S.B. 210
Senate Bill No. 210–Committee on Finance
(On
Behalf of the Legislative Committee on
Education (NRS 218.5352))
February 26, 2003
____________
Referred to Committee on Finance
SUMMARY—Makes various changes governing education and makes related appropriations. (BDR 34‑636)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Contains Appropriation not included in Executive Budget.
CONTAINS UNFUNDED MANDATE (§§ 2, 16)
(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; requiring the boards of trustees of school districts to pay increased salaries to teachers who provide instruction in a field of mathematics or science and to teachers who provide instruction to pupils with disabilities; requiring the State Board of Education to adopt regulations identifying the endorsements in the fields of mathematics and science that qualify a teacher to receive an increase in salary; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the Regional Training Programs; making appropriations; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 387.303 is hereby amended to read as follows:
1-2 387.303 1. Not later than November 10 of each year, the
1-3 board of trustees of each school district shall submit to the
2-1 Superintendent of Public Instruction and the Department of
2-2 Taxation a report which includes the following information:
2-3 (a) For each fund within the school district, including, without
2-4 limitation, the school district’s general fund and any special revenue
2-5 fund which receives state money, the total number and salaries of
2-6 licensed and nonlicensed persons whose salaries are paid from the
2-7 fund and who are employed by the school district in full-time
2-8 positions or in part-time positions added together to represent full-
2-9 time positions. Information must be provided for the current school
2-10 year based upon the school district’s final budget, including any
2-11 amendments and augmentations thereto, and for the preceding
2-12 school year. An employee must be categorized as filling an
2-13 instructional, administrative, instructional support or other position.
2-14 (b) The count of pupils computed pursuant to paragraph (a) of
2-15 subsection 1 of NRS 387.1233.
2-16 (c) The school district’s actual expenditures in the fiscal year
2-17 immediately preceding the report.
2-18 (d) The school district’s proposed expenditures for the current
2-19 fiscal year.
2-20 (e) The schedule of salaries for licensed employees in the
2-21 current school year and a statement of whether the negotiations
2-22 regarding salaries for the current school year have been completed.
2-23 If the negotiations have not been completed at the time the schedule
2-24 of salaries is submitted, the board of trustees shall submit a
2-25 supplemental report to the Superintendent of Public Instruction upon
2-26 completion of negotiations or the determination of an arbitrator
2-27 concerning the negotiations that includes the schedule of salaries
2-28 agreed to or required by the arbitrator.
2-29 (f) The number of teachers who received an increase in salary
2-30 pursuant to [subsection 2 of] NRS 391.160 for the current and
2-31 preceding fiscal years. If the board of trustees is required to pay an
2-32 increase in salary retroactively pursuant to subsection 2 of NRS
2-33 391.160, the board of trustees shall submit a supplemental report to
2-34 the Superintendent of Public Instruction not later than February 15
2-35 of the year in which the retroactive payment was made that includes
2-36 the number of teachers to whom an increase in salary was paid
2-37 retroactively.
2-38 (g) The number of employees eligible for health insurance
2-39 within the school district for the current and preceding fiscal years
2-40 and the amount paid for health insurance for each such employee
2-41 during those years.
2-42 (h) The rates for fringe benefits, excluding health insurance,
2-43 paid by the school district for its licensed employees in the
2-44 preceding and current fiscal years.
3-1 (i) The amount paid for extra duties, supervision of
3-2 extracurricular activities and supplemental pay and the number of
3-3 employees receiving that pay in the preceding and current fiscal
3-4 years.
3-5 (j) The expenditures from the account created pursuant to
3-6 subsection 3 of NRS 179.1187. The report must indicate the total
3-7 amount received by the district in the preceding fiscal year[,] and
3-8 the specific amount spent on books and computer hardware and
3-9 software for each grade level in the district.
3-10 2. On or before November 25 of each year, the Superintendent
3-11 of Public Instruction shall submit to the Department of
3-12 Administration and the Fiscal Analysis Division of the Legislative
3-13 Counsel Bureau, in a format approved by the Director of the
3-14 Department of Administration, a compilation of the reports made by
3-15 each school district pursuant to subsection 1.
3-16 3. The Superintendent of Public Instruction shall, in the
3-17 compilation required by subsection 2, reconcile the revenues and
3-18 expenditures of the school districts with the apportionment received
3-19 by those districts from the State Distributive School Account for the
3-20 preceding year.
3-21 Sec. 2. NRS 391.160 is hereby amended to read as follows:
3-22 391.160 1. The salaries of teachers and other employees must
3-23 be determined by the character of the service required. A school
3-24 district shall not discriminate between male and female employees
3-25 in the matter of salary.
3-26 2. Each year when determining the salary of a teacher who
3-27 holds certification issued by the National Board for Professional
3-28 Teaching Standards, a school district shall add 5 percent to the
3-29 salary that the teacher would otherwise receive in 1 year for his
3-30 classification on the schedule of salaries for the school district if:
3-31 (a) On or before January 31 of the school year, the teacher has
3-32 submitted evidence satisfactory to the school district of his current
3-33 certification; and
3-34 (b) The teacher is assigned by the school district to provide
3-35 classroom instruction during that school year.
