budgetary request for the State Distributive School Account; requiring each school district to maintain a certain percentage in the ending balance of the general fund of the school district; revising provisions governing the calculation of basic support for pupils who are enrolled in kindergarten for a full school day; authorizing school districts to develop alternative plans for the reduction of pupil-teacher ratios in certain grades; requiring that the annual base salary of teachers and other licensed educational personnel must be cumulatively increased each year by a certain percentage; providing that certain children who are at risk must be admitted to kindergarten for a full school day; making various appropriations for education and educational personnel; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

2-1 Section 1. Chapter 385 of NRS is hereby amended by adding

2-2 thereto a new section to read as follows:

2-3 1. The Superintendent of Public Instruction shall compile the

2-4 biennial budgetary request for the State Distributive School

2-5 Account prepared by the Department. In compiling the request,

2-6 the Superintendent shall take into account, without limitation:

2-7 (a) The projected enrollment of pupils for each school district

2-8 and for the school districts as a whole;

2-9 (b) The projected costs of salaries and benefits for existing and

2-10 newly hired teachers, and for other school district employees,

2-11 including, without limitation, the cost of merit increases and the

2-12 cost of living adjustments recommended by the Superintendent of

2-13 Public Instruction;

2-14 (c) The projected costs of supplies, equipment, services, fuel

2-15 and utilities based upon such published indices, reports and

2-16 research as the Superintendent of Public Instruction considers are

2-17 credible and reliable regarding those costs to schools;

2-18 (d) The projected cost of existing and proposed educational

2-19 programs, including, without limitation, enhancements to existing

2-20 programs that are not included in the per pupil basic support

2-21 guarantee; and

2-22 (e) The revenue that is anticipated to be available for the

2-23 general operations of school districts other than money available

2-24 from the State General Fund.

2-25 2. The compilation prepared pursuant to subsection 1 must be

2-26 included with the biennial budgetary request for the State

2-27 Distributive School Account prepared by the Department.

2-28 Sec. 2. Chapter 387 of NRS is hereby amended by adding

2-29 thereto a new section to read as follows:

2-30 1. The board of trustees of each school district shall maintain

2-31 an ending balance of 5 percent in the general fund of the school

2-32 district.

2-33 2. The ending balance maintained pursuant to subsection 1

2-34 must not be used to:

2-35 (a) Settle or arbitrate disputes between a recognized

2-36 organization representing employees of a school district and the

2-37 school district, or to settle any negotiations.

2-38 (b) Adjust the district-wide schedules of salaries and benefits

2-39 of the employees of a school district.

2-40 Sec. 3. NRS 387.1233 is hereby amended to read as follows:

2-41 387.1233 1. Except as otherwise provided in subsection 2,

2-42 basic support of each school district must be computed by:

2-43 (a) Multiplying the basic support guarantee per pupil established

2-44 for that school district for that school year by the sum of:

3-1 (1) [Six-tenths] Except for those pupils enrolled in

3-2 kindergarten who are counted pursuant to subparagraph (2), six-

3-3 tenths the count of pupils enrolled in the kindergarten department

3-4 on the last day of the first school month of the school district for the

3-5 school year, including, without limitation, the count of pupils who

3-6 reside in the county and are enrolled in any charter school on the last

3-7 day of the first school month of the school district for the school

3-8 year.

3-9 (2) The count of pupils enrolled in kindergarten for a full

3-10 school day and the count of pupils enrolled in grades 1 to 12,

3-11 inclusive, on the last day of the first school month of the school

3-12 district for the school year, including, without limitation, the count

3-13 of pupils who reside in the county and are enrolled in any charter

3-14 school on the last day of the first school month of the school district

3-15 for the school year.

3-16 (3) The count of pupils not included under subparagraph (1)

3-17 or (2) who are enrolled full-time in a program of distance education

3-18 provided by that school district or a charter school located within

3-19 that school district on the last day of the first school month of the

3-20 school district for the school year.

3-21 (4) The count of pupils who reside in the county and are

3-22 enrolled:

3-23 (I) In a public school of the school district and are

3-24 concurrently enrolled part-time in a program of distance education

3-25 provided by another school district or a charter school on the last

3-26 day of the first school month of the school district for the school

3-27 year, expressed as a percentage of the total time services are

3-28 provided to those pupils per school day in proportion to the total

3-29 time services are provided during a school day to pupils who are

3-30 counted pursuant to subparagraph (2).

3-31 (II) In a charter school and are concurrently enrolled part-

3-32 time in a program of distance education provided by a school district

3-33 or another charter school on the last day of the first school month of

3-34 the school district for the school year, expressed as a percentage of

3-35 the total time services are provided to those pupils per school day in

3-36 proportion to the total time services are provided during a school

3-37 day to pupils who are counted pursuant to subparagraph (2).

3-38 (5) The count of pupils not included under subparagraph (1),

3-39 (2), (3) or (4), who are receiving special education pursuant to the

3-40 provisions of NRS 388.440 to 388.520, inclusive, on the last day of

3-41 the first school month of the school district for the school year,

3-42 excluding the count of pupils who have not attained the age of 5

3-43 years and who are receiving special education pursuant to

3-44 subsection 1 of NRS 388.490 on that day.

4-1 (6) Six-tenths the count of pupils who have not attained the

4-2 age of 5 years and who are receiving special education pursuant to

4-3 subsection 1 of NRS 388.490 on the last day of the first school

4-4 month of the school district for the school year.

4-5 (7) The count of children detained in detention homes,

4-6 alternative programs and juvenile forestry camps receiving

4-7 instruction pursuant to the provisions of NRS 388.550, 388.560 and

4-8 388.570 on the last day of the first school month of the school

4-9 district for the school year.

4-10 (8) The count of pupils who are enrolled in classes for at

4-11 least one semester pursuant to subsection 4 of NRS 386.560,

4-12 subsection 4 of NRS 386.580 or subsection 3 of NRS 392.070,

4-13 expressed as a percentage of the total time services are provided to

4-14 those pupils per school day in proportion to the total time services

4-15 are provided during a school day to pupils who are counted pursuant

4-16 to subparagraph (2).

