Senate Bill No. 1–Committee of the Whole

 

June 6, 2003

____________

 

Referred to Committee of the Whole

 

SUMMARY—Makes various changes governing education to facilitate implementation of federal No Child Left Behind Act of 2001. (BDR 34‑0008)

 

FISCAL NOTE:                   Effect on Local Government: Yes.

                   Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

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

 

AN ACT relating to education; requiring the State Board of Education to define the measurement for determining whether this state, each school district and each public school has made adequate yearly progress in accordance with the federal No Child Left Behind Act of 2001; requiring the State Board to prepare an annual report of accountability; requiring the State Board, each school district and each public school to develop a plan to improve the achievement of pupils; revising provisions governing the designations of public schools; requiring the Department of Education to designate school districts based upon the achievement of pupils enrolled in the school district; prescribing the consequences for public schools and school districts that are designated as demonstrating need for improvement; revising provisions governing accountability and reporting; revising provisions governing the examinations that are administered to pupils in public schools; revising provisions governing the qualifications required of certain teachers and paraprofessionals to comply with the federal No Child Left Behind Act of 2001; revising provisions governing the regional training programs for the professional development of teachers and administrators and the Statewide Council for the Coordination of the

Regional Training Programs; making appropriations; revising various other provisions governing education to comply with the federal No Child Left Behind Act of 2001; and providing other matters properly relating thereto.

 

    Whereas, In 1997, the Nevada Legislature adopted the Nevada Education Reform Act which set forth a sound structure of accountability for the public schools in the State of Nevada; and

    Whereas, Since the enactment of the Nevada Education Reform Act of 1997, this state has implemented sweeping reforms to its system of public education, including, without limitation, the adoption of rigorous academic standards of content and performance that demand a high level of quality and performance by pupils and the provision of professional development for teachers and administrators to help pupils meet the challenging new standards; and

    Whereas, On January 8, 2002, the President of the United States signed into law the No Child Left Behind Act of 2001, which contained sweeping changes to the Elementary and Secondary Education Act of 1965; and

    Whereas, The No Child Left Behind Act requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards so that all children, including, without limitation, children with disabilities, children who are limited English proficient, children who are economically disadvantaged and children from major racial and ethnic groups will meet or exceed, not later than 2014, the minimum level of proficiency on the examinations; and

    Whereas, Although certain provisions of the No Child Left Behind Act pertain only to those school districts and public schools, including, without limitation, charter schools, receiving money pursuant to that federal law, the Nevada Legislature acknowledges that by applying some of those provisions statewide to all school districts and all public schools, including, without limitation, charter schools, Nevada’s system of accountability will be further strengthened; and

    Whereas, While the Nevada Education Reform Act of 1997 made a significant contribution toward accomplishing the system of accountability required by the No Child Left Behind Act of 2001, the Nevada Legislature recognizes that there is a need for further reform to ensure that the State of Nevada fully complies with the No Child Left Behind Act; and

    Whereas, The Nevada Education Reform Act of 1997 provides a sound cornerstone from which to launch a new era of accountability in this state; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 385 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 40, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Title I school” means a public school that receives

1-5  money pursuant to the No Child Left Behind Act of 2001, 20

1-6  U.S.C. §§ 6301 et seq., and is obligated to comply with the

1-7  provisions of that federal law.

1-8  Sec. 3.  “Title I school district” means a school district that

1-9  receives money pursuant to the No Child Left Behind Act of 2001,

1-10  20 U.S.C. §§ 6301 et seq., and is obligated to comply with the

1-11  provisions of that federal law.

1-12      Sec. 4.  The provisions of sections 2 to 40, inclusive, of this

1-13  act do not supersede, negate or otherwise limit the effect or

1-14  application of the provisions of chapters 288 and 391 of NRS or

1-15  the rights, remedies and procedures afforded to employees of a

1-16  school district under the terms of collective bargaining

1-17  agreements, memoranda of understanding or other such

1-18  agreements between employees and their employers.

1-19      Sec. 5.  1.  The State Board shall define the measurement

1-20  for determining whether each public school, each school district

1-21  and this state are making adequate yearly progress. The definition

1-22  of adequate yearly progress must:

1-23      (a) Comply with 20 U.S.C. § 6311(b)(2) and the regulations

1-24  adopted pursuant thereto;

1-25      (b) Be designed to ensure that all pupils will meet or exceed

1-26  the minimum level of proficiency set by the State Board, including,

1-27  without limitation:

1-28          (1) Pupils who are economically disadvantaged, as defined

1-29  by the State Board;

1-30          (2) Pupils from major racial and ethnic groups, as defined

1-31  by the State Board;

1-32          (3) Pupils with disabilities; and

1-33          (4) Pupils who are limited English proficient;

1-34      (c) Be based primarily upon the measurement of progress of

1-35  pupils on the examinations administered pursuant to NRS 389.550

1-36  or the high school proficiency examination, as applicable;

2-1  (d) Include annual measurable objectives established pursuant

2-2  to 20 U.S.C. § 6311(b)(2)(G) and the regulations adopted pursuant

2-3  thereto;

2-4  (e) For high schools, include the rate of graduation; and

2-5  (f) For elementary schools, junior high schools and middle

2-6  schools, include the rate of attendance.

2-7  2.  The examination in science must not be included in the

2-8  definition of adequate yearly progress.

2-9  3.  The State Board shall prescribe, by regulation, the

2-10  consequences or sanctions, or both, that apply to a public school

2-11  that is not a Title I school and that has been designated as

2-12  demonstrating need for improvement for 4 consecutive years or

2-13  more. In no event may the consequences or sanctions be more

2-14  strict than the restructuring that applies to Title I schools.

2-15      Sec. 6.  The State Board shall adopt regulations that

2-16  prescribe the criteria to be used for designating:

2-17      1.  Public schools that do not satisfy the criteria for

2-18  demonstrating adequate achievement or need for improvement:

2-19      (a) As demonstrating exemplary achievement.

2-20      (b) As demonstrating high achievement.

2-21      2.  School districts that do not satisfy the criteria for

2-22  demonstrating adequate achievement or need for improvement:

2-23      (a) As demonstrating exemplary achievement.

2-24      (b) As demonstrating high achievement.

2-25      Sec. 7.  1.  The State Board shall adopt regulations that

2-26  prescribe, consistent with 20 U.S.C. §§ 6301 et seq. and the

2-27  regulations adopted pursuant thereto, the manner in which pupils

2-28  enrolled in:

2-29      (a) A program of distance education pursuant to NRS 388.820

2-30  to 388.874, inclusive;

2-31      (b) An alternative program for the education of pupils at risk

2-32  of dropping out of high school; or

2-33      (c) A program of education that:

2-34          (1) Primarily serves pupils with disabilities; or

2-35          (2) Is operated within a:

2-36              (I) Youth training center;

2-37              (II) Youth center;

2-38              (III) Juvenile forestry camp;

2-39              (IV) Detention home;

2-40              (V) Youth camp;

2-41              (VI) Juvenile correctional institution;

2-42              (VII) Child welfare agency; or

2-43              (VIII) Correctional institution,

2-44  will be included within the statewide system of accountability set

2-45  forth in sections 2 to 40, inclusive, of this act.

3-1  2.  The regulations adopted pursuant to subsection 1 must

3-2  also set forth the manner in which:

3-3  (a) The progress of pupils enrolled in a program of distance

3-4  education, an alternative program or a program of education

3-5  described in subsection 1 will be accounted for within the

3-6  statewide system of accountability; and

3-7  (b) The results of pupils enrolled in a program of distance

3-8  education, an alternative program or a program of education

3-9  described in subsection 1 on the examinations administered

3-10  pursuant to NRS 389.015 and 389.550 will be reported.

3-11      Sec. 8.  1.  The State Board shall prepare an annual report

3-12  of accountability that includes, without limitation:

3-13      (a) Information on the achievement of all pupils based upon

3-14  the results of the examinations administered pursuant to NRS

3-15  389.015 and 389.550, reported for each school district, including,

3-16  without limitation, each charter school in the district, and for this

3-17  state as a whole.

3-18      (b) Except as otherwise provided in subsection 2, pupil

3-19  achievement, reported separately by gender and reported

3-20  separately for the following subgroups of pupils:

3-21          (1) Pupils who are economically disadvantaged, as defined

3-22  by the State Board;

3-23          (2) Pupils from major racial and ethnic groups, as defined

3-24  by the State Board;

3-25          (3) Pupils with disabilities;

3-26          (4) Pupils who are limited English proficient; and

3-27          (5) Pupils who are migratory children, as defined by the

3-28  State Board.

3-29      (c) A comparison of the achievement of pupils in each

3-30  subgroup identified in paragraph (b) of subsection 1 of section 5

3-31  of this act with the annual measurable objectives of the State

3-32  Board.

3-33      (d) The percentage of all pupils who were not tested, reported

3-34  for each school district, including, without limitation, each charter

3-35  school in the district, and for this state as a whole.

3-36      (e) Except as otherwise provided in subsection 2, the

3-37  percentage of pupils who were not tested, reported separately by

3-38  gender and reported separately for the subgroups identified in

3-39  paragraph (b).

3-40      (f) The most recent 3-year trend in the achievement of pupils

3-41  in each subject area tested and each grade level tested pursuant to

3-42  NRS 389.015 and 389.550, reported for each school district,

3-43  including, without limitation, each charter school in the district,

3-44  and for this state as a whole, which may include information

4-1  regarding the trend in the achievement of pupils for more than 3

4-2  years, if such information is available.

4-3  (g) Information on whether each school district has made

4-4  adequate yearly progress, including, without limitation, the name

4-5  of each school district, if any, designated as demonstrating need

4-6  for improvement pursuant to section 35 of this act and the number

4-7  of consecutive years that the school district has carried that

4-8  designation.

4-9  (h) Information on whether each public school, including,

4-10  without limitation, each charter school, has made adequate yearly

4-11  progress, including, without limitation, the name of each public

4-12  school, if any, designated as demonstrating need for improvement

4-13  pursuant to section 16 of this act and the number of consecutive

4-14  years that the school has carried that designation.

4-15      (i) Information on the results of pupils who participated in the

4-16  examinations of the National Assessment of Educational Progress

4-17  required pursuant to NRS 389.012.

4-18      (j) The ratio of pupils to teachers in kindergarten and at each

4-19  grade level for all elementary schools, reported for each school

4-20  district, including, without limitation, each charter school in the

4-21  district, and for this state as a whole, and the average class size for

4-22  each core academic subject, as set forth in NRS 389.018, for each

4-23  secondary school, reported for each school district and for this

4-24  state as a whole.

4-25      (k) For each school district, including, without limitation, each

4-26  charter school in the district, and for this state as a whole,

4-27  information on the professional qualifications of teachers

4-28  employed by the school districts and charter schools, including,

4-29  without limitation:

4-30          (1) The percentage of teachers who are:

4-31              (I) Providing instruction pursuant to NRS 391.125;

4-32              (II) Providing instruction pursuant to a waiver of the

4-33  requirements for licensure for the grade level or subject area in

4-34  which the teachers are employed; or

4-35              (III) Otherwise providing instruction without an

4-36  endorsement for the subject area in which the teachers are

4-37  employed;

4-38          (2) The percentage of classes in the core academic subjects,

4-39  as set forth in NRS 389.018, in this state that are not taught by

4-40  highly qualified teachers; and

4-41          (3) The percentage of classes in the core academic subjects,

4-42  as set forth in NRS 389.018, in this state that are not taught by

4-43  highly qualified teachers, in the aggregate and disaggregated by

4-44  high-poverty compared to low-poverty schools, which for the

5-1  purposes of this subparagraph, means schools in the top quartile

5-2  of poverty and the bottom quartile of poverty in this state.

5-3  (l) The total expenditure per pupil for each school district in

5-4  this state, including, without limitation, each charter school in the

5-5  district. If this state has a financial analysis program that is

5-6  designed to track educational expenditures and revenues to

5-7  individual schools, the State Board shall use that statewide

5-8  program in complying with this paragraph. If a statewide program

5-9  is not available, the State Board shall use the Department’s own

5-10  financial analysis program in complying with this paragraph.

5-11      (m) The total statewide expenditure per pupil. If this state has

5-12  a financial analysis program that is designed to track educational

5-13  expenditures and revenues to individual schools, the State Board

5-14  shall use that statewide program in complying with this

5-15  paragraph. If a statewide program is not available, the State Board

5-16  shall use the Department’s own financial analysis program in

5-17  complying with this paragraph.

5-18      (n) For all elementary schools, junior high schools and middle

5-19  schools, the rate of attendance, reported for each school district,

5-20  including, without limitation, each charter school in the district,

5-21  and for this state as a whole.

5-22      (o) The annual rate of pupils who drop out of school in grades

5-23  9 to 12, inclusive, reported for each school district, including,

5-24  without limitation, each charter school in the district, and for this

5-25  state as a whole, excluding pupils who:

5-26          (1) Provide proof to the school district of successful

5-27  completion of the examinations of general educational

5-28  development.

5-29          (2) Are enrolled in courses that are approved by the

5-30  Department as meeting the requirements for an adult standard

5-31  diploma.

5-32          (3) Withdraw from school to attend another school.

5-33      (p) The attendance of teachers who provide instruction,

5-34  reported for each school district, including, without limitation,

5-35  each charter school in the district, and for this state as a whole.

5-36      (q) Incidents involving weapons or violence, reported for each

5-37  school district, including, without limitation, each charter school

5-38  in the district, and for this state as a whole.

5-39      (r) Incidents involving the use or possession of alcoholic

5-40  beverages or controlled substances, reported for each school

5-41  district, including, without limitation, each charter school in the

5-42  district, and for this state as a whole.

5-43      (s) The suspension and expulsion of pupils required or

5-44  authorized pursuant to NRS 392.466 and 392.467, reported for

6-1  each school district, including, without limitation, each charter

6-2  school in the district, and for this state as a whole.

6-3  (t) The number of pupils who are deemed habitual disciplinary

6-4  problems pursuant to NRS 392.4655, reported for each school

6-5  district, including, without limitation, each charter school in the

6-6  district, and for this state as a whole.

6-7  (u) The number of pupils in each grade who are retained in

6-8  the same grade pursuant to NRS 392.033 or 392.125, reported for

6-9  each school district, including, without limitation, each charter

6-10  school in the district, and for this state as a whole.

6-11      (v) The transiency rate of pupils, reported for each school

6-12  district, including, without limitation, each charter school in the

6-13  district, and for this state as a whole. For the purposes of this

6-14  paragraph, a pupil is not a transient if he is transferred to a

6-15  different school within the school district as a result of a change in

6-16  the zone of attendance by the board of trustees of the school

6-17  district pursuant to NRS 388.040.

6-18      (w) Each source of funding for this state to be used for the

6-19  system of public education.

6-20      (x) The amount and sources of money received by this state for

6-21  remedial education.

6-22      (y) The percentage of pupils who graduated from a high

6-23  school or charter school in the immediately preceding year and

6-24  enrolled in remedial courses in reading, writing or mathematics at

6-25  a university or community college within the University and

6-26  Community College System of Nevada, reported for each school

6-27  district, including, without limitation, each charter school in the

6-28  district, and for this state as a whole.

6-29      (z) The technological facilities and equipment available for

6-30  educational purposes, reported for each school district, including,

6-31  without limitation, each charter school in the district, and for this

6-32  state as a whole.

6-33      (aa) For each school district, including, without limitation,

6-34  each charter school in the district, and for this state as a whole,

6-35  the number and percentage of pupils who received:

6-36          (1) A standard high school diploma.

6-37          (2) An adjusted diploma.

6-38          (3) A certificate of attendance.

6-39      (bb) The number and percentage of pupils who did not receive

6-40  a high school diploma because the pupils failed to pass the high

6-41  school proficiency examination, reported for each school district,

6-42  including, without limitation, each charter school in the district,

6-43  and for this state as a whole.

6-44      (cc) The number of habitual truants who are reported to a

6-45  school police officer or local law enforcement agency pursuant to

7-1  paragraph (a) of subsection 2 of NRS 392.144 and the number of

7-2  habitual truants who are referred to an advisory board to review

7-3  school attendance pursuant to paragraph (b) of subsection 2 of

7-4  NRS 392.144, reported for each school district, including, without

7-5  limitation, each charter school in the district, and for this state as

7-6  a whole.

7-7  (dd) Information on the paraprofessionals employed at public

7-8  schools in this state, including, without limitation, the charter

7-9  schools in this state. The information must include:

7-10          (1) The number of paraprofessionals employed, reported

7-11  for each school district, including, without limitation, each charter

7-12  school in the district, and for this state as a whole; and

7-13          (2) For each school district, including, without limitation,

7-14  each charter school in the district, and for this state as a whole,

7-15  the number and percentage of all paraprofessionals who do not

7-16  satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The

7-17  reporting requirements of this subparagraph apply to

7-18  paraprofessionals who are employed in programs supported with

7-19  Title I money and to paraprofessionals who are not employed in

7-20  programs supported with Title I money.

7-21      (ee) An identification of appropriations made by the

7-22  Legislature to improve the academic achievement of pupils and

7-23  programs approved by the Legislature to improve the academic

7-24  achievement of pupils.

7-25      2.  A separate reporting for a subgroup of pupils must not be

7-26  made pursuant to this section if the number of pupils in that

7-27  subgroup is insufficient to yield statistically reliable information

7-28  or the results would reveal personally identifiable information

7-29  about an individual pupil. The State Board shall prescribe a

7-30  mechanism for determining the minimum number of pupils that

7-31  must be in a subgroup for that subgroup to yield statistically

7-32  reliable information.

7-33      3.  The annual report of accountability must:

7-34      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations

7-35  adopted pursuant thereto;

7-36      (b) Be prepared in a concise manner; and

7-37      (c) Be presented in an understandable and uniform format

7-38  and, to the extent practicable, provided in a language that parents

7-39  can understand.

7-40      4.  On or before September 1 of each year, the State Board

7-41  shall provide for public dissemination of the annual report of

7-42  accountability and submit a copy of the report to the:

7-43      (a) Governor;

7-44      (b) Committee;

7-45      (c) Bureau;

8-1  (d) Board of Regents of the University of Nevada;

8-2  (e) Board of trustees of each school district; and

8-3  (f) Governing body of each charter school.

8-4  5.  As used in this section:

8-5  (a) “Highly qualified” has the meaning ascribed to it in 20

8-6  U.S.C. § 7801(23).

8-7  (b) “Paraprofessional” has the meaning ascribed to it in

8-8  section 73 of this act.

8-9  Sec. 9.  1.  The State Board shall prepare a plan to improve

8-10  the achievement of pupils enrolled in the public schools in this

8-11  state. The plan:

8-12      (a) Must be prepared in consultation with:

8-13          (1) Employees of the Department;

8-14          (2) At least one employee of a school district in a county

8-15  whose population is 100,000 or more, appointed by the Nevada

8-16  School Boards Association;

8-17          (3) At least one employee of a school district in a county

8-18  whose population is less than 100,000, appointed by the Nevada

8-19  School Boards Association; and

8-20          (4) At least one representative of the Statewide Council for

8-21  the Coordination of the Regional Training Programs created by

8-22  NRS 391.516, appointed by the Council; and

8-23      (b) May be prepared in consultation with:

8-24          (1) Representatives of institutions of higher education;

8-25          (2) Representatives of regional educational laboratories;

8-26          (3) Representatives of outside consultant groups;

8-27          (4) Representatives of the regional training programs for

8-28  the professional development of teachers and administrators

8-29  established pursuant to NRS 391.512;

8-30          (5) The Bureau; and

8-31          (6) Other persons who the State Board determines are

8-32  appropriate.

8-33      2.  A plan to improve the achievement of pupils enrolled in

8-34  public schools in this state must include:

8-35      (a) A review and analysis of the data upon which the report

8-36  required pursuant to section 8 of this act is based and a review and

8-37  analysis of any data that is more recent than the data upon which

8-38  the report is based.

8-39      (b) The identification of any problems or factors common

8-40  among the school districts or charter schools in this state, as

8-41  revealed by the review and analysis.

8-42      (c) Strategies based upon scientifically based research, as

8-43  defined in 20 U.S.C. § 7801(37), that will strengthen the core

8-44  academic subjects, as set forth in NRS 389.018.

9-1  (d) Strategies to improve the academic achievement of pupils

9-2  enrolled in public schools in this state, including, without

9-3  limitation, strategies to:

9-4       (1) Instruct pupils who are not achieving to their fullest

9-5  potential;

9-6       (2) Increase the rate of attendance of pupils and reduce the

9-7  number of pupils who drop out of school;

9-8       (3) Integrate technology into the instructional and

9-9  administrative programs of the school districts;

9-10          (4) Manage effectively the discipline of pupils; and

9-11          (5) Enhance the professional development offered for the

9-12  teachers and administrators employed at public schools in this

9-13  state to include the activities set forth in 20 U.S.C. § 7801(34), as

9-14  deemed appropriate by the State Board.

9-15      (e) Strategies designed to provide to the pupils enrolled in

9-16  middle school, junior high school and high school, the teachers

9-17  and counselors who provide instruction to those pupils, and the

9-18  parents and guardians of those pupils information concerning:

9-19          (1) The requirements for admission to an institution of

9-20  higher education and the opportunities for financial aid;

9-21          (2) The availability of millennium scholarships pursuant to

9-22  NRS 396.911 to 396.938, inclusive; and

9-23          (3) The need for a pupil to make informed decisions about

9-24  his curriculum in middle school, junior high school and high

9-25  school in preparation for success after graduation.

9-26      (f) An identification, by category, of the employees of the

9-27  Department who are responsible for ensuring that each provision

9-28  of the plan is carried out effectively.

9-29      (g) For each provision of the plan, a timeline for carrying out

9-30  that provision, including, without limitation, a timeline for

9-31  monitoring whether the provision is carried out effectively.

9-32      (h) For each provision of the plan, measurable criteria for

9-33  determining whether the provision has contributed toward

9-34  improving the academic achievement of pupils, increasing the rate

9-35  of attendance of pupils and reducing the number of pupils who

9-36  drop out of school.

9-37      (i) Strategies to improve the allocation of resources from this

9-38  state, by program and by school district, in a manner that will

9-39  improve the academic achievement of pupils. If this state has a

9-40  financial analysis program that is designed to track educational

9-41  expenditures and revenues to individual schools, the State Board

9-42  shall use that statewide program in complying with this

9-43  paragraph. If a statewide program is not available, the State Board

9-44  shall use the Department’s own financial analysis program in

9-45  complying with this paragraph.

10-1      (j) Based upon the reallocation of resources set forth in

10-2  paragraph (i), the resources available to the State Board and the

10-3  Department to carry out the plan.

10-4      (k) A summary of the effectiveness of appropriations made by

10-5  the Legislature to improve the academic achievement of pupils

10-6  and programs approved by the Legislature to improve the

10-7  academic achievement of pupils.

10-8      3.  The State Board shall:

10-9      (a) Review the plan prepared pursuant to this section annually

10-10  to evaluate the effectiveness of the plan; and

10-11     (b) Based upon the evaluation of the plan, make revisions, as

10-12  necessary, to ensure that the plan is designed to improve the

10-13  academic achievement of pupils enrolled in public schools in this

10-14  state.

10-15     4.  On or before December 15 of each year, the State Board

10-16  shall submit the plan or the revised plan, as applicable, to the:

10-17     (a) Governor;

10-18     (b) Committee;

10-19     (c) Bureau;

10-20     (d) Board of Regents of the University of Nevada;

10-21     (e) Council to Establish Academic Standards for Public

10-22  Schools created by NRS 389.510;

10-23     (f) Board of trustees of each school district; and

10-24     (g) Governing body of each charter school.

10-25     Sec. 10.  1.  The board of trustees of each school district

10-26  shall, in consultation with the employees of the school district,

10-27  prepare a plan to improve the achievement of pupils enrolled in

10-28  the school district, excluding pupils who are enrolled in charter

10-29  schools located in the school district. If the school district is a Title

10-30  I school district designated as demonstrating need for

10-31  improvement pursuant to section 35 of this act, the plan must also

10-32  be prepared in consultation with parents and guardians of pupils

10-33  enrolled in the school district and other persons who the board of

10-34  trustees determines are appropriate.

10-35     2.  Except as otherwise provided in this subsection, the plan

10-36  must include the items set forth in 20 U.S.C. § 6316(c)(7) and the

10-37  regulations adopted pursuant thereto. If a school district has not

10-38  been designated as demonstrating need for improvement pursuant

10-39  to section 35 of this act, the board of trustees of the school district

10-40  is not required to include those items set forth in 20 U.S.C. §

10-41  6316(c)(7) and the regulations adopted pursuant thereto that

10-42  directly relate to the status of a school district as needing

10-43  improvement.

11-1      3.  In addition to the requirements of subsection 2, a plan to

11-2  improve the achievement of pupils enrolled in a school district

11-3  must include:

11-4      (a) A review and analysis of the data upon which the report

11-5  required pursuant to subsection 2 of NRS 385.347 is based and a

11-6  review and analysis of any data that is more recent than the data

11-7  upon which the report is based.

11-8      (b) The identification of any problems or factors at individual

11-9  schools that are revealed by the review and analysis.

11-10     (c) Strategies based upon scientifically based research, as

11-11  defined in 20 U.S.C. § 7801(37), that will strengthen the core

11-12  academic subjects, as set forth in NRS 389.018.

11-13     (d) Strategies to improve the academic achievement of pupils

11-14  enrolled in the school district including, without limitation,

11-15  strategies to:

11-16         (1) Instruct pupils who are not achieving to their fullest

11-17  potential;

11-18         (2) Increase the rate of attendance of pupils and reduce the

11-19  number of pupils who drop out of school;

11-20         (3) Integrate technology into the instructional and

11-21  administrative programs of the school district;

11-22         (4) Manage effectively the discipline of pupils; and

11-23         (5) Enhance the professional development offered for the

11-24  teachers and administrators employed by the school district to

11-25  include the activities set forth in 20 U.S.C. § 7801(34), as deemed

11-26  appropriate by the board of trustees of the school district.

11-27     (e) An identification, by category, of the employees of the

11-28  school district who are responsible for ensuring that each

11-29  provision of the plan is carried out effectively.

11-30     (f) In consultation with the Department, an identification, by

11-31  category, of the employees of the Department, if any, who are

11-32  responsible for overseeing and monitoring whether the plan is

11-33  carried out effectively.

11-34     (g) For each provision of the plan, a timeline for carrying out

11-35  that provision, including, without limitation, a timeline for

11-36  monitoring whether the provision is carried out effectively.

11-37     (h) For each provision of the plan, measurable criteria for

11-38  determining whether the provision has contributed toward

11-39  improving the academic achievement of pupils, increasing the rate

11-40  of attendance of pupils and reducing the number of pupils who

11-41  drop out of school.

11-42     (i) Strategies to improve the allocation of resources from the

11-43  school district, by program and by school, in a manner that will

11-44  improve the academic achievement of pupils. If this state has a

11-45  financial analysis program that is designed to track educational

12-1  expenditures and revenues to individual schools, each school

12-2  district shall use that statewide program in complying with this

12-3  paragraph. If a statewide program is not available, each school

12-4  district shall use its own financial analysis program in complying

12-5  with this paragraph.

12-6      (j) Based upon the reallocation of resources set forth in

12-7  paragraph (i), the resources available to the school district to carry

12-8  out the plan.

12-9      (k) A summary of the effectiveness of appropriations made by

12-10  the Legislature that are available to the school district or the

12-11  schools within the school district to improve the academic

12-12  achievement of pupils and programs approved by the Legislature

12-13  to improve the academic achievement of pupils.

12-14     4.  The board of trustees of each school district shall:

12-15     (a) Review the plan prepared pursuant to this section annually

12-16  to evaluate the effectiveness of the plan; and

12-17     (b) Based upon the evaluation of the plan, make revisions, as

12-18  necessary, to ensure that the plan is designed to improve the

12-19  academic achievement of pupils enrolled in the school district.

12-20     5.  On or before December 15 of each year, the board of

12-21  trustees of each school district shall submit the plan or the revised

12-22  plan, as applicable, to the:

12-23     (a) Superintendent of Public Instruction;

12-24     (b) Governor;

12-25     (c) State Board;

12-26     (d) Department;

12-27     (e) Committee; and

12-28     (f) Bureau.

12-29     Sec. 11.  1.  The principal of each school, including, without

12-30  limitation, each charter school, shall, in consultation with the

12-31  employees of the school, prepare a plan to improve the

12-32  achievement of the pupils enrolled in the school.

12-33     2.  The plan developed pursuant to subsection 1 must include:

12-34     (a) A review and analysis of the data pertaining to the school

12-35  upon which the report required pursuant to subsection 2 of NRS

12-36  385.347 is based and a review and analysis of any data that is

12-37  more recent than the data upon which the report is based.

12-38     (b) The identification of any problems or factors at the school

12-39  that are revealed by the review and analysis.

12-40     (c) Strategies based upon scientifically based research, as

12-41  defined in 20 U.S.C. § 7801(37), that will strengthen the core

12-42  academic subjects, as defined in NRS 389.018.

12-43     (d) Policies and practices concerning the core academic

12-44  subjects which have the greatest likelihood of ensuring that each

12-45  subgroup of pupils identified in paragraph (b) of subsection 1 of

13-1  section 5 of this act who are enrolled in the school will make

13-2  adequate yearly progress and meet the minimum level of

13-3  proficiency prescribed by the State Board.

13-4      (e) Annual measurable objectives, consistent with the annual

13-5  measurable objectives established by the State Board pursuant to

13-6  section 5 of this act, for the continuous and substantial progress

13-7  by each subgroup of pupils identified in paragraph (b) of

13-8  subsection 1 of that section who are enrolled in the school to

13-9  ensure that each subgroup will make adequate yearly progress and

13-10  meet the level of proficiency prescribed by the State Board.

13-11     (f) Strategies, consistent with the policy adopted pursuant to

13-12  NRS 392.457 by the board of trustees of the school district in

13-13  which the school is located, to promote effective involvement by

13-14  parents and families of pupils enrolled in the school in the

13-15  education of their children.

13-16     (g) As appropriate, programs of remedial education or tutoring

13-17  to be offered before and after school, during the summer, or

13-18  between sessions if the school operates on a year-round calendar

13-19  for pupils enrolled in the school who need additional instructional

13-20  time to pass or to reach a level considered proficient.

13-21     (h) Strategies to improve the academic achievement of pupils

13-22  enrolled in the school, including, without limitation, strategies to:

13-23         (1) Instruct pupils who are not achieving to their fullest

13-24  potential;

13-25         (2) Increase the rate of attendance of pupils and reduce the

13-26  number of pupils who drop out of school;

13-27         (3) Integrate technology into the instructional and

13-28  administrative programs of the school;

13-29         (4) Manage effectively the discipline of pupils; and

13-30         (5) Enhance the professional development offered for the

13-31  teachers and administrators employed at the school to include the

13-32  activities set forth in 20 U.S.C. § 7801(34), as deemed appropriate

13-33  by the principal and other persons and entities responsible for the

13-34  development of the plan.

13-35     (i) An identification, by category, of the employees of the

13-36  school who are responsible for ensuring that the plan is carried

13-37  out effectively.

13-38     (j) In consultation with the school district or governing body,

13-39  as applicable, an identification, by category, of the employees of

13-40  the school district or governing body, if any, who are responsible

13-41  for ensuring that the plan is carried out effectively or for

13-42  overseeing and monitoring whether the plan is carried out

13-43  effectively.

13-44     (k) In consultation with the Department, an identification, by

13-45  category, of the employees of the Department, if any, who are

14-1  responsible for overseeing and monitoring whether the plan is

14-2  carried out effectively.

14-3      (l) For each provision of the plan, a timeline for carrying out

14-4  that provision, including, without limitation, a timeline for

14-5  monitoring whether the provision is carried out effectively.

14-6      (m) For each provision of the plan, measurable criteria for

14-7  determining whether the provision has contributed toward

14-8  improving the academic achievement of pupils, increasing the rate

14-9  of attendance of pupils and reducing the number of pupils who

14-10  drop out of school.

14-11     (n) The resources available to the school to carry out the plan.

14-12  If this state has a financial analysis program that is designed to

14-13  track educational expenditures and revenues to individual schools,

14-14  each school shall use that statewide program in complying with

14-15  this paragraph. If a statewide program is not available, each

14-16  school shall use the financial analysis program used by the school

14-17  district in which the school is located in complying with this

14-18  paragraph.

14-19     (o) A summary of the effectiveness of appropriations made by

14-20  the Legislature that are available to the school to improve the

14-21  academic achievement of pupils and programs approved by the

14-22  Legislature to improve the academic achievement of pupils.

14-23     3.  In addition to the requirements of subsection 2, if a school

14-24  has been designated as demonstrating need for improvement

14-25  pursuant to section 16 of this act, the plan must comply with 20

14-26  U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

14-27     4.  Except as otherwise provided in subsection 5, the principal

14-28  of each school shall, in consultation with the employees of the

14-29  school:

14-30     (a) Review the plan prepared pursuant to this section annually

14-31  to evaluate the effectiveness of the plan; and

14-32     (b) Based upon the evaluation of the plan, make revisions, as

14-33  necessary, to ensure that the plan is designed to improve the

14-34  academic achievement of pupils enrolled in the school.

14-35     5.  If a school has been designated as demonstrating need for

14-36  improvement pursuant to section 16 of this act, the technical

14-37  assistance partnership or the support team established for the

14-38  school, as applicable, shall review the plan and make revisions to

14-39  the most recent plan for improvement of the school pursuant to

14-40  section 20 or 25 of this act, as applicable. If the school is a Title I

14-41  school that has been designated as demonstrating need for

14-42  improvement, the technical assistance partnership or support team

14-43  established for the school, as applicable, shall, in making revisions

14-44  to the plan, work in consultation with parents and guardians of

14-45  pupils enrolled in the school and, to the extent deemed appropriate

15-1  by the entity responsible for creating the partnership or support

15-2  team, outside experts.

