SB3

S.B. 3

Senate Bill No. 3–Joint Rules Committee

Prefiled June 13, 2001

____________

Referred to Committee of the Whole

SUMMARY—Makes various changes regarding education and educational personnel. (BDR 34‑2)

FISCAL NOTE: Effect on Local Government: Yes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to education; revising provisions relating to the achievement and proficiency examinations administered in public schools; revising provisions governing the increase of salary for a teacher who is certified by the National Board for Professional Teaching Standards; requiring the boards of trustees of school districts to pay the increase of salary retroactively under certain circumstances; authorizing under certain circumstances the employment of licensed teachers who do not hold endorsements in a particular subject area; requiring certain school districts to create and operate regional training programs for the professional development of teachers and administrators; creating the statewide council for the coordination of the regional training programs; authorizing under certain circumstances the licensure and employment of teachers who are not citizens of the United States; prohibiting persons from making certain threats to pupils and employees of school districts, charter schools and private schools; providing for the reimbursement of certain costs of teachers who acquire certification by the National Board for Professional Teaching Standards if money is made available; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 387.303 is hereby amended to read as follows:

1-2 387.303 1. Not later than November 10 of each year, the board of

1-3 trustees of each school district shall submit to the superintendent of public

1-4 instruction and the department of taxation a report which includes the

1-5 following information:

1-6 (a) For each fund within the school district, including, without

1-7 limitation, the school district’s general fund and any special revenue fund

1-8 which receives state money, the total number and salaries of licensed and

1-9 nonlicensed persons whose salaries are paid from the fund and who are

1-10 employed by the school district in full-time positions or in part-time

2-1 positions added together to represent full-time positions. Information must

2-2 be provided for the current school year based upon the school district’s

2-3 final budget, including any amendments and augmentations thereto, and for

2-4 the preceding school year. An employee must be categorized as filling an

2-5 instructional, administrative, instructional support or other position.

2-6 (b) The count of pupils computed pursuant to paragraph (a) of

2-7 subsection 1 of NRS 387.1233.

2-8 (c) The school district’s actual expenditures in the fiscal year

2-9 immediately preceding the report.

2-10 (d) The school district’s proposed expenditures for the current fiscal

2-11 year.

2-12 (e) The schedule of salaries for licensed employees in the current school

2-13 year and a statement of whether the negotiations regarding salaries for the

2-14 current school year have been completed. If the negotiations have not been

2-15 completed at the time the schedule of salaries is submitted, the board of

2-16 trustees shall submit a supplemental report to the superintendent of public

2-17 instruction upon completion of negotiations or the determination of an

2-18 arbitrator concerning the negotiations that includes the schedule of salaries

2-19 agreed to or required by the arbitrator.

2-20 (f) The number of teachers who received an increase in salary pursuant

2-21 to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

2-22 If the board of trustees is required to pay an increase in salary

2-23 retroactively pursuant to subsection 2 of NRS 391.160, the board of

2-24 trustees shall submit a supplemental report to the superintendent of

2-25 public instruction not later than February 15 of the year in which the

2-26 retroactive payment was made that includes the number of teachers to

2-27 whom an increase in salary was paid retroactively.

2-28 (g) The number of employees eligible for health insurance within the

2-29 school district for the current and preceding fiscal years and the amount

2-30 paid for health insurance for each such employee during those years.

2-31 (h) The rates for fringe benefits, excluding health insurance, paid by the

2-32 school district for its licensed employees in the preceding and current fiscal

2-33 years.

2-34 (i) The amount paid for extra duties, supervision of extracurricular

2-35 activities and supplemental pay and the number of employees receiving

2-36 that pay in the preceding and current fiscal years.

2-37 2. On or before November 25 of each year, the superintendent of

2-38 public instruction shall submit to the department of administration and the

2-39 fiscal analysis division of the legislative counsel bureau, in a format

2-40 approved by the director of the department of administration, a compilation

2-41 of the reports made by each school district pursuant to subsection 1.

2-42 3. The superintendent of public instruction shall, in the compilation

2-43 required by subsection 2, reconcile the revenues and expenditures of the

2-44 school districts with the apportionment received by those districts from the

2-45 state distributive school account for the preceding year.

2-46 Sec. 2. NRS 389.015 is hereby amended to read as follows:

2-47 389.015 1. The board of trustees of each school district shall

2-48 administer examinations in all public schools of the school district. The

2-49 governing body of a charter school shall administer the same examinations

3-1 in the charter school. The examinations administered by the board of

3-2 trustees and governing body must determine the achievement and

3-3 proficiency of pupils in:

3-4 (a) Reading;

3-5 (b) Writing;

3-6 (c) Mathematics; and

3-7 (d) Science.

3-8 2. The examinations required by subsection 1 must be:

3-9 (a) Administered before the completion of grades 4, 8, 10 and 11.

3-10 (b) Administered in each school district and each charter school at the

3-11 same time. The time for the administration of the examinations must be

3-12 prescribed by the state board.

3-13 (c) Administered in each school in accordance with uniform procedures

3-14 adopted by the state board. The department shall monitor the compliance of

3-15 school districts and individual schools with the uniform procedures.

3-16 (d) Administered in each school in accordance with the plan adopted

3-17 pursuant to section 2 of [this act] Assembly Bill No. 214 of the 71st session

3-18 of the Nevada Legislature by the department and with the plan adopted

3-19 pursuant to section 4 of [this act] Assembly Bill No. 214 of the 71st session

3-20 of the Nevada Legislature by the board of trustees of the school district in

3-21 which the examinations are administered. The department shall monitor the

3-22 compliance of school districts and individual schools with:

3-23 (1) The plan adopted by the department; and

3-24 (2) The plan adopted by the board of trustees of the applicable school

3-25 district, to the extent that the plan adopted by the board of trustees of the

3-26 school district is consistent with the plan adopted by the department.

3-27 (e) Scored by the department or a single private entity that has

3-28 contracted with the state board to score the examinations. If a private entity

3-29 scores the examinations, it shall report the results of the examinations in

3-30 the form and by the date required by the department.

3-31 3. Not more than 14 working days after the results of the examinations

3-32 are reported to the department by a private entity that scored the

3-33 examinations or the department completes the scoring of the examinations,

3-34 the superintendent of public instruction shall certify that the results of the

3-35 examinations have been transmitted to each school district and each charter

3-36 school. Not more than 10 working days after a school district receives the

3-37 results of the examinations, the superintendent of schools of each school

3-38 district shall certify that the results of the examinations have been

3-39 transmitted to each school within the school district. Except as otherwise

3-40 provided in this subsection, not more than 15 working days after each

3-41 school receives the results of the examinations, the principal of each school

3-42 and the governing body of each charter school shall certify that the results

3-43 for each pupil have been provided to the parent or legal guardian of the

3-44 pupil:

3-45 (a) During a conference between the teacher of the pupil or

3-46 administrator of the school and the parent or legal guardian of the pupil; or

3-47 (b) By mailing the results of the examinations to the last known address

3-48 of the parent or legal guardian of the pupil.