3-36 No increase in salary may be given during a particular school year
3-37 to a teacher who submits evidence of certification after January 31
3-38 of that school year. For the first school year that a teacher submits
3-39 evidence of his current certification, the board of trustees of
3-40 the school district to whom the evidence was submitted shall pay the
3-41 increase in salary required by this subsection retroactively to the
3-42 beginning of that school year. Once a teacher has submitted
3-43 evidence of such certification to the school district, the school
3-44 district shall retain the evidence in its records, as applicable, for
3-45 future school years. An increase in salary given in accordance with
4-1 this subsection is in addition to any other increase to which the
4-2 teacher may otherwise be entitled[.] , including, without limitation,
4-3 an increase given in accordance with subsection 3 or 4.
4-4 3. Each year when determining the salary of a teacher who is
4-5 assigned to provide classroom instruction for that school year in a
4-6 field of mathematics or science at a junior high school, middle
4-7 school or high school, a school district shall add 5 percent to the
4-8 salary that the teacher would otherwise receive in 1 year for his
4-9 classification on the schedule of salaries for the school district if:
4-10 (a) The teacher holds a secondary license to teach with an
4-11 endorsement in a field of mathematics or science, as applicable,
4-12 identified by the State Board pursuant to subsection 8; and
4-13 (b) The teacher is assigned by the school district to provide
4-14 classroom instruction during the regular school day for that
4-15 school year in the area of his endorsement.
4-16 A teacher may receive an increase in salary pursuant to this
4-17 subsection for only one field, regardless of whether he provides
4-18 classroom instruction in mathematics and science during the same
4-19 school year. An increase in salary given in accordance with this
4-20 subsection is in addition to any other increase to which the teacher
4-21 may otherwise be entitled, including, without limitation, an
4-22 increase given in accordance with subsection 2 or 4.
4-23 4. Each year when determining the salary of a teacher who is
4-24 assigned to provide classroom instruction to pupils with
4-25 disabilities, a school district shall add 5 percent to the salary that
4-26 the teacher would otherwise receive in 1 year for his classification
4-27 on the schedule of salaries for the school district if:
4-28 (a) The teacher holds a license to teach with an endorsement
4-29 to teach pupils with disabilities, which may include an
4-30 endorsement to teach pupils with a particular disability; and
4-31 (b) The teacher is assigned by the school district to provide
4-32 classroom instruction to pupils with disabilities during the
4-33 regular school day for that school year in the area of his
4-34 endorsement.
4-35 An increase in salary given in accordance with this subsection is
4-36 in addition to any other increase to which the teacher may
4-37 otherwise be entitled, including, without limitation, an increase
4-38 given in accordance with subsection 2 or 3.
4-39 5. In determining the salary of a licensed teacher who is
4-40 employed by a school district after the teacher has been employed
4-41 by another school district in this state, the present employer shall,
4-42 except as otherwise provided in subsection [6:] 9:
4-43 (a) Give the teacher the same credit for previous teaching
4-44 service as he was receiving from his former employer at the end of
4-45 his former employment;
5-1 (b) Give the teacher credit for his final year of service with his
5-2 former employer, if credit for that service is not included in credit
5-3 given pursuant to paragraph (a); and
5-4 (c) Place the teacher on the schedule of salaries of the school
5-5 district in a classification that is commensurate with the level of
5-6 education acquired by the teacher, as set forth in the applicable
5-7 negotiated agreement with the present employer.
5-8 [4.] 6. A school district may give the credit required by
5-9 subsection [3] 5 for previous teaching service earned in another state
5-10 if the Commission has approved the standards for licensing teachers
5-11 of that state. The Commission shall adopt regulations that establish
5-12 the criteria by which the Commission will consider the standards for
5-13 licensing teachers of other states for the purposes of this subsection.
5-14 The criteria may include, without limitation, whether the
5-15 Commission has authorized reciprocal licensure of educational
5-16 personnel from the other state under consideration.
5-17 [5.] 7. In determining the salary of a licensed administrator,
5-18 other than the superintendent of schools, who is employed by a
5-19 school district after the administrator has been employed by another
5-20 school district in this state, the present employer shall, except as
5-21 otherwise provided in subsection [6:] 9:
5-22 (a) Give the administrator the same credit for previous
5-23 administrative service as he was receiving from his former
5-24 employer, at the end of his former employment;
5-25 (b) Give the administrator credit for his final year of service
5-26 with his former employer, if credit for that service is not otherwise
5-27 included in the credit given pursuant to paragraph (a); and
5-28 (c) Place the administrator on the schedule of salaries of the
5-29 school district in a classification that is comparable to the
5-30 classification the administrator had attained on the schedule of
5-31 salaries of his former employer.
5-32 [6. This section does]
5-33 8. The State Board shall adopt regulations identifying the
5-34 endorsements in the fields of mathematics and science that qualify
5-35 a teacher to receive an increase in salary pursuant to subsection 3.
5-36 9. The provisions of this section do not:
5-37 (a) Require a school district to allow a teacher or administrator
5-38 more credit for previous teaching or administrative service than the
5-39 maximum credit for teaching or administrative experience provided
5-40 for in the schedule of salaries established by it for its licensed
5-41 personnel.
