Assembly Bill No. 227–Assemblywoman Leslie

 

March 4, 2003

____________

 

Referred to Concurrent Committees on Education
and Ways and Means

 

SUMMARY—Requires increased salaries for certain school psychologists. (BDR 34‑719)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

CONTAINS UNFUNDED MANDATE (§§ 2, 4)

(Not Requested by Affected Local Government)

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to schools; requiring boards of trustees of school districts to pay increased salaries to certain school psychologists who hold national certification recognized by the Commission on Professional Standards in Education; requiring related information to be included in the annual budget report of each school district; 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

1-4  Superintendent of Public Instruction and the Department of

1-5  Taxation a report which includes the following information:

1-6  (a) For each fund within the school district, including, without

1-7  limitation, the school district’s general fund and any special revenue

1-8  fund which receives state money, the total number and salaries of

1-9  licensed and nonlicensed persons whose salaries are paid from the

1-10  fund and who are employed by the school district in full-time

1-11  positions or in part-time positions added together to represent full-

1-12  time positions. Information must be provided for the current school

2-1  year based upon the school district’s final budget, including any

2-2  amendments and augmentations thereto, and for the preceding

2-3  school year. An employee must be categorized as filling an

2-4  instructional, administrative, instructional support or other position.

2-5  (b) The count of pupils computed pursuant to paragraph (a) of

2-6  subsection 1 of NRS 387.1233.

2-7  (c) The school district’s actual expenditures in the fiscal year

2-8  immediately preceding the report.

2-9  (d) The school district’s proposed expenditures for the current

2-10  fiscal year.

2-11      (e) The schedule of salaries for licensed employees in the

2-12  current school year and a statement of whether the negotiations

2-13  regarding salaries for the current school year have been completed.

2-14  If the negotiations have not been completed at the time the schedule

2-15  of salaries is submitted, the board of trustees shall submit a

2-16  supplemental report to the Superintendent of Public Instruction upon

2-17  completion of negotiations or the determination of an arbitrator

2-18  concerning the negotiations that includes the schedule of salaries

2-19  agreed to or required by the arbitrator.

2-20      (f) The number of teachers who received an increase in salary

2-21  pursuant to subsection 2 or 3 of NRS 391.160 for the current and

2-22  preceding fiscal years. If the board of trustees is required to pay an

2-23  increase in salary retroactively pursuant to subsection 2 of NRS

2-24  391.160, the board of trustees shall submit a supplemental report to

2-25  the Superintendent of Public Instruction not later than February 15

2-26  of the year in which the retroactive payment was made that includes

2-27  the number of teachers to whom an increase in salary was paid

2-28  retroactively.

2-29      (g) The number of employees eligible for health insurance

2-30  within the school district for the current and preceding fiscal years

2-31  and the amount paid for health insurance for each such employee

2-32  during those years.

2-33      (h) The rates for fringe benefits, excluding health insurance,

2-34  paid by the school district for its licensed employees in the

2-35  preceding and current fiscal years.

2-36      (i) The amount paid for extra duties, supervision of

2-37  extracurricular activities and supplemental pay and the number of

2-38  employees receiving that pay in the preceding and current fiscal

2-39  years.

2-40      (j) The expenditures from the account created pursuant to

2-41  subsection 3 of NRS 179.1187. The report must indicate the total

2-42  amount received by the district in the preceding fiscal year, and the

2-43  specific amount spent on books and computer hardware and

2-44  software for each grade level in the district.

3-1  2.  On or before November 25 of each year, the Superintendent

3-2  of Public Instruction shall submit to the Department of

3-3  Administration and the Fiscal Analysis Division of the Legislative

3-4  Counsel Bureau, in a format approved by the Director of the

3-5  Department of Administration, a compilation of the reports made by

3-6  each school district pursuant to subsection 1.

3-7  3.  The Superintendent of Public Instruction shall, in the

3-8  compilation required by subsection 2, reconcile the revenues and

3-9  expenditures of the school districts with the apportionment received

3-10  by those districts from the State Distributive School Account for the

3-11  preceding year.

3-12      Sec. 2.  NRS 391.160 is hereby amended to read as follows:

3-13      391.160  1.  The salaries of teachers and other employees must

3-14  be determined by the character of the service required. A school

3-15  district shall not discriminate between male and female employees

3-16  in the matter of salary.

3-17      2.  Each year when determining the salary of a teacher who

3-18  holds certification issued by the National Board for Professional

3-19  Teaching Standards, a school district shall add 5 percent to the

3-20  salary that the teacher would otherwise receive in 1 year for his

3-21  classification on the schedule of salaries for the school district if:

3-22      (a) On or before January 31 of the school year, the teacher has

3-23  submitted evidence satisfactory to the school district of his current

3-24  certification; and

3-25      (b) The teacher is assigned by the school district to provide

3-26  classroom instruction during that school year.

3-27  No increase in salary may be given pursuant to this subsection

3-28  during a particular school year to a teacher who submits evidence of

3-29  certification after January 31 of that school year. For the first school

3-30  year that a teacher submits evidence of his current certification, the

3-31  board of trustees of the school district to whom the evidence was

3-32  submitted shall pay the increase in salary required by this subsection

3-33  retroactively to the beginning of that school year. Once a teacher has

3-34  submitted evidence of such certification to the school district, the

3-35  school district shall retain the evidence in its records, as applicable,

3-36  for future school years. An increase in salary given in accordance

3-37  with this subsection is in addition to any other increase to which the

3-38  teacher may otherwise be entitled.