4-17 (b) Multiplying the number of special education program units

4-18 maintained and operated by the amount per program established for

4-19 that school year.

4-20 (c) Adding the amounts computed in paragraphs (a) and (b).

4-21 2. If the enrollment of pupils in a school district or a charter

4-22 school that is located within the school district on the last day of the

4-23 first school month of the school district for the school year is less

4-24 than the enrollment of pupils in the same school district or charter

4-25 school on the last day of the first school month of the school district

4-26 for either or both of the immediately preceding 2 school years, the

4-27 largest number must be used from among the 3 years for purposes of

4-28 apportioning money from the State Distributive School Account to

4-29 that school district or charter school pursuant to NRS 387.124.

4-30 3. Pupils who are excused from attendance at examinations or

4-31 have completed their work in accordance with the rules of the board

4-32 of trustees must be credited with attendance during that period.

4-33 4. Pupils who are incarcerated in a facility or institution

4-34 operated by the Department of Corrections must not be counted for

4-35 the purpose of computing basic support pursuant to this section. The

4-36 average daily attendance for such pupils must be reported to the

4-37 Department.

4-38 5. Pupils who are enrolled in courses which are approved by

4-39 the Department as meeting the requirements for an adult to earn a

4-40 high school diploma must not be counted for the purpose of

4-41 computing basic support pursuant to this section.

4-42 Sec. 4. NRS 387.303 is hereby amended to read as follows:

4-43 387.303 1. Not later than November 10 of each year, the

4-44 board of trustees of each school district shall submit to the

5-1 Superintendent of Public Instruction and the Department of

5-2 Taxation a report which includes the following information:

5-3 (a) For each fund within the school district, including, without

5-4 limitation, the school district’s general fund and any special revenue

5-5 fund which receives state money, the total number and salaries of

5-6 licensed and nonlicensed persons whose salaries are paid from the

5-7 fund and who are employed by the school district in full-time

5-8 positions or in part-time positions added together to represent full-

5-9 time positions. Information must be provided for the current school

5-10 year based upon the school district’s final budget, including any

5-11 amendments and augmentations thereto, and for the preceding

5-12 school year. An employee must be categorized as filling an

5-13 instructional, administrative, instructional support or other position.

5-14 (b) The count of pupils computed pursuant to paragraph (a) of

5-15 subsection 1 of NRS 387.1233.

5-16 (c) The school district’s actual expenditures in the fiscal year

5-17 immediately preceding the report.

5-18 (d) The school district’s proposed expenditures for the current

5-19 fiscal year.

5-20 (e) The schedule of salaries for licensed employees in the

5-21 current school year and a statement of whether the negotiations

5-22 regarding salaries for the current school year have been completed.

5-23 If the negotiations have not been completed at the time the schedule

5-24 of salaries is submitted, the board of trustees shall submit a

5-25 supplemental report to the Superintendent of Public Instruction upon

5-26 completion of negotiations or the determination of an arbitrator

5-27 concerning the negotiations that includes the schedule of salaries

5-28 agreed to or required by the arbitrator.

5-29 (f) The number of teachers who received an increase in salary

5-30 pursuant to subsection 2 of NRS 391.160 for the current and

5-31 preceding fiscal years. If the board of trustees is required to pay an

5-32 increase in salary retroactively pursuant to subsection [2] 3 of NRS

5-33 391.160, the board of trustees shall submit a supplemental report to

5-34 the Superintendent of Public Instruction not later than February 15

5-35 of the year in which the retroactive payment was made that includes

5-36 the number of teachers to whom an increase in salary was paid

5-37 retroactively.

5-38 (g) The number of employees eligible for health insurance

5-39 within the school district for the current and preceding fiscal years

5-40 and the amount paid for health insurance for each such employee

5-41 during those years.

5-42 (h) The rates for fringe benefits, excluding health insurance,

5-43 paid by the school district for its licensed employees in the

5-44 preceding and current fiscal years.

6-1 (i) The amount paid for extra duties, supervision of

6-2 extracurricular activities and supplemental pay and the number of

6-3 employees receiving that pay in the preceding and current fiscal

6-4 years.

6-5 (j) The expenditures from the account created pursuant to

6-6 subsection 3 of NRS 179.1187. The report must indicate the total

6-7 amount received by the district in the preceding fiscal year, and the

6-8 specific amount spent on books and computer hardware and

6-9 software for each grade level in the district.

6-10 2. On or before November 25 of each year, the Superintendent

6-11 of Public Instruction shall submit to the Department of

6-12 Administration and the Fiscal Analysis Division of the Legislative

6-13 Counsel Bureau, in a format approved by the Director of the

6-14 Department of Administration, a compilation of the reports made by

6-15 each school district pursuant to subsection 1.

6-16 3. The Superintendent of Public Instruction shall, in the

6-17 compilation required by subsection 2, reconcile the revenues and

6-18 expenditures of the school districts with the apportionment received

6-19 by those districts from the State Distributive School Account for the

6-20 preceding year.

6-21 Sec. 5. NRS 387.304 is hereby amended to read as follows:

6-22 387.304 The Department shall:

6-23 1. Conduct an annual audit of the count of pupils for

6-24 apportionment purposes reported by each school district pursuant to

6-25 NRS 387.123 and the data reported by each school district pursuant

6-26 to NRS 388.710 that is used to measure the effectiveness of the

6-27 implementation of [the] a plan developed by each school district [to

6-28 reduce the pupil-teacher ratio in kindergarten and grades 1, 2 and 3,]

6-29 as required by NRS [388.710.] 388.720.

6-30 2. Review each school district’s report of the annual audit

6-31 conducted by a public accountant as required by NRS 354.624, and

6-32 the annual report prepared by each district as required by NRS

6-33 387.303, and report the findings of the review to the State Board and

6-34 the Legislative Committee on Education, with any recommendations

6-35 for legislation, revisions to regulations or training needed by school

6-36 district employees. The report by the Department must identify

6-37 school districts which failed to comply with any statutes or

6-38 administrative regulations of this state or which had any:

6-39 (a) Long-term obligations in excess of the general obligation

6-40 debt limit;

6-41 (b) Deficit fund balances or retained earnings in any fund;

6-42 (c) Deficit cash balances in any fund;

6-43 (d) Variances of more than 10 percent between total general

6-44 fund revenues and budgeted general fund revenues; or

7-1 (e) Variances of more than 10 percent between total actual

7-2 general fund expenditures and budgeted total general fund

7-3 expenditures.