5-42 (b) Permit a school district to deny a teacher or administrator
5-43 credit for his previous teaching or administrative service on the
5-44 ground that the service differs in kind from the teaching or
6-1 administrative experience for which credit is otherwise given by the
6-2 school district.
6-3 [7.] 10. As used in this section:
6-4 (a) “Previous administrative service” means the total of:
6-5 (1) Any period of administrative service for which an
6-6 administrator received credit from his former employer at the
6-7 beginning of his former employment; and
6-8 (2) His period of administrative service in his former
6-9 employment.
6-10 (b) “Previous teaching service” means the total of:
6-11 (1) Any period of teaching service for which a teacher
6-12 received credit from his former employer at the beginning of his
6-13 former employment; and
6-14 (2) His period of teaching service in his former employment.
6-15 Sec. 3. NRS 391.512 is hereby amended to read as follows:
6-16 391.512 1. The Clark County School District, Douglas
6-17 County School District, Elko County School District and Washoe
6-18 County School District shall each establish and operate a [regional]
6-19 :
6-20 (a) Regional training program for the professional development
6-21 of teachers and administrators.
6-22 (b) Nevada Early Literacy Intervention Program through the
6-23 regional training program established pursuant to paragraph (a).
6-24 2. Except as otherwise provided in subsection 6, the regional
6-25 training program established by the Clark County School District
6-26 must primarily provide services to teachers and administrators who
6-27 are employed by school districts in:
6-28 (a) Clark County;
6-29 (b) Esmeralda County;
6-30 (c) Lincoln County; and
6-31 (d) Nye County.
6-32 3. Except as otherwise provided in subsection 6, the regional
6-33 training program established by the Douglas County School District
6-34 must primarily provide services to teachers and administrators who
6-35 are employed by school districts in:
6-36 (a) Carson City;
6-37 (b) Churchill County;
6-38 (c) Douglas County;
6-39 (d) Lyon County; and
6-40 (e) Mineral County.
6-41 4. Except as otherwise provided in subsection 6, the regional
6-42 training program established by the Elko County School District
6-43 must primarily provide services to teachers and administrators who
6-44 are employed by school districts in:
6-45 (a) Elko County;
7-1 (b) Eureka County;
7-2 (c) Lander County;
7-3 (d) Humboldt County; and
7-4 (e) White Pine County.
7-5 5. Except as otherwise provided in subsection 6, the regional
7-6 training program established by the Washoe County School District
7-7 must primarily provide services to teachers and administrators who
7-8 are employed by school districts in:
7-9 (a) Pershing County;
7-10 (b) Storey County; and
7-11 (c) Washoe County.
7-12 6. Each regional training program shall, when practicable,
7-13 make reasonable accommodations for the attendance of teachers and
7-14 administrators who are employed by school districts outside the
7-15 primary jurisdiction of the regional training program.
7-16 Sec. 4. NRS 391.516 is hereby amended to read as follows:
7-17 391.516 1. The Statewide Council for the Coordination of the
7-18 Regional Training Programs, consisting of [eight] nine members, is
7-19 hereby created. The membership of the Council consists of:
7-20 (a) Each coordinator appointed by the governing body of each
7-21 regional training program pursuant to NRS 391.532 . [; and]
7-22 (b) One member of the governing body of each regional training
7-23 program, appointed by the governing body. The member appointed
7-24 pursuant to this paragraph may appoint a designee to serve in his
7-25 place.
7-26 (c) One representative of the Nevada State Education
7-27 Association, appointed by the Executive Director of that
7-28 Association.
7-29 2. Each coordinator who serves on the Statewide Council is a
7-30 member of the Statewide Council only for the period of his service
7-31 as coordinator of the regional training program pursuant to
7-32 NRS 391.532.
7-33 3. Each member appointed by the governing body pursuant to
7-34 paragraph (b) of subsection 1 [serves] and the member appointed
7-35 pursuant to paragraph (c) of subsection 1 serve a term of 2 years.
7-36 4. Members of the Statewide Council serve without salary [or
7-37 compensation for their travel or per diem expenses.] , but are
7-38 entitled to receive the per diem allowance and travel expenses
7-39 provided for state officers and employees generally for each day or
7-40 portion of a day during which a member attends a meeting of the
7-41 Statewide Council or is otherwise engaged in the work of the
7-42 Statewide Council. For the members of the Statewide Council who
7-43 are appointed pursuant to paragraphs (a) and (b) of subsection 1,
7-44 the governing body of the regional training program represented
7-45 by those members shall pay the per diem allowance and travel
8-1 expenses. For the member of the Statewide Council who is
8-2 appointed pursuant to paragraph (c) of subsection 1, the Nevada
8-3 State Education Association shall pay the per diem allowance and
8-4 travel expenses.
8-5 5. The governing bodies of the regional training programs may
8-6 mutually agree to expend a portion of their respective budgets to pay
8-7 for the administrative support of the Statewide Council.
8-8 Sec. 5. NRS 391.520 is hereby amended to read as follows:
8-9 391.520 1. The Statewide Council shall meet not less than
8-10 four times per year.
