Nevada Code § 387.12455

Reservation of money for transfer to State Education Fund; inclusion of recommendations concerning education funding in proposed executive budget. [Effective through September 30, 2026.]
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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.
NRS 387.12455 Reservation of money for
transfer to State Education Fund; inclusion of recommendations concerning
education funding in proposed executive budget. [Effective October 1, 2026.]
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);
(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; and
(c) The amount of money to appropriate to the
Department to make awards to school districts pursuant to NRS 387.900 .
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.

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