A.B. 398
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ASSEMBLY BILL NO. 398–ASSEMBLYMEMBER YEAGER
MARCH 11, 2025
____________
Referred to Committee on Ways and Means
SUMMARY—Provides for additional compensation for certain
hard-to-fill positions at public schools.
(BDR 34-189)
FISCAL NOTE: Effect on Local Government: No.
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 education; requiring additional support for the
State Education Fund to provide compensation in addition
to base pay for hard-to-fill positions in public schools;
requiring the Superintendent of Public Instruction to
apportion the amount allocated to provide such
compensation among school districts on a monthly basis;
eliminating the authority to use weighted funding
provided to a school for certain pupils to pay certain
hiring and retention incentives; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the State Education Fund for the support of the operation 1
of the public schools in this State and requires that certain revenues of the State be 2
deposited in the Fund. In addition to these revenues, existing law requires support 3
for the State Education Fund to be provided by direct legislative appropriation in an 4
amount determined by the Legislature to be sufficient to fund the operation of 5
public schools in this State for the next ensuing biennium. (NRS 387.1212) After 6
this direct legislative appropriation is made, existing law directs the Legislature to 7
determine the statewide base per pupil funding amount for each fiscal year of the 8
biennium, which is the amount of money on a per pupil basis for the projected 9
enrollment of the public schools in this State which the Legislature determines is 10
sufficient to fund the cost of all public schools in this State to operate and provide 11
general education to all pupils, with the exception of certain expenses for which 12
specific funding is otherwise provided. (NRS 387.1214) Section 2 of this bill 13
requires that additional support for the State Education Fund be provided in an 14
amount determined by the Legislature to be sufficient to ameliorate high teacher 15
vacancy rates by providing compensation, in addition to base pay, for hard-to-fill 16
positions in the public schools of this State. Sections 2 and 6 of this bill exclude 17
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this amount from the calculation of the base per pupil funding amount. Section 2 18
defines “hard-to-fill position” as including: (1) teacher positions at certain Title I 19
schools; and (2) teacher positions and other positions filled by licensed educational 20
personnel whose duties include actively teaching pupils in certain subjects which 21
are suffering from a critical labor shortage. Sections 2 and 5 of this bill authorize 22
the money for this amount to be appropriated to the State Education Fund from the 23
State General Fund or transferred, at the direction of the Legislature, from the 24
Education Stabilization Account. 25
Section 3 of this bill requires the Superintendent of Public Instruction to 26
apportion the money appropriated or transferred to the State Education Fund 27
pursuant to section 2 among the school districts in this State, on a monthly basis, 28
according to the yearly apportionment for each school district as specified by the 29
Legislature. Section 3 provides for the reversion of any such money which is not 30
committed for expenditure at the end of each fiscal year. 31
Sections 4, 6 and 7 of this bill exclude certain amounts appropriated or 32
transferred to the State Education Fund pursuant to section 2 from: (1) the money 33
upon which interest is earned for the State Education Fund; and (2) money in the 34
State Education Fund which must be used for certain purposes. 35
Under the Pupil-Centered Funding Plan, existing law requires a public school 36
that receives weighted funding for one or more at-risk pupils or pupils who are 37
English learners to use such funding only to provide services to such pupils, which 38
are referred to as “Victory services” and “Zoom services,” respectively. (NRS 39
387.121, 387.12445) Existing law authorizes the use of this weighted funding to 40
provide incentives for hiring and retaining teachers and other licensed educational 41
personnel who provide such services. (NRS 387.12445) Section 8 of this bill 42
eliminates the authority to use weighted funding to pay for such incentives. 43
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 387 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. In addition to money from any other source 3
provided by law, support for the State Education Fund must be 4
provided by: 5
(a) Direct legislative appropriation from the State General 6
Fund; or 7
(b) A transfer from the Education Stabilization Account as 8
directed by the Legislature, 9
in an amount determined by the Legislature to be sufficient to 10
ameliorate high teacher vacancy rates by providing compensation, 11