8-11 2. The Statewide Council shall:
8-12 (a) Adopt uniform standards for use by the governing body of
8-13 each regional training program in the review and approval by the
8-14 governing body of the training to be provided by the regional
8-15 training program pursuant to NRS 391.540 and 391.544. The
8-16 standards must ensure that the training provided by the regional
8-17 training programs is of high quality and is effective in addressing
8-18 the training programs specified in subsection 1 of NRS 391.544.
8-19 (b) Coordinate the dissemination of information to school
8-20 districts, administrators and teachers concerning the training,
8-21 programs and services provided by the regional training programs.
8-22 (c) Disseminate information to the regional training programs
8-23 concerning innovative and effective methods to provide professional
8-24 development.
8-25 (d) Conduct long-range planning concerning the professional
8-26 development needs of teachers and administrators employed in this
8-27 state.
8-28 (e) Adopt uniform procedures for use by the governing body of
8-29 each regional training program to report the evaluation conducted
8-30 pursuant to NRS 391.552.
8-31 3. The Statewide Council may:
8-32 (a) Accept gifts and grants from any source on behalf of one
8-33 or more regional training programs to assist with the training
8-34 provided pursuant to NRS 391.544.
8-35 (b) Comply with applicable federal laws and regulations
8-36 governing the provision of federal grants to assist with the training
8-37 provided pursuant to NRS 391.544, including, without limitation,
8-38 providing money from the budget of the Statewide Council to
8-39 match the money received from a federal grant.
8-40 Sec. 6. NRS 391.536 is hereby amended to read as follows:
8-41 391.536 1. On an annual basis, the governing body of each
8-42 regional training program shall review the budget for the program
8-43 and submit a proposed budget to the Legislative Committee on
8-44 Education. The proposed budget must include, without limitation,
8-45 the amount of money requested by the governing body to pay for the
9-1 services of the coordinator of the program appointed pursuant to
9-2 NRS 391.532. In even-numbered years, the proposed budget must
9-3 be submitted to the Legislative Committee on Education at least 4
9-4 months before the commencement of the next regular session of the
9-5 Legislature.
9-6 2. The governing body of a regional training program may:
9-7 (a) Accept gifts and grants from any source to assist the
9-8 governing body in providing the training required by
9-9 NRS 391.544.
9-10 (b) Comply with applicable federal laws and regulations
9-11 governing the provision of federal grants to assist with the training
9-12 provided pursuant to NRS 391.544, including, without limitation,
9-13 providing money from the budget of the governing body to match
9-14 the money received from a federal grant.
9-15 Sec. 7. NRS 391.544 is hereby amended to read as follows:
9-16 391.544 1. Based upon the assessment of needs for training
9-17 within the region and priorities of training adopted by the governing
9-18 body pursuant to NRS 391.540, each regional training program must
9-19 provide:
9-20 (a) Training for teachers in the standards established by the
9-21 Council to Establish Academic Standards for Public Schools
9-22 pursuant to NRS 389.520 . [; and]
9-23 (b) Through the Nevada Early Literacy Intervention Program
9-24 established for the regional training program, training for
9-25 teachers who teach kindergarten and grades 1, 2 or 3 on methods
9-26 to teach fundamental reading skills, including, without limitation:
9-27 (1) Phonemic awareness;
9-28 (2) Phonics;
9-29 (3) Vocabulary;
9-30 (4) Fluency;
9-31 (5) Comprehension; and
9-32 (6) Motivation.
9-33 (c) At least one of the following types of training:
9-34 (1) Training for teachers and school administrators in the
9-35 assessment and measurement of pupil achievement and the effective
9-36 methods to analyze the test results and scores of pupils to improve
9-37 the achievement and proficiency of pupils.
9-38 (2) Training for teachers in specific content areas to enable
9-39 the teachers to provide a higher level of instruction in their
9-40 respective fields of teaching. Such training must include instruction
9-41 in effective methods to teach in a content area provided by teachers
9-42 who are considered masters in that content area.
9-43 (3) [Training] In addition to the training provided pursuant
9-44 to paragraph (b) of subsection 1, training for teachers in the
9-45 methods to teach basic skills to pupils, such as providing instruction
10-1 in reading with the use of phonics and providing instruction in basic
10-2 skills of mathematics computation.
10-3 2. The training required pursuant to subsection 1 must:
10-4 (a) Include appropriate procedures to ensure follow-up training
10-5 for teachers and administrators who have received training through
10-6 the program.
10-7 (b) Incorporate training that addresses the educational needs of:
10-8 (1) Pupils with disabilities who participate in programs of
10-9 special education; and
10-10 (2) Pupils whose primary language is not English.
10-11 3. The governing body of each regional training program shall
10-12 prepare and maintain a list that identifies programs for the
10-13 professional development of teachers and administrators that
10-14 successfully incorporate [the] :
10-15 (a) The standards of content and performance established by the
10-16 Council to Establish Academic Standards for Public Schools
10-17 pursuant to NRS 389.520 [and other] ;
10-18 (b) Fundamental reading skills; and
10-19 (c) Other training listed in subsection 1.
10-20 The governing body shall provide a copy of the list on an annual
10-21 basis to school districts for dissemination to teachers and
10-22 administrators.
