[Rev. 5/26/2016 10:43:59 AM--2015]

SCHOOL DISTRICTS

CLARK COUNTY SCHOOL DISTRICT REORGANIZATION ACT

Chapter 543, Statutes of Nevada 2015

AN ACT relating to education; creating an advisory committee and technical advisory committee for the purpose of developing a plan to reorganize the Clark County School District into certain local school precincts; providing for the membership, compensation and duties of the committees; requiring the State Board of Education to adopt regulations providing for the implementation of the plan; and providing other matters properly relating thereto.

[Approved: June 11, 2015]

(Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada)

      Whereas, The system of public education in Nevada is organized by county school districts, the boundaries of which are coterminous with the boundaries of this State; and

      Whereas, Recent statistics indicate that the Clark County School District is ranked as the fifth school district in the nation with the highest enrollment of pupils and the seventh largest by area in the continental United States, covering over 8,000 square miles; and

      Whereas, The Clark County School District, with a pupil enrollment of approximately 315,000 pupils, accounts for 70 percent of the pupils who are enrolled in the public schools of this State; and

      Whereas, The unique geography of this State has resulted in the concentration of some schools and pupils at locations that are considerably distant and remote from the centralized administrative offices of the various school districts; and

      Whereas, Allowing smaller school districts to consolidate services, functions and personnel could result in cost effective savings and provide more accessibility for pupils and parents who reside in remote areas of this State; and

      Whereas, Reconfiguring the structure of the Clark County School District into local school precincts will offer an educational system that is responsive to the needs and concerns of the residents of that school district; and

      Whereas, The plan to develop local school precincts will take a considerable amount of time and study to ensure the plan is designed in a manner that benefits the residents of the Clark County School District; now, therefore,

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

      Sec. 21.  Definitions.  As used in sections 21 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 22, 23 and 24 of this act have the meanings ascribed to them in those sections. § 21

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 22.  “Advisory committee” defined.  “Advisory committee” means the advisory committee created by section 25 of this act.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 23.  “Plan” defined.  “Plan” means the plan required by paragraph (a) of subsection 1 of section 25 of this act.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 24.  “Technical advisory committee” defined.  “Technical advisory committee” means the technical advisory committee created by section 26 of this act.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 24.5.  Legislative findings and declarations.  The Legislature hereby finds and declares that a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities provided in sections 21 to 29, inclusive, of this act because of the number of atypical factors and special conditions relating to the Clark County School District.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 25.  Advisory committee: Creation; duties; membership; Chair and Vice Chair; quorum; vacancies; members serve without compensation; members entitled to per diem allowance and travel expenses.

      1.  There is hereby created an advisory committee to:

      (a) Develop a plan and recommendations to reorganize the Clark County School District into local school precincts not later than the 2018-2019 school year.

      (b) Study the distribution of federal, state and local funds and the impact of local school precincts on public school financing.

      2.  The advisory committee consists of nine members appointed as follows:

      (a) Four members of the Senate who are elected from districts which include any area located within Clark County, two of whom are appointed by the Majority Leader of the Senate and two of whom are appointed by the Minority Leader of the Senate.

      (b) Four members of the Assembly who are elected from districts which include any area located within Clark County, two of whom are appointed by the Speaker of the Assembly and two of whom are appointed by the Minority Leader of the Assembly.

      (c) One Legislator appointed by the Legislative Commission who is elected from a district which includes any area located within Clark County.

      3.  At the first meeting of the advisory committee, the advisory committee shall elect a Chair and a Vice Chair from among its members.

      4.  A majority of the members of the advisory committee constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the advisory committee.

      5.  A vacancy in the membership of the advisory committee must be filled in the same manner as the original appointment.

      6.  Members of the advisory committee serve without compensation, except that a member is entitled, while engaged in the business of the advisory committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 26.  Technical advisory committee: Creation; Chair and Vice Chair; members serve without compensation; members entitled to per diem allowance and travel expenses.

      1.  To assist the advisory committee with technical expertise, input, advice and assistance, a technical advisory committee is hereby created consisting of the following members:

      (a) One member appointed by the governing body of each incorporated city located within Clark County.

      (b) One member appointed by the Governor.

      (c) One member appointed by the State Board of Education.

      (d) One member appointed by the Board of Trustees of the Clark County School District.

      (e) One member appointed by the Board of County Commissioners of Clark County.

      (f) One member appointed by the Legislative Commission from a list of recommendations made by the Clark County Education Association.

      (g) One member appointed by the Legislative Commission from a list of recommendations made by the Urban Chamber of Commerce.

      (h) One member appointed by the Legislative Commission from a list of recommendations made by the Latin Chamber of Commerce, Nevada Inc.

      (i) One member who is a parent or guardian of a pupil enrolled in the Clark County School District appointed by the Legislative Commission from a list of recommendations made by the Nevada Parent Teacher Association.

      (j) One member appointed by the Legislative Commission from a list of recommendations made by the Las Vegas Asian Chamber of Commerce.

      (k) Any other persons who have knowledge, experience or expertise in the matters before the advisory committee, appointed by the Chair of the advisory committee.

      2.  At the first meeting of the technical advisory committee, the technical advisory committee shall elect a Chair and a Vice Chair from among its members.

      3.  The members of the technical advisory committee serve without compensation, except that a member is entitled, while engaged in the business of the technical advisory committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Ch. 543, Stats. 2015 p. 3847)

      Sec. 27.  Development of plan; requirements.

