1. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the Legislature shall determine the statewide base per pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 or NRS 387.122. It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for the immediately preceding fiscal year, adjusted by inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year. If the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2.
2. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account, must be appropriated as established by law for each fiscal year of the biennium for the following purposes:
(a) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide food services and transportation for pupils and any other similar service that the Legislature deems appropriate.
(b) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide local funding to support pupils with disabilities.
(c) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide adjusted base per pupil funding for each pupil estimated to be enrolled in the school district.
(d) To each charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide:
(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or university school for profoundly gifted pupils; and
(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).
(e) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide additional weighted funding for each pupil estimated to be enrolled in the school district, charter school or university school for profoundly gifted pupils who is:
(1) An English learner;
(2) An at-risk pupil; or
(3) A gifted and talented pupil.
3. The adjusted base per pupil funding appropriated pursuant to paragraph (c) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the school district and the attendance area adjustment established pursuant to NRS 387.1218 which applies to each applicable area of the school district to the statewide base per pupil funding amount.
4. The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph (d) of subsection 2 for each charter school or university school for profoundly gifted pupils must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the charter school or university school and, if applicable, the attendance area adjustment established pursuant to NRS 387.1218 to the statewide base per pupil funding amount.
5. The weighted funding appropriated pursuant to paragraph (e) of subsection 2 must be established separately for each category of pupils identified in that paragraph and expressed as a multiplier to be applied to the statewide base per pupil funding amount determined pursuant to subsection 1. A pupil who belongs to more than one category of pupils or for whom a school district, charter school or university school for profoundly gifted pupils is eligible to receive the statewide multiplier pursuant to NRS 387.122 must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier or the statewide multiplier, whichever is larger. It is the intent of the Legislature that, to the extent practicable:
(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:
(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, in which event it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2; 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 funding the appropriations required by paragraphs (a) to (d), inclusive, of subsection 2, is insufficient to fund the multiplier for each category of pupils, in which event it is the intent of the Legislature that the remaining money in the State Education Fund 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;
(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for one or more other categories of pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists; and
(c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.
6. For any money identified in subsection 4 of NRS 362.170 which is deposited to the credit of the State Education Fund:
(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district.
(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.
7. The weighted funding appropriated pursuant to paragraph (e) of subsection 2:
(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and
(b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.
(Added to NRS by 2019, 4198; A 2021, 1105, 2919)
Structure Nevada Revised Statutes
Chapter 387 - Financial Support of School System
NRS 387.013 - State Permanent School Fund: Quarterly financial reports by State Controller.
NRS 387.015 - State Treasurer custodian of securities; liability on bond.
NRS 387.030 - Sources and distribution of State Education Fund.
NRS 387.035 - State Controller to keep separate accounts of money for schools.
NRS 387.040 - Disbursement of money for public schools.
NRS 387.045 - Restrictions on use of money for public schools.
NRS 387.049 - Required manner of administration of money.
NRS 387.069 - "Director" defined.
NRS 387.0693 - "National School Lunch Act" defined.
NRS 387.0695 - "Program" defined.
NRS 387.070 - "Program of nutrition" defined.
NRS 387.073 - "School Breakfast Program" defined.
NRS 387.090 - Powers of trustees of school districts and governing bodies of charter schools.
NRS 387.100 - Studies and appraisals.
NRS 387.114 - Legislative declaration.
NRS 387.117 - Annual report to Governor and Director of Legislative Counsel Bureau.
NRS 387.1213 - Education Stabilization Account: Creation; transfer of money; limitation on balance.
NRS 387.1215 - Establishment of cost adjustment factor for certain public schools in each county.
NRS 387.1216 - Establishment of method to calculate adjustment for necessarily small schools.
NRS 387.1218 - Establishment of attendance area adjustment.
NRS 387.122 - Establishment of statewide multiplier for pupils with disabilities.
NRS 387.1238 - Verification of reports of enrollment and attendance.
NRS 387.1245 - Emergency financial assistance: Conditions; procedures.
NRS 387.12463 - Commission on School Funding: Duties.
NRS 387.1247 - Creation of Account; acceptance of gifts and grants; use of money in Account.
NRS 387.1251 - "Teacher" defined.
NRS 387.131 - Distribution of money in Account.
NRS 387.163 - Local funds available for public schools; reserve of net proceeds of minerals.
NRS 387.170 - County school district fund: Creation; transfers.
NRS 387.175 - County school district fund: Composition.
NRS 387.177 - County school district buildings and sites fund: Creation; composition; expenditures.
NRS 387.2062 - Report concerning failure to comply with recommended minimum expenditure.
NRS 387.210 - Duties of county treasurer.
NRS 387.220 - Penalties for failure of county treasurer or county auditor to perform certain duties.
NRS 387.300 - Budgets: Preparation.
NRS 387.3039 - Duties of Department: Inspections of record books and accounts.
NRS 387.3045 - Report of decline in ending balance of general fund of school district.
NRS 387.305 - Medium-term obligations.
NRS 387.315 - Statements of purpose and invoices to accompany orders; liability of trustees.
NRS 387.319 - Authorized travel by trustee: Payment of travel and subsistence; claims.
NRS 387.320 - Quarterly publication of expenditures of school district.
NRS 387.325 - Limitation of actions on bills incurred by trustees.
NRS 387.3286 - Tax for fund for capital projects: Forms for submission of ballot question; examples.
NRS 387.332 - Duty of Nevada Tax Commission to review need for tax.
NRS 387.3326 - Imposition of tax upon approval of voters.
NRS 387.3328 - Deposit and use of proceeds of tax.
NRS 387.333 - Creation; acceptance of gifts and grants; investment; payment of claims.
NRS 387.400 - Limitation on bonded indebtedness of county school district.
NRS 387.513 - "Executive Director" defined.
NRS 387.519 - Conditions under which State Treasurer may enter into guarantee agreement.
NRS 387.524 - Guarantee agreement: Required contents; approvals required.
NRS 387.531 - Joint acquisition authorized; issuance of negotiable general obligation bonds.
NRS 387.551 - Joint operation and maintenance: Powers of districts.
NRS 387.561 - Interdistrict agreements and contracts.
NRS 387.571 - Powers, rights and benefits of officers, agents and employees of districts preserved.
NRS 387.591 - Liberal construction; other powers preserved.
NRS 387.602 - "Management principles" defined.
NRS 387.607 - Applicability to extent money is available.
NRS 387.618 - Establishment and duties of oversight committee to assist in process of review.
NRS 387.644 - Annual reporting by school districts exempt from review.
NRS 387.652 - Requirements to receive grant; application.