(Reprinted with amendments adopted on April 15, 2025)
FIRST REPRINT A.B. 155
- *AB155_R1*
ASSEMBLY BILL NO. 155–ASSEMBLYMEMBERS LA RUE
HATCH, ANDERSON, CARTER, MILLER; AND HUNT
PREFILED JANUARY 30, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to public employees.
(BDR 23-612)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to public employees; revising the scope of the
mandatory subjects of collective bargaining to include the
ratio of pupils per licensed teacher for each classroom and
the ratio of pupils per each type of specialized
instructional support personnel in public schools; revising
the requirement that a school district consider the
recommendations developed by the State Board of
Education when establishing the ratio of pupils per
licensed teacher and specialized instructional support
personnel; revising provisions concerning the
development of a plan to improve set ratios of pupils to
specialized instructional support personnel in certain
school districts; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth the mandatory subjects of bargaining that are subject to 1
negotiation with a recognized employee organization for the purposes of a 2
collective bargaining agreement. (NRS 288.150) Section 1 of this bill revises the 3
scope of mandatory subjects of bargaining to include the ratio of pupils per licensed 4
teacher for each classroom and the ratio of pupils per each type of specialized 5
instructional support personnel in public schools. 6
Existing law requires the board of trustees of each school district to consider 7
the recommendations developed by the State Board of Education when establishing 8
the ratio of pupils per licensed teacher or specialized instructional support 9
personnel in the school district. (NRS 388.890) Section 2 of this bill creates an 10
exception to this requirement for when a school district is bound to a ratio of pupils 11
per licensed teacher or specialized instructional support personnel set by a 12
– 2 –
- *AB155_R1*
collective bargaining agreement. Section 3 of this bill makes conforming changes 13
to a provision relating to the development of a plan to improve the set ratio of 14
pupils to specialized instructional support personnel in certain school districts. 15
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.150 is hereby amended to read as follows: 1
288.150 1. Except as otherwise provided in subsection 6 and 2
NRS 354.6241, every local government employer shall negotiate in 3
good faith through one or more representatives of its own choosing 4
concerning the mandatory subjects of bargaining set forth in 5
subsection 2 with the designated representatives of the recognized 6
employee organization, if any, for each appropriate bargaining unit 7
among its employees. If either party so requests, agreements reached 8
must be reduced to writing. 9
2. The scope of mandatory bargaining is limited to: 10
(a) Salary or wage rates or other forms of direct monetary 11
compensation. 12
(b) Sick leave. 13
(c) Vacation leave. 14
(d) Holidays. 15
(e) Other paid or nonpaid leaves of absence. 16
(f) Insurance benefits. 17
(g) Total hours of work required of an employee on each 18
workday or workweek. 19
(h) Total number of days’ work required of an employee in a 20
work year. 21
(i) Except as otherwise provided in subsections 8 and 11, 22
discharge and disciplinary procedures. 23
(j) Recognition clause. 24
(k) The method used to classify employees in the bargaining 25
unit. 26
(l) Deduction of dues for the recognized employee organization. 27
(m) Protection of employees in the bargaining unit from 28
discrimination because of participation in recognized employee 29
organizations consistent with the provisions of this chapter. 30
(n) No-strike provisions consistent with the provisions of this 31
chapter. 32
(o) Grievance and arbitration procedures for resolution of 33
disputes relating to interpretation or application of collective 34
bargaining agreements. 35
(p) General savings clauses. 36
(q) Duration of collective bargaining agreements. 37
(r) Safety of the employee. 38
– 3 –
- *AB155_R1*
(s) Teacher preparation time. 1
(t) Materials and supplies for classrooms. 2
(u) Except as otherwise provided in subsections 9 and 11, the 3
policies for the transfer and reassignment of teachers. 4
(v) The ratio of pupils per licensed teacher for each classroom. 5
(w) The ratio of pupils per each type of specialized 6
instructional support personnel. 7
(x) Procedures for reduction in workforce consistent with the 8
provisions of this chapter. 9
[(w)] (y) Procedures consistent with the provisions of subsection 10
6 for the reopening of collective bargaining agreements for 11
