Assembly Bill No. 659

Assembly Bill No. 659-Committee on Ways and Means

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245

AN ACT making appropriations to the trust fund for class-size reduction; and providing other matters properly relating thereto.

[Approved June 30, 1997]pupil-teacher ratio of no more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught; and

Whereas, Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in fiscal years 1997-98 and 1998-99, to maintain the current pupil-teacher ratio in grade 3 in fiscal year 1997-98, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in fiscal year 1998-99; and
Whereas, Certain school districts might not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3; and
Whereas, Assigning two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3 is not reasonable; and
Whereas, School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by utilizing alternative methods of reducing the ratio such as employing teachers to provide remedial instruction; and
Whereas, The legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts; and
Whereas, School districts are encouraged, to the extent possible, to reduce the pupil-teacher ratio in each classroom in the district in the grades for which additional funding is provided; and
Whereas, With this act, the legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the state and to continue reducing the pupil-teacher ratio in grade 3; and
Whereas, Thereafter, the intended goal of the legislature is to reduce the pupil-teacher ratio per class in grade 3 to no more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to no more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to no more than 25 pupils per class; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1997-98 the sum of $39,416,107 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the present ratio of pupils per teacher in grade 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1998, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
2. In addition to the amount appropriated by subsection 1, the superintendent of public instruction is hereby authorized to distribute for fiscal year 1997-98 from the trust fund for class-size reduction the sum of $26,729,222;
(a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $26,598,542 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700, and to maintain the present ratio of pupils per teacher in grade 3.
3. The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 1,487 teachers employed by school districts to meet the required pupil-teacher ratios in the 1997-98 school year.
4. Any remaining balance of the sums authorized for expenditure by paragraphs (a) and (b) of subsection 2 must not be committed for expenditure after June 30, 1998, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 2. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1998-99 the sum of $43,628,649 which must be used to employ teachers in order to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the superintendent of public instruction and to maintain the present ratio of pupils per teacher in grade 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
2. In addition to the amount appropriated by subsection 1, the superintendent of public instruction is hereby authorized to distribute for fiscal year 1998-99 from the trust fund for class-size reduction the sum of $29,356,238:
(a) Of which $130,680 must be transferred to the University and Community College System of Nevada to provide 45 scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the University of Nevada, Reno, for qualified students pursuing degrees in teaching; and
(b) Of which $29,225,558 must be distributed to local school districts for use in employing teachers in order to comply with the required ratio of pupils to teachers in grades 1 and 2 and selected kindergartens, as set forth in NRS 388.700, and to maintain the present ratio of pupils per teacher in grade 3.
3. The amounts appropriated by subsection 1 and authorized by paragraph (b) of subsection 2 must be used to pay the salaries and benefits of no fewer than 1,570 teachers employed by school districts to meet the required pupil-teacher ratios in the 1998-99 school year.
4. Any remaining balance of the sums authorized for expenditure by paragraphs (a) and (b) of subsection 2 must not be committed for expenditure after June 30, 1999, and reverts to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 3. 1. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction to the county school districts for fiscal year 1998-99 the sum of $8,613,320 which must be used to employ no fewer than 220 additional teachers in order to continue reducing the ratio of pupils to teachers in grade 3.
2. Except as otherwise provided in subsection 3, the amounts appropriated by subsection 1 must be used to pay the salaries and benefits of additional teachers employed by school districts to continue reducing the pupil-teacher ratio in grade 3 in the 1998-99 school year.
3. The board of trustees of a county school district:
(a) Shall file a plan with the superintendent of public instruction describing how the funds appropriated by subsection 1 will be used to continue reducing the ratio of pupils to teachers in grade 3; or
(b) May, after receiving approval from the superintendent of public instruction of the district's written plan, use funds appropriated by subsection 1 to carry out an alternative program for reducing the ratio of pupils per teacher or to implement programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, providing the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of a school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 1996-97 school year. The plan approved by the superintendent of public instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program in improving pupil achievement.
4. Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 4. 1. The money authorized and appropriated for class-size reduction pursuant to sections 1, 2 and 3 of this act:
(a) Must be used to meet, to the extent possible, pupil-teacher ratios required by NRS 388.700.
(b) May be applied first to pupils considered most at risk of failure.
(c) Must be accounted for separately from any other money received by the school districts of this state and used only to pay the salaries and benefits of teaching positions required to be added by this act.
(d) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.
(e) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
2. The money appropriated or authorized for class-size reduction pursuant to sections 1, 2 and 3 of this act may not be distributed to a school district unless that school district has:
(a) Filed with the department of education a plan for achieving the required ratio set forth in NRS 388.700; and
(b) Demonstrated that, from resources of the school district other than allocations received from the trust fund for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for the grade in that school district for the three school years prior to the start of the class-size reduction program in the 1990-91 school year.
Sec. 5. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction among the county school districts or consortia of school districts for fiscal year 1997-98 the sum of $400,000 for specialized training for teachers in elementary schools in programs of remedial instruction that have been found to be effective in improving pupil achievement in grades 1, 2 and 3. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1998, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 6. There is hereby appropriated from the state general fund to the trust fund for class-size reduction, created pursuant to NRS 388.730, for distribution by the superintendent of public instruction among the county school districts or consortia of school districts for fiscal year 1998-99 the sum of $200,000 for programs of specialized instruction in teaching methods specifically for use in classes with reduced numbers of pupils or classes with teachers working in teams. Any remaining balance of the sum appropriated by this subsection must not be committed for expenditure after June 30, 1999, and must be deposited for credit to the trust fund for class-size reduction as soon as all payments of money committed have been made.
Sec. 7. 1. This section and sections 1, 4 and 5 of this act become effective on July 1, 1997.
2. Sections 2, 3 and 6 of this act become effective on July 1, 1998.
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