7-4 3. In preparing its biennial budgetary request for the State

7-5 Distributive School Account, consult with the superintendent of

7-6 schools of each school district or a person designated by the

7-7 superintendent.

7-8 4. Provide, in consultation with the Budget Division of the

7-9 Department of Administration and the Fiscal Analysis Division of

7-10 the Legislative Counsel Bureau, training to the financial officers of

7-11 school districts in matters relating to financial accountability.

7-12 Sec. 6. NRS 388.060 is hereby amended to read as follows:

7-13 388.060 1. Except as otherwise provided in this subsection,

7-14 the board of trustees of each school district shall establish, equip and

7-15 maintain a kindergarten in each elementary school or each school

7-16 attendance area in the district. If, on or before June 1 immediately

7-17 preceding the school year, admittance to kindergarten has been

7-18 requested for fewer than 15 children, the mandatory provisions of

7-19 this subsection do not apply to that school, and the board may

7-20 decide whether to establish a kindergarten for those children. If the

7-21 board decides not to establish such a kindergarten, it may provide:

7-22 (a) Transportation for each child to enable him to attend

7-23 kindergarten at another school; or

7-24 (b) Upon agreement with a child’s parent or guardian, an

7-25 authorized program of instruction for kindergarten to be offered in

7-26 the child’s home, which includes, without limitation, assigning

7-27 licensed educational personnel to assist and consult with the parent

7-28 or guardian as necessary.

7-29 2. The board of trustees of a school district in which a

7-30 kindergarten is to be established under the provisions of this title of

7-31 NRS shall budget for this purpose by including the costs in the next

7-32 regular budget for the school district[.] , including, without

7-33 limitation, the provision of kindergarten for a full school day to

7-34 children who are at risk.

7-35 Sec. 7. NRS 388.090 is hereby amended to read as follows:

7-36 388.090 1. Except as otherwise permitted pursuant to this

7-37 section, boards of trustees of school districts shall schedule and

7-38 provide a minimum of [180] 185 days of free school in the districts

7-39 under their charge.

7-40 2. The Superintendent of Public Instruction may, upon

7-41 application by a board of trustees, authorize a reduction of not more

7-42 than 15 school days in a particular district to establish or maintain a

7-43 12-month school program or a program involving alternative

7-44 scheduling, if the board of trustees demonstrates that the proposed

7-45 schedule for the program provides for a greater number of minutes

8-1 of instruction than would be provided under a program consisting of

8-2 [180] 185 school days. Before authorizing a reduction in the number

8-3 of required school days pursuant to this subsection, the

8-4 Superintendent of Public Instruction must find that the proposed

8-5 schedule will be used to alleviate problems associated with a growth

8-6 in enrollment or overcrowding, or to establish and maintain a

8-7 program of alternative schooling, including, without limitation, a

8-8 program of distance education provided by the board of trustees

8-9 pursuant to NRS 388.820 to 388.874, inclusive.

8-10 3. The Superintendent of Public Instruction may, upon

8-11 application by a board of trustees, authorize the addition of minutes

8-12 of instruction to any scheduled day of free school if days of free

8-13 school are lost because of any interscholastic activity. Not more than

8-14 5 days of free school so lost may be rescheduled in this manner.

8-15 4. Each school district shall schedule at least 3 contingent days

8-16 of school in addition to the number of days required by this section,

8-17 which must be used if a natural disaster, inclement weather or an

8-18 accident necessitates the closing of a majority of the facilities within

8-19 the district.

8-20 5. If more than 3 days of free school are lost because a natural

8-21 disaster, inclement weather or an accident necessitates the closing of

8-22 a majority of the facilities within a school district, the

8-23 Superintendent of Public Instruction, upon application by the school

8-24 district, may permit the additional days lost to be counted as school

8-25 days in session. The application must be submitted in the manner

8-26 prescribed by the Superintendent of Public Instruction.

8-27 6. The State Board shall adopt regulations providing

8-28 procedures for changing schedules of instruction to be used if a

8-29 natural disaster, inclement weather or an accident necessitates the

8-30 closing of a particular school within a school district.

8-31 Sec. 8. NRS 388.700 is hereby amended to read as follows:

8-32 388.700 1. Except as otherwise provided in subsections 2, 3

8-33 and 6, after the last day of the first month of the school year, the

8-34 ratio in each school district of pupils [per class in kindergarten and

8-35 grades 1, 2 and 3] per licensed teacher designated to teach [those]

8-36 classes full time [must not exceed 15 to 1] in classes where core

8-37 curriculum is taught[.] :

8-38 (a) In kindergarten and grades 1, 2 and 3, must not exceed 15

8-39 to 1; or

8-40 (b) If a plan is approved pursuant to subsection 2 of NRS

8-41 388.720, must not exceed the ratio set forth in that plan for the

8-42 grade levels specified in the plan.

8-43 In determining this ratio, all licensed educational personnel who

8-44 teach [kindergarten or grade 1, 2 or 3] a grade level specified in

8-45 paragraph (a) or a grade level specified in a plan that is approved

9-1 pursuant to subsection 2 of NRS 388.720, as applicable for the

9-2 school district, must be counted except teachers of art, music,

9-3 physical education or special education, counselors, librarians,

9-4 administrators, deans and specialists.

9-5 2. A school district may, within the limits of any plan adopted

9-6 pursuant to NRS 388.720, assign a pupil whose enrollment in a

9-7 grade occurs after the last day of the first month of the school year

9-8 to any existing class regardless of the number of pupils in the class.

9-9 3. The State Board may grant to a school district a variance

9-10 from the limitation on the number of pupils per class set forth in

9-11 subsection 1 for good cause, including the lack of available financial

9-12 support specifically set aside for the reduction of pupil-teacher

9-13 ratios.

9-14 4. The State Board shall, on or before February 1 of each odd-

9-15 numbered year, report to the Legislature on:

9-16 (a) Each variance granted by it during the preceding biennium,

9-17 including the specific justification for the variance.