      1.  The advisory committee shall, in consultation with the technical advisory committee and to the extent money is available pursuant to subsection 2 and from any gifts or grants received for this purpose:

      (a) Contract with a qualified independent consultant to perform a study and assist the advisory committee with:

             (1) Developing the plan required by paragraph (a) of subsection 1 of section 25 of this act; and

             (2) Studying the distribution of federal, state and local funds and the impact of local school precincts on public school financing.

      (b) As soon as practicable, establish benchmarks that must be met within the Clark County School District to ensure that the plan may be implemented not later than the 2018-2019 school year.

      2.  The advisory committee may request approval from the Interim Finance Committee for an allocation of money to conduct the plan and the study required pursuant to paragraph (a) of subsection 1.

      3.  The plan and the study conducted pursuant to paragraph (a) of subsection 1 must be completed on or before January 1, 2017.

      4.  In developing the plan to reorganize the Clark County School District, the advisory committee must:

      (a) Ensure equity in the reorganization of the Clark County School District with respect to the Nevada Plan.

      (b) Take into consideration:

             (1) The contiguous boundaries of each proposed local school precinct.

             (2) The allocation, dedication and transfer of any revenue to a local school precinct that may be dedicated to capital projects and improvements for schools and school facilities, school programs, pupils or other costs directly incidental to the operation, management and administration of the local school precinct.

             (3) The authority to issue bonds or otherwise raise revenue.

             (4) The application for and receipt of any grant, gift or bequest.

             (5) The creation and administration of accounts to manage any money received by a local school precinct.

             (6) The transfer of any interest in real or personal property, including, without limitation, lease agreements.

             (7) Precinct planning and management, including, without limitation, financial planning for school programs, pupil funding and capital projects and improvements.

             (8) Administrative support, including, without limitation, accounting, data processing, payroll and purchasing agreements.

             (9) The liability of a local school precinct with respect to any duties and obligations of the Board of Trustees of the Clark County School District which will be assumed by the governing body of a precinct.

             (10) The civil and administrative liability of a local school precinct and its employees.

             (11) Interlocal agreements between a local school precinct and a state, county or regional planning authority.

             (12) Staffing, including, without limitation, the transfer, reassignment or hiring of personnel.

             (13) Employment contracts and collective bargaining.

             (14) Employee and pupil safety.

             (15) The maintenance of schools, school facilities and school grounds.

             (16) Transportation.

             (17) Interscholastic athletics and activities.

             (18) Curriculum.

             (19) The provision of services and education to pupils:

                   (I) Who have limited proficiency in the English language.

                   (II) Who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.

                   (III) With disabilities.

             (20) The composition of the governing body for each local school precinct and the compensation, if any, of the members of a governing body.

      (c) Ensure that the Clark County School District is funded in accordance with the Nevada Plan and that such funding is distributed on a per pupil basis among the local school precincts created by the plan.

      (d) Authorize one or more local school precincts to consider and agree with the Clark County School District to share in any bonding capacity of the District and to otherwise raise revenue.

      5.  As used in this section, “Nevada Plan” means the formula created for providing state financial aid to public education prescribed in NRS 387.121.

      (Ch. 543, Stats. 2015 p. 3848)

      Sec. 28.  Public meetings concerning proposed plan; revision of plan; filing and submission of plan; regulations.

      1.  Upon completion of the preliminary findings and the proposed plan prepared pursuant to subparagraph (1) of paragraph (a) of subsection 1 of section 27 of this act, the Board of County Commissioners of Clark County shall conduct not less than six public meetings. Not less than one of the public meetings conducted pursuant to this section must be held in an unincorporated area of Clark County.

      2.  At each public meeting conducted pursuant to this section, the advisory committee and the consultant retained pursuant to paragraph (a) of subsection 1 of section 27 of this act shall present the preliminary findings and the proposed plan prepared pursuant to subparagraph (1) of paragraph (a) of subsection 1 of section 27 of this act for the purpose of receiving public comment and input.

      3.  Upon completion of the public meetings conducted pursuant to this section, the advisory committee shall:

      (a) Revise the proposed plan, as necessary;

      (b) File the proposed plan with the State Board of Education and the Board of Trustees of the Clark County School District; and

      (c) Submit a copy of the proposed plan to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

      4.  The State Board of Education shall adopt regulations necessary and appropriate to effectuate the implementation of the proposed plan not later than the 2018-2019 school year. The plan must not be implemented until the regulations are adopted and become effective.

      (Ch. 543, Stats. 2015 p. 3849)

      Sec. 28.3.  Issuance of proclamation by Governor upon implementation of plan.  Upon notice from the State Board of Education that the plan developed pursuant to sections 21 to 29, inclusive, of this act has been implemented, the Governor shall issue a proclamation to that effect.

      (Ch. 543, Stats. 2015 p. 3850)

      Sec. 28.5.  Report of results of study of distribution of certain funds and impact of local school precincts on public school financing.  The advisory committee shall submit a report of the results of the study required by paragraph (b) of subsection 1 of section 25 of this act and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 79th Session of the Nevada Legislature.

      (Ch. 543, Stats. 2015 p. 3850)

      Sec. 29.  Appointment of members of committees; Chair of advisory committee required to convene first meeting of technical advisory committee.  The members of the advisory committee and the technical advisory committee must be appointed on or before January 1, 2016. The Chair of the advisory committee shall convene the first meeting of the technical advisory committee.

      (Ch. 543, Stats. 2015 p. 3850)