S.B. 44
Senate
Bill No. 44–Committee on Human
Resources and Facilities
(On
Behalf of the Legislative Committee on
Education (NRS 218.5352))
Prefiled January 30, 2003
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Revises provisions governing class-size reduction program. (BDR 34‑643)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
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; authorizing school districts to develop alternative plans for the reduction of pupil-teacher ratios in certain grades; 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 387.304 is hereby amended to read as follows:
1-2 387.304 The Department shall:
1-3 1. Conduct an annual audit of the count of pupils for
1-4 apportionment purposes reported by each school district pursuant to
1-5 NRS 387.123 and the data reported by each school district pursuant
1-6 to NRS 388.710 that is used to measure the effectiveness of the
1-7 implementation of [the] a plan developed by each school district [to
1-8 reduce the pupil-teacher ratio in kindergarten and grades 1, 2 and 3,]
1-9 as required by NRS [388.710.] 388.720.
1-10 2. Review each school district’s report of the annual audit
1-11 conducted by a public accountant as required by NRS 354.624, and
1-12 the annual report prepared by each district as required by NRS
1-13 387.303, and report the findings of the review to the State Board and
1-14 the Legislative Committee on Education, with any recommendations
2-1 for legislation, revisions to regulations or training needed by school
2-2 district employees. The report by the Department must identify
2-3 school districts which failed to comply with any statutes or
2-4 administrative regulations of this state or which had any:
2-5 (a) Long-term obligations in excess of the general obligation
2-6 debt limit;
2-7 (b) Deficit fund balances or retained earnings in any fund;
2-8 (c) Deficit cash balances in any fund;
2-9 (d) Variances of more than 10 percent between total general
2-10 fund revenues and budgeted general fund revenues; or
2-11 (e) Variances of more than 10 percent between total actual
2-12 general fund expenditures and budgeted total general fund
2-13 expenditures.
2-14 3. In preparing its biennial budgetary request for the State
2-15 Distributive School Account, consult with the Superintendent of
2-16 Schools of each school district or a person designated by the
2-17 Superintendent.
2-18 4. Provide, in consultation with the Budget Division of the
2-19 Department of Administration and the Fiscal Analysis Division of
2-20 the Legislative Counsel Bureau, training to the financial officers of
2-21 school districts in matters relating to financial accountability.
2-22 Sec. 2. NRS 388.700 is hereby amended to read as follows:
2-23 388.700 1. Except as otherwise provided in subsections 2, 3
2-24 and 6, after the last day of the first month of the school year, the
2-25 ratio in each school district of pupils per class [in kindergarten and
2-26 grades 1, 2 and 3] per licensed teacher designated to teach those
2-27 classes full time [must not exceed 15 to 1] in classes where core
2-28 curriculum is taught[.] :
2-29 (a) In kindergarten and grades 1, 2 and 3, must not exceed 15
2-30 to 1; or
2-31 (b) If a plan is developed by a school district pursuant to
2-32 subsection 2 of NRS 388.720, in grades 1 to 6, inclusive, must not
2-33 exceed 22 to 1.
2-34 In determining this ratio, all licensed educational personnel who
2-35 teach [kindergarten or grade 1, 2 or 3] a grade level specified in
2-36 paragraph (a) or (b), as applicable for the school district, must be
2-37 counted except teachers of art, music, physical education or special
2-38 education, counselors, librarians, administrators, deans and
2-39 specialists.
2-40 2. A school district may, within the limits of any plan adopted
2-41 pursuant to NRS 388.720, assign a pupil whose enrollment in a
2-42 grade occurs after the last day of the first month of the school year
2-43 to any existing class regardless of the number of pupils in the class.
2-44 3. The State Board may grant to a school district a variance
2-45 from the limitation on the number of pupils per class set forth in
3-1 subsection 1 for good cause, including the lack of available financial
3-2 support specifically set aside for the reduction of pupil-teacher
3-3 ratios.
3-4 4. The State Board shall, on or before February 1 of each
3-5 odd‑numbered year, report to the Legislature on:
3-6 (a) Each variance granted by it during the preceding biennium,
3-7 including the specific justification for the variance.
3-8 (b) The data reported to it by the various school districts
3-9 pursuant to subsection 2 of NRS 388.710, including an explanation
3-10 of that data, and the current pupil-teacher ratios per class in
3-11 [kindergarten and grades 1, 2 and 3.] the grade levels specified in
3-12 paragraphs (a) and (b) of subsection 1, as applicable, for each
3-13 school district.
3-14 5. The Department shall, on or before November 15 of each
3-15 year, report to the Chief of the Budget Division of the Department
3-16 of Administration and the Fiscal Analysis Division of the
3-17 Legislative Counsel Bureau:
3-18 (a) The number of teachers employed;
3-19 (b) The number of teachers employed in order to attain the ratio
3-20 required by subsection 1;
3-21 (c) The number of pupils enrolled; and
3-22 (d) The number of teachers assigned to teach in the same
3-23 classroom with another teacher or in any other arrangement other
3-24 than one teacher assigned to one classroom of pupils,
3-25 during the current school year in [kindergarten and grades 1, 2 and
3-26 3] the grade levels specified in paragraphs (a) and (b) of
3-27 subsection 1, as applicable, for each school district.
3-28 6. The provisions of this section do not apply to a charter
3-29 school or to a program of distance education provided pursuant to
3-30 NRS 388.820 to 388.874, inclusive.
3-31 Sec. 3. NRS 388.710 is hereby amended to read as follows:
3-32 388.710 1. The State Board, in consultation with the trustees
3-33 of the school districts and the recognized associations representing
3-34 licensed educational personnel, after receiving comments from the
3-35 general public, shall determine the data that must be monitored by
3-36 each school district and used to measure the effectiveness of the
3-37 implementation of [the] a plan developed by each school district [to
3-38 reduce the pupil-teacher ratio per class in kindergarten and grades 1,
3-39 2 and 3.] pursuant to NRS 388.720.
3-40 2. Each school district shall report the data to the State Board
3-41 as required by the State Board.
3-42 Sec. 4. NRS 388.720 is hereby amended to read as follows:
3-43 388.720 [Each]
3-44 1. Except as otherwise provided in subsection 2, each school
3-45 district together with the recognized associations representing
4-1 licensed educational personnel shall develop a plan to reduce the
4-2 district’s pupil-teacher ratio per class in kindergarten and grades 1, 2
4-3 and 3 within the limits of available financial support specifically set
4-4 aside for this purpose and submit that plan to the State Board.
4-5 2. In lieu of complying with the pupil-teacher ratio prescribed
4-6 in paragraph (a) of subsection 1 of NRS 388.700, a school district
4-7 may, in consultation with recognized associations representing
4-8 licensed educational personnel, develop a plan to reduce the
4-9 district’s pupil-teacher ratios per class in grades 1 to 6, inclusive,
4-10 to 22 to 1, within the limits of available financial support
4-11 specifically set aside for the reduction of pupil-teacher ratios in
4-12 kindergarten and grades 1, 2 and 3. A plan developed pursuant to
4-13 this subsection must be submitted to the State Board.
4-14 Sec. 5. This act becomes effective on July 1, 2003.
4-15 H