9-18 (b) The data reported to it by the various school districts

9-19 pursuant to subsection 2 of NRS 388.710, including an explanation

9-20 of that data, and the current pupil-teacher ratios per class in

9-21 [kindergarten and grades 1, 2 and 3.] the grade levels specified in

9-22 paragraph (a) of subsection 1 or the grade levels specified in a

9-23 plan that is approved pursuant to subsection 2 of NRS 388.720, as

9-24 applicable for the school district.

9-25 5. The Department shall, on or before November 15 of each

9-26 year, report to the Chief of the Budget Division of the Department

9-27 of Administration and the Fiscal Analysis Division of the

9-28 Legislative Counsel Bureau:

9-29 (a) The number of teachers employed;

9-30 (b) The number of teachers employed in order to attain the ratio

9-31 required by subsection 1;

9-32 (c) The number of pupils enrolled; and

9-33 (d) The number of teachers assigned to teach in the same

9-34 classroom with another teacher or in any other arrangement other

9-35 than one teacher assigned to one classroom of pupils,

9-36 during the current school year in [kindergarten and grades 1, 2 and

9-37 3] the grade levels specified in paragraph (a) of subsection 1 or the

9-38 grade levels specified in a plan that is approved pursuant to

9-39 subsection 2 of NRS 388.720, as applicable, for each school

9-40 district.

9-41 6. The provisions of this section do not apply to a charter

9-42 school or to a program of distance education provided pursuant to

9-43 NRS 388.820 to 388.874, inclusive.

10-1 Sec. 9. NRS 388.710 is hereby amended to read as follows:

10-2 388.710 1. The State Board, in consultation with the trustees

10-3 of the school districts and the recognized associations representing

10-4 licensed educational personnel, after receiving comments from the

10-5 general public, shall determine the data that must be monitored by

10-6 each school district and used to measure the effectiveness of the

10-7 implementation of [the] a plan developed by each school district [to

10-8 reduce the pupil-teacher ratio per class in kindergarten and grades 1,

10-9 2 and 3.] pursuant to NRS 388.720.

10-10 2. Each school district shall report the data to the State Board

10-11 as required by the State Board.

10-12 Sec. 10. NRS 388.720 is hereby amended to read as follows:

10-13 388.720 [Each]

10-14 1. Except as otherwise provided in subsection 2, each school

10-15 district together with the recognized associations representing

10-16 licensed educational personnel shall develop a plan to reduce the

10-17 district’s pupil-teacher ratio per class in kindergarten and grades 1, 2

10-18 and 3 within the limits of available financial support specifically set

10-19 aside for this purpose and submit that plan to the State Board.

10-20 2. In lieu of complying with the pupil-teacher ratio prescribed

10-21 in paragraph (a) of subsection 1 of NRS 388.700, a school district

10-22 may, in consultation with recognized associations representing

10-23 licensed educational personnel, develop a plan to reduce the

10-24 district’s pupil-teacher ratios per class for specified grade levels in

10-25 elementary school. A plan developed pursuant to this subsection

10-26 must set forth the grade levels to which the ratios apply and must

10-27 be submitted to the State Board for its approval. The State Board

10-28 shall approve a plan if the plan:

10-29 (a) Reduces the district’s pupil-teacher ratio; and

10-30 (b) Is fiscally neutral such that the plan will not cost more to

10-31 carry out than a plan that complies with the ratios prescribed in

10-32 paragraph (a) of subsection 1 of NRS 388.700.

10-33 Sec. 11. NRS 391.160 is hereby amended to read as follows:

10-34 391.160 1. The salaries of teachers and other employees must

10-35 be determined by the character of the service required. A school

10-36 district shall not discriminate between male and female employees

10-37 in the matter of salary.

10-38 2. The annual base salary to which a licensed teacher or

10-39 other employee of a school district who is licensed pursuant to this

10-40 chapter is entitled to receive must be cumulatively increased on

10-41 July 1, 2005, and on July 1 of each year thereafter, by any

10-42 percentage by which the average industrial hourly wage in the

10-43 State increased during the previous fiscal year, as determined on

10-44 July 1 of each year by the Employment Security Division of the

10-45 Department of Employment, Training and Rehabilitation. An

11-1 increase in salary given in accordance with this subsection is in

11-2 addition to any other increase to which the teacher may otherwise

11-3 be entitled, including, without limitation, the increase provided

11-4 pursuant to subsection 3.

11-5 3. Each year when determining the salary of a teacher who

11-6 holds certification issued by the National Board for Professional

11-7 Teaching Standards, a school district shall add 5 percent to the

11-8 salary that the teacher would otherwise receive in 1 year for his

11-9 classification on the schedule of salaries for the school district if:

11-10 (a) On or before January 31 of the school year, the teacher has

11-11 submitted evidence satisfactory to the school district of his current

11-12 certification; and

11-13 (b) The teacher is assigned by the school district to provide

11-14 classroom instruction during that school year.

11-15 No increase in salary may be given during a particular school year

11-16 to a teacher who submits evidence of certification after January 31

11-17 of that school year. For the first school year that a teacher submits

11-18 evidence of his current certification, the board of trustees of the

11-19 school district to whom the evidence was submitted shall pay

11-20 the increase in salary required by this subsection retroactively to the

11-21 beginning of that school year. Once a teacher has submitted

11-22 evidence of such certification to the school district, the school

11-23 district shall retain the evidence in its records, as applicable, for

11-24 future school years. An increase in salary given in accordance with

11-25 this subsection is in addition to any other increase to which the

11-26 teacher may otherwise be entitled.

11-27 [3.] 4. In determining the salary of a licensed teacher who is

11-28 employed by a school district after the teacher has been employed

11-29 by another school district in this state, the present employer shall,

11-30 except as otherwise provided in subsection [6:] 7:

11-31 (a) Give the teacher the same credit for previous teaching

11-32 service as he was receiving from his former employer at the end of

11-33 his former employment;

11-34 (b) Give the teacher credit for his final year of service with his

11-35 former employer, if credit for that service is not included in credit

11-36 given pursuant to paragraph (a); and

11-37 (c) Place the teacher on the schedule of salaries of the school

11-38 district in a classification that is commensurate with the level of

11-39 education acquired by the teacher, as set forth in the applicable

11-40 negotiated agreement with the present employer.

