Assembly Bill No. 294–Assemblymen Angle, Nolan, Carpenter, Von Tobel, Gustavson, McClain, Mortenson, Price, Tiffany, Claborn, Lee, Cegavske, Hettrick, Manendo, Collins, Segerblom, Arberry, Gibbons and Humke
February 22, 1999
____________
Joint Sponsors: Senators Washington, Rawson and Jacobsen
____________
Referred to Committee on Education
SUMMARY—Revises provisions regarding literacy in public schools. (BDR 34-1051)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
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 385.110 is hereby amended to read as follows: 385.110 1. Except as otherwise provided in subsections1-3
and 4, the state board shall prescribe and cause to be enforced the courses1-4
of study for the public schools of this state.1-5
2. The state board shall not prescribe or cause to be enforced a1-6
course of study in reading unless:1-7
(a) The decision to prescribe the course of study is supported by1-8
scientifically-based reading research that the instruction included in the1-9
course of study is successful; and2-1
(b) If the course of study is prescribed:2-2
(1) For kindergarten or grade 1 or 2, the course of study includes2-3
instruction in the awareness of phonemes, the application of explicit2-4
systematic phonics to reading and the acquisition of skills to read fluently2-5
and comprehend reading material; or2-6
(2) As a remedial course for any grade in grades 3 to 12, inclusive,2-7
the course of study includes instruction in the awareness of phonemes,2-8
the application of explicit systematic phonics to reading and the2-9
acquisition of skills to read fluently and comprehend reading material.2-10
3. For those courses of study prescribed by the state board:2-11
(a) High schools may have modified courses of study, subject to the2-12
approval of the state board; and2-13
(b) Any high school offering courses normally accredited as being2-14
beyond the level of the 12th grade shall, before offering such courses, have2-15
them approved by the state board.2-16
2-17
prescribed by the state board except for those courses of study which are2-18
required for promotion to the next grade or graduation from high school.2-19
5. A member of the state board who violates the provisions of2-20
subsection 2:2-21
(a) Is guilty of malfeasance in office; and2-22
(b) In addition to any other penalty provided by law, shall be punished2-23
for a misdemeanor.2-24
6. As used in this section:2-25
(a) "Reading" has the meaning ascribed to it in the Reading2-26
Excellence Act, Title VIII of Public Law 105-277.2-27
(b) "Scientifically-based reading research" has the meaning ascribed2-28
to it in the Reading Excellence Act, Title VIII of Public Law 105-277.2-29
Sec. 2. NRS 386.350 is hereby amended to read as follows: 386.350 1. Each board of trustees is hereby given such reasonable2-31
and necessary powers, not conflicting with the constitution and the laws of2-32
the State of Nevada, as may be requisite to attain the ends for which the2-33
public schools are established and to promote the welfare of school2-34
children, including the establishment and operation of schools and classes2-35
deemed necessary and desirable.2-36
2. The board of trustees of a school district shall not prescribe or2-37
cause to be enforced a course of study in reading unless:2-38
(a) The decision to prescribe the course of study is supported by2-39
scientifically-based reading research that the instruction included in the2-40
course of study is successful; and2-41
(b) If the course of study is prescribed:2-42
(1) For kindergarten or grade 1 or 2, the course of study includes2-43
instruction in the awareness of phonemes, the application of explicit3-1
systematic phonics to reading and the acquisition of skills to read fluently3-2
and comprehend reading material; or3-3
(2) As a remedial course for any grade in grades 3 to 12, inclusive,3-4
the course of study includes instruction in the awareness of phonemes,3-5
the application of explicit systematic phonics to reading and the3-6
acquisition of skills to read fluently and comprehend reading material.3-7
3. A member of the board of trustees of a school district who violates3-8
the provisions of subsection 2:3-9
(a) Is guilty of malfeasance in office; and3-10
(b) In addition to any other penalty provided by law, shall be punished3-11
for a misdemeanor.3-12
4. As used in this section:3-13
(a) "Reading" has the meaning ascribed to it in the Reading3-14
Excellence Act, Title VIII of Public Law 105-277.3-15
