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- 83rd Session (2025)
Assembly Bill No. 155–Assemblymembers La Rue
Hatch, Anderson, Carter, Miller; and Hunt
CHAPTER..........
AN ACT relating to public employees; revising the scope of the
mandatory subjects of collective bargaining to include the
ratio of pupils per licensed teacher for each classroom and
the ratio of pupils per each type of specialized instructional
support personnel in public schools; revising the requirement
that a school district consider the recommendations
developed by the State Board of Education when establishing
the ratio of pupils per licensed teacher and specialized
instructional support personnel; revising provisions
concerning the development of a plan to improve set ratios of
pupils to specialized instructional support personnel in
certain school districts; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law sets forth the mandatory subjects of bargaining that are subject to
negotiation with a recognized employee organization for the purposes of a
collective bargaining agreement. (NRS 288.150) Section 1 of this bill revises the
scope of mandatory subjects of bargaining to include the ratio of pupils per licensed
teacher for ea ch classroom and the ratio of pupils per each type of specialized
instructional support personnel in public schools.
Existing law requires the board of trustees of each school district to consider
the recommendations developed by the State Board of Educat ion when establishing
the ratio of pupils per licensed teacher or specialized instructional support
personnel in the school district. (NRS 388.890) Section 2 of this bill creates an
exception to this requirement for when a school district is bound to a rat io of pupils
per licensed teacher or specialized instructional support personnel set by a
collective bargaining agreement. Section 3 of this bill makes conforming changes
to a provision relating to the development of a plan to improve the set ratio of
pupils to specialized instructional support personnel in certain school districts.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.150 is hereby amended to read as follows:
288.150 1. Except as otherwise provided in subsection 6 and
NRS 354.6241, every local government employer shall negotiate in
good faith through one or more representatives of its own choosing
concerning the mandatory subjects of bargaining set forth in
subsection 2 with the designated representatives of the recognized
employee organization, if any, for each appropriate bargaining unit
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among its employees. If either party so requests, agreements reached
must be reduced to writing.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary
compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hour s of work required of an employee on each
workday or workweek.
(h) Total number of days’ work required of an employee in a
work year.
(i) Except as otherwise provided in subsections 8 and 11,
discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining
unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from
discrimination because of participation in recognized employee
organizations consistent with the provisions of this chapter.
(n) No-strike provisions consistent with the provisions of this
chapter.
(o) Grievance and arbitration procedures for resolution of
disputes relating to interpretation or application of collec tive
bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety of the employee.
(s) Teacher preparation time.
(t) Materials and supplies for classrooms.
(u) Except as otherwise provided in subsections 9 and 11, the
policies for the transfer and reassignment of teachers.
(v) The ratio of pupils per licensed teacher for each classroom.
(w) The ratio of pupils per each type of specialized
instructional support personnel.
(x) Procedures for r eduction in workforce consistent with the
provisions of this chapter.
[(w)] (y) Procedures consistent with the provisions of subsection
6 for the reopening of collective bargaining agreements for
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additional, further, new or supplementary negotiations duri ng
periods of fiscal emergency.
3. Those subject matters which are not within the scope of
mandatory bargaining and which are reserved to the local
government employer without negotiation include:
(a) Except as otherwise provided in paragraph (u) of sub section
2, the right to hire, direct, assign or transfer an employee, but
excluding the right to assign or transfer an employee as a form of
discipline.
(b) The right to reduce in force or lay off any employee because
of lack of work or lack of money, sub ject to paragraph [(v)] (x) of
subsection 2.
(c) The right to determine:
(1) [Appropriate] Except as otherwise provided in
paragraphs (v) and (w) of subsection 2, appropriate staffing levels
and work performance standards, except for safety considerations;
(2) The content of the workday, including, without
limitation, workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the
public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. The provisions of NRS 245.063, 268.4069 and 391.1605 are
not subject to negotiations with an employee organization. Any
provision of a collective bargaining agreement negotiated pursuant
to this chapter which differ s from or conflicts in any way with the
provisions of NRS 245.063, 268.4069 or 391.1605 is unenforceable
and void.
5. If the local government employer is a school district, any
money appropriated by the State to carry out increases in salaries or
benefits for the employees of the school district is subject to
negotiations with an employee organization.
6. Notwithstanding the provisions of any collective bargaining
agreement negotiated pursuant to this chapter, a local government
employer is entitled to:
(a) Reopen a collective bargaining agreement for additional,
further, new or supplementary negotiations relating to compensation
or monetary benefits during a period of fiscal emergency.
