Nevada § 387.12455 - Reservation of money for transfer to State Education Fund; inclusion of recommendations concerning education funding in proposed executive budget

§ 387.12455. Reservation of money for transfer to State Education Fund; inclusion of recommendations concerning education funding in proposed executive budget

1. Except as otherwise provided in subsection 5, for the purpose of establishing budgetary

estimates for expenditures and revenues for the State Education Fund as prescribed

by the State Budget Act, the Governor shall, to the extent practicable, ensure that

an amount of money in the State General Fund is reserved in the proposed executive

budget for transfer to the State Education Fund which is sufficient to fully fund: (a) If the Economic Forum projects that the revenue collected by 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 increase for the revenue collected by the State as projected by the Economic Forum. (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 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 inflation and the growth of enrollment in the public schools in this State. (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. 2. Except as otherwise provided in subsection 5, as part of the proposed executive

budget, the Governor shall, to the extent practicable, include recommendations for: (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 (b) The multiplier for each category of pupils, which must not be less than the multiplier

for the immediately preceding biennium unless: (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 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 amount 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. 3. When determining the amount of money to reserve for transfer from the State General

Fund to the State Education Fund pursuant to subsection 1, the Governor shall consider

the recommendations of the Commission, as revised by the Joint Interim Standing Committee

on Education, if applicable, for an optimal level of funding for education and may

reserve an additional amount of money for transfer to the State Education Fund that

the Governor determines to be sufficient to fund any recommendation or any portion

of a recommendation that the Governor includes in the proposed executive budget. 4. 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. The Governor may recommend additional funding for any recommendation made pursuant

to this subsection. 5. If the Governor determines that it would be impracticable to prepare the proposed

executive budget as described in subsection 1 or 2, the Governor may instead include

in the proposed executive budget a recommendation for such funding for the public

schools in this State as he or she determines to be appropriate. 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 Governor determines to be appropriate to improve the method

by which funding for the public schools in this State is determined. 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 closely resembles that index, as determined by the Governor.