15-3      6.  On or before November 1 of each year, the principal of

15-4  each school, or the technical assistance partnership or support

15-5  team established for the school, as applicable, shall submit the

15-6  plan or the revised plan, as applicable, to:

15-7      (a) If the school is a public school of the school district, the

15-8  superintendent of schools of the school district.

15-9      (b) If the school is a charter school, the governing body of the

15-10  charter school.

15-11     7.  If a Title I school is designated as demonstrating need for

15-12  improvement pursuant to section 16 of this act, the superintendent

15-13  of schools of the school district or the governing body, as

15-14  applicable, shall carry out a process for peer review of the plan or

15-15  the revised plan, as applicable, in accordance with 20 U.S.C. §

15-16  6316(b)(3)(E) and the regulations adopted pursuant thereto. Not

15-17  later than 45 days after receipt of the plan, the superintendent of

15-18  schools of the school district or the governing body, as applicable,

15-19  shall approve the plan or the revised plan, as applicable, if it meets

15-20  the requirements of 20 U.S.C. § 6316(b)(3) and the regulations

15-21  adopted pursuant thereto and the requirements of this section. The

15-22  superintendent of schools of the school district or the governing

15-23  body, as applicable, may condition approval of the plan or the

15-24  revised plan, as applicable, in the manner set forth in 20 U.S.C. §

15-25  6316(b)(3)(B) and the regulations adopted pursuant thereto. The

15-26  State Board shall prescribe the requirements for the process of

15-27  peer review, including, without limitation, the qualifications of

15-28  persons who may serve as peer reviewers.

15-29     8.  If a school is designated as demonstrating exemplary

15-30  achievement, high achievement or adequate achievement, or if a

15-31  school that is not a Title I school is designated as demonstrating

15-32  need for improvement, not later than 45 days after receipt of the

15-33  plan or the revised plan, as applicable, the superintendent of

15-34  schools of the school district or the governing body, as applicable,

15-35  shall approve the plan or the revised plan if it meets the

15-36  requirements of this section.

15-37     9.  On or before December 15 of each year, the principal of

15-38  each school, or the technical assistance partnership or support

15-39  team established for the school, as applicable, shall submit the

15-40  final plan or the final revised plan, as applicable, to the:

15-41     (a) Superintendent of Public Instruction;

15-42     (b) Governor;

15-43     (c) State Board;

15-44     (d) Department;

15-45     (e) Committee;

16-1      (f) Bureau; and

16-2      (g) Board of trustees of the school district in which the school

16-3  is located.

16-4      10.  A plan for the improvement of a school must be carried

16-5  out expeditiously, but not later than January 1 after approval of

16-6  the plan pursuant to subsection 7 or 8, as applicable.

16-7      Sec. 12.  1.  On or before June 15 of each year, the

16-8  Department shall determine whether each public school is making

16-9  adequate yearly progress, as defined by the State Board pursuant

16-10  to section 5 of this act. The determination for a public school,

16-11  including, without limitation, a charter school sponsored by the

16-12  board of trustees of the school district, must be made in

16-13  consultation with the board of trustees of the school district in

16-14  which the public school is located. If a charter school is sponsored

16-15  by the State Board, the Department shall make a determination for

16-16  the charter school in consultation with the State Board. The

16-17  determination made for each school must be based only upon the

16-18  information and data for those pupils who are enrolled in the

16-19  school for a full academic year. On or before June 15 of each

16-20  year, the Department shall transmit:

16-21     (a) Except as otherwise provided in paragraph (b), the

16-22  determination made for each public school to the board of trustees

16-23  of the school district in which the public school is located.

16-24     (b) To the State Board the determination made for each

16-25  charter school that is sponsored by the State Board.

16-26     2.  Except as otherwise provided in this subsection, the

16-27  Department shall determine that a public school has failed to

16-28  make adequate yearly progress if any subgroup identified in

16-29  paragraph (b) of subsection 1 of section 5 of this act does not

16-30  satisfy the annual measurable objectives established by the State

16-31  Board pursuant to that section. To comply with 20 U.S.C. §

16-32  6311(b)(2)(I) and the regulations adopted pursuant thereto, the

16-33  State Board shall prescribe by regulation the conditions under

16-34  which a school shall be deemed to have made adequate yearly

16-35  progress even though a subgroup identified in paragraph (b) of

16-36  subsection 1 of section 4 of this act did not satisfy the annual

16-37  measurable objectives of the State Board.

16-38     3.  In addition to the provisions of subsection 2, the

16-39  Department shall determine that a public school has failed to

16-40  make adequate yearly progress if:

16-41     (a) The number of pupils enrolled in the school who took the

16-42  examinations administered pursuant to NRS 389.550 or the high

16-43  school proficiency examination, as applicable, is less than 95

16-44  percent of all pupils enrolled in the school who were required to

16-45  take the examinations; or

17-1      (b) Except as otherwise provided in subsection 4, for each

17-2  subgroup of pupils identified in paragraph (b) of subsection 1 of

17-3  section 5 of this act, the number of pupils in the subgroup enrolled

17-4  in the school who took the examinations administered pursuant to

17-5  NRS 389.550 or the high school proficiency examination, as

17-6  applicable, is less than 95 percent of all pupils in that subgroup

17-7  enrolled in the school who were required to take the examinations.

17-8      4.  If the number of pupils in a particular subgroup who are

17-9  enrolled in a public school is insufficient to yield statistically

17-10  reliable information:

17-11     (a) The Department shall not determine that the school has

17-12  failed to make adequate yearly progress pursuant to paragraph (b)

17-13  of subsection 3 based solely upon that particular subgroup.

17-14     (b) The pupils in such a subgroup must be included in the

17-15  overall count of pupils enrolled in the school who took the

17-16  examinations.

17-17  The State Board shall prescribe the mechanism for determining

17-18  the number of pupils that must be in a subgroup for that subgroup

17-19  to yield statistically reliable information.

17-20     5.  If an irregularity in testing administration or an

17-21  irregularity in testing security occurs at a school and the

17-22  irregularity invalidates the test scores of pupils, those test scores

17-23  must not be included in the scores of pupils reported for the school

17-24  and the attendance of those pupils must not be counted towards

17-25  the total number of pupils who took the examinations, but must be

17-26  included in the total number of pupils who were required to take

17-27  the examinations. If the pupils take an additional administration

17-28  of the examinations during the same school year, the scores of

17-29  pupils on those examinations must not be included in the scores of

17-30  pupils reported for the school.

17-31     6.  As used in this section:

17-32     (a) “Irregularity in testing administration” has the meaning

17-33  ascribed to it in NRS 389.604.

17-34     (b) “Irregularity in testing security” has the meaning ascribed

17-35  to it in NRS 389.608.

17-36     Sec. 13.  1.  If a public school fails to make adequate yearly

17-37  progress for 1 year:

17-38     (a) Except as otherwise provided in paragraph (b), the board

17-39  of trustees of the school district in which the school is located shall

17-40  ensure that the school receives technical assistance in the manner

17-41  set forth in 20 U.S.C. § 6316(b)(4) and the regulations adopted

17-42  pursuant thereto. For a charter school sponsored by the school

17-43  district, the board of trustees shall provide the technical assistance

17-44  to the charter school in conjunction with the governing body of

17-45  the charter school.

18-1      (b) For a charter school sponsored by the State Board, the

18-2  Department shall ensure, in conjunction with the governing body

18-3  of the charter school, that the school receives technical assistance

18-4  in the manner set forth in 20 U.S.C. § 6316(b)(4) and the

18-5  regulations adopted pursuant thereto.

18-6      2.  If a public school fails to make adequate yearly progress

18-7  for 1 year, the principal of the school shall ensure that the plan to

18-8  improve the achievement of pupils enrolled in the school is

18-9  reviewed, revised and approved in accordance with section 11 of

18-10  this act.

18-11     Sec. 14.  1.  Except as otherwise provided in subsection 3, if

18-12  the number of pupils enrolled in a school who took the

18-13  examinations administered pursuant to NRS 389.550 is less than

18-14  95 percent of all pupils enrolled in the school who were required

18-15  to take the examinations, the Department shall notify the school

18-16  and the school district in which the school is located that the

18-17  school is required to provide, in the same school year, for an

18-18  additional administration of examinations, as prescribed by the

18-19  State Board pursuant to subsection 2. Except as otherwise

18-20  provided in this subsection, the school district shall pay for all

18-21  costs related to the administration of the examinations pursuant to

18-22  this subsection. If a charter school is required to administer

18-23  examinations pursuant to this subsection, the charter school shall

18-24  pay for all costs related to the administration of the examinations

18-25  to pupils enrolled in the charter school.

18-26     2.  The State Board shall prescribe by regulation the

18-27  additional examinations that a school shall administer pursuant to

18-28  subsection 1.

18-29     3.  The Department may, for good cause shown, grant a

18-30  waiver to a school from the requirements of subsection 1.

18-31     Sec. 15.  If the Department determines that a public school

18-32  has failed to make adequate yearly progress pursuant to

18-33  subsection 3 of section 12 of this act:

18-34     1.  The Department or its designee shall, to the extent money

18-35  is available, monitor at the school the administration of the

18-36  examinations that are required pursuant to NRS 389.550 and

18-37  ensure that all eligible pupils who are in attendance on the day of

18-38  the administration of the examinations are given an opportunity to

18-39  take the examinations until the percentage of pupils who take the

18-40  examinations is 95 percent or more of all pupils enrolled in the

18-41  school who are required to take the examinations.

18-42     2.  The school is not required to adopt a program of remedial

18-43  study pursuant to NRS 385.389 and is not eligible to receive

18-44  money for remedial programs made available by legislative

18-45  appropriation for the purposes of NRS 385.389.

19-1      Sec. 16.  1.  Except as otherwise provided in paragraph (b)

19-2  of subsection 4, a school must be designated as demonstrating

19-3  exemplary achievement if the school:

19-4      (a) Makes adequate yearly progress, as determined by the

19-5  Department pursuant to section 12 of this act; and

19-6      (b) Satisfies the requirements of the State Board prescribed

19-7  pursuant to section 6 of this act.

19-8      2.  Except as otherwise provided in paragraph (b) of

19-9  subsection 4, a school must be designated as demonstrating high

19-10  achievement if the school:

19-11     (a) Makes adequate yearly progress, as determined by the

19-12  Department pursuant to section 12 of this act; and

19-13     (b) Satisfies the requirements of the State Board prescribed

19-14  pursuant to section 6 of this act.

19-15     3.  Except as otherwise provided in paragraph (b) of

19-16  subsection 4, a school must be designated as demonstrating

19-17  adequate achievement if the school makes adequate yearly

19-18  progress, as determined by the Department pursuant to section 12

19-19  of this act.

19-20     4.  A school must be designated as demonstrating need for

19-21  improvement if the school:

19-22     (a) Fails to make adequate yearly progress, as determined by

19-23  the Department pursuant to section 12 of this act; or

19-24     (b) The school makes adequate yearly progress, as determined

19-25  by the Department pursuant to section 12 of this act, but was

19-26  designated as demonstrating need for improvement pursuant to

19-27  paragraph (a) in the immediately preceding year for failing to

19-28  make adequate yearly progress.

19-29  The initial designation of a school as demonstrating need for

19-30  improvement must be based upon 2 consecutive years of data and

19-31  information for that school.

19-32     5.  If a public school is designated as demonstrating need for

19-33  improvement pursuant to paragraph (a) of subsection 4, the

19-34  designation of the school as demonstrating need for improvement

19-35  must not be removed until the school has made adequate yearly

19-36  progress for 2 consecutive years.

19-37     Sec. 17.  1.  Based upon the information received from the

19-38  Department pursuant to section 12 of this act, the board of trustees

19-39  of each school district shall designate, on or before July 1 of each

19-40  year, each public school in the school district in accordance with

19-41  section 16 of this act, excluding charter schools sponsored by the

19-42  State Board. The board of trustees shall make designations for all

19-43  charter schools that are sponsored by the board of trustees. The

19-44  Department shall make designations for all charter schools that

19-45  are sponsored by the State Board. The initial designation of a

20-1  school as demonstrating need for improvement must be based

20-2  upon 2 consecutive years of data and information for that school.

20-3      2.  If the board of trustees of a school district or the

20-4  Department, as applicable, determines that a public school is

20-5  demonstrating need for improvement, the board of trustees or the

20-6  Department shall issue a preliminary designation for that school

20-7  on or before July 1. Before making a final designation for the

20-8  school, the board of trustees of the school district or the

20-9  Department, as applicable, shall provide the school an opportunity

20-10  to review the data upon which the proposed designation is based

20-11  and to present evidence in the manner set forth in 20 U.S.C. §

20-12  6316(b)(2) and the regulations adopted pursuant thereto. If the

20-13  school is a public school of the school district or a charter school

20-14  sponsored by the board of trustees, the board of trustees of the

20-15  school district shall, in consultation with the Department, make a

20-16  final determination concerning the designation for the school on

20-17  August 1. If the school is a charter school sponsored by the State

20-18  Board, the Department shall make a final determination

20-19  concerning the designation for the school on August 1.

20-20     3.  On or before August 1 of each year, the Department shall

20-21  provide written notice of the determinations made pursuant to

20-22  section 12 of this act and the designations made pursuant to this

20-23  section as follows:

20-24     (a) The determinations and designations made for all schools

20-25  in this state to the:

20-26         (1) Governor;

20-27         (2) State Board;

20-28         (3) Committee; and

20-29         (4) Bureau.

20-30     (b) The determinations and designations made for all schools

20-31  within a school district to the:

20-32         (1) Superintendent of schools of the school district; and

20-33         (2) Board of trustees of the school district.

20-34     (c) The determination and designation made for each school to

20-35  the principal of the school.

20-36     Sec. 18.  1.  If a public school is designated as

20-37  demonstrating need for improvement pursuant to section 16 of this

20-38  act and the provisions of section 21, 23 or 29 of this act do not

20-39  apply, the technical assistance partnership established for the

20-40  school pursuant to this section shall carry out the requirements of

20-41  section 20 of this act.

20-42     2.  Except as otherwise provided in subsection 3, if a public

20-43  school is designated as demonstrating need for improvement

20-44  pursuant to section 16 of this act and the provisions of section 21,

21-1  23 or 29 of this act do not apply, the board of trustees of the school

21-2  district shall:

21-3      (a) Provide notice of the designation to the parents and

21-4  guardians of pupils enrolled in the school on the form prescribed

21-5  by the Department pursuant to section 39 of this act;

21-6      (b) Ensure that the school receives technical assistance in the

21-7  manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations

21-8  adopted pursuant thereto; and

21-9      (c) Establish a technical assistance partnership for the school,

21-10  with the membership prescribed pursuant to section 19 of this act.

21-11     3.  If a charter school is designated as demonstrating need for

21-12  improvement pursuant to section 14 of this act and the provisions

21-13  of section 21, 23 or 29 of this act do not apply:

21-14     (a) The governing body of the charter school shall:

21-15         (1) Provide notice of the designation to the parents and

21-16  guardians of pupils enrolled in the charter school on the form

21-17  prescribed by the Department pursuant to section 39 of this act;

21-18  and

21-19         (2) Establish a technical assistance partnership for the

21-20  charter school, with the membership prescribed pursuant to

21-21  section 19 of this act.

21-22     (b) For a charter school sponsored by the board of trustees of

21-23  a school district, the board of trustees shall, in conjunction with

21-24  the governing body of the charter school, ensure that the charter

21-25  school receives technical assistance in the manner set forth in 20

21-26  U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

21-27  The provisions of this paragraph do not require the school district

21-28  to pay for the technical assistance partnership established by the

21-29  governing body of the charter school.

21-30     (c) For a charter school sponsored by the State Board, the

21-31  Department shall, in conjunction with the governing body of the

21-32  charter school, ensure that the charter school receives technical

21-33  assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and

21-34  the regulations adopted pursuant thereto.

21-35     4.  In addition to the requirements of subsection 2 or 3, as

21-36  applicable, if a Title I school is designated as demonstrating need

21-37  for improvement pursuant to section 16 of this act and the

21-38  provisions of section 21, 23 or 29 of this act do not apply:

21-39     (a) Except as otherwise provided in paragraph (b), the board

21-40  of trustees of the school district shall provide school choice to the

21-41  parents and guardians of pupils enrolled in the school, including,

21-42  without limitation, a charter school sponsored by the school

21-43  district, in accordance with 20 U.S.C. § 6316(b)(1) and the

21-44  regulations adopted pursuant thereto.

22-1      (b) For a charter school sponsored by the State Board, the

22-2  Department shall work cooperatively with the board of trustees of

22-3  the school district in which the charter school is located to provide

22-4  school choice to the parents and guardians of pupils enrolled in

22-5  the charter school in accordance with 20 U.S.C. § 6316(b)(1) and

22-6  the regulations adopted pursuant thereto.

22-7      Sec. 19.  1.  The membership of each technical assistance

22-8  partnership established by the board of trustees of a school district

22-9  for a public school pursuant to section 18 of this act:

22-10     (a) Must consist of:

22-11         (1) At least one employee of the public school for which the

22-12  partnership is established; and

22-13         (2) At least one representative of the school district.

22-14     (b) May consist of other persons, as determined by the board of

22-15  trustees, in accordance with the needs of the school based upon

22-16  the data and information pertaining to that school.

22-17     2.  The membership of each technical assistance partnership

22-18  established by the governing body of a charter school:

22-19     (a) Must consist of:

22-20         (1) At least one employee of the charter school;

22-21         (2) At least one member of the governing body of the

22-22  charter school;

22-23         (3) For a charter school sponsored by the board of trustees

22-24  of the school district, at least one representative of the school

22-25  district, appointed by the school district; and

22-26         (4) For a charter school sponsored by the State Board, at

22-27  least one representative of the Department, appointed by the

22-28  Department.

22-29     (b) May consist of other persons, as determined by the

22-30  governing body, in accordance with the needs of the charter

22-31  school based upon the data and information pertaining to that

22-32  charter school.

22-33     Sec. 20.  1.  Each technical assistance partnership

22-34  established for a public school shall complete a form prescribed by

22-35  the Department pursuant to this section or an expanded form, if

22-36  applicable, that includes:

22-37     (a) A review and analysis of the operation of the school,

22-38  including, without limitation, the design and operation of the

22-39  instructional program of the school;

22-40     (b) A review and analysis of the data pertaining to the school

22-41  based upon the report required pursuant to subsection 2 of NRS

22-42  385.347 and a review and analysis of any data that is more recent;

22-43     (c) A review of the most recent plan to improve the

22-44  achievement of the school’s pupils; and

23-1      (d) An identification of the problems and factors at the school

23-2  that contributed to the designation of the school as demonstrating

23-3  need for improvement.

23-4      2.  Each technical assistance partnership established for a

23-5  public school shall:

23-6      (a) Assist the school in developing recommendations for

23-7  improving the performance of pupils who are enrolled in the

23-8  school; and

23-9      (b) Adopt, in consultation with the employees of the school,

23-10  written revisions to the most recent plan to improve the

23-11  achievement of the school’s pupils for approval pursuant to

23-12  section 11 of this act. The written revisions must:

23-13         (1) Include the data and findings of the technical assistance

23-14  partnership that provide support for the revisions;

23-15         (2) If the school is a Title I school, be developed in

23-16  consultation with parents and guardians of pupils enrolled in the

23-17  school and, to the extent deemed appropriate by the entity that

23-18  created the technical assistance partnership, outside experts;

23-19         (3) Set forth a timeline to carry out the revisions;

23-20         (4) Set forth priorities for the school in carrying out the

23-21  revisions; and

23-22         (5) Set forth the duties of each person who is responsible

23-23  for carrying out the revisions.

23-24     3.  On or before November 1 of each year, each technical

23-25  assistance partnership shall submit the form completed pursuant

23-26  to subsection 1 to the:

23-27     (a) Department;

23-28     (b) Bureau;

23-29     (c) Board of trustees of the school district or governing body of

23-30  the charter school, as applicable; and

23-31     (d) Principal of the school.

23-32     4.  The Department shall, in consultation with the Bureau:

23-33     (a) Prescribe a form that contains the basic information for a

23-34  technical assistance partnership to carry out its duties pursuant to

23-35  subsection 1; and

23-36     (b) Make the form available on a computer disc for use by

23-37  technical assistance partnerships and, upon request, in any other

23-38  manner deemed reasonable by the Department.

23-39     5.  Except as otherwise provided in this subsection, each

23-40  technical assistance partnership shall use the form prescribed by

23-41  the Department to carry out its duties pursuant to subsection 1. A

23-42  school district or governing body of a charter school may prescribe

23-43  an expanded form that contains additions to the form prescribed

23-44  by the Department if the basic information contained in the

24-1  expanded form complies with the form prescribed by the

24-2  Department.

24-3      Sec. 21.  1.  If a public school is designated as

24-4  demonstrating need for improvement pursuant to section 16 of this

24-5  act for 2 consecutive years, the technical assistance partnership

24-6  established for the school pursuant to section 18 of this act shall

24-7  carry out the requirements of section 20 of this act.

24-8      2.  Except as otherwise provided in subsection 3, if a public

24-9  school is designated as demonstrating need for improvement

24-10  pursuant to section 16 of this act for 2 consecutive years, the

24-11  board of trustees of the school district shall:

24-12     (a) Provide notice of the designation to the parents and

24-13  guardians of pupils enrolled in the school on the form prescribed

24-14  by the Department pursuant to section 39 of this act;

24-15     (b) Ensure that the school receives technical assistance in the

24-16  manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations

24-17  adopted pursuant thereto; and

24-18     (c) Continue the technical assistance partnership for the

24-19  school.

24-20     3.  If a charter school is designated as demonstrating need for

24-21  improvement pursuant to section 16 of this act for 2 consecutive

24-22  years:

24-23     (a) The governing body of the charter school shall:

24-24         (1) Provide notice of the designation to the parents and

24-25  guardians of pupils enrolled in the school on the form prescribed

24-26  by the Department pursuant to section 39 of this act; and

24-27         (2) Continue the technical assistance partnership for the

24-28  school.

24-29     (b) For a charter school sponsored by the board of trustees of

24-30  a school district, the board of trustees shall, in conjunction with

24-31  the governing body of the charter school, ensure that the charter

24-32  school receives technical assistance in the manner set forth in 20

24-33  U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

24-34  The provisions of this paragraph do not require the school district

24-35  to pay for the technical assistance partnership established by the

24-36  governing body of the charter school.

24-37     (c) For a charter school sponsored by the State Board, the

24-38  Department shall, in conjunction with the governing body of the

24-39  charter school, ensure that the charter school receives technical

24-40  assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and

24-41  the regulations adopted pursuant thereto.

24-42     Sec. 22.  1.  In addition to the requirements of section 21 of

24-43  this act, if a Title I school is designated as demonstrating need for

24-44  improvement pursuant to section 16 of this act for 2 consecutive

24-45  years for failing to make adequate yearly progress:

25-1      (a) Except as otherwise provided in paragraph (b), the board

25-2  of trustees of the school district shall:

25-3          (1) Provide school choice to the parents and guardians of

25-4  pupils enrolled in the school in accordance with 20 U.S.C. §

25-5  6316(b)(1) and the regulations adopted pursuant thereto.

25-6          (2) Except as otherwise provided in subsection 2, provide

25-7  supplemental educational services in accordance with 20 U.S.C. §

25-8  6316(e) and the regulations adopted pursuant thereto from a

25-9  provider approved pursuant to section 40 of this act, unless a

25-10  waiver is granted pursuant to that provision of federal law.

25-11     (b) If the school is a charter school:

25-12         (1) Sponsored by the board of trustees of a school district,

25-13  the board of trustees shall provide school choice to the parents and

25-14  guardians of pupils enrolled in the school in accordance with 20

25-15  U.S.C. § 6316(b)(1) and the regulations adopted pursuant thereto.

25-16         (2) Sponsored by the State Board, the Department shall

25-17  work cooperatively with the board of trustees of the school district

25-18  in which the charter school is located to provide school choice to

25-19  the parents and guardians of pupils enrolled in the charter school

25-20  in accordance with 20 U.S.C. § 6316(b)(1) and the regulations

25-21  adopted pursuant thereto.

25-22         (3) Except as otherwise provided in subsection 3, the

25-23  governing body of the charter school shall provide supplemental

25-24  educational services in accordance with 20 U.S.C. § 6316(e) and

25-25  the regulations adopted pursuant thereto from a provider approved

25-26  pursuant to section 40 of this act, unless a waiver is granted

25-27  pursuant to that provision of federal law.

25-28     2.  The board of trustees of a school district shall grant a

25-29  delay from the imposition of supplemental educational services for

25-30  a school for a period not to exceed 1 year if the school qualifies for

25-31  a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails

25-32  to make adequate yearly progress during the period of the delay,

25-33  the provisions of section 23 of this act apply to the school as if the

25-34  delay never occurred.

25-35     3.  The sponsor of a charter school shall grant a delay from

25-36  the imposition of supplemental educational services for the charter

25-37  school for a period not to exceed 1 year if the charter school

25-38  qualifies for a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the

25-39  charter school fails to make adequate yearly progress during the

25-40  period of the delay, the provisions of section 23 of this act apply to

25-41  the charter school as if the delay never occurred.

25-42     Sec. 23.  1.  If a public school is designated as

25-43  demonstrating need for improvement pursuant to section 16 of this

25-44  act for 3 consecutive years, the support team established for the

26-1  school pursuant to this section shall carry out the requirements of

26-2  sections 25 and 26 of this act.

26-3      2.  Except as otherwise provided in subsection 3, if a public

26-4  school is designated as demonstrating need for improvement

26-5  pursuant to section 16 of this act for 3 consecutive years:

26-6      (a) The board of trustees of the school district shall:

26-7          (1) Provide notice of the designation to the parents and

26-8  guardians of pupils enrolled in the school on the form prescribed

26-9  by the Department pursuant to section 39 of this act; and

26-10         (2) Ensure that the school receives technical assistance in

26-11  the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations

26-12  adopted pursuant thereto.

26-13     (b) The Department shall establish a support team for the

26-14  school, with the membership prescribed pursuant to section 24 of

26-15  this act.

26-16     3.  If a charter school is designated as demonstrating need for

26-17  improvement pursuant to section 16 of this act for 3 consecutive

26-18  years:

26-19     (a) The governing body of the charter school shall provide

26-20  notice of the designation to the parents and guardians of pupils

26-21  enrolled in the charter school on the form prescribed by the

26-22  Department pursuant to section 39 of this act.

26-23     (b) For a charter school sponsored by the board of trustees of

26-24  a school district, the board of trustees shall, in conjunction with

26-25  the governing body of the charter school, ensure that the charter

26-26  school receives technical assistance in the manner set forth in 20

26-27  U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

26-28     (c) For a charter school sponsored by the State Board, the

26-29  Department shall, in conjunction with the governing body of the

26-30  charter school, ensure that the charter school receives technical

26-31  assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and

26-32  the regulations adopted pursuant thereto.

26-33     (d) The Department shall establish a support team for the

26-34  school, with the membership prescribed pursuant to section 24 of

26-35  this act.

26-36     Sec. 24.  The membership of each support team established

26-37  pursuant to section 23 of this act:

26-38     1.  Must consist of, without limitation:

26-39     (a) Teachers and principals who are considered highly

26-40  qualified and who are not employees of the public school for

26-41  which the support team is established;

26-42     (b) At least one representative of the Department;

26-43     (c) Except for a charter school, at least one administrator at

26-44  the district level who is employed by the board of trustees of the

26-45  school district;

27-1      (d) At least one parent or guardian of a pupil who is enrolled

27-2  in the public school for which the support team is established; and

27-3      (e) In addition to the requirements of paragraphs (a) to (d),

27-4  inclusive, for a charter school:

27-5          (1) At least one member of the governing body of the

27-6  charter school, regardless of the sponsor of the charter school;

27-7  and

27-8          (2) If the charter school is sponsored by the board of

27-9  trustees of a school district, at least one employee of the school

27-10  district, which may include an administrator.

27-11     2.  May consist of, without limitation:

27-12     (a) Except for a charter school, one or more members of the

27-13  board of trustees of the school district in which the school is

27-14  located;

27-15     (b) Representatives of institutions of higher education;

27-16     (c) Representatives of regional educational laboratories;

27-17     (d) Representatives of outside consultant groups;

27-18     (e) Representatives of the regional training program for the

27-19  professional development of teachers and administrators

27-20  established pursuant to NRS 391.512 that provides services to the

27-21  school district in which the school is located;

27-22     (f) The Bureau; and

27-23     (g) Other persons who the Department determines are

27-24  appropriate.

27-25     Sec. 25.  Each support team established for a public school

27-26  pursuant to section 23 of this act shall:

27-27     1.  Review and analyze the operation of the school, including,

27-28  without limitation, the design and operation of the instructional

27-29  program of the school.

27-30     2.  Review and analyze the data pertaining to the school upon

27-31  which the report required pursuant to subsection 2 of NRS

27-32  385.347 is based and review and analyze any data that is more

27-33  recent than the data upon which the report is based.

27-34     3.  Review the most recent plan to improve the achievement of

27-35  the school’s pupils.

27-36     4.  Identify and investigate the problems and factors at the

27-37  school that contributed to the designation of the school as

27-38  demonstrating need for improvement.

27-39     5.  Assist the school in developing recommendations for

27-40  improving the performance of pupils who are enrolled in the

27-41  school.

27-42     6.  Except as otherwise provided in this paragraph, make

27-43  recommendations to the board of trustees of the school district, the

27-44  State Board and the Department concerning additional assistance

27-45  for the school in carrying out the plan for improvement of the

28-1  school. For a charter school sponsored by the State Board, the

28-2  support team shall make the recommendations to the State Board

28-3  and the Department.

28-4      7.  In accordance with its findings pursuant to this subsection

28-5  and section 26 of this act, submit, on or before November 1,

28-6  written revisions to the most recent plan to improve the

28-7  achievement of the school’s pupils for approval pursuant to

28-8  section 11 of this act. The written revisions must:

28-9      (a) Comply with section 11 of this act;

28-10     (b) If the school is a Title I school, be developed in

28-11  consultation with parents and guardians of pupils enrolled in the

28-12  school and, to the extent deemed appropriate by the entity that

28-13  created the support team, outside experts;

28-14     (c) Include the data and findings of the support team that

28-15  provide support for the revisions;

28-16     (d) Set forth goals and objectives for the school that are:

28-17         (1) Designed to improve the achievement of the school’s

28-18  pupils;

28-19         (2) Specific;

28-20         (3) Measurable; and

28-21         (4) Conducive to reliable evaluation;

28-22     (e) Set forth a timeline to carry out the revisions;

28-23     (f) Set forth priorities for the school in carrying out the

28-24  revisions; and

28-25     (g) Set forth the duties of each person who is responsible for

28-26  carrying out the revisions.

28-27     8.  Except as otherwise provided in this subsection, work

28-28  cooperatively with the board of trustees of the school district in

28-29  which the school is located, the employees of the school, and the

28-30  parents and guardians of pupils enrolled in the school to carry out

28-31  and monitor the plan for improvement of the school. If a charter

28-32  school is sponsored by the State Board, the Department shall assist

28-33  the school with carrying out and monitoring the plan for

28-34  improvement of the school.

28-35     9.  In addition to the requirements of this section, if the

28-36  support team is established for a Title I school, carry out the

28-37  requirements of 20 U.S.C. § 6317(a)(5).

28-38     Sec. 26.  1.  In addition to the duties prescribed in section 25

28-39  of this act, a support team established for a school shall prepare

28-40  an annual written report that includes:

28-41     (a) Information concerning the most recent plan to improve

28-42  the achievement of the school’s pupils, including, without

28-43  limitation, an evaluation of:

28-44         (1) The appropriateness of the plan for the school; and

29-1          (2) Whether the school has achieved the goals and

29-2  objectives set forth in the plan;

29-3      (b) The written revisions to the plan to improve the

29-4  achievement of the school’s pupils submitted by the support team

29-5  pursuant to section 25 of this act;

29-6      (c) A summary of each program for remediation, if any,

29-7  purchased for the school with money that is available from the

29-8  Federal Government, this state and the school district in which the

29-9  school is located, including, without limitation:

29-10         (1) The name of the program;

29-11         (2) The date on which the program was purchased and the

29-12  date on which the program was carried out by the school;

29-13         (3) The percentage of personnel at the school who were

29-14  trained regarding the use of the program;

29-15         (4) The satisfaction of the personnel at the school with the

29-16  program; and

29-17         (5) An evaluation of whether the program has improved the

29-18  academic achievement of the pupils enrolled in the school who

29-19  participated in the program;

29-20     (d) An analysis of the problems and factors at the school

29-21  which contributed to the designation of the school as

29-22  demonstrating need for improvement, including, without

29-23  limitation, issues relating to:

29-24         (1) The financial resources of the school;

29-25         (2) The administrative and educational personnel of the

29-26  school;

29-27         (3) The curriculum of the school;

29-28         (4) The facilities available at the school, including the

29-29  availability and accessibility of educational technology; and

29-30         (5) Any other factors that the support team believes

29-31  contributed to the designation of the school as demonstrating need

29-32  for improvement; and

29-33     (e) Other information concerning the school, including,

29-34  without limitation:

29-35         (1) The results of the pupils who are enrolled in the school

29-36  on the examinations that are administered pursuant to NRS

29-37  389.550 or the high school proficiency examination, as applicable;

29-38         (2) Records of the attendance and truancy of pupils who

29-39  are enrolled in the school;

29-40         (3) The transiency rate of pupils who are enrolled in the

29-41  school;

29-42         (4) A description of the number of years that each teacher

29-43  has provided instruction at the school and the rate of turnover of

29-44  teachers and other educational personnel employed at the school;

30-1          (5) A description of the participation of parents and legal

30-2  guardians in the educational process and other activities relating

30-3  to the school;

30-4          (6) A description of each source of money for the

30-5  remediation of pupils who are enrolled in the school; and

30-6          (7) A description of the disciplinary problems of the pupils

30-7  who are enrolled in the school, including, without limitation, the

30-8  information contained in paragraphs (k) to (n), inclusive, of

30-9  subsection 2 of NRS 385.347.

