SB3_EN

Senate Bill No. 3–Joint Rules Committee

CHAPTER..........

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:

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

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

trustees of each school district shall submit to the superintendent of public

instruction and the department of taxation a report which includes the

following information:

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

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

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

nonlicensed persons whose salaries are paid from the fund and who are

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

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

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

final budget, including any amendments and augmentations thereto, and

for the preceding school year. An employee must be categorized as filling

an instructional, administrative, instructional support or other position.

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

subsection 1 of NRS 387.1233.

immediately preceding the report.

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

year.

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

year and a statement of whether the negotiations regarding salaries for the

current school year have been completed. If the negotiations have not been

completed at the time the schedule of salaries is submitted, the board of

trustees shall submit a supplemental report to the superintendent of public

instruction upon completion of negotiations or the determination of an

arbitrator concerning the negotiations that includes the schedule of salaries

agreed to or required by the arbitrator.

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

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

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

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

trustees shall submit a supplemental report to the superintendent of

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

retroactive payment was made that includes the number of teachers to

whom an increase in salary was paid retroactively.

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

school district for the current and preceding fiscal years and the amount

paid for health insurance for each such employee during those years.

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

school district for its licensed employees in the preceding and current

fiscal years.

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

activities and supplemental pay and the number of employees receiving

that pay in the preceding and current fiscal years.

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

public instruction shall submit to the department of administration and the

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

approved by the director of the department of administration, a

compilation of the reports made by each school district pursuant to

subsection 1.

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

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

school districts with the apportionment received by those districts from the

state distributive school account for the preceding year.

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

389.015 1. The board of trustees of each school district shall

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

governing body of a charter school shall administer the same examinations

in the charter school. The examinations administered by the board of

trustees and governing body must determine the achievement and

proficiency of pupils in:

(a) Reading;

(b) Writing;

(d) Science.

2. The examinations required by subsection 1 must be:

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

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

same time. The time for the administration of the examinations must be

prescribed by the state board.

adopted by the state board. The department shall monitor the compliance

of school districts and individual schools with the uniform procedures.

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

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

session of the Nevada Legislature by the department and with the plan

adopted pursuant to section 4 of [this act] Assembly Bill No. 214 of the

71st session of the Nevada Legislature by the board of trustees of the

school district in

which the examinations are administered. The department shall monitor the

compliance of school districts and individual schools with:

(1) The plan adopted by the department; and

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

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

school district is consistent with the plan adopted by the department.

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

contracted with the state board to score the examinations. If a private

entity scores the examinations, it shall report the results of the

examinations in the form and by the date required by the department.

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

are reported to the department by a private entity that scored the

examinations or the department completes the scoring of the examinations,

the superintendent of public instruction shall certify that the results of the

examinations have been transmitted to each school district and each

charter school. Not more than 10 working days after a school district

receives the results of the examinations, the superintendent of schools of

each school district shall certify that the results of the examinations have

been transmitted to each school within the school district. Except as

otherwise provided in this subsection, not more than 15 working days after

each school receives the results of the examinations, the principal of each

school and the governing body of each charter school shall certify that the

results for each pupil have been provided to the parent or legal guardian of

the pupil:

(a) During a conference between the teacher of the pupil or

administrator of the school and the parent or legal guardian of the pupil; or

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

of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall

notify the pupil and the parents or legal guardian of the pupil as soon as

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

results of the examination.

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

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

an examination created by a private entity under regular testing conditions

or with modifications and accommodations that are approved by the

private entity, the pupil may take the examination with modifications and

accommodations that are approved by the state board pursuant to

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

created by the department under regular testing conditions or with

modifications and accommodations that are approved by the department,

the pupil may take the examination with modifications and

accommodations that are approved by the state board pursuant to

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

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

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

standards of proficiency are adopted or other modifications or

accommodations are made in the administration of the examinations for a

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

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

different standards adopted or other modifications or accommodations

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

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

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

the administration of the high school proficiency examination, a pupil with

a disability may be given additional time to complete the examination if

the additional time is a modification or accommodation that is approved in

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

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

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

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

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

examination must be evaluated to determine what remedial study is

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

as demonstrating need for improvement pursuant to subsection 1 of NRS

385.367, the pupil must, in accordance with the requirements set forth in

this subsection, complete remedial study that is determined to be

appropriate for the pupil.

