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. NRS 385.351 is hereby amended to read as follows:

1-2 385.351 1. On or before [April 15] March 31 of each year, the board

1-16 (a) Prepare:

2-1 (1) A separate written report summarizing the effectiveness of the

2-2 district’s program of accountability during the school year. The report must

2-3 include:

2-4 (I) A review and analysis of the data upon which the report

2-5 required pursuant to subsection 2 of NRS 385.347 is based; and

2-6 (II) The identification of any problems or factors at individual

2-7 schools that are revealed by the review and analysis.

2-8 (2) A written procedure to improve the achievement of pupils who are

2-9 enrolled in schools within the district, including, but not limited to, a

2-10 description of the efforts the district has made to correct any deficiencies

2-11 identified in the written report required pursuant to subparagraph (1). The

2-12 written procedure must describe sources of data that will be used by the

2-13 board of trustees to evaluate the effectiveness of the written procedure.

2-14 (b) Submit copies of the written report and written procedure required

2-15 pursuant to paragraph (a) to the:

2-16 (1) Governor;

2-17 (2) State board;

2-18 (3) Department;

2-19 (4) Committee; and

2-20 (5) Bureau.

2-21 4. The department shall maintain a record of the information that it

2-22 receives from each school district pursuant to this section in such a manner

2-23 as will allow the department to create for each school a yearly profile of

2-24 information.

2-25 5. The board of trustees of each school district shall ensure that a copy

2-26 of the written report and written procedure required pursuant to paragraph

2-27 (a) of subsection 3 is included with the final budget of the school district

2-28 adopted pursuant to NRS 354.598.

2-29 Sec. 2. NRS 385.359 is hereby amended to read as follows:

2-30 385.359 1. The bureau shall contract with a person or entity to:

2-42 inclusive, in improving the accountability of the schools of this state;

3-1 (2) The status of each school that is designated as demonstrating

3-2 [inadequate achievement] need for improvement pursuant to NRS 385.367;

3-3 and

3-4 (3) Any other matter related to the accountability of the public

3-5 schools of this state, as deemed necessary by the bureau.

3-6 2. The consultant with whom the bureau contracts to perform the duties

3-7 required pursuant to subsection 1:

3-8 (a) Must possess the experience and knowledge necessary to perform

3-9 those duties, as determined by the committee; and

3-10 (b) Shall complete those duties within 6 months after the bureau

3-11 provides to the consultant the report required pursuant to subsection 2 of

3-12 NRS 385.347 and the written report and written procedure required

3-13 pursuant to NRS 385.351.

3-14 Sec. 3. NRS 385.363 is hereby amended to read as follows:

3-15 385.363 The department shall, on or before [December 15] April 1 of

3-26 (d) Demonstrating need for improvement.

3-27 Sec. 4. NRS 385.365 is hereby amended to read as follows:

3-28 385.365 1. The department shall designate a public school as

3-43 high achievement if:

4-1 (a) The number of pupils who took the examinations administered

4-2 pursuant to NRS 389.015 is at least equal to 93 percent of the pupils who

4-3 were required to take the examinations and were not exempt pursuant to

4-4 the regulations of the department;

4-5 (b) At least 40 percent of the pupils enrolled in that school who took

4-6 the examinations administered pursuant to NRS 389.015 received an

4-7 average score on those examinations that is at least equal to the 76th

4-8 percentile of the national reference group of pupils to which the

4-9 examinations were compared; and

4-10 (c) The average daily attendance of pupils who are enrolled in the

4-11 school and the teachers who provide instruction at the school is at least

4-12 93 percent.

4-13 3. The department shall designate a public school as demonstrating

4-14 adequate achievement if:

4-15 (a) The number of pupils who took the examinations administered

4-16 pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who

4-17 were required to take the examinations and were not exempt pursuant to the

4-18 regulations of the department;

4-19 (b) At least 60 percent of the pupils enrolled in that school who took the

4-20 examinations administered pursuant to NRS 389.015 received an average

4-21 score on those examinations that is at least equal to the 26th percentile of

4-22 the national reference group of pupils to which the examinations were

4-23 compared; and

4-24 (c) The average daily attendance of pupils who are enrolled in the

4-25 school and the teachers who provide instruction at the school is [more than]

4-26 at least 90 percent.

