Amendment No. 1025

Senate Amendment to Senate Bill No. 70 (BDR 34-248)

Proposed by: Committee on Finance

Amendment Box: Resolves conflicts with S.B. No. 21. Makes substantive changes.

Resolves Conflicts with: SB21

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 3, page 2, line 18, by deleting "at least" and inserting "less than".

Amend sec. 3, page 2, line 20, by deleting "do not".

Amend sec. 3, page 2, by deleting line 26 and inserting:

"(a) The school shall, within the same school year,".

Amend sec. 3, page 2, line 30, after "school" by inserting "district".

Amend sec. 3, page 2, line 33, after "department" by inserting:

"or its designee".

Amend sec. 3, page 2, line 34, after "389.015" by inserting:

"and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations".

Amend sec. 5, page 4, line 4, by deleting "number of" and inserting:

"percentage of classes taught by".

Amend sec. 5, page 5, line 7, after "district." by inserting:

"For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.".

Amend sec. 5, page 5, line 9, after "(r)" by inserting:

"The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

(s)".

Amend sec. 5, page 5, line 15, by deleting "(s)" and inserting "(t)".

Amend sec. 5, page 5, line 18, by deleting "(t)" and inserting:

"(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:

(1) A standard high school diploma.

(2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

(w)".

Amend sec. 5, page 5, line 20, after "3." by inserting:

"The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

4.".

Amend sec. 5, page 5, line 35, by deleting "4." and inserting "[4.] 5.".

Amend sec. 5, page 5, line 40, by deleting "5." and inserting "6.".

Amend sec. 6, page 6, line 12, by deleting "(s)" and inserting "(t)".

Amend sec. 6, page 6, by deleting line 19 and inserting:

"district’s program of accountability . [during the school year.] The report must".

Amend sec. 6, page 6, line 22, by deleting "based; [and]" and inserting:

"based [;] and a review and analysis of any data that is more recent than the data upon which the report is based;".

Amend sec. 6, page 6, line 26, after "deficiencies or" by inserting:

"in response to the".

Amend sec. 6, page 6, line 31, by deleting "years." and inserting:

"years and any other analyses made in preceding years.".

Amend sec. 7, page 7, by deleting lines 19 and 20 and inserting:

"the attendance of pupils who are enrolled in the school and [the attendance of teachers who provide instruction at the school.]".

Amend sec. 9, page 8, line 15, after "in" by inserting:

"subsection 3 and".

Amend sec. 9, page 8, between lines 23 and 24, by inserting:

"3. The department shall adopt regulations that set forth the conditions under which the department will not designate a public school pursuant to this section because the school:

(a) Has too few pupils enrolled in a grade level that is tested pursuant to NRS 389.015;

(b) Serves only pupils with disabilities;

(c) Operates only as an alternative program for the education of pupils at risk of dropping out of high school; or

(d) Is operated within a:

(1) Youth training center;

(2) Youth center;

(3) Juvenile forestry camp;

(4) Detention home;

(5) Youth camp;

(6) Juvenile correctional institution; or

(7) Correctional institution.".

Amend sec. 14, page 11, line 22, by deleting "389.015." and inserting:

"389.015 and ensure that all eligible pupils who are in attendance on the day that the examinations are administered are given an opportunity to take the examinations.".

Amend sec. 15, page 12, line 4, by deleting "Submit" and inserting:

"[Submit] On or before May 1 of the year in which the third or subsequent designation was made pursuant to NRS 385.367 or the second or subsequent designation was made pursuant to section 3 of this act, submit".

Amend sec. 15, page 12, by deleting line 19 and inserting:

"pursuant to NRS 385.365, make [at least four] two reports per year , one at the end of each semester, to the".

Amend sec. 15, page 12, line 20, after "committee" by inserting:

", the bureau".

Amend sec. 16, page 12, line 28, by deleting "April 10," and inserting "August 1,".

Amend sec. 16, page 12, by deleting lines 34 through 41 and inserting:

"(b) [Two representatives] One representative of the private sector;

(c) Two parents or legal guardians of pupils who are enrolled in the school; [and]

(d) One person who is a member of the board of trustees of a school district; and

(e) Three persons who are licensed educational personnel at public schools within this state. [Two of the persons] One person appointed pursuant to this paragraph must be a classroom [teachers who provide] teacher who provides instruction at [schools that are] a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.".

Amend sec. 16, page 13, line 26, by deleting "May 1" and inserting "June 1".

Amend sec. 17, page 14, line 4, by deleting "November 1," and inserting "December 1,".

Amend sec. 18, page 15, line 16, by deleting "November 1," and inserting "December 1,".

Amend sec. 19, page 15, line 23, by deleting "December 1," and inserting "January 15,".

Amend sec. 19, page 15, by deleting line 36 and inserting:

"(2) [On a quarterly basis, make] Make two reports , one at the end of each semester, to the department, the governor , the bureau".

Amend sec. 19, page 16, by deleting line 19 and inserting:

"the school is located shall, [on a quarterly basis and] until such time as the".

Amend sec. 19, page 16, by deleting line 22 and inserting:

"385.365, make two reports , one at the end of each semester, to the department, the committee , the bureau and the governor".

Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:

"Sec. 21.5. NRS 386.550 is hereby amended to read as follows:

386.550 A charter school shall:

1. Comply with all laws and regulations relating to discrimination and civil rights.

2. Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.

3. Refrain from charging tuition or fees, levying taxes or issuing bonds.

4. Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

5. Comply with the provisions of chapter 241 of NRS.

6. Schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.

7. Cooperate with the board of trustees of the school district in the administration of the achievement and proficiency examinations administered pursuant to NRS 389.015 to the pupils who are enrolled in the charter school.

8. Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this state.

9. Provide at least the courses of instruction that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This subsection does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.

10. Provide instruction on acquired immune deficiency syndrome and the human reproductive system, related to communicable diseases and sexual responsibility in accordance with NRS 389.065.

11. Adhere to the same transportation policy that is in effect in the school district in which the charter school is located.

12. Adopt a final budget in accordance with the regulations adopted by the department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.".

Amend sec. 22, page 17, line 34, by deleting "(s)" and inserting "(t)".

Amend sec. 22, page 17, by deleting line 40 and inserting:

"charter school’s program of accountability . [during the school year.] The".

Amend sec. 22, page 17, line 43, by deleting "based; [and]" and inserting:

"based [;] and a review and analysis of any data that is more recent than the data upon which the report is based; and".

Amend sec. 22, page 18, by deleting line 25 and inserting:

"adopted [pursuant to NRS 354.598.] by the governing body of the charter school.".

Amend sec. 23, page 19, line 18, by deleting "public instruction" and inserting:

"[public instruction] schools of each school district".

Amend sec. 23, page 19, by deleting line 20 and inserting:

"school within the school district. [Not] Except as otherwise provided in this subsection, not more than [10] 15 working days after each".

Amend sec. 23, page 19, between lines 28 and 29, by inserting:

"If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.".

Amend sec. 23, page 19, line 30, after "disabilities." by inserting:

"If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017.".

Amend sec. 23, page 19, line 38, after "board." by inserting:

"During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.".

Amend sec. 23, page 20, between lines 29 and 30, by inserting:

"8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.".

Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:

"Sec. 23.5. NRS 389.017 is hereby amended to read as follows:

389.017 1. The state board shall prescribe regulations requiring that each board of trustees of a school district and each governing body of a charter school submit to the superintendent of public instruction and the department, in the form and manner prescribed by the superintendent, the results of achievement and proficiency examinations given in the 4th, 8th, 10th and 11th grades to public school pupils of the district and charter schools. The state board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

2. The results of examinations [administered to all pupils] must be reported for each school, including, without limitation, each charter school, school district and this state as follows:

(a) The average score , as defined by the department, of pupils [with disabilities for whom different standards of achievement are adopted or other] who took the examinations under regular testing conditions; and

(b) The average score, as defined by the department, of pupils who took the examinations with modifications or accommodations [are made if :

(1) The modifications or accommodations are] approved by the [publisher of the examination; and

(2) Such] private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil . [;

(b) The average score of pupils for whom different standards of achievement were not adopted or other modifications or accommodations were not made; and

(c) The average score of all pupils who were tested, except for pupils with disabilities who took an examination pursuant to subsection 4 of NRS 389.015 with modifications or accommodations that are not approved by the publisher of the examination.]

3. The department shall adopt regulations prescribing the requirements for reporting the scores of pupils who:

(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;

(b) Are enrolled in special schools for children with disabilities;

(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school; or

(d) Are detained in a:

(1) Youth training center;

(2) Youth center;

(3) Juvenile forestry camp;

(4) Detention home;

(5) Youth camp;

(6) Juvenile correctional institution; or

(7) Correctional institution.

The scores reported pursuant to this subsection must not be included in the average scores reported pursuant to subsection 2.

4. Not later than 10 days after the department receives the results of the achievement and proficiency examinations, the department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:

(a) The examination administered;

(b) The grade level or levels of pupils to whom the examination was administered;

(c) The costs incurred by the school district or charter school in administering each examination; and

(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

On or before December 1 of each year, the department shall transmit to the budget division of the department of administration and the fiscal analysis division of the legislative counsel bureau the information submitted to the department pursuant to this subsection.

[4.] 6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:

(a) His primary language is not English and his proficiency in the English language is below the [average proficiency of pupils at the same grade] level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board [;] pursuant to subsection 8; or

(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.

[5.] 7. In addition to the information required by subsection [3,] 5, the superintendent of public instruction shall:

(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

[6.] 8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection [4.] 6.".

Amend sec. 24, page 20, line 35, by deleting "5." and inserting "6.".

Amend the bill as a whole by deleting sec. 25 and adding a new section designated sec. 25, following sec. 24, to read as follows:

"Sec. 25. Section 1 of Senate Bill No. 21 of this session is hereby amended to read as follows:

Section 1. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:

(a) Reading;

(b) Writing;

(c) Mathematics; and

(d) Science.

2. The examinations required by subsection 1 must be:

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

(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.

(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.

(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.

3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:

(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or

(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall notify the pupil and the parents or legal guardian of the pupil as soon as practicable but not later than 15 working days after the school receives the results of the examination.

4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to NRS 385.367 the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.

6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.

7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:

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

(b) That a disclosure may be made to a [state] :

(1) State officer who is a member of the executive or legislative branch to the extent that it is [related to] necessary for the performance of [that officer’s duties.] his duties;

(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and

(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.

(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.

8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.".

Amend sec. 26, page 22, by deleting lines 29 through 32 and inserting:

"Sec. 26. 1. This section and section 23 of this act become effective upon passage and approval.

2. Sections 1 to 22, inclusive, 24 and 25 of this act become effective on July 1, 1999.

3. Section 23.5 of this act becomes effective at 12:01 a.m. on July 1, 1999.".

Amend the title of the bill by deleting the second and third lines and inserting:

"accountability for public schools; requiring a charter school to adopt a final budget in accordance with the regulations of the department of education; revising provisions governing the administration and reporting of the achievement and proficiency examinations; and providing other".