4-1 If a pupil fails the high school proficiency examination, the school shall

4-2 notify the pupil and the parents or legal guardian of the pupil as soon as

4-3 practicable but not later than 15 working days after the school receives the

4-4 results of the examination.

4-5 4. Different standards of proficiency may be adopted for pupils with

4-6 diagnosed learning disabilities. If a pupil with a disability is unable to take

4-7 an examination created by a private entity under regular testing conditions

4-8 or with modifications and accommodations that are approved by the private

4-9 entity, the pupil may take the examination with modifications and

4-10 accommodations that are approved by the state board pursuant to

4-11 subsection 8. If a pupil with a disability is unable to take an examination

4-12 created by the department under regular testing conditions or with

4-13 modifications and accommodations that are approved by the department,

4-14 the pupil may take the examination with modifications and

4-15 accommodations that are approved by the state board pursuant to

4-16 subsection 8. The results of an examination that is taken under conditions

4-17 that are not approved by a private entity or the department, as applicable,

4-18 must not be reported pursuant to subsection 2 of NRS 389.017. If different

4-19 standards of proficiency are adopted or other modifications or

4-20 accommodations are made in the administration of the examinations for a

4-21 pupil who is enrolled in a program of special education pursuant to NRS

4-22 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the

4-23 different standards adopted or other modifications or accommodations

4-24 must be set forth in the pupil’s program of special education developed in

4-25 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

4-26 §§ 1400 et seq., and the standards prescribed by the state board. During the

4-27 administration of the high school proficiency examination, a pupil with a

4-28 disability may be given additional time to complete the examination if the

4-29 additional time is a modification or accommodation that is approved in the

4-30 pupil’s program of special education developed in accordance with the

4-31 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

4-32 5. If a pupil fails to demonstrate at least adequate achievement on the

4-33 examination administered before the completion of grade 4, 8 or 10, he

4-34 may be promoted to the next higher grade, but the results of his

4-35 examination must be evaluated to determine what remedial study is

4-36 appropriate. If such a pupil is enrolled at a school that has been designated

4-37 as demonstrating need for improvement pursuant to subsection 1 of NRS

4-38 385.367, the pupil must, in accordance with the requirements set forth in

4-39 this subsection, complete remedial study that is determined to be

4-40 appropriate for the pupil.

4-41 6. If a pupil fails to pass the proficiency examination administered

4-42 before the completion of grade 11, he must not be graduated until he is

4-43 able, through remedial study, to pass the proficiency examination, but he

4-44 may be given a certificate of attendance, in place of a diploma, if he has

4-45 reached the age of 17 years.

4-46 7. The state board shall prescribe standard examinations of

4-47 achievement and proficiency to be administered pursuant to subsection 1.

4-48 The high school proficiency examination must be developed, printed and

4-49 scored by a nationally recognized testing company in accordance with

5-1 the process established by the testing company. The examinations on

5-2 reading, mathematics and science prescribed for grades 4, 8 and 10 must be

5-3 selected from examinations created by private entities and administered to

5-4 a national reference group, and must allow for a comparison of the

5-5 achievement and proficiency of pupils in grades 4, 8 and 10 in this state to

5-6 that of a national reference group of pupils in grades 4, 8 and 10. The

5-7 questions contained in the examinations and the approved answers used for

5-8 grading them are confidential, and disclosure is unlawful except:

5-9 (a) To the extent necessary for administering and evaluating the

5-10 examinations.

5-11 (b) That a disclosure may be made to a:

5-12 (1) State officer who is a member of the executive or legislative

5-13 branch to the extent that it is necessary for the performance of his duties;

5-14 (2) Superintendent of schools of a school district to the extent that it

5-15 is necessary for the performance of his duties;

5-16 (3) Director of curriculum of a school district to the extent that it is

5-17 necessary for the performance of his duties; and

5-18 (4) Director of testing of a school district to the extent that it is

5-19 necessary for the performance of his duties.

5-20 (c) That specific questions and answers may be disclosed if the

5-21 superintendent of public instruction determines that the content of the

5-22 questions and answers is not being used in a current examination and

5-23 making the content available to the public poses no threat to the security of

5-24 the current examination process.

5-25 8. The state board shall prescribe, in accordance with the Individuals

5-26 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

5-27 modifications and accommodations that may be used in the administration

5-28 of an examination to a pupil with a disability who is unable to take the

5-29 examination under regular testing conditions or with modifications and

5-30 accommodations that are approved by the private entity that created the

5-31 examination or, if the department created the examination, by the

5-32 department. These regulations may include, without limitation, authorizing

5-33 a pupil to complete an examination with additional time.

5-34 Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto the

5-35 provisions set forth as sections 4 to 19, inclusive, of this act.

5-36 Sec. 4. 1. If the board of trustees of a school district determines

5-37 that a shortage of teachers exists within the school district in a particular

5-38 subject area, the board of trustees may submit a written request to the

5-39 superintendent of public instruction to employ persons who are licensed

5-40 teachers but who do not hold an endorsement to teach in the subject area

5-41 for which there is a shortage of teachers. The superintendent of public

5-42 instruction may grant such a request if the superintendent determines

5-43 that a shortage of teachers exists in the subject area. If the

5-44 superintendent of public instruction grants a request pursuant to this

5-45 subsection, a person who holds a license to teach but not an endorsement

5-46 in the subject area for which the request was granted may be employed

5-47 by the school district for not more than 2 school years to teach in that

5-48 subject area.

6-1 2. If the superintendent of public instruction grants a request

6-2 pursuant to subsection 1, the superintendent shall submit a written report

6-3 to the commission that includes the name of the school district for which

6-4 the request was granted and the subject area for which the request was

6-5 granted. Upon receipt of such a report, the commission shall consider

6-6 whether to adopt revisions to the requirements for an endorsement in

6-7 that subject area to address the shortage of teachers.

6-8 Sec. 5. As used in sections 5 to 19, inclusive, of this act, unless the

6-9 context otherwise requires, the words and terms defined in sections 6 and

6-10 7 of this act have the meanings ascribed to them in those sections.

6-11 Sec. 6. “Regional training program” means a regional training

6-12 program for the professional development of teachers and administrators

6-13 created pursuant to section 8 of this act.

6-14 Sec. 7. “Statewide council” means the statewide council for the

6-15 coordination of the regional training programs created by section 9 of

6-16 this act.

6-17 Sec. 8. 1. The Clark County school district, Douglas County school

6-18 district, Elko County school district and Washoe County school district

6-19 shall each establish and operate a regional training program for the

6-20 professional development of teachers and administrators.

6-21 2. Except as otherwise provided in subsection 6, the regional training

6-22 program established by the Clark County school district must primarily

6-23 provide services to teachers and administrators who are employed by

6-24 school districts in:

6-25 (a) Clark County;

6-26 (b) Esmeralda County;

6-27 (c) Lincoln County; and

6-28 (d) Nye County.

6-29 3. Except as otherwise provided in subsection 6, the regional training

6-30 program established by the Douglas County school district must

6-31 primarily provide services to teachers and administrators who are

6-32 employed by school districts in:

6-33 (a) Carson City;

6-34 (b) Churchill County;

6-35 (c) Douglas County;

6-36 (d) Lyon County; and

6-37 (e) Mineral County.

