AB 398 — Revises provisions governing compensation for certain employees of public schools. (BDR 34-189)

(Deleted by amendment.) Sec.

5.

(Deleted by amendment.) Sec.

6.

(Deleted by amendment.) Sec.

7.

(Deleted by amendment.) Sec.

(b) Be used to support the educational needs of all pupils in the school district, including, without limitation, operating each public school in the school district, training and supporting educational personnel and carrying out any program or service established by, or requirement imposed pursuant to, this title for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 of NRS 387.1214 or NRS 387.122.387.122.agraph (a), 2.

2.If a school district determines that an additional amount of money is necessary to satisfy requirements for maintenance of effort or any other requirement under federal law for pupils with disabilities enrolled in the school district, the school district may transfer the necessary amount of money from the adjusted base per pupil funding received by the school district for that purpose.

If a school district determines that an additional amount of money is necessary to satisfy requirements for maintenance of effort - *AB398_R1* – 5 – or any other requirement under federal law for pupils with disabilities enrolled in the school district, the school district may transfer the necessary amount of money from the adjusted base per pupil funding received by the school district for that purpose.

Each public school shall account separately for the local funding for pupils with disabilities received by the public school pursuant to paragraph (b) of subsection 2 of NRS 387.1214, for the - 83rd Session (2025) – 5 – adjusted base per pupil funding received by the public school pursuant to paragraph (c) of subsection 2 of NRS 387.1214, for each category of weighted funding received by the public school pursuant to paragraph (e) of subsection 2 of NRS 387.1214 and for money receivedUnless from the statewideprovisions multiplierof pursuantsubsection to7 NRSor 387.122.8 impose greater7.122.

Unless the provisions of subsection 7 or 8 impose greater restrictions on the use of weighted funding by a public school, the public school must use the weighted funding received for each relevant pupil:

(4) The direct supervision of educational and supporting programs;program(5) The supplies and equipment needed for providing special education.

and (5) The supplies and equipment needed for providing special education.

- *AB398_R1* – 6 – 7.

A public school that receives weighted funding for one or more pupils who are English learners must use that weighted - 83rd Session (2025) – 6 – funding only to provide Zoom services and, if one or more English learners for whom the school received weighted funding in the English learner category also belong to one or more other categories of pupils who receive weighted funding, the additional services for eachwhich suchthe English learner whichbelongs.e are appropriate for each category to which9. the English learner belongs.

9.

(5) [Incentives] In a school district located in a county whose population is less than 700,000, incentives for hiring and retaining teachers and other licensed educational personnel who provide Victory services.

- *AB398_R1* – 7 – (8) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of at-risk pupils.

(1)- 83rd Session (2025) – 7 – (2) A prekindergartenreading programskills center.m provided free of charge.

(2) A reading skills center.

(6) A summer academy or, for those schools that do not operate on a traditional school calendar, an intersession academy provided free of charge, including, without limitation, the provision ofacademy.portation transportation to attend the summer academy or intersession academy.(7) An extended school day.

(7) An extended school day.

(a)the State for general, unrestricted uses will increase by a rate that is greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the rate of - 83rd Session (2025) – 8 – Economic Forum.e revenue collected by the State as projected by the (b) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increase by a rate that is not greater than the combined rate of inflation and the growth of - *AB398_R1* – 8 – enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increased by an amount not less than the combined rate of increaseinflation forand the revenuegrowth collectedof byenrollment in the Statepublic asschools projectedin bythis theState. Economic Forum.

(b)(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will increasedecrease, by a rate that is not greater than the combined rate of inflation and the growth of enrollment in the public schools in this State in the immediately preceding biennium, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium increaseddecreased by an amount not lessgreater than the combined rate of inflationdecrease andfor the growthrevenue ofcollected enrollmentby in the publicState schoolsas inprojected thisby State.the Economic Forum.

(c) If the Economic Forum projects that the revenue collected by the State for general, unrestricted uses will decrease, an amount of money in the State General Fund for transfer to the State Education Fund for the subsequent biennium which is not less than the amount of money transferred to the State Education Fund from the State General Fund for the immediately preceding biennium decreased by an amount not greater than the rate of decrease for the revenue collected by the State as projected by the Economic Forum.

(a) The statewide base per pupil funding amount, which must be equal to the statewide base per pupil funding amount for the immediately preceding biennium increased by an amount not less than the combined rate of inflation and the growth of enrollment in the public schools in this State unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the statewide base per pupil funding amount and the multiplier for each category of pupils pursuant to paragraph (b);

[and][and]plier for each category of pupils pursuant to (b) The multiplier for each category of pupils, which must not be less than the multiplier for the immediately preceding biennium unless:

- *AB398_R1* – 9 – (1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the immediately preceding biennium, in which event the Governor must recommend a proportional reduction to both the - 83rd Session (2025) – 9 – statewide base per pupil funding amount pursuant to paragraph (a) and the multiplier for each category of pupils;

or (2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after recommending the statewide base per pupil funding amountamountfter pursuant to paragraph (a), is insufficient to fund the multiplier for each category of pupils, in which event the Governor must recommend the remaining money in the State Education Fund, excluding the Education Stabilization Account, be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year [.] ;

As part of the proposed executive budget, the Governor may recommend to the Legislature a revision to any appropriation made by law pursuant to NRS 387.1214, including, without limitation, the statewide base per pupil funding amount, the adjusted base per pupil funding for any school district, the multiplier for weighted funding for any category of pupils or the creation or elimination of a category of pupils to receive additional weighted funding.

