Assembly Bill No. 243–Committee on Education
(On Behalf of School Boards Association)
February 15, 1999
____________
Referred to Committee on Education
SUMMARY—Makes various changes to program of accountability for public schools. (BDR 34-473)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 385.347 is hereby amended to read as follows: 385.347 1. The board of trustees of each school district in this state,1-3
in cooperation with associations recognized by the state board as1-4
representing licensed personnel in education in the district, shall adopt a1-5
program providing for the accountability of the school district to the1-6
residents of the district and to the state board for the quality of the schools1-7
and the educational achievement of the pupils in the district, including,1-8
without limitation, pupils enrolled in charter schools in the school district.1-9
2. The board of trustees of each school district shall, on or before1-10
March 31 of each year, report to the residents of the district concerning:1-11
(a) The educational goals and objectives of the school district.1-12
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the1-13
district and the district as a whole, including, without limitation, each1-14
charter school in the district.1-15
Unless otherwise directed by the department, the board of trustees of the1-16
district shall base its report on the results of the examinations administered1-17
pursuant to NRS 389.015 and shall compare the results of those1-18
examinations for the current school year with those of previous school2-1
years. The report must include, for each school in the district, including,2-2
without limitation, each charter school in the district, and each grade in2-3
which the examinations were administered:2-4
(1) The number of pupils who took the examinations;2-5
(2) An explanation of instances in which a school was exempt from2-6
administering or a pupil was exempt from taking an examination; and2-7
(3) A record of attendance for the period in which the examinations2-8
were administered, including an explanation of any difference in the2-9
number of pupils who took the examinations and the number of pupils in2-10
attendance in that period.2-11
In addition, the board shall also report the results of other examinations of2-12
pupil achievement administered to pupils in the school district in grades2-13
other than 4, 8, 10 and 11. The results of these examinations for the current2-14
school year must be compared with those of previous school years.2-15
(c) The ratio of pupils to teachers in kindergarten and at each grade2-16
level for each elementary school in the district and the district as a whole,2-17
including, without limitation, each charter school in the district, the2-18
average class size for each required course of study for each secondary2-19
school in the district and the district as a whole, including, without2-20
limitation, each charter school in the district, and other data concerning2-21
licensed and unlicensed employees of the school district.2-22
(d) A comparison of the types of classes that each teacher has been2-23
assigned to teach with the qualifications and licensure of the teacher, for2-24
each school in the district and the district as a whole, including, without2-25
limitation, each charter school in the district.2-26
(e) The total expenditure per pupil for each school in the district and the2-27
district as a whole, including, without limitation, each charter school in the2-28
district.2-29
(f) The curriculum used by the school district, including:2-30
(1) Any special programs for pupils at an individual school; and2-31
(2) The curriculum used by each charter school in the district.2-32
(g) The annual rate of the attendance and truancy of pupils in all grades,2-33
including, without limitation, the average daily attendance of pupils, for2-34
each school in the district and the district as a whole, including, without2-35
limitation, each charter school in the district.2-36
(h) The annual rate of pupils who drop out of school in grades 9 to 12,2-37
inclusive, for each such grade, for each school in the district and for the2-38
district as a whole.2-39
(i) Records of attendance of teachers who provide instruction, for each2-40
school in the district and the district as a whole, including, without2-41
limitation, each charter school in the district.3-1
(j) Efforts made by the school district and by each school in the district,3-2
including, without limitation, each charter school in the district, to3-3
increase:3-4
(1) Communication with the parents of pupils in the district; and3-5
(2) The participation of parents in the educational process and3-6
activities relating to the school district and each school, including, without3-7
limitation, the existence of parent organizations and school advisory3-8
committees.3-9
(k) Records of incidents involving weapons or violence for each school3-10
in the district, including, without limitation, each charter school in the3-11
district.3-12
(l) Records of incidents involving the use or possession of alcoholic3-13
beverages or controlled substances for each school in the district,3-14
including, without limitation, each charter school in the district.3-15
(m) Records of the suspension and expulsion of pupils required or3-16