in addition to base pay, for hard-to-fill positions in the public 12
schools of this State. 13
2. It is the intent of the Legislature that the additional 14
compensation for hard-to-fill positions funded pursuant to 15
subsection 1 is a temporary solution to ameliorate the urgent 16
problem of high teacher vacancy rates, which are detrimental to 17
student outcomes. To the extent that the reporting on hard-to-fill 18
positions pursuant to subsection 4 demonstrates that such 19
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positions no longer exist at a school district, the Legislature may 1
determine that such funding should not be provided to the school 2
district during a given biennium. It is the intent of the Legislature, 3
when making the appropriation or transfer pursuant to subsection 4
1, to specify the apportionment for each school district for each 5
fiscal year of the biennium. 6
3. Money received by a school district from an appropriation 7
or transfer made pursuant to subsection 1 is subject to collective 8
bargaining, but may only be used to provide additional 9
compensation for hard-to-fill positions. 10
4. It is the intent of the Legislature that money appropriated 11
or transferred to the State Education Fund pursuant to subsection 12
1 not be included when calculating the statewide base per pupil 13
funding amount for a fiscal year pursuant to NRS 387.1214. 14
5. Not later than August 1 of each year, each school district 15
shall submit a report to the Office of Finance and the Interim 16
Finance Committee that states the total number of hard-to-fill 17
positions in the school district and the number of such positions 18
which were vacant at the end of the immediately preceding school 19
year. 20
6. As used in this section, “hard-to-fill position” means: 21
(a) A teacher position at a Title I school which has: 22
(1) A vacancy rate for teacher positions of 15 percent or 23
more, if the school is a high school; 24
(2) A vacancy rate for teacher positions of 12 percent or 25
more, if the school is a middle school or junior high school; or 26
(3) A vacancy rate for teacher positions of 10 percent or 27
more, if the school is an elementary school. 28
(b) A teacher position or other position staffed by a person 29
licensed pursuant to chapter 391 of NRS: 30
(1) Who is the teacher of record assigned to a classroom of 31
pupils; and 32
(2) Whose duties include actively teaching pupils during a 33
class period, for the majority of class periods during the school 34
day, in English language arts, mathematics, science or special 35
education, if such subjects are suffering from a critical labor 36
shortage, as determined by the board of trustees of the school 37
district. 38
Sec. 3. 1. On or before the first day of each month, the 39
Superintendent of Public Instruction shall apportion the money 40
appropriated or transferred by the Legislature to the State 41
Education Fund pursuant to section 2 of this act among the 42
several county school districts in amounts approximating one-43
twelfth of their respective yearly apportionments, as specified by 44
the Legislature. 45
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2. A school district shall use the money apportioned to it to 1
provide compensation, in addition to base salary, for hard-to-fill 2
positions, in accordance with the provisions of section 2 of this act 3
and any applicable collective bargaining agreement. 4
3. To the extent that the money apportioned to a school 5
district includes both money appropriated from the State General 6
Fund and money transferred from the Education Stabilization 7
Account, a school district shall be deemed to have spent any 8
amount transferred from the Education Stabilization Account 9
before any amount appropriated from the State General Fund. 10
4. Any balance of the amount apportioned to a school district 11
pursuant to this section which is not committed for expenditure on 12
or before June 30 of the fiscal year in which the apportionment is 13
made reverts to the fund or account from which it was 14
appropriated or transferred. 15
5. As used in this section, “hard-to-fill position” has the 16
meaning ascribed to it in section 2 of this act. 17
Sec. 4. NRS 387.1212 is hereby amended to read as follows: 18
387.1212 1. The State Education Fund is hereby created as a 19
special revenue fund to be administered by the Superintendent of 20
Public Instruction for the purpose of supporting the operation of the 21
public schools in this State. The interest and income earned on the 22
money in the Fund, excluding the direct legislative appropriation 23
from the State General Fund required by subsection 3 [,] or any 24
direct legislative appropriation made pursuant to section 2 of this 25
act, must, after deducting any applicable charges, be credited to the 26
Fund. 27
2. Money which must be deposited for credit to the State 28
Education Fund includes, without limitation: 29
