1. On or before July 1 of each year, the Department shall, using the final count of pupils from the previous school year, determine the number of pupils in each public school who:

(a) Are English learners or are eligible for a free or reduced-price lunch pursuant to 42 U.S.C. §§ 1751 et seq.;

(b) Scored at or below the 25th percentile on an assessment of proficiency described in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 387.137 or, for a grade level for which such an assessment does not exist or does not provide sufficient information to identify all such pupils, are projected to be at or below the 25th percentile for proficiency by the Department pursuant to subsection 2 of NRS 387.137;

(c) Are not enrolled at a Zoom school or Victory school; and

(d) Do not have an individualized education program.

2. On or before July 1 of each year, the Department shall determine, beginning with the category of all public schools that received the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, and proceeding through each category of all public schools that received the immediately higher rating until not all public schools within a category could be funded, each category of public schools for which the Department could provide a per pupil allocation of $1,200 from the Account for the New Nevada Education Funding Plan created by NRS 387.129 for the upcoming school year for each pupil identified in subsection 1 who is enrolled at each public school in the category.

3. If the Department determines that one or more categories of public schools could not be fully funded pursuant to subsection 2, the Department shall rank each public school within the lowest category of public schools that could not be fully funded pursuant to subsection 2 by the highest number of pupils identified in subsection 1 who are enrolled at each such public school.

4. On or before July 15 of each year, the Department shall transfer money from the Account for the New Nevada Education Funding Plan to the board of trustees of each school district and each sponsor of a charter school on a per pupil basis as follows:

(a) First, for each public school within a category identified in subsection 2 as capable of being fully funded which is located in the school district or sponsored by the sponsor, as applicable, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school; and

(b) Second, beginning with the highest ranked public school pursuant to subsection 3 and until the money in the Account for the New Nevada Education Funding Plan is exhausted, an amount of $1,200 per pupil identified in subsection 1 who is enrolled at the public school.

The board of trustees of a school district or the sponsor of a charter school that receives money pursuant to this subsection shall distribute the money to each identified public school on a per pupil basis for each pupil identified in subsection 1 who is enrolled at the public school.

(Added to NRS by 2017, 2919; R 2019, 4253, effective July 1, 2021)