authorized pursuant to NRS 392.466 and 392.467.3-17
(n) The transiency rate of pupils for each school in the district and the3-18
district as a whole, including, without limitation, each charter school in the3-19
district. For the purposes of this paragraph, a pupil is not transient if he3-20
is transferred to a different school within the school district as a result of3-21
a change in the zone of attendance by the board of trustees of the school3-22
district pursuant to NRS 388.040.3-23
(o) Each source of funding for the school district.3-24
(p) For each high school in the district, including, without limitation,3-25
each charter school in the district, the percentage of pupils who graduated3-26
from that high school or charter school in the immediately preceding year3-27
and enrolled in remedial courses in reading, writing or mathematics at a3-28
university or community college within the University and Community3-29
College System of Nevada.3-30
(q) The technological facilities and equipment available at each school,3-31
including, without limitation, each charter school, and the district’s plan to3-32
incorporate educational technology at each school.3-33
(r) Such other information as is directed by the superintendent of public3-34
instruction.3-35
3. The records of attendance maintained by a school for purposes of3-36
paragraph (i) of subsection 2 must include the number of teachers who3-37
are in attendance at school and the number of teachers who are absent3-38
from school. A teacher shall be deemed in attendance if the teacher is3-39
excused from being present in the classroom by the school in which he is3-40
employed for one of the following reasons:3-41
(a) Illness;3-42
(b) Acquisition of knowledge or skills relating to the professional3-43
development of the teacher; or4-1
(c) Assignment of the teacher to perform duties for cocurricular or4-2
extracurricular activities of pupils.5-1
4. The superintendent of public instruction shall:5-2
(a) Prescribe forms for the reports required pursuant to subsection 2 and5-3
provide the forms to the respective school districts.5-4
(b) Provide statistical information and technical assistance to the school5-5
districts to ensure that the reports provide comparable information with5-6
respect to each school in each district and among the districts.5-7
(c) Consult with a representative of the:5-8
(1) Nevada State Education Association;5-9
(2) Nevada Association of School Boards;5-10
(3) Nevada Association of School Administrators;5-11
(4) Nevada Parent Teachers Association;5-12
(5) Budget division of the department of administration; and5-13
(6) Legislative counsel bureau,5-14
concerning the program and consider any advice or recommendations5-15
submitted by the representatives with respect to the program.5-16
5-17
school district shall submit to the advisory board to review school5-18
attendance created in the county pursuant to NRS 392.126 the information5-19
required in paragraph (g) of subsection 2.5-20
Sec. 2. NRS 385.363 is hereby amended to read as follows: 385.363 The department shall, on or before December 15 of each year:5-22
1. Evaluate the information submitted by each school district pursuant5-23
to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and5-24
2. Based upon its evaluation and in accordance with the criteria set5-25
forth in NRS 385.365 and 385.367, designate each public school within5-26
each school district as:5-27
(a) Demonstrating exemplary achievement;5-28
(b) Demonstrating high achievement;5-29
5-30
5-31
Sec. 3. NRS 385.365 is hereby amended to read as follows: 385.365 1. The department shall designate a public school as5-33
demonstrating5-34
(a) The number of pupils who took the examinations administered5-35
pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who5-36
were required to take the examinations and were not exempt pursuant to5-37
the regulations of the department;5-38
(b) At least 50 percent of the pupils enrolled in that school who took the5-39
examinations administered pursuant to NRS 389.015 received an average5-40
score on those examinations that is at least equal to the5-41
percentile of the national reference group of pupils to which the5-42
examinations were compared; and6-1
(c) The average daily attendance of pupils who are enrolled in the6-2
school and the teachers who provide instruction at the school is6-3
6-4
2. The department shall designate a public school as demonstrating6-5
high achievement if:6-6
(a) The number of pupils who took the examinations administered6-7
pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who6-8
were required to take the examinations and were not exempt pursuant to6-9
the regulations of the department;6-10
(b) At least 40 percent of the pupils enrolled in that school who took6-11
the examinations administered pursuant to NRS 389.015 received an6-12
average score on those examinations that is at least equal to the 76th6-13
percentile of the national reference group of pupils to which the6-14
examinations were compared; and6-15
(c) The average daily attendance of pupils who are enrolled in the6-16
school and the teachers who provide instruction at the school is at least6-17
95 percent.6-18
3. The department shall designate a public school as demonstrating6-19