30-10     2.  On or before November 1, the support team shall submit a

30-11  copy of the final written report to the:

30-12     (a) Principal of the school;

30-13     (b) Board of trustees of the school district in which the school

30-14  is located;

30-15     (c) Superintendent of schools of the school district in which

30-16  the school is located;

30-17     (d) Department; and

30-18     (e) Bureau.

30-19  The support team shall make the written report available, upon

30-20  request, to each parent or legal guardian of a pupil who is

30-21  enrolled in the school.

30-22     Sec. 27.  1.  In addition to the requirements of section 23 of

30-23  this act, if a Title I school is designated as demonstrating need for

30-24  improvement pursuant to section 16 of this act for 3 consecutive

30-25  years:

30-26     (a) Except as otherwise provided in paragraph (b), the board

30-27  of trustees of the school district shall:

30-28         (1) Provide school choice to the parents and guardians of

30-29  pupils enrolled in the school in accordance with 20 U.S.C. §

30-30  6316(b)(1) and the regulations adopted pursuant thereto;

30-31         (2) Provide supplemental educational services in

30-32  accordance with 20 U.S.C. § 6316(e) and the regulations adopted

30-33  pursuant thereto from a provider approved pursuant to section 40

30-34  of this act, unless a waiver is granted pursuant to that provision of

30-35  federal law; and

30-36         (3) Except as otherwise provided in subsection 2, take

30-37  corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the

30-38  regulations adopted pursuant thereto.

30-39     (b) If the school is a charter school:

30-40         (1) Sponsored by the board of trustees of a school district,

30-41  the board of trustees shall:

30-42             (I) Provide school choice to the parents and guardians

30-43  of pupils enrolled in the charter school in accordance with 20

30-44  U.S.C. § 6316(b)(1); and

31-1              (II) Except as otherwise provided in subsection 3, take

31-2  corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the

31-3  regulations adopted pursuant thereto.

31-4          (2) Sponsored by the State Board, the Department shall:

31-5              (I) Work cooperatively with the board of trustees of the

31-6  school district in which the charter school is located to provide

31-7  school choice to the parents and guardians of pupils enrolled in

31-8  the school in accordance with 20 U.S.C. § 6316(b)(1) and the

31-9  regulations adopted pursuant thereto; and

31-10             (II) Except as otherwise provided in subsection 3, take

31-11  corrective action pursuant to 20 U.S.C. § 6316(b)(7) and the

31-12  regulations adopted pursuant thereto.

31-13         (3) Regardless of the sponsor, the governing body of the

31-14  charter school shall provide supplemental educational services in

31-15  accordance with 20 U.S.C. § 6316(e) and the regulations adopted

31-16  pursuant thereto from a provider approved pursuant to section 40

31-17  of this act, unless a waiver is granted pursuant to that provision of

31-18  federal law.

31-19     2.  The board of trustees of a school district shall grant a

31-20  delay from the imposition of corrective action for a school for a

31-21  period not to exceed 1 year if the school qualifies for a delay

31-22  pursuant to 20 U.S.C. 6316(b)(7)(D). If the school fails to make

31-23  adequate yearly progress during the period of the delay, the

31-24  provisions of section 29 of this act apply as if the delay never

31-25  occurred.

31-26     3.  The sponsor of a charter school shall grant a delay from

31-27  the imposition of corrective action for the charter school for a

31-28  period not to exceed 1 year if the charter school qualifies for a

31-29  delay pursuant to 20 U.S.C. 6316(b)(7)(D). If the charter school

31-30  fails to make adequate yearly progress during the period of the

31-31  delay, the provisions of section 29 of this act apply as if the delay

31-32  never occurred.

31-33     Sec. 28.  1.  Except as otherwise provided in subsection 2, if

31-34  a public school that is not a Title I school is designated as

31-35  demonstrating need for improvement pursuant to section 16 of this

31-36  act for 3 consecutive years for failing to make adequate yearly

31-37  progress, the support team established for the school shall

31-38  consider whether corrective action is appropriate for the school. If

31-39  the support team determines that corrective action is appropriate,

31-40  the support team shall make a recommendation to the Department

31-41  for corrective action for the school, including, without limitation,

31-42  the type of corrective action that is recommended from the list of

31-43  corrective actions authorized pursuant to paragraphs (a), (b) and

31-44  (c). Regardless of whether a support team recommends corrective

32-1  action for a school, the Department may take one or more of the

32-2  following corrective actions for the school:

32-3      (a) Develop and carry out a new curriculum at the school,

32-4  including the provision of appropriate professional development

32-5  relating to the new curriculum.

32-6      (b) Decrease the number of employees at the school who carry

32-7  out managerial duties.

32-8      (c) Extend the school year or the school day.

32-9      2.  The Department shall grant a delay from the imposition of

32-10  corrective action for a school for a period not to exceed 1 year if

32-11  the school qualifies for a delay in the manner set forth in 20

32-12  U.S.C. § 6316(b)(7)(D). If the school fails to make adequate yearly

32-13  progress during the period of the delay, the Department may

32-14  proceed with corrective action as if the delay never occurred.

32-15     Sec. 29.  1.  If a public school is designated as

32-16  demonstrating need for improvement pursuant to section 16 of this

32-17  act for 4 or more consecutive years, the support team established

32-18  for the school pursuant to section 23 of this act shall carry out the

32-19  requirements of sections 25, 26 and 28 of this act, as applicable.

32-20     2.  Except as otherwise provided in subsection 3, if a public

32-21  school is designated as demonstrating need for improvement

32-22  pursuant to section 16 of this act for 4 or more consecutive years:

32-23     (a) The board of trustees of the school district shall:

32-24         (1) Provide notice of the designation to the parents and

32-25  guardians of pupils enrolled in the school on the form prescribed

32-26  by the Department pursuant to section 39 of this act; and

32-27         (2) Ensure that the school receives technical assistance in

32-28  the manner set forth in 20 U.S.C. § 6316(b)(4) and the regulations

32-29  adopted pursuant thereto.

32-30     (b) The Department shall continue a support team for the

32-31  school.

32-32     3.  If a charter school is designated as demonstrating need for

32-33  improvement pursuant to section 16 of this act for 4 or more

32-34  consecutive years:

32-35     (a) The governing body of the charter school shall provide

32-36  notice of the designation to the parents and guardians of pupils

32-37  enrolled in the school on the form prescribed by the Department

32-38  pursuant to section 39 of this act.

32-39     (b) For a charter school sponsored by the board of trustees of

32-40  a school district, the board of trustees shall, in conjunction with

32-41  the governing body of the charter school, ensure that the charter

32-42  school receives technical assistance in the manner set forth in 20

32-43  U.S.C. § 6316(b)(4) and the regulations adopted pursuant thereto.

32-44     (c) For a charter school sponsored by the State Board, the

32-45  Department shall, in conjunction with the governing body of the

33-1  charter school, ensure that the charter school receives technical

33-2  assistance in the manner set forth in 20 U.S.C. § 6316(b)(4) and

33-3  the regulations adopted pursuant thereto.

33-4      (d) The Department shall continue a support team for the

33-5  charter school.

33-6      Sec. 30.  1.  In addition to the requirements of section 29 of

33-7  this act, if a Title I school is designated as demonstrating need for

33-8  improvement pursuant to section 16 of this act for 4 or more

33-9  consecutive years:

33-10     (a) Except as otherwise provided in paragraph (b), the board

33-11  of trustees of the school district shall:

33-12         (1) Provide school choice to the parents and guardians of

33-13  pupils enrolled in the school in accordance with 20 U.S.C. §

33-14  6316(b)(1) and the regulations adopted pursuant thereto;

33-15         (2) Provide supplemental educational services in

33-16  accordance with 20 U.S.C. § 6316(e) and the regulations adopted

33-17  pursuant thereto from a provider approved pursuant to section 40

33-18  of this act, unless a waiver is granted pursuant to that provision of

33-19  federal law; and

33-20         (3) Except as otherwise provided in subsection 2, proceed

33-21  with a plan for restructuring the school if required by 20 U.S.C. §

33-22  6316(b)(8) and the regulations adopted pursuant thereto.

33-23     (b) If the school is a charter school:

33-24         (1) Sponsored by the board of trustees of a school district,

33-25  the board of trustees shall:

33-26             (I) Provide school choice to the parents and guardians

33-27  of pupils enrolled in the charter school in accordance with 20

33-28  U.S.C. § 6316(b)(1); and

33-29             (II) Except as otherwise provided in subsection 3,

33-30  proceed with a plan for restructuring the school if required by 20

33-31  U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

33-32         (2) Sponsored by the State Board, the Department shall:

33-33             (I) Work cooperatively with the board of trustees of the

33-34  school district in which the charter school is located to provide

33-35  school choice to the parents and guardians of pupils enrolled in

33-36  the school in accordance with 20 U.S.C. § 6316(b)(1) and the

33-37  regulations adopted pursuant thereto; and

33-38             (II) Except as otherwise provided in subsection 3,

33-39  proceed with a plan for restructuring the school if required by 20

33-40  U.S.C. § 6316(b)(8) and the regulations adopted pursuant thereto.

33-41         (3) Regardless of the sponsor, the governing body of the

33-42  charter school shall provide supplemental educational services in

33-43  accordance with 20 U.S.C. § 6316(e) and the regulations adopted

33-44  pursuant thereto from a provider approved pursuant to section 40

34-1  of this act, unless a waiver is granted pursuant to that provision of

34-2  federal law.

34-3      2.  The board of trustees of a school district shall grant a

34-4  delay from the imposition of a plan for restructuring for a school

34-5  for a period not to exceed 1 year if the school qualifies for a delay

34-6  pursuant to 20 U.S.C. § 6316(b)(7)(D). If the school fails to make

34-7  adequate yearly progress during the period of the delay, the board

34-8  of trustees shall proceed with a plan for restructuring the school

34-9  as if the delay never occurred.

34-10     3.  The sponsor of a charter school shall grant a delay from

34-11  the imposition of a plan for restructuring for the charter school

34-12  for a period not to exceed 1 year if the charter school qualifies for

34-13  a delay pursuant to 20 U.S.C. § 6316(b)(7)(D). If the charter

34-14  school fails to make adequate yearly progress during the period of

34-15  the delay, the Department shall proceed with a plan for

34-16  restructuring the charter school as if the delay never occurred.

34-17     4.  Before the board of trustees of a school district or the

34-18  Department proceeds with a plan for restructuring, the board of

34-19  trustees or the Department, as applicable, shall provide to the

34-20  administrators, teachers and other educational personnel

34-21  employed at that school, and parents and guardians of pupils

34-22  enrolled in the school:

34-23     (a) Notice that the board of trustees or the Department, as

34-24  applicable, will develop a plan for restructuring the school;

34-25     (b) An opportunity to comment before the plan to restructure is

34-26  developed; and

34-27     (c) An opportunity to participate in the development of the

34-28  plan to restructure.

34-29     Sec. 31.  1.  Except as otherwise provided in subsection 2, if

34-30  a public school that is not a Title I school is designated as

34-31  demonstrating need for improvement pursuant to section 16 of this

34-32  act for 4 or more consecutive years for failure to make adequate

34-33  yearly progress, the support team for the school shall:

34-34     (a) If corrective action was not taken against the school

34-35  pursuant to section 28 of this act, consider whether corrective

34-36  action is appropriate for the school.

34-37     (b) If corrective action was taken against the school pursuant

34-38  to section 28 of this act, consider whether further corrective action

34-39  is appropriate or whether consequences or sanctions, or both, are

34-40  appropriate for the school.

34-41  Regardless of whether a support team recommends corrective

34-42  action or consequences or sanctions for a school, the Department

34-43  may take corrective action as set forth in section 28 of this act or

34-44  proceed with consequences or sanctions, or both, as prescribed by

34-45  the State Board pursuant to section 5 of this act.

35-1      2.  The Department shall grant a delay from the imposition of

35-2  corrective action or restructuring pursuant to this section for a

35-3  school for a period not to exceed 1 year if the school qualifies for a

35-4  delay in the manner set forth in 20 U.S.C. § 6316(b)(7)(D). If the

35-5  school fails to make adequate yearly progress during the period of

35-6  the delay, the Department may proceed with corrective action or

35-7  with consequences or sanctions, or both, for the school, as

35-8  appropriate, as if the delay never occurred.

35-9      3.  Before the Department proceeds with consequences or

35-10  sanctions, the board of trustees or the Department, as applicable,

35-11  shall provide to the administrators, teachers and other educational

35-12  personnel employed at that school, and parents and guardians of

35-13  pupils enrolled in the school:

35-14     (a) Notice that the board of trustees or the Department, as

35-15  applicable, will proceed with consequences or sancations for the

35-16  school;

35-17     (b) An opportunity to comment before the consequences or

35-18  sanctions are carried out; and

35-19     (c) An opportunity to participate in the development of the

35-20  consequences or sanctions.

35-21     Sec. 32.  1.  If restructuring for a Title I school is required

35-22  pursuant to 20 U.S.C. § 6316(b)(8), the board of trustees of the

35-23  school district or the Department, as applicable, shall carry out a

35-24  plan for restructuring that includes:

35-25     (a) Replacing those employees at the school who contributed to

35-26  the failure of the school to make adequate yearly progress;

35-27     (b) Entering into a contract with an entity, including, without

35-28  limitation, a private management company, with a demonstrated

35-29  record of effectiveness to operate the public school;

35-30     (c) If the board of trustees is responsible for restructuring,

35-31  requesting that the Department oversee the operation of the public

35-32  school;

35-33     (d) If the Department is responsible for restructuring,

35-34  designating the Department as responsible for overseeing the

35-35  operation of the school; or

35-36     (e) Taking any other action to restructure the governance of

35-37  the school if the action is designed to improve the academic

35-38  achievement of pupils enrolled in the school and has substantial

35-39  promise of ensuring that the school makes adequate yearly

35-40  progress.

35-41     2.  Before the board of trustees of a school district or the

35-42  Department takes action pursuant to subsection 1, the board of

35-43  trustees or the Department, as applicable, shall provide to the

35-44  administrators, teachers and other educational personnel

36-1  employed at that school, and the parents and guardians of pupils

36-2  enrolled in the school:

36-3      (a) Notice that a plan for restructuring will be carried out at

36-4  the school; and

36-5      (b) An opportunity to comment on the appropriate action that

36-6  should be carried out pursuant to subsection 1.

36-7      Sec. 33.  1.  On or before July 1 of each year, the

36-8  Department shall determine whether each school district is

36-9  making adequate yearly progress, as defined by the State Board

36-10  pursuant to section 5 of this act. The pupils who are enrolled in a

36-11  charter school, if any, located within a school district must not be

36-12  included in the determination made for that school district. The

36-13  determination made for each school district must be based only

36-14  upon the information and data for those pupils who were enrolled

36-15  in the school district for a full academic year, regardless of

36-16  whether those pupils attended more than one school within the

36-17  school district for that academic year.

36-18     2.  Except as otherwise provided in this subsection, the

36-19  Department shall determine that a school district has failed to

36-20  make adequate yearly progress if any subgroup of pupils identified

36-21  in paragraph (b) of subsection 1 of section 5 of this act who are

36-22  enrolled in the school district does not satisfy the annual

36-23  measurable objectives established by the State Board pursuant to

36-24  that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the

36-25  regulations adopted pursuant thereto, the State Board shall

36-26  prescribe by regulation the conditions under which a school

36-27  district shall be deemed to have made adequate yearly progress

36-28  even though a subgroup of pupils identified in paragraph (b) of

36-29  subsection 1 of section 5 of this act who are enrolled in the school

36-30  district did not satisfy the annual measurable objectives of the

36-31  State Board.

36-32     3.  In addition to the provisions of subsection 2, the

36-33  Department shall determine that a school district has failed to

36-34  make adequate yearly progress if:

36-35     (a) The number of pupils enrolled in the school district who

36-36  took the examinations administered pursuant to NRS 389.550 or

36-37  the high school proficiency examination, as applicable, is less

36-38  than 95 percent of all pupils enrolled in the school district who

36-39  were required to take the examinations; or

36-40     (b) Except as otherwise provided in subsection 4, for each

36-41  subgroup of pupils identified in paragraph (b) of subsection 1 of

36-42  section 5 of this act, the number of pupils enrolled in the school

36-43  district who took the examinations administered pursuant to NRS

36-44  389.550 or the high school proficiency examination, as applicable,

37-1  is less than 95 percent of all pupils in the subgroup who were

37-2  required to take the examinations.

37-3      4.  If the number of pupils in a particular subgroup who are

37-4  enrolled in a school district is insufficient to yield statistically

37-5  reliable information:

37-6      (a) The Department shall not determine that the school district

37-7  has failed to make adequate yearly progress pursuant to

37-8  paragraph (b) of subsection 3 based solely upon that particular

37-9  subgroup.

37-10     (b) The pupils in such a subgroup must be included in the

37-11  overall count of pupils enrolled in the school district who took the

37-12  examinations.

37-13  The State Board shall prescribe the mechanism for determining

37-14  the minimum number of pupils that must be in a subgroup for that

37-15  subgroup to yield statistically reliable information.

37-16     Sec. 34.  1.  The Department shall designate, on or before

37-17  July 1 of each year, each school district pursuant to section 35 of

37-18  this act. The initial designation of a school district as

37-19  demonstrating need for improvement must be based upon 2

37-20  consecutive years of data and information for that school district.

37-21     2.  If the Department determines that a school district is

37-22  demonstrating need for improvement, the Department shall issue a

37-23  preliminary designation for that school district on July 1. Before

37-24  making a final designation for a school district, the Department

37-25  shall provide the school district an opportunity to review the data

37-26  upon which the proposed designation is based and to present

37-27  evidence in the manner set forth in 20 U.S.C. § 6316(c)(5) and

37-28  the regulations adopted pursuant thereto. Not later than August 1,

37-29  the Department shall make a final determination concerning the

37-30  designation of the school district.

37-31     3.  On or before August 1 of each year, the Department shall

37-32  provide written notice of the determinations made pursuant to

37-33  section 33 of this act and the final designations made pursuant to

37-34  this section as follows:

37-35     (a) The determinations made for all school districts in this

37-36  state to the:

37-37         (1) Governor;

37-38         (2) State Board;

37-39         (3) Committee; and

37-40         (4) Bureau.

37-41     (b) The determination made for a school district to the:

37-42         (1) Superintendent of schools of the school district; and

37-43         (2) Board of trustees of the school district.

37-44     4.  On or before August 1 of each year, the Department shall

37-45  make public the results of the review of school districts pursuant

38-1  to this section and disseminate the results to school personnel,

38-2  parents and guardians, pupils and members of the general public.

38-3  The publication and distribution must be made in the manner set

38-4  forth in 20 U.S.C. § 6316(c)(1) and the regulations adopted

38-5  pursuant thereto.

38-6      Sec. 35.  1.  Except as otherwise provided in paragraph (b)

38-7  of subsection 4, a school district must be designated as

38-8  demonstrating exemplary achievement if the school district:

38-9      (a) Makes adequate yearly progress, as determined by the

38-10  Department pursuant to section 33 of this act; and

38-11     (b) Satisfies the requirements prescribed by the State Board

38-12  pursuant to section 6 of this act.

38-13     2.  Except as otherwise provided in paragraph (b) of

38-14  subsection 4, a school district must be designated as demonstrating

38-15  high achievement if the school district:

38-16     (a) Makes adequate yearly progress, as determined by the

38-17  Department pursuant to section 33 of this act; and

38-18     (b) Satisfies the requirements of the State Board prescribed

38-19  pursuant to section 6 of this act.

38-20     3.  Except as otherwise provided in paragraph (b) of

38-21  subsection 4, a school district must be designated as demonstrating

38-22  adequate achievement if the school district makes adequate yearly

38-23  progress, as determined by the Department pursuant to section 33

38-24  of this act.

38-25     4.  A school district must be designated as demonstrating need

38-26  for improvement if:

38-27     (a) The school district fails to make adequate yearly progress,

38-28  as determined by the Department pursuant to section 33 of this

38-29  act; or

38-30     (b) The school district makes adequate yearly progress, as

38-31  determined by the Department pursuant to section 33 of this act,

38-32  but was designated as demonstrating need for improvement

38-33  pursuant to paragraph (a) in the immediately preceding year for

38-34  failing to make adequate yearly progress.

38-35  The initial designation of a school district as demonstrating need

38-36  for improvement must be based upon 2 consecutive years of data

38-37  and information for that school district.

38-38     5.  If a school district is designated as demonstrating need for

38-39  improvement pursuant to paragraph (a) of subsection 4, the

38-40  designation of the school district as demonstrating need for

38-41  improvement must not be removed until the school district has

38-42  made adequate yearly progress for 2 consecutive years.

38-43     Sec. 36.  1.  If a school district is designated as

38-44  demonstrating need for improvement pursuant to section 35 of this

38-45  act, the Department shall provide notice of the designation to the

39-1  parents and guardians of pupils enrolled in the school district on

39-2  the form prescribed by the Department pursuant to section 39 of

39-3  this act. The State Board shall prescribe, by regulation, the time by

39-4  which such notice must be provided.

39-5      2.  If a school district is designated as demonstrating need for

39-6  improvement pursuant to section 35 of this act, the Department

39-7  and any other entity authorized by the Department, including,

39-8  without limitation, the Bureau, shall provide technical assistance

39-9  to the school district in the manner set forth in 20 U.S.C. §

39-10  6316(c)(9) and the regulations adopted pursuant thereto.

39-11     3.  Except as otherwise provided in section 38 of this act, after

39-12  providing technical assistance pursuant to subsection 2, the

39-13  Department may take corrective action in the manner set forth in

39-14  20 U.S.C. § 6316(c)(10) and the regulations adopted pursuant

39-15  thereto against a school district that is designated as

39-16  demonstrating need for improvement, including, without

39-17  limitation, a school district that is not a Title I school district.

39-18     4.  Except as otherwise provided in section 38 of this act, if a

39-19  Title I school district is designated as demonstrating need for

39-20  improvement for 3 or more consecutive years, the Department

39-21  shall take corrective action as set forth in 20 U.S.C. § 6316(c)(10)

39-22  and the regulations adopted pursuant thereto against the school

39-23  district.

39-24     Sec. 37.  1.  Except as otherwise provided in section 38 of

39-25  this act, if corrective action for a school district is required

39-26  pursuant to 20 U.S.C. § 6316(c)(10) or if the Department

39-27  determines that corrective action is appropriate for a school

39-28  district pursuant to subsection 3 of section 36 of this act, the

39-29  Department shall take one or more of the following corrective

39-30  actions:

39-31     (a) Deferring money for programs or reducing money for

39-32  administrative purposes.

39-33     (b) Instituting and fully carrying out a new curriculum that is

39-34  based upon the standards of content and performance adopted by

39-35  the State Board pursuant to NRS 389.520, including, without

39-36  limitation, the provision of appropriate professional development

39-37  relating to the new curriculum.

39-38     (c) Replacing employees of the school district if the

39-39  Department determines that those employees contributed to the

39-40  failure of the school district to make adequate yearly progress.

39-41     (d) Removing particular schools within the school district from

39-42  the jurisdiction of the school district and establishing an

39-43  alternative system of governance and supervision for those

39-44  schools.

40-1      (e) Appointing a receiver or trustee to administer the affairs of

40-2  the school district.

40-3      (f) Taking appropriate steps to abolish the school district,

40-4  including, without limitation, making recommendations to the

40-5  Legislature for revisions to applicable statutes to abolish the

40-6  school district.

40-7      (g) Authorizing pupils to transfer from schools operated by the

40-8  school district to schools operated by another school district that

40-9  are not designated as demonstrating need for improvement.

40-10     2.  Before carrying out corrective action pursuant to this

40-11  section, the Department shall provide notice to the board of

40-12  trustees of the school district and an opportunity for a hearing.

40-13  The Department shall continue to provide technical assistance

40-14  pursuant to subsection 2 of section 36 of this act during the time

40-15  that the corrective action is carried out.

40-16     3.  If corrective action is taken against a school district

40-17  pursuant to this section, the Department shall, not later than 10

40-18  days after the corrective action is taken, provide notice to the

40-19  parents and guardians of pupils enrolled in the school district, the

40-20  Governor, the Committee, the Bureau and the general public

40-21  concerning the corrective action. The notice must comply with 20

40-22  U.S.C. § 6316(c)(10).

40-23     Sec. 38.  The Department shall grant a delay from the

40-24  imposition of corrective action for a school district for a period not

40-25  to exceed 1 year if the school district qualifies for a delay in the

40-26  manner set forth in 20 U.S.C. § 6316(c)(10)(F). If the school

40-27  district fails to make adequate yearly progress during the period of

40-28  the delay, the Department shall proceed with corrective action as if

40-29  the delay never occurred.

40-30     Sec. 39.  1.  The Department shall prescribe a form for

40-31  notice to parents and guardians concerning the designation of a

40-32  public school as demonstrating need for improvement pursuant to

40-33  section 16 of this act. For Title I schools, the notice must comply

40-34  with 20 U.S.C. § 6316(b)(6) and the regulations adopted pursuant

40-35  thereto.

40-36     2.  The Department shall prescribe a form for notice to

40-37  parents and guardians pursuant to section 36 of this act

40-38  concerning the designation of a school district as demonstrating

40-39  need for improvement. For Title I school districts, the notice must

40-40  comply with 20 U.S.C. § 6316(c)(6) and the regulations adopted

40-41  pursuant thereto.

40-42     Sec. 40.  1.  The Department shall select, in the manner set

40-43  forth in 20 U.S.C. § 6316(e) and the regulations adopted pursuant

40-44  thereto, providers of supplemental educational services that must

40-45  be used by Title I schools designated as demonstrating need for

41-1  improvement pursuant to sections 22, 27 and 30 of this act. In

41-2  making a selection of providers, the Department shall consider

41-3  the recommendations submitted by the Committee pursuant to

41-4  NRS 218.5354.

41-5      2.  The Department shall maintain an updated list of approved

41-6  providers throughout this state, categorized by the school districts

41-7  in which the supplemental educational services are offered.

41-8      Sec. 41.  NRS 385.007 is hereby amended to read as follows:

41-9      385.007  As used in this title, unless the context otherwise

41-10  requires:

41-11     1.  “Charter school” means a public school that is formed

41-12  pursuant to the provisions of NRS 386.500 to 386.610, inclusive[.] ,

41-13  and section 49 of this act.

41-14     2.  “Department” means the Department of Education.

41-15     3.  “Limited English proficient” has the meaning ascribed to

41-16  it in 20 U.S.C. § 7801(25).

41-17     4.  “Public schools” means all kindergartens and elementary

41-18  schools, junior high schools and middle schools, high schools,

41-19  charter schools and any other schools, classes and educational

41-20  programs which receive their support through public taxation and,

41-21  except for charter schools, whose textbooks and courses of study are

41-22  under the control of the State Board.

41-23     [4.] 5.  “State Board” means the State Board of Education.

41-24     Sec. 42.  NRS 385.230 is hereby amended to read as follows:

41-25      385.230  1.  The Superintendent of Public Instruction shall

41-26  report to the Governor biennially, on or before December 1, in the

41-27  year immediately preceding a regular session of the Legislature

41-28  concerning matters relating to education in this state[.] , including,

41-29  without limitation, an analysis of each annual report of

41-30  accountability prepared by the State Board pursuant to section 8

41-31  of this act in the immediately preceding 2 years.

41-32     2.  The Superintendent of Public Instruction shall report to the

41-33  Legislature during each regular session of the Legislature

41-34  concerning matters relating to education in this state[.] , including,

41-35  without limitation, an analysis of each annual report of

41-36  accountability prepared by the State Board pursuant to section 8

41-37  of this act in the immediately preceding 2 years.

41-38     Sec. 43.  NRS 385.3455 is hereby amended to read as follows:

41-39      385.3455  As used in NRS 385.3455 to 385.391, inclusive, and

41-40  sections 2 to 40, inclusive, of this act, unless the context otherwise

41-41  requires, the words and terms defined in NRS 385.346 and 385.3465

41-42  and sections 2 and 3 of this act have the meanings ascribed to them

41-43  in those sections.

 

 

42-1      Sec. 44.  NRS 385.347 is hereby amended to read as follows:

42-2      385.347  1.  The board of trustees of each school district in

42-3  this state, in cooperation with associations recognized by the State

42-4  Board as representing licensed personnel in education in the district,

42-5  shall adopt a program providing for the accountability of the school

42-6  district to the residents of the district and to the State Board for the

42-7  quality of the schools and the educational achievement of the pupils

42-8  in the district, including, without limitation, pupils enrolled in

42-9  charter schools in the school district. The board of trustees of a

42-10  school district shall report the information required by subsection 2

42-11  for each charter school within the school district, regardless of the

42-12  sponsor of the charter school.

42-13     2.  The board of trustees of each school district shall, on or

42-14  before [March 31] August 15 of each year, [report to the residents of

42-15  the district] prepare an annual report of accountability concerning:

42-16     (a) The educational goals and objectives of the school district.

42-17     (b) Pupil achievement for [grades 4, 8, 10 and 11 for] each

42-18  school in the district and the district as a whole, including, without

42-19  limitation, each charter school in the district.[Unless otherwise

42-20  directed by the Department, the] The board of trustees of the district

42-21  shall base its report on the results of the examinations administered

42-22  pursuant to NRS 389.015 and 389.550 and shall compare the results

42-23  of those examinations for the current school year with those of

42-24  previous school years. The report must include, for each school in

42-25  the district, including, without limitation, each charter school in the

42-26  district, and each grade in which the examinations were

42-27  administered:

42-28         (1) The number of pupils who took the examinations;

42-29         (2) An explanation of instances in which a school was

42-30  exempt from administering or a pupil was exempt from taking an

42-31  examination; [and]

42-32         (3) A record of attendance for the period in which the

42-33  examinations were administered, including an explanation of any

42-34  difference in the number of pupils who took the examinations and

42-35  the number of pupils who are enrolled in the school[.

42-36  In addition, the board shall also report the results of other

42-37  examinations of pupil achievement administered to pupils in the

42-38  school district in grades other than 4, 8, 10 and 11. The results of

42-39  these examinations for the current school year must be compared

42-40  with those of previous school years.] ;

42-41         (4) Except as otherwise provided in this paragraph, pupil

42-42  achievement, reported separately by gender and reported

42-43  separately for the following subgroups of pupils:

42-44             (I) Pupils who are economically disadvantaged, as

42-45  defined by the State Board;

43-1              (II) Pupils from major racial and ethnic groups, as

43-2  defined by the State Board;

43-3              (III) Pupils with disabilities;

43-4              (IV) Pupils who are limited English proficient; and

43-5              (V) Pupils who are migratory children, as defined by the

43-6  State Board;

43-7          (5) A comparison of the achievement of pupils in each

43-8  subgroup identified in paragraph (b) of subsection 1 of section 5

43-9  of this act with the annual measurable objectives of the State

43-10  Board;

43-11         (6) The percentage of pupils who were not tested;

43-12         (7) Except as otherwise provided in this paragraph, the

43-13  percentage of pupils who were not tested, reported separately by

43-14  gender and reported separately for the subgroups identified in

43-15  subparagraph (4);

43-16         (8) The most recent 3-year trend in pupil achievement in

43-17  each subject area tested and each grade level tested pursuant to

43-18  NRS 389.015 and 389.550, which may include information

43-19  regarding the trend in the achievement of pupils for more than 3

43-20  years, if such information is available;

43-21         (9) Information that compares the results of pupils in the

43-22  school district, including, without limitation, pupils enrolled in

43-23  charter schools in the district, with the results of pupils

43-24  throughout this state. The information required by this

43-25  subparagraph must be provided in consultation with the

43-26  Department to ensure the accuracy of the comparison; and

43-27         (10) For each school in the district, including, without

43-28  limitation, each charter school in the district, information that

43-29  compares the results of pupils in the school with the results of

43-30  pupils throughout the school district and throughout this state.

43-31  The information required by this subparagraph must be provided

43-32  in consultation with the Department to ensure the accuracy of the

43-33  comparison.

43-34  A separate reporting for a subgroup of pupils must not be made

43-35  pursuant to this paragraph if the number of pupils in that

43-36  subgroup is insufficient to yield statistically reliable information

43-37  or the results would reveal personally identifiable information

43-38  about an individual pupil. The State Board shall prescribe the

43-39  mechanism for determining the minimum number of pupils that

43-40  must be in a subgroup for that subgroup to yield statistically

43-41  reliable information.

43-42     (c) The ratio of pupils to teachers in kindergarten and at each

43-43  grade level for each elementary school in the district and the district

43-44  as a whole, including, without limitation, each charter school in the

43-45  district, and the average class size for each [required course of

44-1  study] core academic subject, as set forth in NRS 389.018, for each

44-2  secondary school in the district and the district as a whole,

44-3  including, without limitation, each charter school in the district . [,

44-4  and other data concerning licensed and unlicensed employees of the

44-5  school district.

44-6      (d) The percentage of classes taught by teachers who have been

44-7  assigned to teach English, mathematics, science or social studies but

44-8  do not possess a license with an endorsement to teach in that subject

44-9  area, for each school in the district and the district as a whole,

44-10  including, without limitation, each charter school in the district.]

44-11     (d) Information on the professional qualifications of teachers

44-12  employed by each school in the district and the district as a whole,

44-13  including, without limitation, each charter school in the district.

