SB253 - Revises provisions relating to education. (BDR 34-637)

REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 2, 7) S.B. 253 - *SB253* SENATE BILL NO. 253–SENATOR BUCK FEBRUARY 27, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-637) 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 education; revising provisions relating to the statewide system of accountability; creating the Charter School Facilities Account in the State General Fund for the acquisition, improvement and maintenance of facilities of certain charter schools; requiring the Department of Education to distribute money from the Account to certain charter schools based on the attendance of pupils and the eligibility of pupils for free and reduced-price meals; creating the State Public Charter School Facility Fund in the State Treasury for the payment of interest and redemption of outstanding bonds of certain charter schools and the design, construction, acquisition, leasing or renting of facilities for certain charter schools; directing revenue to be deposited into the Fund; revising provisions relating to the annual reports of accountability prepared by the State Board of Education and each school district; revising provisions relating to certain taxes to support public schools; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Department of Education to: (1) determine annually 1 whether each public school is meeting the measurable objectives and performance 2 targets established pursuant to the statewide system of accountability for public 3 schools; and (2) post such determinations and final ratings on the Internet website 4 maintained by the Department. (NRS 385A.670, 385A.720) Section 1 of this bill 5 requires the Department to also post on the Internet website a ranked list of the top 6 – 2 – - *SB253* 10 elementary schools, middle schools and high schools in the State based on the 7 determinations and final ratings. 8 Existing law authorizes the Director of the Department of Business and 9 Industry to issue bonds and other obligations to finance the acquisition, 10 construction, improvement, restoration or rehabilitation of certain property, 11 buildings and facilities for charter schools, known as the Charter School Financing 12 Law. (NRS 388A.550-388A.695) Section 4 of this bill creates the Charter School 13 Facilities Account in the State General Fund for the acquisition, improvement and 14 maintenance of charter school facilities in this State and requires the Superintendent 15 of Public Instruction to administer the Account. 16 Section 4 requires the Department of Education, for Fiscal Year 2025-2026 and 17 each fiscal year thereafter, to distribute the money in the Account to each charter 18 school in this State, other than a charter school for distance education, as follows: 19 (1) $600 per school year per pupil for pupils qualifying as eligible for free and 20 reduced-price meals pursuant to the National School Lunch Program; and (2) $300 21 per school year per pupil for all other pupils. The amount provided to each charter 22 school is reduced proportionally by the number of days each pupil is expected to 23 not attend the school in person if the pupil is participating in a program of distance 24 education provided by the charter school. Section 4 further provides that the money 25 remaining in the Account does not revert to the State General Fund at the end of 26 each fiscal year and must be carried forward to the next fiscal year. 27 Section 5 of this bill creates the State Public Charter School Facility Fund in 28 the State Treasury and requires the money in the Fund to be used for the payment 29 of interest and redemption of outstanding bonds of charter schools and for the 30 design, construction, acquisition, leasing or renting of facilities for certain charter 31 schools. Section 5 requires that money deposited in the Fund from tax revenue 32 from a county be used for charter schools in that county. 33 Existing law requires each board of county commissioners to levy taxes on 34 certain taxable property for the support of public schools in the county, the revenue 35 of which must be credited to the State Education Fund. (NRS 387.195) Section 2 of 36 this bill requires that a portion of such tax revenue must also be credited to the State 37 Public Charter School Facility Fund created by section 5. Section 7 of this bill 38 requires that when a municipality adopts certain ordinances and levies taxes 39 pursuant to section 2, a portion of those taxes be deposited into the Fund. 40 Existing law requires the board of trustees of each school district to report to 41 the State Board of Education and the Teachers and Leaders