adequate achievement if:6-20
(a) The number of pupils who took the examinations administered6-21
pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who6-22
were required to take the examinations and were not exempt pursuant to6-23
the regulations of the department;6-24
(b) At least 60 percent of the pupils enrolled in that school who took the6-25
examinations administered pursuant to NRS 389.015 received an average6-26
score on those examinations that is at least equal to the 26th percentile of6-27
the national reference group of pupils to which the examinations were6-28
compared; and6-29
(c) The average daily attendance of pupils who are enrolled in the6-30
school and the teachers who provide instruction at the school is6-31
6-32
4. For the purposes of this section, the average daily attendance of6-33
teachers must be calculated as the number of teachers who are in6-34
attendance according to the records of the school maintained pursuant to6-35
subsection 3 of NRS 385.347.6-36
Sec. 4. NRS 385.367 is hereby amended to read as follows: 385.367 1. The department shall designate a public school as6-38
demonstrating inadequate achievement if:6-39
6-40
took the examinations administered pursuant to NRS 389.015 received an6-41
average score on those examinations that is at least equal to the 26th6-42
percentile of the national reference group of pupils to which the6-43
examinations were compared; or7-1
7-2
school and the teachers who provide instruction at the school is less than7-3
90 percent for 3 or more consecutive years based upon the yearly profile of7-4
information for the school maintained by the department pursuant to7-5
subsection 4 of NRS 385.351.7-6
2. For the purposes of this section, the average daily attendance of7-7
teachers must be calculated as the number of teachers who are in7-8
attendance according to the records of the school maintained pursuant to7-9
subsection 3 of NRS 385.347.7-10
Sec. 5. NRS 385.375 is hereby amended to read as follows: 385.375 If the department designates a school as demonstrating7-12
inadequate achievement pursuant to NRS 385.367 for 3 or more7-13
consecutive years:7-14
1. The department shall:7-15
(a) Continue the academic probation of the school;7-16
(b) Prepare for that school a plan to improve the achievement of the7-17
school’s pupils as measured by the examinations required pursuant to NRS7-18
389.015; and7-19
(c) Submit the plan to the:7-20
(1) Board of trustees of the school district in which the school is7-21
located;7-22
(2) Governor;7-23
(3) State board;7-24
(4) Committee; and7-25
(5) Bureau.7-26
A plan prepared and submitted by the department pursuant to this7-27
subsection must contain specific information about the school, including,7-28
but not limited to, information concerning the administrative operation of7-29
the school, the curriculum of the school and the financial and other7-30
resources of the school.7-31
2. The board of trustees of the school district in which the school is7-32
located shall, until such time as the school is designated as demonstrating7-33
exemplary achievement, high achievement or adequate achievement7-34
pursuant to NRS 385.365, make at least four reports per year to the7-35
department, the committee and the governor concerning the progress of the7-36
school in carrying out the plan prepared pursuant to subsection 1.7-37
Sec. 6. NRS 385.378 is hereby amended to read as follows: 385.378 1. Except as otherwise provided in subsection 3, in addition7-39
to the requirements set forth in NRS 385.373 and 385.375, if a school7-40
receives two or more consecutive designations as demonstrating7-41
inadequate achievement, the department shall, on or before January 15,7-42
establish a8-1
panel to supervise the academic probation of the school. A panel8-2
established pursuant to this section consists of8-3
appointed by the superintendent of public instruction as follows:8-4
(a) Two instructors or professors who provide instruction within the8-5
University and Community College System of Nevada;8-6
(b) Two representatives of the private sector;8-7
(c) Two parents or legal guardians of pupils who are enrolled in the8-8
school; and8-9
(d)8-10
public schools within this state. Two of the persons appointed pursuant to8-11
this paragraph must be classroom teachers who provide instruction at8-12
schools that are not located within the same school district as the school8-13
which is the subject of the evaluation. One person appointed pursuant to8-14
this paragraph must be an administrator at a school that is not located8-15
within the same school district as the school which is the subject of8-16
evaluation. One person appointed pursuant to this paragraph must be a8-17
teacher who provides instruction in a classroom at the school which is8-18
the subject of the evaluation.8-19
2. For each day or portion of a day during which a member of the8-20
panel attends a meeting of the panel or is otherwise engaged in the work of8-21
the panel, he is entitled to receive the per diem allowance and travel8-22
expenses provided for state officers and employees generally. The school8-23
district in which the school on academic probation is located shall pay the8-24
allowances and expenses authorized pursuant to this subsection.8-25