44-14  The information must include, without limitation:

44-15         (1) The percentage of teachers who are:

44-16             (I) Providing instruction pursuant to NRS 391.125;

44-17             (II) Providing instruction pursuant to a waiver of the

44-18  requirements for licensure for the grade level or subject area in

44-19  which the teachers are employed; or

44-20             (III) Otherwise providing instruction without an

44-21  endorsement for the subject area in which the teachers are

44-22  employed;

44-23         (2) The percentage of classes in the core academic subjects,

44-24  as set forth in NRS 389.018, that are not taught by highly qualified

44-25  teachers; and

44-26         (3) The percentage of classes in the core academic subjects,

44-27  as set forth in NRS 389.018, that are not taught by highly qualified

44-28  teachers, in the aggregate and disaggregated by high-poverty

44-29  compared to low-poverty schools, which for the purposes of this

44-30  subparagraph, means schools in the top quartile of poverty and

44-31  the bottom quartile of poverty in this state.

44-32     (e) The total expenditure per pupil for each school in the district

44-33  and the district as a whole, including, without limitation, each

44-34  charter school in the district. If this state has a financial analysis

44-35  program that is designed to track educational expenditures and

44-36  revenues to individual schools, each school district shall use that

44-37  statewide program in complying with this paragraph. If a

44-38  statewide program is not available, each school district shall use

44-39  its own financial analysis program in complying with this

44-40  paragraph.

44-41     (f) The curriculum used by the school district, including:

44-42         (1) Any special programs for pupils at an individual school;

44-43  and

44-44         (2) The curriculum used by each charter school in the

44-45  district.

45-1      (g) Records of the attendance and truancy of pupils in all grades,

45-2  including, without limitation[, the] :

45-3          (1) The average daily attendance of pupils, for each school in

45-4  the district and the district as a whole, including, without limitation,

45-5  each charter school in the district.

45-6          (2) For each elementary school, middle school and junior

45-7  high school in the district, including, without limitation, each

45-8  charter school in the district that provides instruction to pupils

45-9  enrolled in a grade level other than high school, information that

45-10  compares the attendance of the pupils enrolled in the school with

45-11  the attendance of pupils throughout the district and throughout

45-12  this state. The information required by this subparagraph must be

45-13  provided in consultation with the Department to ensure the

45-14  accuracy of the comparison.

45-15     (h) The annual rate of pupils who drop out of school in grades 9

45-16  to 12, inclusive, for each such grade, for each school in the district

45-17  and for the district as a whole, excluding pupils who:

45-18         (1) Provide proof to the school district of successful

45-19  completion of the examinations of general educational development.

45-20         (2) Are enrolled in courses that are approved by the

45-21  Department as meeting the requirements for an adult standard

45-22  diploma.

45-23         (3) Withdraw from school to attend another school.

45-24     (i) Records of attendance of teachers who provide instruction,

45-25  for each school in the district and the district as a whole, including,

45-26  without limitation, each charter school in the district.

45-27     (j) Efforts made by the school district and by each school in the

45-28  district, including, without limitation, each charter school in the

45-29  district, to increase:

45-30         (1) Communication with the parents of pupils in the district;

45-31  and

45-32         (2) The participation of parents in the educational process

45-33  and activities relating to the school district and each school,

45-34  including, without limitation, the existence of parent organizations

45-35  and school advisory committees.

45-36     (k) Records of incidents involving weapons or violence for each

45-37  school in the district, including, without limitation, each charter

45-38  school in the district.

45-39     (l) Records of incidents involving the use or possession of

45-40  alcoholic beverages or controlled substances for each school in the

45-41  district, including, without limitation, each charter school in the

45-42  district.

45-43     (m) Records of the suspension and expulsion of pupils required

45-44  or authorized pursuant to NRS 392.466 and 392.467.

46-1      (n) The number of pupils who are deemed habitual disciplinary

46-2  problems pursuant to NRS 392.4655, for each school in the district

46-3  and the district as a whole, including, without limitation, each

46-4  charter school in the district.

46-5      (o) The number of pupils in each grade who are retained in the

46-6  same grade pursuant to NRS 392.033 or 392.125, for each school in

46-7  the district and the district as a whole, including, without limitation,

46-8  each charter school in the district.

46-9      (p) The transiency rate of pupils for each school in the district

46-10  and the district as a whole, including, without limitation, each

46-11  charter school in the district. For the purposes of this paragraph, a

46-12  pupil is not transient if he is transferred to a different school within

46-13  the school district as a result of a change in the zone of attendance

46-14  by the board of trustees of the school district pursuant to

46-15  NRS 388.040.

46-16     (q) Each source of funding for the school district.

46-17     (r) The amount and sources of money received for remedial

46-18  education for each school in the district and the district as a whole,

46-19  including, without limitation, each charter school in the district.

46-20     (s) For each high school in the district, including, without

46-21  limitation, each charter school in the district, the percentage of

46-22  pupils who graduated from that high school or charter school in the

46-23  immediately preceding year and enrolled in remedial courses in

46-24  reading, writing or mathematics at a university or community

46-25  college within the University and Community College System of

46-26  Nevada.

46-27     (t) The technological facilities and equipment available at each

46-28  school, including, without limitation, each charter school, and the

46-29  district’s plan to incorporate educational technology at each school.

46-30     (u) For each school in the district and the district as a whole,

46-31  including, without limitation, each charter school in the district, the

46-32  number and percentage of pupils who [graduate with:] received:

46-33         (1) A standard high school diploma.

46-34         (2) An adjusted diploma.

46-35         (3) A certificate of attendance.

46-36     (v) For each school in the district and the district as a whole,

46-37  including, without limitation, each charter school in the district, the

46-38  number and percentage of pupils who did not receive a high school

46-39  diploma because the pupils failed to pass the high school

46-40  proficiency examination.

46-41     (w) The number of habitual truants who are reported to a school

46-42  police officer or law enforcement agency pursuant to paragraph (a)

46-43  of subsection 2 of NRS 392.144 and the number of habitual truants

46-44  who are referred to an advisory board to review school attendance

47-1  pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each

47-2  school in the district and for the district as a whole.

47-3      (x) The amount and sources of money received for the training

47-4  and professional development of teachers and other educational

47-5  personnel for each school in the district and for the district as a

47-6  whole, including, without limitation, each charter school in the

47-7  district.

47-8      (y) Whether the school district has made adequate yearly

47-9  progress. If the school district has been designated as

47-10  demonstrating need for improvement pursuant to section 35 of this

47-11  act, the report must include a statement indicating the number of

47-12  consecutive years the school district has carried that designation.

47-13     (z) Information on whether each public school in the district,

47-14  including, without limitation, each charter school in the district,

47-15  has made adequate yearly progress, including, without limitation:

47-16         (1) The number and percentage of schools in the district, if

47-17  any, that have been designated as needing improvement pursuant

47-18  to section 16 of this act; and

47-19         (2) The name of each school, if any, in the district that has

47-20  been designated as needing improvement pursuant to section 16 of

47-21  this act and the number of consecutive years that the school has

47-22  carried that designation.

47-23     (aa) Information on the paraprofessionals employed by each

47-24  public school in the district, including, without limitation, each

47-25  charter school in the district. The information must include:

47-26         (1) The number of paraprofessionals employed at the

47-27  school; and

47-28         (2) The number and percentage of all paraprofessionals

47-29  who do not satisfy the qualifications set forth in 20 U.S.C. §

47-30  6319(c). The reporting requirements of this subparagraph apply to

47-31  paraprofessionals who are employed in positions supported with

47-32  Title I money and to paraprofessionals who are not employed in

47-33  positions supported with Title I money.

47-34     (bb) For each high school in the district, including, without

47-35  limitation, each charter school that operates as a high school,

47-36  information that provides a comparison of the rate of graduation

47-37  of pupils enrolled in the high school with the rate of graduation of

47-38  pupils throughout the district and throughout this state. The

47-39  information required by this paragraph must be provided in

47-40  consultation with the Department to ensure the accuracy of the

47-41  comparison.

47-42     (cc) An identification of the appropriations made by the

47-43  Legislature that are available to the school district or the schools

47-44  within the district and programs approved by the Legislature to

47-45  improve the academic achievement of pupils.

48-1      (dd) Such other information as is directed by the Superintendent

48-2  of Public Instruction.

48-3      3.  The records of attendance maintained by a school for

48-4  purposes of paragraph (i) of subsection 2 must include the number

48-5  of teachers who are in attendance at school and the number of

48-6  teachers who are absent from school. A teacher shall be deemed in

48-7  attendance if the teacher is excused from being present in the

48-8  classroom by the school in which he is employed for one of the

48-9  following reasons:

48-10     (a) Acquisition of knowledge or skills relating to the

48-11  professional development of the teacher; or

48-12     (b) Assignment of the teacher to perform duties for cocurricular

48-13  or extracurricular activities of pupils.

48-14     4.  The annual report of accountability prepared pursuant to

48-15  subsection 2 must:

48-16     (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations

48-17  adopted pursuant thereto; and

48-18     (b) Be presented in an understandable and uniform format

48-19  and to the extent practicable, provided in a language that parents

48-20  can understand.

48-21     5.  The Superintendent of Public Instruction shall:

48-22     (a) Prescribe forms for the reports required pursuant to

48-23  subsection 2 and provide the forms to the respective school districts.

48-24     (b) Provide statistical information and technical assistance to the

48-25  school districts to ensure that the reports provide comparable

48-26  information with respect to each school in each district and among

48-27  the districts[.] throughout this state.

48-28     (c) Consult with a representative of the:

48-29         (1) Nevada State Education Association;

48-30         (2) Nevada Association of School Boards;

48-31         (3) Nevada Association of School Administrators;

48-32         (4) Nevada Parent [Teachers] Teacher Association;

48-33         (5) Budget Division of the Department of Administration;

48-34  and

48-35         (6) Legislative Counsel Bureau,

48-36  concerning the program and consider any advice or

48-37  recommendations submitted by the representatives with respect to

48-38  the program.

48-39     [5.] 6.  The Superintendent of Public Instruction may consult

48-40  with representatives of parent groups other than the Nevada Parent

48-41  Teachers Association concerning the program and consider any

48-42  advice or recommendations submitted by the representatives with

48-43  respect to the program.

48-44     [6.] 7.  On or before April [15] 1 of each year, the board of

48-45  trustees of each school district shall submit to [each] :

49-1      (a) Each advisory board to review school attendance created in

49-2  the county pursuant to NRS 392.126 the information required in

49-3  paragraph (g) of subsection 2.

49-4      (b) The Commission on Educational Technology created by

49-5  NRS 388.790 the information prepared by the board of trustees

49-6  pursuant to paragraph (t) of subsection 2.

49-7      8.  On or before August 15 of each year, the board of trustees

49-8  of each school district shall:

49-9      (a) Submit the report required pursuant to subsection 2 to the:

49-10         (1) Governor;

49-11         (2) State Board;

49-12         (3) Department;

49-13         (4) Committee; and

49-14         (5) Bureau.

49-15     (b) Provide for public dissemination of the annual report of

49-16  accountability prepared pursuant to subsection 2 in the manner

49-17  set forth in 20 U.S.C. § 6311(h)(2)(E) to the schools in the school

49-18  district, including, without limitation, each charter school in the

49-19  district, the residents of the district, and the parents and guardians

49-20  of pupils enrolled in schools in the district, including, without

49-21  limitation, each charter school in the district.

49-22     9.  As used in this section:

49-23     (a) “Highly qualified” has the meaning ascribed to it in 20

49-24  U.S.C. § 7801(23).

49-25     (b) “Paraprofessional” has the meaning ascribed to it in

49-26  section 73 of this act.

49-27     Sec. 45.  NRS 385.354 is hereby amended to read as follows:

49-28      385.354  1.  If the board of trustees of a school district in a

49-29  county whose population is 400,000 or more, or the superintendent

49-30  of schools of such a school district, creates regional subdistricts

49-31  within the school district, each regional subdistrict shall, on or

49-32  before [April] August 15 of each year, prepare an annual report. The

49-33  annual report must include, without limitation, for the immediately

49-34  preceding school year:

49-35     (a) A description of the geographic area that comprises the

49-36  subdistrict.

49-37     (b) A list of the administrative leadership of the subdistrict.

49-38     (c) The number of public meetings, if any, held by the

49-39  subdistrict.

49-40     (d) The information required by subsection 2 of NRS 385.347,

49-41  reported for the subdistrict as a whole and for each school within the

49-42  subdistrict.

49-43     (e) The total number of administrators employed to provide

49-44  services within the subdistrict, and the total amount of money paid

49-45  to those administrators for salaries and benefits.

50-1      (f) The total number of teachers and other educational personnel

50-2  employed to provide instruction and other educational services in

50-3  schools within the subdistrict, and the total amount of money paid to

50-4  those teachers and personnel for salaries and benefits.

50-5      (g) The number of substitute teachers who were employed to

50-6  provide instruction in schools within the subdistrict for a period of

50-7  30 consecutive days or more and the subject areas taught by those

50-8  substitute teachers.

50-9      (h) The number of administrators, teachers and other educational

50-10  personnel identified in paragraphs (e) and (f) that attended a

50-11  regional training program for the professional development of

50-12  teachers and administrators established pursuant to NRS 391.512,

50-13  including, without limitation:

50-14         (1) The type of training received; and

50-15         (2) A summary of the evaluation of the training by the

50-16  teachers and administrators who participated.

50-17     (i) Demographic information concerning the pupils enrolled in

50-18  schools within the subdistrict, including, without limitation:

50-19         (1) Race;

50-20         (2) Ethnicity;

50-21         (3) Gender;

50-22         (4) The percentage of pupils with disabilities who received

50-23  special education pursuant to NRS 388.440 to 388.520, inclusive;

50-24         (5) The percentage of gifted and talented pupils who received

50-25  special education pursuant to NRS 388.440 to 388.520, inclusive;

50-26         (6) The percentage of pupils who participated in the program

50-27  for free or reduced-price school lunches pursuant to 42 U.S.C. §§

50-28  1751 et seq.; and

50-29         (7) The percentage of pupils who participated in educational

50-30  programs for migratory children provided pursuant to 20 U.S.C. §§

50-31  6391 et seq.

50-32     (j) The number of schools, if any, within the subdistrict that

50-33  were designated as demonstrating need for improvement.

50-34     (k) A summary of each program for remediation, if any,

50-35  purchased for the schools within the subdistrict, including, without

50-36  limitation:

50-37         (1) The name of the program; and

50-38         (2) The costs of the program.

50-39     (l) The number of preschool children who participated in early

50-40  childhood education programs provided by the school district, the

50-41  subdistrict or schools within the subdistrict.

50-42     (m) The budget for the subdistrict, including, without limitation,

50-43  the:

51-1          (1) Amount of money from the school district’s total budget

51-2  that was allocated to the subdistrict or for use to operate the schools

51-3  within the subdistrict; and

51-4          (2) Actual expenditures of the subdistrict or school district,

51-5  as applicable, expressed on a per pupil basis, to operate the schools

51-6  within the subdistrict.

51-7      (n) The establishment of zones of attendance, if any, or changes

51-8  made to the existing zones of attendance, if any, that affected the

51-9  subdistrict and the number of pupils within the subdistrict who were

51-10  affected by each change.

51-11     (o) The number of schools within the subdistrict, if any, that

51-12  converted to a year-round schedule.

51-13     (p) A description of the procedure of the subdistrict for hearing

51-14  grievances and complaints of parents and legal guardians of pupils

51-15  enrolled in schools within the subdistrict.

51-16     2.  On or before [April] August 15 of each year, each regional

51-17  subdistrict shall submit to the board of trustees of the school district

51-18  in which the subdistrict is located, the written report prepared

51-19  pursuant to subsection 1. On or before [June] December 15 of each

51-20  year, the board of trustees shall submit a written compilation of the

51-21  reports to the:

51-22     (a) Legislative Commission;

51-23     (b) Committee; and

51-24     (c) Department.

51-25  The written compilation must include, without limitation, an

51-26  analysis and evaluation of the equity among the regional subdistricts

51-27  based upon the information reported.

51-28     3.  The board of trustees of a school district that includes

51-29  regional subdistricts which are required to submit reports pursuant

51-30  to this section shall prescribe forms for the reports.

51-31     Sec. 46.  NRS 385.359 is hereby amended to read as follows:

51-32      385.359  1.  The Bureau shall contract with a person or entity

51-33  to:

51-34     (a) Review and analyze , [the information submitted to the

51-35  Bureau pursuant to NRS 385.351] in accordance with the standards

51-36  prescribed by the Committee pursuant to subsection 2 of NRS

51-37  218.5354[;] , the:

51-38         (1) Annual report of accountability prepared by:

51-39             (I) The State Board pursuant to section 8 of this act;

51-40  and

51-41             (II) The board of trustees of each school district

51-42  pursuant to NRS 385.347.

51-43         (2) Plan to improve the achievement of pupils prepared by:

51-44             (I) The State Board pursuant to section 9 of this act;

52-1              (II) The board of trustees of each school district

52-2  pursuant to section 10 of this act; and

52-3              (III) Each school pursuant to section 11 of this act

52-4  identified by the Bureau for review, if any.

52-5      (b) Submit a written report to and consult with the State Board

52-6  and the Department regarding any methods by which the State

52-7  Board may improve the accuracy of the report of accountability

52-8  required pursuant to section 8 of this act and the plan to improve

52-9  the achievement of pupils required pursuant to section 9 of this

52-10  act, and the purposes for which the report and plan to improve are

52-11  used.

52-12     (c) Submit a written report to and consult with each school

52-13  district regarding any methods by which the district may improve

52-14  the accuracy of the report required pursuant to subsection 2 of NRS

52-15  385.347 and the [written report and written procedure required

52-16  pursuant to NRS 385.351,] plan to improve the achievement of

52-17  pupils required pursuant to section 10 of this act, and the purposes

52-18  for which the [reports and written procedure are used; and

52-19     (c)] report and plan to improve are used.

52-20     (d) If requested by the Bureau, submit a written report to and

52-21  consult with individual schools identified by the Bureau regarding

52-22  any methods by which the school may improve the accuracy of the

52-23  information required to be reported for the school pursuant to

52-24  subsection 2 of NRS 385.347 and the plan to improve the

52-25  achievement of pupils required pursuant to section 11 of this act.

52-26     (e) Submit written reports and any recommendations to the

52-27  Committee and the Bureau concerning:

52-28         (1) The effectiveness of the provisions of NRS 385.3455 to

52-29  385.391, inclusive, and sections 2 to 40, inclusive, of this act in

52-30  improving the accountability of the schools of this state;

52-31         (2) The status of each school district that is designated as

52-32  demonstrating need for improvement pursuant to section 35 of this

52-33  act and each school that is designated as demonstrating need for

52-34  improvement pursuant to [NRS 385.367 and 385.368;] section 16 of

52-35  this act; and

52-36         (3) Any other matter related to the accountability of the

52-37  public schools of this state, as deemed necessary by the Bureau.

52-38     2.  The consultant with whom the Bureau contracts to perform

52-39  the duties required pursuant to subsection 1[:

52-40     (a) Must] must possess the experience and knowledge necessary

52-41  to perform those duties, as determined by the Committee . [; and

52-42     (b) Shall complete those duties within 6 months after the Bureau

52-43  provides to the consultant the report required pursuant to subsection

52-44  2 of NRS 385.347 and the written report and written procedure

52-45  required pursuant to NRS 385.351.]

53-1      Sec. 47.  NRS 385.389 is hereby amended to read as follows:

53-2      385.389  1.  The Department shall adopt programs of remedial

53-3  study for each subject tested on the examinations administered

53-4  pursuant to NRS 389.015[.] , including, without limitation,

53-5  programs that are designed for pupils who are limited English

53-6  proficient. The programs adopted for pupils who are limited

53-7  English proficient must be designed to:

53-8      (a) Improve the academic achievement of those pupils; or

53-9      (b) Assist those pupils with attaining proficiency in the English

53-10  language.

53-11  In adopting these programs of remedial study, the Department shall

53-12  consider the recommendations submitted by the Committee pursuant

53-13  to NRS 218.5354 and programs of remedial study that have proven

53-14  to be successful in improving the academic achievement of pupils.

53-15     2.  [A school that receives a designation as demonstrating need

53-16  for improvement pursuant to paragraph (a) of subsection 1 of NRS

53-17  385.367] Except as otherwise provided in section 15 of this act, if a

53-18  school fails to make adequate yearly progress or if less than 60

53-19  percent of the pupils enrolled in a school who took the

53-20  examinations administered pursuant to NRS 389.015 received an

53-21  average score on those examinations that is at least equal to the

53-22  26th percentile of the national reference group of pupils to which

53-23  the examinations were compared, the school shall adopt a program

53-24  of remedial study that has been adopted by the Department pursuant

53-25  to subsection 1.

53-26     3.  [A] Except as otherwise provided in section 15 of this act, a

53-27  school district that includes a school [which receives a designation

53-28  of demonstrating need for improvement pursuant to paragraph (a) of

53-29  subsection 1 of NRS 385.367] described in subsection 2 shall

53-30  ensure that each of the pupils enrolled in the school who failed to

53-31  demonstrate at least adequate achievement on the examinations

53-32  administered pursuant to NRS 389.015 completes, in accordance

53-33  with the requirements set forth in subsection [5] 4 of NRS 389.015,

53-34  remedial study that is determined to be appropriate for the pupil.

53-35     Sec. 48.  NRS 385.391 is hereby amended to read as follows:

53-36      385.391  1.  The Department shall adopt:

53-37     [1.] (a) Regulations to provide for the recognition of schools

53-38  that [receive] :

53-39         (1) Receive a designation as demonstrating exemplary

53-40  achievement or high achievement pursuant to [NRS 385.365;

53-41     2.  Regulations which prescribe the factors that the Department

53-42  will consider in determining whether to grant a waiver from the

53-43  establishment of a panel to supervise the academic probation of a

53-44  school pursuant to NRS 385.378, including, without limitation,

53-45  criteria for determining whether:

54-1      (a) A school has significantly improved for the purpose of

54-2  subsection 3 of NRS 385.378; and

54-3      (b) The number of pupils enrolled in a school who take the

54-4  examinations required pursuant to NRS 389.015 has significantly

54-5  increased for the purpose of subsection 4 of NRS 385.378; and

54-6      3.] section 16 of this act.

54-7          (2) Significantly improve the academic achievement of

54-8  subgroups of pupils identified in paragraph (b) of subsection 1 of

54-9  section 5 of this act.

54-10         (3) Exceed adequate yearly progress, as determined by the

54-11  Department pursuant to section 12 of this act, for 2 or more

54-12  consecutive years.

54-13     (b) Such regulations as it deems necessary to carry out the

54-14  provisions of this section and NRS 385.3455 to [385.386,] 385.391,

54-15  inclusive, and sections 2 to 40, inclusive, of this act, including,

54-16  without limitation, uniform standards for the type and format of data

54-17  that must be submitted by the school districts and the time by which

54-18  such data must be submitted.

54-19     2.  The Department may work in consultation with the Bureau

54-20  for identifying and publicizing the achievement of schools that are

54-21  recognized pursuant to paragraph (a) of subsection 1.

54-22     Sec. 49.  Chapter 386 of NRS is hereby amended by adding

54-23  thereto a new section to read as follows:

54-24     1.  A person who is initially hired as a paraprofessional by a

54-25  charter school after January 8, 2002, to work in a program

54-26  supported with Title I money must possess the qualifications

54-27  required by 20 U.S.C. § 6319(c).

54-28     2.  A person who is employed as a paraprofessional by a

54-29  charter school, regardless of the date of hire, to work in a program

54-30  supported with Title I money must possess, on or before

54-31  January 8, 2006, the qualifications required by 20 U.S.C. §

54-32  6319(c).

54-33     3.  For the purposes of this section, a person is not “initially

54-34  hired” if he has been employed as a paraprofessional by another

54-35  school district or charter school in this state without an

54-36  interruption in employment before the date of hire by his current

54-37  employer.

54-38     4.  As used in this section, “paraprofessional” has the

54-39  meaning ascribed to it in section 73 of this act.

54-40     Sec. 50.  NRS 386.500 is hereby amended to read as follows:

54-41      386.500  For the purposes of NRS 386.500 to 386.610,

54-42  inclusive, and section 49 of this act, a pupil is “at risk” if he has an

54-43  economic or academic disadvantage such that he requires special

54-44  services and assistance to enable him to succeed in educational

54-45  programs. The term includes, without limitation, pupils who are

55-1  members of economically disadvantaged families, pupils [with

55-2  limited proficiency in the English language,] who are limited

55-3  English proficient, pupils who are at risk of dropping out of high

55-4  school and pupils who do not meet minimum standards of academic

55-5  proficiency. The term does not include a pupil with a disability.

55-6      Sec. 51.  NRS 386.590 is hereby amended to read as follows:

55-7      386.590  1.  Except as otherwise provided in this subsection,

55-8  at least 70 percent of the teachers who provide instruction at a

55-9  charter school must be licensed teachers. If a charter school is a

55-10  vocational school, the charter school shall, to the extent practicable,

55-11  ensure that at least 70 percent of the teachers who provide

55-12  instruction at the school are licensed teachers, but in no event may

55-13  more than 50 percent of the teachers who provide instruction at the

55-14  school be unlicensed teachers.

55-15     2.  A governing body of a charter school shall employ:

55-16     (a) If the charter school offers instruction in kindergarten or

55-17  grade 1, 2, 3, 4 or 5, a licensed teacher to teach pupils who are

55-18  enrolled in those grades. If required by subsection 3 or 4, such a

55-19  teacher must possess the qualifications required by 20 U.S.C. §

55-20  6319(a).

55-21     (b) [If] Except as otherwise provided in subsections 3 and 4, if

55-22  the charter school offers instruction in grade 6, 7, 8, 9, 10, 11 or 12,

55-23  a licensed teacher to teach pupils who are enrolled in those grades

55-24  for the following courses of study:

55-25         (1) English, including reading, composition and writing;

55-26         (2) Mathematics;

55-27         (3) Science; and

55-28         (4) Social studies, which includes only the subjects of

55-29  history, geography, economics and government.

55-30     (c) In addition to the requirements of paragraphs (a) and (b):

55-31         (1) If a charter school specializes in arts and humanities,

55-32  physical education or health education, a licensed teacher to teach

55-33  those courses of study.

55-34         (2) If a charter school specializes in the construction industry

55-35  or other building industry, licensed teachers to teach courses of

55-36  study relating to the industry if those teachers are employed full

55-37  time.

55-38         (3) If a charter school specializes in the construction industry

55-39  or other building industry and the school offers courses of study in

55-40  computer education, technology or business, licensed teachers to

55-41  teach those courses of study if those teachers are employed full

55-42  time.

55-43     3.  A person who is initially hired by the governing body of a

55-44  charter school on or after January 8, 2002, to teach in a program

55-45  supported with money from Title I must possess the qualifications

56-1  required by 20 U.S.C. § 6319(a). For the purposes of this

56-2  subsection, a person is not “initially hired” if he has been

56-3  employed as a teacher by another school district or charter school

56-4  in this state without an interruption in employment before the date

56-5  of hire by his current employer.

56-6      4.  A teacher who is employed by a charter school, regardless

56-7  of the date of hire, must, on or before July 1, 2006, possess the

56-8  qualifications required by 20 U.S.C. § 6319(a) if he teaches one or

56-9  more of the following subjects:

56-10     (a) English, reading or language arts;

56-11     (b) Mathematics;

56-12     (c) Science;

56-13     (d) Foreign language;

56-14     (e) Civics or government;

56-15     (f) Economics;

56-16     (g) Geography;

56-17     (h) History; or

56-18     (i) The arts.

56-19     5.  A charter school may employ a person who is not licensed

56-20  pursuant to the provisions of chapter 391 of NRS to teach a course

56-21  of study for which a licensed teacher is not required pursuant to

56-22  [subsection 2] subsections 2, 3 and 4 if the person has:

56-23     (a) A degree, a license or a certificate in the field for which he is

56-24  employed to teach at the charter school; and

56-25     (b) At least 2 years of experience in that field.

56-26     [4.] 6.  A charter school may employ such administrators for

56-27  the school as it deems necessary. A person employed as an

56-28  administrator must possess:

56-29     (a) A master’s degree in school administration, public

56-30  administration or business administration; or

56-31     (b) If the person has at least 5 years of experience in

56-32  administration, a baccalaureate degree.

56-33     [5.] 7.  A charter school shall not employ a person pursuant to

56-34  this section if his license to teach or provide other educational

56-35  services has been revoked or suspended in this state or another state.

56-36     [6.] 8.  On or before November 15 of each year, a charter

56-37  school shall submit to the Department, in a format prescribed by the

56-38  Superintendent of Public Instruction, the following information for

56-39  each licensed employee who is employed by the governing body on

56-40  October 1 of that year:

56-41     (a) The amount of salary of the employee; and

56-42     (b) The designated assignment, as that term is defined by the

56-43  Department, of the employee.

 

 

57-1      Sec. 52.  NRS 386.605 is hereby amended to read as follows:

57-2      386.605  1.  On or before [January 1] July 15 of each year, the

57-3  governing body of each charter school shall submit the information

57-4  concerning the charter school that is required pursuant to subsection

57-5  2 of NRS 385.347 to the board of trustees of the school district in

57-6  which the charter school is located, regardless of the sponsor of the

57-7  charter school, for inclusion in the report of the school district

57-8  pursuant to that section. The information must be submitted by the

57-9  charter school in a format prescribed by the board of trustees.

57-10     2.  On or before [April] August 15of each year, the governing

57-11  body of each charter school shall submit the information applicable

57-12  to the charter school that is contained in the report pursuant to

57-13  paragraph (t) of subsection 2 of NRS 385.347 to the Commission on

57-14  Educational Technology created pursuant to NRS 388.790.

57-15     3.  [On or before June 15 of each year, the governing body of

57-16  each charter school shall prepare a:

57-17     (a) Separate written report summarizing the effectiveness of the

57-18  charter school’s program of accountability. The report must include:

57-19         (1) A review and analysis of the data upon which the report

57-20  required pursuant to subsection 2 of NRS 385.347 is based and a

57-21  review and analysis of any data that is more recent than the data

57-22  upon which the report is based;

57-23         (2) The identification of any problems or factors at the

57-24  charter school that are revealed by the review and analysis; and

57-25         (3) A summary of the efforts that the governing body has

57-26  made or intends to make to ensure that the teachers and other

57-27  educational personnel employed by the governing body receive

57-28  training and other professional development in:

57-29             (I) The standards of content and performance established

57-30  by the Council to Establish Academic Standards for Public Schools

57-31  pursuant to NRS 389.520;

57-32             (II) The assessment and measurement of pupil

57-33  achievement and the effective methods to analyze the test results

57-34  and scores of pupils to improve the achievement and proficiency of

57-35  pupils; and

57-36             (III) Specific content areas to enable the teachers and

57-37  other educational personnel to provide a higher level of instruction

57-38  in their respective fields of teaching.

57-39     (b) Written procedure to improve the achievement of pupils who

57-40  are enrolled in the charter school, including, but not limited to, a

57-41  description of the efforts the governing body has made to correct

57-42  any deficiencies identified in the written report required pursuant to

57-43  paragraph (a). The written procedure must describe sources of data

57-44  that will be used by the governing body to evaluate the effectiveness

57-45  of the written procedure.

58-1      4.  On or before June 15 of each year, the governing body of

58-2  each charter school shall submit copies of the written report and

58-3  written procedure required pursuant to subsection 3 to the:

58-4      (a) Governor;

58-5      (b) State Board;

58-6      (c) Department;

58-7      (d) Legislative Committee on Education created pursuant to

58-8  NRS 218.5352;

58-9      (e) Legislative Bureau of Educational Accountability and

58-10  Program Evaluation created pursuant to NRS 218.5356; and

58-11     (f) Board of trustees of the school district in which the charter

58-12  school is located.

58-13     5.  The Department shall maintain a record of the information

58-14  that it receives from each charter school pursuant to this section in

58-15  such a manner as will allow the Department to create for each

58-16  charter school a yearly profile of information.

58-17     6.  The governing body of each charter school shall ensure that

58-18  a copy of the written report and written procedure required pursuant

58-19  to subsection 3 is included with the final budget of the charter

58-20  school adopted by the governing body of the charter school pursuant

58-21  to the regulations of the Department.

58-22     7.]  The Legislative Bureau of Educational Accountability and

58-23  Program Evaluation created pursuant to NRS 218.5356 may

58-24  authorize a person or entity with whom it contracts pursuant to NRS

58-25  385.359 to review and analyze information submitted by charter

58-26  schools pursuant to this section[,] and section 11 of this act,

58-27  consult with the governing bodies of charter schools and submit

58-28  written reports concerning charter schools pursuant to NRS 385.359.