Negotiations must begin not later than 21 days after the local
government employer notifies the employee organization that a
fiscal emergency exists. For the purposes of this section, a fiscal
emergency shall be deemed to exist:
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(1) If the amount of revenue received by the general fund of
the local government employer during the last preceding fiscal year
from all sources, except any nonrecurring source, declined by 5
percent or more from the amount of revenue received by the general
fund from all sources, except any nonrecurring source, during the
next preceding fiscal year, as reflected in the reports of the annual
audits conducted for those fiscal years for the local government
employer pursuant to NRS 354.624; or
(2) If the local government employer has budgeted an
unreserved ending fund balance in its general fund for the current
fiscal year in an amount equal to 4 percent or less of the actual
expenditures from the general fund for the last preceding fiscal year,
and the local government employer has provided a written
explanation of the budgeted ending fund balan ce to the Department
of Taxation that includes the reason for the ending fund balance and
the manner in which the local government employer plans to
increase the ending fund balance.
(b) Take whatever actions may be necessary to carry out its
responsibilities in situations of emergency such as a riot, military
action, natural disaster or civil disorder. Those actions may include
the suspension of any collective bargaining agreement for the
duration of the emergency.
Any action taken under the provisions of this subsection must not
be construed as a failure to negotiate in good faith.
7. The provisions of this chapter, including, without limitation,
the provisions of this section, recognize and declare the ultimate
right and responsibility of the local government employer to manage
its operation in the most efficient manner consistent with the best
interests of all its citizens, its taxpayers and its employees.
8. If the sponsor of a charter school reconstitutes the governing
body of a charter school pu rsuant to NRS 388A.330, the new
governing body may terminate the employment of any teachers or
other employees of the charter school, and any provision of any
agreement negotiated pursuant to this chapter that provides
otherwise is unenforceable and void.
9. The board of trustees of a school district in which a school is
designated as a turnaround school pursuant to NRS 388G.400 or the
principal of such a school, as applicable, may take any action
authorized pursuant to NRS 388G.400, including, without
limitation:
(a) Reassigning any member of the staff of such a school; or
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(b) If the staff member of another public school consents,
reassigning that member of the staff of the other public school to
such a school.
10. Any provision of an agreement nego tiated pursuant to this
chapter which differs from or conflicts in any way with the
provisions of subsection 9 or imposes consequences on the board of
trustees of a school district or the principal of a school for taking
any action authorized pursuant to s ubsection 9 is unenforceable and
void.
11. The board of trustees of a school district or the governing
body of a charter school or university school for profoundly gifted
pupils may use a substantiated report of the abuse or neglect of a
child or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or
394.366 obtained from the Statewide Central Registry for the
Collection of Information Concerning the Abuse or Neglect of a
Child established by NRS 432.100 or an equivalent registry
maintained by a governmental agency in another jurisdiction for the
purposes authorized by NRS 388A.515, 388C.200, 391.033,
391.104 or 391.281, as applicable. Such purposes may include,
without limitation, making a determination concerning the
assignment, discipline or termination of an employee. Any provision
of any agreement negotiated pursuant to this chapter which conflicts
with the provisions of this subsection is unenforceable and void.
12. This section does not preclude, but this chapter does not
require, the local government employer to negotiate subject matters
enumerated in subsection 3 which are outside the scope of
mandatory bargaining. The local government employer shall discuss
subject matters outside the scope of mandatory bargaining but it is
not required to negotiate those matters.
13. Contract provisions presently existing in signed and ratified
agreements as of May 15, 1975, at 12 p.m. remain negotiable.
14. As used in this section, “abuse or neglect of a child” has
the meaning ascribed to it in NRS 392.281.
Sec. 2. NRS 388.890 is hereby amended to read as follows:
388.890 1. The State Board shall develop nonbinding
recommendations for the ratio of pupils per licensed teacher and
specialized instructional support personnel in the public schools of
this State for kindergarten and grades 1 to 12, inclusive. [The]
Unless a school district is bound to a ratio of pupils per licensed
teacher or specialized instructional support personnel set by a
collective bargaining agreement established pursuant to NR S
288.150, the board of trustees of each school district shall consider
the recommendations in establishing the ratio of pupils per licensed
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teacher or specialized instructional support personnel, as applicable,
in the school district.
