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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public schools; making various changes to the program of accountability for public schools; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 385.347 is hereby amended to read as follows:

1-2 385.347 1. The board of trustees of each school district in this state,

1-3 in cooperation with associations recognized by the state board as

1-4 representing licensed personnel in education in the district, shall adopt a

1-5 program providing for the accountability of the school district to the

1-6 residents of the district and to the state board for the quality of the schools

1-7 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 before

1-10 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 the

1-13 district and the district as a whole, including, without limitation, each

1-14 charter school in the district.

1-15 Unless otherwise directed by the department, the board of trustees of the

1-16 district shall base its report on the results of the examinations administered

1-17 pursuant to NRS 389.015 and shall compare the results of those

1-18 examinations for the current school year with those of previous school

2-1 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 in

2-3 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 from

2-6 administering or a pupil was exempt from taking an examination; and

2-7 (3) A record of attendance for the period in which the examinations

2-8 were administered, including an explanation of any difference in the

2-9 number of pupils who took the examinations and the number of pupils in

2-10 attendance in that period.

2-11 In addition, the board shall also report the results of other examinations of

2-12 pupil achievement administered to pupils in the school district in grades

2-13 other than 4, 8, 10 and 11. The results of these examinations for the current

2-14 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 grade

2-16 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, the

2-18 average class size for each required course of study for each secondary

2-19 school in the district and the district as a whole, including, without

2-20 limitation, each charter school in the district, and other data concerning

2-21 licensed and unlicensed employees of the school district.

2-22 (d) A comparison of the types of classes that each teacher has been

2-23 assigned to teach with the qualifications and licensure of the teacher, for

2-24 each school in the district and the district as a whole, including, without

2-25 limitation, each charter school in the district.

2-26 (e) The total expenditure per pupil for each school in the district and the

2-27 district as a whole, including, without limitation, each charter school in the

2-28 district.

2-29 (f) The curriculum used by the school district, including:

2-30 (1) Any special programs for pupils at an individual school; and

2-31 (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, for

2-34 each school in the district and the district as a whole, including, without

2-35 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 the

2-38 district as a whole.

2-39 (i) Records of attendance of teachers who provide instruction, for each

2-40 school in the district and the district as a whole, including, without

2-41 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, to

3-3 increase:

3-4 (1) Communication with the parents of pupils in the district; and

3-5 (2) The participation of parents in the educational process and

3-6 activities relating to the school district and each school, including, without

3-7 limitation, the existence of parent organizations and school advisory

3-8 committees.

3-9 (k) Records of incidents involving weapons or violence for each school

3-10 in the district, including, without limitation, each charter school in the

3-11 district.

3-12 (l) Records of incidents involving the use or possession of alcoholic

3-13 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 or

3-16 authorized pursuant to NRS 392.466 and 392.467.

3-17 (n) The transiency rate of pupils for each school in the district and the

3-18 district as a whole, including, without limitation, each charter school in the

3-19 district. For the purposes of this paragraph, a pupil is not transient if he

3-20 is transferred to a different school within the school district as a result of

3-21 a change in the zone of attendance by the board of trustees of the school

3-22 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 graduated

3-26 from that high school or charter school in the immediately preceding year

3-27 and enrolled in remedial courses in reading, writing or mathematics at a

3-28 university or community college within the University and Community

3-29 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 to

3-32 incorporate educational technology at each school.

3-33 (r) Such other information as is directed by the superintendent of public

3-34 instruction.

3-35 3. The records of attendance maintained by a school for purposes of

3-36 paragraph (i) of subsection 2 must include the number of teachers who

3-37 are in attendance at school and the number of teachers who are absent

3-38 from school. A teacher shall be deemed in attendance if the teacher is

3-39 excused from being present in the classroom by the school in which he is

3-40 employed for one of the following reasons:

3-41 (a) Illness;

3-42 (b) Acquisition of knowledge or skills relating to the professional

3-43 development of the teacher; or

4-1 (c) Assignment of the teacher to perform duties for cocurricular or

4-2 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 and

5-3 provide the forms to the respective school districts.