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

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

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

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

reached the age of 17 years.

7. The state board shall prescribe standard examinations of

achievement and proficiency to be administered pursuant to subsection 1.

The high school proficiency examination must be developed, printed and

scored by a nationally recognized testing company in accordance with

the process established by the testing company. The examinations on

reading, mathematics and science prescribed for grades 4, 8 and 10 must

be selected from examinations created by private entities and administered

to a national reference group, and must allow for a comparison of the

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

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

questions contained in the examinations and the approved answers used

for grading them are confidential, and disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the

examinations.

(b) That a disclosure may be made to a:

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

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

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

is necessary for the performance of his duties;

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

necessary for the performance of his duties; and

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

necessary for the performance of his duties.

superintendent of public instruction determines that the content of the

questions and answers is not being used in a current examination and

making the content available to the public poses no threat to the security of

the current examination process.

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

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

modifications and accommodations that may be used in the administration

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

examination under regular testing conditions or with modifications and

accommodations that are approved by the private entity that created the

examination or, if the department created the examination, by the

department. These regulations may include, without limitation, authorizing

a pupil to complete an examination with additional time.

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

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

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

that a shortage of teachers exists within the school district in a

particular subject area, the board of trustees may submit a written

request to the superintendent of public instruction to employ persons

who are licensed teachers but who do not hold an endorsement to teach

in the subject area for which there is a shortage of teachers. The

superintendent of public instruction may grant such a request if the

superintendent determines that a shortage of teachers exists in the

subject area. If the superintendent of public instruction grants a request

pursuant to this subsection, a person who holds a license to teach but

not an endorsement in the subject area for which the request was

granted may be employed by the school district for not more than 2

school years to teach in that subject area.

2. If the superintendent of public instruction grants a request

pursuant to subsection 1, the superintendent shall submit a written

report to the commission that includes the name of the school district for

which the request was granted and the subject area for which the

request was granted. Upon receipt of such a report, the commission shall

consider whether to adopt revisions to the requirements for an

endorsement in that subject area to address the shortage of teachers.

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

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

and 7 of this act have the meanings ascribed to them in those sections.

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

program for the professional development of teachers and

administrators created pursuant to section 8 of this act.

Sec. 7. “Statewide council” means the statewide council for the

coordination of the regional training programs created by section 9 of

this act.

Sec. 8. 1. The Clark County school district, Douglas County school

district, Elko County school district and Washoe County school district

shall each establish and operate a regional training program for the

professional development of teachers and administrators.

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

program established by the Clark County school district must primarily

provide services to teachers and administrators who are employed by

school districts in:

(a) Clark County;

(b) Esmeralda County;

(d) Nye County.

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

program established by the Douglas County school district must

primarily provide services to teachers and administrators who are

employed by school districts in:

(a) Carson City;

(b) Churchill County;

(d) Lyon County; and

(e) Mineral County.

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

program established by the Elko County school district must primarily

provide services to teachers and administrators who are employed by

school districts in:

(a) Elko County;

(b) Eureka County;

(d) Humboldt County; and

(e) White Pine County.

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

program established by the Washoe County school district must

primarily provide services to teachers and administrators who are

employed by school districts in:

(a) Pershing County;

(b) Storey County; and

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

reasonable accommodations for the attendance of teachers and

administrators who are employed by school districts outside the primary

jurisdiction of the regional training program.

Sec. 9. 1. The statewide council for the coordination of the

regional training programs, consisting of eight members, is hereby

created. The membership of the council consists of:

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

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

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

program, appointed by the governing body. The member appointed

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

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

of the statewide council only for the period of his service as coordinator

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

3. Each member appointed by the governing body pursuant to

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

4. Members of the statewide council serve without salary or

compensation for their travel or per diem expenses.

5. The governing bodies of the regional training programs may

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

the administrative support of the statewide council.