(a) All money derived from interest on the State Permanent 30
School Fund, as provided in NRS 387.030; 31
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 32
and any applicable penalty or interest, less any amount retained by 33
the county treasurer for the actual cost of collecting and 34
administering the tax; 35
(c) The proceeds of the tax imposed pursuant to subsection 1 of 36
NRS 387.195; 37
(d) The money identified in subsection 9 of NRS 120A.610; 38
(e) The portion of the money in each special account created 39
pursuant to subsection 1 of NRS 179.1187 which is identified in 40
paragraph (d) of subsection 2 of NRS 179.1187; 41
(f) The money identified in paragraph (d) of subsection 6 of 42
NRS 278C.250; 43
(g) The money identified in subsection 1 of NRS 328.450; 44
(h) The money identified in subsection 1 of NRS 328.460; 45
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(i) The money identified in paragraph (a) of subsection 2 of 1
NRS 360.850; 2
(j) The money identified in paragraph (a) of subsection 2 of 3
NRS 360.855; 4
(k) The money required to be transferred to the State Education 5
Fund pursuant to NRS 362.100; 6
(l) The money required to be deposited to the credit of the State 7
Education Fund pursuant to subsection 4 of NRS 362.170; 8
(m) The portion of the proceeds of the tax imposed pursuant to 9
subsection 1 of NRS 372A.290 identified in paragraph (b) of 10
subsection 4 of NRS 372A.290; 11
(n) The proceeds of the tax imposed pursuant to subsection 3 of 12
NRS 372A.290; 13
(o) The proceeds of the fees, taxes, interest and penalties 14
imposed pursuant to chapter 374 of NRS, as transferred pursuant to 15
subsection 3 of NRS 374.785; 16
(p) The money identified in subsection 5 of NRS 445B.640; 17
(q) The money identified in paragraph (b) of subsection 7 of 18
NRS 678B.390; 19
(r) The portion of the proceeds of the excise tax imposed 20
pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) 21
of subsection 5 of NRS 463.385; 22
(s) The money required to be distributed to the State Education 23
Fund pursuant to subsection 3 of NRS 482.181; 24
(t) The portion of the proceeds of the fee imposed pursuant to 25
NRS 488.075 identified in subsection 2 of NRS 488.075; 26
(u) The portion of the net profits of the grantee of a franchise, 27
right or privilege identified in NRS 709.110; 28
(v) The portion of the net profits of the grantee of a franchise 29
identified in NRS 709.230; 30
(w) The portion of the net profits of the grantee of a franchise 31
identified in NRS 709.270; 32
(x) The money required to be distributed to the State Education 33
Fund pursuant to NRS 363D.290; 34
(y) The amount of any fines required to be remitted to the State 35
Treasurer for deposit to the credit of the State Education Fund 36
pursuant to subsection 1 of NRS 555.470; 37
(z) The amount of any claim, together with any dividend, 38
interest or other increment required to be transferred to the State 39
Education Fund pursuant to subsection 2 of NRS 120A.645; 40
(aa) The portion of the proceeds of the tax imposed pursuant to 41
subsection 2 of NRS 372A.290 identified in paragraph (b) of 42
subsection 5 of NRS 372A.290; and 43
(bb) The direct legislative appropriation from the State General 44
Fund required by subsection 3. 45
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3. In addition to money from any other source provided by law, 1
support for the State Education Fund must be provided by direct 2
legislative appropriation from the State General Fund in an amount 3
determined by the Legislature to be sufficient to fund the operation 4
of the public schools in this State for kindergarten through grade 12 5
for the next ensuing biennium for the population reasonably 6
estimated for that biennium. Money in the State Education Fund 7
does not revert to the State General Fund at the end of a fiscal year, 8
and the balance in the State Education Fund must be carried forward 9
to the next fiscal year. 10
4. Money in the Fund must be paid out on claims as other 11
claims against the State are paid. 12
Sec. 5. NRS 387.1213 is hereby amended to read as follows: 13
387.1213 1. The Education Stabilization Account is hereby 14
created in the State Education Fund. Except as otherwise provided 15
in this section, each year after the close of the previous fiscal year 16
and before the issuance of the State Controller’s annual report, each 17
county school district shall transfer from the county school district 18
fund to the Education Stabilization Account any amount by which 19
the actual ending fund balance of the county school district fund 20
exceeds 16.6 percent of the total actual expenditures for the fund. 21
The interest and income earned on the money in the Account, after 22
deducting any applicable charges, must be credited to the Account. 23
2. Money transferred pursuant to subsection 1 to the Education 24
Stabilization Account is a continuing appropriation solely for the 25