2. The recommendations developed by the State Board must:
(a) Prescribe a suggested ratio of pupils per licensed teacher for
each classroom and course of instruction, except choir, orchestra
and band, in kindergarten and grades 1 to 12, inclusive;
(b) Prescribe a suggested ratio of pupils per each type of
specialized instructional support personnel for each kind of public
school described in NRS 388.020;
(c) Be based on evidence -based national standards set forth by
the licensing body for teachers and the licensing body for each type
of specialized instructional support personnel;
(d) Take into account the unique needs of certain pupils,
including, without limitation, pupils who are English learners;
(e) Require that administrators and other licensed educational
personnel, including, without limitation, counselors, coaches and
special education teachers, who may be present in a classroom but
do not teach every pupil in the classroom may not be counted in
determining the ratio of pupils per licensed teacher; and
(f) Count only teachers who are actively teaching pupils during
a class period and teach a subject, and are the teacher of record
assigned to the classroom of pupils, for which the ratio of pupils per
licensed teacher is being determined.
3. Nothing in this section shall be deemed to relieve a school
district of its obligation to comply with the requirements of NRS
388.700 and 388.720, as applicable to the school district.
4. Not later than 30 days after the beginning of each school
year, th e board of trustees of each school district shall post on an
Internet website maintained by the school district the ratio of pupils
per licensed teacher that has been approved for each class in the
district.
5. The board of trustees of a school district with one or more
schools that exceed the recommended ratio of pupils to specialized
instructional support personnel shall develop a 15 -year strategic
plan to achieve the ratio of pupils to specialized instructional
support personnel in the district.
6. On or before February 1 of each odd -numbered year, the
board of trustees of each school district shall submit a report on the
progress of the school district in obtaining the ratio of pupils per
licensed teacher and specialized instructional support personn el
recommended pursuant to this section to the Director of the
Legislative Counsel Bureau for transmittal to the Senate and
Assembly Standing Committees on Education.
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7. As used in this section:
(a) “English learner” has the meaning ascribed to it in 20 U.S.C.
§ 7801(20).
(b) “Specialized instructional support personnel” includes
persons employed by each school to provide necessary services such
as assessment, diagnosis, counseling, educational services,
therapeutic services and related services, as def ined in 20 U.S.C. §
1401(26), to pupils. Such persons employed by a school include,
without limitation:
(1) A school counselor;
(2) A school psychologist;
(3) A school social worker;
(4) A school nurse;
(5) A speech-language pathologist;
(6) A school library media specialist; and
(7) Any other qualified professional.
Sec. 3. NRS 388.892 is hereby amended to read as follows:
388.892 1. The board of trustees of a school district in a
county whose population is 100,000 or more shall develop a plan to
improve the ratio of pupils to specialized instructional support
personnel to meet the ratio [recommended] :
(a) Recommended by the State Board pursuant to NRS 388.890
[.] ; or
(b) Required by a collective bargaining agreement established
pursuant to NRS 288.150, if applicable.
2. The plan developed pursuant to subsection 1 must include,
without limitation:
(a) Strategies to recruit and retain school counselors, school
psychologists and school social workers and other specialized
instructional support personnel; and
(b) Annual targets to meet the ratio of pupils to specialized
instructional support personnel [recommended] :
(1) Recommended by the State Board pursuant to NRS
388.890 [.] ; or
(2) Required by a collective bargaining agreement
established pursuant to NRS 288.150, if applicable.
[2.] 3. On or before October 1 of each year, the board of
trustees of a school district in a county whose population is 100,000
or more shall submit to the Department a report on the
implementation of the plan developed pursuant to subsection 1 for
the immediately preceding school year. The report must include,
without limitation:
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(a) The ratio of pup ils to specialized instructional support
personnel for the immediately preceding school year, disaggregated
by type of specialized instructional support personnel, and any
progress made to meet the recommended or required ratio;
(b) An evaluation of the s trategies to recruit and retain
specialized instructional support personnel implemented pursuant to
paragraph (a) of subsection [1;] 2; and
(c) A strategy to be implemented over the next school year to
meet the annual targets identified pursuant to paragr aph (b) of
subsection [1.] 2.
[3.] 4. On or before February 1 of each year, the Department
shall submit a compilation of the reports submitted to the
Department pursuant to subsection [2] 3 to:
(a) The Governor;
(b) In odd -numbered years, the Director of the Legislative
Counsel Bureau for transmittal to the Senate and Assembly
Standing Committees on Education;
(c) In even -numbered years, the Joint Interim Standing
Committee on Education; and
(d) The State Board.
[4.] 5. The compilation prepared by the Department pursuant to
subsection [3] 4 must allow the information included in the report to
be disaggregated by school district. The Department shall post a
copy of the compilation on its Internet website.
[5.] 6. As used in this section, “specialize d instructional
support personnel” has the meaning ascribed to it in NRS 388.890.
Sec. 4. The amendatory provisions of this act do not apply to a
collective bargaining agreement entered into before July 1, 2025.
Sec. 5. This act becomes effective on July 1, 2025.
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