58-29     Sec. 53.  NRS 386.650 is hereby amended to read as follows:

58-30      386.650  1.  The Department shall establish and maintain [a

58-31  statewide] an automated system of accountability information

58-32  [concerning pupils.] for Nevada. The system must [be] :

58-33     (a) Have the capacity to provide and report information,

58-34  including, without limitation, the results of the achievement of

58-35  pupils:

58-36         (1) In the manner required by 20 U.S.C. §§ 6301 et seq.,

58-37  and the regulations adopted pursuant thereto, and NRS 385.347

58-38  and section 5 of this act; and

58-39         (2) In a separate reporting for each subgroup of pupils

58-40  identified in paragraph (b) of subsection 1 of section 5 of this act;

58-41     (b) Include a system of unique identification for each pupil:

58-42         (1) To ensure that individual pupils may be tracked over

58-43  time throughout this state; and

58-44         (2) That, to the extent practicable, may be used for

58-45  purposes of identifying a pupil for both the public schools and the

59-1  University and Community College System of Nevada, if that pupil

59-2  enrolls in the System after graduation from high school;

59-3      (c) Have the capacity to provide longitudinal comparisons of

59-4  the academic achievement, rate of attendance and rate of

59-5  graduation of pupils over time throughout this state;

59-6      (d) Have the capacity to perform a variety of longitudinal

59-7  analyses of the results of individual pupils on assessments,

59-8  including, without limitation, the results of pupils by classroom

59-9  and by school;

59-10     (e) Have the capacity to identify which teachers are assigned to

59-11  individual pupils and which paraprofessionals, if any, are

59-12  assigned to provide services to individual pupils;

59-13     (f) Have the capacity to provide other information concerning

59-14  schools and school districts that is not linked to individual pupils,

59-15  including, without limitation, the designation of schools and

59-16  school districts pursuant to sections 16 and 35 of this act,

59-17  respectively, and an identification of which schools, if any, are

59-18  persistently dangerous;

59-19     (g) Have the capacity to access financial accountability

59-20  information for each public school, including, without limitation,

59-21  each charter school, for each school district and for this state as a

59-22  whole; and

59-23     (h) Be designed to improve the ability of the Department, school

59-24  districts and the public schools in this state, including, without

59-25  limitation, charter schools, to account for the pupils who are

59-26  enrolled in the public schools, including, without limitation, charter

59-27  schools.

59-28  The information maintained pursuant to paragraphs (c), (d) and

59-29  (e) must not be used for the purpose of evaluating an individual

59-30  teacher or paraprofessional.

59-31     2.  The board of trustees of each school district shall:

59-32     (a) Adopt and maintain the program prescribed by the

59-33  Superintendent of Public Instruction pursuant to subsection 3 for

59-34  the collection, maintenance and transfer of data from the records of

59-35  individual pupils to the [statewide] automated system of

59-36  information, including, without limitation, the development of plans

59-37  for the educational technology which is necessary to adopt and

59-38  maintain the program;

59-39     (b) Provide to the Department electronic data concerning pupils

59-40  as required by the Superintendent of Public Instruction pursuant to

59-41  subsection 3; and

59-42     (c) Ensure that an electronic record is maintained in accordance

59-43  with subsection 3 of NRS 386.655.

59-44     3.  The Superintendent of Public Instruction shall:

60-1      (a) Prescribe a uniform program throughout this state for the

60-2  collection, maintenance and transfer of data that each school

60-3  district must adopt, which must include standardized software;

60-4      (b) Prescribe the data to be collected and reported to the

60-5  Department by each school district pursuant to subsection 2,

60-6  including, without limitation, data relating to each charter school

60-7  located within a school district regardless of the sponsor of the

60-8  charter school;

60-9      [(b)] (c) Prescribe the format for the data;

60-10     [(c)] (d) Prescribe the date by which each school district shall

60-11  report the data;

60-12     [(d)] (e) Prescribe the date by which each charter school located

60-13  within a school district shall report the data to the school district for

60-14  incorporation into the report of the school district, regardless of the

60-15  sponsor of the charter school;

60-16     [(e)] (f) Prescribe standardized codes for all data elements

60-17  used within the automated system and all exchanges of data within

60-18  the automated system, including, without limitation, data

60-19  concerning:

60-20         (1) Individual pupils;

60-21         (2) Individual teachers and paraprofessionals;

60-22         (3) Individual schools and school districts; and

60-23         (4) Programs and financial information;

60-24     (g) Provide technical assistance to each school district to ensure

60-25  that the data from each public school in the school district,

60-26  including, without limitation, each charter school located within the

60-27  school district, is compatible with the [statewide] automated system

60-28  of information and comparable to the data reported by other school

60-29  districts; and

60-30     [(f)] (h) Provide for the analysis and reporting of the data in the

60-31  [statewide] automated system of information.

60-32     4.  The Department shall establish, to the extent authorized by

60-33  the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

60-34  § 1232g, and any regulations adopted pursuant thereto, a

60-35  mechanism by which persons or entities, including, without

60-36  limitation, state officers who are members of the Executive or

60-37  Legislative Branch, administrators of public schools and school

60-38  districts, teachers and other educational personnel, and parents

60-39  and guardians, will have different types of access to the

60-40  accountability information contained within the automated system

60-41  to the extent that such information is necessary for the

60-42  performance of a duty or to the extent that such information may

60-43  be made available to the general public without posing a threat to

60-44  the confidentiality of an individual pupil.

61-1      5.  The Department may, to the extent authorized by the

61-2  Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §

61-3  1232g, and any regulations adopted pursuant thereto, enter into

61-4  an agreement with the University and Community College System

61-5  of Nevada to provide access to data contained within the

61-6  automated system for research purposes.

61-7      Sec. 54.  NRS 386.655 is hereby amended to read as follows:

61-8      386.655  1.  The Department, the school districts and the

61-9  public schools, including, without limitation, charter schools, shall,

61-10  in operating the [statewide] automated system of information

61-11  established pursuant to NRS 386.650, comply with the provisions

61-12  of:

61-13     (a) For all pupils, the Family Educational Rights and Privacy

61-14  Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant

61-15  thereto; and

61-16     (b) For pupils with disabilities who are enrolled in programs of

61-17  special education, the provisions governing access to education

61-18  records and confidentiality of information prescribed in the

61-19  Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c),

61-20  and the regulations adopted pursuant thereto.

61-21     2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) and

61-22  any other applicable federal law, a public school, including, without

61-23  limitation, a charter school, shall not release the education records

61-24  of a pupil to a person or an agency of a federal, state or local

61-25  government without the written consent of the parent or legal

61-26  guardian of the pupil.

61-27     3.  In addition to the record required pursuant to 20 U.S.C. §

61-28  1232g(b)(4)(A), each school district shall maintain within the

61-29  [statewide] automated system of information an electronic record of

61-30  all persons and agencies who have requested the education record of

61-31  a pupil or obtained access to the education record of a pupil, or both,

61-32  pursuant to 20 U.S.C. § 1232g. The electronic record must be

61-33  maintained and may only be disclosed in accordance with the

61-34  provisions of 20 U.S.C. § 1232g. A charter school shall provide to

61-35  the school district in which the charter school is located such

61-36  information as is necessary for the school district to carry out the

61-37  provisions of this subsection, regardless of the sponsor of the charter

61-38  school.

61-39     4.  The right accorded to a parent or legal guardian of a pupil

61-40  pursuant to subsection 2 devolves upon the pupil on the date on

61-41  which he attains the age of 18 years.

61-42     5.  As used in this section, unless the context otherwise

61-43  requires, “education records” has the meaning ascribed to it in 20

61-44  U.S.C. § 1232g(a)(4).

 

62-1      Sec. 55.  NRS 388.405 is hereby amended to read as follows:

62-2      388.405  [1.]  The State Board [of Education shall establish]

62-3  shall:

62-4      1.  Establish a program to teach the English language to pupils

62-5  [whose:

62-6      (a) Primary language is not English;

62-7      (b) Proficiency in the English language is below the average

62-8  proficiency of pupils at the same age or grade level whose primary

62-9  language is English; and

62-10     (c) Probability of success in a classroom in which courses of

62-11  study are taught only in the English language is impaired because of

62-12  their limited proficiency in the English language.

62-13     2.  The State Board of Education shall adopt] who are limited

62-14  English proficient.

62-15     2.  Adopt regulations to carry out the program. The regulations

62-16  must prescribe the procedure by which a school district may obtain a

62-17  waiver from the requirements of the program.

62-18     3.  Submit all evaluations required pursuant to 20 U.S.C. §§

62-19  6801 et seq. and the regulations adopted pursuant thereto

62-20  regarding the programs for pupils who are limited English

62-21  proficient carried out pursuant to that provision of federal law to

62-22  the:

62-23     (a) Governor;

62-24     (b) Committee;

62-25     (c) Bureau; and

62-26     (d) Board of trustees of each school district.

62-27     Sec. 56.  NRS 388.795 is hereby amended to read as follows:

62-28      388.795  1.  The Commission shall establish a plan for the use

62-29  of educational technology in the public schools of this state. In

62-30  preparing the plan, the Commission shall consider:

62-31     (a) Plans that have been adopted by the Department and the

62-32  school districts in this state;

62-33     (b) Plans that have been adopted in other states;

62-34     (c) The information submitted to the Commission by the board

62-35  of trustees of each school district pursuant to subsection [2 of NRS

62-36  385.351;] 7 of NRS 385.347; and

62-37     (d) Any other information that the Commission or the

62-38  Committee deems relevant to the preparation of the plan.

62-39     2.  The plan established by the Commission must include

62-40  recommendations for methods to:

62-41     (a) Incorporate educational technology into the public schools of

62-42  this state;

62-43     (b) Increase the number of pupils in the public schools of this

62-44  state who have access to educational technology;

63-1      (c) Increase the availability of educational technology to assist

63-2  licensed teachers and other educational personnel in complying with

63-3  the requirements of continuing education, including, but not limited

63-4  to, the receipt of credit for college courses completed through the

63-5  use of educational technology;

63-6      (d) Facilitate the exchange of ideas to improve the achievement

63-7  of pupils who are enrolled in the public schools of this state; and

63-8      (e) Address the needs of teachers in incorporating the use of

63-9  educational technology in the classroom, including, but not limited

63-10  to, the completion of training that is sufficient to enable the teachers

63-11  to instruct pupils in the use of educational technology.

63-12     3.  The Department shall provide:

63-13     (a) Administrative support;

63-14     (b) Equipment; and

63-15     (c) Office space,

63-16  as is necessary for the Commission to carry out the provisions of

63-17  this section.

63-18     4.  The following entities shall cooperate with the Commission

63-19  in carrying out the provisions of this section:

63-20     (a) The State Board.

63-21     (b) The board of trustees of each school district.

63-22     (c) The superintendent of schools of each school district.

63-23     (d) The Department.

63-24     5.  The Commission shall:

63-25     (a) Develop technical standards for educational technology and

63-26  any electrical or structural appurtenances necessary thereto,

63-27  including, without limitation, uniform specifications for computer

63-28  hardware and wiring, to ensure that such technology is compatible,

63-29  uniform and can be interconnected throughout the public schools of

63-30  this state.

63-31     (b) Allocate money to the school districts from the Trust Fund

63-32  for Educational Technology created pursuant to NRS 388.800 and

63-33  any money appropriated by the Legislature for educational

63-34  technology, subject to any priorities for such allocation established

63-35  by the Legislature.

63-36     (c) Establish criteria for the board of trustees of a school district

63-37  that receives an allocation of money from the Commission to:

63-38         (1) Repair, replace and maintain computer systems.

63-39         (2) Upgrade and improve computer hardware and software

63-40  and other educational technology.

63-41         (3) Provide training, installation and technical support related

63-42  to the use of educational technology within the district.

63-43     (d) Submit to the Governor, the Committee and the Department

63-44  its plan for the use of educational technology in the public schools

63-45  of this state and any recommendations for legislation.

64-1      (e) Review the plan annually and make revisions as it deems

64-2  necessary or as directed by the Committee or the Department.

64-3      (f) In addition to the recommendations set forth in the plan

64-4  pursuant to subsection 2, make further recommendations to the

64-5  Committee and the Department as the Commission deems

64-6  necessary.

64-7      6.  The Commission may appoint an advisory committee

64-8  composed of members of the Commission or other qualified persons

64-9  to provide recommendations to the Commission regarding standards

64-10  for the establishment, coordination and use of a telecommunications

64-11  network in the public schools throughout the various school districts

64-12  in this state. The advisory committee serves at the pleasure of the

64-13  Commission and without compensation unless an appropriation or

64-14  other money for that purpose is provided by the Legislature.

64-15     7.  As used in this section, “public school” includes the Caliente

64-16  Youth Center and the Nevada Youth Training Center.

64-17     Sec. 57.  NRS 388.846 is hereby amended to read as follows:

64-18      388.846  1.  If the board of trustees of a school district

64-19  provides a program of distance education, the board of trustees shall

64-20  ensure that the persons who operate the program on a day-to-day

64-21  basis comply with and carry out all applicable requirements,

64-22  statutes, regulations, rules and policies of the school district,

64-23  including, without limitation:

64-24     (a) Graduation requirements;

64-25     (b) Accountability of public schools, as set forth in NRS

64-26  385.3455 to 385.391, inclusive[;] ,

64-27  and sections 2 to 40, inclusive, of this act;

64-28     (c) Provisions governing the attendance and truancy of pupils, as

64-29  set forth in NRS 392.040 to 392.220, inclusive; and

64-30     (d) Discipline of pupils.

64-31     2.  If the governing body of a charter school provides a program

64-32  of distance education, the governing body shall:

64-33     (a) For each pupil who is enrolled in the program, provide

64-34  written notice to the board of trustees of the school district in which

64-35  the pupil resides of the type of educational services that will be

64-36  provided to the pupil through the program. The written notice must

64-37  be provided to the board of trustees before the pupil receives

64-38  educational services through the program of distance education.

64-39     (b) Ensure that the persons who operate the program on a day-

64-40  to-day basis comply with and carry out all applicable requirements,

64-41  statutes, regulations, rules and policies of the charter school,

64-42  including, without limitation:

64-43         (1) Graduation requirements;

65-1          (2) Accountability of public schools, as set forth in NRS

65-2  385.3455 to 385.391, inclusive[;] , and sections 2 to 40, inclusive,

65-3  of this act;

65-4          (3) Provisions governing the attendance and truancy of

65-5  pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

65-6          (4) Discipline of pupils.

65-7      Sec. 58.  NRS 388.862 is hereby amended to read as follows:

65-8      388.862  1.  If a pupil is enrolled full time in a program of

65-9  distance education provided by the board of trustees of a school

65-10  district, the board of trustees that provides the program shall declare

65-11  for each such pupil one public school within that school district [to]

65-12  with which the pupil is affiliated. The board of trustees may declare

65-13  that all the pupils enrolled in the program of distance education are

65-14  affiliated with one public school within the school district, or it may

65-15  declare individual public schools for the pupils enrolled in the

65-16  program. Upon the declared affiliation, the pupil shall be deemed

65-17  enrolled in that public school for purposes of all the applicable

65-18  requirements, statutes, regulations, rules and policies of that public

65-19  school and school district, including, without limitation:

65-20     (a) Graduation requirements;

65-21     (b) Accountability of public schools, as set forth in NRS

65-22  385.3455 to 385.391, inclusive[;] ,

65-23  and sections 2 to 40, inclusive, of this act;

65-24     (c) Provisions governing the attendance and truancy of pupils, as

65-25  set forth in NRS 392.040 to 392.220, inclusive; and

65-26     (d) Discipline of pupils.

65-27     2.  A pupil who is enrolled full time in a program of distance

65-28  education provided by a charter school shall be deemed enrolled in

65-29  the charter school. All the applicable requirements, including,

65-30  without limitation, statutes, regulations, rules and policies of that

65-31  charter school apply to such a pupil, including, without limitation:

65-32     (a) Graduation requirements;

65-33     (b) Accountability of public schools, as set forth in NRS

65-34  385.3455 to 385.391, inclusive[;] , and sections 2 to 40, inclusive,

65-35  of this act;

65-36     (c) Provisions governing the attendance and truancy of pupils, as

65-37  set forth in NRS 392.040 to 392.220, inclusive; and

65-38     (d) Discipline of pupils.

65-39     3.  If a pupil is enrolled part time in a program of distance

65-40  education, all the applicable requirements, statutes, regulations,

65-41  rules and policies of the public school of the school district in which

65-42  the pupil is otherwise enrolled or the charter school in which the

65-43  pupil is otherwise enrolled apply to such a pupil, including, without

65-44  limitation:

65-45     (a) Graduation requirements;

66-1      (b) Accountability of public schools, as set forth in NRS

66-2  385.3455 to 385.391, inclusive[;] ,

66-3  and sections 2 to 40, inclusive, of this act;

66-4      (c) Provisions governing the attendance and truancy of pupils, as

66-5  set forth in NRS 392.040 to 392.220, inclusive; and

66-6      (d) Discipline of pupils.

66-7      Sec. 59.  Chapter 389 of NRS is hereby amended by adding

66-8  thereto the provisions set forth as sections 60 and 61 of this act.

66-9      Sec. 60.  1.  The board of trustees of each school district and

66-10  the governing body of each charter school shall ensure that each

66-11  pupil who is limited English proficient and is enrolled in the

66-12  school district or charter school, as applicable, participates in the

66-13  achievement and proficiency examinations administered pursuant

66-14  to this chapter. The State Board shall prescribe reasonable

66-15  modifications and accommodations that must be used in the

66-16  administration of an examination to a pupil who is limited English

66-17  proficient and who is unable to take an examination under regular

66-18  testing conditions. The results of each pupil who is limited English

66-19  proficient and who takes an examination with modifications and

66-20  accommodations must be reported and included within the

66-21  determination of whether the school and the school district have

66-22  made adequate yearly progress.

66-23     2.  The board of trustees of a school district and the governing

66-24  body of a charter school shall administer to a pupil who is limited

66-25  English proficient:

66-26     (a) To the extent practicable, examinations in mathematics

66-27  and science required by subsection 1 in the language most likely to

66-28  yield accurate and reliable information on what the pupil knows.

66-29     (b) To the extent practicable, examinations in reading required

66-30  by subsection 1 in the language most likely to yield accurate and

66-31  reliable information on what the pupil knows if the pupil has

66-32  attended public schools in the United States for less than 3

66-33  consecutive years.

66-34     (c) If the pupil has attended public schools in the United States

66-35  for 3 consecutive years but less than 5 consecutive years:

66-36         (1) Examinations in reading required by subsection 1 in the

66-37  English language; or

66-38         (2) Examinations in reading required by subsection 1 in the

66-39  language most likely to yield accurate and reliable information on

66-40  what the pupil knows if the board of trustees or the governing

66-41  body, as applicable, determines that the pupil has not reached a

66-42  level of English proficiency sufficient to yield valid and reliable

66-43  information on what the pupil knows. The board of trustees or the

66-44  governing body of a charter school, as applicable, may grant

66-45  exceptions for a particular pupil pursuant to this subparagraph,

67-1  on a case-by-case basis, for a period not longer than 2 consecutive

67-2  years.

67-3      (d) If the pupil has attended public schools in the United States

67-4  for 5 consecutive years or more, examinations in reading required

67-5  by subsection 1 in the English language.

67-6      3.  The State Board shall prescribe an assessment of

67-7  proficiency in the English language for pupils who are limited

67-8  English proficient to measure oral language skills, comprehension

67-9  skills, reading skills and writing skills. The board of trustees of

67-10  each school district and the governing body of each charter school

67-11  shall administer the assessment annually at the time prescribed by

67-12  the State Board. A pupil who takes the assessment prescribed

67-13  pursuant to this subsection is not exempt from the achievement

67-14  and proficiency examinations administered pursuant to this

67-15  chapter.

67-16     Sec. 61.  1.  If a pupil with a disability is unable to take an

67-17  examination administered pursuant to NRS 389.015 or 389.550

67-18  under regular testing conditions, the pupil may take the

67-19  examination with modifications and accommodations that the

67-20  pupil’s individualized education program team determines, in

67-21  consultation with the Department and in accordance with the

67-22  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et

67-23  seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301

67-24  et seq., are necessary to measure the progress of the pupil. If

67-25  modifications or accommodations are made in the administration

67-26  of an examination for a pupil with a disability, the modifications

67-27  or accommodations must be set forth in the pupil’s individualized

67-28  education program. The results of each pupil with a disability who

67-29  takes an examination with modifications or accommodations must

67-30  be reported and must be included in the determination of whether

67-31  the school and the school district have made adequate yearly

67-32  progress.

67-33     2.  The State Board shall prescribe an alternate examination

67-34  for administration to a pupil with a disability if the pupil’s

67-35  individualized education program team determines, in

67-36  consultation with the Department, that the pupil cannot

67-37  participate in all or a portion of an examination administered

67-38  pursuant to NRS 389.015 or 389.550 even with modifications and

67-39  accommodations.

67-40     3.  The State Board shall prescribe, in accordance with the

67-41  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et

67-42  seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301

67-43  et seq., the modifications and accommodations that must be used

67-44  in the administration of an examination to a pupil with a disability

68-1  who is unable to take the examination under regular testing

68-2  conditions.

68-3      4.  As used in this section:

68-4      (a) “Individualized education program” has the meaning

68-5  ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

68-6      (b) “Individualized education program team” has the meaning

68-7  ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

68-8      Sec. 62.  NRS 389.012 is hereby amended to read as follows:

68-9      389.012  The State Board shall:

68-10     1.  In accordance with guidelines established by the National

68-11  Assessment Governing Board and National Center for Education

68-12  Statistics[,] and in accordance with 20 U.S.C. §§ 6301 et seq. and

68-13  the regulations adopted pursuant thereto, adopt regulations

68-14  requiring the schools of this state that are selected by the National

68-15  Assessment Governing Board or the National Center for Education

68-16  Statistics to participate in the examinations of the National

68-17  Assessment of Educational Progress.

68-18     2.  Report the results of those examinations to the:

68-19     (a) Governor;

68-20     (b) Board of trustees of each school district of this state;

68-21     (c) Legislative Committee on Education created pursuant to

68-22  NRS 218.5352; and

68-23     (d) Legislative Bureau of Educational Accountability and

68-24  Program Evaluation created pursuant to NRS 218.5356.

68-25     3.  The report required pursuant to subsection 2 must include

68-26  an analysis and comparison of the results of pupils in this state on

68-27  the examinations required by this section with:

68-28     (a) The results of pupils throughout this country who

68-29  participated in the examinations of the National Assessment of

68-30  Educational Progress; and

68-31     (b) The results of pupils on the achievement and proficiency

68-32  examinations administered pursuant to this chapter.

68-33     Sec. 63.  NRS 389.015 is hereby amended to read as follows:

68-34      389.015  1.  The board of trustees of each school district shall

68-35  administer examinations in all public schools of the school district.

68-36  The governing body of a charter school shall administer the same

68-37  examinations in the charter school. The examinations administered

68-38  by the board of trustees and governing body must determine the

68-39  achievement and proficiency of pupils in:

68-40     (a) Reading;

68-41     (b) [Writing;

68-42     (c)] Mathematics; and

68-43     [(d) Science.]

68-44     (c) Except as otherwise provided in subsection 6, science.

68-45     2.  The examinations required by subsection 1 must be:

69-1      (a) Administered before the completion of grades 4, [8,] 7, 10

69-2  and 11.

69-3      (b) Administered in each school district and each charter school

69-4  at the same time. The time for the administration of the

69-5  examinations must be prescribed by the State Board.

69-6      (c) Administered in each school in accordance with uniform

69-7  procedures adopted by the State Board. The Department shall

69-8  monitor the compliance of school districts and individual schools

69-9  with the uniform procedures.

69-10     (d) Administered in each school in accordance with the plan

69-11  adopted pursuant to NRS 389.616 by the Department and with the

69-12  plan adopted pursuant to NRS 389.620 by the board of trustees of

69-13  the school district in which the examinations are administered. The

69-14  Department shall monitor the compliance of school districts and

69-15  individual schools with:

69-16         (1) The plan adopted by the Department; and

69-17         (2) The plan adopted by the board of trustees of the

69-18  applicable school district, to the extent that the plan adopted by the

69-19  board of trustees of the school district is consistent with the plan

69-20  adopted by the Department.

69-21     (e) Scored by [the Department or] a single private entity that has

69-22  contracted with the State Board to score the examinations. [If a]The

69-23  private entity that scores the examinations [, it] shall report the

69-24  results of the examinations in the form and by the date required by

69-25  the Department.

69-26     3.  Not more than 14 working days after the results of the

69-27  examinations are reported to the Department by a private entity that

69-28  scored the examinations ,[or the Department completes the scoring

69-29  of the examinations,] the Superintendent of Public Instruction shall

69-30  certify that the results of the examinations have been transmitted to

69-31  each school district and each charter school. Not more than 10

69-32  working days after a school district receives the results of the

69-33  examinations, the superintendent of schools of each school district

69-34  shall certify that the results of the examinations have been

69-35  transmitted to each school within the school district. Except as

69-36  otherwise provided in this subsection, not more than 15 working

69-37  days after each school receives the results of the examinations, the

69-38  principal of each school and the governing body of each charter

69-39  school shall certify that the results for each pupil have been

69-40  provided to the parent or legal guardian of the pupil:

69-41     (a) During a conference between the teacher of the pupil or

69-42  administrator of the school and the parent or legal guardian of the

69-43  pupil; or

69-44     (b) By mailing the results of the examinations to the last known

69-45  address of the parent or legal guardian of the pupil.

70-1  If a pupil fails the high school proficiency examination, the school

70-2  shall notify the pupil and the parents or legal guardian of the pupil

70-3  as soon as practicable but not later than 15 working days after the

70-4  school receives the results of the examination.

70-5      4.  [Different standards of proficiency may be adopted for

70-6  pupils with diagnosed learning disabilities. If a pupil with a

70-7  disability is unable to take an examination created by a private entity

70-8  under regular testing conditions or with modifications and

70-9  accommodations that are approved by the private entity, the pupil

70-10  may take the examination with modifications and accommodations

70-11  that are approved by the State Board pursuant to subsection 8. If a

70-12  pupil with a disability is unable to take an examination created by

70-13  the Department under regular testing conditions or with

70-14  modifications and accommodations that are approved by the

70-15  Department, the pupil may take the examination with modifications

70-16  and accommodations that are approved by the State Board pursuant

70-17  to subsection 8. The results of an examination that is taken under

70-18  conditions that are not approved by a private entity or the

70-19  Department, as applicable, must not be reported pursuant to

70-20  subsection 2 of NRS 389.017. If different standards of proficiency

70-21  are adopted or other modifications or accommodations are made in

70-22  the administration of the examinations for a pupil who is enrolled in

70-23  a program of special education pursuant to NRS 388.440 to

70-24  388.520, inclusive, other than a gifted and talented pupil, the

70-25  different standards adopted or other modifications or

70-26  accommodations must be set forth in the pupil’s program of special

70-27  education developed in accordance with the Individuals with

70-28  Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

70-29  standards prescribed by the State Board. During the administration

70-30  of the high school proficiency examination, a pupil with a disability

70-31  may be given additional time to complete the examination if the

70-32  additional time is a modification or accommodation that is approved

70-33  in the pupil’s program of special education developed in accordance

70-34  with the Individuals with Disabilities Education Act, 20 U.S.C. §§

70-35  1400 et seq.

70-36     5.]  If a pupil fails to demonstrate at least adequate achievement

70-37  on the examination administered before the completion of grade 4,

70-38  [8] 7 or 10, he may be promoted to the next higher grade, but the

70-39  results of his examination must be evaluated to determine what

70-40  remedial study is appropriate. If such a pupil is enrolled at a school

70-41  that has [been designated as demonstrating need for improvement

70-42  pursuant to subsection 1 of NRS 385.367,]failed to make adequate

70-43  yearly progress or in which less than 60 percent of the pupils

70-44  enrolled in grade 4, 7 or 10 in the school who took the

70-45  examinations administered pursuant to this section received an

71-1  average score on those examinations that is at least equal to the

71-2  26th percentile of the national reference group of pupils to which

71-3  the examinations were compared, the pupil must, in accordance

71-4  with the requirements set forth in this subsection, complete remedial

71-5  study that is determined to be appropriate for the pupil.

71-6      [6.] 5.  If a pupil fails to pass the proficiency examination

71-7  administered before the completion of grade 11, he must not be

71-8  graduated until he is able, through remedial study, to pass the

71-9  proficiency examination, but he may be given a certificate of

71-10  attendance, in place of a diploma, if he has reached the age of 17

71-11  years.

71-12     [7.] 6.  The State Board shall prescribe standard examinations

71-13  of achievement and proficiency to be administered pursuant to

71-14  subsection 1. The high school proficiency examination must include

71-15  the subjects of reading and mathematics and, except for the

71-16  writing portion prescribed pursuant to NRS 389.550, must be

71-17  developed, printed and scored by a nationally recognized testing

71-18  company in accordance with the process established by the testing

71-19  company. The examinations on reading, mathematics and science

71-20  prescribed for grades 4, [8] 7 and 10 must be selected from

71-21  examinations created by private entities and administered to a

71-22  national reference group, and must allow for a comparison of the

71-23  achievement and proficiency of pupils in grades 4, [8] 7 and 10 in

71-24  this state to that of a national reference group of pupils in grades 4,

71-25  [8] 7 and 10. The questions contained in the examinations and the

71-26  approved answers used for grading them are confidential, and

71-27  disclosure is unlawful except:

71-28     (a) To the extent necessary for administering and evaluating the

71-29  examinations.

71-30     (b) That a disclosure may be made to a:

71-31         (1) State officer who is a member of the Executive or

71-32  Legislative Branch to the extent that it is necessary for the

71-33  performance of his duties;

71-34         (2) Superintendent of schools of a school district to the

71-35  extent that it is necessary for the performance of his duties;

71-36         (3) Director of curriculum of a school district to the extent

71-37  that it is necessary for the performance of his duties; and

71-38         (4) Director of testing of a school district to the extent that it

71-39  is necessary for the performance of his duties.

71-40     (c) That specific questions and answers may be disclosed if the

71-41  Superintendent of Public Instruction determines that the content of

71-42  the questions and answers is not being used in a current examination

71-43  and making the content available to the public poses no threat to the

71-44  security of the current examination process.

72-1      [8.  The State Board shall prescribe, in accordance with the

72-2  Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et

72-3  seq., the modifications and accommodations that may be used in the

72-4  administration of an examination to a pupil with a disability who is

72-5  unable to take the examination under regular testing conditions or

72-6  with modifications and accommodations that are approved by the

72-7  private entity that created the examination or, if the Department

72-8  created the examination, by the Department. These regulations may

72-9  include, without limitation, authorizing a pupil to complete an

72-10  examination with additional time.]

72-11     Sec. 64.  NRS 389.015 is hereby amended to read as follows:

72-12      389.015  1.  The board of trustees of each school district shall

72-13  administer examinations in all public schools of the school district.

72-14  The governing body of a charter school shall administer the same

72-15  examinations in the charter school. The examinations administered

72-16  by the board of trustees and governing body must determine the

72-17  achievement and proficiency of pupils in:

72-18     (a) Reading;

72-19     (b) Mathematics; and

72-20     (c) Except as otherwise provided in subsection 6, science.

72-21     2.  The examinations required by subsection 1 must be:

72-22     (a) Administered before the completion of grades 4, 7, 10

72-23  and 11.

72-24     (b) Administered in each school district and each charter school

72-25  at the same time [.] during the spring semester. The time for the

72-26  administration of the examinations must be prescribed by the State

72-27  Board.

72-28     (c) Administered in each school in accordance with uniform

72-29  procedures adopted by the State Board. The Department shall

72-30  monitor the compliance of school districts and individual schools

72-31  with the uniform procedures.

72-32     (d) Administered in each school in accordance with the plan

72-33  adopted pursuant to NRS 389.616 by the Department and with the

72-34  plan adopted pursuant to NRS 389.620 by the board of trustees of

72-35  the school district in which the examinations are administered. The

72-36  Department shall monitor the compliance of school districts and

72-37  individual schools with:

72-38         (1) The plan adopted by the Department; and

72-39         (2) The plan adopted by the board of trustees of the

72-40  applicable school district, to the extent that the plan adopted by the

72-41  board of trustees of the school district is consistent with the plan

72-42  adopted by the Department.

72-43     (e) Scored by a single private entity that has contracted with the

72-44  State Board to score the examinations. The private entity that scores

73-1  the examinations shall report the results of the examinations in the

73-2  form and by the date required by the Department.

73-3      3.  Not more than 14 working days after the results of the

73-4  examinations are reported to the Department by a private entity that

73-5  scored the examinations, the Superintendent of Public Instruction

73-6  shall certify that the results of the examinations have been

73-7  transmitted to each school district and each charter school. Not more

73-8  than 10 working days after a school district receives the results of

73-9  the examinations, the superintendent of schools of each school

73-10  district shall certify that the results of the examinations have been

73-11  transmitted to each school within the school district. Except as

73-12  otherwise provided in this subsection, not more than 15 working

73-13  days after each school receives the results of the examinations, the

73-14  principal of each school and the governing body of each charter

73-15  school shall certify that the results for each pupil have been

73-16  provided to the parent or legal guardian of the pupil:

73-17     (a) During a conference between the teacher of the pupil or

73-18  administrator of the school and the parent or legal guardian of the

73-19  pupil; or

73-20     (b) By mailing the results of the examinations to the last known

73-21  address of the parent or legal guardian of the pupil.

73-22  If a pupil fails the high school proficiency examination, the school

73-23  shall notify the pupil and the parents or legal guardian of the pupil

73-24  as soon as practicable but not later than 15 working days after the

73-25  school receives the results of the examination.

73-26     4.  If a pupil fails to demonstrate at least adequate achievement

73-27  on the examination administered before the completion of grade 4, 7

73-28  or 10, he may be promoted to the next higher grade, but the results

73-29  of his examination must be evaluated to determine what remedial

73-30  study is appropriate. If such a pupil is enrolled at a school that has

73-31  failed to make adequate yearly progress or in which less than 60

73-32  percent of the pupils enrolled in grade 4, 7 or 10 in the school who

73-33  took the examinations administered pursuant to this section received

73-34  an average score on those examinations that is at least equal to the

73-35  26th percentile of the national reference group of pupils to which

73-36  the examinations were compared, the pupil must, in accordance with

73-37  the requirements set forth in this subsection, complete remedial

73-38  study that is determined to be appropriate for the pupil.

73-39     5.  If a pupil fails to pass the proficiency examination

73-40  administered before the completion of grade 11, he must not be

73-41  graduated until he is able, through remedial study, to pass the

73-42  proficiency examination, but he may be given a certificate of

73-43  attendance, in place of a diploma, if he has reached the age of 17

73-44  years.