purpose of authorizing the expenditure of the transferred money for 26
the purposes set forth in this section [.] and section 2 of this act. 27
3. The balance in the Education Stabilization Account must not 28
exceed 20 percent of the total of all appropriations and 29
authorizations from the State Education Fund, excluding the 30
Education Stabilization Account, for the immediately preceding 31
fiscal year. Any money transferred to the Education Stabilization 32
Account which exceeds this amount must instead be transferred to 33
the State Education Fund. 34
4. If the Interim Finance Committee finds that: 35
(a) Upon submission of a request from the Department, the 36
actual enrollment growth for a fiscal year exceeds the projected 37
enrollment growth by an amount that the Interim Finance 38
Committee determines would make a transfer of money to the State 39
Education Fund necessary to fund the excess enrollment; 40
(b) The collection of revenue in any fiscal year will result in the 41
State Education Fund receiving less money than authorized for 42
expenditure from the State Education Fund; 43
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(c) Upon submission of a request from the Department, any 1
amount of money which was deposited in the State Education Fund 2
is found by an audit to have been deposited in error; or 3
(d) Upon submission of a request from the Department, any 4
error in the application of the Pupil-Centered Funding Plan by the 5
Department has created a shortfall in the State Education Fund, 6
the Committee shall by resolution establish an amount of money 7
to transfer from the Education Stabilization Account to the State 8
Education Fund and direct the State Controller to transfer that 9
amount to the State Education Fund. The State Controller shall 10
thereupon make the transfer. 11
5. When determining the actual ending fund balance for the 12
purposes of subsection 1, each county school district shall exclude: 13
(a) Any money deposited in the county school district fund on or 14
before June 30, 2020; 15
(b) Any money apportioned to the county school district for 16
capital projects or debt service pursuant to subsection 2 of NRS 17
362.170 and deposited in the county school district fund when 18
authorized by law; and 19
(c) Any money transferred to the county school district and 20
authorized for expenditure as a continuing appropriation pursuant to 21
paragraph (b) of subsection 6 of NRS 387.1214. 22
6. If the Superintendent of Public Instruction determines that 23
the money due from the State Education Fund to a county school 24
district, charter school or university school for profoundly gifted 25
pupils pursuant to NRS 387.185 exceeds the amount of money 26
available in the State Education Fund because of a delay in expected 27
receipts, he or she may request from the Director of the Office of 28
Finance a temporary advance from the Education Stabilization 29
Account for the payment of such money due. Upon receipt of such a 30
request, the Director of the Office of Finance shall make a 31
recommendation to the Interim Finance Committee to approve the 32
temporary advance in whole or in part or to deny the request. If the 33
Interim Finance Committee approves the request in whole or in part, 34
the Director of the Office of Finance shall notify the State Controller 35
and the Fiscal Analysis Division of the Legislative Counsel Bureau 36
of the amount approved by the Interim Finance Committee, and the 37
State Controller shall draw his or her warrant upon receipt of such a 38
notice of approval. Any money which is temporarily advanced from 39
the Education Stabilization Account pursuant to this subsection 40
must be repaid by August 31 following the end of the fiscal year in 41
which the temporary advance is made. 42
7. The balance remaining in the State Education Fund, 43
excluding the balance remaining in the Education Stabilization 44
Account, that has not been committed for expenditure on or before 45
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June 30 of an odd-numbered fiscal year must be transferred to the 1
Education Stabilization Account to the extent that such a transfer 2
would not cause the balance in the Education Stabilization Account 3
to exceed the limit established in subsection 3. 4
Sec. 6. NRS 387.1214 is hereby amended to read as follows: 5
387.1214 1. After a direct legislative appropriation is made to 6
the State Education Fund from the State General Fund pursuant to 7
NRS 387.1212, the Legislature shall determine the statewide base 8
per pupil funding amount for each fiscal year of the biennium, 9
which is the amount of money expressed on a per pupil basis for the 10
projected enrollment of the public schools in this State, determined 11
to be sufficient by the Legislature to fund the costs of all public 12
schools in this State to operate and provide general education to all 13
pupils for any purpose for which specific funding is not 14
appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 or 15
NRS 387.122 [.] or section 2 of this act. It is the intent of the 16
Legislature that the statewide base per pupil funding amount for any 17
fiscal year, to the extent practicable, be not less than the statewide 18
base per pupil funding amount for the immediately preceding fiscal 19
year, adjusted by the rate of inflation, unless the amount of money 20
contained in the State Education Fund, excluding the Education 21
Stabilization Account, decreases from the preceding fiscal year. If 22
the amount of money contained in the State Education Fund, 23
excluding the Education Stabilization Account, decreases from the 24
preceding fiscal year, it is the intent of the Legislature that a 25
proportional reduction be made in both the statewide base per pupil 26
funding amount and the weighted funding appropriated pursuant to 27
paragraph (e) of subsection 2. 28
2. After a direct legislative appropriation is made to the State 29
Education Fund from the State General Fund pursuant to NRS 30
387.1212, the money in the State Education Fund, excluding any 31
amount of money in the Education Stabilization Account [,] or 32
money appropriated or transferred pursuant to section 2 of this 33
act, must be appropriated as established by law for each fiscal year 34
of the biennium for the following purposes: 35
(a) To each school district, an amount of money determined to 36
be sufficient by the Legislature, when combined with any other 37
resources available for this purpose, to provide food services and 38
transportation for pupils and any other similar service that the 39
Legislature deems appropriate. 40
(b) To each school district, charter school or university school 41
for profoundly gifted pupils, an amount of money determined to be 42
sufficient by the Legislature, when combined with any other 43
resources available for this purpose, to provide local funding to 44
support pupils with disabilities. 45
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(c) To each school district, an amount of money determined to 1
be sufficient by the Legislature, when combined with any other 2
resources available for this purpose, to provide adjusted base per 3
pupil funding for each pupil estimated to be enrolled in the school 4
district. 5
(d) To each charter school or university school for profoundly 6
gifted pupils, an amount of money determined to be sufficient by the 7
Legislature, when combined with any other resources available for 8
this purpose, to provide: 9
(1) The statewide base per pupil funding amount for each 10
pupil estimated to be enrolled full-time in a program of distance 11
education provided by the charter school or university school for 12
profoundly gifted pupils; and 13
(2) Adjusted base per pupil funding for each pupil estimated 14
to be enrolled in the charter school or university school for 15
profoundly gifted pupils other than a pupil identified in 16
subparagraph (1). 17
(e) To each school district, charter school or university school 18
for profoundly gifted pupils, an amount of money determined to be 19
sufficient by the Legislature, when combined with any other 20
resources available for this purpose, to provide additional weighted 21
funding for each pupil estimated to be enrolled in the school district, 22
charter school or university school for profoundly gifted pupils who 23
is: 24
(1) An English learner; 25
(2) An at-risk pupil; or 26
(3) A gifted and talented pupil. 27
3. The adjusted base per pupil funding appropriated pursuant to 28
paragraph (c) of subsection 2 for each school district must be 29
determined by applying the cost adjustment factor established 30
pursuant to NRS 387.1215 which applies to the school district and 31
the attendance area adjustment established pursuant to NRS 32
387.1218 which applies to each applicable area of the school district 33
to the statewide base per pupil funding amount. 34
4. The adjusted base per pupil funding appropriated pursuant to 35
subparagraph (2) of paragraph (d) of subsection 2 for each charter 36
school or university school for profoundly gifted pupils must be 37
determined by applying the cost adjustment factor established 38
pursuant to NRS 387.1215 which applies to the charter school or 39
university school and, if applicable, the attendance area adjustment 40
established pursuant to NRS 387.1218 to the statewide base per 41
pupil funding amount. 42
5. The weighted funding appropriated pursuant to paragraph (e) 43
of subsection 2 must be established separately for each category of 44
pupils identified in that paragraph and expressed as a multiplier to 45
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be applied to the statewide base per pupil funding amount 1
determined pursuant to subsection 1. A pupil who belongs to more 2
than one category of pupils or for whom a school district, charter 3
school or university school for profoundly gifted pupils is eligible to 4