6-38 4. Except as otherwise provided in subsection 6, the regional training

6-39 program established by the Elko County school district must primarily

6-40 provide services to teachers and administrators who are employed by

6-41 school districts in:

6-42 (a) Elko County;

6-43 (b) Eureka County;

6-44 (c) Lander County;

6-45 (d) Humboldt County; and

6-46 (e) White Pine County.

6-47 5. Except as otherwise provided in subsection 6, the regional training

6-48 program established by the Washoe County school district must primarily

7-1 provide services to teachers and administrators who are employed by

7-2 school districts in:

7-3 (a) Pershing County;

7-4 (b) Storey County; and

7-5 (c) Washoe County.

7-6 6. Each regional training program shall, when practicable, make

7-7 reasonable accommodations for the attendance of teachers and

7-8 administrators who are employed by school districts outside the primary

7-9 jurisdiction of the regional training program.

7-10 Sec. 9. 1. The statewide council for the coordination of the

7-11 regional training programs, consisting of eight members, is hereby

7-12 created. The membership of the council consists of:

7-13 (a) Each coordinator appointed by the governing body of each

7-14 regional training program pursuant to section 13 of this act; and

7-15 (b) One member of the governing body of each regional training

7-16 program, appointed by the governing body. The member appointed

7-17 pursuant to this paragraph may appoint a designee to serve in his place.

7-18 2. Each coordinator who serves on the statewide council is a member

7-19 of the statewide council only for the period of his service as coordinator

7-20 of the regional training program pursuant to section 13 of this act.

7-21 3. Each member appointed by the governing body pursuant to

7-22 paragraph (b) of subsection 1 serves a term of 2 years.

7-23 4. Members of the statewide council serve without salary or

7-24 compensation for their travel or per diem expenses.

7-25 5. The governing bodies of the regional training programs may

7-26 mutually agree to expend a portion of their respective budgets to pay for

7-27 the administrative support of the statewide council.

7-28 Sec. 10. 1. The statewide council shall meet not less than four

7-29 times per year.

7-30 2. The statewide council shall:

7-31 (a) Adopt uniform standards for use by the governing body of each

7-32 regional training program in the review and approval by the governing

7-33 body of the training to be provided by the regional training program

7-34 pursuant to sections 15 and 16 of this act. The standards must ensure

7-35 that the training provided by the regional training programs is of high

7-36 quality and is effective in addressing the training programs specified in

7-37 subsection 1 of section 16 of this act.

7-38 (b) Coordinate the dissemination of information to school districts,

7-39 administrators and teachers concerning the training, programs and

7-40 services provided by the regional training programs.

7-41 (c) Disseminate information to the regional training programs

7-42 concerning innovative and effective methods to provide professional

7-43 development.

7-44 (d) Conduct long-range planning concerning the professional

7-45 development needs of teachers and administrators employed in this state.

7-46 (e) Adopt uniform procedures for use by the governing body of each

7-47 regional training program to report the evaluation conducted pursuant to

7-48 section 18 of this act.

8-1 Sec. 11. 1. Each regional training program must have a governing

8-2 body consisting of:

8-3 (a) The superintendent of schools, or his designee, for each school

8-4 district that is included within the primary jurisdiction of the regional

8-5 training program. The superintendent of schools serves ex officio.

8-6 (b) Teachers who are considered masters, appointed by the

8-7 superintendents of schools of the school districts that are included within

8-8 the primary jurisdiction of the regional training program and the

8-9 representatives of higher education appointed to the governing body.

8-10 Each teacher who wishes to be considered for appointment to the

8-11 governing body must submit an application explaining his qualifications

8-12 as a master teacher. At least one teacher must be appointed from each

8-13 school district within the primary jurisdiction of the regional training

8-14 program.

8-15 (c) Representatives of the University and Community College System

8-16 of Nevada, appointed by the board of regents, and representatives of

8-17 other institutions of higher education, as determined by the

8-18 superintendents of school districts included within the primary

8-19 jurisdiction of the regional training program.

8-20 (d) A nonvoting member who is an employee of the department.

8-21 2. After the appointments are made, the governing body shall select a

8-22 chairman from among its membership.

8-23 3. Each member of the governing body shall serve a term of 2 years.

8-24 A person must not be appointed to serve more than three consecutive

8-25 terms.

8-26 4. A vacancy in the governing body must be filled in the same

8-27 manner as the original appointment.

8-28 Sec. 12. 1. Each governing body shall meet not less than two times

8-29 per year and at the call of the chairman.

8-30 2. Members of the governing body serve without salary or

8-31 compensation for their travel or per diem expenses.

8-32 Sec. 13. 1. The governing body of each regional training program

8-33 shall appoint a coordinator of the program, who serves at the pleasure of

8-34 the governing body.

8-35 2. The coordinator of each regional training program shall:

8-36 (a) Serve on the statewide council;

8-37 (b) Assist in the evaluation of the regional training program, as

8-38 directed by the governing body; and

8-39 (c) Perform such other duties as directed by the governing body.

8-40 Sec. 14. On an annual basis, the governing body of each regional

8-41 training program shall review the budget for the program and submit a

8-42 proposed budget to the legislative committee on education. The proposed

8-43 budget must include, without limitation, the amount of money requested

8-44 by the governing body to pay for the services of the coordinator of the

8-45 program appointed pursuant to section 13 of this act. In even-numbered

8-46 years, the proposed budget must be submitted to the legislative committee

8-47 on education at least 4 months before the commencement of the next

8-48 regular session of the legislature.

9-1 Sec. 15. The governing body of each regional training program

9-2 shall:

9-3 1. Adopt a training model, taking into consideration other model

9-4 programs, including, without limitation, the program used by the

9-5 Geographic Alliance in Nevada.

9-6 2. Assess the training needs of teachers and administrators who are

9-7 employed by the school districts within the primary jurisdiction of the

9-8 regional training program and adopt priorities of training for the

9-9 program based upon the assessment of needs. The board of trustees of

9-10 each such school district may submit recommendations to the

9-11 appropriate governing body for the types of training that should be

9-12 offered by the regional training program.

9-13 3. Prepare a 5-year plan for the regional training program, which

9-14 includes, without limitation:

9-15 (a) An assessment of the training needs of teachers and

9-16 administrators who are employed by the school districts within the

9-17 primary jurisdiction of the regional training program; and

9-18 (b) Specific details of the training that will be offered by the regional

9-19 training program for the first 2 years covered by the plan.

9-20 4. Review the 5-year plan on an annual basis and make revisions to

9-21 the plan as are necessary to serve the training needs of teachers and

9-22 administrators employed by the school districts within the primary

9-23 jurisdiction of the regional training program.

9-24 Sec. 16. 1. Based upon the assessment of needs for training within

9-25 the region and priorities of training adopted by the governing body

9-26 pursuant to section 15 of this act, each regional training program must

9-27 provide:

9-28 (a) Training for teachers in the standards established by the council to

9-29 establish academic standards for public schools pursuant to NRS

9-30 389.520; and

9-31 (b) At least one of the following types of training:

9-32 (1) Training for teachers and school administrators in the

9-33 assessment and measurement of pupil achievement and the effective

9-34 methods to analyze the test results and scores of pupils to improve the

9-35 achievement and proficiency of pupils.

