Bill > SB224

Introduced Session

Legislative Counsel's Digest: Existing law authorizes a local government employer, which includes a large 1 school district, to enter into a collective bargaining agreement with an employee 2 organization and requires the employer to negotiate in good faith concerning certain 3 subjects. (NRS 288.060, 288.150, 388G.530) Existing law also requires the 4 superintendent of a large school district to transfer to each local school precinct the 5 authority to select the teachers, administrators other than the principal and other 6 staff that work under the direct supervision of the principal of the local school 7 precinct. (NRS 388G.610) 8 This bill prohibits such a transfer of authority from being construed to affect or 9 impair the authority of the large school district to negotiate, or its duty to comply 10 with, provisions of a collective bargaining agreement between the large school 11 district and an employee organization that establish certain procedures concerning 12 the transfer or reassignment of employees in a surplus situation. This bill 13 establishes that a surplus situation occurs when the services of one or more 14 employees are no longer needed at their current worksite on a temporary or 15 permanent basis due to: (1) a change in enrollment of pupils; (2) a change in a 16 pupil-staff allocation formula; or (3) a change in academic needs of certain pupils. 17 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 388G.610 is hereby amended to read as 1 follows: 2 388G.610 1. Except as otherwise provided in this section, the 3 superintendent shall transfer authority to each local school precinct 4 to carry out responsibilities in accordance with this section and the 5 plan of operation approved for the local school precinct. 6 2. The superintendent shall transfer to each local school 7 precinct the authority to carry out the following responsibilities: 8 (a) Select for the local school precinct the: 9 (1) Teachers; 10 (2) Administrators other than the principal; and 11 (3) Other staff who work under the direct supervision of the 12 principal. 13 (b) Direct the supervision of the staff of the local school 14 precinct, including, without limitation, taking any necessary 15 disciplinary action which does not involve a violation of law or 16 which does not require an investigation to comply with the law. 17 (c) Procure such equipment, services and supplies as the local 18 school precinct deems necessary or advisable to carry out the plan of 19 operation for the local school precinct. Equipment, services and 20 supplies may be procured from the large school district in which the 21 local school precinct is located or elsewhere, but such procurement 22 must be carried out in accordance with the applicable policies of the 23 large school district. 24 (d) Develop a balanced budget for the local school precinct for 25 the use of the money allocated to the local school precinct, which 26 must include, without limitation, the manner in which to expend any 27 money not used for the purposes described in paragraphs (a), (b) and 28 (c). 29 (e) Any other responsibility for which authority is transferred 30 pursuant to subsection 7. 8. 3. The transfer of authority in subsection 2 must not be 32 construed to affect or impair the authority of a large school 33 district to negotiate, or its duty to comply with, the provisions of a 34 collective bargaining agreement between the large school district 35 and an employee organization that establish procedures for the 36 transfer or reassignment of employees in a surplus situation, 37 including, without limitation, those provisions that provide to 38 affected employees certain placement rights. 39 4. Except as otherwise provided in subsection 7, 8, a large 40 school district shall remain responsible for paying for and carrying 41 out all other responsibilities necessary for the operation of the local 42 school precincts and the large school district which have not been 1 transferred to the local school precincts pursuant to subsection 2, 2 including, without limitation, responsibility for: 3 (a) Negotiating the salaries, benefits and other conditions of 4 employment of administrators, teachers and other staff necessary for 5 the operation of the local school precinct; 6 (b) Transportation services; 7 (c) Food services; 8 (d) Risk management services; 9 (e) Financial services, including payroll services; 10 (f) Qualifying employees for any position within the large 11 school district; 12 (g) Services to promote and ensure equity and diversity; 13 (h) Services to ensure compliance with all laws relating to civil 14 rights; 15 (i) Identification, evaluation, program placement, pupil 16 assignment and other services provided to pupils pursuant to the 17 Individuals with Disabilities Education Act, 20 U.S.C. 1400 et 18 seq., and the regulations adopted pursuant thereto, or pursuant to 19 section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and 20 the regulations adopted pursuant thereto; 21 (j) Legal services; 22 (k) Maintenance and repair of buildings; 23 (l) Maintenance of the grounds of the local school precinct; 24 (m) Custodial services; 25 (n) Implementation of the master plan developed for English 26 learners; 27 (o) Internal audits; 28 (p) Information technology services; 29 (q) Police services; 30 (r) Emergency management services; 31 (s) Carrying out state mandated assessments and accountability 32 reports; 33 (t) Capital projects; and 34 (u) Utilities. 35 4. 5. To the greatest extent possible, the principal of a local 36 school precinct shall select teachers who are licensed and in good 37 standing before selecting substitutes to teach at the local school 38 precinct. The principal, in consultation with the organizational team, 39 shall make every effort to ensure that effective licensed teachers are 40 employed at the local school precinct. 41 5. 6. If a large school district is unable to provide any 42 necessary maintenance or repair of the buildings or grounds of a 43 local school precinct in a timely manner, the large school district 44 must, at the expense of the large school district, procure any 45 equipment, services and supplies necessary from another entity or 1 business to provide such maintenance or repair for the local school 2 precinct or take any other necessary action. 3 6. 7. To the extent that any member of the staff of central 4 services is assigned to provide services at a local school precinct on 5 a temporary or permanent basis, the decision regarding the 6 assignment and any subsequent reassignment of the member of the 7 staff must be made in consultation with the principal of the local 8 school precinct and the school associate superintendent. 9 7. 8. On or before January 15 of each year, the 10 superintendent shall determine, in consultation with the principals, 11 school associate superintendents and organizational teams of each 12 local school precinct, any additional authority that is not listed in 13 subsection 2 to recommend transferring to one or more local school 14 precincts. Such authority may include the authority to carry out any 15 of the responsibilities listed in subsection 3 4 which is not 16 prohibited by law, other than the responsibility for capital projects, 17 if it is determined that transferring the authority will serve the best 18 interests of the pupils. The recommendation to transfer authority to 19 one or more local school precincts must be submitted for approval 20 by the board of trustees of the large school district. The board of 21 trustees of the large school district shall consider such a 22 recommendation and determine whether to approve the transfer of 23 additional authority at its next regularly scheduled meeting if 24 submitted within 5 working days before the next regularly scheduled 25 meeting and otherwise the recommendation shall be considered at 26 the following meeting. 27 8. 9. If the authority to carry out any responsibility is 28 transferred to a local school precinct pursuant to subsection 7, 8, 29 the large school district must allocate additional money to the local 30 school precinct in an amount equal to the amount that would 31 otherwise be paid by the large school district to carry out the 32 responsibility. 33 10. As used in this section, surplus situation means an 34 event that occurs when the services of one or more employees are 35 no longer needed at their current worksite on a temporary or 36 permanent basis, due to: 37 (a) A change in pupil enrollment in the large school district, 38 an area of the large school district or one or more local school 39 precincts; 40 (b) A change in a pupil-staff allocation formula; or 41 (c) A change in academic needs of pupils throughout the large 42 school district, in an area of the large school district or in one or 43 more local school precincts. 44 Sec. 2. This act becomes effective on July 1, 2021. 1

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Dallas Harris (D)*, 

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

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