11-41 [4.] 5. A school district may give the credit required by

11-42 subsection [3] 4 for previous teaching service earned in another state

11-43 if the Commission has approved the standards for licensing teachers

11-44 of that state. The Commission shall adopt regulations that establish

11-45 the criteria by which the Commission will consider the standards for

12-1 licensing teachers of other states for the purposes of this subsection.

12-2 The criteria may include, without limitation, whether the

12-3 Commission has authorized reciprocal licensure of educational

12-4 personnel from the state under consideration.

12-5 [5.] 6. In determining the salary of a licensed administrator,

12-6 other than the superintendent of schools, who is employed by a

12-7 school district after the administrator has been employed by another

12-8 school district in this state, the present employer shall, except as

12-9 otherwise provided in subsection [6:] 7:

12-10 (a) Give the administrator the same credit for previous

12-11 administrative service as he was receiving from his former

12-12 employer, at the end of his former employment;

12-13 (b) Give the administrator credit for his final year of service

12-14 with his former employer, if credit for that service is not otherwise

12-15 included in the credit given pursuant to paragraph (a); and

12-16 (c) Place the administrator on the schedule of salaries of the

12-17 school district in a classification that is comparable to the

12-18 classification the administrator had attained on the schedule of

12-19 salaries of his former employer.

12-20 [6.] 7. This section does not:

12-21 (a) Require a school district to allow a teacher or administrator

12-22 more credit for previous teaching or administrative service than the

12-23 maximum credit for teaching or administrative experience provided

12-24 for in the schedule of salaries established by it for its licensed

12-25 personnel.

12-26 (b) Permit a school district to deny a teacher or administrator

12-27 credit for his previous teaching or administrative service on the

12-28 ground that the service differs in kind from the teaching or

12-29 administrative experience for which credit is otherwise given by the

12-30 school district.

12-31 [7.] 8. As used in this section:

12-32 (a) “Previous administrative service” means the total of:

12-33 (1) Any period of administrative service for which an

12-34 administrator received credit from his former employer at the

12-35 beginning of his former employment; and

12-36 (2) His period of administrative service in his former

12-37 employment.

12-38 (b) “Previous teaching service” means the total of:

12-39 (1) Any period of teaching service for which a teacher

12-40 received credit from his former employer at the beginning of his

12-41 former employment; and

12-42 (2) His period of teaching service in his former employment.

12-43 Sec. 12. NRS 392.040 is hereby amended to read as follows:

12-44 392.040 1. Except as otherwise provided by law, each parent,

12-45 custodial parent, guardian or other person in the State of Nevada

13-1 having control or charge of any child between the ages of 7 and 17

13-2 years shall send the child to a public school during all the time the

13-3 public school is in session in the school district in which the child

13-4 resides.

13-5 2. A child who is 5 years of age on or before September 30 of a

13-6 school year may be admitted to kindergarten at the beginning of that

13-7 school year, and his enrollment must be counted for purposes of

13-8 apportionment. If such a child is at risk, he must be admitted to

13-9 kindergarten for a full school day and not for a part of a school

13-10 day. If a child is not 5 years of age on or before September 30 of a

13-11 school year, the child must not be admitted to kindergarten.

13-12 3. Except as otherwise provided in subsection 4, a child who is

13-13 6 years of age on or before September 30 of a school year must:

13-14 (a) If he has not completed kindergarten[, be] :

13-15 (1) Be admitted to kindergarten at the beginning of that

13-16 school year; and

13-17 (2) If he is at risk, be admitted to kindergarten for a full

13-18 school day and not for a part of a school day; or

13-19 (b) If he has completed kindergarten, be admitted to the first

13-20 grade at the beginning of that school year,

13-21 and his enrollment must be counted for purposes of apportionment.

13-22 If a child is not 6 years of age on or before September 30 of a school

13-23 year, the child must not be admitted to the first grade until the

13-24 beginning of the school year following his sixth birthday.

13-25 4. The parents, custodial parent, guardian or other person

13-26 within the State of Nevada having control or charge of a child who

13-27 is 6 years of age on or before September 30 of a school year may

13-28 elect for the child not to attend kindergarten or the first grade during

13-29 that year. The parents, custodial parent, guardian or other person

13-30 who makes such an election shall file with the board of trustees of

13-31 the appropriate school district a waiver in a form prescribed by the

13-32 board.

13-33 5. Whenever a child who is 6 years of age is enrolled in a

13-34 public school, each parent, custodial parent, guardian or other

13-35 person in the State of Nevada having control or charge of the child

13-36 shall send him to the public school during all the time the school is

13-37 in session. This requirement for attendance does not apply to any

13-38 child under the age of 7 years who has not yet been enrolled or has

13-39 been formally withdrawn from enrollment in public school.

13-40 6. A child who is 7 years of age on or before September 30 of a

13-41 school year must:

13-42 (a) If he has completed kindergarten and the first grade, be

13-43 admitted to the second grade.

13-44 (b) If he has completed kindergarten, be admitted to the first

13-45 grade.

14-1 (c) If the parents, custodial parent, guardian or other person in

14-2 the State of Nevada having control or charge of the child waived the

14-3 child’s attendance from kindergarten pursuant to subsection 4,

14-4 undergo an assessment by the district pursuant to subsection 7 to

14-5 determine whether the child is prepared developmentally to be

14-6 admitted to the first grade. If the district determines that the child is

14-7 prepared developmentally, he must be admitted to the first grade. If

14-8 the district determines that the child is not so prepared[, he] :

14-9 (1) He must be admitted to kindergarten[.] ; and

14-10 (2) If he is at risk, he must be admitted to kindergarten for

14-11 a full school day and not for a part of a school day.

14-12 The enrollment of any child pursuant to this subsection must be

14-13 counted for apportionment purposes.

