Request for waiver by school district, charter school or university school for profoundly gifted pupils from minimum expenditure requirements during economic hardship. [Parts of this section were replaced in revision in 2015 by NRS 387.2067.] [Effective through June 30, 2021.]

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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. 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; R 2019, 4253, effective July 1, 2021)


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