9-36 (2) Training for teachers in specific content areas to enable the

9-37 teachers to provide a higher level of instruction in their respective fields

9-38 of teaching. Such training must include instruction in effective methods

9-39 to teach in a content area provided by teachers who are considered

9-40 masters in that content area.

9-41 (3) Training for teachers in the methods to teach basic skills to

9-42 pupils, such as providing instruction in reading with the use of phonics

9-43 and providing instruction in basic skills of mathematics computation.

9-44 2. The training required pursuant to subsection 1 must:

9-45 (a) Include appropriate procedures to ensure follow-up training for

9-46 teachers and administrators who have received training through the

9-47 program.

9-48 (b) Incorporate training that addresses the educational needs of:

10-1 (1) Pupils with disabilities who participate in programs of special

10-2 education; and

10-3 (2) Pupils whose primary language is not English.

10-4 3. The governing body of each regional training program shall

10-5 prepare and maintain a list that identifies programs for the professional

10-6 development of teachers and administrators that successfully incorporate

10-7 the standards of content and performance established by the council to

10-8 establish academic standards for public schools pursuant to NRS

10-9 389.520 and other training listed in subsection 1. The governing body

10-10 shall provide a copy of the list on an annual basis to school districts for

10-11 dissemination to teachers and administrators.

10-12 4. A regional training program may include model classrooms that

10-13 demonstrate the use of educational technology for teaching and learning.

10-14 Sec. 17. 1. To the extent that money is available from legislative

10-15 appropriation or otherwise, a regional training program must pay:

10-16 (a) The salaries and travel expenses of staff and other personnel

10-17 necessary to the operation of the program;

10-18 (b) Related administrative expenses; and

10-19 (c) The costs incurred to acquire equipment and space to operate the

10-20 program.

10-21 2. To the extent that money is available from legislative

10-22 appropriation or otherwise, a regional training program may provide

10-23 incentives for teachers to attend the regional training program,

10-24 including, without limitation:

10-25 (a) Arrangement for credit toward renewal of a license or an

10-26 endorsement for a license;

10-27 (b) Provision of books, supplies or instructional materials for the

10-28 classrooms; and

10-29 (c) Provision of stipends.

10-30 Sec. 18. The governing body of each regional training program

10-31 shall:

10-32 1. Establish a method for the evaluation of the success of the

10-33 regional training program. The method must be consistent with the

10-34 uniform procedures adopted by the statewide council pursuant to section

10-35 10 of this act.

10-36 2. On or before July 1 of each year, submit an annual report to the

10-37 state board, the commission, the legislative committee on education and

10-38 the legislative bureau of educational accountability and program

10-39 evaluation that includes:

10-40 (a) The priorities for training adopted by the governing body pursuant

10-41 to section 15 of this act;

10-42 (b) The type of training offered through the program in the

10-43 immediately preceding year;

10-44 (c) The number of teachers and administrators who received training

10-45 through the program in the immediately preceding year;

10-46 (d) An evaluation of the success of the program in accordance with

10-47 the method adopted pursuant to subsection 1; and

11-1 (e) The 5-year plan for the program prepared pursuant to section 15

11-2 of this act and any revisions to the plan made by the governing body in

11-3 the immediately preceding year.

11-4 Sec. 19. The board of trustees of each school district shall submit an

11-5 annual report to the state board, the commission, the legislative

11-6 committee on education and the legislative bureau of educational

11-7 accountability and program evaluation that includes for the immediately

11-8 preceding year:

11-9 1. The number of teachers and administrators employed by the

11-10 school district who received training through the program; and

11-11 2. An evaluation of whether that training included the standards of

11-12 content and performance established by the council to establish academic

11-13 standards for public schools pursuant to NRS 389.520.

11-14 Sec. 20. NRS 391.019 is hereby amended to read as follows:

11-15 391.019 1. Except as otherwise provided in NRS 391.027, the

11-16 commission:

11-17 (a) Shall adopt regulations:

11-18 (1) Prescribing the qualifications for licensing teachers and other

11-19 educational personnel and the procedures for the issuance and renewal of

11-20 such licenses.

11-21 (2) Identifying fields of specialization in teaching which require the

11-22 specialized training of teachers.

11-23 (3) [Requiring] Except as otherwise provided in section 4 of this act,

11-24 requiring teachers to obtain from the department an endorsement in a field

11-25 of specialization to be eligible to teach in that field of specialization.

11-26 (4) Setting forth the educational requirements a teacher must satisfy

11-27 to qualify for an endorsement in each field of specialization.

11-28 (5) Setting forth the qualifications and requirements for obtaining a

11-29 license or endorsement to teach American Sign Language.

11-30 (b) May adopt such other regulations as it deems necessary for its own

11-31 government or to carry out its duties.

11-32 2. Any regulation which increases the amount of education, training or

11-33 experience required for licensing:

11-34 (a) Must, in addition to the requirements for publication in chapter 233B

11-35 of NRS, be publicized before its adoption in a manner reasonably

11-36 calculated to inform those persons affected by the change.

11-37 (b) Must not become effective until at least 1 year after the date it is

11-38 adopted by the commission.

11-39 (c) Is not applicable to a license in effect on the date the regulation

11-40 becomes effective.

11-41 Sec. 21. NRS 391.060 is hereby amended to read as follows:

11-42 391.060 1. Except as otherwise provided in this section and NRS

11-43 391.070, it is unlawful for:

11-44 (a) The superintendent of public instruction to issue a license to, or a

11-45 board of trustees of a school district or a governing body of a charter

11-46 school to employ, any teacher, instructor, principal or superintendent of

11-47 schools who is not a citizen of the United States or a person who has filed a

11-48 valid declaration to become a citizen or valid petition for naturalization, or

11-49 who is not a lawful permanent resident of the United States.

12-1 (b) The state controller or any county auditor to issue any warrant to

12-2 any teacher, instructor, principal or superintendent of schools who is not a

12-3 citizen of the United States or a person who has filed a valid declaration to

12-4 become a citizen or valid petition for naturalization, or who is not a lawful

12-5 permanent resident of the United States.

12-6 2. Upon the request of a school district, the superintendent of public

12-7 instruction may issue a license to a person who does not meet the

12-8 requirements of subsection 1 but is otherwise entitled to work in the

12-9 United States pursuant to federal laws and regulations if:

12-10 (a) The school district has demonstrated to the satisfaction of the

12-11 superintendent of public instruction that a shortage of teachers exists in

12-12 the subject area for which the person is qualified;

12-13 (b) The person is otherwise qualified to teach in the subject area for

12-14 which there is a shortage of teachers, except that he does not meet the

12-15 requirements of subsection 1; and

12-16 (c) The school district agrees to employ the person to teach in the

12-17 subject area for which there is a shortage of teachers.

12-18 3. A license issued by the superintendent of public instruction

12-19 pursuant to subsection 2:

12-20 (a) Automatically expires on the date that the licensee is no longer

12-21 entitled to work in the United States pursuant to federal laws and

12-22 regulations; and

12-23 (b) Authorizes the person who holds the license to teach only in the:

12-24 (1) School district that submitted the request for the issuance of the

12-25 license to that person; and

12-26 (2) Subject area for which the person is qualified.