receive the statewide multiplier pursuant to NRS 387.122 must 5
receive only the weighted funding for the single category to which 6
the pupil belongs which has the largest multiplier or the statewide 7
multiplier, whichever is larger. It is the intent of the Legislature that, 8
to the extent practicable: 9
(a) The multiplier for each category of pupils for any fiscal year 10
be not less than the multiplier for the immediately preceding fiscal 11
year unless: 12
(1) The amount of money contained in the State Education 13
Fund, excluding the Education Stabilization Account, decreases 14
from the preceding fiscal year, in which event it is the intent of the 15
Legislature that a proportional reduction be made in both the 16
statewide base per pupil funding amount and the weighted funding 17
appropriated pursuant to paragraph (e) of subsection 2; or 18
(2) The amount of money contained in the State Education 19
Fund, excluding the Education Stabilization Account, increases 20
from the preceding fiscal year but in an amount which, after funding 21
the appropriations required by paragraphs (a) to (d), inclusive, of 22
subsection 2, is insufficient to fund the multiplier for each category 23
of pupils, in which event it is the intent of the Legislature that the 24
remaining money in the State Education Fund be used to provide a 25
multiplier for each category of pupils which is as close as 26
practicable to the multiplier for the preceding fiscal year; 27
(b) The recommendations of the Commission for the multiplier 28
for each category of pupils be considered and the multiplier for one 29
category of pupils may be changed by an amount that is not 30
proportional to the change in the multiplier for one or more other 31
categories of pupils if the Legislature determines that a 32
disproportionate need to serve the pupils in the affected category 33
exists; and 34
(c) If the multipliers for all categories of pupils in a fiscal year 35
are increased from the multipliers in the immediately preceding 36
fiscal year, a proportional increase is considered for the statewide 37
base per pupil funding amount. 38
6. For any money identified in subsection 4 of NRS 362.170 39
which is deposited to the credit of the State Education Fund: 40
(a) The amount of such money for the county from which the 41
money was collected that does not exceed the total amount of 42
money appropriated pursuant to subsection 2 to the county school 43
district is deemed to be the first money appropriated pursuant to 44
subsection 2 for that county school district and the first money spent 45
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by that county school district from the county school district fund 1
during the applicable fiscal year. 2
(b) The amount of such money for the county from which the 3
money was collected which exceeds the total amount of money 4
appropriated pursuant to subsection 2 to the county school district 5
must be transferred to the county school district and is hereby 6
authorized for expenditure as a continuing appropriation for the 7
purpose of mitigating the adverse effects of the cyclical nature of 8
the industry of extracting and processing minerals on the ability of 9
the county school district to offer its pupils a reasonably equal 10
educational opportunity. 11
7. The weighted funding appropriated pursuant to paragraph (e) 12
of subsection 2: 13
(a) May not be used to settle or arbitrate disputes between a 14
recognized organization representing employees of a school district 15
or the governing body of a charter school and the school district or 16
governing body or to settle any negotiations; and 17
(b) May not be used to adjust the district-wide schedules of 18
salaries and benefits of the employees of a school district. 19
8. As used in this section, “rate of inflation” has the meaning 20
ascribed to it in NRS 387.12455. 21
Sec. 7. NRS 387.124 is hereby amended to read as follows: 22
387.124 Except as otherwise provided in this section and NRS 23
387.1241, 387.1242 and 387.528: 24
1. On or before the first day of each month, the Superintendent 25
of Public Instruction shall apportion the State Education Fund 26
among the several county school districts, charter schools and 27
university schools for profoundly gifted pupils in amounts 28
approximating one-twelfth of their respective yearly apportionments 29
less any amount set aside as a reserve , appropriated or transferred 30
pursuant to section 2 of this act or contained in the Education 31
Stabilization Account. Except as otherwise provided in NRS 32
387.1244, the apportionment to a school district, computed on a 33
yearly basis, equals the amounts established by law for each school 34
year pursuant to paragraphs (a), (b), (c) and (e) of subsection 2 of 35
NRS 387.1214 for all pupils who attend a public school operated by 36
the school district located in the county. 37
2. Except as otherwise provided in NRS 387.1244, in addition 38