14-14 7. Each school district shall prepare and administer before the

14-15 beginning of each school year a developmental screening test to a

14-16 child:

14-17 (a) Who is 7 years of age on or before September 30 of the next

14-18 school year; and

14-19 (b) Whose parents waived his attendance from kindergarten

14-20 pursuant to subsection 4,

14-21 to determine whether the child is prepared developmentally to be

14-22 admitted to the first grade. The results of the test must be made

14-23 available to the parents, custodial parent, guardian or other person

14-24 within the State of Nevada having control or charge of the child.

14-25 8. A child who becomes a resident of this state after

14-26 completing kindergarten or beginning first grade in another state in

14-27 accordance with the laws of that state may be admitted to the grade

14-28 he was attending or would be attending had he remained a resident

14-29 of the other state regardless of his age, unless the board of trustees

14-30 of the school district determines that the requirements of this section

14-31 are being deliberately circumvented.

14-32 9. As used in this section[, “kindergarten” includes:] :

14-33 (a) A child is “at risk” if he is eligible for free and reduced-

14-34 price school lunches pursuant to 42 U.S.C. §§ 1751 et seq.

14-35 (b) “Kindergarten” includes:

14-36 (1) A kindergarten established by the board of trustees of a

14-37 school district pursuant to NRS 388.060;

14-38 [(b)] (2) A kindergarten established by the governing body of a

14-39 charter school; and

14-40 [(c)] (3) An authorized program of instruction for kindergarten

14-41 offered in a child’s home pursuant to NRS 388.060.

14-42 Sec. 13. 1. There is hereby appropriated from the State

14-43 General Fund to the Department of Education the following sums to

14-44 assist school districts with restoring reductions made to their

14-45 operating funds:

15-1 For the Fiscal Year 2003-2004..... $85,411,970

15-2 For the Fiscal Year 2004-2005..... $73,110,775

15-3 2. The board of trustees of a school district that has, since the

15-4 2000-2001 Fiscal Year, eliminated services or programs or

15-5 otherwise made reductions to maintain a balanced budget may apply

15-6 to the Department of Education for money from the appropriation

15-7 made by subsection 1 to restore the services, programs or other

15-8 reductions. The amount requested by a school district must include a

15-9 separate breakdown for each program, service or other reduction

15-10 setting forth the amount that is necessary to restore the program or

15-11 service. To the extent that money is available from the appropriation

15-12 made by subsection 1, the Department of Education shall distribute

15-13 the money to each school district to assist the school district with

15-14 restoring programs or services that have been, since the 2000-2001

15-15 Fiscal Year, reduced or eliminated by the school district.

15-16 3. Any remaining balance of the appropriation made by

15-17 subsection 1 for the 2003-2004 Fiscal Year must be added to the

15-18 money for the 2004-2005 Fiscal Year and may be expended as that

15-19 money is expended. Any remaining balance of the appropriation

15-20 made by subsection 1 for the 2004-2005 Fiscal Year, including any

15-21 money added from the appropriation for the previous fiscal year,

15-22 must not be committed for expenditure after June 30, 2005, and

15-23 reverts to the State General Fund as soon as all payments of money

15-24 committed have been made.

15-25 Sec. 14. 1. There is hereby appropriated from the State

15-26 General Fund to the State Distributive School Account the

15-27 following sums to pay for the inflation of certain projected costs:

15-28 For the Fiscal Year 2003-2004..... $14,417,085

15-29 For the Fiscal Year 2004-2005..... $25,780,512

15-30 2. The money appropriated by subsection 1 must be distributed

15-31 to the school districts throughout this state to pay for the inflation of

15-32 the costs projected by the school districts for utilities, property and

15-33 liability insurance, health insurance and educational supplies,

15-34 material and equipment that were made in preparing the biennial

15-35 budgetary request for the State Distributive School Account for the

15-36 2003-2005 biennium. The money allocated pursuant to this

15-37 subsection must be in addition to the money that is otherwise

15-38 distributed to school districts from the State Distributive School

15-39 Account for those costs for the 2003-2005 biennium.

15-40 Sec. 15. 1. There is hereby appropriated from the State

15-41 General Fund to the State Distributive School Account the

15-42 following sums for instructional supplies, instructional equipment

15-43 and textbooks:

15-44 For the Fiscal Year 2003-2004..... $19,065,550

15-45 For the Fiscal Year 2004-2005..... $19,932,600

16-1 2. To the extent money is available from the appropriation

16-2 made by subsection 1, the money must be distributed to the school

16-3 districts throughout this state in an amount equal to $50 per pupil

16-4 enrolled in each school district. A school district shall use the

16-5 money only for instructional supplies, instructional equipment and

16-6 textbooks. A school district may not use the money to:

16-7 (a) Reduce or supplant the money which would otherwise be

16-8 expended by the school district for instructional supplies,

16-9 instructional equipment and textbooks.

16-10 (b) Satisfy the expenditure requirements of NRS 387.207.

16-11 Sec. 16. 1. There is hereby appropriated from the State

16-12 General Fund to the State Distributive School Account the

16-13 following sums for English language learner programs:

16-14 For the Fiscal Year 2003-2004..... $37,484,000

16-15 For the Fiscal Year 2004-2005..... $39,471,200

16-16 2. The money appropriated by subsection 1 must be distributed

16-17 to the school districts throughout this state based upon the number

16-18 of pupils enrolled in English language learner programs in each

16-19 school district. The money allocated pursuant to this subsection

16-20 must be in addition to the money that is otherwise distributed to

16-21 school districts from the State Distributive School Account for the

16-22 2003-2005 biennium for per pupil basic support.

16-23 Sec. 17. 1. There is hereby appropriated from the State

16-24 General Fund to the Department of Education the following sums to

16-25 provide increases in salaries and associated benefits, excluding

16-26 health insurance, for teachers and other licensed educational

16-27 personnel:

16-28 For the Fiscal Year 2003-2004..... $85,065,474

16-29 For the Fiscal Year 2004-2005..... $182,740,403

16-30 2. The money from the appropriation made by subsection 1

16-31 must be apportioned in the same proportions per pupil as established

16-32 by the Department of Education for the various county school

16-33 districts for the 2003-2004 Fiscal Year and for the 2004-2005 Fiscal

16-34 Year. Each school district shall use the money to provide increases

16-35 in salaries and associated benefits, excluding health insurance, of

16-36 approximately 5 percent per fiscal year for the teachers and other

16-37 licensed educational personnel employed by the school district.