12-27 4. Upon compliance with all applicable federal laws and regulations,

12-28 the board of trustees of a school district may employ a person who does

12-29 not meet the requirements of subsection 1 if the person holds a license

12-30 issued by the superintendent of public instruction pursuant to subsection

12-31 2. A teacher’s employment with a school district pursuant to this

12-32 subsection automatically expires on the date that he is no longer entitled

12-33 to work in the United States pursuant to federal laws and regulations.

12-34 5. The state controller or a county auditor may issue a warrant to a

12-35 teacher who is employed pursuant to subsection 4.

12-36 6. Any person who violates any of the provisions of this section is

12-37 guilty of a misdemeanor.

12-38 Sec. 22. NRS 391.080 is hereby amended to read as follows:

12-39 391.080 1. Each teacher or other licensed employee employed in this

12-40 state whose compensation is payable out of public money, except teachers

12-41 employed pursuant to the provisions of subsection 4 of NRS 391.060 or

12-42 NRS 391.070, must take and subscribe to the constitutional oath of office

12-43 before entering upon the discharge of his duties.

12-44 2. The oath of office, when taken and subscribed, must be filed with

12-45 the department . [of education.]

12-46 3. The superintendent of public instruction, his deputy superintendents

12-47 and other members of the professional staff of the department designated

12-48 by the superintendent, members of boards of trustees of school districts,

13-1 superintendents of schools, principals of schools and notaries public may

13-2 administer the oath of office to teachers and other licensed employees.

13-3 Sec. 23. NRS 391.160 is hereby amended to read as follows:

13-4 391.160 1. The salaries of teachers and other employees must be

13-5 determined by the character of the service required. A school district shall

13-6 not discriminate between male and female employees in the matter of

13-7 salary.

13-8 2. Each year when determining the salary of a teacher who holds

13-9 certification issued by the National Board for Professional Teaching

13-10 Standards, a school district shall add 5 percent to the salary that the teacher

13-11 would otherwise receive in 1 year for his classification on the schedule of

13-12 salaries for the school district if:

13-13 (a) On or before [September 15] January 31 of the school year, the

13-14 teacher has submitted evidence satisfactory to the school district of his

13-15 current certification; and

13-16 (b) The teacher is assigned by the school district to provide classroom

13-17 instruction during that school year.

13-18 No increase in salary may be given during a particular school year to a

13-19 teacher who submits evidence of certification after [September 15]

13-20 January 31 of that school year. For the first school year that a teacher

13-21 submits evidence of his current certification, the board of trustees of the

13-22 school district to whom the evidence was submitted shall pay the increase

13-23 in salary required by this subsection retroactively to the beginning of that

13-24 school year. Once a teacher has submitted evidence of such certification to

13-25 the school district, the school district shall retain the evidence in its

13-26 records, as applicable, for future school years. An increase in salary given

13-27 in accordance with this subsection is in addition to any other increase to

13-28 which the teacher may otherwise be entitled.

13-29 3. In determining the salary of a licensed teacher who is employed by a

13-30 school district after the teacher has been employed by another school

13-31 district in this state, the present employer shall, except as otherwise

13-32 provided in subsection 6:

13-33 (a) Give the teacher the same credit for previous teaching service as he

13-34 was receiving from his former employer at the end of his former

13-35 employment;

13-36 (b) Give the teacher credit for his final year of service with his former

13-37 employer, if credit for that service is not included in credit given pursuant

13-38 to paragraph (a); and

13-39 (c) Place the teacher on the schedule of salaries of the school district in

13-40 a classification that is commensurate with the level of education acquired

13-41 by the teacher, as set forth in the applicable negotiated agreement with the

13-42 present employer.

13-43 4. A school district may give the credit required by subsection 3 for

13-44 previous teaching service earned in another state if the commission has

13-45 approved the standards for licensing teachers of that state. The commission

13-46 shall adopt regulations that establish the criteria by which the commission

13-47 will consider the standards for licensing teachers of other states for the

13-48 purposes of this subsection. The criteria may include, without limitation,

14-1 whether the commission has authorized reciprocal licensure of educational

14-2 personnel from the state under consideration.

14-3 5. In determining the salary of a licensed administrator, other than the

14-4 superintendent of schools, who is employed by a school district after the

14-5 administrator has been employed by another school district in this state, the

14-6 present employer shall, except as otherwise provided in subsection 6:

14-7 (a) Give the administrator the same credit for previous administrative

14-8 service as he was receiving from his former employer, at the end of his

14-9 former employment;

14-10 (b) Give the administrator credit for his final year of service with his

14-11 former employer, if credit for that service is not otherwise included in the

14-12 credit given pursuant to paragraph (a); and

14-13 (c) Place the administrator on the schedule of salaries of the school

14-14 district in a classification that is comparable to the classification the

14-15 administrator had attained on the schedule of salaries of his former

14-16 employer.

14-17 6. This section does not:

14-18 (a) Require a school district to allow a teacher or administrator more

14-19 credit for previous teaching or administrative service than the maximum

14-20 credit for teaching or administrative experience provided for in the

14-21 schedule of salaries established by it for its licensed personnel.

14-22 (b) Permit a school district to deny a teacher or administrator credit for

14-23 his previous teaching or administrative service on the ground that the

14-24 service differs in kind from the teaching or administrative experience for

14-25 which credit is otherwise given by the school district.

14-26 7. As used in this section:

14-27 (a) “Previous administrative service” means the total of:

14-28 (1) Any period of administrative service for which an administrator

14-29 received credit from his former employer at the beginning of his former

14-30 employment; and

14-31 (2) His period of administrative service in his former employment.

14-32 (b) “Previous teaching service” means the total of:

14-33 (1) Any period of teaching service for which a teacher received credit

14-34 from his former employer at the beginning of his former employment; and

14-35 (2)His period of teaching service in his former employment.

14-36 Sec. 24. NRS 391.170 is hereby amended to read as follows:

14-37 391.170 1. Except as otherwise provided in subsection 2, a teacher or

14-38 other employee for whom a license is required is not entitled to receive any

14-39 portion of public money for schools as compensation for services rendered

14-40 unless:

14-41 (a) He is legally employed by the board of trustees of the school district

14-42 in which he is teaching or performing other educational functions.

14-43 (b) He has a license authorizing him to teach or perform other

14-44 educational functions at the level and except as otherwise provided in

14-45 section 4 of this act, in the field for which he is employed, issued in

14-46 accordance with law and in full force at the time the services are rendered.

14-47 2. The provisions of subsection 1 do not prohibit the payment of public

14-48 money to teachers or other employees who are employed by a charter

14-49 school pursuant to the provisions of NRS 386.590 and 386.595.