to the apportionments made pursuant to this section, if a pupil is 39
enrolled part-time in a program of distance education and part-time 40
in a: 41
(a) Public school other than a charter school, an apportionment 42
must be made to the school district in which the pupil resides. The 43
school district in which the pupil resides shall allocate a percentage 44
of the apportionment to the school district or charter school that 45
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provides the program of distance education in the amount set forth 1
in the agreement entered into pursuant to NRS 388.854. 2
(b) Charter school, an apportionment must be made to the 3
charter school in which the pupil is enrolled. The charter school in 4
which the pupil is enrolled shall allocate a percentage of the 5
apportionment to the school district or charter school that provides 6
the program of distance education in the amount set forth in the 7
agreement entered into pursuant to NRS 388.858. 8
3. The Director of the State Department of Agriculture shall 9
apportion, on or before August 1 of each year, the money designated 10
as the “Nutrition State Match” pursuant to NRS 387.105 to those 11
school districts that participate in the National School Lunch 12
Program, 42 U.S.C. §§ 1751 et seq. The apportionment to a school 13
district must be directly related to the district’s reimbursements for 14
the Program as compared with the total amount of reimbursements 15
for all school districts in this State that participate in the Program. 16
Sec. 8. NRS 387.12445 is hereby amended to read as follows: 17
387.12445 1. Except as otherwise provided in subsection 2, 18
each school district shall ensure that all adjusted base per pupil 19
funding received by the school district pursuant to paragraph (c) of 20
subsection 2 of NRS 387.1214 is accounted for separately and, after 21
a deduction for the administrative expenses of the school district in 22
an amount which does not exceed the amount prescribed by the 23
Department by regulation for each school district, be distributed and 24
used as described in this subsection. The adjusted base per pupil 25
funding provided to each school district must: 26
(a) Be distributed by each school district to its public schools in 27
a manner that ensures each pupil in the school district receives a 28
reasonably equal educational opportunity. 29
(b) Be used to support the educational needs of all pupils in the 30
school district, including, without limitation, operating each public 31
school in the school district, training and supporting educational 32
personnel and carrying out any program or service established by, or 33
requirement imposed pursuant to, this title for any purpose for 34
which specific funding is not appropriated pursuant to paragraph (a), 35
(b) or (e) of subsection 2 of NRS 387.1214 or NRS 387.122. 36
2. If a school district determines that an additional amount of 37
money is necessary to satisfy requirements for maintenance of effort 38
or any other requirement under federal law for pupils with 39
disabilities enrolled in the school district, the school district may 40
transfer the necessary amount of money from the adjusted base per 41
pupil funding received by the school district for that purpose. 42
3. Each school district shall ensure that all weighted funding 43
received by the school district pursuant to paragraph (e) of 44
subsection 2 of NRS 387.1214 is accounted for separately and 45
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distributed directly to each school in which the relevant pupils are 1
estimated to be enrolled. 2
4. Each public school shall account separately for the local 3
funding for pupils with disabilities received by the public school 4
pursuant to paragraph (b) of subsection 2 of NRS 387.1214, for the 5
adjusted base per pupil funding received by the public school 6
pursuant to paragraph (c) of subsection 2 of NRS 387.1214, for each 7
category of weighted funding received by the public school pursuant 8
to paragraph (e) of subsection 2 of NRS 387.1214 and for money 9
received from the statewide multiplier pursuant to NRS 387.122. 10
Unless the provisions of subsection 7 or 8 impose greater 11
restrictions on the use of weighted funding by a public school, the 12
public school must use the weighted funding received for each 13
relevant pupil: 14
(a) As a supplement to the adjusted base per pupil funding 15
received for the pupil; and 16
(b) Solely for the purpose of providing such additional 17
educational programs, services or support as are necessary to ensure 18
the pupil receives a reasonably equal educational opportunity. 19
5. Except as otherwise provided in subsection 6, the separate 20
accounting required by subsection 4 for pupils with disabilities and 21
gifted and talented pupils must include: 22
(a) The amount of money provided to the public school for 23
special education; and 24
(b) The cost of: 25