16-38 3. Any balance of the sums appropriated by subsection 1

16-39 remaining at the end of the respective fiscal years must not be

16-40 committed for expenditure after June 30 of the respective fiscal

16-41 years and reverts to the State General Fund as soon as all payments

16-42 of money committed have been made.

16-43 Sec. 18. 1. There is hereby appropriated from the State

16-44 General Fund to the State Distributive School Account the

17-1 following sums for expenses related to providing health insurance

17-2 for licensed educational personnel:

17-3 For the Fiscal Year 2003-2004..... $22,241,362

17-4 For the Fiscal Year 2004-2005..... $48,785,448

17-5 2. The money appropriated by subsection 1 must be distributed

17-6 to the school districts throughout this state to increase the amount of

17-7 money available to pay the costs of health insurance for the licensed

17-8 educational personnel of each school district. The money allocated

17-9 pursuant to this subsection must be in addition to the money that is

17-10 otherwise distributed to school districts from the State Distributive

17-11 School Account for the 2003-2005 biennium.

17-12 Sec. 19. 1. There is hereby appropriated from the State

17-13 General Fund to the Department of Education the following sums to

17-14 provide signing bonuses to teachers who are newly hired by school

17-15 districts:

17-16 For the Fiscal Year 2003-2004..... $5,000,000

17-17 For the Fiscal Year 2004-2005..... $5,000,000

17-18 2. A newly hired teacher may not receive a signing bonus until

17-19 he has taught for a school district in this state for at least 30 days. A

17-20 teacher may not receive more than one signing bonus pursuant to

17-21 this section. A teacher who teaches for a school district in this state

17-22 before the effective date of this act and who subsequently transfers

17-23 to another school district in this state is not eligible to receive a

17-24 signing bonus pursuant to this section.

17-25 3. A school district that wishes to provide signing bonuses to

17-26 its newly hired teachers shall submit information to the Department

17-27 of Education, in a format prescribed by the Department, concerning

17-28 the number of teachers who are newly hired by the school district to

17-29 teach for the 2003-2004 school year and the teachers who are newly

17-30 hired by the school district to teach for the 2004-2005 school year.

17-31 A school district shall submit a request for each fiscal year that it

17-32 wishes to provide signing bonuses pursuant to this section.

17-33 4. The Department of Education shall use the money

17-34 appropriated by subsection 1 to provide signing bonuses to not more

17-35 than 2,500 teachers who are newly hired for the 2003-2004 school

17-36 year and to provide signing bonuses to not more than 2,500 teachers

17-37 who are newly hired for the 2004-2005 school year. The amount of

17-38 a bonus paid to each teacher must not exceed $2,000.

17-39 5. Any balance of the sums appropriated by subsection 1

17-40 remaining at the end of the respective fiscal years must not be

17-41 committed for expenditure after June 30 of the respective fiscal

17-42 years and reverts to the State General Fund as soon as all payments

17-43 of money committed have been made.

18-1 Sec. 20. 1. There is hereby appropriated from the State

18-2 General Fund to the Department of Education the following sums to

18-3 provide stipends to certain teachers and school psychologists:

18-4 For the Fiscal Year 2003-2004..... $16,138,859

18-5 For the Fiscal Year 2004-2005..... $16,865,108

18-6 2. The board of trustees of a school district may apply to the

18-7 Department of Education to provide stipends to:

18-8 (a) Licensed teachers who provide instruction in mathematics at

18-9 a secondary school and who hold an endorsement to teach in that

18-10 subject area.

18-11 (b) Licensed teachers who provide instruction to pupils who are

18-12 enrolled in a program of special education or a program for pupils

18-13 who are limited English proficient if those teachers hold an

18-14 endorsement to teach in the subject area in which they provide

18-15 instruction.

18-16 (c) School psychologists.

18-17 (d) Licensed teachers who have been employed to teach for at

18-18 least 1 school year at an at-risk school where at least 50 percent of

18-19 the pupils enrolled in the school are eligible for free and reduced-

18-20 price school lunches pursuant to 42 U.S.C. §§ 1751 et seq.

18-21 3. The Department of Education shall distribute the money

18-22 appropriated by subsection 1 to each school district that submits an

18-23 application based upon the number of teachers and school

18-24 psychologists employed by each school district who satisfy the

18-25 qualifications for a stipend set forth in subsection 2. A school

18-26 district that receives a grant of money shall use the money to pay:

18-27 (a) To the teachers employed by the school district who satisfy

18-28 the qualifications set forth in paragraph (a) or (b) of subsection 2, a

18-29 stipend of $3,000 per teacher.

18-30 (b) To the school psychologists employed by the school district,

18-31 a stipend of $3,000 per school psychologist.

18-32 (c) To the teachers employed by the school district who satisfy

18-33 the qualifications set forth in paragraph (d) of subsection 2, a

18-34 stipend of $2,000 per teacher.

18-35 If the amount of a distribution to a school district is insufficient to

18-36 pay a stipend to each teacher and school psychologist who satisfies

18-37 the qualifications, the school district shall prescribe additional

18-38 criteria for receipt of a stipend, which may include, without

18-39 limitation, the number of years a teacher or school psychologist has

18-40 been employed in that position.

18-41 4. Any balance of the sums appropriated by subsection 1

18-42 remaining at the end of the respective fiscal years must not be

18-43 committed for expenditure after June 30 of the respective fiscal

18-44 years and reverts to the State General Fund as soon as all payments

18-45 of money committed have been made.

19-1 Sec. 21. 1. There is hereby appropriated from the State

19-2 General Fund to the State Distributive School Account the

19-3 following sums for the addition of 5 days of school to be used for

19-4 professional development:

19-5 For the Fiscal Year 2003-2004..... $42,906,370

19-6 For the Fiscal Year 2004-2005..... $44,193,560

19-7 2. The money appropriated by subsection 1 must be used by

19-8 the Department of Education for allocation to the 17 county school

19-9 districts in a fair and equitable manner. A school district that

19-10 receives an allocation of money shall ensure that the money is used

19-11 for 5 additional days of school for the 2003-2004 school year and 5

19-12 additional days of school for the 2004-2005 school year to be used

19-13 for the professional development of teachers.