3. If a school receives two or more consecutive designations as8-26
demonstrating inadequate achievement, the school may submit to the8-27
department a request for a waiver of the requirement for the establishment8-28
of a panel to supervise the academic probation of the school. The8-29
department may grant such a waiver if the yearly profile of information for8-30
the school maintained by the department pursuant to subsection 4 of NRS8-31
385.351 demonstrates to the satisfaction of the department that the school8-32
has significantly improved in each of the immediately preceding 3 years8-33
covered by the profile.8-34
4. If the department grants a waiver pursuant to subsection 3, it shall,8-35
on or before February 15 of each year, prepare a list that contains the name8-36
of each school for which the department has granted a waiver and the8-37
justification of the department for granting the waiver. The department8-38
shall submit the list to the:8-39
(a) Governor;8-40
(b) State board;8-41
(c) Committee; and8-42
(d) Bureau.9-1
Sec. 7. NRS 385.381 is hereby amended to read as follows: 385.381 1. A panel established pursuant to NRS 385.378 shall:9-3
(a) Review the most recent plan prepared by the department for the9-4
school pursuant to NRS 385.373 or 385.375 or the plan prepared by the9-5
board of trustees of the school district pursuant to NRS 385.371;9-6
(b) Identify and investigate the problems and factors at the school that9-7
contributed to the designation of the school as demonstrating inadequate9-8
achievement;9-9
(c) Hold a public meeting to discuss the actions that the school will9-10
need to take to warrant receiving a designation of demonstrating9-11
exemplary achievement, high achievement or adequate achievement;9-12
(d) On or before April 1, prepare a written report that includes an9-13
analysis of the problems and factors at the school which contributed to the9-14
designation of the school as demonstrating inadequate achievement,9-15
including, but not limited to, issues relating to:9-16
(1) The financial resources of the school;9-17
(2) The administrative and educational personnel of the school;9-18
(3) The curriculum of the school;9-19
(4) The facilities available at the school, including the availability9-20
and accessibility of educational technology; and9-21
(5) Any other factors that the panel believes contributed to the9-22
designation of the school as demonstrating inadequate achievement;9-23
(e) Submit a copy of the written report to the:9-24
(1) Principal of the school;9-25
(2) Board of trustees of the school district in which the school is9-26
located;9-27
(3) Superintendent of schools of the school district in which the9-28
school is located;9-29
(4) Superintendent of public instruction;9-30
(5) Governor;9-31
(6) State board;9-32
(7) Department;9-33
(8) Committee; and9-34
(9) Bureau;9-35
(f) Make the written report available, upon request, to each parent or9-36
legal guardian of a pupil who is enrolled in the school; and9-37
(g) In accordance with its findings pursuant to this subsection, adopt9-38
revisions to the most recent plan prepared by the department for the school9-39
pursuant to NRS 385.373 or 385.375.9-40
2. The department shall, not more than 1 month after receiving the9-41
written report submitted by the panel:10-1
(a) Amend the most recent plan prepared by the department for the10-2
school pursuant to NRS 385.373 or 385.375. In amending the plan, the10-3
department shall incorporate the revisions adopted by the panel pursuant to10-4
paragraph (g) of subsection 1.10-5
(b) Submit to the panel a copy of an amended plan for the school which10-6
demonstrates to the satisfaction of the panel that the department10-7
incorporated the revisions adopted by the panel pursuant to paragraph (g)10-8
of subsection 1.10-9
3. The department shall submit to the panel a copy of the designation10-10
that it gives to the school pursuant to NRS 385.363 for the school year10-11
immediately succeeding the establishment of the panel. If the school does10-12
not earn a designation as demonstrating exemplary achievement, high10-13
achievement or adequate achievement for the school year immediately10-14
succeeding the establishment of the panel, the panel shall take such action10-15
pursuant to subsection 1 and NRS 385.383 as it deems necessary to ensure10-16
that the school takes action to improve its designation.10-17
Sec. 8. NRS 385.383 is hereby amended to read as follows: 385.383 If a panel established pursuant to NRS 385.378 determines10-19
that a school has not earned a designation as demonstrating exemplary10-20
achievement, high achievement or adequate achievement for the school10-21
year immediately succeeding the establishment of the panel, the panel10-22
shall:10-23
1. Hold an additional public meeting to discuss the actions which must10-24
be taken to improve the achievement of pupils at the school.10-25
2. On or before April 1, determine whether the superintendent of10-26
public instruction shall appoint an administrator to oversee the operation of10-27
the school pursuant to NRS 385.386.10-28
Sec. 9. NRS 385.386 is hereby amended to read as follows: 385.386 1. If a panel established pursuant to NRS 385.37810-30
determines that an administrator must be appointed to oversee the10-31