15-1 Sec. 25. Chapter 392 of NRS is hereby amended by adding thereto a

15-2 new section to read as follows:

15-3 1. A person shall not, through the use of any means of oral, written

15-4 or electronic communication, knowingly threaten to cause bodily harm

15-5 or death to a pupil or employee of a school district or charter school with

15-6 the intent to:

15-7 (a) Intimidate, frighten, alarm or distress a pupil or employee of a

15-8 school district or charter school;

15-9 (b) Cause panic or civil unrest; or

15-10 (c) Interfere with the operation of a public school, including, without

15-11 limitation, a charter school.

15-12 2. Unless a greater penalty is provided by specific statute, a person

15-13 who violates the provisions of subsection 1 is guilty of:

15-14 (a) A misdemeanor, unless the provisions of paragraph (b) apply to

15-15 the circumstances.

15-16 (b) A gross misdemeanor, if the threat causes:

15-17 (1) Any pupil or employee of a school district or charter school who

15-18 is the subject of the threat to be intimidated, frightened, alarmed or

15-19 distressed;

15-20 (2) Panic or civil unrest; or

15-21 (3) Interference with the operation of a public school, including,

15-22 without limitation, a charter school.

15-23 3. As used in this section, “oral, written or electronic

15-24 communication” includes, without limitation, any of the following:

15-25 (a) A letter, note or any other type of written correspondence.

15-26 (b) An item of mail or a package delivered by any person or postal or

15-27 delivery service.

15-28 (c) A telegraph or wire service, or any other similar means of

15-29 communication.

15-30 (d) A telephone, cellular phone, satellite phone, page or facsimile

15-31 machine, or any other similar means of communication.

15-32 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or

15-33 other audio or video broadcast or transmission, or any other similar

15-34 means of communication.

15-35 (f) An audio or video recording or reproduction, or any other similar

15-36 means of communication.

15-37 (g) An item of electronic mail, a modem or computer network, or the

15-38 Internet, or any other similar means of communication.

15-39 Sec. 26. NRS 392.480 is hereby amended to read as follows:

15-40 392.480 1. It is unlawful for any person to disturb the peace of any

15-41 public school by using vile or indecent language within the building or

15-42 grounds of the school. Any person who violates any of the provisions of

15-43 this subsection is guilty of a misdemeanor.

15-44 2. It is unlawful for any person to [threaten or] assault any pupil or

15-45 school employee:

15-46 (a) Within the building or grounds of the school;

15-47 (b) On a bus, van or any other motor vehicle owned, leased or chartered

15-48 by a school district to transport pupils or school employees; or

16-1 (c) At a location where the pupil or school employee is involved in an

16-2 activity sponsored by a public school.

16-3 Except under circumstances described in paragraph (c) of subsection 2 of

16-4 NRS 200.471 or in NRS 200.571, any person who violates any of the

16-5 provisions of this subsection is guilty of a misdemeanor.

16-6 3. It is unlawful for any person maliciously and purposely in any

16-7 manner to interfere with or disturb any persons peaceably assembled within

16-8 a building of a public school for school district purposes. Any person who

16-9 violates any of the provisions of this subsection is guilty of a misdemeanor.

16-10 4. For the purposes of this section “school employee” means any

16-11 licensed or unlicensed person employed by a board of trustees of a school

16-12 district pursuant to NRS 391.100.

16-13 Sec. 27. Chapter 394 of NRS is hereby amended by adding thereto a

16-14 new section to read as follows:

16-15 1. A person shall not, through the use of any means of oral, written

16-16 or electronic communication, knowingly threaten to cause bodily harm

16-17 or death to a pupil or employee of a private school with the intent to:

16-18 (a) Intimidate, frighten, alarm or distress a pupil or employee of a

16-19 private school;

16-20 (b) Cause panic or civil unrest; or

16-21 (c) Interfere with the operation of a private school.

16-22 2. Unless a greater penalty is provided by specific statute, a person

16-23 who violates the provisions of subsection 1 is guilty of:

16-24 (a) A misdemeanor, unless the provisions of paragraph (b) apply to

16-25 the circumstances.

16-26 (b) A gross misdemeanor, if the threat causes:

16-27 (1) Any pupil or employee of a private school who is the subject of

16-28 the threat to be intimidated, frightened, alarmed or distressed;

16-29 (2) Panic or civil unrest; or

16-30 (3) Interference with the operation of a private school.

16-31 3. As used in this section, “oral, written or electronic

16-32 communication” includes, without limitation, any of the following:

16-33 (a) A letter, note or any other type of written correspondence.

16-34 (b) An item of mail or a package delivered by any person or postal or

16-35 delivery service.

16-36 (c) A telegraph or wire service, or any other similar means of

16-37 communication.

16-38 (d) A telephone, cellular phone, satellite phone, page or facsimile

16-39 machine, or any other similar means of communication.

16-40 (e) A radio, television, cable, closed-circuit, wire, wireless, satellite or

16-41 other audio or video broadcast or transmission, or any other similar

16-42 means of communication.

16-43 (f) An audio or video recording or reproduction, or any other similar

16-44 means of communication.

16-45 (g) An item of electronic mail, a modem or computer network, or the

16-46 Internet, or any other similar means of communication.

17-1 Sec. 28. Section 26 of chapter 621, Statutes of Nevada 1999, at page

17-2 3395, is hereby amended to read as follows:

17-3 Sec. 26. Commencing in the 2001-2002 school year, the high

17-4 school proficiency examination that, pursuant to NRS 389.015, pupils

17-5 must pass to receive a standard high school diploma must measure the

17-6 performance of pupils on the standards of content and performance in

17-7 English [,] and mathematics [and science] established by the council

17-8 to establish academic standards for public schools created pursuant to

17-9 section 7 of this act and adopted by the state board of education. The

17-10 high school proficiency examination that measures the performance of

17-11 pupils on those standards must first be administered to pupils enrolled

17-12 in grade 11 in the 2001-2002 school year, who must pass the

17-13 examination before the completion of grade 12 to graduate with a

17-14 standard high school diploma in the 2002-2003 school year. Pupils

17-15 who graduate from high school in the 2001-2002 school year are not

17-16 required to pass the examination that measures the performance of

17-17 pupils on the standards established by the council to establish

17-18 academic standards for public schools and adopted by the state board

17-19 of education, but must pass the examination that is administered to

17-20 pupils in the immediately preceding school year.

17-21 Sec. 29. Section 5 of Senate Bill No. 36 of the 71st session of the

17-22 Nevada Legislature is hereby amended to read as follows:

17-23 Sec. 5. NRS 387.303 is hereby amended to read as follows:

17-24 387.303 1. Not later than November 10 of each year, the board

17-25 of trustees of each school district shall submit to the superintendent of

17-26 public instruction and the department of taxation a report which

17-27 includes the following information:

17-28 (a) For each fund within the school district, including, without

17-29 limitation, the school district’s general fund and any special revenue

17-30 fund which receives state money, the total number and salaries of

17-31 licensed and nonlicensed persons whose salaries are paid from the

17-32 fund and who are employed by the school district in full-time

17-33 positions or in part-time positions added together to represent full-

17-34 time positions. Information must be provided for the current school

17-35 year based upon the school district’s final budget, including any

17-36 amendments and augmentations thereto, and for the preceding school

17-37 year. An employee must be categorized as filling an instructional,

17-38 administrative, instructional support or other position.