(b) "Scientifically-based reading research" has the meaning ascribed3-16
to it in the Reading Excellence Act, Title VIII of Public Law 105-277.3-17
Sec. 3. NRS 391.038 is hereby amended to read as follows: 391.038 1. The state board, in consultation with educational3-19
institutions in this state which offer courses of study and training for the3-20
education of teachers and other educational personnel, shall review and3-21
evaluate a course of study and training offered by an educational3-22
institution which is designed to provide the education required for:3-23
(a) The licensure of teachers or other educational personnel;3-24
(b) The renewal of licenses of teachers or other educational personnel;3-25
or3-26
(c) An endorsement in a field of specialization.3-27
If the course of study and training meets the requirements established by3-28
the state board, it must be approved by the state board. If a course of study3-29
or training is designed to prepare persons to teach elementary education,3-30
the state board shall not approve the course of study or training unless3-31
the course of study or training provides instruction or training in the3-32
methods to teach basic reading skills, including, without limitation, the3-33
use of explicit systematic phonics.3-34
2. The state board may review and evaluate such courses of study and3-35
training itself or may recognize a course of study and training approved by3-36
a national agency for accreditation acceptable to the board.3-37
3. The state board shall adopt regulations establishing fees for the3-38
review by the board of a course of study and training submitted to the3-39
board by an educational institution.3-40
4. The state board, in consultation with educational institutions in this3-41
state which offer courses of study and training for the education of teachers3-42
and other educational personnel, and the Nevada Association of Colleges3-43
for Teacher Education and the Nevada Association of Teacher Educators,4-1
shall adopt regulations governing the approval by the state board of4-2
courses of study and training which are accredited by the National Council4-3
of Accreditation of Teacher Education, and those which are not so4-4
accredited.4-5
5. If the state board denies or withdraws its approval of a course of4-6
study or training, the educational institution is entitled to a hearing and4-7
judicial review of the decision of the state board.4-8
Sec. 4. On or before July 1, 1999, the governor shall, in consultation4-9
with the department of education, establish an advisory partnership on4-10
reading and literacy in accordance with the Reading Excellence Act, Title4-11
VIII of Public Law 105-277.4-12
Sec. 5. On or before October 1, 1999, the department of education4-13
shall:4-14
1. Take such action as is necessary to comply with the Reading4-15
Excellence Act, Title VIII of Public Law 105-277.4-16
2. Apply for a grant of money pursuant to the Reading Excellence Act,4-17
Title VIII of Public Law 105-277.4-18
Sec. 6. On or before January 1, 2002, the state board of education4-19
shall review the courses of study in reading that are prescribed and4-20
enforced by the state board to determine whether the courses of study4-21
comply with the amendatory provisions of section 1 of this act. If the state4-22
board determines that a course of study does not comply with the4-23
amendatory provisions of section 1 of this act, the state board shall take4-24
appropriate action to ensure compliance on or before July 1, 2002.4-25
Sec. 7. On or before January 1, 2002, the board of trustees of each4-26
school district shall review the courses of study in reading that are4-27
prescribed and enforced by the board of trustees to determine whether the4-28
courses of study comply with the amendatory provisions of section 2 of4-29
this act. If the board of trustees determines that a course of study does not4-30
comply with the amendatory provisions of section 2 of this act, the board4-31
of trustees shall take appropriate action to ensure compliance on or before4-32
July 1, 2002.4-33
Sec. 8. The amendatory provisions of sections 1 and 2 of this act do4-34
not apply to offenses that were committed before July 1, 2002.4-35
Sec. 9. 1. This section and sections 4 and 5 of this act become4-36
effective upon passage and approval.4-37
2. Sections 3, 6 and 7 of this act become effective on July 1, 1999.4-38
3. Sections 1, 2 and 8 of this act become effective on July 1, 2002.~