(1) Instruction provided by licensed special education 26
teachers and supporting staff; 27
(2) Related services, including, without limitation, services 28
provided by psychologists, therapists and health-related personnel; 29
(3) Transportation of the pupils with disabilities and gifted 30
and talented pupils to and from school; 31
(4) The direct supervision of educational and supporting 32
programs; and 33
(5) The supplies and equipment needed for providing special 34
education. 35
6. Money received from federal sources must be accounted for 36
separately and excluded from the accounting required pursuant to 37
subsection 5. 38
7. A public school that receives weighted funding for one or 39
more at-risk pupils must use that weighted funding only to provide 40
Victory services and, if one or more at-risk pupils for whom the 41
school received weighted funding in the at-risk pupil category also 42
belong to one or more other categories of pupils who receive 43
weighted funding, the additional services for each such at-risk pupil 44
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which are appropriate for each category to which the at-risk pupil 1
belongs. 2
8. A public school that receives weighted funding for one or 3
more pupils who are English learners must use that weighted 4
funding only to provide Zoom services and, if one or more English 5
learners for whom the school received weighted funding in the 6
English learner category also belong to one or more other categories 7
of pupils who receive weighted funding, the additional services for 8
each such English learner which are appropriate for each category to 9
which the English learner belongs. 10
9. The Department shall adopt regulations prescribing the 11
maximum amount of money that each school district may deduct for 12
its administrative expenses from the adjusted base per pupil funding 13
received by the school district. When adopting such regulations, the 14
Department may express the maximum amount of money that may 15
be deducted as a percentage of the adjusted base per pupil funding 16
received by the school district. 17
10. As used in this section: 18
(a) “Victory services” means any one or more of the following 19
services: 20
(1) A prekindergarten program provided free of charge. 21
(2) A summer academy or other instruction for pupils 22
provided free of charge at times during the year when school is not 23
in session. 24
(3) Additional instruction or other learning opportunities 25
provided free of charge at times of day when school is not in 26
session. 27
(4) Professional development for teachers and other 28
educational personnel concerning instructional practices and 29
strategies that have proven to be an effective means to increase pupil 30
achievement in populations of at-risk pupils. 31
(5) [Incentives for hiring and retaining teachers and other 32
licensed educational personnel who provide Victory services. 33
(6)] Employment of paraprofessionals, other educational 34
personnel and other persons who provide Victory services. 35
[(7)] (6) A reading skills center. 36
[(8)] (7) Integrated student supports, wrap-around services 37
and evidence-based programs designed to meet the needs of at-risk 38
pupils. 39
[(9)] (8) Any other service or program that has a 40
demonstrated record of success for similarly situated pupils in 41
comparable school districts and has been reviewed and approved as 42
a Victory service by the Superintendent of Public Instruction. 43
(b) “Zoom services” means any one or more of the following 44
services: 45
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(1) A prekindergarten program provided free of charge. 1
(2) A reading skills center. 2
(3) Professional development for teachers and other licensed 3
educational personnel regarding effective instructional practices and 4
strategies for pupils who are English learners. 5
(4) [Incentives for hiring and retaining teachers and other 6
licensed educational personnel who provide Zoom services. 7
(5)] Engagement and involvement with parents and families 8
of pupils who are English learners, including, without limitation, 9
increasing effective, culturally appropriate communication with and 10
outreach to parents and families to support the academic 11
achievement of those pupils. 12
[(6)] (5) A summer academy or, for those schools that do not 13
operate on a traditional school calendar, an intersession academy 14
provided free of charge, including, without limitation, the provision 15
of transportation to attend the summer academy or intersession 16
academy. 17
[(7)] (6) An extended school day. 18
[(8)] (7) Any other service or program that has a 19
demonstrated record of success for similarly situated pupils in 20
comparable school districts and has been reviewed and approved as 21
a Zoom service by the Superintendent of Public Instruction. 22
Sec. 9. This act becomes effective on July 1, 2025. 23
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