17-39 (b) The count of pupils computed pursuant to paragraph (a) of

17-40 subsection 1 of NRS 387.1233.

17-41 (c) The school district’s actual expenditures in the fiscal year

17-42 immediately preceding the report.

17-43 (d) The school district’s proposed expenditures for the current

17-44 fiscal year.

17-45 (e) The schedule of salaries for licensed employees in the current

17-46 school year and a statement of whether the negotiations regarding

17-47 salaries for the current school year have been completed. If the

17-48 negotiations have not been completed at the time the schedule of

17-49 salaries is submitted, the board of trustees shall submit a supplemental

18-1 report to the superintendent of public instruction upon completion of

18-2 negotiations or the determination of an arbitrator concerning the

18-3 negotiations that includes the schedule of salaries agreed to or

18-4 required by the arbitrator.

18-5 (f) The number of teachers who received an increase in salary

18-6 pursuant to subsection 2 of NRS 391.160 for the current and

18-7 preceding fiscal years. If the board of trustees is required to pay an

18-8 increase in salary retroactively pursuant to subsection 2 of NRS

18-9 391.160, the board of trustees shall submit a supplemental report to

18-10 the superintendent of public instruction not later than February 15 of

18-11 the year in which the retroactive payment was made that includes the

18-12 number of teachers to whom an increase in salary was paid

18-13 retroactively.

18-14 (g) The number of employees eligible for health insurance within

18-15 the school district for the current and preceding fiscal years and the

18-16 amount paid for health insurance for each such employee during those

18-17 years.

18-18 (h) The rates for fringe benefits, excluding health insurance, paid

18-19 by the school district for its licensed employees in the preceding and

18-20 current fiscal years.

18-21 (i) The amount paid for extra duties, supervision of extracurricular

18-22 activities and supplemental pay and the number of employees

18-23 receiving that pay in the preceding and current fiscal years.

18-24 (j) The expenditures from the account created pursuant to

18-25 subsection 3 of NRS 179.1187. The report must indicate the total

18-26 amount received by the district in the preceding fiscal year, and the

18-27 specific amount spent on books and computer hardware and

18-28 software for each grade level in the district.

18-29 2. On or before November 25 of each year, the superintendent of

18-30 public instruction shall submit to the department of administration and

18-31 the fiscal analysis division of the legislative counsel bureau, in a

18-32 format approved by the director of the department of administration, a

18-33 compilation of the reports made by each school district pursuant to

18-34 subsection 1.

18-35 3. The superintendent of public instruction shall, in the

18-36 compilation required by subsection 2, reconcile the revenues and

18-37 expenditures of the school districts with the apportionment received

18-38 by those districts from the state distributive school account for the

18-39 preceding year.

18-40 Sec. 30. Section 22 of Senate Bill No. 245 of the 71st session of the

18-41 Nevada Legislature is hereby amended to read as follows:

18-42 Sec. 22. NRS 391.019 is hereby amended to read as follows:

18-43 391.019 1. Except as otherwise provided in NRS 391.027, the

18-44 commission:

18-45 (a) Shall adopt regulations:

18-46 (1) Prescribing the qualifications for licensing teachers and other

18-47 educational personnel and the procedures for the issuance and renewal

18-48 of such licenses.

19-1 (2) Identifying fields of specialization in teaching which require

19-2 the specialized training of teachers.

19-3 (3) Except as otherwise provided in section 4 of [this act] Senate

19-4 Bill No. 3 of the 17th special session of the Nevada Legislature,

19-5 requiring teachers to obtain from the department an endorsement in a

19-6 field of specialization to be eligible to teach in that field of

19-7 specialization.

19-8 (4) Setting forth the educational requirements a teacher must

19-9 satisfy to qualify for an endorsement in each field of specialization.

19-10 (5) Setting forth the qualifications and requirements for

19-11 obtaining a license or endorsement to teach American Sign Language

19-12 [.] , including, without limitation, being qualified to engage in the

19-13 practice of interpreting pursuant to subsection 3 of section 9 of this

19-14 act.

19-15 (6) Except as otherwise authorized by subsection 4 of section 9

19-16 of this act, requiring teachers and other educational personnel to

19-17 satisfy the qualifications set forth in subsection 3 of section 9 of this

19-18 act if they:

19-19 (I) Provide instruction or other educational services; and

19-20 (II) Concurrently engage in the practice of interpreting, as

19-21 defined in section 6 of this act.

19-22 (b) May adopt such other regulations as it deems necessary for its

19-23 own government or to carry out its duties.

19-24 2. Any regulation which increases the amount of education,

19-25 training or experience required for licensing:

19-26 (a) Must, in addition to the requirements for publication in chapter

19-27 233B of NRS, be publicized before its adoption in a manner

19-28 reasonably calculated to inform those persons affected by the change.

19-29 (b) Must not become effective until at least 1 year after the date it

19-30 is adopted by the commission.

19-31 (c) Is not applicable to a license in effect on the date the regulation

19-32 becomes effective.

19-33 Sec. 31. 1. To the extent that money is made available by legislative

19-34 appropriation, the department of education shall use that money for

19-35 reimbursement of certain costs of public school teachers related to

19-36 acquiring certification by the National Board for Professional Teaching

19-37 Standards.

19-38 2. If a public school teacher desires to obtain reimbursement from the

19-39 department of education for the costs that will be incurred in acquiring

19-40 certification by the National Board for Professional Teaching Standards, the

19-41 teacher shall file a statement of intended certification with the school

19-42 district or the governing body of the charter school by whom he is

19-43 employed. The statement must be filed at least 1 year before the teacher

19-44 reasonably believes that he will acquire the certification. Upon receipt of

19-45 such a statement, the school district or governing body shall forward a copy

19-46 of the statement to the department of education.

19-47 3. Upon certification, a public school teacher who has filed such a

19-48 statement may request reimbursement by submitting to the school district

19-49 or the governing body of the charter school by whom he is employed:

20-1 (a) A written statement indicating that the teacher understands that if he

20-2 does not teach in a public school in this state, including, without limitation,

20-3 a charter school, for at least 2 years after the date on which he receives the

20-4 reimbursement, he will be required to repay the reimbursement in full to

20-5 the department of education;

20-6 (b) Proof that he has acquired the certification; and

20-7 (c) A statement of the costs incurred by the teacher in acquiring the

20-8 certification.

20-9 4. A school district or the governing body of a charter school shall

20-10 verify the certification and the statement of costs submitted by a teacher

20-11 pursuant to subsection 3. Upon verification, the school district or governing

20-12 body shall notify the department of education of the certification and the

20-13 amount of verified costs and shall request the department to reimburse the

20-14 teacher. Upon receipt of such a request, the department shall cause the

20-15 teacher to be reimbursed if the teacher agrees to teach in a public school in

20-16 this state, including, without limitation, a charter school, for at least 2 years

20-17 after the date on which he receives the reimbursement. Such a

20-18 reimbursement must not exceed an amount equal to the actual verified costs

20-19 incurred by the teacher or $2,000, whichever is less, to the extent that

20-20 money is available for this purpose.