74-1      6.  The State Board shall prescribe standard examinations of

74-2  achievement and proficiency to be administered pursuant to

74-3  subsection 1. The high school proficiency examination must include

74-4  the subjects of reading and mathematics and, except for the writing

74-5  portion prescribed pursuant to NRS 389.550, must be developed,

74-6  printed and scored by a nationally recognized testing company in

74-7  accordance with the process established by the testing company.

74-8  The examinations on reading, mathematics and science prescribed

74-9  for grades 4, 7 and 10 must be selected from examinations created

74-10  by private entities and administered to a national reference group,

74-11  and must allow for a comparison of the achievement and proficiency

74-12  of pupils in grades 4, 7 and 10 in this state to that of a national

74-13  reference group of pupils in grades 4, 7 and 10. The questions

74-14  contained in the examinations and the approved answers used for

74-15  grading them are confidential, and disclosure is unlawful except:

74-16     (a) To the extent necessary for administering and evaluating the

74-17  examinations.

74-18     (b) That a disclosure may be made to a:

74-19         (1) State officer who is a member of the executive or

74-20  legislative branch to the extent that it is necessary for the

74-21  performance of his duties;

74-22         (2) Superintendent of schools of a school district to the

74-23  extent that it is necessary for the performance of his duties;

74-24         (3) Director of curriculum of a school district to the extent

74-25  that it is necessary for the performance of his duties; and

74-26         (4) Director of testing of a school district to the extent that it

74-27  is necessary for the performance of his duties.

74-28     (c) That specific questions and answers may be disclosed if the

74-29  superintendent of public instruction determines that the content of

74-30  the questions and answers is not being used in a current examination

74-31  and making the content available to the public poses no threat to the

74-32  security of the current examination process.

74-33     Sec. 65.  NRS 389.015 is hereby amended to read as follows:

74-34      389.015  1.  The board of trustees of each school district shall

74-35  administer examinations in all public schools of the school district.

74-36  The governing body of a charter school shall administer the same

74-37  examinations in the charter school. The examinations administered

74-38  by the board of trustees and governing body must determine the

74-39  achievement and proficiency of pupils in:

74-40     (a) Reading;

74-41     (b) Mathematics; and

74-42     (c) [Except as otherwise provided in subsection 6, science.]

74-43  Science.

74-44     2.  The examinations required by subsection 1 must be:

75-1      (a) Administered before the completion of grades 4, 7, 10

75-2  and 11.

75-3      (b) Administered in each school district and each charter school

75-4  at the same time during the spring semester. The time for the

75-5  administration of the examinations must be prescribed by the State

75-6  Board.

75-7      (c) Administered in each school in accordance with uniform

75-8  procedures adopted by the State Board. The Department shall

75-9  monitor the compliance of school districts and individual schools

75-10  with the uniform procedures.

75-11     (d) Administered in each school in accordance with the plan

75-12  adopted pursuant to NRS 389.616 by the Department and with the

75-13  plan adopted pursuant to NRS 389.620 by the board of trustees of

75-14  the school district in which the examinations are administered. The

75-15  Department shall monitor the compliance of school districts and

75-16  individual schools with:

75-17         (1) The plan adopted by the Department; and

75-18         (2) The plan adopted by the board of trustees of the

75-19  applicable school district, to the extent that the plan adopted by the

75-20  board of trustees of the school district is consistent with the plan

75-21  adopted by the Department.

75-22     (e) Scored by a single private entity that has contracted with the

75-23  State Board to score the examinations. The private entity that scores

75-24  the examinations shall report the results of the examinations in the

75-25  form and by the date required by the Department.

75-26     3.  Not more than 14 working days after the results of the

75-27  examinations are reported to the Department by a private entity that

75-28  scored the examinations, the Superintendent of Public Instruction

75-29  shall certify that the results of the examinations have been

75-30  transmitted to each school district and each charter school. Not more

75-31  than 10 working days after a school district receives the results of

75-32  the examinations, the superintendent of schools of each school

75-33  district shall certify that the results of the examinations have been

75-34  transmitted to each school within the school district. Except as

75-35  otherwise provided in this subsection, not more than 15 working

75-36  days after each school receives the results of the examinations, the

75-37  principal of each school and the governing body of each charter

75-38  school shall certify that the results for each pupil have been

75-39  provided to the parent or legal guardian of the pupil:

75-40     (a) During a conference between the teacher of the pupil or

75-41  administrator of the school and the parent or legal guardian of the

75-42  pupil; or

75-43     (b) By mailing the results of the examinations to the last known

75-44  address of the parent or legal guardian of the pupil.

76-1  If a pupil fails the high school proficiency examination, the school

76-2  shall notify the pupil and the parents or legal guardian of the pupil

76-3  as soon as practicable but not later than 15 working days after the

76-4  school receives the results of the examination.

76-5      4.  If a pupil fails to demonstrate at least adequate achievement

76-6  on the examination administered before the completion of grade 4, 7

76-7  or 10, he may be promoted to the next higher grade, but the results

76-8  of his examination must be evaluated to determine what remedial

76-9  study is appropriate. If such a pupil is enrolled at a school that has

76-10  failed to make adequate yearly progress or in which less than 60

76-11  percent of the pupils enrolled in grade 4, 7 or 10 in the school who

76-12  took the examinations administered pursuant to this section received

76-13  an average score on those examinations that is at least equal to the

76-14  26th percentile of the national reference group of pupils to which

76-15  the examinations were compared, the pupil must, in accordance with

76-16  the requirements set forth in this subsection, complete remedial

76-17  study that is determined to be appropriate for the pupil.

76-18     5.  If a pupil fails to pass the proficiency examination

76-19  administered before the completion of grade 11, he must not be

76-20  graduated until he is able, through remedial study, to pass the

76-21  proficiency examination, but he may be given a certificate of

76-22  attendance, in place of a diploma, if he has reached the age of 17

76-23  years.

76-24     6.  The State Board shall prescribe standard examinations of

76-25  achievement and proficiency to be administered pursuant to

76-26  subsection 1. The high school proficiency examination must include

76-27  the subjects of reading , [and] mathematics and science and, except

76-28  for the writing portion prescribed pursuant to NRS 389.550, must be

76-29  developed, printed and scored by a nationally recognized testing

76-30  company in accordance with the process established by the testing

76-31  company. The examinations on reading, mathematics and science

76-32  prescribed for grades 4, 7 and 10 must be selected from

76-33  examinations created by private entities and administered to a

76-34  national reference group, and must allow for a comparison of the

76-35  achievement and proficiency of pupils in grades 4, 7 and 10 in this

76-36  state to that of a national reference group of pupils in grades 4, 7 and

76-37  10. The questions contained in the examinations and the approved

76-38  answers used for grading them are confidential, and disclosure is

76-39  unlawful except:

76-40     (a) To the extent necessary for administering and evaluating the

76-41  examinations.

76-42     (b) That a disclosure may be made to a:

76-43         (1) State officer who is a member of the executive or

76-44  legislative branch to the extent that it is necessary for the

76-45  performance of his duties;

77-1          (2) Superintendent of schools of a school district to the

77-2  extent that it is necessary for the performance of his duties;

77-3          (3) Director of curriculum of a school district to the extent

77-4  that it is necessary for the performance of his duties; and

77-5          (4) Director of testing of a school district to the extent that it

77-6  is necessary for the performance of his duties.

77-7      (c) That specific questions and answers may be disclosed if the

77-8  superintendent of public instruction determines that the content of

77-9  the questions and answers is not being used in a current examination

77-10  and making the content available to the public poses no threat to the

77-11  security of the current examination process.

77-12     Sec. 66.  NRS 389.017 is hereby amended to read as follows:

77-13      389.017  1.  The State Board shall adopt regulations requiring

77-14  that each board of trustees of a school district and each governing

77-15  body of a charter school submit to the Superintendent of Public

77-16  Instruction and the Department, in the form and manner prescribed

77-17  by the Superintendent, the results of achievement and proficiency

77-18  examinations [given in the 4th, 8th, 10th and 11th grades]

77-19  administered pursuant to NRS 389.015 to public school pupils of

77-20  the district and charter schools. The State Board shall not include in

77-21  the regulations any provision which would violate the

77-22  confidentiality of the test scores of any individual pupil.

77-23     2.  The results of examinations must be reported for each

77-24  school, including, without limitation, each charter school, school

77-25  district and this state, as follows:

77-26     (a) The average score, as defined by the Department, of pupils

77-27  who took the examinations under regular testing conditions; and

77-28     (b) The average score, as defined by the Department, of pupils

77-29  who took the examinations with modifications or accommodations ,

77-30  [approved by the private entity that created the examination or, if

77-31  the Department created the examination, the Department,] if such

77-32  reporting does not violate the confidentiality of the test scores of any

77-33  individual pupil.

77-34     3.  [The Department shall adopt regulations prescribing the

77-35  requirements for reporting the scores of pupils who:

77-36     (a) Took the examinations under conditions that were not

77-37  approved by the private entity that created the examination or, if the

77-38  Department created the examination, by the Department;

77-39     (b) Are enrolled in special schools for children with disabilities;

77-40     (c) Are enrolled in an alternative program for the education of

77-41  pupils at risk of dropping out of high school, including, without

77-42  limitation, a program of distance education that is provided to pupils

77-43  who are at risk of dropping out of high school pursuant to NRS

77-44  388.820 to 388.874, inclusive; or

77-45     (d) Are detained in a:

78-1          (1) Youth training center;

78-2          (2) Youth center;

78-3          (3) Juvenile forestry camp;

78-4          (4) Detention home;

78-5          (5) Youth camp;

78-6          (6) Juvenile correctional institution; or

78-7          (7) Correctional institution.

78-8  The scores reported pursuant to this subsection must not be included

78-9  in the average scores reported pursuant to subsection 2.

78-10     4.]  Not later than 10 days after the Department receives the

78-11  results of the achievement and proficiency examinations, the

78-12  Department shall transmit a copy of the results of the examinations

78-13  administered pursuant to NRS 389.015 to the Legislative Bureau of

78-14  Educational Accountability and Program Evaluation in a manner

78-15  that does not violate the confidentiality of the test scores of any

78-16  individual pupil.

78-17     [5.] 4.  On or before [November 15]July 1 of each year, each

78-18  school district and each charter school shall report to the

78-19  Department the following information for each examination

78-20  administered in the public schools in the school district or charter

78-21  school:

78-22     (a) The examination administered;

78-23     (b) The grade level or levels of pupils to whom the examination

78-24  was administered;

78-25     (c) The costs incurred by the school district or charter school in

78-26  administering each examination; and

78-27     (d) The purpose, if any, for which the results of the examination

78-28  are used by the school district or charter school.

78-29  On or before [December 15]September 1 of each year, the

78-30  Department shall transmit to the Budget Division of the Department

78-31  of Administration and the Fiscal Analysis Division of the

78-32  Legislative Counsel Bureau the information submitted to the

78-33  Department pursuant to this subsection.

78-34     [6.] 5.  The superintendent of schools of each school district

78-35  and the governing body of each charter school shall certify that the

78-36  number of pupils who took the examinations required pursuant to

78-37  NRS 389.015 is equal to the number of pupils who are enrolled in

78-38  each school in the school district or in the charter school who are

78-39  required to take the examinations . [except for those pupils who are

78-40  exempt from taking the examinations. A pupil may be exempt from

78-41  taking the examinations if:

78-42     (a) His primary language is not English and his proficiency in

78-43  the English language is below the level that the State Board

78-44  determines is proficient, as measured by an assessment of

79-1  proficiency in the English language prescribed by the State Board

79-2  pursuant to subsection 8; or

79-3      (b) He is enrolled in a program of special education pursuant to

79-4  NRS 388.440 to 388.520, inclusive, and his program of special

79-5  education specifies that he is exempt from taking the examinations.

79-6      7.] 6.  In addition to the information required by subsection [5,]

79-7  4, the Superintendent of Public Instruction shall:

79-8      (a) Report the number of pupils who were [not exempt from

79-9  taking the examinations but were] absent from school on the day

79-10  that the examinations were administered; and

79-11     (b) Reconcile the number of pupils who were required to take

79-12  the examinations with the number of pupils who were [exempt from

79-13  taking the examinations or] absent from school on the day that the

79-14  examinations were administered.

79-15     [8.  The State Board shall prescribe an assessment of

79-16  proficiency in the English language for pupils whose primary

79-17  language is not English to determine which pupils are exempt from

79-18  the examinations pursuant to paragraph (a) of subsection 6.]

79-19     Sec. 67.  NRS 389.550 is hereby amended to read as follows:

79-20      389.550  1.  The State Board shall, in consultation with the

79-21  Council, prescribe examinations that comply with 20 U.S.C. §

79-22  6311(b)(3) and that measure the achievement and proficiency of

79-23  pupils [in selected grades] :

79-24     (a) For grades 3, 5 and 8 in the standards of content established

79-25  by the Council [that are in addition to the examinations administered

79-26  pursuant to NRS 389.015. The State Board shall, based upon the

79-27  recommendations of the Council, select the grade levels of pupils

79-28  that are required to take the examinations and the standards that the

79-29  examinations must measure.] for the subjects of English and

79-30  mathematics.

79-31     (b) For grades 5 and 8, in the standards of content established

79-32  by the Council for the subject of science.

79-33     2.  In addition to the examinations prescribed pursuant to

79-34  subsection 1, the State Board shall, in consultation with the

79-35  Council, prescribe a writing examination for grades 4 and 8 and

79-36  for the high school proficiency examination.

79-37     3.  The board of trustees of each school district and the

79-38  governing body of each charter school shall administer the

79-39  examinations prescribed by the State Board. The examinations must

79-40  be:

79-41     (a) Administered to pupils in each school district and each

79-42  charter school at the same time[,] during the spring semester, as

79-43  prescribed by the State Board.

79-44     (b) Administered in each school in accordance with uniform

79-45  procedures adopted by the State Board. The Department shall

80-1  monitor the school districts and individual schools to ensure

80-2  compliance with the uniform procedures.

80-3      (c) Administered in each school in accordance with the plan

80-4  adopted pursuant to NRS 389.616 by the Department and with the

80-5  plan adopted pursuant to NRS 389.620 by the board of trustees of

80-6  the school district in which the examinations are administered. The

80-7  Department shall monitor the compliance of school districts and

80-8  individual schools with:

80-9          (1) The plan adopted by the Department; and

80-10         (2) The plan adopted by the board of trustees of the

80-11  applicable school district, to the extent that the plan adopted by the

80-12  board of trustees of the school district is consistent with the plan

80-13  adopted by the Department.

80-14     Sec. 68.  NRS 389.550 is hereby amended to read as follows:

80-15      389.550  1.  The State Board shall, in consultation with the

80-16  Council, prescribe examinations that comply with 20 U.S.C. §

80-17  6311(b)(3) and thatmeasure the achievement and proficiency of

80-18  pupils:

80-19     (a)For grades 3, 4, 5 , 6, 7and 8 in the standards of content

80-20  established by the Council for the subjects of English and

80-21  mathematics.

80-22     (b) For grades 5 and 8, in the standards of content established by

80-23  the Council for the subject of science.

80-24  The examinations prescribed pursuant to this subsection must be

80-25  written, developed, printed and scored by a nationally recognized

80-26  testing company.

80-27     2.  In addition to the examinations prescribed pursuant to

80-28  subsection 1, the State Board shall, in consultation with the Council,

80-29  prescribe a writing examination for grades 4 and 8 and for the high

80-30  school proficiency examination.

80-31     3.  The board of trustees of each school district and the

80-32  governing body of each charter school shall administer the

80-33  examinations prescribed by the State Board. The examinations must

80-34  be:

80-35     (a) Administered to pupils in each school district and each

80-36  charter school at the same time during the spring semester,as

80-37  prescribed by the State Board.

80-38     (b) Administered in each school in accordance with uniform

80-39  procedures adopted by the State Board. The Department shall

80-40  monitor the school districts and individual schools to ensure

80-41  compliance with the uniform procedures.

80-42     (c) Administered in each school in accordance with the plan

80-43  adopted pursuant to NRS 389.616 by the Department and with the

80-44  plan adopted pursuant to NRS 389.620 by the board of trustees of

80-45  the school district in which the examinations are administered. The

81-1  Department shall monitor the compliance of school districts and

81-2  individual schools with:

81-3          (1) The plan adopted by the Department; and

81-4          (2) The plan adopted by the board of trustees of the

81-5  applicable school district, to the extent that the plan adopted by the

81-6  board of trustees of the school district is consistent with the plan

81-7  adopted by the Department.

81-8      Sec. 69.  NRS 389.560 is hereby amended to read as follows:

81-9      389.560  1.  The State Board shall adopt regulations that

81-10  require the board of trustees of each school district and the

81-11  governing body of each charter school to submit to

81-12  the Superintendent of Public Instruction, the Department and the

81-13  Council, in the form and manner prescribed by the Superintendent,

81-14  the results of the examinations administered pursuant to NRS

81-15  389.550. The State Board shall not include in the regulations any

81-16  provision that would violate the confidentiality of the test scores of

81-17  an individual pupil.

81-18     2.  The results of the examinations must be reported for each

81-19  school, including, without limitation, each charter school, school

81-20  district and this state, as follows:

81-21     (a) The percentage of pupils who have demonstrated

81-22  proficiency, as defined by the Department, and took the

81-23  examinations under regular testing conditions; and

81-24     (b) The percentage of pupils who have demonstrated

81-25  proficiency, as defined by the Department, and took the

81-26  examinations with modifications or accommodations , [approved by

81-27  the private entity that created the examination or, if the Department

81-28  created the examination, the Department,] if such reporting does not

81-29  violate the confidentiality of the test scores of any individual pupil.

81-30     3.  [The Department shall adopt regulations prescribing the

81-31  requirements for reporting the results of pupils who:

81-32     (a) Took the examinations under conditions that were not

81-33  approved by the private entity that created the examination or, if the

81-34  Department created the examination, by the Department;

81-35     (b) Are enrolled in special schools for children with disabilities;

81-36     (c) Are enrolled in an alternative program for the education of

81-37  pupils at risk of dropping out of high school, including, without

81-38  limitation, a program of distance education that is provided to pupils

81-39  who are at risk of dropping out of high school pursuant to NRS

81-40  388.820 to 388.874, inclusive; or

81-41     (d) Are detained in a:

81-42         (1) Youth training center;

81-43         (2) Youth center;

81-44         (3) Juvenile forestry camp;

81-45         (4) Detention home;

82-1          (5) Youth camp;

82-2          (6) Juvenile correctional institution; or

82-3          (7) Correctional institution.

82-4  The results reported pursuant to this subsection must not be included

82-5  in the percentage of pupils reported pursuant to subsection 2.

82-6      4.]  Not later than 10 days after the Department receives the

82-7  results of the examinations, the Department shall transmit a copy of

82-8  the results to the Legislative Bureau of Educational Accountability

82-9  and Program Evaluation in a manner that does not violate the

82-10  confidentiality of the test scores of any individual pupil.

82-11     [5.] 4.  On or before [November 15]July 1 of each year, each

82-12  school district and each charter school shall report to the

82-13  Department the following information for each examination

82-14  administered in the public schools in the school district or charter

82-15  school:

82-16     (a) The examination administered;

82-17     (b) The grade level or levels of pupils to whom the examination

82-18  was administered;

82-19     (c) The costs incurred by the school district or charter school in

82-20  administering each examination; and

82-21     (d) The purpose, if any, for which the results of the examination

82-22  are used by the school district or charter school.

82-23  On or before [December 15]September 1 of each year, the

82-24  Department shall transmit to the Budget Division of the Department

82-25  of Administration and the Fiscal Analysis Division of the

82-26  Legislative Counsel Bureau the information submitted to the

82-27  Department pursuant to this subsection.

82-28     [6.] 5.  The superintendent of schools of each school district

82-29  and the governing body of each charter school shall certify that the

82-30  number of pupils who took the examinations is equal to the number

82-31  of pupils who are enrolled in each school in the school district or in

82-32  the charter school who are required to take the examinations . [,

82-33  except for those pupils who are exempt from taking the

82-34  examinations. A pupil may be exempt from taking the examinations

82-35  if:

82-36     (a) His primary language is not English and his proficiency in

82-37  the English language is below the level that the State Board

82-38  determines is proficient, as measured by an assessment of

82-39  proficiency in the English language prescribed by the State Board

82-40  pursuant to subsection 8; or

82-41     (b) He is enrolled in a program of special education pursuant to

82-42  NRS 388.440 to 388.520, inclusive, and his program of special

82-43  education specifies that he is exempt from taking the examinations.

82-44     7.] 6.  In addition to the information required by subsection [5,]

82-45  4, the Superintendent of Public Instruction shall:

83-1      (a) Report the number of pupils who were not exempt from

83-2  taking the examinations but were absent from school on the day that

83-3  the examinations were administered; and

83-4      (b) Reconcile the number of pupils who were required to take

83-5  the examinations with the number of pupils who were exempt from

83-6  taking the examinations or absent from school on the day that the

83-7  examinations were administered.

83-8      [8.  The State Board shall prescribe an assessment of

83-9  proficiency in the English language for pupils whose primary

83-10  language is not English to determine which pupils are exempt from

83-11  the examinations pursuant to paragraph (a) of subsection 6.]

83-12     Sec. 70.  NRS 389.632 is hereby amended to read as follows:

83-13      389.632  1.  Except as otherwise provided in subsection 8, if

83-14  the Department determines:

83-15     (a) That at least one irregularity in testing administration

83-16  occurred at a school, including, without limitation, a charter school,

83-17  during 1 school year on the examinations administered pursuant to

83-18  NRS 389.015, excluding the high school proficiency examination;

83-19     (b) That in the immediately succeeding school year, at least one

83-20  additional irregularity in testing administration occurred at that

83-21  school on the examinations administered pursuant to NRS 389.015,

83-22  excluding the high school proficiency examination; and

83-23     (c) Based upon the criteria set forth in subsection 5, that the

83-24  irregularities described in paragraphs (a) and (b) warrant an

83-25  additional administration of the examinations,

83-26  the Department shall notify the school and the school district in

83-27  which the school is located that the school is required to provide for

83-28  an additional administration of the examinations to pupils who are

83-29  enrolled in a grade that is required to take the examinations pursuant

83-30  to NRS 389.015, excluding the high school proficiency

83-31  examination, or to the pupils the Department determines must take

83-32  the additional administration pursuant to subsection 6. The

83-33  additional administration must occur in the same school year in

83-34  which the irregularity described in paragraph (b) occurred. [The]

83-35  Except as otherwise provided in this subsection, the school district

83-36  shall pay for all costs related to the administration of examinations

83-37  pursuant to this subsection. If a charter school is required to

83-38  administer examinations pursuant to this subsection, the charter

83-39  school shall pay for all costs related to the administration of the

83-40  examinations to pupils enrolled in the charter school.

83-41     2.  If the Department determines that:

83-42     (a) At least one irregularity in testing administration occurred at

83-43  a school, including, without limitation, a charter school, during 1

83-44  school year on the examinations administered pursuant to

83-45  NRS 389.550;

84-1      (b) In the immediately succeeding school year, at least one

84-2  additional irregularity in testing administration occurred at that

84-3  school on the examinations administered pursuant to NRS 389.550;

84-4  and

84-5      (c) Based upon the criteria set forth in subsection 5, that the

84-6  irregularities described in paragraphs (a) and (b) warrant an

84-7  additional administration of the examinations,

84-8  the Department shall notify the school and the school district in

84-9  which the school is located that the school is required to provide for

84-10  an additional administration of the examinations to pupils who are

84-11  enrolled in a grade that is required to take the examinations pursuant

84-12  to NRS 389.550 or to the pupils the Department determines must

84-13  take the additional administration pursuant to subsection 6. The

84-14  additional administration must occur in the same school year in

84-15  which the irregularity described in paragraph (b) occurred. The

84-16  school district shall pay for all costs related to the administration of

84-17  examinations pursuant to this subsection.

84-18     3.  If the Department determines that:

84-19     (a) At least one irregularity in testing administration occurred at

84-20  a school, including, without limitation, a charter school, during 1

84-21  school year on the examinations administered pursuant to NRS

84-22  389.015, excluding the high school proficiency examination;

84-23     (b) In the immediately succeeding school year, at least one

84-24  additional irregularity in testing administration occurred at that

84-25  school on the examinations administered pursuant to NRS 389.550;

84-26  and

84-27     (c) Based upon the criteria set forth in subsection 5, that the

84-28  irregularities described in paragraphs (a) and (b) warrant an

84-29  additional administration of the examinations,

84-30  the Department shall notify the school and the school district in

84-31  which the school is located that the school is required to provide for

84-32  an additional administration of the examinations to pupils who are

84-33  enrolled in a grade that is required to take the examinations pursuant

84-34  to NRS 389.550 or to the pupils the Department determines must

84-35  take the additional administration pursuant to subsection 6. The

84-36  additional administration must occur in the same school year in

84-37  which the irregularity described in paragraph (b) occurred. The

84-38  school district shall pay for all costs related to the administration of

84-39  examinations pursuant to this subsection.

84-40     4.  Except as otherwise provided in subsection 8, if the

84-41  Department determines that:

84-42     (a) At least one irregularity in testing administration occurred at

84-43  a school, including, without limitation, a charter school, during 1

84-44  school year on the examinations administered pursuant to

84-45  NRS 389.550;

85-1      (b) In the immediately succeeding school year, at least one

85-2  additional irregularity in testing administration occurred at that

85-3  school on the examinations administered pursuant to NRS 389.015,

85-4  excluding the high school proficiency examination; and

85-5      (c) Based upon the criteria set forth in subsection 5, that the

85-6  irregularities described in paragraphs (a) and (b) warrant an

85-7  additional administration of the examinations,

85-8  the Department shall notify the school and the school district in

85-9  which the school is located that the school is required to provide for

85-10  an additional administration of the examinations to pupils who are

85-11  enrolled in a grade that is required to take the examinations pursuant

85-12  to NRS 389.015, excluding the high school proficiency

85-13  examination, or to the pupils the Department determines must take

85-14  the additional administration pursuant to subsection 6. The

85-15  additional administration must occur in the same school year in

85-16  which the irregularity described in paragraph (b) occurred. The

85-17  school district shall pay for all costs related to the administration of

85-18  examinations pursuant to this subsection.

85-19     5.  In determining whether to require a school to provide for an

85-20  additional administration of examinations pursuant to this section,

85-21  the Department shall consider:

85-22     (a) The effect of each irregularity in testing administration,

85-23  including, without limitation, whether the irregularity required the

85-24  scores of pupils to be invalidated; and

85-25     (b) Whether sufficient time remains in the school year to

85-26  provide for an additional administration of examinations.

85-27     6.  If the Department determines pursuant to subsection 5 that a

85-28  school must provide for an additional administration of

85-29  examinations, the Department may consider whether the most recent

85-30  irregularity in testing administration affected the test scores of a

85-31  limited number of pupils and require the school to provide an

85-32  additional administration of examinations pursuant to this section

85-33  only to those pupils whose test scores were affected by the most

85-34  recent irregularity.

85-35     7. The Department shall provide as many notices pursuant to

85-36  this section during 1 school year as are applicable to the

85-37  irregularities occurring at a school. A school shall provide for

85-38  additional administrations of examinations pursuant to this section

85-39  within 1 school year as applicable to the irregularities occurring at

85-40  the school.

85-41     8. If a school is required to provide an additional

85-42  administration of examinations pursuant to [subsection 2 of NRS

85-43  385.368] section 14 of this act for a school year, the school is not

85-44  required to provide for an additional administration pursuant to

85-45  [subsection 1 or 4] this section in that school year. The Department

86-1  shall ensure that the information required pursuant to paragraph (b)

86-2  of subsection 3 of NRS 389.648 is included in its report for the

86-3  additional administration provided by such a school pursuant to

86-4  [subsection 2 of NRS 385.368.] section 14 of this act.

86-5      Sec. 71.  Chapter 391 of NRS is hereby amended by adding

86-6  thereto the provisions set forth as sections 72 to 76, inclusive, of this

86-7  act.

86-8      Sec. 72.  As used in this chapter, unless the context otherwise

86-9  requires, the words and terms defined in NRS 391.005 and section

86-10  73 of this act have the meanings ascribed to them in those

86-11  sections.

86-12     Sec. 73.  1.  “Paraprofessional” means a person who is

86-13  employed by and assigned by a school district or charter school to:

86-14     (a) Provide one-on-one tutoring for a pupil;

86-15     (b) Assist with the management of a classroom, including,

86-16  without limitation, organizing instructional materials;

86-17     (c) Provide assistance in a computer laboratory;

86-18     (d) Conduct parental involvement activities in conjunction

86-19  with one or more duties set forth in this subsection;

86-20     (e) Provide support in a library or media center;

86-21     (f) Except as otherwise provided in subsection 2, provide

86-22  services as a translator; or

86-23     (g) Provide instructional services to pupils under the direct

86-24  supervision of a licensed teacher.

86-25     2.  The term “paraprofessional” does not include a person

86-26  who:

86-27     (a) Is proficient in the English language and a language other

86-28  than English and who provides services as a translator primarily

86-29  to enhance the participation of children in programs that are

86-30  financially supported pursuant to the No Child Left Behind Act of

86-31  2001, 20 U.S.C. §§ 6301 et seq.

86-32     (b) Solely conducts parental involvement activities.

86-33     Sec. 74.  The State Board shall prescribe by regulation at

86-34  least one examination for those paraprofessionals who desire to

86-35  satisfy the requirements of 20 U.S.C. § 6319(c) by passing an

86-36  examination prescribed by this state. The regulations must include

86-37  the passing score required to demonstrate satisfaction of the

86-38  requirements of 20 U.S.C. § 6319(c).

86-39     Sec. 75.  1.  Upon the request of a parent or legal guardian

86-40  of a pupil who is enrolled in a public school, the board of trustees

86-41  of the school district in which the school is located or the

86-42  governing body of the charter school, as applicable, shall provide

86-43  to the parent or guardian information regarding the professional

86-44  qualifications of the pupil’s teachers. The State Board shall

86-45  prescribe the time by which such information must be provided

87-1  after receipt of the request by the school district or charter school.

87-2  The information provided must include, without limitation:

87-3      (a) For each teacher who provides instruction to the pupil:

87-4          (1) Whether the teacher holds a license for the grade level

87-5  and subject area in which the teacher provides instruction;

87-6          (2) Whether the teacher is:

87-7              (I) Providing instruction pursuant to NRS 391.125;

87-8              (II) Providing instruction pursuant to a waiver of the

87-9  requirements for licensure for the grade level or subject area in

87-10  which the teacher is employed; or

87-11             (III) Otherwise providing instruction without an

87-12  endorsement for the subject area in which the teacher is

87-13  employed; and

87-14         (3) The degree held by the teacher and any other graduate

87-15  certification or degree held by the teacher, including, without

87-16  limitation, the field in which each degree or certification was

87-17  obtained; and

87-18     (b) If a paraprofessional, as defined in section 73 of this act,

87-19  provides services to the pupil, the qualifications of the

87-20  paraprofessional.

87-21     2.  At the beginning of each school year, the board of trustees

87-22  of each school district and the governing body of each charter

87-23  school shall provide written notice to the parents and guardians of

87-24  each pupil enrolled in a school within the school district or

87-25  enrolled in the charter school, as applicable, that a parent or

87-26  guardian may request information pursuant to subsection 1. The

87-27  State Board shall prescribe the date by which the notice required

87-28  by this subsection must be provided.

87-29     3.  The information required pursuant to subsection 1 and the

87-30  notice required pursuant to subsection 2 must be provided in a

87-31  uniform and understandable format and, to the extent practicable,

87-32  in a language that parents and guardians can understand.

87-33     Sec. 76.  1.  If a pupil enrolled in a Title I school or a school

87-34  that is designated as needing improvement pursuant to section 16

87-35  of this act:

87-36     (a) Is assigned to a teacher, as his regular classroom teacher,

87-37  who is not highly qualified; or

87-38     (b) Has been taught for 4 consecutive weeks or more by a

87-39  teacher who is not the pupil’s regular classroom teacher and who

87-40  is not highly qualified,

87-41  the principal of the school or the administrative head of the

87-42  charter school, as applicable, shall provide notice of that fact to

87-43  the parent or legal guardian of the pupil.

87-44     2.  The State Board shall prescribe the date on which the

87-45  notice required by subsection 1 must be provided. The notice must

88-1  be provided in a uniform and understandable format and, to the

88-2  extent practicable, in a language that parents and guardians can

88-3  understand.

88-4      3.  As used in this section, “highly qualified” has the meaning

88-5  ascribed to it in 20 U.S.C. § 7801(23).

88-6      Sec. 77.  NRS 391.005 is hereby amended to read as follows:

88-7      391.005  [As used in this chapter, unless the context otherwise

88-8  requires,] “Commission” means the Commission on Professional

88-9  Standards in Education.

88-10     Sec. 78.  NRS 391.019 is hereby amended to read as follows:

88-11      391.019  1.  Except as otherwise provided in NRS 391.027,

88-12  the Commission:

88-13     (a) Shall adopt regulations:

88-14         (1) Prescribing the qualifications for licensing teachers and

88-15  other educational personnel , including, without limitation, the

88-16  qualifications for a license to teach middle school or junior high

88-17  school education, and the procedures for the issuance and renewal

88-18  of such licenses.

88-19         (2) Identifying fields of specialization in teaching which

88-20  require the specialized training of teachers.

88-21         (3) Except as otherwise provided in NRS 391.125, requiring

88-22  teachers to obtain from the Department an endorsement in a field of

88-23  specialization to be eligible to teach in that field of specialization.

88-24         (4) Setting forth the educational requirements a teacher must

88-25  satisfy to qualify for an endorsement in each field of specialization.

