Nevada § 387.1244 - Superintendent of Public Instruction authorized to make deductions from apportionment otherwise payable; grounds; appeal to State Board

§ 387.1244. Superintendent of Public Instruction authorized to make deductions from apportionment otherwise payable; grounds; appeal to State Board

1. The Superintendent of Public Instruction may deduct from an apportionment otherwise

payable to a school district, charter school or university school for profoundly gifted

pupils pursuant to subsection 1 or 2 of NRS 387.124 if the school district, charter school or university school: (a) Fails to repay an amount due pursuant to subsection 3 of NRS 387.1243 . The amount of the deduction from the monthly apportionment must correspond to the

amount due. (b) Fails to repay an amount due the Department as a result of a determination that

an expenditure was made which violates the terms of a grant administered by the Department. The amount of the deduction from the monthly apportionment must correspond to the

amount due. (c) Pays a claim determined to be unearned, illegal or unreasonably excessive as a

result of an investigation conducted pursuant to NRS 387.3037 . The amount of the deduction from the monthly apportionment must correspond to the

amount of the claim which is determined to be unearned, illegal or unreasonably excessive. More than one deduction from an apportionment otherwise payable to a school district,

charter school or university school for profoundly gifted pupils may be made pursuant

to this subsection if grounds exist for each such deduction. 2. The Superintendent of Public Instruction may authorize the withholding of the entire

amount of an apportionment otherwise payable to a school district, charter school

or university school for profoundly gifted pupils pursuant to subsection 1 or 2 of NRS 387.124 , or a portion thereof, if the school district, charter school or university school

for profoundly gifted pupils fails to submit a report or other information that is

required to be submitted to the Superintendent, State Board or Department pursuant

to a statute. Before authorizing a withholding pursuant to this subsection, the Superintendent

of Public Instruction shall provide notice to the school district, charter school

or university school for profoundly gifted pupils of the report or other information

that is due and provide the school district, charter school or university school with

an opportunity to comply with the statute. Any amount withheld pursuant to this subsection must be accounted for separately

in the State Education Fund and must be carried forward to the next fiscal year. 3. If, after an amount is withheld pursuant to subsection 2, the school district,

charter school or university school for profoundly gifted pupils subsequently submits

the report or other information required by a statute for which the withholding was

made, the Superintendent of Public Instruction shall immediately authorize the payment

of the amount withheld to the school district, charter school or university school

for profoundly gifted pupils. 4. A school district, charter school or university school for profoundly gifted pupils

may appeal to the State Board a decision of the Superintendent of Public Instruction

to deduct or withhold from an apportionment pursuant to this section. The Secretary of the State Board shall place the subject of the appeal on the agenda

of the next meeting for consideration by the State Board.