5-4 (b) Provide statistical information and technical assistance to the school

5-5 districts to ensure that the reports provide comparable information with

5-6 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; and

5-13 (6) Legislative counsel bureau,

5-14 concerning the program and consider any advice or recommendations

5-15 submitted by the representatives with respect to the program.

5-16 [4.] 5. On or before April 15 of each year, the board of trustees of each

5-17 school district shall submit to the advisory board to review school

5-18 attendance created in the county pursuant to NRS 392.126 the information

5-19 required in paragraph (g) of subsection 2.

5-20 Sec. 2. NRS 385.363 is hereby amended to read as follows:

5-21 385.363 The department shall, on or before December 15 of each year:

5-22 1. Evaluate the information submitted by each school district pursuant

5-23 to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and

5-24 2. Based upon its evaluation and in accordance with the criteria set

5-25 forth in NRS 385.365 and 385.367, designate each public school within

5-26 each school district as:

5-27 (a) Demonstrating exemplary achievement;

5-28 (b) Demonstrating high achievement;

5-29 [(b)] (c) Demonstrating adequate achievement; or

5-30 [(c)] (d) Demonstrating inadequate achievement.

5-31 Sec. 3. NRS 385.365 is hereby amended to read as follows:

5-32 385.365 1. The department shall designate a public school as

5-33 demonstrating [high] exemplary achievement if:

5-34 (a) The number of pupils who took the examinations administered

5-35 pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who

5-36 were required to take the examinations and were not exempt pursuant to

5-37 the regulations of the department;

5-38 (b) At least 50 percent of the pupils enrolled in that school who took the

5-39 examinations administered pursuant to NRS 389.015 received an average

5-40 score on those examinations that is at least equal to the [75th] 76th

5-41 percentile of the national reference group of pupils to which the

5-42 examinations were compared; and

6-1 (c) The average daily attendance of pupils who are enrolled in the

6-2 school and the teachers who provide instruction at the school is [more

6-3 than] at least 95 percent.

6-4 2. The department shall designate a public school as demonstrating

6-5 high achievement if:

6-6 (a) The number of pupils who took the examinations administered

6-7 pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who

6-8 were required to take the examinations and were not exempt pursuant to

6-9 the regulations of the department;

6-10 (b) At least 40 percent of the pupils enrolled in that school who took

6-11 the examinations administered pursuant to NRS 389.015 received an

6-12 average score on those examinations that is at least equal to the 76th

6-13 percentile of the national reference group of pupils to which the

6-14 examinations were compared; and

6-15 (c) The average daily attendance of pupils who are enrolled in the

6-16 school and the teachers who provide instruction at the school is at least

6-17 95 percent.

6-18 3. The department shall designate a public school as demonstrating

6-19 adequate achievement if:

6-20 (a) The number of pupils who took the examinations administered

6-21 pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who

6-22 were required to take the examinations and were not exempt pursuant to

6-23 the regulations of the department;

6-24 (b) At least 60 percent of the pupils enrolled in that school who took the

6-25 examinations administered pursuant to NRS 389.015 received an average

6-26 score on those examinations that is at least equal to the 26th percentile of

6-27 the national reference group of pupils to which the examinations were

6-28 compared; and

6-29 (c) The average daily attendance of pupils who are enrolled in the

6-30 school and the teachers who provide instruction at the school is [more

6-31 than] at least 90 percent.

6-32 4. For the purposes of this section, the average daily attendance of

6-33 teachers must be calculated as the number of teachers who are in

6-34 attendance according to the records of the school maintained pursuant to

6-35 subsection 3 of NRS 385.347.