additional, further, new or supplementary negotiations during 12
periods of fiscal emergency. 13
3. Those subject matters which are not within the scope of 14
mandatory bargaining and which are reserved to the local 15
government employer without negotiation include: 16
(a) Except as otherwise provided in paragraph (u) of subsection 17
2, the right to hire, direct, assign or transfer an employee, but 18
excluding the right to assign or transfer an employee as a form of 19
discipline. 20
(b) The right to reduce in force or lay off any employee because 21
of lack of work or lack of money, subject to paragraph [(v)] (x) of 22
subsection 2. 23
(c) The right to determine: 24
(1) [Appropriate] Except as otherwise provided in 25
paragraphs (v) and (w) of subsection 2, appropriate staffing levels 26
and work performance standards, except for safety considerations; 27
(2) The content of the workday, including, without 28
limitation, workload factors, except for safety considerations; 29
(3) The quality and quantity of services to be offered to the 30
public; and 31
(4) The means and methods of offering those services. 32
(d) Safety of the public. 33
4. The provisions of NRS 245.063, 268.4069 and 391.1605 are 34
not subject to negotiations with an employee organization. Any 35
provision of a collective bargaining agreement negotiated pursuant 36
to this chapter which differs from or conflicts in any way with the 37
provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable 38
and void. 39
5. If the local government employer is a school district, any 40
money appropriated by the State to carry out increases in salaries or 41
benefits for the employees of the school district is subject to 42
negotiations with an employee organization. 43
– 4 –
- *AB155_R1*
6. Notwithstanding the provisions of any collective bargaining 1
agreement negotiated pursuant to this chapter, a local government 2
employer is entitled to: 3
(a) Reopen a collective bargaining agreement for additional, 4
further, new or supplementary negotiations relating to compensation 5
or monetary benefits during a period of fiscal emergency. 6
Negotiations must begin not later than 21 days after the local 7
government employer notifies the employee organization that a 8
fiscal emergency exists. For the purposes of this section, a fiscal 9
emergency shall be deemed to exist: 10
(1) If the amount of revenue received by the general fund of 11
the local government employer during the last preceding fiscal year 12
from all sources, except any nonrecurring source, declined by 5 13
percent or more from the amount of revenue received by the general 14
fund from all sources, except any nonrecurring source, during the 15
next preceding fiscal year, as reflected in the reports of the annual 16
audits conducted for those fiscal years for the local government 17
employer pursuant to NRS 354.624; or 18
(2) If the local government employer has budgeted an 19
unreserved ending fund balance in its general fund for the current 20
fiscal year in an amount equal to 4 percent or less of the actual 21
expenditures from the general fund for the last preceding fiscal year, 22
and the local government employer has provided a written 23
explanation of the budgeted ending fund balance to the Department 24
of Taxation that includes the reason for the ending fund balance and 25
the manner in which the local government employer plans to 26
increase the ending fund balance. 27
(b) Take whatever actions may be necessary to carry out its 28
responsibilities in situations of emergency such as a riot, military 29
action, natural disaster or civil disorder. Those actions may include 30
the suspension of any collective bargaining agreement for the 31
duration of the emergency. 32
Any action taken under the provisions of this subsection must not 33
be construed as a failure to negotiate in good faith. 34
7. The provisions of this chapter, including, without limitation, 35
the provisions of this section, recognize and declare the ultimate 36
right and responsibility of the local government employer to manage 37
its operation in the most efficient manner consistent with the best 38
interests of all its citizens, its taxpayers and its employees. 39
8. If the sponsor of a charter school reconstitutes the governing 40
body of a charter school pursuant to NRS 388A.330, the new 41
governing body may terminate the employment of any teachers or 42
other employees of the charter school, and any provision of any 43
agreement negotiated pursuant to this chapter that provides 44
otherwise is unenforceable and void. 45
– 5 –
- *AB155_R1*
9. The board of trustees of a school district in which a school is 1