operation of a school, the superintendent of public instruction shall, on or10-32
before May 1, appoint a licensed administrator to do so. The administrator10-33
must:10-34
(a) Possess knowledge and experience concerning the administration of10-35
public schools.10-36
(b) Be appointed from a list of three qualified persons submitted to the10-37
superintendent of public instruction by the panel.10-38
2. An administrator appointed pursuant to this section:10-39
(a) Shall:10-40
(1) Establish and carry out a policy for the management of the school10-41
to ensure that the plan prepared by the department pursuant to NRS10-42
385.375 and revised by the panel pursuant to NRS 385.381 is followed.11-1
This subparagraph does not prohibit the administrator from recommending11-2
changes to the plan.11-3
(2) On a quarterly basis, make reports to the department, the11-4
governor and the committee regarding the progress of the school toward11-5
earning a designation of demonstrating exemplary achievement, high11-6
achievement or adequate achievement pursuant to NRS 385.365.11-7
(b) May take any action not prohibited by law to ensure that the11-8
performance of the pupils of the school on the examinations administered11-9
pursuant to NRS 389.015 improves to such a level that the school is11-10
designated as demonstrating exemplary achievement, high achievement or11-11
adequate achievement pursuant to NRS 385.365.11-12
(c) Serves at the pleasure of the superintendent of public instruction and11-13
is entitled to receive such compensation as may be set by the11-14
superintendent.11-15
3. A school district that contains a school for which an administrator is11-16
appointed pursuant to this section shall reimburse the department for any11-17
expenses incurred by the department pursuant to subsection 2.11-18
4. If a school for which an administrator is appointed pursuant to this11-19
section receives a designation of demonstrating exemplary achievement,11-20
high achievement or adequate achievement pursuant to NRS 385.365, the11-21
superintendent of public instruction shall terminate the oversight of the11-22
school by the administrator. After the superintendent terminates the11-23
oversight of the school, the board of trustees of the school district in which11-24
the school is located shall, on a quarterly basis and until such time as the11-25
school receives two consecutive designations of demonstrating exemplary11-26
achievement, high achievement or adequate achievement pursuant to NRS11-27
385.365, make reports to the department, the committee and the governor11-28
regarding actions taken at the school to maintain that designation.11-29
Sec. 10. NRS 385.391 is hereby amended to read as follows: 385.391 The department shall adopt:11-31
1. Regulations to provide for the recognition of schools that receive a11-32
designation as demonstrating exemplary achievement or high achievement11-33
pursuant to11-34
2. Regulations which prescribe the factors that the department will11-35
consider in determining whether to grant a waiver from the establishment11-36
of a panel to supervise the academic probation of a school pursuant to NRS11-37
385.378, including, without limitation, criteria for determining whether a11-38
school has significantly improved; and11-39
3. Such regulations as it deems necessary to carry out the provisions of11-40
this section and NRS 385.3455 to 385.386, inclusive, including, without11-41
limitation, uniform standards for the type and format of data that must be11-42
submitted by the school districts and the time by which such data must be11-43
submitted.12-1
Sec. 11. NRS 392.128 is hereby amended to read as follows: 392.128 1. Each advisory board to review school attendance created12-3
pursuant to NRS 392.126 shall:12-4
(a) Review the records of the rate of attendance and truancy of pupils12-5
submitted to the advisory board to review school attendance by the board12-6
of trustees of the school district pursuant to subsection12-7
385.347;12-8
(b) Identify factors that contribute to the rate of truancy of pupils in the12-9
school district;12-10
(c) Establish programs to reduce the rate of truancy of pupils in the12-11
school district;12-12
(d) At least annually, evaluate the effectiveness of those programs;12-13
(e) Establish a procedure for schools and school districts for the12-14
reporting of the status of pupils as habitual truants and the issuance of12-15
citations pursuant to NRS 392.142; and12-16
(f) Inform the parents and legal guardians of the pupils who are enrolled12-17
in the schools within the district of the policies and procedures adopted12-18
pursuant to the provisions of this section.12-19
2. An advisory board to review school attendance created in a county12-20
pursuant to NRS 392.126 may use money appropriated by the legislature12-21
and any other money made available to the advisory board for the use of12-22
programs to reduce the truancy of pupils in the school district. The12-23
advisory board to review school attendance shall, on a quarterly basis,12-24
provide to the board of trustees of the school district an accounting of the12-25
money used by the advisory board to review school attendance to reduce12-26
the rate of truancy of pupils in the school district.12-27
Sec. 12. This act becomes effective on July 1, 1999.~