10-23 4. A regional training program may include model classrooms
10-24 that demonstrate the use of educational technology for teaching and
10-25 learning.
10-26 Sec. 8. NRS 391.552 is hereby amended to read as follows:
10-27 391.552 The governing body of each regional training program
10-28 shall:
10-29 1. Establish a method for the evaluation of the success of the
10-30 regional training program[.] , including, without limitation, the
10-31 Nevada Early Literacy Intervention Program. The method must be
10-32 consistent with the uniform procedures adopted by the Statewide
10-33 Council pursuant to NRS 391.520.
10-34 2. On or before July 1 of each year, submit an annual report to
10-35 the State Board, the Commission, the Legislative Committee on
10-36 Education and the Legislative Bureau of Educational Accountability
10-37 and Program Evaluation that includes:
10-38 (a) The priorities for training adopted by the governing body
10-39 pursuant to NRS 391.540 . [;]
10-40 (b) The type of training offered through the program in the
10-41 immediately preceding year . [;]
10-42 (c) The number of teachers and administrators who received
10-43 training through the program in the immediately preceding year . [;]
10-44 (d) An evaluation of the success of the program , including,
10-45 without limitation, the Nevada Early Literacy Intervention
11-1 Program, in accordance with the method established pursuant to
11-2 subsection 1 . [; and]
11-3 (e) A description of the gifts and grants, if any, received by the
11-4 governing body in the immediately preceding year and the gifts
11-5 and grants, if any, received by the Statewide Council during the
11-6 immediately preceding year on behalf of the regional training
11-7 program. The description must include the manner in which the
11-8 gifts and grants were expended.
11-9 (f) The 5-year plan for the program prepared pursuant to NRS
11-10 391.540 and any revisions to the plan made by the governing body
11-11 in the immediately preceding year.
11-12 Sec. 9. 1. There is hereby appropriated from the State
11-13 General Fund to the State Distributive School Account for allocation
11-14 by the Department of Education to the school districts specified in
11-15 this section the following sums for fiscal years 2003-2004 and 2004-
11-16 2005:
11-17 School District 2003-20042004-2005
11-18 Clark County School District$5,133,725 $5,133,725
11-19 Douglas County School District$1,194,347$1,229,475
11-20 Elko County School District$1,314,597$1,336,399
11-21 Washoe County School District$2,023,270 $2,088,846
11-22 Total$9,665,939$9,788,445
11-23 2. A school district that receives an allocation pursuant to
11-24 subsection 1 shall use the money to maintain and continue the
11-25 operation of a:
11-26 (a) Regional training program for the professional development
11-27 of teachers and administrators established pursuant to NRS 391.512;
11-28 and
11-29 (b) Nevada Early Literacy Intervention Program initially
11-30 established by the school district pursuant to section 12 of chapter
11-31 565, Statutes of Nevada 2001, at page 2835.
11-32 3. Any remaining balance of the appropriations made by
11-33 subsection 1 for the 2003-2004 fiscal year must be added to the
11-34 money received by the school districts for the 2004-2005 fiscal year
11-35 and may be expended as that money is expended. Any remaining
11-36 balance of the appropriations made by subsection 1 for the 2004-
11-37 2005 fiscal year, including any money added from the appropriation
11-38 for the previous fiscal year, must not be committed for expenditure
11-39 after June 30, 2005, and reverts to the State General Fund as soon as
11-40 all payments of money committed have been made.
11-41 Sec. 10. 1. There is hereby appropriated from the State
11-42 General Fund to the State Distributive School Account the
11-43 following sums for allocation to the Legislative Bureau of
12-1 Educational Accountability and Program Evaluation for an
12-2 evaluation of the regional training programs for the professional
12-3 development of teachers and administrators established pursuant to
12-4 NRS 391.512, including, without limitation, an evaluation of the
12-5 Nevada Early Literacy Intervention Program initially established
12-6 pursuant to section 12 of chapter 565, Statutes of Nevada 2001, at
12-7 page 2835:
12-8 For the fiscal year 2003-2004.. $100,000
12-9 For the fiscal year 2004-2005.. $100,000
12-10 2. The Legislative Bureau of Educational Accountability and
12-11 Program Evaluation shall, after consulting with the Statewide
12-12 Council for the Coordination of the Regional Training Programs, if
12-13 applicable, use the money appropriated by subsection 1 to hire a
12-14 qualified, independent consultant to conduct an evaluation of the
12-15 regional training programs for the professional development of
12-16 teachers and administrators established pursuant to NRS 391.512,
12-17 including, without limitation, an evaluation of the Nevada Early
12-18 Literacy Intervention Program initially established pursuant to
12-19 section 12 of chapter 565, Statutes of Nevada 2001, at page 2835.
12-20 3. The evaluation must include, without limitation, a review of
12-21 the annual reports submitted by the governing body of each regional
12-22 training program pursuant to subsection 2 of NRS 391.552 and the
12-23 annual reports submitted by the board of trustees of each school
12-24 district pursuant to NRS 391.556.