4-27 Sec. 5. NRS 385.367 is hereby amended to read as follows:

4-28 385.367 The department shall designate a public school as

4-39 subsection 4 of NRS 385.351.

5-1 Sec. 6. NRS 385.369 is hereby amended to read as follows:

5-2 385.369 As soon as practicable after the department makes a

5-18 consecutive years, if any, in which the school has received that designation.

5-19 Sec. 7. NRS 385.371 is hereby amended to read as follows:

5-20 385.371 If the department designates a school as demonstrating

5-33 (d) Bureau.

5-34 Sec. 8. NRS 385.373 is hereby amended to read as follows:

5-35 385.373 If the department designates a school as demonstrating

5-41 required pursuant to NRS 389.015.

6-1 3. On or before [February 15] June 15 of the year [immediately

6-2 succeeding the year] in which the second designation was made, submit the

6-3 plan to the:

6-4 (a) Board of trustees of the school district in which the school is located;

6-5 (b) Governor;

6-6 (c) State board;

6-7 (d) Committee; and

6-8 (e) Bureau.

6-9 Sec. 9. NRS 385.375 is hereby amended to read as follows:

6-10 385.375 If the department designates a school as demonstrating

6-36 school in carrying out the plan prepared pursuant to subsection 1.

6-37 Sec. 10. NRS 385.378 is hereby amended to read as follows:

6-38 385.378 1. Except as otherwise provided in subsection 3, in addition

6-41 [inadequate achievement,] need for improvement, the department shall, on

7-1 or before [January 15,] August 1, establish a panel to supervise the

7-2 academic probation of the school. A panel established pursuant to this

7-3 section consists of nine members appointed by the superintendent of public

7-4 instruction as follows:

7-5 (a) Two instructors or professors who provide instruction within the

7-6 University and Community College System of Nevada;

7-7 (b) Two representatives of the private sector;

7-8 (c) Two parents or legal guardians of pupils who are enrolled in the

7-9 school; and

7-10 (d) Three persons who are licensed educational personnel at public

7-11 schools within this state. Two of the persons appointed pursuant to this

7-12 paragraph must be classroom teachers who provide instruction at schools

7-13 that are not located within the same school district as the school which is

7-14 the subject of the evaluation.

7-15 2. For each day or portion of a day during which a member of the panel

7-16 attends a meeting of the panel or is otherwise engaged in the work of the

7-17 panel, he is entitled to receive the per diem allowance and travel expenses

7-18 provided for state officers and employees generally. The school district in

7-19 which the school on academic probation is located shall pay the allowances

7-20 and expenses authorized pursuant to this subsection.

7-21 3. If a school receives two or more consecutive designations as

7-22 demonstrating [inadequate achievement,] need for improvement, the

7-23 school may submit to the department a request for a waiver of the

7-24 requirement for the establishment of a panel to supervise the academic

7-25 probation of the school. The department may grant such a waiver if the

7-26 yearly profile of information for the school maintained by the department

7-27 pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction

7-28 of the department that the school has significantly improved in each of the

7-29 immediately preceding 3 years covered by the profile.

7-30 4. If the department grants a waiver pursuant to subsection 3, it shall,

7-31 on or before [February 15] June 1 of each year, prepare a list that contains

7-32 the name of each school for which the department has granted a waiver and

7-33 the justification of the department for granting the waiver. The department

7-34 shall submit the list to the:

7-35 (a) Governor;

7-36 (b) State board;

7-37 (c) Committee; and

7-38 (d) Bureau.

7-39 Sec. 11. NRS 385.381 is hereby amended to read as follows:

7-40 385.381 1. A panel established pursuant to NRS 385.378 shall:

7-43 board of trustees of the school district pursuant to NRS 385.371;

8-1 (b) Identify and investigate the problems and factors at the school that

8-2 contributed to the designation of the school as demonstrating [inadequate

8-3 achievement;] need for improvement;

8-4 (c) Hold a public meeting to discuss the actions that the school will need

8-5 to take to warrant receiving a designation of demonstrating exemplary

8-6 achievement, high achievement or adequate achievement;