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

times per year.

2. The statewide council shall:

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

regional training program in the review and approval by the governing

body of the training to be provided by the regional training program

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

that the training provided by the regional training programs is of high

quality and is effective in addressing the training programs specified in

subsection 1 of section 16 of this act.

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

administrators and teachers concerning the training, programs and

services provided by the regional training programs.

concerning innovative and effective methods to provide professional

development.

(d) Conduct long-range planning concerning the professional

development needs of teachers and administrators employed in this state.

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

regional training program to report the evaluation conducted pursuant

to section 18 of this act.

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

body consisting of:

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

district that is included within the primary jurisdiction of the regional

training program. The superintendent of schools serves ex officio.

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

superintendents of schools of the school districts that are included

within the primary jurisdiction of the regional training program and the

representatives of higher education appointed to the governing body.

Each teacher who wishes to be considered for appointment to the

governing body must submit an application explaining his qualifications

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

school district within the primary jurisdiction of the regional training

program.

of Nevada, appointed by the board of regents, and representatives of

other institutions of higher education, as determined by the

superintendents of school districts included within the primary

jurisdiction of the regional training program.

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

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

chairman from among its membership.

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

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

terms.

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

manner as the original appointment.

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

per year and at the call of the chairman.

2. Members of the governing body serve without salary or

compensation for their travel or per diem expenses.

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

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

the governing body.

2. The coordinator of each regional training program shall:

(a) Serve on the statewide council;

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

directed by the governing body; and

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

training program shall review the budget for the program and submit a

proposed budget to the legislative committee on education. The proposed

budget must include, without limitation, the amount of money requested

by the governing body to pay for the services of the coordinator of the

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

years, the proposed budget must be submitted to the legislative

committee on education at least 4 months before the commencement of

the next regular session of the legislature.

Sec. 15. The governing body of each regional training program

shall:

1. Adopt a training model, taking into consideration other model

programs, including, without limitation, the program used by the

Geographic Alliance in Nevada.

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

employed by the school districts within the primary jurisdiction of the

regional training program and adopt priorities of training for the

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

each such school district may submit recommendations to the

appropriate governing body for the types of training that should be

offered by the regional training program.

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

includes, without limitation:

(a) An assessment of the training needs of teachers and

administrators who are employed by the school districts within the

primary jurisdiction of the regional training program; and

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

training program for the first 2 years covered by the plan.

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

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

administrators employed by the school districts within the primary

jurisdiction of the regional training program.

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

the region and priorities of training adopted by the governing body

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

provide:

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

establish academic standards for public schools pursuant to NRS

389.520; and

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

(1) Training for teachers and school administrators in the

assessment and measurement of pupil achievement and the effective

methods to analyze the test results and scores of pupils to improve the

achievement and proficiency of pupils.

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

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

of teaching. Such training must include instruction in effective methods

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

masters in that content area.

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

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

and providing instruction in basic skills of mathematics computation.

2. The training required pursuant to subsection 1 must:

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

teachers and administrators who have received training through the

program.

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

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

education; and

(2) Pupils whose primary language is not English.

3. The governing body of each regional training program shall

prepare and maintain a list that identifies programs for the professional

development of teachers and administrators that successfully

incorporate the standards of content and performance established by the

council to establish academic standards for public schools pursuant to

NRS 389.520 and other training listed in subsection 1. The governing

body shall provide a copy of the list on an annual basis to school districts

for dissemination to teachers and administrators.

4. A regional training program may include model classrooms that

demonstrate the use of educational technology for teaching and

learning.

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

appropriation or otherwise, a regional training program must pay:

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

necessary to the operation of the program;

(b) Related administrative expenses; and

program.

2. To the extent that money is available from legislative

appropriation or otherwise, a regional training program may provide

incentives for teachers to attend the regional training program,

including, without limitation:

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

endorsement for a license;

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

classrooms; and

Sec. 18. The governing body of each regional training program

shall:

1. Establish a method for the evaluation of the success of the

regional training program. The method must be consistent with the

uniform procedures adopted by the statewide council pursuant to section

10 of this act.