12-25 4. On or before February 1, 2005, the consultant shall submit a
12-26 written report of the results of his evaluation to the Legislative
12-27 Bureau of Educational Accountability and Program Evaluation. On
12-28 or before February 21, 2005, the Legislative Bureau of Educational
12-29 Accountability and Program Evaluation shall submit a copy of the
12-30 written evaluation, including any recommendations for legislation,
12-31 to the Director of the Legislative Counsel Bureau for transmission to
12-32 the 73rd Session of the Nevada Legislature.
12-33 5. Any remaining balance of the sums appropriated by
12-34 subsection 1 for the 2003-2004 fiscal year must be added to the
12-35 money appropriated for the 2004-2005 fiscal year and may be
12-36 expended as that money is expended. Any remaining balance of the
12-37 sums appropriated pursuant to subsection 1 for the 2004-2005 fiscal
12-38 year, including any money added from the appropriation for the
12-39 previous fiscal year, must not be committed for expenditure after
12-40 June 30, 2005, and reverts to the State General Fund as soon as all
12-41 payments of money committed have been made.
12-42 Sec. 11. 1. There is hereby appropriated from the State
12-43 General Fund to the Department of Education the sum of $207,000
12-44 for the reimbursement of certain costs of public school teachers
13-1 related to acquiring certification by the National Board for
13-2 Professional Teaching Standards.
13-3 2. If a public school teacher desires to obtain reimbursement
13-4 from the Department of Education for the costs that will be incurred
13-5 in acquiring certification by the National Board for Professional
13-6 Teaching Standards, the teacher must file a statement of intended
13-7 certification with the school district or the governing body of the
13-8 charter school by whom he is employed. The statement must be
13-9 filed at least 1 year before the teacher reasonably believes that he
13-10 will acquire the certification. Upon receipt of such a statement, the
13-11 school district or governing body shall forward a copy of the
13-12 statement to the Department.
13-13 3. Upon certification, a public school teacher who has filed
13-14 such a statement may request reimbursement by submitting to the
13-15 school district or the governing body of the charter school by whom
13-16 he is employed:
13-17 (a) A written statement indicating that the teacher understands
13-18 that if he does not teach in a public school in this state, including,
13-19 without limitation, a charter school, for at least 2 years after the date
13-20 on which he receives the reimbursement, he will be required to
13-21 repay the reimbursement in full to the Department of Education;
13-22 (b) Proof that he has acquired the certification; and
13-23 (c) A statement of the costs incurred by the teacher in acquiring
13-24 the certification.
13-25 4. A school district or the governing body of a charter school
13-26 shall verify the certification and the statement of costs submitted by
13-27 a teacher pursuant to subsection 3. Upon verification, the school
13-28 district or governing body shall notify the Department of Education
13-29 of the certification and the amount of verified costs and shall request
13-30 that the Department reimburse the teacher. Upon receipt of such a
13-31 request, the Department shall cause the teacher to be reimbursed if
13-32 the teacher agrees to teach in a public school in this state, including,
13-33 without limitation, a charter school, for at least 2 years after the date
13-34 on which he receives the reimbursement. Such a reimbursement
13-35 must not exceed an amount equal to the actual verified costs
13-36 incurred by the teacher or $2,300, whichever is less, to the extent
13-37 that money is available for this purpose.
13-38 5. Except as otherwise provided in this subsection, if a teacher
13-39 who receives a reimbursement pursuant to this section does not
13-40 teach in a public school in this state, including, without limitation, a
13-41 charter school, for at least 2 years after the date on which he
13-42 received the reimbursement, the teacher shall repay the full amount
13-43 of the reimbursement to the Department of Education. The teacher
13-44 may request that the Department grant a waiver from the repayment
13-45 required by this subsection. The Department may grant a waiver if
14-1 the Department determines that the teacher suffers from a hardship
14-2 that warrants a waiver. The Department shall prescribe the
14-3 procedures for the repayment required by this subsection and the
14-4 procedures for a teacher to request a waiver from the repayment.
14-5 6. Any remaining balance of the appropriation made by
14-6 subsection 1 must not be committed for expenditure after June 30,
14-7 2005, and reverts to the State General Fund as soon as all payments
14-8 of money committed have been made.
14-9 Sec. 12. 1. There is hereby appropriated from the State
14-10 General Fund to the State Distributive School Account the
14-11 following sums for allocation by the Department of Education for
14-12 remedial education programs for schools that have been designated
14-13 as demonstrating need for improvement:
14-14 For the fiscal year 2003-2004$5,250,000
14-15 For the fiscal year 2004-2005$5,250,000
14-16 The money allocated must be used to provide remedial education
14-17 programs that have been approved by the Department as being
14-18 effective in improving pupil achievement.
14-19 2. A school may submit an application to the Department of
14-20 Education for transmission to the State Board of Examiners for an
14-21 allocation from the amount appropriated by subsection 1 if the
14-22 school receives a designation as demonstrating need for
14-23 improvement or was designated as demonstrating need for
14-24 improvement in the immediately preceding school year.
14-25 3. The Department of Education shall, in consultation with the
14-26 Budget Division of the Department of Administration and the
14-27 Legislative Bureau of Educational Accountability and Program
14-28 Evaluation, develop a form for such applications. The form must
14-29 include, without limitation, a notice that money received by a school
14-30 to implement or continue remedial education programs that have
14-31 been approved by the Department as being effective in improving
14-32 pupil achievement will be used to implement or continue the
14-33 programs in a manner that has been approved by the vendor of the
14-34 remedial program.
