NRS387.206. Required minimum expenditure by school districts, charter schools and university schools for profoundly gifted pupils for textbooks, instructional supplies, instructional software and instructional hardware; reduction in basic support for failure to comply.

      1.  On or before July 1 of each year, the Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall determine the combined minimum amount of money required to be expended during that fiscal year for textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils. The amount must be determined by increasing the amount that was established for the Fiscal Year 2004-2005 by the percentage of the change in enrollment between Fiscal Year 2004-2005 and the fiscal year for which the amount is being established, plus any inflationary adjustment approved by the Legislature after Fiscal Year 2004-2005.

      2.  The Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district, charter school and university school for profoundly gifted pupils is required to expend each fiscal year for textbooks, instructional supplies, instructional software and instructional hardware. The sum of all of the minimum amounts determined pursuant to this subsection must be equal to the combined minimum amount determined pursuant to subsection 1. The formula must be used only to develop expenditure requirements and must not be used to alter the distribution of money for basic support to school districts, charter schools or university schools for profoundly gifted pupils.

      3.  Upon approval of the formula pursuant to subsection 2, the Department shall provide written notice to each school district, charter school and university school for profoundly gifted pupils within the first 30 days of each fiscal year that sets forth the required minimum combined amount of money that the school district, charter school and university school for profoundly gifted pupils must expend for textbooks, instructional supplies, instructional software and instructional hardware for that fiscal year. If a school district, charter school or university school for profoundly gifted pupils is granted a waiver pursuant to NRS 387.2065, the Department shall provide written notice to the school district, charter school or university school within 30 days after the Interim Finance Committee grants the waiver setting forth the revised amount of money that the school district, charter school or university school must expend for textbooks, instructional supplies, instructional software and instructional hardware for the fiscal year.

      4.  On or before January 1 of each year, the Department shall determine whether each school district, charter school and university school for profoundly gifted pupils has expended, during the immediately preceding fiscal year, the required minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 3. In making this determination, the Department shall use the report submitted by:

      (a) The school district pursuant to NRS 387.303.

      (b) The charter school pursuant to NRS 386.600.

      (c) The university school for profoundly gifted pupils pursuant to NRS 392A.073.

      5.  Except as otherwise provided in subsection 6, if the Department determines that a school district, charter school or university school for profoundly gifted pupils, as applicable, has not expended the required minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 3, a reduction must be made from the basic support allocation otherwise payable to that school district, charter school or university school for profoundly gifted pupils, as applicable, in an amount that is equal to the difference between the actual combined expenditure for textbooks, instructional supplies, instructional software and instructional hardware and the minimum required combined expenditure set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 3. A reduction in the amount of the basic support allocation pursuant to this subsection:

      (a) Does not reduce the amount that the school district, charter school or university school for profoundly gifted pupils, as applicable, is required to expend on textbooks, instructional supplies, instructional software and instructional hardware in the current fiscal year; and

      (b) Must not exceed the amount of basic support that was provided to the school district, charter school or university school for profoundly gifted pupils, as applicable, for the fiscal year in which the minimum expenditure amount was not satisfied.

      6.  If the actual enrollment of pupils in a school district, charter school or university school for profoundly gifted pupils is less than the enrollment included in the projections used in the biennial budget of the school district submitted pursuant to NRS 387.303, the budget of the charter school submitted pursuant to NRS 386.600 or the report of the university school for profoundly gifted pupils submitted pursuant to NRS 392A.073, as applicable, the required expenditure for textbooks, instructional supplies, instructional software and instructional hardware pursuant to this section must be reduced proportionately.

      (Added to NRS by 2003, 20th Special Session, 202; A 2009, 475, 908, 939)