Council of Nevada 42 concerning the implementation and effectiveness of certain processes of the 43 statewide performance evaluation system for evaluating the performance of 44 educational employees. (NRS 391.465, 391.470) Section 6 of this bill requires the 45 board of trustees of each school district to also submit a report concerning teacher 46 performance evaluations based on the statewide performance evaluation system, 47 including, without limitation, a list of the top 10 percent of elementary school, 48 middle school and high school teachers. Section 6 requires the Department, on or 49 before September 15 of each year, to post on the Internet website of the Department 50 the top 10 percent of elementary school, middle school and high school teachers for 51 each school district in the State based on the statewide performance evaluation 52 system. 53 – 3 – - *SB253* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 385A.720 is hereby amended to read as 1 follows: 2 385A.720 1. Except as otherwise provided in subsection 3: 3 (a) Based upon the information received from the Department 4 pursuant to NRS 385A.670, the board of trustees of each school 5 district shall, on or before August 15 of each year, issue a 6 preliminary rating for each public school in the school district in 7 accordance with the statewide system of accountability for public 8 schools, excluding charter schools sponsored by the State Public 9 Charter School Authority, a college or university within the Nevada 10 System of Higher Education or a city or county. 11 (b) The board of trustees shall make preliminary ratings for all 12 charter schools that are sponsored by the board of trustees. 13 (c) The Department shall make preliminary ratings for all 14 charter schools sponsored by the State Public Charter School 15 Authority, all charter schools sponsored by a college or university 16 within the Nevada System of Higher Education and all charter 17 schools sponsored by a city or county. 18 2. Except as otherwise provided in subsection 3: 19 (a) Before making a final rating for a school, the board of 20 trustees of the school district or the Department, as applicable, shall 21 provide the school an opportunity to review the data upon which the 22 preliminary rating is based and to present evidence. 23 (b) If the school is a public school of the school district or a 24 charter school sponsored by the board of trustees, the board of 25 trustees of the school district shall, in consultation with the 26 Department, make a final determination concerning the rating for 27 the school on September 15. 28 (c) If the school is a charter school sponsored by the State Public 29 Charter School Authority, a college or university within the Nevada 30 System of Higher Education or a city or county, the Department 31 shall make a final determination concerning the rating for the school 32 on September 15. 33 3. The Department may temporarily waive or otherwise pause 34 the requirement to make ratings for public schools that comply with 35 20 U.S.C. § 6311(c) pursuant to this section if the United States 36 Department of Education grants a waiver from or otherwise pauses 37 the requirements of 20 U.S.C. § 6311(c). 38 4. On or before September 15 of each year, the Department 39 shall post on the Internet website maintained by the Department the 40 determinations and final ratings made for all schools in this State [.] 41 and a ranked list of the top 10 elementary schools, middle schools 42 – 4 – - *SB253* and high schools in the State based on the determinations and 1 final ratings. 2 Sec. 2. NRS 387.195 is hereby amended to read as follows: 3 387.195 1. Each board of county commissioners shall levy a 4 tax of 75 cents on each $100 of assessed valuation of taxable 5 property within the county for the support of the public schools. 6 2. The tax collected pursuant to subsection 1 on any assessed 7 valuation attributable to the net proceeds of minerals must not be 8 considered as available to pay liabilities of the fiscal year in which 9 the tax is collected but must be deferred for use in the subsequent 10 fiscal year. 11 3. In addition to any tax levied in accordance with subsection 12 1, each board of county commissioners shall levy a tax for the 13 payment of interest and redemption of outstanding bonds of the 14 county school district [.] , the payment of interest and redemption 15 of outstanding bonds of a charter school in the county and for 16 charter school facilities in the county. 