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).

1-1 Section 1. Chapter 389 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. There is hereby created an advisory committee, consisting

1-4 of nine members, to oversee the proficiency examination administered to

1-5 pupils before the completion of grade 11 pursuant to NRS 389.015.

1-6 2. The governor shall appoint five members to the advisory committee

1-7 as follows:

1-8 (a) Four representatives of school districts who are responsible for

1-9 overseeing the administration of the examinations given to pupils

1-10 pursuant to NRS 389.015 within their respective school districts,

1-11 including, without limitation, testing directors and testing administrators.

1-12 At least one member appointed by the governor pursuant to this

1-13 paragraph must be employed by the board of trustees of a school district

1-14 in a county whose population is less than 100,000. Not more than two

2-1 members appointed by the governor pursuant to this paragraph may be

2-2 employed by the board of trustees of the same school district.

2-3 (b) One representative of the University and Community College

2-4 System of Nevada who possesses knowledge and experience in the

2-5 assessment of pupils who are enrolled in public schools, nominated for

2-6 appointment by the board of regents.

2-7 3. The majority leader of the senate and the speaker of the assembly

2-8 shall each appoint two members to the advisory committee as follows:

2-9 (a) One parent or legal guardian of a pupil who is enrolled in a public

2-10 school in this state; and

2-11 (b) One representative of a private business or industry.

2-12 4. The advisory committee shall elect a chairman from among its

2-13 members.

2-14 5. The members of the advisory committee serve at the pleasure of the

2-15 appointing authority. A vacancy in the membership of the advisory

2-16 committee must be filled in the same manner as the original appointment.

2-17 6. Each member of the advisory committee serves without

2-18 compensation, except that for each day or portion of a day during which

2-19 a member attends a meeting of the advisory committee or is otherwise

2-20 engaged in the business of the advisory committee, he is entitled to receive

2-21 the per diem allowance and travel expenses provided for state officers and

2-22 employees generally.

2-23 7. The department shall provide administrative support to the

2-24 advisory committee.

2-25 Sec. 3. 1. The advisory committee to oversee the proficiency

2-26 examination created pursuant to section 2 of this act shall:

2-27 (a) Hold at least four meetings each year, at least one of which must

2-28 be held before the administration of the proficiency examination in the

2-29 public schools of this state;

2-30 (b) Review the questions and answers on the proficiency examination;

2-31 (c) Review the data used by the state board to establish the score for

2-32 passing the proficiency examination;

2-33 (d) Review the percentage of pupils who pass the proficiency

2-34 examination before the completion of grade 11 and the percentage of

2-35 pupils who fail to pass the examination and receive a certificate of

2-36 attendance pursuant to subsection 6 of NRS 389.015;

2-37 (e) Review the costs of administering the proficiency examination;

2-38 (f) Determine whether the proficiency examination adequately

2-39 measures the:

2-40 (1) Achievement of pupils in the standards of content adopted by the

2-41 state board; and

2-42 (2) Level of proficiency of pupils in the standards of performance

2-43 adopted by the state board;

3-1 (g) Submit a quarterly report to the state board that includes a

3-2 summary of the actions of the advisory committee during the immediately

3-3 preceding quarter and the recommendations of the advisory committee, if

3-4 any, for modification of the:

3-5 (1) Content of the proficiency examination;

3-6 (2) Score for passing the proficiency examination; or

3-7 (3) Manner in which the examination is administered; and

3-8 (h) Submit an annual report to the legislative committee on education

3-9 created pursuant to NRS 218.5352 that includes a summary of the actions

3-10 of the advisory committee during the immediately preceding year and any

3-11 recommendations of the advisory committee for legislation relating to the

3-12 proficiency examination.

3-13 2. The provisions of chapter 241 of NRS do not apply to a meeting or

3-14 a portion of a meeting of the advisory committee to the extent that it is

3-15 necessary for the advisory committee to maintain the confidentiality of the

3-16 proficiency examination.

3-17 3. Upon the written request of the chairman of the advisory

3-18 committee, the state board and the department shall provide all

3-19 information that is necessary for the advisory committee to carry out its

3-20 duties pursuant to this section.

3-21 4. As used in this section, "proficiency examination" means the

3-22 examination that is administered to pupils before the completion of grade

3-23 11 pursuant to NRS 389.015.

3-24 Sec. 4. NRS 389.015 is hereby amended to read as follows:

3-25 389.015 1. The board of trustees of each school district shall

3-42 school districts and individual schools with the uniform procedures.

4-1 (d) Scored by the department or a single private entity that has

4-2 contracted with the state board to score the examinations. If a private entity

4-3 scores the examinations, it shall report the results of the examinations in the

4-4 form and by the date required by the department.