88-26         (5) Setting forth the qualifications and requirements for

88-27  obtaining a license or endorsement to teach American Sign

88-28  Language.

88-29     (b) May adopt such other regulations as it deems necessary for

88-30  its own government or to carry out its duties.

88-31     2.  Any regulation which increases the amount of education,

88-32  training or experience required for licensing:

88-33     (a) Must, in addition to the requirements for publication in

88-34  chapter 233B of NRS, be publicized before its adoption in a manner

88-35  reasonably calculated to inform those persons affected by the

88-36  change.

88-37     (b) Must not become effective until at least 1 year after the date

88-38  it is adopted by the Commission.

88-39     (c) Is not applicable to a license in effect on the date the

88-40  regulation becomes effective.

88-41     Sec. 79.  NRS 391.019 is hereby amended to read as follows:

88-42      391.019  1.  Except as otherwise provided in NRS 391.027,

88-43  the Commission:

88-44     (a) Shall adopt regulations:

89-1          (1) Prescribing the qualifications for licensing teachers and

89-2  other educational personnel , including, without limitation, the

89-3  qualifications for a license to teach middle school or junior high

89-4  school education, and the procedures for the issuance and renewal

89-5  of such licenses.

89-6          (2) Identifying fields of specialization in teaching which

89-7  require the specialized training of teachers.

89-8          (3) Except as otherwise provided in NRS 391.125, requiring

89-9  teachers to obtain from the Department an endorsement in a field of

89-10  specialization to be eligible to teach in that field of specialization.

89-11         (4) Setting forth the educational requirements a teacher must

89-12  satisfy to qualify for an endorsement in each field of specialization.

89-13         (5) Setting forth the qualifications and requirements for

89-14  obtaining a license or endorsement to teach American Sign

89-15  Language, including, without limitation, being qualified to engage

89-16  in the practice of interpreting pursuant to subsection 3 of

89-17  NRS 656A.100.

89-18         (6) Except as otherwise authorized by subsection 4 of NRS

89-19  656A.100, requiring teachers and other educational personnel to

89-20  satisfy the qualifications set forth in subsection 3 of NRS 656A.100

89-21  if they:

89-22             (I) Provide instruction or other educational services; and

89-23             (II) Concurrently engage in the practice of interpreting, as

89-24  defined in NRS [656A.040.] 656A.060.

89-25     (b) May adopt such other regulations as it deems necessary for

89-26  its own government or to carry out its duties.

89-27     2.  Any regulation which increases the amount of education,

89-28  training or experience required for licensing:

89-29     (a) Must, in addition to the requirements for publication in

89-30  chapter 233B of NRS, be publicized before its adoption in a manner

89-31  reasonably calculated to inform those persons affected by the

89-32  change.

89-33     (b) Must not become effective until at least 1 year after the date

89-34  it is adopted by the Commission.

89-35     (c) Is not applicable to a license in effect on the date the

89-36  regulation becomes effective.

89-37     Sec. 80.  NRS 391.031 is hereby amended to read as follows:

89-38      391.031  There are the following kinds of licenses for teachers

89-39  and other educational personnel in this state:

89-40     1.  A license to teach elementary education, which authorizes

89-41  the holder to teach in any elementary school in the State.

89-42     2.  A license to teach middle school or junior high school

89-43  education, which authorizes the holder to teach in his major or

89-44  minor field of preparation or in both fields in grades 7, 8 and 9 at

89-45  any middle school or junior high school. He may teach only in

90-1  these fields unless an exception is approved pursuant to

90-2  regulations adopted by the Commission.

90-3      3.  A license to teach secondary education, which authorizes the

90-4  holder to teach in his major or minor field of preparation or in both

90-5  fields in any secondary school. He may teach only in these fields

90-6  unless an exception is approved pursuant to regulations adopted by

90-7  the Commission.

90-8      [3.] 4.  A special license, which authorizes the holder to teach

90-9  or perform other educational functions in a school or program as

90-10  designated in the license.

90-11     Sec. 81.  NRS 391.100 is hereby amended to read as follows:

90-12      391.100  1.  The board of trustees of a school district may

90-13  employ a superintendent of schools, teachers and all other necessary

90-14  employees.

90-15     2.  A person who is initially hired by the board of trustees of a

90-16  school district on or after January 8, 2002, to teach in a program

90-17  supported with money from Title I must possess the qualifications

90-18  required by 20 U.S.C. § 6319(a). For the purposes of this

90-19  subsection, a person is not “initially hired” if he has been

90-20  employed as a teacher by another school district or charter school

90-21  in this state without an interruption in employment before the date

90-22  of hire by his current employer.

90-23     3.  A person who is employed as a teacher, regardless of the

90-24  date of hire, must possess, on or before July 1, 2006, the

90-25  qualifications required by 20 U.S.C. § 6319(a) if he teaches:

90-26     (a) English, reading or language arts;

90-27     (b) Mathematics;

90-28     (c) Science;

90-29     (d) Foreign language;

90-30     (e) Civics or government;

90-31     (f) Economics;

90-32     (g) Geography;

90-33     (h) History; or

90-34     (i) The arts.

90-35     4.  The board of trustees of a school district:

90-36     (a) May employ teacher aides and other auxiliary,

90-37  nonprofessional personnel to assist licensed personnel in the

90-38  instruction or supervision of children, either in the classroom or at

90-39  any other place in the school or on the grounds thereof . [; and] A

90-40  person who is initially hired as a paraprofessional by a school

90-41  district on or after January 8, 2002, to work in a program

90-42  supported with Title I money must possess the qualifications

90-43  required by 20 U.S.C. § 6319(c). A person who is employed as a

90-44  paraprofessional by a school district, regardless of the date of hire,

90-45  to work in a program supported with Title I money must possess,

91-1  on or before January 8, 2006, the qualifications required by 20

91-2  U.S.C. § 6319(c). For the purposes of this paragraph, a person is

91-3  not “initially hired” if he has been employed as a paraprofessional

91-4  by another school district or charter school in this state without an

91-5  interruption in employment before the date of hire by his current

91-6  employer.

91-7      (b) Shall establish policies governing the duties and

91-8  performance of teacher aides.

91-9      [3.] 5.  Each applicant for employment pursuant to this section,

91-10  except a teacher or other person licensed by the Superintendent of

91-11  Public Instruction, must, as a condition to employment, submit to

91-12  the school district a full set of his fingerprints and written

91-13  permission authorizing the school district to forward the fingerprints

91-14  to the Federal Bureau of Investigation and the Central Repository

91-15  for Nevada Records of Criminal History for their reports on the

91-16  criminal history of the applicant.

91-17     [4.]6.  Except as otherwise provided in subsection [5,]7, the

91-18  board of trustees of a school district shall not require a licensed

91-19  teacher or other person licensed by the Superintendent of Public

91-20  Instruction pursuant to NRS 391.033 who has taken a leave of

91-21  absence from employment authorized by the school district,

91-22  including, without limitation:

91-23     (a) Sick leave;

91-24     (b) Sabbatical leave;

91-25     (c) Personal leave;

91-26     (d) Leave for attendance at a regular or special session of the

91-27  Legislature of this state if the employee is a member thereof;

91-28     (e) Maternity leave; and

91-29     (f) Leave permitted by the Family and Medical Leave Act of

91-30  1993, 29 U.S.C. §§ 2601 et seq.,

91-31  to submit a set of his fingerprints as a condition of return to or

91-32  continued employment with the school district if the employee is in

91-33  good standing when the employee began the leave.

91-34     [5.] 7.  A board of trustees of a school district may ask the

91-35  Superintendent of Public Instruction to require a person licensed by

91-36  the Superintendent of Public Instruction pursuant to NRS 391.033

91-37  who has taken a leave of absence from employment authorized by

91-38  the school district to submit a set of his fingerprints as a condition of

91-39  return to or continued employment with the school district if the

91-40  board of trustees has probable cause to believe that the person has

91-41  committed a felony or an offense involving moral turpitude during

91-42  the period of his leave of absence.

91-43     [6.] 8.  The board of trustees of a school district may employ or

91-44  appoint persons to serve as school police officers. If the board of

91-45  trustees of a school district employs or appoints persons to serve as

92-1  school police officers, the board of trustees shall employ a law

92-2  enforcement officer to serve as the chief of school police who is

92-3  supervised by the superintendent of schools of the school district.

92-4  The chief of school police shall supervise each person appointed or

92-5  employed by the board of trustees as a school police officer. In

92-6  addition, persons who provide police services pursuant to subsection

92-7  [7 or 8] 9 or 10 shall be deemed school police officers.

92-8      [7.] 9.  The board of trustees of a school district in a county

92-9  that has a metropolitan police department created pursuant to

92-10  chapter 280 of NRS[,] may contract with the metropolitan police

92-11  department for the provision and supervision of police services in

92-12  the public schools within the jurisdiction of the metropolitan police

92-13  department and on property therein that is owned by the school

92-14  district. If a contract is entered into pursuant to this subsection, the

92-15  contract must make provision for the transfer of each school police

92-16  officer employed by the board of trustees to the metropolitan police

92-17  department. If the board of trustees of a school district contracts

92-18  with a metropolitan police department pursuant to this subsection,

92-19  the board of trustees shall, if applicable, cooperate with appropriate

92-20  local law enforcement agencies within the school district for the

92-21  provision and supervision of police services in the public schools

92-22  within the school district and on property owned by the school

92-23  district, but outside the jurisdiction of the metropolitan police

92-24  department.

92-25     [8.] 10.  The board of trustees of a school district in a county

92-26  that does not have a metropolitan police department created

92-27  pursuant to chapter 280 of NRS may contract with the sheriff of that

92-28  county for the provision of police services in the public schools

92-29  within the school district and on property therein that is owned by

92-30  the school district.

92-31     Sec. 82.  NRS 391.125 is hereby amended to read as follows:

92-32      391.125  1.  If the board of trustees of a school district

92-33  determines that a shortage of teachers exists within the school

92-34  district in a particular subject area, the board of trustees may submit

92-35  a written request to the Superintendent of Public Instruction to

92-36  employ persons who are licensed teachers but who do not hold an

92-37  endorsement to teach in the subject area for which there is a

92-38  shortage of teachers[.] at a public school within the school district

92-39  that is not designated as demonstrating need for improvement

92-40  pursuant to section 16 of this act. The Superintendent of Public

92-41  Instruction may grant such a request if the Superintendent

92-42  determines that a shortage of teachers exists in the subject area. If

92-43  the Superintendent of Public Instruction grants a request pursuant to

92-44  this subsection, a person who holds a license to teach but not an

92-45  endorsement in the subject area for which the request was granted

93-1  may be employed by the school district for not more than 2 school

93-2  years to teach in that subject area[.] at a public school within the

93-3  school district that is not designated as needing improvement

93-4  pursuant to section 16 of this act.

93-5      2.  If the Superintendent of Public Instruction grants a request

93-6  pursuant to subsection 1, the Superintendent shall submit a written

93-7  report to the Commission that includes the name of the school

93-8  district for which the request was granted and the subject area for

93-9  which the request was granted. Upon receipt of such a report, the

93-10  Commission shall consider whether to adopt revisions to the

93-11  requirements for an endorsement in that subject area to address

93-12  the shortage of teachers.

93-13     Sec. 83.  NRS 391.273 is hereby amended to read as follows:

93-14      391.273  1.  Except as otherwise provided in subsections 4 and

93-15  [9,] 10, the unlicensed personnel of a school district must be directly

93-16  supervised by licensed personnel in all duties which are instructional

93-17  in nature. To the extent practicable, the direct supervision must be

93-18  such that the unlicensed personnel are in the immediate location of

93-19  the licensed personnel and are readily available during such times

93-20  when supervision is required.

93-21     2.  Unlicensed personnel who are exempted pursuant to

93-22  subsection 4 must be under administrative supervision when

93-23  performing duties which are instructional in nature.

93-24     3.  Unlicensed personnel may temporarily perform duties under

93-25  administrative supervision which are not primarily instructional in

93-26  nature.

93-27     4.  [Upon] Except as otherwise provided in subsection 5, upon

93-28  application by a superintendent of schools, the Superintendent of

93-29  Public Instruction may grant an exemption from the provisions of

93-30  subsection 1. The Superintendent shall not grant an exemption

93-31  unless:

93-32     (a) The duties are within the employee’s special expertise or

93-33  training;

93-34     (b) The duties relate to the humanities or an elective course of

93-35  study, or are supplemental to the basic curriculum of a school;

93-36     (c) The performance of the duties does not result in the

93-37  replacement of a licensed employee or prevent the employment of a

93-38  licensed person willing to perform those duties;

93-39     (d) The secondary or combined school in which the duties will

93-40  be performed has less than 100 pupils enrolled and is at least 30

93-41  miles from a school in which the duties are performed by licensed

93-42  personnel; and

93-43     (e) The unlicensed employee submits his fingerprints for an

93-44  investigation pursuant to NRS 391.033.

94-1      5.  The exemption authorized by subsection 4 does not apply

94-2  to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the

94-3  regulations adopted pursuant thereto require the paraprofessional

94-4  to be directly supervised by a licensed teacher.

94-5      6.  The Superintendent of Public Instruction shall file a record

94-6  of all exempt personnel with the clerk of the board of trustees of

94-7  each local school district, and advise the clerk of any changes

94-8  therein. The record must contain:

94-9      (a) The name of the exempt employee;

94-10     (b) The specific instructional duties he may perform;

94-11     (c) Any terms or conditions of the exemption deemed

94-12  appropriate by the Superintendent of Public Instruction; and

94-13     (d) The date the exemption expires or a statement that the

94-14  exemption is valid as long as the employee remains in the same

94-15  position at the same school.

94-16     [6.] 7.  The Superintendent of Public Instruction may adopt

94-17  regulations prescribing the procedure to apply for an exemption

94-18  pursuant to this section and the criteria for the granting of such

94-19  exemptions.

94-20     [7.] 8.  Except in an emergency, it is unlawful for the board of

94-21  trustees of a school district to allow a person employed as a

94-22  teacher’s aide to serve as a teacher unless the person is a legally

94-23  qualified teacher licensed by the Superintendent of Public

94-24  Instruction. As used in this subsection, “emergency” means an

94-25  unforeseen circumstance which requires immediate action and

94-26  includes the fact that a licensed teacher or substitute teacher is not

94-27  immediately available.

94-28     [8.] 9.  If the Superintendent of Public Instruction determines

94-29  that the board of trustees of a school district has violated the

94-30  provisions of subsection [7,] 8, he shall take such actions as are

94-31  necessary to reduce the amount of money received by the district

94-32  pursuant to NRS 387.124 by an amount equal to the product when

94-33  the following numbers are multiplied together:

94-34     (a) The number of days on which the violation occurred;

94-35     (b) The number of pupils in the classroom taught by the

94-36  teacher’s aide; and

94-37     (c) The number of dollars of basic support apportioned to the

94-38  district per pupil per day pursuant to NRS 387.1233.

94-39     [9.] 10.  The provisions of this section do not apply to

94-40  unlicensed personnel who are employed by the governing body of a

94-41  charter school[.] , unless a paraprofessional employed by the

94-42  governing body is required to be directly supervised by a licensed

94-43  teacher pursuant to the provisions of 20 U.S.C. § 6319 and the

94-44  regulations adopted pursuant thereto.

 

95-1      Sec. 84.  NRS 391.520 is hereby amended to read as follows:

95-2      391.520  1.  The Statewide Council shall meet not less than

95-3  four times per year.

95-4      2.  The Statewide Council shall:

95-5      (a) Adopt uniform standards for use by the governing body of

95-6  each regional training program in the review and approval by the

95-7  governing body of the training to be provided by the regional

95-8  training program pursuant to NRS 391.540 and 391.544. The

95-9  standards must ensure that the training provided by the regional

95-10  training programs includes activities set forth in 20 U.S.C. §

95-11  7801(34), as appropriate for the type of training offered, and is of

95-12  high quality and is effective in addressing the training programs

95-13  specified in subsection 1 of NRS 391.544.

95-14     (b) Coordinate the dissemination of information to school

95-15  districts, administrators and teachers concerning the training,

95-16  programs and services provided by the regional training programs.

95-17     (c) Disseminate information to the regional training programs

95-18  concerning innovative and effective methods to provide professional

95-19  development.

95-20     (d) Conduct long-range planning concerning the professional

95-21  development needs of teachers and administrators employed in this

95-22  state.

95-23     (e) Adopt uniform procedures for use by the governing body of

95-24  each regional training program to report the evaluation conducted

95-25  pursuant to NRS 391.552.

95-26     3.  The Statewide Council may:

95-27     (a) Accept gifts and grants from any source for use by the

95-28  Statewide Council in carrying out its duties pursuant to this

95-29  section and accept gifts and grants from any source on behalf of

95-30  one or more regional training programs to assist with the training

95-31  provided pursuant to NRS 391.544; and

95-32     (b) Comply with applicable federal laws and regulations

95-33  governing the provision of federal grants to assist the Statewide

95-34  Council in carrying out its duties pursuant to this section and

95-35  comply with applicable federal laws and regulations governing the

95-36  provision of federal grants to assist with the training provided

95-37  pursuant to NRS 391.544.

95-38     Sec. 85.  NRS 391.536 is hereby amended to read as follows:

95-39      391.536  1.  On an annual basis, the governing body of each

95-40  regional training program shall review the budget for the program

95-41  and submit a proposed budget to the Legislative Committee on

95-42  Education. The proposed budget must include, without limitation,

95-43  the amount of money requested by the governing body to pay for the

95-44  services of the coordinator of the program appointed pursuant to

95-45  NRS 391.532. In even-numbered years, the proposed budget must

96-1  be submitted to the Legislative Committee on Education at least 4

96-2  months before the commencement of the next regular session of the

96-3  Legislature.

96-4      2.  The governing body of a regional training program may:

96-5      (a) Accept gifts and grants from any source to assist the

96-6  governing body in providing the training required by

96-7  NRS 391.544.

96-8      (b) Comply with applicable federal laws and regulations

96-9  governing the provision of federal grants to assist with the training

96-10  provided pursuant to NRS 391.544.

96-11     Sec. 86.  NRS 391.540 is hereby amended to read as follows:

96-12      391.540  1.  The governing body of each regional training

96-13  program shall:

96-14     [1.] (a) Adopt a training model, taking into consideration other

96-15  model programs, including, without limitation, the program used by

96-16  the Geographic Alliance in Nevada.

96-17     [2.] (b) Assess the training needs of teachers and administrators

96-18  who are employed by the school districts within the primary

96-19  jurisdiction of the regional training program and adopt priorities of

96-20  training for the program based upon the assessment of needs. The

96-21  board of trustees of each such school district may submit

96-22  recommendations to the appropriate governing body for the types of

96-23  training that should be offered by the regional training program.

96-24     [3.] (c) Prepare a 5-year plan for the regional training program,

96-25  which includes, without limitation:

96-26     [(a)] (1) An assessment of the training needs of teachers and

96-27  administrators who are employed by the school districts within the

96-28  primary jurisdiction of the regional training program; and

96-29     [(b)] (2) Specific details of the training that will be offered by

96-30  the regional training program for the first 2 years covered by the

96-31  plan.

96-32     [4.] (d) Review the 5-year plan on an annual basis and make

96-33  revisions to the plan as are necessary to serve the training needs of

96-34  teachers and administrators employed by the school districts within

96-35  the primary jurisdiction of the regional training program.

96-36     2.  The Department, the University and Community College

96-37  System of Nevada and the board of trustees of a school district

96-38  may request the governing body of the regional training program

96-39  that serves the school district to provide training, participate in a

96-40  program or otherwise perform a service that is in addition to the

96-41  duties of the regional training program that are set forth in the

96-42  plan adopted pursuant to this section or otherwise required by

96-43  statute. An entity may not represent that a regional training

96-44  program will perform certain duties or otherwise obligate the

96-45  regional training program as part of an application by that entity

97-1  for a grant unless the entity has first obtained the written

97-2  confirmation of the governing body of the regional training

97-3  program to perform those duties or obligations. The governing

97-4  body of a regional training program may, but is not required to,

97-5  grant a request pursuant to this subsection.

97-6      Sec. 87.  NRS 391.544 is hereby amended to read as follows:

97-7      391.544  1.  Based upon the assessment of needs for training

97-8  within the region and priorities of training adopted by the governing

97-9  body pursuant to NRS 391.540, each regional training program must

97-10  provide:

97-11     (a) Training for teachers in the standards established by the

97-12  Council to Establish Academic Standards for Public Schools

97-13  pursuant to NRS 389.520; and

97-14     (b) At least one of the following types of training:

97-15         (1) Training for teachers and school administrators in the

97-16  assessment and measurement of pupil achievement and the effective

97-17  methods to analyze the test results and scores of pupils to improve

97-18  the achievement and proficiency of pupils.

97-19         (2) Training for teachers in specific content areas to enable

97-20  the teachers to provide a higher level of instruction in their

97-21  respective fields of teaching. Such training must include instruction

97-22  in effective methods to teach in a content area provided by teachers

97-23  who are considered masters in that content area.

97-24         (3) Training for teachers in the methods to teach basic skills

97-25  to pupils, such as providing instruction in reading with the use of

97-26  phonics and providing instruction in basic skills of mathematics

97-27  computation.

97-28     2.  The training required pursuant to subsection 1 must:

97-29     (a) Include the activities set forth in 20 U.S.C. § 7801(34), as

97-30  deemed appropriate by the governing body for the type of training

97-31  offered.

97-32     (b) Include appropriate procedures to ensure follow-up training

97-33  for teachers and administrators who have received training through

97-34  the program.

97-35     [(b)] (c) Incorporate training that addresses the educational

97-36  needs of:

97-37         (1) Pupils with disabilities who participate in programs of

97-38  special education; and

97-39         (2) Pupils [whose primary language is not English.] who are

97-40  limited English proficient.

97-41     3.  The governing body of each regional training program shall

97-42  prepare and maintain a list that identifies programs for the

97-43  professional development of teachers and administrators that

97-44  successfully incorporate the standards of content and performance

97-45  established by the Council to Establish Academic Standards for

98-1  Public Schools pursuant to NRS 389.520 and other training listed in

98-2  subsection 1. The governing body shall provide a copy of the list on

98-3  an annual basis to school districts for dissemination to teachers and

98-4  administrators.

98-5      4.  A regional training program may include model classrooms

98-6  that demonstrate the use of educational technology for teaching and

98-7  learning.

98-8      5.  A regional training program may contract with the board

98-9  of trustees of a school district that is served by the regional

98-10  training program as set forth in NRS 391.512 to provide

98-11  professional development to the teachers and administrators

98-12  employed by the school district that is in addition to the training

98-13  required by this section. Any training provided pursuant to this

98-14  subsection must include the activities set forth in 20 U.S.C. §

98-15  7801(34), as deemed appropriate by the governing body for the

98-16  type of training offered.

98-17     6.  To the extent money is available from legislative

98-18  appropriation or otherwise, a regional training program may

98-19  provide training to paraprofessionals.

98-20     Sec. 88.  NRS 391.552 is hereby amended to read as follows:

98-21      391.552  The governing body of each regional training program

98-22  shall:

98-23     1.  Establish a method for the evaluation of the success of the

98-24  regional training program. The method must be consistent with the

98-25  uniform procedures adopted by the Statewide Council pursuant to

98-26  NRS 391.520.

98-27     2.  On or before July 1 of each year, submit an annual report to

98-28  the State Board, the Commission, the Legislative Committee on

98-29  Education and the Legislative Bureau of Educational Accountability

98-30  and Program Evaluation that includes:

98-31     (a) The priorities for training adopted by the governing body

98-32  pursuant to NRS 391.540 . [;]

98-33     (b) The type of training offered through the program in the

98-34  immediately preceding year . [;]

98-35     (c) The number of teachers and administrators who received

98-36  training through the program in the immediately preceding year . [;]

98-37     (d) The number of paraprofessionals, if any, who received

98-38  training through the program in the immediately preceding year.

98-39     (e) An evaluation of the success of the program in accordance

98-40  with the method established pursuant to subsection 1 . [; and

98-41     (e)] (f) A description of the gifts and grants, if any, received by

98-42  the governing body in the immediately preceding year and the gifts

98-43  and grants, if any, received by the Statewide Council during the

98-44  immediately preceding year on behalf of the regional training

99-1  program. The description must include the manner in which the

99-2  gifts and grants were expended.

99-3      (g) The 5-year plan for the program prepared pursuant to NRS

99-4  391.540 and any revisions to the plan made by the governing body

99-5  in the immediately preceding year.

99-6      Sec. 89.  Chapter 392 of NRS is hereby amended by adding

99-7  thereto a new section to read as follows:

99-8      The State Board shall adopt regulations to carry out the

99-9  provisions of 20 U.S.C. § 7912 concerning the choice that must be

99-10  offered to a pupil to attend another public school, including,

99-11  without limitation, a charter school, if the pupil is enrolled in a

99-12  persistently dangerous school or is the victim of a violent offense

99-13  while at school or on the grounds of the school in which he is

99-14  enrolled. The regulations must include the criteria for identifying

99-15  a school as persistently dangerous.

99-16     Sec. 90.  NRS 392.128 is hereby amended to read as follows:

99-17      392.128  1.  Each advisory board to review school attendance

99-18  created pursuant to NRS 392.126 shall:

99-19     (a) Review the records of the attendance and truancy of pupils

99-20  submitted to the advisory board to review school attendance by the

99-21  board of trustees of the school district pursuant to subsection [6] 7

99-22  of NRS 385.347;

99-23     (b) Identify factors that contribute to the truancy of pupils in the

99-24  school district;

99-25     (c) Establish programs to reduce the truancy of pupils in the

99-26  school district;

99-27     (d) At least annually, evaluate the effectiveness of those

99-28  programs;

99-29     (e) Establish a procedure for schools and school districts for the

99-30  reporting of the status of pupils as habitual truants; and

99-31     (f) Inform the parents and legal guardians of the pupils who are

99-32  enrolled in the schools within the district of the policies and

99-33  procedures adopted pursuant to the provisions of this section.

99-34     2.  The chairman of an advisory board may divide the advisory

99-35  board into subcommittees. The advisory board may delegate one or

99-36  more of the duties of the advisory board to a subcommittee of the

99-37  advisory board, including, without limitation, holding hearings

99-38  pursuant to NRS 392.147. If the chairman of an advisory board

99-39  divides the advisory board into subcommittees, the chairman shall

99-40  notify the board of trustees of the school district of this action. Upon

99-41  receipt of such a notice, the board of trustees shall establish rules

99-42  and procedures for each such subcommittee. A subcommittee shall

99-43  abide by the applicable rules and procedures when it takes action or

99-44  makes decisions.

100-1     3.  An advisory board to review school attendance created in a

100-2  county pursuant to NRS 392.126 may use money appropriated by

100-3  the Legislature and any other money made available to the advisory

100-4  board for the use of programs to reduce the truancy of pupils in the

100-5  school district. The advisory board to review school attendance

100-6  shall, on a quarterly basis, provide to the board of trustees of the

100-7  school district an accounting of the money used by the advisory

100-8  board to review school attendance to reduce the truancy of pupils in

100-9  the school district.

100-10    Sec. 91.  NRS 392.457 is hereby amended to read as follows:

100-11      392.457  1.  The State Board shall, in consultation with the

100-12  boards of trustees of school districts, educational personnel, local

100-13  associations and organizations of parents whose children are

100-14  enrolled in public schools throughout this state and individual

100-15  parents and legal guardians whose children are enrolled in public

100-16  schools throughout this state, adopt a policy to encourage effective

100-17  involvement by parents and families in support of their children and

100-18  the education of their children. The policy adopted by the State

100-19  Board must be considered when the Board:

100-20    (a) Consults with the boards of trustees of school districts in the

100-21  adoption of policies pursuant to subsection 3; and

100-22    (b) Interacts with school districts, public schools, educational

100-23  personnel, parents and legal guardians of pupils, and members of the

100-24  general public in carrying out its duties pursuant to this title.

100-25    2.  The policy adopted by the State Board pursuant to

100-26  subsection 1 must include the following elements and goals:

100-27    (a) Promotion of regular, two-way, meaningful communication

100-28  between home and school.

100-29    (b) Promotion and support of responsible parenting.

100-30    (c) Recognition of the fact that parents and families play an

100-31  integral role in assisting their children to learn.

100-32    (d) Promotion of a safe and open atmosphere for parents and

100-33  families to visit the school that their children attend and active

100-34  solicitation of parental and familial support and assistance for school

100-35  programs.

100-36    (e) Inclusion of parents as full partners in decisions affecting

100-37  their children and families.

100-38    (f) Availability of community resources to strengthen and

100-39  promote school programs, family practices and the achievement of

100-40  pupils.

100-41    3.  The board of trustees of each school district shall, in

100-42  consultation with the State Board, educational personnel, local

100-43  associations and organizations of parents whose children are

100-44  enrolled in public schools of the school district and individual

100-45  parents and legal guardians whose children are enrolled in public

101-1  schools of the school district, adopt policies to encourage effective

101-2  involvement by parents and families in support of their children and

101-3  the education of their children. The policies adopted pursuant to this

101-4  subsection must:

101-5     (a) Be consistent, to the extent applicable, with the policy

101-6  adopted by the State Board pursuant to subsection 1; [and]

101-7     (b) Include the elements and goals specified in subsection 2 [.] ;

101-8  and

101-9     (c) Comply with the parental involvement policy required by

101-10  the federal No Child Left Behind Act of 2001, as set forth in 20

101-11  U.S.C. § 6318.

101-12    4.  The State Board and the board of trustees of each school

101-13  district shall, at least once each year, review and amend their

101-14  respective policies as necessary.

101-15    Sec. 92.  NRS 392.463 is hereby amended to read as follows:

101-16      392.463  1.  Each school district shall adopt a plan to ensure

101-17  that the public schools within the school district are safe and free

101-18  of controlled substances. The plan must comply with the Safe and

101-19  Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101 et

101-20  seq.

101-21    2.  Each school district shall prescribe written rules of behavior

101-22  required of and prohibited for pupils attending school within their

101-23  district and shall prescribe appropriate punishments for violations of

101-24  the rules. If suspension or expulsion is used as a punishment for a

101-25  violation of the rules, the school district shall follow the procedures

101-26  in NRS 392.467.

101-27    [2.] 3.  A copy of the plan adopted pursuant to subsection 1

101-28  and the rules of behavior, prescribed punishments and procedures to

101-29  be followed in imposing punishments prescribed pursuant to

101-30  subsection 2 must be distributed to each pupil at the beginning of

101-31  the school year and to each new pupil who enters school during the

101-32  year. Copies must also be made available for inspection at each

101-33  school located in that district in an area on the grounds of the school

101-34  which is open to the public.

101-35    Sec. 93.  NRS 392.466 is hereby amended to read as follows:

101-36      392.466  1.  Except as otherwise provided in this section, any

101-37  pupil who commits a battery which results in the bodily injury of an

101-38  employee of the school or who sells or distributes any controlled

101-39  substance while on the premises of any public school, at an activity

101-40  sponsored by a public school or on any school bus must, for the first

101-41  occurrence, be suspended or expelled from that school, although he

101-42  may be placed in another kind of school, for at least a period equal

101-43  to one semester for that school. For a second occurrence, the pupil

101-44  must:

101-45    (a) Be permanently expelled from that school; and

102-1     (b) Receive equivalent instruction authorized by the State Board

102-2  pursuant to subsection 1 of NRS 392.070.

102-3     2.  Except as otherwise provided in this section, any pupil who

102-4  is found in possession of a firearm or a dangerous weapon while on

102-5  the premises of any public school, at an activity sponsored by a

102-6  public school or on any school bus must, for the first occurrence, be

102-7  expelled from the school for a period of not less than 1 year,

102-8  although he may be placed in another kind of school for a period not

102-9  to exceed the period of the expulsion. For a second occurrence, the

102-10  pupil must:

102-11    (a) Be permanently expelled from the school; and

102-12    (b) Receive equivalent instruction authorized by the State Board

102-13  pursuant to subsection 1 of NRS 392.070.

102-14  The superintendent of schools of a school district may, for good

102-15  cause shown in a particular case in that school district, allow [an

102-16  exception] a modification to the expulsion requirement of this

102-17  subsection[.] if such modification is set forth in writing.

102-18    3.  Except as otherwise provided in this section, if a pupil is

102-19  deemed a habitual disciplinary problem pursuant to NRS 392.4655,

102-20  the pupil must be suspended or expelled from the school for a period

102-21  equal to at least one semester for that school. For the period of his

102-22  suspension or expulsion, the pupil must receive equivalent

102-23  instruction authorized by the State Board pursuant to subsection 1 of

102-24  NRS 392.070.

102-25    4.  This section does not prohibit a pupil from having in his

102-26  possession a knife or firearm with the approval of the principal of

102-27  the school. A principal may grant such approval only in accordance

102-28  with the policies or regulations adopted by the board of trustees of

102-29  the school district.

102-30    5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has

102-31  been found to have possessed a firearm in violation of subsection 2,

102-32  may be suspended from school or permanently expelled from school

102-33  pursuant to this section only after the board of trustees of the school

102-34  district has reviewed the circumstances and approved this action in

102-35  accordance with the procedural policy adopted by the board for such

102-36  issues.

102-37    6.  A pupil who is participating in a program of special

102-38  education pursuant to NRS 388.520, other than a pupil who is gifted

102-39  and talented, may, in accordance with the procedural policy adopted

102-40  by the board of trustees of the school district for such matters, be:

102-41    (a) Suspended from school pursuant to this section for not more

102-42  than 10 days. Such a suspension may be imposed pursuant to this

102-43  paragraph for each occurrence of conduct proscribed by

102-44  subsection 1.

103-1     (b) Suspended from school for more than 10 days or

103-2  permanently expelled from school pursuant to this section only after

103-3  the board of trustees of the school district has reviewed the

103-4  circumstances and determined that the action is in compliance with

103-5  the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400

103-6  et seq.