19-14 Sec. 22. 1. There is hereby appropriated from the State

19-15 General Fund to the Department of Education the sum of

19-16 $15,240,533 for distribution to school districts to provide

19-17 kindergarten pursuant to section 12 of this act for a full school day

19-18 to children who are at risk.

19-19 2. The money appropriated pursuant to subsection 1 must be

19-20 distributed to the school districts throughout this state for the

19-21 purposes of preparing for and carrying out kindergarten for a full

19-22 school day to children who are at risk.

19-23 3. Any remaining balance of the appropriation made by

19-24 subsection 1 must not be committed for expenditure after June 30,

19-25 2005, and reverts to the State General Fund as soon as all payments

19-26 of money committed have been made.

19-27 Sec. 23. 1. There is hereby appropriated from the State

19-28 General Fund to the Department of Education the following sums

19-29 for tutoring, summer school and intersession programs:

19-30 For the Fiscal Year 2003-2004..... $6,735,477

19-31 For the Fiscal Year 2004-2005..... $7,335,197

19-32 2. A school district may apply to the Department of Education

19-33 for a grant of money from the appropriation made by subsection 1 to

19-34 provide:

19-35 (a) Programs of tutoring for pupils;

19-36 (b) Summer school; or

19-37 (c) Special programs for pupils between sessions in schools with

19-38 year-round school calendars,

19-39 or any combination thereof.

19-40 3. An application submitted pursuant to subsection 2 must

19-41 include an explanation of each type of program that the school

19-42 district will offer with the money. Within the limits of money made

19-43 available by the appropriation, the Department of Education shall

19-44 distribute the money to the school districts with approved

19-45 applications based upon the number of pupils that are estimated to

20-1 participate in the programs that will be offered. If a school district

20-2 receives a grant of money, the school district shall ensure that the

20-3 individual public schools located within the school district are given

20-4 the opportunity to select which program or combination of programs

20-5 will be most effective in improving the academic achievement of

20-6 pupils enrolled in the school or enhancing the education of pupils

20-7 enrolled in the school.

20-8 4. The sums appropriated by subsection 1 are available for

20-9 either fiscal year. Any remaining balance of those sums must not be

20-10 committed for expenditure after June 30, 2005, and reverts to the

20-11 State General Fund as soon as all payments of money committed

20-12 have been made.

20-13 Sec. 24. 1. There is hereby appropriated from the State

20-14 General Fund to the Department of Education the following sums

20-15 for school districts to offer career and technical education courses:

20-16 For the Fiscal Year 2003-2004..... $5,000,000

20-17 For the Fiscal Year 2004-2005..... $5,000,000

20-18 2. The Department of Education shall distribute the money

20-19 appropriated by subsection 1 to the 17 county school districts based

20-20 upon the number of pupils enrolled in each school district in career

20-21 and technical education courses. A school district that receives a

20-22 grant of money pursuant to this subsection must use the money to

20-23 purchase equipment, supplies, software and related technology, and

20-24 to pay other costs associated with providing career and technical

20-25 education courses.

20-26 3. The sums appropriated by subsection 1 are available for

20-27 either fiscal year. Any remaining balance of those sums must not be

20-28 committed for expenditure after June 30, 2005, and reverts to the

20-29 State General Fund as soon as all payments of money committed

20-30 have been made.

20-31 Sec. 25. 1. There is hereby appropriated from the State

20-32 General Fund to the Department of Education the following sums

20-33 for the support of programs of education for certain pupils who are

20-34 temporarily removed from the classroom and assigned to a

20-35 temporary alternative placement:

20-36 For the Fiscal Year 2003-2004..... $27,862,101

20-37 For the Fiscal Year 2004-2005..... $28,419,239

20-38 2. A school district may apply to the Department of Education

20-39 for a grant of money from the appropriation made by subsection 1.

20-40 An application must include:

20-41 (a) A description of the manner in which the school district

20-42 ensures that the public schools within the school district comply

20-43 with NRS 392.4642 to 392.4648, inclusive.

20-44 (b) A plan for the school district to use a grant of money to

20-45 provide programs of education to pupils who are temporarily

21-1 removed from the classroom and assigned to a temporary alternative

21-2 placement pursuant to NRS 392.4642 to 392.4648, inclusive,

21-3 including, without limitation, the payment of salaries and benefits to

21-4 teachers who provide the programs of education to those pupils.

21-5 (c) The proposed budget for the plan set forth in paragraph (b),

21-6 which must not exceed:

21-7 (1) For each elementary school for the Fiscal Year 2003-

21-8 2004, $56,865.

21-9 (2) For each elementary school for the Fiscal Year 2004-

21-10 2005, $58,002.

21-11 (3) For each secondary school for the Fiscal Year 2003-2004,

21-12 $57,552.

21-13 (4) For each secondary school for the Fiscal Year 2004-2005,

21-14 $58,703.

21-15 (d) Any additional information requested by the Department.

21-16 3. The Department shall distribute the money appropriated by

21-17 subsection 1 to school districts with approved applications based

21-18 upon the number of elementary schools and secondary schools in

21-19 each school district. A school district that receives a grant of money

21-20 shall use the money to pay the salaries and benefits of teachers who

21-21 provide programs of education to pupils who are temporarily

21-22 removed from the classroom and assigned to a temporary alternative

21-23 placement pursuant to NRS 392.4642 to 392.4648, inclusive.

21-24 4. If a school district receives a grant of money for the 2003-

21-25 2004 Fiscal Year and the school district desires to receive a grant of

21-26 money for the 2004-2005 Fiscal Year, it must submit another

21-27 application pursuant to subsection 2.

21-28 5. Any balance of the sums appropriated by subsection 1

21-29 remaining at the end of the respective fiscal years must not be

21-30 committed for expenditure after June 30 of the respective fiscal

21-31 years and reverts to the State General Fund as soon as all payments

21-32 of money committed have been made.

21-33 Sec. 26. 1. This section and sections 1 to 11, inclusive, and

21-34 13 to 25, inclusive, of this act become effective on July 1, 2003.

21-35 2. Section 12 of this act becomes effective on July 1, 2004.

21-36 H