20-21 5. Except as otherwise provided in this subsection, if a teacher who

20-22 receives a reimbursement pursuant to this section does not teach in a public

20-23 school in this state, including, without limitation, a charter school, for at

20-24 least 2 years after the date on which he received the reimbursement, the

20-25 teacher shall repay the full amount of the reimbursement to the department

20-26 of education. The teacher may request that the department of education

20-27 grant a waiver from the repayment required by this subsection. The

20-28 department of education may grant a waiver if the department determines

20-29 that the teacher suffers from a hardship that warrants a waiver. The

20-30 department of education shall prescribe the procedures for the repayment

20-31 required by this subsection and the procedures for a teacher to request a

20-32 waiver from the repayment.

20-33 Sec. 32. The board of trustees of a school district shall pay the

20-34 increase in salary required by subsection 2 of NRS 391.160 retroactively

20-35 for the 2000-2001 school year for each teacher employed by the board of

20-36 trustees who:

20-37 1. Acquired certification by the National Board for Professional

20-38 Teaching Standards in the year 2000;

20-39 2. Submits evidence satisfactory to the school district of the teacher’s

20-40 current certification; and

20-41 3. Provided classroom instruction during the 2000-2001 school year.

20-42 Sec. 33. The legislature hereby finds and declares that a general law

20-43 cannot be made applicable for the provisions of sections 5 to 19, inclusive,

20-44 of this act because of the geographic diversity of the areas served by the

20-45 school districts in this state which creates a need for the training of teachers

20-46 and administrators that is specific to the region in which those teachers and

20-47 administrators are employed. The legislature believes that the creation of

20-48 regional training programs for the professional development of teachers

20-49 and administrators is the most effective way to provide high quality and

21-1 effective professional development training for the teachers and

21-2 administrators employed in this state.

21-3 Sec. 34. On or before July 1, 2001, appointments must be made to the

21-4 governing body of each regional training program for the professional

21-5 development of teachers and administrators pursuant to section 11 of this

21-6 act to terms commencing on that date. A person who serves on a governing

21-7 body before July 1, 2001, may be reappointed pursuant to this section. If a

21-8 person who serves on a governing body before July 1, 2001, is reappointed

21-9 pursuant to this section, his appointment shall be deemed his first term for

21-10 purposes of subsection 3 of section 11 of this act.

21-11 Sec. 35. On or before September 1, 2001, the governing body of each

21-12 regional training program shall appoint a coordinator of the program

21-13 pursuant to section 13 of this act.

21-14 Sec. 36. On or before September 1, 2001, appointments must be made

21-15 to the statewide council for the coordination of the regional training

21-16 programs created pursuant to section 9 of this act.

21-17 Sec. 37. For purposes of the 2001-2002 school year and the 2002-

21-18 2003 school year, the governing body of each regional training program for

21-19 the professional development of teachers and administrators may expend a

21-20 reasonable amount from the budget of the program to pay for the services

21-21 of the coordinator of the program appointed pursuant to section 13 of this

21-22 act. The amount expended pursuant to this section must comply with the

21-23 budget submitted by the governing body to the legislative bureau of

21-24 educational accountability and program evaluation for the 2001-2003

21-25 biennium.

21-26 Sec. 38. Commencing in the 2003-2004 school year, the high school

21-27 proficiency examination that, pursuant to NRS 389.015, pupils must pass

21-28 to receive a standard high school diploma must measure the performance

21-29 of pupils on the standards of content and performance in science

21-30 established by the council to establish academic standards for public

21-31 schools pursuant to NRS 389.520 and adopted by the state board of

21-32 education. The high school proficiency examination that measures the

21-33 performance of pupils in the standards of content and performance in

21-34 science established by the council to establish academic standards for

21-35 public schools must first be administered to pupils enrolled in grade 11 in

21-36 the 2003-2004 school year, who must pass the examination before the

21-37 completion of grade 12 to graduate with a standard high school diploma in

21-38 the 2004-2005 school year. Pupils who graduate in the 2003-2004 school

21-39 year are not required to pass the examination that measures the

21-40 performance of pupils on the standards in science established by the

21-41 council to establish academic standards for public schools, but must pass

21-42 the examination that is administered to pupils in the immediately preceding

21-43 school year.

21-44 Sec. 39. Notwithstanding the provisions of NRS 389.015 to the

21-45 contrary, the board of trustees of a school district and the governing body

21-46 of a charter school shall, for the 2002-2003 school year, administer the

21-47 norm-referenced examinations on reading, mathematics and science that

21-48 are otherwise required to be administered to pupils who are enrolled in

21-49 grade 8 to pupils who are enrolled in grade 7, rather than to pupils who are

22-1 enrolled in grade 8. In addition, the results of the examinations

22-2 administered to pupils enrolled in grade 7 must be reported as the results of

22-3 the examinations are otherwise reported pursuant to NRS 385.347 and

22-4 389.017.

22-5 Sec. 40. 1. If money is appropriated by the legislature for the 2001-

22-6 2003 biennium for the development of a new criterion-referenced

22-7 examination for pupils who are enrolled in grade 8, the state board of

22-8 education shall, on or before December 1, 2002, pursuant to the

22-9 recommendations of the council to establish academic standards for public

22-10 schools, develop or purchase examinations that measure the achievement

22-11 and proficiency of pupils who are enrolled in grade 8 on the standards of

22-12 content and performance established by the council. The examinations

22-13 must be scored by a single entity, the department of education, or a school

22-14 district on behalf of the other school districts.

22-15 2. The department of education shall conduct a pilot program of the

22-16 examinations or the questions included on the examinations in the spring

22-17 semester of 2002.

22-18 3. The examinations must be administered to all pupils, as required by

22-19 NRS 389.550, commencing in the spring semester of 2003. The results of

22-20 those examinations must be used solely to gather information and data

22-21 concerning the examinations.

22-22 Sec. 41. 1. The department of education shall allow the legislative

22-23 counsel bureau to participate, to the extent practicable, in the process for

22-24 the review and selection of contractors for the development, printing,

22-25 administration and scoring of examinations that are required pursuant to

22-26 NRS 389.015 and 389.550. The department shall provide to the legislative

22-27 counsel bureau a copy of any solicitation for bids for such contractors.

22-28 2. The department of education shall not enter into a contract with a

22-29 testing vendor unless the contract includes a provision to allow the testing

22-30 vendor to respond to requests by the legislative counsel bureau for

22-31 information at no additional cost to the department, to the extent that the

22-32 information that is requested will not compromise any proprietary or

22-33 confidentiality agreements.

22-34 Sec. 42. The provisions of this act do not apply to offenses committed

22-35 before July 1, 2001.

22-36 Sec. 43. 1. This section and sections 3, 5 to 19, inclusive, and 33 to

22-37 37, inclusive, of this act become effective upon passage and approval.

22-38 2. Sections 4, 20, 21, 22, 24 to 28, inclusive, 30, 31, 32 and 38 to 42,

22-39 inclusive, of this act become effective on July 1, 2001.

22-40 3. Sections 1 and 23 of this act become effective at 12:01 a.m. on

22-41 July 1, 2001.

22-42 4. Sections 2 and 29 of this act become effective at 12:02 a.m. on

22-43 July 1, 2001.

22-44 H