8-7 (d) On or before [April 1,] November 1, prepare a written report that

8-8 includes an analysis of the problems and factors at the school which

8-9 contributed to the designation of the school as demonstrating [inadequate

8-10 achievement, including, but not limited to,] need for improvement,

8-11 including, without limitation, issues relating to:

8-12 (1) The financial resources of the school;

8-13 (2) The administrative and educational personnel of the school;

8-14 (3) The curriculum of the school;

8-15 (4) The facilities available at the school, including the availability and

8-16 accessibility of educational technology; and

8-17 (5) Any other factors that the panel believes contributed to the

8-18 designation of the school as demonstrating [inadequate achievement;] need

8-19 for improvement;

8-20 (e) Submit a copy of the written report to the:

8-21 (1) Principal of the school;

8-22 (2) Board of trustees of the school district in which the school is

8-23 located;

8-24 (3) Superintendent of schools of the school district in which the

8-25 school is located;

8-26 (4) Superintendent of public instruction;

8-27 (5) Governor;

8-28 (6) State board;

8-29 (7) Department;

8-30 (8) Committee; and

8-31 (9) Bureau;

8-32 (f) Make the written report available, upon request, to each parent or

8-33 legal guardian of a pupil who is enrolled in the school; and

8-34 (g) In accordance with its findings pursuant to this subsection, adopt

8-35 revisions to the most recent plan prepared by the department for the school

8-36 pursuant to NRS 385.373 or 385.375.

8-37 2. The department shall, not more than 1 month after receiving the

8-38 written report submitted by the panel:

8-39 (a) Amend the most recent plan prepared by the department for the

8-40 school pursuant to NRS 385.373 or 385.375. In amending the plan, the

8-41 department shall incorporate the revisions adopted by the panel pursuant to

8-42 paragraph (g) of subsection 1.

9-1 (b) Submit to the panel a copy of an amended plan for the school which

9-2 demonstrates to the satisfaction of the panel that the department

9-3 incorporated the revisions adopted by the panel pursuant to paragraph (g)

9-4 of subsection 1.

9-5 3. The department shall submit to the panel a copy of the designation

9-6 that it gives to the school pursuant to NRS 385.363 for the school year

9-7 immediately succeeding the establishment of the panel. If the school does

9-8 not earn a designation as demonstrating exemplary achievement, high

9-9 achievement or adequate achievement for the school year immediately

9-10 succeeding the establishment of the panel, the panel shall take such action

9-11 pursuant to subsection 1 and NRS 385.383 as it deems necessary to ensure

9-12 that the school takes action to improve its designation.

9-13 Sec. 12. NRS 385.383 is hereby amended to read as follows:

9-14 385.383 If a panel established pursuant to NRS 385.378 determines

9-22 oversee the operation of the school pursuant to NRS 385.386.

9-23 Sec. 13. NRS 385.386 is hereby amended to read as follows:

9-24 385.386 1. If a panel established pursuant to NRS 385.378

9-43 adequate achievement pursuant to NRS 385.365.

10-1 (b) May take any action not prohibited by law to ensure that the

10-2 performance of the pupils of the school on the examinations administered

10-3 pursuant to NRS 389.015 improves to such a level that the school is

10-4 designated as demonstrating exemplary achievement, high achievement or

10-5 adequate achievement pursuant to NRS 385.365.

10-6 (c) Serves at the pleasure of the superintendent of public instruction and

10-7 is entitled to receive such compensation as may be set by the

10-8 superintendent.

10-9 3. A school district that contains a school for which an administrator is

10-10 appointed pursuant to this section shall reimburse the department for any

10-11 expenses incurred by the department pursuant to subsection 2.

10-12 4. If a school for which an administrator is appointed pursuant to this

10-13 section receives a designation of demonstrating exemplary achievement,

10-14 high achievement or adequate achievement pursuant to NRS 385.365, the

10-15 superintendent of public instruction shall terminate the oversight of the

10-16 school by the administrator. After the superintendent terminates the

10-17 oversight of the school, the board of trustees of the school district in which

10-18 the school is located shall, on a quarterly basis and until such time as the

10-19 school receives two consecutive designations of demonstrating exemplary

10-20 achievement, high achievement or adequate achievement pursuant to NRS

10-21 385.365, make reports to the department, the committee and the governor

10-22 regarding actions taken at the school to maintain that designation.

