AB 266 — Revises provisions relating to class size. (BDR 34-704)

(ReprintedAssembly withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT A.B.

266266–Assemblywomen ABrittney SSEMBLYMiller Band ILLNAnderson O.CHAPTER..........

266–ASSEMBLYWOMEN BRITTNEY M ILLER AND A NDERSON M ARCH 15, 2021 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing class size.

(BDR 34-704) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law requires that the ratio of pupils per licensed teacher in certain Boardclasses ofnot Educationexceed iscertain requiredratios. to develop nonbinding recommendations for thete ratio of pupils per licensed teacher for kindergarten and grades 1 to 12, inclusive.

(NRS 388.890)388.700) SectionsUnder 1existing andlaw, 2the ofState thisBoard billof prohibitEducation administratorsis andrequired otherto licenseddevelop educationalnonbinding personnel,recommendations including,for withoutthe limitation,ratio counselors,of coachespupils andper speciallicensed educationteacher teachers,for whokindergarten may be present in a classroom but do not teach every pupil in the classroom and teachersgrades who1 areto not12, activelyinclusive. teaching during a teacher.

Sectionlicensed 3educational ofpersonnel, thisincluding, billwithout requireslimitation, thecounselors, boardcoaches ofand trusteesspecial ofeducation ateachers, schoolwho district,may tobe thepresent extentin thata moneyclassroom isbut available,do tonot determineteach theevery numberpupil ofin jobthe vacanciesclassroom inand theteachers schoolwho districtare basednot onactively theteaching numberduring ofa teachersclass thatperiod wouldfrom bebeing requiredcounted toin achievedetermining the ratio of pupils per licensed teacherteacher. recommended by the State Board.

Section 3 alsoof this bill requires the board of trustees of a school districtdistrict, to postthe onextent itsthat Internetmoney websiteis available, to determine the number of positionsjob vacancies in the schoolthe districtratio thatof arepupils heldper bylicensed full-timeteacher substitutesrecommended alternativeby routethe toState licensure.Board.

Section 3 also requires the board of trustees of a school district to post on its Internet website the number of positions in the school district that are held by full-time substitutes and teachers who are licensed or working towards obtaining a license through an alternative route to licensure.

- *AB266_R1* – 2 – Existing law requires the State Board to adopt regulations establishing a statewide performance evaluation system.

Under existing law, the statewidestatewideg a performance evaluation system must consider whether the classes for which an employee is responsible exceed the recommended ratio of pupils per licensednlicensed teacher.

(NRS 391.465) Section 4 of this bill requires a person who, under the statewide performance evaluation system, evaluates a teacher who is responsible for a class that exceeds the recommended ratio of pupils per licensed teacher to award the teacher additional weight on applicablecertain specified criteria.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

 In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, [and] counselors, librarians, administrators, deans , [and] specialists , [.] any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.

- *AB266_R1* – 3 – (a) Set forth in subsection 1;

or (c)- Defined81st bySession a(2021) legislatively– approved3 alternative– class-size reduction plan, if applicable to that school district, class-size  must request a variance for each such school for the next quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable, from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.

The State Board shall, on a quarterly basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding quarter and, if a variance was granted, an identification of each elementaryelementaryr school for which a variance was granted and the specific justification for the variance.

7.year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

- *AB266_R1* – 4 – (d) The number of pupils enrolled;

and - 81st Session (2021) – 4 – [(d)] (e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,  during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, asasin a plan applicable, for each school district.

and] set fortheach bytype theof licensingspecialized instructional support personnel;g body for teachers(d) andTake into account the licensingunique bodyneeds forof eachcertain typepupils, ofincluding, specializedwithout instructionallimitation, supportpupils personnel;who are English learners [.] ;

(d) Take into account the unique needs of certain pupils, including, without limitation, pupils who are English learners [.] ;

- *AB266_R1*81st Session (2021) – 5 – 4.

Not later than 30 days after the beginning of each school year, the board of trustees of each school district shall post on an Internet website maintained by the school district the ratio of pupils per licensed teacher that has been approved for each class in the district.dis5.

5.

(2) A school psychologist;

- 81st Session (2021) – 6 – 2.

The board of trustees of each school district shall post on the Internet website maintained by the school district the number of positions within the school district that are held by full-time - *AB266_R1* – 6 – substitute teachers and teachers licensed or working towards obtainingobt3.ninOn aor licensebefore throughFebruary an1 alternativeof routeeach even-numbered year, the board of trustees of each school district shall report to licensure.the Legislative Committee on Education the:

3.

On or before February 1 of each even-numbered year, the board of trustees of each school district shall report to the Legislative Committee on Education the:

The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance.

(b) Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed - 81st Session (2021) – 7 – the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect: