NRS387.2065. Request for waiver by school district, charter school or university school for profoundly gifted pupils from minimum expenditure requirements during economic hardship.

      1.  The board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that experiences an economic hardship may submit a written request to the Department on a form prescribed by the Department for a waiver of all or a portion of the amount of money the school district, charter school or university school is required to expend for textbooks, instructional supplies, instructional software and instructional hardware pursuant to NRS 387.206 for the fiscal year.

      2.  Upon receipt of a written request pursuant to subsection 1, the Department shall consider the request and determine whether an economic hardship exists for the school district, charter school or university school for profoundly gifted pupils. The Department may request additional information from the applicant in making the determination. If the Department determines that an economic hardship exists for the applicant, the Department shall forward the request to the Interim Finance Committee and the State Board of Examiners, including the basis for its determination and any recommendations of the Department for the amount of a waiver.

      3.  Upon receipt of a written request from the Department pursuant to subsection 2, the State Board of Examiners shall consider the request and determine whether an economic hardship exists for the school district, charter school or university school for profoundly gifted pupils. If the State Board of Examiners determines that an economic hardship exists, it shall determine whether the hardship justifies a waiver of all or a portion of the expenditure requirements established for that school district, charter school or university school for the fiscal year pursuant to NRS 387.206. The State Board of Examiners may request additional information from the applicant in making the determination. If the State Board of Examiners determines that an economic hardship exists for the applicant and that a waiver from all or a portion of the expenditure requirements is justified, the State Board of Examiners shall forward the request to the Interim Finance Committee, including the basis for its determination and its recommendation for the amount of the waiver. The Interim Finance Committee is not bound to follow the recommendations of the State Board of Examiners.

      4.  Upon receipt of a written request from the State Board of Examiners pursuant to subsection 3, the Interim Finance Committee shall consider the request and determine whether an economic hardship exists for the school district, charter school or university school for profoundly gifted pupils. If the Interim Finance Committee determines that an economic hardship exists, it shall determine whether the hardship justifies a waiver of all or a portion of the expenditure requirements established for that school district, charter school or university school for the fiscal year pursuant to NRS 387.206. The Interim Finance Committee may request additional information from the applicant in making the determination. If the Interim Finance Committee grants a waiver, the Committee shall by resolution set forth the:

      (a) Grounds for its determination;

      (b) Amount of the waiver; and

      (c) Period for which the waiver is effective.

      5.  The board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that is granted a waiver by the Interim Finance Committee pursuant to this section shall, upon expiration of the period for which the waiver is granted, provide a written accounting to the Interim Finance Committee and the Department that includes a:

      (a) Reconciliation of the revenue and expenditures with the projections of revenue and expenditures that were used to determine whether an economic hardship existed for the school district, charter school or university school; and

      (b) Description of how the money from the waiver was used.

      6.  If the Interim Finance Committee grants a waiver pursuant to this section and subsequently the economic hardship to the school district, charter school or university school for profoundly gifted pupils is mitigated because the actual revenue attributable to the school district, charter school or university school exceeds projections or the actual expenses incurred by the school district, charter school or university school are less than anticipated:

      (a) The amount of the waiver must be reduced accordingly by the school district, charter school or university school; and

      (b) The amount of money the school district, charter school or university school is required to expend for textbooks, instructional supplies, instructional software and instructional hardware in the next fiscal year, as determined pursuant to subsection 1 of NRS 387.206, must be adjusted accordingly.

      7.  If a school district, charter school or university school for profoundly gifted pupils is granted a waiver pursuant to this section, the money that would have otherwise been expended by the school district, charter school or university school for profoundly gifted pupils to meet the requirements of NRS 387.206 for the fiscal year:

      (a) May not be considered as financial ability to pay for the purposes of negotiation or arbitration regarding salaries and benefits.

      (b) Must not be used to settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district, charter school or university school and the school district, charter school or university school.

      (c) Must not be used to adjust the schedules of salaries and benefits of the employees of the school district, charter school or university school.

      8.  For purposes of this section, an economic hardship exists for a school district, charter school or university school for profoundly gifted pupils if:

      (a) Projections of revenue do not meet or exceed the revenue anticipated at the time the basic support guarantees are established for the fiscal year pursuant to NRS 387.122; or

      (b) The school district, charter school or university school for profoundly gifted pupils incurs unforeseen expenses, including, without limitation, expenses related to a natural disaster.

      (Added to NRS by 2009, 907)