designated as a turnaround school pursuant to NRS 388G.400 or the 2
principal of such a school, as applicable, may take any action 3
authorized pursuant to NRS 388G.400, including, without 4
limitation: 5
(a) Reassigning any member of the staff of such a school; or 6
(b) If the staff member of another public school consents, 7
reassigning that member of the staff of the other public school to 8
such a school. 9
10. Any provision of an agreement negotiated pursuant to this 10
chapter which differs from or conflicts in any way with the 11
provisions of subsection 9 or imposes consequences on the board of 12
trustees of a school district or the principal of a school for taking 13
any action authorized pursuant to subsection 9 is unenforceable and 14
void. 15
11. The board of trustees of a school district or the governing 16
body of a charter school or university school for profoundly gifted 17
pupils may use a substantiated report of the abuse or neglect of a 18
child or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 19
394.366 obtained from the Statewide Central Registry for the 20
Collection of Information Concerning the Abuse or Neglect of a 21
Child established by NRS 432.100 or an equivalent registry 22
maintained by a governmental agency in another jurisdiction for the 23
purposes authorized by NRS 388A.515, 388C.200, 391.033, 24
391.104 or 391.281, as applicable. Such purposes may include, 25
without limitation, making a determination concerning the 26
assignment, discipline or termination of an employee. Any provision 27
of any agreement negotiated pursuant to this chapter which conflicts 28
with the provisions of this subsection is unenforceable and void. 29
12. This section does not preclude, but this chapter does not 30
require, the local government employer to negotiate subject matters 31
enumerated in subsection 3 which are outside the scope of 32
mandatory bargaining. The local government employer shall discuss 33
subject matters outside the scope of mandatory bargaining but it is 34
not required to negotiate those matters. 35
13. Contract provisions presently existing in signed and ratified 36
agreements as of May 15, 1975, at 12 p.m. remain negotiable. 37
14. As used in this section, “abuse or neglect of a child” has 38
the meaning ascribed to it in NRS 392.281. 39
Sec. 2. NRS 388.890 is hereby amended to read as follows: 40
388.890 1. The State Board shall develop nonbinding 41
recommendations for the ratio of pupils per licensed teacher and 42
specialized instructional support personnel in the public schools of 43
this State for kindergarten and grades 1 to 12, inclusive. [The] 44
Unless a school district is bound to a ratio of pupils per licensed 45
– 6 –
- *AB155_R1*
teacher or specialized instructional support personnel set by a 1
collective bargaining agreement established pursuant to NRS 2
288.150, the board of trustees of each school district shall consider 3
the recommendations in establishing the ratio of pupils per licensed 4
teacher or specialized instructional support personnel, as applicable, 5
in the school district. 6
2. The recommendations developed by the State Board must: 7
(a) Prescribe a suggested ratio of pupils per licensed teacher for 8
each classroom and course of instruction, except choir, orchestra 9
and band, in kindergarten and grades 1 to 12, inclusive; 10
(b) Prescribe a suggested ratio of pupils per each type of 11
specialized instructional support personnel for each kind of public 12
school described in NRS 388.020; 13
(c) Be based on evidence-based national standards set forth by 14
the licensing body for teachers and the licensing body for each type 15
of specialized instructional support personnel; 16
(d) Take into account the unique needs of certain pupils, 17
including, without limitation, pupils who are English learners; 18
(e) Require that administrators and other licensed educational 19
personnel, including, without limitation, counselors, coaches and 20
special education teachers, who may be present in a classroom but 21
do not teach every pupil in the classroom may not be counted in 22
determining the ratio of pupils per licensed teacher; and 23
(f) Count only teachers who are actively teaching pupils during 24
a class period and teach a subject, and are the teacher of record 25
assigned to the classroom of pupils, for which the ratio of pupils per 26
licensed teacher is being determined. 27
3. Nothing in this section shall be deemed to relieve a school 28
district of its obligation to comply with the requirements of NRS 29
388.700 and 388.720, as applicable to the school district. 30
4. Not later than 30 days after the beginning of each school 31
year, the board of trustees of each school district shall post on an 32