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

state board, the commission, the legislative committee on education and

the legislative bureau of educational accountability and program

evaluation that includes:

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

to section 15 of this act;

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

immediately preceding year;

through the program in the immediately preceding year;

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

the method adopted pursuant to subsection 1; and

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

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

the immediately preceding year.

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

annual report to the state board, the commission, the legislative

committee on education and the legislative bureau of educational

accountability and program evaluation that includes for the immediately

preceding year:

1. The number of teachers and administrators employed by the

school district who received training through the program; and

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

content and performance established by the council to establish

academic standards for public schools pursuant to NRS 389.520.

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

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

commission:

(a) Shall adopt regulations:

(1) Prescribing the qualifications for licensing teachers and other

educational personnel and the procedures for the issuance and renewal of

such licenses.

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

specialized training of teachers.

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

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

of specialization to be eligible to teach in that field of specialization.

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

to qualify for an endorsement in each field of specialization.

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

license or endorsement to teach American Sign Language.

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

government or to carry out its duties.

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

experience required for licensing:

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

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

calculated to inform those persons affected by the change.

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

adopted by the commission.

becomes effective.

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

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

391.070, it is unlawful for:

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

board of trustees of a school district or a governing body of a charter

school to employ, any teacher, instructor, principal or superintendent of

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

a valid declaration to become a citizen or valid petition for naturalization,

or who is not a lawful permanent resident of the United States.

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

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

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

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

permanent resident of the United States.

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

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

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

United States pursuant to federal laws and regulations if:

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

superintendent of public instruction that a shortage of teachers exists in

the subject area for which the person is qualified;

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

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

requirements of subsection 1; and

subject area for which there is a shortage of teachers.

3. A license issued by the superintendent of public instruction

pursuant to subsection 2:

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

entitled to work in the United States pursuant to federal laws and

regulations; and

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

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

license to that person; and

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

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

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

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

issued by the superintendent of public instruction pursuant to subsection

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

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

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

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

teacher who is employed pursuant to subsection 4.

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

guilty of a misdemeanor.

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

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

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

employed pursuant to the provisions of subsection 4 of NRS 391.060 or

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

before entering upon the discharge of his duties.

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

the department . [of education.]

3. The superintendent of public instruction, his deputy superintendents

and other members of the professional staff of the department designated

by the superintendent, members of boards of trustees of school districts,

superintendents of schools, principals of schools and notaries public may

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

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

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

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

not discriminate between male and female employees in the matter of

salary.

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

certification issued by the National Board for Professional Teaching

Standards, a school district shall add 5 percent to the salary that the

teacher would otherwise receive in 1 year for his classification on the

schedule of salaries for the school district if:

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

teacher has submitted evidence satisfactory to the school district of his

current certification; and

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

instruction during that school year.

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

teacher who submits evidence of certification after [September 15]

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

submits evidence of his current certification, the board of trustees of the

school district to whom the evidence was submitted shall pay the

increase in salary required by this subsection retroactively to the

beginning of that school year. Once a teacher has submitted evidence of

such certification to the school district, the school district shall retain the

evidence in its records, as applicable, for future school years. An increase

in salary given in accordance with this subsection is in addition to any

other increase to which the teacher may otherwise be entitled.

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

school district after the teacher has been employed by another school

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

provided in subsection 6:

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

was receiving from his former employer at the end of his former

employment;

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

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

to paragraph (a); and

a classification that is commensurate with the level of education acquired

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

present employer.

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

previous teaching service earned in another state if the commission has

approved the standards for licensing teachers of that state. The

commission shall adopt regulations that establish the criteria by which the

commission will consider the standards for licensing teachers of other

states for the purposes of this subsection. The criteria may include, without

limitation, whether the commission has authorized reciprocal licensure of

educational personnel from the state under consideration.

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

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

administrator has been employed by another school district in this state,

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

(a) Give the administrator the same credit for previous administrative

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

former employment;

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

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

credit given pursuant to paragraph (a); and

district in a classification that is comparable to the classification the

administrator had attained on the schedule of salaries of his former

employer.