6-36 Sec. 4. NRS 385.367 is hereby amended to read as follows:

6-37 385.367 1. The department shall designate a public school as

6-38 demonstrating inadequate achievement if:

6-39 [1.] (a) Less than 60 percent of the pupils enrolled in that school who

6-40 took the examinations administered pursuant to NRS 389.015 received an

6-41 average score on those examinations that is at least equal to the 26th

6-42 percentile of the national reference group of pupils to which the

6-43 examinations were compared; or

7-1 [2.] (b) The average daily attendance of pupils who are enrolled in the

7-2 school and the teachers who provide instruction at the school is less than

7-3 90 percent for 3 or more consecutive years based upon the yearly profile of

7-4 information for the school maintained by the department pursuant to

7-5 subsection 4 of NRS 385.351.

7-6 2. For the purposes of this section, the average daily attendance of

7-7 teachers must be calculated as the number of teachers who are in

7-8 attendance according to the records of the school maintained pursuant to

7-9 subsection 3 of NRS 385.347.

7-10 Sec. 5. NRS 385.375 is hereby amended to read as follows:

7-11 385.375 If the department designates a school as demonstrating

7-12 inadequate achievement pursuant to NRS 385.367 for 3 or more

7-13 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 the

7-17 school’s pupils as measured by the examinations required pursuant to NRS

7-18 389.015; and

7-19 (c) Submit the plan to the:

7-20 (1) Board of trustees of the school district in which the school is

7-21 located;

7-22 (2) Governor;

7-23 (3) State board;

7-24 (4) Committee; and

7-25 (5) Bureau.

7-26 A plan prepared and submitted by the department pursuant to this

7-27 subsection must contain specific information about the school, including,

7-28 but not limited to, information concerning the administrative operation of

7-29 the school, the curriculum of the school and the financial and other

7-30 resources of the school.

7-31 2. The board of trustees of the school district in which the school is

7-32 located shall, until such time as the school is designated as demonstrating

7-33 exemplary achievement, high achievement or adequate achievement

7-34 pursuant to NRS 385.365, make at least four reports per year to the

7-35 department, the committee and the governor concerning the progress of the

7-36 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:

7-38 385.378 1. Except as otherwise provided in subsection 3, in addition

7-39 to the requirements set forth in NRS 385.373 and 385.375, if a school

7-40 receives two or more consecutive designations as demonstrating

7-41 inadequate achievement, the department shall, on or before January 15,

7-42 establish a

8-1 panel to supervise the academic probation of the school. A panel

8-2 established pursuant to this section consists of [nine] 11 members

8-3 appointed by the superintendent of public instruction as follows:

8-4 (a) Two instructors or professors who provide instruction within the

8-5 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 the

8-8 school; and

8-9 (d) [Three] Five persons who are licensed educational personnel at

8-10 public schools within this state. Two of the persons appointed pursuant to

8-11 this paragraph must be classroom teachers who provide instruction at

8-12 schools that are not located within the same school district as the school

8-13 which is the subject of the evaluation. One person appointed pursuant to

8-14 this paragraph must be an administrator at a school that is not located

8-15 within the same school district as the school which is the subject of

8-16 evaluation. One person appointed pursuant to this paragraph must be a

8-17 teacher who provides instruction in a classroom at the school which is

8-18 the subject of the evaluation.

8-19 2. For each day or portion of a day during which a member of the

8-20 panel attends a meeting of the panel or is otherwise engaged in the work of

8-21 the panel, he is entitled to receive the per diem allowance and travel

8-22 expenses provided for state officers and employees generally. The school

8-23 district in which the school on academic probation is located shall pay the

8-24 allowances and expenses authorized pursuant to this subsection.

8-25 3. If a school receives two or more consecutive designations as

8-26 demonstrating inadequate achievement, the school may submit to the

8-27 department a request for a waiver of the requirement for the establishment

8-28 of a panel to supervise the academic probation of the school. The

8-29 department may grant such a waiver if the yearly profile of information for

8-30 the school maintained by the department pursuant to subsection 4 of NRS

8-31 385.351 demonstrates to the satisfaction of the department that the school

8-32 has significantly improved in each of the immediately preceding 3 years

8-33 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 name

8-36 of each school for which the department has granted a waiver and the

8-37 justification of the department for granting the waiver. The department

8-38 shall submit the list to the:

8-39 (a) Governor;

8-40 (b) State board;

8-41 (c) Committee; and

8-42 (d) Bureau.