4-5 3. Not more than 14 working days after the results of the examinations

4-6 are reported to the department by a private entity that scored the

4-7 examinations or the department completes the scoring of the examinations,

4-8 the superintendent of public instruction shall certify that the results of the

4-9 examinations have been transmitted to each school district and each charter

4-10 school. Not more than 10 working days after a school district receives the

4-11 results of the examinations, the superintendent of public instruction shall

4-12 certify that the results of the examinations have been transmitted to each

4-13 school within the school district. Not more than 10 working days after each

4-14 school receives the results of the examinations, the principal of each school

4-15 and the governing body of each charter school shall certify that the results

4-16 for each pupil have been provided to the parent or legal guardian of the

4-17 pupil:

4-18 (a) During a conference between the teacher of the pupil or administrator

4-19 of the school and the parent or legal guardian of the pupil; or

4-20 (b) By mailing the results of the examinations to the last known address

4-21 of the parent or legal guardian of the pupil.

4-22 4. Different standards of proficiency may be adopted for pupils with

4-23 diagnosed learning disabilities. If different standards of proficiency are

4-24 adopted or other modifications or accommodations are made in the

4-25 administration of the examinations for a pupil who is enrolled in a program

4-26 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

4-27 than a gifted and talented pupil, the different standards adopted or other

4-28 modifications or accommodations must be set forth in the pupil’s program

4-29 of special education developed in accordance with the Individuals with

4-30 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

4-31 prescribed by the state board.

4-32 5. If a pupil fails to demonstrate at least adequate achievement on the

4-33 examination administered before the completion of grade 4, 8 or 10, he may

4-34 be promoted to the next higher grade, but the results of his examination

4-35 must be evaluated to determine what remedial study is appropriate. If such a

4-36 pupil is enrolled at a school that has been designated as demonstrating

4-37 inadequate achievement pursuant to NRS 385.367 the pupil must, in

4-38 accordance with the requirements set forth in this subsection, complete a

4-39 program of remedial study pursuant to NRS 385.389.

4-40 6. If a pupil fails to pass the proficiency examination administered

4-41 before the completion of grade 11, he must not be graduated until he is able,

4-42 through remedial study, to pass the proficiency examination, but he may be

5-1 given a certificate of attendance, in place of a diploma, if he has reached the

5-2 age of 17 years.

5-3 7. The state board shall prescribe standard examinations of achievement

5-4 and proficiency to be administered pursuant to subsection 1. The

5-5 examinations on reading, mathematics and science prescribed for grades 4,

5-6 8 and 10 must be selected from examinations created by private entities and

5-7 administered to a national reference group, and must allow for a comparison

5-8 of the achievement and proficiency of pupils in grades 4, 8 and 10 in this

5-9 state to that of a national reference group of pupils in grades 4, 8 and 10.

5-10 The questions contained in the examinations and the approved answers used

5-11 for grading them are confidential, and disclosure is unlawful except:

5-12 (a) To the extent necessary for administering and evaluating the

5-13 examinations.

5-14 (b) That a disclosure may be made to a state officer who is a member of

5-15 the executive or legislative branch to the extent that it is related to the

5-16 performance of that officer’s duties.

5-17 (c) That specific questions and answers may be disclosed if the

5-18 superintendent of public instruction determines that the content of the

5-19 questions and answers is not being used in a current examination and

5-20 making the content available to the public poses no threat to the security of

5-21 the current examination process.

5-22 (d) That, upon the written request of the chairman of the advisory

5-23 committee created pursuant to section 2 of this act, the superintendent of

5-24 public instruction shall disclose the questions and answers on the

5-25 proficiency examination that is administered to pupils before the

5-26 completion of grade 11 to the members of the advisory committee. The

5-27 chairman of the advisory committee may submit such a request if the

5-28 disclosure is necessary for the advisory committee to carry out its duties

5-29 pursuant to section 3 of this act. Such a disclosure must be made in a

5-30 manner that does not violate the confidentiality of the examination.

5-31 Sec. 5. 1. There is hereby appropriated from the state general fund to

5-32 the department of education for the continued development, administration

5-33 and central scoring of a high school proficiency examination:

5-34 For the fiscal year 1999-2000 $384,825

5-35 For the fiscal year 2000-2001 $371,648

5-36 2. The sums appropriated by subsection 1 are available for either fiscal

5-37 year. Any balance remaining of those sums must not be committed for

5-38 expenditure after June 30, 2001, and reverts to the state general fund as

5-39 soon as all payments of money committed have been made.

5-40 Sec. 6. 1. There is hereby appropriated from the state general fund to

5-41 the department of education the sum of $30,000 for the payment of per diem

5-42 allowances and travel expenses pursuant to subsection 6 of section 2 of this

5-43 act.

6-1 2. Any remaining balance of the appropriation made by subsection 1

6-2 must not be committed for expenditure after June 30, 2001, and reverts to

6-3 the state general fund as soon as all payments of money committed have

6-4 been made.

6-5 Sec. 7. The members of the advisory committee created pursuant to

6-6 section 2 of this act must be appointed on or before July 1, 1999.

6-7 Sec. 8. 1. This section and sections 5, 6 and 7 of this act become

6-8 effective upon passage and approval.

6-9 2. Section 2 of this act becomes effective upon passage and approval

6-10 for the purpose of appointing members to the advisory committee pursuant

6-11 to that section and on July 1, 1999, for all other purposes.

6-12 3. Sections 1, 3 and 4 of this act become effective on July 1, 1999.