103-7     7.  As used in this section:

103-8     (a) “Battery” has the meaning ascribed to it in paragraph (a) of

103-9  subsection 1 of NRS 200.481.

103-10    (b) “Dangerous weapon” includes, without limitation, a

103-11  blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk

103-12  or dagger, a nunchaku, switchblade knife or trefoil, as defined in

103-13  NRS 202.350, a butterfly knife or any other knife described in NRS

103-14  202.350, or any other object which is used, or threatened to be used,

103-15  in such a manner and under such circumstances as to pose a threat

103-16  of, or cause, bodily injury to a person.

103-17    (c) “Firearm” includes, without limitation, any pistol, revolver,

103-18  shotgun, explosive substance or device, and any other item included

103-19  within the definition of a “firearm” in 18 U.S.C. § 921, as that

103-20  section existed on July 1, 1995.

103-21    Sec. 94.  NRS 218.5354 is hereby amended to read as follows:

103-22      218.5354  1.  The Committee may:

103-23    (a) Evaluate, review and comment upon issues related to

103-24  education within this state, including, but not limited to:

103-25        (1) Programs to enhance accountability in education;

103-26        (2) Legislative measures regarding education;

103-27        (3) The progress made by this state, the school districts and

103-28  the public schools in this state in satisfying the goals and

103-29  objectives of the federal No Child Left Behind Act of 2001, 20

103-30  U.S.C. §§ 6301 et seq., and the annual measurable objectives

103-31  established by the State Board of Education pursuant to section 5

103-32  of this act;

103-33        (4) Methods of financing public education;

103-34        [(4)] (5) The condition of public education in the elementary

103-35  and secondary schools;

103-36        [(5)] (6)  The program to reduce the ratio of pupils per class

103-37  per licensed teacher prescribed in NRS 388.700, 388.710 and

103-38  388.720;

103-39        [(6)] (7)  The development of any programs to automate the

103-40  receipt, storage and retrieval of the educational records of pupils;

103-41  and

103-42        [(7)] (8) Any other matters that, in the determination of the

103-43  Committee, affect the education of pupils within this state.

103-44    (b) Conduct investigations and hold hearings in connection with

103-45  its duties pursuant to this section.

104-1     (c) Request that the Legislative Counsel Bureau assist in the

104-2  research, investigations, hearings and reviews of the Committee.

104-3     (d) Make recommendations to the Legislature concerning the

104-4  manner in which public education may be improved.

104-5     2.  The Committee shall:

104-6     (a) In addition to any standards prescribed by the Department of

104-7  Education, prescribe standards for the review and evaluation of the

104-8  reports of the State Board of Education, school districts and public

104-9  schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.

104-10    (b) For the purposes set forth in NRS 385.389, recommend to

104-11  the Department of Education programs of remedial study for each

104-12  subject tested on the examinations administered pursuant to NRS

104-13  389.015. In recommending these programs of remedial study, the

104-14  Committee shall consider programs of remedial study that have

104-15  proven to be successful in improving the academic achievement of

104-16  pupils.

104-17    (c) Recommend to the Department of Education providers of

104-18  supplemental educational services for inclusion on the list of

104-19  approved providers prepared by the Department pursuant to

104-20  section 40 of this act. In recommending providers, the Committee

104-21  shall consider providers with a demonstrated record of

104-22  effectiveness in improving the academic achievement of pupils.

104-23    Sec. 95.  NRS 218.5356 is hereby amended to read as follows:

104-24      218.5356  1.  The Legislative Bureau of Educational

104-25  Accountability and Program Evaluation is hereby created within the

104-26  Fiscal Analysis Division of the Legislative Counsel Bureau. The

104-27  fiscal analysts shall appoint to the Legislative Bureau of Educational

104-28  Accountability and Program Evaluation a Chief and such other

104-29  personnel as the fiscal analysts determine are necessary for the

104-30  Bureau to carry out its duties pursuant to this section.

104-31    2.  The Bureau shall, as the fiscal analysts determine is

104-32  necessary or at the request of the Committee:

104-33    (a) Collect and analyze data and issue written reports

104-34  concerning:

104-35        (1) The effectiveness of the provisions of NRS 385.3455 to

104-36  385.391, inclusive, and sections 2 to 40, inclusive, of this act, in

104-37  improving the accountability of the schools of this state;

104-38        (2) The statewide program to reduce the ratio of pupils per

104-39  class per licensed teacher prescribed in NRS 388.700, 388.710 and

104-40  388.720;

104-41        (3) The statewide program to educate persons with

104-42  disabilities that is set forth in chapter 395 of NRS;

104-43        (4) The results of the examinations of the National

104-44  Assessment of Educational Progress that are administered pursuant

104-45  to NRS 389.012; and

105-1         (5) Any program or legislative measure, the purpose of

105-2  which is to reform the system of education within this state.

105-3     (b) Conduct studies and analyses to evaluate the performance

105-4  and progress of the system of public education within this state.

105-5  Such studies and analyses may be conducted:

105-6         (1) As the fiscal analysts determine are necessary; or

105-7         (2) At the request of the Legislature.

105-8  This paragraph does not prohibit the Bureau from contracting with a

105-9  person or entity to conduct studies and analyses on behalf of the

105-10  Bureau.

105-11    (c) On or before December 31 of each even-numbered year,

105-12  submit a written report of its findings pursuant to paragraphs (a) and

105-13  (b) to the Director of the Legislative Counsel Bureau for

105-14  transmission to the next regular session of the Legislature. The

105-15  Bureau shall, on or before December 31 of each odd-numbered year,

105-16  submit a written report of its findings pursuant to paragraphs (a) and

105-17  (b) to the Director of the Legislative Counsel Bureau for

105-18  transmission to the Legislative Commission.

105-19    3.  The Bureau may, pursuant to NRS 218.687, require a

105-20  school, a school district, the University and Community College

105-21  System of Nevada or the Department of Education to submit to the

105-22  Bureau books, papers, records and other information that the Chief

105-23  of the Bureau determines are necessary to carry out the duties of the

105-24  Bureau pursuant to this section. An entity whom the Bureau requests

105-25  to produce records or other information shall provide the records or

105-26  other information in any readily available format specified by the

105-27  Bureau.

105-28    4.  Except as otherwise provided in this subsection, any

105-29  information obtained by the Bureau pursuant to this section shall be

105-30  deemed a work product that is confidential pursuant to NRS

105-31  218.625. The Bureau may, at the discretion of the Chief and after

105-32  submission to the Legislature or Legislative Commission, as

105-33  appropriate, publish reports of its findings pursuant to paragraphs

105-34  (a) and (b) of subsection 2.

105-35    5.  This section does not prohibit the Department of Education

105-36  or the State Board of Education from conducting analyses,

105-37  submitting reports or otherwise reviewing educational programs in

105-38  this state.

105-39    Sec. 96.  (Deleted.)

105-40    Sec. 97.  NRS 354.598 is hereby amended to read as follows:

105-41      354.598  1.  At the time and place advertised for public

105-42  hearing, or at any time and place to which the public hearing is from

105-43  time to time adjourned, the governing body shall hold a public

105-44  hearing on the tentative budget, at which time interested persons

105-45  must be given an opportunity to be heard.

106-1     2.  At the public hearing, the governing body shall indicate

106-2  changes, if any, to be made in the tentative budget[,] and shall

106-3  adopt a final budget by the favorable votes of a majority of all

106-4  members of the governing body. Except as otherwise provided in

106-5  this subsection, the final budget must be adopted on or before June 1

106-6  of each year. The final budgets of school districts must be adopted

106-7  on or before June 8 of each year . [and must be accompanied by

106-8  copies of the written report and written procedure prepared pursuant

106-9  to subsection 3 of NRS 385.351.] Should the governing body fail to

106-10  adopt a final budget that complies with the requirements of law and

106-11  the regulations of the Committee on Local Government Finance on

106-12  or before the required date, the budget adopted and used for

106-13  certification of the combined ad valorem tax rate by the Department

106-14  of Taxation for the current year, adjusted as to content and rate in

106-15  such a manner as the Department of Taxation may consider

106-16  necessary, automatically becomes the budget for the ensuing fiscal

106-17  year. When a budget has been so adopted by default, the governing

106-18  body may not reconsider the budget without the express approval of

106-19  the Department of Taxation. If the default budget creates a

106-20  combined ad valorem tax rate in excess of the limit imposed by

106-21  NRS 361.453, the Nevada Tax Commission shall adjust the budget

106-22  as provided in NRS 361.4547 or 361.455.

106-23    3.  The final budget must be certified by a majority of all

106-24  members of the governing body , and a copy of it, together with an

106-25  affidavit of proof of publication of the notice of the public hearing,

106-26  must be transmitted to the Nevada Tax Commission. If a tentative

106-27  budget is adopted by default as provided in subsection 2, the clerk of

106-28  the governing body shall certify the budget and transmit to the

106-29  Nevada Tax Commission a copy of the budget, together with an

106-30  affidavit of proof of the notice of the public hearing, if that notice

106-31  was published. Certified copies of the final budget must be

106-32  distributed as determined by the Department of Taxation.

106-33    4.  Upon the adoption of the final budget or the amendment of

106-34  the budget in accordance with NRS 354.598005, the several

106-35  amounts stated in it as proposed expenditures are appropriated for

106-36  the purposes indicated in the budget.

106-37    5.  No governing body may adopt any budget which

106-38  appropriates for any fund any amount in excess of the budget

106-39  resources of that fund.

106-40    6.  If a local government makes a change in its final budget

106-41  which increases the combined ad valorem tax rate, the local

106-42  government shall submit the amended final budget to the county

106-43  auditor within 15 days after making the change.

107-1     Sec. 98.  1.  There is hereby appropriated from the State

107-2  General Fund to the Department of Education the sum of

107-3  $9,950,000 for educational technology.

107-4     2.  The Department of Education shall distribute the money

107-5  appropriated by subsection 1 as follows:

107-6     (a) For the Commission on Educational Technology to grant

107-7  money to local school districts for schools within the school district

107-8  to acquire the minimal level of educational technology that is

107-9  necessary to provide a networked computer for each classroom, as

107-10  recommended by the Commission:

107-11  For the Fiscal Year 2003-2004. $1,250,000

107-12  For the Fiscal Year 2004-2005. $1,250,000

107-13    (b) For the Commission on Educational Technology to provide

107-14  grants to local school districts for the repair, replacement or upgrade

107-15  of computer hardware and software, including, without limitation,

107-16  contracts for maintenance:

107-17  For the Fiscal Year 2003-2004. $2,500,000

107-18  For the Fiscal Year 2004-2005. $2,500,000

107-19    (c) For the Commission on Educational Technology to grant to

107-20  local school districts for hardware, software and contracting services

107-21  to provide or enhance technical support to the school districts:

107-22  For the Fiscal Year 2003-2004. $625,000

107-23  For the Fiscal Year 2004-2005. $625,000

107-24    (d) For the Commission on Educational Technology to grant to

107-25  local school districts for pilot programs that demonstrate best

107-26  practices for the use of educational technology to improve the

107-27  achievement of pupils:

107-28  For the Fiscal Year 2003-2004. $150,000

107-29  For the Fiscal Year 2004-2005. $150,000

107-30    (e) For the Commission on Educational Technology to distribute

107-31  for the KLVX Distance Learning Satellite Service    $400,000

107-32  (f) For the Commission on Educational Technology to grant to

107-33  the Division of State Library and Archives of the Department of

107-34  Cultural Affairs for licenses to allow school libraries access to

107-35  research databases and other on-line resources appropriate for

107-36  pupils    $500,000

107-37    3.  The sums appropriated by paragraphs (a) to (d), inclusive, of

107-38  subsection 2 are available for either fiscal year. Any balance of

107-39  those sums must not be committed for expenditure after June 30,

107-40  2005, and reverts to the State General Fund as soon as all payments

107-41  of money committed have been made.

107-42    4.  Any remaining balance of the appropriation made by

107-43  paragraphs (e) and (f) of subsection 2 must not be committed for

107-44  expenditure after June 30, 2005, and reverts to the State General

107-45  Fund as soon as all payments of money committed have been made.

108-1     Sec. 99.  1.  To receive a grant of money pursuant to section

108-2  98 of this act, a school district must:

108-3     (a) Complete forms provided by the Superintendent of Public

108-4  Instruction.

108-5     (b) Submit a written request to the Commission on Educational

108-6  Technology that identifies the schools within the school district

108-7  which need educational technology and the financial needs of those

108-8  schools to obtain the educational technology.

108-9     (c) Submit a plan to the Commission on Educational

108-10  Technology for the use of educational technology to improve the

108-11  instruction and academic achievement of pupils, based upon the

108-12  most recent version of the plan adopted by the Commission pursuant

108-13  to NRS 388.795 for the use of educational technology in the public

108-14  schools of this state. A school district may, as part of its plan and

108-15  upon approval of the Commission, elect to use refurbished

108-16  computers that do not meet the technical standards established by

108-17  the Commission.

108-18    (d) Submit a plan for evaluation in accordance with guidelines

108-19  submitted by the Commission on Educational Technology that

108-20  includes the effectiveness of the use of educational technology in

108-21  improving the academic achievement of pupils.

108-22    (e) Provide any additional information requested by the

108-23  Commission on Educational Technology.

108-24    2.  The Commission on Educational Technology shall

108-25  determine the amount of money that must be distributed to school

108-26  districts based upon the needs of each school district and the wealth

108-27  of the school district relative to the other school districts in this

108-28  state.

108-29    3.  A school district that receives a grant of money pursuant to

108-30  section 98 of this act shall:

108-31    (a) Account for the money separately; and

108-32    (b) Use the money to supplement, and not replace, the money

108-33  that the school district would otherwise expend for educational

108-34  technology.

108-35    4.  A school district that receives a grant of money pursuant to

108-36  section 98 of this act shall not use the money to:

108-37    (a) Settle or arbitrate disputes or negotiate settlements between

108-38  an organization that represents licensed employees of the school

108-39  district and the school district.

108-40    (b) Adjust the schedules of salaries and benefits of the

108-41  employees of the school district.

108-42    5.  On or before January 1, 2005, each school district that

108-43  receives a grant of money pursuant to section 98of this act shall

108-44  submit to the Department of Education and the Commission on

109-1  Educational Technology a written report in the format required by

109-2  the Department. The report must include, without limitation:

109-3     (a) A statement of the amount of money distributed to the school

109-4  district pursuant to section 127of this act;

109-5     (b) A record of the manner in which the money was expended;

109-6     (c) The purposes of each such expenditure; and

109-7     (d) Any other expenditures for similar purposes from other

109-8  money available to the school district.

109-9     6.  On or before February 1, 2005, the Department of Education

109-10  shall submit a written summary to the Governor, the Commission on

109-11  Educational Technology and the Director of the Legislative Counsel

109-12  Bureau for transmission to the 73rd Session of the Nevada

109-13  Legislature. The written summary must include, without limitation:

109-14    (a) The name of each school district that received a grant of

109-15  money pursuant to section 98 of this act; and

109-16    (b) A compilation of the reports submitted to the Department

109-17  pursuant to subsection 5.

109-18    Sec. 100.  1.  There is hereby appropriated from the State

109-19  General Fund to the Interim Finance Committee the following sums

109-20  for the contractual services of a consultant to provide brochures for

109-21  the reporting of test scores of pupils and related services:

109-22  For the Fiscal Year 2003-2004. $1,400,000

109-23  For the Fiscal Year 2004-2005. $1,400,000

109-24    2.  The Interim Finance Committee shall select the consultant

109-25  after issuing a request for proposals. The consultant shall provide

109-26  brochures for the reporting of test scores of pupils and related

109-27  services on the examinations that are administered in the subject

109-28  areas of reading and mathematics for the:

109-29    (a) Norm-referenced examinations in grades 4 and 7;

109-30    (b) Initial administration of the high school proficiency

109-31  examination to pupils in grades 10 or 11, as applicable; and

109-32    (c) Criterion-referenced examinations in grades 3, 5 and 8.

109-33    3.  The sums appropriated by subsection 1 are available for

109-34  either fiscal year. Any remaining balance of those sums must not be

109-35  committed for expenditure after June 30, 2005, and reverts to the

109-36  State General Fund as soon as all payments of money committed

109-37  have been made.

109-38    Sec. 101.  For the purposes of sections 102, 103 and 104 of this

109-39  act, the Legislature hereby:

109-40    1.  Recognizes that the State Board of Education initially based

109-41  its passing score for the mathematics portion of the high school

109-42  proficiency examination for 2003 on the academic standards for

109-43  mathematics adopted by the State Board of Education in 1998;

109-44    2.  Recognizes that the State Board of Education has required 3

109-45  credits of mathematics to graduate from high school beginning in

110-1  1999 but has not required specific subject area courses in

110-2  mathematics be taken by pupils;

110-3     3.  Recognizes that some school districts do not require pupils

110-4  to take the mathematics courses necessary to graduate from high

110-5  school and pass the mathematics portion of the high school

110-6  proficiency examination;

110-7     4.  Recognizes that some school districts have not carried out

110-8  sufficiently rigorous mathematics units for all students in order to

110-9  meet the academic standards in mathematics; and

110-10    5.  Expresses its dedication to ensuring that each pupil who

110-11  satisfies the minimum requirements for graduation receives a high

110-12  school diploma.

110-13    Sec. 102.  1.  For the graduating classes of 2003, the

110-14  Department of Education shall review the passing score for the

110-15  mathematics portion of the high school proficiency examination

110-16  and, based upon that review, lower the passing score as appropriate

110-17  by using a pass rate that provides at least a 95 percent confidence

110-18  interval for the recommended passing score.

110-19    2.  For the graduating classes of 2004, the Department of

110-20  Education shall review the passing score for the mathematics

110-21  portion of the high school proficiency examination and, based upon

110-22  that review, incrementally increase the passing score from the score

110-23  that was set pursuant to subsection 1, based upon reliable and valid

110-24  data concerning the passing rate for the examination.

110-25    3.  Thereafter, the Department of Education shall continue to

110-26  incrementally increase the passing score for each graduating class,

110-27  until the passing score established for the graduating class of 2007 is

110-28  equal to or exceeds the passing score initially established before

110-29  June 2003 for the graduating class of 2003.

110-30    4.  The provisions of this section do not abrogate the existing

110-31  requirements for graduation from high school set forth in statute and

110-32  other requirements prescribed by individual districts, including,

110-33  without limitation, credit requirements and passage of examinations.

110-34    Sec. 103.  1.  If a pupil is a senior in high school during the

110-35  2002-2003 school year and the pupil satisfies all the requirements

110-36  for graduation from high school except that the pupil failed to pass

110-37  the mathematics portion of the high school proficiency examination,

110-38  the school district and the school in which the pupil is enrolled must

110-39  allow the pupil to fully participate in the graduation ceremony for

110-40  the graduating class of 2003 on the presumption that the pupil

110-41  passed the mathematics portion of the high school proficiency

110-42  examination.

110-43    2.  After the Department of Education sets a revised passing

110-44  score pursuant to subsection 2 of section 102 of this act, the pupil

110-45  must receive a standard high school diploma if the Department

111-1  determines that the pupil passed the mathematics portion of the

111-2  examination based upon that revised passing score. The Department

111-3  of Education shall notify the school districts as soon as possible

111-4  after the Department determines which pupils passed the

111-5  mathematics portion of the examination based upon the revised

111-6  passing score.

111-7     3.  The provisions of this section do not apply to a pupil who

111-8  failed to pass the reading or writing portion of the examination.

111-9     Sec. 104.  1.  The board of trustees of each school district

111-10  shall:

111-11    (a) Conduct a review of the minimum credit requirements for

111-12  mathematics set by the State Board of Education;

111-13    (b) Determine whether the school district ensures that pupils

111-14  enrolled in public schools within the school district receive

111-15  instruction in mathematics that is aligned with the standards adopted

111-16  by the State Board of Education and the mathematics standards that

111-17  are tested on the high school proficiency examination;

111-18    (c) Determine whether adjustments are necessary to the

111-19  mathematics curriculum and required units of the school district to

111-20  ensure that the curriculum and required units are aligned with the

111-21  state standards and the high school proficiency examination; and

111-22    (d) On or before September 1, 2004, submit the results of its

111-23  review and study to the Superintendent of Public Instruction.

111-24    2.  The Superintendent of Public Instruction shall compile and

111-25  analyze the results and information so received from the school

111-26  districts. Based upon that information, the Superintendent of Public

111-27  Instruction shall determine the factors that contributed to the

111-28  unusually low scores on the mathematics portion of the examination

111-29  taken by the 2003 graduating classes. The Superintendent of Public

111-30  Instruction shall prepare a written compilation of the reports

111-31  received pursuant to subsection 1 and a written report of his

111-32  determination pursuant to this subsection. On or before December 1,

111-33  2004, the Superintendent of Public Instruction shall submit the

111-34  compilation, his report and any recommendations for legislation to

111-35  the Director of the Legislative Counsel Bureau for transmission to

111-36  the 73rd Session of the Nevada Legislature.

111-37    Sec. 105.  1.  The Department of Education shall provide

111-38  appropriate notice to each teacher employed in this state who will be

111-39  required to satisfy the requirements of 20 U.S.C. § 6319(a) and who

111-40  does not currently satisfy those requirements informing the teacher

111-41  of the additional qualifications the teacher must satisfy on or before

111-42  July 1, 2006, to meet the requirements of that provision of federal

111-43  law.

111-44    2.  The board of trustees of each school district and the

111-45  governing body of each charter school shall provide such

112-1  information concerning the teachers employed by the school district

112-2  or charter school as is necessary for the Department to carry out the

112-3  requirements of this section.

112-4     Sec. 106.  Each designation of a public school as

112-5  demonstrating need for improvement before July 1, 2004, must be

112-6  counted in determining the number of consecutive years that the

112-7  school has carried that designation when the Department of

112-8  Education or the board of trustees of a school district, as applicable,

112-9  designates public schools on July 1, 2004, pursuant to section 16 of

112-10  this act.

112-11    Sec. 107.  The high school proficiency examination that

112-12  measures the performance of pupils on the standards of content and

112-13  performance in science must first be administered to pupils enrolled

112-14  in grade 11 in the 2007-2008 school year, who must pass the

112-15  examination before the completion of grade 12 to graduate with a

112-16  standard high school diploma in the 2008-2009 school year.

112-17    Sec. 108.  1.  Notwithstanding the provisions of section 68 of

112-18  this act to the contrary, the State Board of Education may continue

112-19  to use the examinations for grades 3, 5 and 8 that are used on or

112-20  before July 1, 2003, but any new items or questions added to those

112-21  examinations must be written, developed, printed and scored by a

112-22  nationally recognized testing company.

112-23    2.  The Department of Education shall conduct, during the

112-24  2004-2005 school year, a pilot of the examinations required for

112-25  grades 4, 6 and 7 pursuant to section 68 of this act.

112-26    3.  The Department of Education shall conduct a field test,

112-27  during the 2004-2005 school year, of any new items or questions

112-28  added to the examinations required for grades 3, 5 and 8 pursuant to

112-29  section 68 of this act.

112-30    Sec. 109.  1.  The board of trustees of each school district and

112-31  the governing body of each charter school shall develop a plan that

112-32  sets forth the steps the district or the governing body will take to

112-33  ensure that pupils enrolled in schools that are designated as

112-34  demonstrating need for improvement pursuant to section 16 of this

112-35  act receive instruction by highly qualified instructional staff,

112-36  including, without limitation, steps to ensure that poor and minority

112-37  children are not taught at higher rates than other children by

112-38  inexperienced, unqualified or out-of-field teachers.

112-39    2.  The board of trustees of each school district and the

112-40  governing body of each charter school shall, on or before

112-41  September 1, 2004, submit a copy of the plan to the Legislative

112-42  Committee on Education.

112-43    3.  The provisions of this section do not supersede, negate or

112-44  otherwise limit the effect or application of the provisions of chapters

112-45  288 and 391 of NRS or the rights, remedies and procedures afforded

113-1  to employees of a school district under the terms of collective

113-2  bargaining agreements, memoranda of understanding or other such

113-3  agreements between employees and their employers.

113-4     Sec. 110.  1.  The board of trustees of each school district and

113-5  the governing body of each charter school shall develop a plan that

113-6  sets forth the manner in which the school district and charter school

113-7  will provide to parents and guardians of pupils enrolled in the school

113-8  district or charter school, as applicable, the results of pupils on the

113-9  examinations administered pursuant to NRS 389.550. The plan must

113-10  ensure that the parents and guardians of pupils are notified of the

113-11  results of pupils on the examinations in a timely manner that

113-12  complies with the requirements of the:

113-13    (a) No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et

113-14  seq., including, without limitation, the provisions of that federal law

113-15  which require public school choice for Title I schools designated as

113-16  demonstrating need for improvement; and

113-17    (b) Provisions of sections 2 to 40, inclusive, of this act.

113-18    2.  On or before January 1, 2004, the board of trustees of each

113-19  school district and the governing body of each charter school shall

113-20  submit the plan developed pursuant to subsection 1 to the

113-21  Legislative Committee on Education for its review and comment.

113-22    Sec. 111.  1.  On or before July 1, 2006, the Commission on

113-23  Professional Standards in Education shall adopt regulations pursuant

113-24  to section 78 of this act prescribing the qualifications for a license to

113-25  teach middle school or junior high school education. The regulations

113-26  must comply with the provisions of 20 U.S.C. § 6319(a) and the

113-27  regulations adopted pursuant thereto.

113-28    2.  On or before September 1, 2004, the State Board of

113-29  Education shall prepare and submit, in consultation with the

113-30  Commission on Professional Standards in Education, a plan to the

113-31  Legislative Committee on Education setting forth the manner in

113-32  which the State Board proposes to ensure that all persons who are

113-33  employed by the board of trustees of a school district or the

113-34  governing body of a charter school to teach:

113-35    (a) English, reading or language arts;

113-36    (b) Mathematics;

113-37    (c) Science;

113-38    (d) Foreign language;

113-39    (e) Civics or government;

113-40    (f) Economics;

113-41    (g) Geography;

113-42    (h) History; or

113-43    (i) The arts,

114-1  will possess the qualifications required by 20 U.S.C. § 6319(a) and

114-2  the regulations adopted pursuant thereto. The plan must include a

114-3  timeline by which the teachers will attain those qualifications.

114-4     3.  After reviewing the plan submitted pursuant to subsection 2,

114-5  the Legislative Committee on Education shall notify the State Board

114-6  of Education of the opinion of the Committee regarding the plan.

114-7     4.  The Legislative Committee on Education may make

114-8  recommendations for appropriate legislation as a result of its review

114-9  of a plan pursuant to this section.

114-10    Sec. 112.  On or before July 1, 2006, the Commission on

114-11  Professional Standards in Education shall review the regulations

114-12  adopted by the Commission governing the qualifications for the

114-13  licensure of teachers and other educational personnel and make such

114-14  revisions to the regulations as are necessary to ensure compliance

114-15  with 20 U.S.C. § 6319(a) and the regulations adopted pursuant

114-16  thereto.

114-17    Sec. 113.  1.  The State Board of Education shall submit a

114-18  draft of the regulations that it proposes to adopt pursuant to sections

114-19  2 to 40, inclusive, of this act to the Legislative Committee on

114-20  Education for the review and comment by the Committee.

114-21    2.  After reviewing a regulation submitted pursuant to

114-22  subsection 1, the Legislative Committee on Education shall notify

114-23  the State Board of Education of the opinion of the Committee

114-24  regarding the advisability of adopting the regulation.

114-25    3.  The Legislative Committee on Education may make

114-26  recommendations for appropriate legislation as a result of its review

114-27  of regulations pursuant to this section.

114-28    Sec. 114.  The Department of Education shall prepare and

114-29  make available an informational pamphlet for school districts,

114-30  employees of school districts, parents and legal guardians, and

114-31  members of the general public that includes information to assist

114-32  with understanding the provisions of the No Child Left Behind Act

114-33  of 2001, 20 U.S.C. §§ 6301 et seq., including, without limitation,

114-34  the text of the pertinent definitions contained in the Act and any

114-35  explanatory notes that the Department determines may be useful.

114-36    Sec. 115.  1.  NRS 385.351, 385.356, 385.363, 385.364,

114-37  385.365, 385.367, 385.368, 385.369, 385.371, 385.373, 385.375,

114-38  385.378, 385.381, 385.383 and 385.386 are hereby repealed.

114-39    2.  Sections 38 and 39 of chapter 13, Statutes of Nevada 2001

114-40  Special Session, at page 190, are hereby repealed.

114-41    Sec. 116.  1.  This section and sections 101 to 104, inclusive,

114-42  of this act become effective upon passage and approval.

114-43    2.  Sections 1 to 7, inclusive, 39, 40, 41, 43, 47 to 51, inclusive,

114-44  53, 54, 55, 59 to 63, inclusive, 66, 67, 69, 71 to 77, inclusive, 81, 83

114-45  to 89, inclusive, 91 to 96, inclusive, 98, 99, 100, 105 to 114,

115-1  inclusive, and subsection 2 of section 115 of this act become

115-2  effective on July 1, 2003.

115-3     2.  Section 78 of this act becomes effective on July 1, 2003, and

115-4  expires by limitation on June 30, 2005.

115-5     3.  Sections 8 to 38, inclusive, 42, 44, 45, 46, 52, 56, 57, 58, 70,

115-6  82, 90, 97 and subsection 1 of section 115 of this act become

115-7  effective on January 1, 2004.

115-8     4.  Section 64 of this act becomes effective on July 1, 2004.

115-9     5.  Sections 68, 79 and 80 of this act become effective on

115-10  July 1, 2005.

115-11    6.  Section 65 of this act becomes effective on July 1, 2007.

 

115-12  LEADLINES OF REPEALED SECTIONS OF NRS AND

115-13  TEXT OF REPEALED SECTIONS OF STATUTES OF NEVADA

 

115-14      385.351  Submission of accountability reports; preparation

115-15  of additional report; preparation of procedure to improve

115-16  achievement; inclusion of reports and procedure in final budget;

115-17  maintenance of information by Department.

115-18      385.356  Maintenance of records by Department.

115-19      385.363  Annual evaluation and designation of schools by

115-20  Department; conditions under which Department will not make

115-21  designation.

115-22      385.364  Exemption from designation if insufficient number

115-23  of pupils take examinations; duty of school district.

115-24      385.365  Designations: Demonstrating exemplary, high or

115-25  adequate achievement.

115-26      385.367  Designations: Demonstrating need for

115-27  improvement; ineligibility for certain money for remedial

115-28  programs under certain circumstances.

115-29      385.368  Designations: Demonstrating need for

115-30  improvement if school is exempt from initial designation;

115-31  ineligibility for certain money for remedial programs under

115-32  certain circumstances.

115-33      385.369  Written notice of designations given and reasons

115-34  for nondesignation.

115-35      385.371  Designation as demonstrating need for

115-36  improvement: Preparation and submission of plan by board of

115-37  trustees.

115-38      385.373  Designation as demonstrating need for

115-39  improvement: Academic probation; preparation and

115-40  submission of plan by Department.

116-1      385.375  Designation as demonstrating need for

116-2  improvement: Continuation of academic probation; preparation

116-3  and submission of plan by Department; submission of reports

116-4  by trustees.

116-5      385.378  Designation as demonstrating need for

116-6  improvement: Appointment of panel to supervise academic

116-7  probation of school; waiver from establishment of panel.

116-8      385.381  Powers and duties of panel to supervise academic

116-9  probation; preparation and submission of written report by

116-10  panel; written response by school district; follow-up report by

116-11  board of trustees; duties of Department.

116-12      385.383  Additional duties of panel to supervise academic

116-13  probation if school does not improve achievement.

116-14      385.386  Appointment of administrator to oversee school

116-15  demonstrating need for improvement; powers and duties of

116-16  administrator; reports by trustees after termination of

116-17  administrator.

 

116-18      Section 38 of chapter 13, Statutes of Nevada 2001 Special

116-19  Session:

116-20      Sec. 38.  Commencing in the 2003-2004 school year, the

116-21  high school proficiency examination that, pursuant to NRS

116-22  389.015, pupils must pass to receive a standard high school

116-23  diploma must measure the performance of pupils on the

116-24  standards of content and performance in science established

116-25  by the council to establish academic standards for public

116-26  schools pursuant to NRS 389.520 and adopted by the state

116-27  board of education. The high school proficiency examination

116-28  that measures the performance of pupils in the standards of

116-29  content and performance in science established by the council

116-30  to establish academic standards for public schools must first

116-31  be administered to pupils enrolled in grade 11 in the 2003-

116-32  2004 school year, who must pass the examination before the

116-33  completion of grade 12 to graduate with a standard high

116-34  school diploma in the 2004-2005 school year. Pupils who

116-35  graduate in the 2003-2004 school year are not required to

116-36  pass the examination that measures the performance of pupils

116-37  on the standards in science established by the council to

116-38  establish academic standards for public schools, but must

116-39  pass the examination that is administered to pupils in the

116-40  immediately preceding school year.

117-1      Section 39 of chapter 13, Statutes of Nevada 2001 Special

117-2  Session:

117-3      Sec. 39.  Notwithstanding the provisions of NRS

117-4  389.015 to the contrary, the board of trustees of a school

117-5  district and the governing body of a charter school shall, for

117-6  the 2002-2003 school year, administer the norm-referenced

117-7  examinations on reading, mathematics and science that are

117-8  otherwise required to be administered to pupils who are

117-9  enrolled in grade 8 to pupils who are enrolled in grade 7,

117-10  rather than to pupils who are enrolled in grade 8. In addition,

117-11  the results of the examinations administered to pupils enrolled

117-12  in grade 7 must be reported as the results of the examinations

117-13  are otherwise reported pursuant to NRS 385.347 and 389.017.

 

117-14  H