9-1 Sec. 7. NRS 385.381 is hereby amended to read as follows:

9-2 385.381 1. A panel established pursuant to NRS 385.378 shall:

9-3 (a) Review the most recent plan prepared by the department for the

9-4 school pursuant to NRS 385.373 or 385.375 or the plan prepared by the

9-5 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 that

9-7 contributed to the designation of the school as demonstrating inadequate

9-8 achievement;

9-9 (c) Hold a public meeting to discuss the actions that the school will

9-10 need to take to warrant receiving a designation of demonstrating

9-11 exemplary achievement, high achievement or adequate achievement;

9-12 (d) On or before April 1, prepare a written report that includes an

9-13 analysis of the problems and factors at the school which contributed to the

9-14 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 availability

9-20 and accessibility of educational technology; and

9-21 (5) Any other factors that the panel believes contributed to the

9-22 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 is

9-26 located;

9-27 (3) Superintendent of schools of the school district in which the

9-28 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; and

9-34 (9) Bureau;

9-35 (f) Make the written report available, upon request, to each parent or

9-36 legal guardian of a pupil who is enrolled in the school; and

9-37 (g) In accordance with its findings pursuant to this subsection, adopt

9-38 revisions to the most recent plan prepared by the department for the school

9-39 pursuant to NRS 385.373 or 385.375.

9-40 2. The department shall, not more than 1 month after receiving the

9-41 written report submitted by the panel:

10-1 (a) Amend the most recent plan prepared by the department for the

10-2 school pursuant to NRS 385.373 or 385.375. In amending the plan, the

10-3 department shall incorporate the revisions adopted by the panel pursuant to

10-4 paragraph (g) of subsection 1.

10-5 (b) Submit to the panel a copy of an amended plan for the school which

10-6 demonstrates to the satisfaction of the panel that the department

10-7 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 designation

10-10 that it gives to the school pursuant to NRS 385.363 for the school year

10-11 immediately succeeding the establishment of the panel. If the school does

10-12 not earn a designation as demonstrating exemplary achievement, high

10-13 achievement or adequate achievement for the school year immediately

10-14 succeeding the establishment of the panel, the panel shall take such action

10-15 pursuant to subsection 1 and NRS 385.383 as it deems necessary to ensure

10-16 that the school takes action to improve its designation.

10-17 Sec. 8. NRS 385.383 is hereby amended to read as follows:

10-18 385.383 If a panel established pursuant to NRS 385.378 determines

10-19 that a school has not earned a designation as demonstrating exemplary

10-20 achievement, high achievement or adequate achievement for the school

10-21 year immediately succeeding the establishment of the panel, the panel

10-22 shall:

10-23 1. Hold an additional public meeting to discuss the actions which must

10-24 be taken to improve the achievement of pupils at the school.

10-25 2. On or before April 1, determine whether the superintendent of

10-26 public instruction shall appoint an administrator to oversee the operation of

10-27 the school pursuant to NRS 385.386.

10-28 Sec. 9. NRS 385.386 is hereby amended to read as follows:

10-29 385.386 1. If a panel established pursuant to NRS 385.378

10-30 determines that an administrator must be appointed to oversee the

10-31 operation of a school, the superintendent of public instruction shall, on or

10-32 before May 1, appoint a licensed administrator to do so. The administrator

10-33 must:

10-34 (a) Possess knowledge and experience concerning the administration of

10-35 public schools.

10-36 (b) Be appointed from a list of three qualified persons submitted to the

10-37 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 school

10-41 to ensure that the plan prepared by the department pursuant to NRS

10-42 385.375 and revised by the panel pursuant to NRS 385.381 is followed.