6. This section does not:

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

credit for previous teaching or administrative service than the maximum

credit for teaching or administrative experience provided for in the

schedule of salaries established by it for its licensed personnel.

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

his previous teaching or administrative service on the ground that the

service differs in kind from the teaching or administrative experience for

which credit is otherwise given by the school district.

7. As used in this section:

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

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

received credit from his former employer at the beginning of his former

employment; and

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

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

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

from his former employer at the beginning of his former employment; and

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

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

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

other employee for whom a license is required is not entitled to receive

any portion of public money for schools as compensation for services

rendered unless:

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

in which he is teaching or performing other educational functions.

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

educational functions at the level and except as otherwise provided in

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

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

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

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

school pursuant to the provisions of NRS 386.590 and 386.595.

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

new section to read as follows:

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

or electronic communication, knowingly threaten to cause bodily harm

or death to a pupil or employee of a school district or charter school with

the intent to:

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

school district or charter school;

(b) Cause panic or civil unrest; or

limitation, a charter school.

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

who violates the provisions of subsection 1 is guilty of:

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

the circumstances.

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

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

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

distressed;

(2) Panic or civil unrest; or

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

without limitation, a charter school.

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

communication” includes, without limitation, any of the following:

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

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

delivery service.

communication.

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

machine, or any other similar means of communication.

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

other audio or video broadcast or transmission, or any other similar

means of communication.

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

means of communication.

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

Internet, or any other similar means of communication.

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

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

public school by using vile or indecent language within the building or

grounds of the school. Any person who violates any of the provisions of

this subsection is guilty of a misdemeanor.

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

school employee:

(a) Within the building or grounds of the school;

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

by a school district to transport pupils or school employees; or

activity sponsored by a public school.

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

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

provisions of this subsection is guilty of a misdemeanor.

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

manner to interfere with or disturb any persons peaceably assembled

within a building of a public school for school district purposes. Any

person who violates any of the provisions of this subsection is guilty of a

misdemeanor.

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

licensed or unlicensed person employed by a board of trustees of a school

district pursuant to NRS 391.100.

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

new section to read as follows:

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

or electronic communication, knowingly threaten to cause bodily harm

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

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

private school;

(b) Cause panic or civil unrest; or

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

who violates the provisions of subsection 1 is guilty of:

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

the circumstances.

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

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

the threat to be intimidated, frightened, alarmed or distressed;

(2) Panic or civil unrest; or

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

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

communication” includes, without limitation, any of the following:

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

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

delivery service.

communication.

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

machine, or any other similar means of communication.

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

other audio or video broadcast or transmission, or any other similar

means of communication.

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

means of communication.

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

Internet, or any other similar means of communication.

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

3395, is hereby amended to read as follows:

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

school proficiency examination that, pursuant to NRS 389.015, pupils

must pass to receive a standard high school diploma must measure

the performance of pupils on the standards of content and

performance in English [,] and mathematics [and science] established

by the council to establish academic standards for public schools

created pursuant to section 7 of this act and adopted by the state

board of education. The high school proficiency examination that

measures the performance of pupils on those standards must first be

administered to pupils enrolled in grade 11 in the 2001-2002 school

year, who must pass the examination before the completion of grade

12 to graduate with a standard high school diploma in the 2002-2003

school year. Pupils who graduate from high school in the 2001-2002

school year are not required to pass the examination that measures

the performance of pupils on the standards established by the council

to establish academic standards for public schools and adopted by the

state board of education, but must pass the examination that is

administered to pupils in the immediately preceding school year.

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

Nevada Legislature is hereby amended to read as follows:

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

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

of trustees of each school district shall submit to the superintendent

of public instruction and the department of taxation a report which

includes the following information:

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

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

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

licensed and nonlicensed persons whose salaries are paid from the

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

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

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

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

amendments and augmentations thereto, and for the preceding school

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

administrative, instructional support or other position.

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

subsection 1 of NRS 387.1233.

immediately preceding the report.

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

fiscal year.

