388.700 - Reduction of ratio in certain grades; request for variance required under certain circumstances; reports by State Board and Department; exception to requirements for charter schools and dist
388.700 Reduction of ratio in certain grades; request for variance required under certain circumstances; reports by State Board and Department; exception to requirements for charter schools and distance education.
1. Except as otherwise provided in this section, after the last day of the first month of the school year, the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:
(a) In kindergarten and grades 1, 2 and 3, must not exceed 15 to 1; or
(b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.
Ê 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, counselors, librarians, administrators, deans and specialists.
2. A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the last day of the first month of the school year to any existing class regardless of the number of pupils in the class.
3. Each school district that does not meet the ratio of pupils per class:
(a) Set forth in subsection 1;
(b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or
(c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,
Ê must request a variance from the State Board by providing a written statement that includes the reasons for the request and the justification for exceeding the applicable prescribed ratio of pupils per class.
4. The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.
5. The State Board shall, on or before February 1 of each odd-numbered year, report to the Legislature on:
(a) Each variance granted by it during the preceding biennium, including the specific justification for the variance.
(b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class 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, as applicable for the school district.
6. The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau:
(a) The number of teachers employed;
(b) The number of teachers employed in order to attain the ratio required by subsection 1;
(c) The number of pupils enrolled; and
(d) 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,
Ê 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, as applicable, for each school district.
7. The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
(Added to NRS by 1989, 2105; A 1993, 1362; 1995, 2820; 1999, 3312; 2001, 3157; 2005, 1264, 2161)