11-1 This subparagraph does not prohibit the administrator from recommending

11-2 changes to the plan.

11-3 (2) On a quarterly basis, make reports to the department, the

11-4 governor and the committee regarding the progress of the school toward

11-5 earning a designation of demonstrating exemplary achievement, high

11-6 achievement or adequate achievement pursuant to NRS 385.365.

11-7 (b) May take any action not prohibited by law to ensure that the

11-8 performance of the pupils of the school on the examinations administered

11-9 pursuant to NRS 389.015 improves to such a level that the school is

11-10 designated as demonstrating exemplary achievement, high achievement or

11-11 adequate achievement pursuant to NRS 385.365.

11-12 (c) Serves at the pleasure of the superintendent of public instruction and

11-13 is entitled to receive such compensation as may be set by the

11-14 superintendent.

11-15 3. A school district that contains a school for which an administrator is

11-16 appointed pursuant to this section shall reimburse the department for any

11-17 expenses incurred by the department pursuant to subsection 2.

11-18 4. If a school for which an administrator is appointed pursuant to this

11-19 section receives a designation of demonstrating exemplary achievement,

11-20 high achievement or adequate achievement pursuant to NRS 385.365, the

11-21 superintendent of public instruction shall terminate the oversight of the

11-22 school by the administrator. After the superintendent terminates the

11-23 oversight of the school, the board of trustees of the school district in which

11-24 the school is located shall, on a quarterly basis and until such time as the

11-25 school receives two consecutive designations of demonstrating exemplary

11-26 achievement, high achievement or adequate achievement pursuant to NRS

11-27 385.365, make reports to the department, the committee and the governor

11-28 regarding actions taken at the school to maintain that designation.

11-29 Sec. 10. NRS 385.391 is hereby amended to read as follows:

11-30 385.391 The department shall adopt:

11-31 1. Regulations to provide for the recognition of schools that receive a

11-32 designation as demonstrating exemplary achievement or high achievement

11-33 pursuant to [subsection 1 of] NRS 385.365;

11-34 2. Regulations which prescribe the factors that the department will

11-35 consider in determining whether to grant a waiver from the establishment

11-36 of a panel to supervise the academic probation of a school pursuant to NRS

11-37 385.378, including, without limitation, criteria for determining whether a

11-38 school has significantly improved; and

11-39 3. Such regulations as it deems necessary to carry out the provisions of

11-40 this section and NRS 385.3455 to 385.386, inclusive, including, without

11-41 limitation, uniform standards for the type and format of data that must be

11-42 submitted by the school districts and the time by which such data must be

11-43 submitted.

12-1 Sec. 11. NRS 392.128 is hereby amended to read as follows:

12-2 392.128 1. Each advisory board to review school attendance created

12-3 pursuant to NRS 392.126 shall:

12-4 (a) Review the records of the rate of attendance and truancy of pupils

12-5 submitted to the advisory board to review school attendance by the board

12-6 of trustees of the school district pursuant to subsection [4] 5 of NRS

12-7 385.347;

12-8 (b) Identify factors that contribute to the rate of truancy of pupils in the

12-9 school district;

12-10 (c) Establish programs to reduce the rate of truancy of pupils in the

12-11 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 the

12-14 reporting of the status of pupils as habitual truants and the issuance of

12-15 citations pursuant to NRS 392.142; and

12-16 (f) Inform the parents and legal guardians of the pupils who are enrolled

12-17 in the schools within the district of the policies and procedures adopted

12-18 pursuant to the provisions of this section.

12-19 2. An advisory board to review school attendance created in a county

12-20 pursuant to NRS 392.126 may use money appropriated by the legislature

12-21 and any other money made available to the advisory board for the use of

12-22 programs to reduce the truancy of pupils in the school district. The

12-23 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 the

12-25 money used by the advisory board to review school attendance to reduce

12-26 the rate of truancy of pupils in the school district.

12-27 Sec. 12. This act becomes effective on July 1, 1999.

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