14-35 4. Upon receipt of an application submitted pursuant to
14-36 subsection 2, the Department of Education shall review the
14-37 application jointly with the Budget Division of the Department of
14-38 Administration and the Legislative Bureau of Educational
14-39 Accountability and Program Evaluation. The Department of
14-40 Education shall transmit the application to the State Board
14-41 of Examiners with the recommendation of the Department of
14-42 Education concerning the allocation of money based upon each
14-43 application so received. The State Board of Examiners, or the Clerk
14-44 of the Board if authorized by the Board to act on its behalf, shall
14-45 consider each such application and, if it finds that an allocation
15-1 should be made, recommend the amount of the allocation to the
15-2 Interim Finance Committee. The Interim Finance Committee shall
15-3 consider each such recommendation, but is not bound to follow the
15-4 recommendation of the State Board of Examiners when determining
15-5 the allocation to be received by a school. In determining the amount
15-6 of the allocation, the State Board of Examiners and the Interim
15-7 Finance Committee shall consider:
15-8 (a) The total number of pupils enrolled in the school who failed
15-9 to demonstrate at least adequate achievement on the examinations
15-10 administered pursuant to NRS 389.015;
15-11 (b) The number of subjects tested pursuant to NRS 389.015 on
15-12 which more than 40 percent of the pupils enrolled in the school
15-13 received an average score below the 26th percentile;
15-14 (c) For the 2004-2005 fiscal year, for each subgroup of pupils
15-15 identified in 20 U.S.C. § 6311(b)(2)(C)(v) who are enrolled in the
15-16 school, the number and percentage of pupils in the subgroup who
15-17 failed to make adequate yearly progress, as determined by the
15-18 Department of Education; and
15-19 (d) The financial need of the particular school.
15-20 5. In addition to the considerations set forth in subsection 4, in
15-21 determining whether to approve an application for a school that has
15-22 received an allocation in the immediately preceding year and in
15-23 determining the amount of the allocation for such a school, the State
15-24 Board of Examiners and the Interim Finance Committee shall
15-25 consider whether the school has carried out the program of remedial
15-26 study for which it received an allocation in a manner that has been
15-27 approved by the vendor of the remedial program and whether the
15-28 program has been successful, as measured by the academic
15-29 achievement of the pupils enrolled in the school on the examinations
15-30 administered pursuant to NRS 389.015 and any assessments related
15-31 to the program of remedial study.
15-32 6. A school that receives an allocation of money pursuant to
15-33 this section shall use the money to:
15-34 (a) Pay the costs incurred by the school in providing the
15-35 program of remedial study required by NRS 385.389. The money
15-36 must first be applied to those pupils who the school determines are
15-37 performing at a level that poses the highest risk of failure.
15-38 (b) Pay for the salaries, training or other compensation of
15-39 teachers and other educational personnel to provide the program of
15-40 remedial study, instructional materials required for the
15-41 program of remedial study, equipment necessary to offer the
15-42 program of remedial study and all other additional operating costs
15-43 attributable to the program of remedial study, to the extent that the
15-44 training, materials and equipment are those that are approved by the
15-45 vendor of the remedial program.
16-1 (c) Supplement and not replace the money the school would
16-2 otherwise expend for programs of remedial study.
16-3 7. Before a school amends a plan for expenditure of an
16-4 allocation of money received pursuant to this section, the school
16-5 district in which the school is located must submit the proposed
16-6 amendment to the Department of Education to receive approval
16-7 from the Department of Education, the Budget Division of the
16-8 Department of Administration and the Legislative Bureau of
16-9 Educational Accountability and Program Evaluation, or the Interim
16-10 Finance Committee.
16-11 8. The sums appropriated by subsection 1 are available for
16-12 either fiscal year. Any remaining balance of those sums must not be
16-13 committed for expenditure after June 30, 2005, and reverts to the
16-14 State General Fund as soon as all payments of money committed
16-15 have been made.
16-16 Sec. 13. 1. There is hereby appropriated from the State
16-17 General Fund to the State Distributive School Account the
16-18 following sums for allocation by the Department of Education for
16-19 programs of remedial education or tutoring for pupils who need
16-20 additional instructional time to pass or to reach a level considered
16-21 proficient:
16-22 For the fiscal year 2003-2004$1,500,000
16-23 For the fiscal year 2004-2005$1,500,000
16-24 The programs for which money is provided pursuant to this section
16-25 must be conducted before or after school, on weekends, during the
16-26 summer or between sessions in schools with year-round school
16-27 calendars.
16-28 2. To receive an allocation from the sums appropriated by
16-29 subsection 1, a school district must submit an application to the
16-30 Department of Education containing a written plan for providing a
16-31 program of remedial education or tutoring. The written plan must
16-32 include:
16-33 (a) The estimated number of pupils that will participate in the
16-34 program;
16-35 (b) The curriculum that will be taught;
16-36 (c) A schedule of the course work or tutoring to be conducted
16-37 under the program;
16-38 (d) A plan for evaluating the effectiveness of the program; and
16-39 (e) A budget for the program.