17 4. The tax collected pursuant to subsection 1 and any interest 18 earned from the investment of the proceeds of that tax must be 19 remitted by the county treasurer to the State Treasurer for credit to 20 the State Education Fund. 21 5. The tax collected pursuant to subsection 3 and any interest 22 earned from the investment of the proceeds of that tax must be 23 credited to the county school district’s debt service fund [.] and the 24 State Public Charter School Facility Fund created by section 5 of 25 this act. 26 Sec. 3. Chapter 388A of NRS is hereby amended by adding 27 thereto the provisions set forth as sections 4 and 5 of this act. 28 Sec. 4. 1. There is hereby created the Charter School 29 Facilities Account in the State General Fund for the acquisition, 30 improvement and maintenance of facilities of charter schools 31 operating in this State. 32 2. The Superintendent of Public Instruction shall administer 33 the Account. 34 3. To the extent money is available in the Account, the 35 Department shall, for Fiscal Year 2025-2026 and each fiscal year 36 thereafter, distribute the money in the Account in the following 37 manner: 38 (a) For pupils qualifying as eligible for free and reduced-price 39 meals pursuant to the National School Lunch Program, 42 U.S.C. 40 §§ 1751 et seq., an amount of $600 per school year per pupil: 41 (1) Attending a charter school on a full-time, in person 42 basis; and 43 – 5 – - *SB253* (2) Attending a charter school providing a program of 1 distance education, reduced proportionally by the number of days 2 each pupil is expected to not attend the charter school in person. 3 (b) For pupils not qualifying as eligible for free and reduced- 4 price meals pursuant to the National School Lunch Program, 42 5 U.S.C. §§ 1751 et seq., an amount of $300 per school year per 6 pupil: 7 (1) Attending a charter school on a full-time, in person 8 basis; and 9 (2) Attending a charter school providing a program of 10 distance education, reduced proportionally by the number of days 11 each pupil is expected to not attend the charter school in person. 12 4. If there is an insufficient amount of money in the Account 13 to fully fund the distributions projected to be made pursuant to 14 subsection 3 in any fiscal year, the Superintendent of Public 15 Instruction shall proportionally reduce the amount of all such 16 distributions. 17 5. The interest and income earned on money in the Account, 18 after deducting any applicable charges must be credited to the 19 Account. 20 6. Any money remaining in the Account at the end of a fiscal 21 year does not revert to the State General Fund, and the balance in 22 the Account must be carried forward to the next fiscal year. 23 7. As used in this section: 24 (a) “Charter school” does not include a charter school for 25 distance education as defined in NRS 388A.705. 26 (b) “Program of distance education” has the meaning ascribed 27 to it in NRS 388.829. 28 Sec. 5. 1. There is hereby created as a special revenue fund 29 in the State Treasury the State Public Charter School Facility 30 Fund to be administered by the Executive Director of the State 31 Public Charter School Authority. The tax collected pursuant to 32 subsection 3 of NRS 387.195 for the payment of interest and 33 redemption of outstanding bonds of a charter school and for 34 charter school facilities must be deposited in the State Treasury 35 for credit to the State Public Charter School Facility Fund. 36 2. All interest and income earned from the money in the 37 Fund must be credited to the Fund. 38 3. Claims against the Fund must be paid as other claims 39 against the State are paid. 40 4. Money in the Fund must be used to meet existing or future 41 obligations of the State and for the following purposes: 42 (a) Construction, design or purchase of new and existing 43 buildings for use by a public charter school, including, without 44 – 6 – - *SB253* limitation, teacherages, dormitories, dining halls, gymnasiums and 1 stadiums. 2 (b) Enlarging, remodeling or repairing existing buildings or 3 grounds for a public charter school, including, without limitation, 4 teacherages, dormitories, dining halls, gymnasiums and stadiums. 5 (c) Acquiring sites for building schools, or additional real 6 property for necessary purposes related to schools, including, 7 without limitation, playgrounds, athletic fields and sites for 8 stadiums. 9 (d) Renting or leasing a facility for the use of a charter school. 10 5. Any money disbursed from the Fund must be used for the 11 needs of charter schools in the county from which the tax revenue 12 was collected pursuant to subsection 3 of NRS 387.195 and 13 deposited into the Fund pursuant to subsection 1. 14 6. As used in this section, “charter school” does not include a 15 charter school for distan [Text truncated for display. Full text available on LegiScan.]