3-39      3.  Each year when determining the salary of a person who is

3-40  employed by a school district as a school psychologist and who

3-41  holds national certification identified by the Commission pursuant

3-42  to subsection 7, the school district shall add 5 percent to the salary

3-43  that the employee would otherwise receive in 1 year for his

3-44  classification on the schedule of salaries of the school district if:

4-1  (a) On or before September 15 of the school year, the employee

4-2  has submitted evidence satisfactory to the school district of his

4-3  current national certification;

4-4  (b) The employee is assigned by the school district to serve as a

4-5  school psychologist during that school year; and

4-6  (c) The employee is classified on the schedule of salaries of the

4-7  school district for teachers and is not classified on the schedule of

4-8  salaries of the school district for administrators.

4-9  No increase in salary may be given pursuant to this subsection

4-10  during a particular school year to an employee who submits

4-11  evidence of certification after September 15 of that school year.

4-12  Once an employee has submitted evidence of such certification to

4-13  the school district, the school district shall retain the evidence in

4-14  its records, as applicable, for future school years. An increase in

4-15  salary given in accordance with this subsection is in addition to

4-16  any other increase to which the employee may otherwise be

4-17  entitled.

4-18      4.  In determining the salary of a licensed teacher who is

4-19  employed by a school district after the teacher has been employed

4-20  by another school district in this state, the present employer shall,

4-21  except as otherwise provided in subsection [6:] 8:

4-22      (a) Give the teacher the same credit for previous teaching

4-23  service as he was receiving from his former employer at the end of

4-24  his former employment;

4-25      (b) Give the teacher credit for his final year of service with his

4-26  former employer, if credit for that service is not included in credit

4-27  given pursuant to paragraph (a); and

4-28      (c) Place the teacher on the schedule of salaries of the school

4-29  district in a classification that is commensurate with the level of

4-30  education acquired by the teacher, as set forth in the applicable

4-31  negotiated agreement with the present employer.

4-32      [4.] 5. A school district may give the credit required by

4-33  subsection [3] 4 for previous teaching service earned in another state

4-34  if the Commission has approved the standards for licensing teachers

4-35  of that state. The Commission shall adopt regulations that establish

4-36  the criteria by which the Commission will consider the standards for

4-37  licensing teachers of other states for the purposes of this subsection.

4-38  The criteria may include, without limitation, whether the

4-39  Commission has authorized reciprocal licensure of educational

4-40  personnel from the state under consideration.

4-41      [5.] 6. In determining the salary of a licensed administrator,

4-42  other than the superintendent of schools, who is employed by a

4-43  school district after the administrator has been employed by another

4-44  school district in this state, the present employer shall, except as

4-45  otherwise provided in subsection [6:] 8:

5-1  (a) Give the administrator the same credit for previous

5-2  administrative service as he was receiving from his former

5-3  employer, at the end of his former employment;

5-4  (b) Give the administrator credit for his final year of service

5-5  with his former employer, if credit for that service is not otherwise

5-6  included in the credit given pursuant to paragraph (a); and

5-7  (c) Place the administrator on the schedule of salaries of the

5-8  school district in a classification that is comparable to the

5-9  classification the administrator had attained on the schedule of

5-10  salaries of his former employer.

5-11      [6.] 7.  The Commission shall adopt regulations which set

5-12  forth the requisite national certification for the school

5-13  psychologists described in subsection 3 to qualify such employees

5-14  to receive an increase in salary pursuant to that subsection.

5-15      8.  This section does not:

5-16      (a) Require a school district to allow a teacher or administrator

5-17  more credit for previous teaching or administrative service than the

5-18  maximum credit for teaching or administrative experience provided

5-19  for in the schedule of salaries established by it for its licensed

5-20  personnel.

5-21      (b) Permit a school district to deny a teacher or administrator

5-22  credit for his previous teaching or administrative service on the

5-23  ground that the service differs in kind from the teaching or

5-24  administrative experience for which credit is otherwise given by the

5-25  school district.

5-26      [7.] 9. As used in this section:

5-27      (a) “Previous administrative service” means the total of:

5-28          (1) Any period of administrative service for which an

5-29  administrator received credit from his former employer at the

5-30  beginning of his former employment; and

5-31          (2) His period of administrative service in his former

5-32  employment.

5-33      (b) “Previous teaching service” means the total of:

5-34          (1) Any period of teaching service for which a teacher

5-35  received credit from his former employer at the beginning of his

5-36  former employment; and

5-37          (2) His period of teaching service in his former employment.

5-38      Sec. 3.  On or before October 1, 2003, the Commission on

5-39  Professional Standards in Education shall adopt regulations in

5-40  accordance with subsection 7 of section 2 of this act.

5-41      Sec. 4.  1.  Notwithstanding the provisions of section 2 of this

5-42  act:

5-43      (a) A school psychologist who desires to receive an increase in

5-44  salary for the 2003-2004 school year pursuant to subsection 3 of that

6-1  section may submit evidence of his national certification not later

6-2  than November 1, 2003.

6-3  (b) If a school psychologist:

6-4       (1) Submits evidence of his national certification on or

6-5  before November 1, 2003; and

6-6       (2) Satisfies the requirements of paragraphs (b) and (c) of

6-7  subsection 3 of section 2 of this act,

6-8  the board of trustees of the school district that employs the school

6-9  psychologist shall pay to the school psychologist the increase in

6-10  salary required by subsection 3 of section 2 of this act retroactively

6-11  to the beginning of the 2003-2004 school year.

6-12      2.  As used in this section, “national certification” means the

6-13  certification approved by the Commission on Professional Standards

6-14  in Education pursuant to subsection 7 of section 2 of this act.

6-15      Sec. 5.  The provisions of subsection 1 of NRS 354.599 do not

6-16  apply to any additional expenses of a local government that are

6-17  related to the provisions of this act.

6-18      Sec. 6.  This act becomes effective on July 1, 2003.

 

6-19  H