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

school year and a statement of whether the negotiations regarding

salaries for the current school year have been completed. If the

negotiations have not been completed at the time the schedule of

salaries is submitted, the board of trustees shall submit a

supplemental report to the superintendent of public instruction upon

completion of negotiations or the determination of an arbitrator

concerning the negotiations that includes the schedule of salaries

agreed to or required by the arbitrator.

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

pursuant to subsection 2 of NRS 391.160 for the current and

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

increase in salary retroactively pursuant to subsection 2 of NRS

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

the superintendent of public instruction not later than February 15 of

the year in which the retroactive payment was made that includes the

number of teachers to whom an increase in salary was paid

retroactively.

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

the school district for the current and preceding fiscal years and the

amount paid for health insurance for each such employee during

those years.

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

by the school district for its licensed employees in the preceding and

current fiscal years.

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

activities and supplemental pay and the number of employees

receiving that pay in the preceding and current fiscal years.

(j) The expenditures from the account created pursuant to

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

amount received by the district in the preceding fiscal year, and the

specific amount spent on books and computer hardware and

software for each grade level in the district.

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

public instruction shall submit to the department of administration

and the fiscal analysis division of the legislative counsel bureau, in a

format approved by the director of the department of administration,

a compilation of the reports made by each school district pursuant to

subsection 1.

3. The superintendent of public instruction shall, in the

compilation required by subsection 2, reconcile the revenues and

expenditures of the school districts with the apportionment received

by those districts from the state distributive school account for the

preceding year.

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

Nevada Legislature is hereby amended to read as follows:

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

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

commission:

(a) Shall adopt regulations:

(1) Prescribing the qualifications for licensing teachers and other

educational personnel and the procedures for the issuance and

renewal of such licenses.

(2) Identifying fields of specialization in teaching which require

the specialized training of teachers.

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

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

requiring teachers to obtain from the department an endorsement in a

field of specialization to be eligible to teach in that field of

specialization.

(4) Setting forth the educational requirements a teacher must

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

(5) Setting forth the qualifications and requirements for

obtaining a license or endorsement to teach American Sign Language

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

practice of interpreting pursuant to subsection 3 of section 9 of this

act.

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

of this act, requiring teachers and other educational personnel to

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

act if they:

(I) Provide instruction or other educational services; and

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

defined in section 6 of this act.

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

own government or to carry out its duties.

2. Any regulation which increases the amount of education,

training or experience required for licensing:

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

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

reasonably calculated to inform those persons affected by the change.

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

is adopted by the commission.

becomes effective.

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

appropriation, the department of education shall use that money for

reimbursement of certain costs of public school teachers related to

acquiring certification by the National Board for Professional Teaching

Standards.

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

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

certification by the National Board for Professional Teaching Standards, the

teacher shall file a statement of intended certification with the school

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

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

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

such a statement, the school district or governing body shall forward a

copy of the statement to the department of education.

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

statement may request reimbursement by submitting to the school district

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

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

does not teach in a public school in this state, including, without

limitation, a charter school, for at least 2 years after the date on which he

receives the reimbursement, he will be required to repay the

reimbursement in full to the department of education;

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

certification.

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

verify the certification and the statement of costs submitted by a teacher

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

body shall notify the department of education of the certification and the

amount of verified costs and shall request the department to reimburse the

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

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

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

after the date on which he receives the reimbursement. Such a

reimbursement must not exceed an amount equal to the actual verified

costs incurred by the teacher or $2,000, whichever is less, to the extent that

money is available for this purpose.

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

receives a reimbursement pursuant to this section does not teach in a

public school in this state, including, without limitation, a charter school,

for at least 2 years after the date on which he received the reimbursement,

the teacher shall repay the full amount of the reimbursement to the

department of education. The teacher may request that the department of

education grant a waiver from the repayment required by this subsection.

The department of education may grant a waiver if the department

determines that the teacher suffers from a hardship that warrants a waiver.

The department of education shall prescribe the procedures for the

repayment required by this subsection and the procedures for a teacher to

request a waiver from the repayment.