Internet website maintained by the school district the ratio of pupils 33
per licensed teacher that has been approved for each class in the 34
district. 35
5. The board of trustees of a school district with one or more 36
schools that exceed the recommended ratio of pupils to specialized 37
instructional support personnel shall develop a 15-year strategic 38
plan to achieve the ratio of pupils to specialized instructional 39
support personnel in the district. 40
6. On or before February 1 of each odd-numbered year, the 41
board of trustees of each school district shall submit a report on the 42
progress of the school district in obtaining the ratio of pupils per 43
licensed teacher and specialized instructional support personnel 44
recommended pursuant to this section to the Director of the 45
– 7 –
- *AB155_R1*
Legislative Counsel Bureau for transmittal to the Senate and 1
Assembly Standing Committees on Education. 2
7. As used in this section: 3
(a) “English learner” has the meaning ascribed to it in 20 U.S.C. 4
§ 7801(20). 5
(b) “Specialized instructional support personnel” includes 6
persons employed by each school to provide necessary services such 7
as assessment, diagnosis, counseling, educational services, 8
therapeutic services and related services, as defined in 20 U.S.C. § 9
1401(26), to pupils. Such persons employed by a school include, 10
without limitation: 11
(1) A school counselor; 12
(2) A school psychologist; 13
(3) A school social worker; 14
(4) A school nurse; 15
(5) A speech-language pathologist; 16
(6) A school library media specialist; and 17
(7) Any other qualified professional. 18
Sec. 3. NRS 388.892 is hereby amended to read as follows: 19
388.892 1. The board of trustees of a school district in a 20
county whose population is 100,000 or more shall develop a plan to 21
improve the ratio of pupils to specialized instructional support 22
personnel to meet the ratio [recommended] : 23
(a) Recommended by the State Board pursuant to NRS 388.890 24
[.] ; or 25
(b) Required by a collective bargaining agreement established 26
pursuant to NRS 288.150, if applicable. 27
2. The plan developed pursuant to subsection 1 must include, 28
without limitation: 29
(a) Strategies to recruit and retain school counselors, school 30
psychologists and school social workers and other specialized 31
instructional support personnel; and 32
(b) Annual targets to meet the ratio of pupils to specialized 33
instructional support personnel [recommended] : 34
(1) Recommended by the State Board pursuant to NRS 35
388.890 [.] ; or 36
(2) Required by a collective bargaining agreement 37
established pursuant to NRS 288.150, if applicable. 38
[2.] 3. On or before October 1 of each year, the board of 39
trustees of a school district in a county whose population is 100,000 40
or more shall submit to the Department a report on the 41
implementation of the plan developed pursuant to subsection 1 for 42
the immediately preceding school year. The report must include, 43
without limitation: 44
– 8 –
- *AB155_R1*
(a) The ratio of pupils to specialized instructional support 1
personnel for the immediately preceding school year, disaggregated 2
by type of specialized instructional support personnel, and any 3
progress made to meet the recommended or required ratio; 4
(b) An evaluation of the strategies to recruit and retain 5
specialized instructional support personnel implemented pursuant to 6
paragraph (a) of subsection [1;] 2; and 7
(c) A strategy to be implemented over the next school year to 8
meet the annual targets identified pursuant to paragraph (b) of 9
subsection [1.] 2. 10
[3.] 4. On or before February 1 of each year, the Department 11
shall submit a compilation of the reports submitted to the 12
Department pursuant to subsection [2] 3 to: 13
(a) The Governor; 14
(b) In odd-numbered years, the Director of the Legislative 15
Counsel Bureau for transmittal to the Senate and Assembly 16
Standing Committees on Education; 17
(c) In even-numbered years, the Joint Interim Standing 18
Committee on Education; and 19
(d) The State Board. 20
[4.] 5. The compilation prepared by the Department pursuant to 21
subsection [3] 4 must allow the information included in the report to 22
be disaggregated by school district. The Department shall post a 23
copy of the compilation on its Internet website. 24
[5.] 6. As used in this section, “specialized instructional 25
support personnel” has the meaning ascribed to it in NRS 388.890. 26
Sec. 4. The amendatory provisions of this act do not apply to a 27
collective bargaining agreement entered into before July 1, 2025. 28
Sec. 5. This act becomes effective on July 1, 2025. 29
H