16-40 3. Upon receipt of an application submitted pursuant to
16-41 subsection 2, the Department of Education shall review the
16-42 application jointly with the Budget Division of the Department of
16-43 Administration and the Legislative Bureau of Educational
16-44 Accountability and Program Evaluation. The Department of
16-45 Education shall transmit the application to the State Board of
17-1 Examiners with the recommendation of the Department of
17-2 Education concerning the allocation of money based upon each
17-3 application so received. The State Board of Examiners, or the Clerk
17-4 of the Board if authorized by the Board to act on its behalf, shall
17-5 consider each such application and, if it finds that an allocation
17-6 should be made, recommend the amount of the allocation to the
17-7 Interim Finance Committee. The Interim Finance Committee shall
17-8 consider each such recommendation, but is not bound to follow the
17-9 recommendation of the State Board of Examiners when determining
17-10 the allocation to be received by a school district.
17-11 4. A school district that receives an allocation of money
17-12 pursuant to this section shall use the money to:
17-13 (a) Provide a program of remedial education or tutoring that has
17-14 been approved by the Department of Education as being effective in
17-15 improving pupil achievement.
17-16 (b) Pay the costs incurred by the school district in providing the
17-17 program of remedial education or tutoring. The money must first be
17-18 applied to those pupils who the school district determines are
17-19 performing at a level which poses the highest risk of failure.
17-20 (c) Pay for the salaries, training or other compensation of
17-21 teachers and other educational personnel to provide the program of
17-22 remedial education or tutoring, instructional materials required for
17-23 the program, equipment necessary to offer the program and all other
17-24 additional operating costs attributable to the program.
17-25 (d) Supplement and not replace the money the school district
17-26 would otherwise expend for programs of remedial education or
17-27 tutoring.
17-28 5. Before a school district amends a plan for expenditure of an
17-29 allocation of money received pursuant to this section, the school
17-30 district must submit the proposed amendment to the Department of
17-31 Education to receive approval from the Department of Education,
17-32 the Budget Division of the Department of Administration and the
17-33 Legislative Bureau of Educational Accountability and Program
17-34 Evaluation, or the Interim Finance Committee.
17-35 6. The sums appropriated by subsection 1 are available for
17-36 either fiscal year. Any remaining balance of those sums must not be
17-37 committed for expenditure after June 30, 2005, and reverts to the
17-38 State General Fund as soon as all payments of money committed
17-39 have been made.
17-40 Sec. 14. 1. There is hereby appropriated from the State
17-41 General Fund to the Department of Education the following sums
17-42 for allocation to the Clark County School District and the Washoe
17-43 County School District to purchase brochures for the reporting of
17-44 test scores of pupils and related services:
18-1 For the fiscal year 2003-2004$1,250,000
18-2 For the fiscal year 2004-2005$1,250,000
18-3 2. The Department of Education shall allocate the money
18-4 appropriated by subsection 1 to the Clark County School District
18-5 and the Washoe County School District for the purchase of
18-6 brochures for the reporting of test scores of pupils on the
18-7 examinations that are administered pursuant to NRS 389.015,
18-8 excluding the high school proficiency examination, and the
18-9 examinations administered pursuant to NRS 389.550 to pupils
18-10 enrolled in grades 3, 5 and 8, and related services. The Department
18-11 shall allocate the money based upon the standard fee charged for
18-12 the brochures and related services, plus the per pupil fee charged to
18-13 the school district. If the amount charged to a school district for the
18-14 purchase of the brochures and related services is more than the
18-15 district’s pro rata share of the appropriation made by subsection 1,
18-16 the school district shall pay the difference.
18-17 3. The sums appropriated by subsection 1 are available for
18-18 either fiscal year. Any remaining balance of those sums must not be
18-19 committed for expenditure after June 30, 2005, and reverts to the
18-20 State General Fund as soon as all payments of money committed
18-21 have been made.
18-22 Sec. 15. On or before July 1, 2004, the State Board of
18-23 Education shall adopt regulations pursuant to section 2 of this act
18-24 identifying the endorsements in the fields of mathematics and
18-25 science that qualify a teacher to receive an increase in salary
18-26 pursuant to that section.
18-27 Sec. 16. The board of trustees of each school district shall
18-28 provide the increase in salary required by section 2 of this act
18-29 commencing with the 2004-2005 school year.
18-30 Sec. 17. On or before September 1, 2003, the Executive
18-31 Director of the Nevada State Education Association shall appoint
18-32 one member to the Statewide Council for the Coordination of the
18-33 Regional Training Programs pursuant to paragraph (c) of subsection
18-34 1 of NRS 391.516.
18-35 Sec. 18. The provisions of subsection 1 of NRS 354.599 do
18-36 not apply to any additional expenses of a local government that are
18-37 related to the provisions of this act.
18-38 Sec. 19. 1. This section and sections 3 to 18, inclusive, of
18-39 this act become effective on July 1, 2003.
18-40 2. Section 2 of this act becomes effective on July 1, 2003, for
18-41 the purpose of adopting regulations and on July 1, 2004, for all other
18-42 purposes.
18-43 3. Section 1 of this act becomes effective on July 1, 2004.
18-44 H