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

increase in salary required by subsection 2 of NRS 391.160 retroactively

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

trustees who:

1. Acquired certification by the National Board for Professional

Teaching Standards in the year 2000;

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

current certification; and

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

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

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

of this act because of the geographic diversity of the areas served by the

school districts in this state which creates a need for the training of

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

teachers and administrators are employed. The legislature believes that the

creation of regional training programs for the professional development of

teachers and administrators is the most effective way to provide high

quality and effective professional development training for the teachers

and administrators employed in this state.

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

governing body of each regional training program for the professional

development of teachers and administrators pursuant to section 11 of this

act to terms commencing on that date. A person who serves on a

governing body before July 1, 2001, may be reappointed pursuant to this

section. If a person who serves on a governing body before July 1, 2001, is

reappointed pursuant to this section, his appointment shall be deemed his

first term for purposes of subsection 3 of section 11 of this act.

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

regional training program shall appoint a coordinator of the program

pursuant to section 13 of this act.

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

to the statewide council for the coordination of the regional training

programs created pursuant to section 9 of this act.

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

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

for the professional development of teachers and administrators may

expend a reasonable amount from the budget of the program to pay for the

services of the coordinator of the program appointed pursuant to section

13 of this act. The amount expended pursuant to this section must comply

with the budget submitted by the governing body to the legislative bureau

of educational accountability and program evaluation for the 2001-2003

biennium.

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

proficiency examination that, pursuant to NRS 389.015, pupils must pass

to receive a standard high school diploma must measure the performance

of pupils on the standards of content and performance in science

established by the council to establish academic standards for public

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

education. The high school proficiency examination that measures the

performance of pupils in the standards of content and performance in

science established by the council to establish academic standards for

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

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

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

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

year are not required to pass the examination that measures the

performance of pupils on the standards in science established by the

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

the examination that is administered to pupils in the immediately

preceding school year.

Sec. 39. Notwithstanding the provisions of NRS 389.015 to the

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

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

norm-referenced examinations on reading, mathematics and science that

are otherwise required to be administered to pupils who are enrolled in

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

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

administered to pupils enrolled in grade 7 must be reported as the results

of the examinations are otherwise reported pursuant to NRS 385.347 and

389.017.

Sec. 40. 1. If money is appropriated by the legislature for the 2001

-2003 biennium for the development of a new criterion-referenced

examination for pupils who are enrolled in grade 8, the state board of

education shall, on or before December 1, 2002, pursuant to the

recommendations of the council to establish academic standards for public

schools, develop or purchase examinations that measure the achievement

and proficiency of pupils who are enrolled in grade 8 on the standards of

content and performance established by the council. The examinations

must be scored by a single entity, the department of education, or a school

district on behalf of the other school districts.

2. The department of education shall conduct a pilot program of the

examinations or the questions included on the examinations in the spring

semester of 2002.

3. The examinations must be administered to all pupils, as required by

NRS 389.550, commencing in the spring semester of 2003. The results of

those examinations must be used solely to gather information and data

concerning the examinations.

Sec. 41. 1. The department of education shall allow the legislative

counsel bureau to participate, to the extent practicable, in the process for

the review and selection of contractors for the development, printing,

administration and scoring of examinations that are required pursuant to

NRS 389.015 and 389.550. The department shall provide to the legislative

counsel bureau a copy of any solicitation for bids for such contractors.

2. The department of education shall not enter into a contract with a

testing vendor unless the contract includes a provision to allow the testing

vendor to respond to requests by the legislative counsel bureau for

information at no additional cost to the department, to the extent that the

information that is requested will not compromise any proprietary or

confidentiality agreements.

Sec. 42. The provisions of this act do not apply to offenses committed

before July 1, 2001.

Sec. 43. 1. This section and sections 3, 5 to 19, inclusive, and 33 to

37, inclusive, of this act become effective upon passage and approval.

2. Sections 4, 20, 21, 22, 24 to 28, inclusive, 30, 31, 32 and 38 to 42,

inclusive, of this act become effective on July 1, 2001.

3. Sections 1 and 23 of this act become effective at 12:01 a.m. on

July 1, 2001.

4. Sections 2 and 29 of this act become effective at 12:02 a.m. on

July 1, 2001.

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