10-23 Sec. 14. NRS 385.389 is hereby amended to read as follows:

10-24 385.389 1. The department shall adopt programs of remedial study

10-35 NRS 389.015, a program of remedial study adopted by the department.

10-36 Sec. 15. NRS 385.391 is hereby amended to read as follows:

10-37 385.391 The department shall adopt:

11-1 2. Regulations which prescribe the factors that the department will

11-2 consider in determining whether to grant a waiver from the establishment of

11-3 a panel to supervise the academic probation of a school pursuant to NRS

11-4 385.378, including, without limitation, criteria for determining whether a

11-5 school has significantly improved; and

11-6 3. Such regulations as it deems necessary to carry out the provisions of

11-7 this section and NRS 385.3455 to 385.386, inclusive, including, without

11-8 limitation, uniform standards for the type and format of data that must be

11-9 submitted by the school districts and the time by which such data must be

11-10 submitted.

11-11 Sec. 16. NRS 389.015 is hereby amended to read as follows:

11-12 389.015 1. The board of trustees of each school district shall

11-41 district [public instruction] shall certify that the results of the examinations

12-1 have been transmitted to each school within the school district. Not more

12-2 than 10 working days after each school receives the results of the

12-3 examinations, the principal of each school and the governing body of each

12-4 charter school shall certify that the results for each pupil have been

12-5 provided to the parent or legal guardian of the pupil:

12-6 (a) During a conference between the teacher of the pupil or

12-7 administrator of the school and the parent or legal guardian of the pupil; or

12-8 (b) By mailing the results of the examinations to the last known address

12-9 of the parent or legal guardian of the pupil.

12-10 4. Different standards of proficiency may be adopted for pupils with

12-11 diagnosed learning disabilities. If different standards of proficiency are

12-12 adopted or other modifications or accommodations are made in the

12-13 administration of the examinations for a pupil who is enrolled in a program

12-14 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

12-15 than a gifted and talented pupil, the different standards adopted or other

12-16 modifications or accommodations must be set forth in the pupil’s program

12-17 of special education developed in accordance with the Individuals with

12-18 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

12-19 prescribed by the state board.

12-20 5. If a pupil fails to demonstrate at least adequate achievement on the

12-21 examination administered before the completion of grade 4, 8 or 10, he

12-22 may be promoted to the next higher grade, but the results of his

12-23 examination must be evaluated to determine what remedial study is

12-24 appropriate. If such a pupil is enrolled at a school that has been designated

12-25 as demonstrating [inadequate achievement] need for improvement pursuant

12-26 to NRS 385.367 the pupil must, in accordance with the requirements set

12-27 forth in this subsection, complete a program of remedial study pursuant to

12-28 NRS 385.389.

12-29 6. If a pupil fails to pass the proficiency examination administered

12-30 before the completion of grade 11, he must not be graduated until he is

12-31 able, through remedial study, to pass the proficiency examination, but he

12-32 may be given a certificate of attendance, in place of a diploma, if he has

12-33 reached the age of 17 years.

12-34 7. The state board shall prescribe standard examinations of

12-35 achievement and proficiency to be administered pursuant to subsection 1.

12-36 The examinations on reading, mathematics and science prescribed for

12-37 grades 4, 8 and 10 must be selected from examinations created by private

12-38 entities and administered to a national reference group, and must allow for

12-39 a comparison of the achievement and proficiency of pupils in grades 4, 8

12-40 and 10 in this state to that of a national reference group of pupils in grades

12-41 4, 8 and 10. The questions contained in the examinations and the approved

12-42 answers used for grading them are confidential, and disclosure is unlawful

12-43 except:

13-1 (a) To the extent necessary for administering and evaluating the

13-2 examinations.

13-3 (b) That a disclosure may be made to a state officer who is a member of

13-4 the executive or legislative branch to the extent that it is related to the

13-5 performance of that officer’s duties.

13-6 (c) That specific questions and answers may be disclosed if the

13-7 superintendent of public instruction determines that the content of the

13-8 questions and answers is not being used in a current examination and

13-9 making the content available to the public poses no threat to the security of

13-10 the current examination process.

13-11 Sec. 17. This act becomes effective upon passage and approval.