If the Governor includes in the proposed executive budget recommendations pursuant to this subsection, the recommendations must be accompanied by such recommendations for legislation as the - *AB398_R1* – 10 – Governor determines to be appropriate to improve the method by which funding for the public schools in this State is determined.

- 83rd Session (2025) – 10 – 6.

As used in this section, “rate of inflation” means the average percentage of increase or decrease in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding 3 calendar years or, if that index ceases to be published by the United States Department of Labor, the published index that most closelycloselyited resembles that index, as determined by the Governor.

(b) The sufficiency of current revenue and expenditures relating toexpendituresucatthatinareis public education in this State and the anticipated revenue and expenditures that are necessary tothetontimproved improvereveducational educational achievements and outcomes for pupils;

The Subcommittee may conduct investigations and hold hearings in connection with its functions and duties and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, - *AB398_R1*83rd Session (2025) – 11 – inclusive,at including,any withoutmeeting limitation,of the Subcommittee of:on, compelling the attendance at(a) anyThe meetingSuperintendent of thePublic SubcommitteeInstruction; of:

(a) The Superintendent of Public Instruction;

(a) The compensation provided for a majority of the Legislators duringdur(b) theThe firstper 60diem daysallowance ofprovided thefor precedingstate regularofficers session;and employees generally;

(b) The per diem allowance provided for state officers and employees generally;

(a) Submittal of a plan by the Department to distribute the money to school districts to provide compensation, in addition to base pay, for hard-to-fill positions in the public schools of this State;

The Department shall distribute the money allocated to the Department from the appropriation made by subsection 1 to school districts- in83rd accordanceSession with(2025) the– plan12 submitted– to the Interim Finance Committee pursuant to subsection 2.2.tted to the Interim 4.

- *AB398_R1* – 12 – 4.

Money distributed to a school district pursuant to subsection 3 is subject to collective bargaining, but may only be used to provide additional compensation for hard-to-fill positions in public schools.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

(II) A vacancy rate for teacher positions of 12 percent or more, if thet(III) schoolA isvacancy arate middlefor schoolteacher positions of 10 percent or juniormore, highif school;the school is an elementary school.

or (III) A vacancy rate for teacher positions of 10 percent or more, if the school is an elementary school.

and (II) Whose duties include actively teaching pupils during a class period, for the majority of class periods during the school day, in English language arts, mathematics, science or special education,- if83rd suchSession subjects(2025) are– suffering13 from– a critical labor shortage, as determined by the board of trustees of the schoolschoolr district.

- *AB398_R1* – 13 – (b) “Public school” does not include a public school that is formed pursuant to the provisions of chapter 388A of NRS.

The State Public Charter School Authority shall compile this informationinf(a) and,Submit notthe latercompiled thaninformation Julyto 15,the 2025:Interim Finance Committee.

(a) Submit the compiled information to the Interim Finance Committee.

(b) Estimate the total amount of money which the Authority will be authorized to distribute to each charter school for Fiscal Year 2026-2027 pursuant to subsection 7 and provide this information to each charter school.

(a)- Describes83rd theSession manner(2025) in– which14 money– distributed to the charter school will be allocated among the teachers and education support professionals employed by the charter school;

and (b) Provides for an increase in salary for teachers and education support professionals which does not replace or supplant any other form of compensation which was provided to teachers or education support professionals of the charter school before Fiscal Year - *AB398_R1* – 14 – 2025-2026 or which was bargained for or planned for Fiscal Year 2025-2026 or any succeeding fiscal year before the effective date of this section.

Money appropriated by subsection 1 may only be allocated to the State Public Charter School Authority by the Interim Finance Committee upon request by the Authority after the Authority has complied with the requirements of subsection 2 or 3, as applicable, and subsection 5.

(b) For Fiscal Year 2026-2027, $19,314,297 multiplied by a percentage which is the number of teachers and education support professionals employed by the charter school on October 1, 2025, expressed as a percentage of the total number of teachers and education support professionals employed in all of the charter schools in this State on October 1, 2025.2025.in all of the charter 8.

8.

10.- 83rd Session (2025) – 15 – charter school in this State that received a distribution from the money appropriated by subsection 1 during Fiscal Year 2025-2026 and Fiscal Year 2026-2027, respectively, shall submit a report to the State Public Charter School Authority which includes, without limitation:

On or before August 1, 2026, and August 1, 2027, each charter school in this State that received a distribution from the money appropriated by subsection 1 during Fiscal Year 2025-2026 and Fiscal Year 2026-2027, respectively, shall submit a report to the State Public Charter School Authority which includes, without limitation:

and - *AB398_R1* – 15 – (b) The actual increase to the salary of teachers and education support professionals employed by the charter school during the immediately preceding fiscal year and the amount of such an increase for which the money received pursuant to this section was spent.

On or before October 1, 2026, and October 1, 2027, the State Public Charter School Authority shall compile and submit to the Interim Finance Committee the reports received by the Authority pursuantfiscal toyear.subsection subsection 10 with respect to the immediately preceding fiscal12. year.

12.

(a) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the governing body of a charter school as a professional-technical employee.

- 83rd Session (2025) – 16 – (4) School counselors;

or - *AB398_R1* – 16 – (2) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils.

additional1. compensation funded pursuant to section 8.5 of this actg during the then-current school year;

The total number of teachers in the school district receiving additional compensation funded pursuant to section 8.5 of this act during the then-current school year;

H~~~~~ 25 - *AB398_R1*83rd Session (2025)