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 389.015 is hereby amended to read as follows:

1-2 389.015 1. The board of trustees of each school district shall

1-13 (a) Administered before the completion of grades 4, 8, 10 and 11.

2-1 (b) Administered in each school district and each charter school at the

2-2 same time. The time for the administration of the examinations must be

2-3 prescribed by the state board.

2-4 (c) Administered in each school in accordance with uniform procedures

2-5 adopted by the state board. The department shall monitor the compliance of

2-6 school districts and individual schools with the uniform procedures.

2-7 (d) Scored by the department or a single private entity that has

2-8 contracted with the state board to score the examinations. If a private entity

2-9 scores the examinations, it shall report the results of the examinations in the

2-10 form and by the date required by the department.

2-11 3. Not more than 14 working days after the results of the examinations

2-12 are reported to the department by a private entity that scored the

2-13 examinations or the department completes the scoring of the examinations,

2-14 the superintendent of public instruction shall certify that the results of the

2-15 examinations have been transmitted to each school district and each charter

2-16 school. Not more than 10 working days after a school district receives the

2-17 results of the examinations, the superintendent of [public instruction]

2-18 schools of the school district shall certify that the results of the

2-19 examinations have been transmitted to each school within the school

2-20 district. Not more than [10] 15 working days after each school receives the

2-21 results of the examinations, the principal of each school and the governing

2-22 body of each charter school shall certify that the results for each pupil have

2-23 been provided to the parent or legal guardian of the pupil:

2-24 (a) During a conference between the teacher of the pupil or administrator

2-25 of the school and the parent or legal guardian of the pupil; or

2-26 (b) By mailing the results of the examinations to the last known address

2-27 of the parent or legal guardian of the pupil.

2-28 4. Different standards of proficiency may be adopted for pupils with

2-29 diagnosed learning disabilities. If different standards of proficiency are

2-30 adopted or other modifications or accommodations are made in the

2-31 administration of the examinations for a pupil who is enrolled in a program

2-32 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

2-33 than a gifted and talented pupil, the different standards adopted or other

2-34 modifications or accommodations must be set forth in the pupil’s program

2-35 of special education developed in accordance with the Individuals with

2-36 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

2-37 prescribed by the state board. A pupil with a disability may take an

2-38 examination with modifications or accommodations that are not approved

2-39 by the publisher of the examination. The results of such an examination

2-40 must not be reported pursuant to subsection 2 of NRS 389.017.

2-41 5. If a pupil fails to demonstrate at least adequate achievement on the

2-42 examination administered before the completion of grade 4, 8 or 10, he may

2-43 be promoted to the next higher grade, but the results of his examination

3-1 must be evaluated to determine what remedial study is appropriate. If such a

3-2 pupil is enrolled at a school that has been designated as demonstrating

3-3 inadequate achievement pursuant to NRS 385.367 the pupil must, in

3-4 accordance with the requirements set forth in this subsection, complete a

3-5 program of remedial study pursuant to NRS 385.389.

3-6 6. If a pupil fails to pass the proficiency examination administered

3-7 before the completion of grade 11, he must not be graduated until he is able,

3-8 through remedial study, to pass the proficiency examination, but he may be

3-9 given a certificate of attendance, in place of a diploma, if he has reached the

3-10 age of 17 years.

3-11 7. The state board shall prescribe standard examinations of achievement

3-12 and proficiency to be administered pursuant to subsection 1. The

3-13 examinations on reading, mathematics and science prescribed for grades 4,

3-14 8 and 10 must be selected from examinations created by private entities and

3-15 administered to a national reference group, and must allow for a comparison

3-16 of the achievement and proficiency of pupils in grades 4, 8 and 10 in this

3-17 state to that of a national reference group of pupils in grades 4, 8 and 10.

3-18 The questions contained in the examinations and the approved answers used

3-19 for grading them are confidential, and disclosure is unlawful except:

3-20 (a) To the extent necessary for administering and evaluating the

3-21 examinations.

3-22 (b) That a disclosure may be made to a [state] :

3-23 (1) State officer who is a member of the executive or legislative

3-24 branch to the extent that it is related to the performance of [that officer’s

3-25 duties.] his duties;

3-26 (2) Superintendent of schools of a school district to the extent that it

3-27 is related to the performance of his duties;

3-28 (3) Director of curriculum of a school district to the extent that it is

3-29 related to the performance of his duties; and

3-30 (4) Director of testing of a school district to the extent that it is

3-31 related to the performance of his duties.

3-32 (c) That specific questions and answers may be disclosed if the

3-33 superintendent of public instruction determines that the content of the

3-34 questions and answers is not being used in a current examination and

3-35 making the content available to the public poses no threat to the security of

3-36 the current examination process.

3-37 Sec. 2. NRS 389.017 is hereby amended to read as follows:

3-38 389.017 1. The state board shall prescribe regulations requiring that

3-43 10th and 11th grades to public school pupils of the district and charter

4-1 schools. The state board shall not include in the regulations any provision

4-2 which would violate the confidentiality of the test scores of any individual

4-3 pupil.

4-4 2. The results of examinations administered to all pupils must be

4-5 reported for each school, including, without limitation, each charter school,

4-6 school district and this state as follows:

4-7 (a) The average score of pupils with disabilities for whom different

4-8 standards of achievement are adopted or other modifications or

4-9 accommodations are made if [such] :

4-10 (1) The modifications or accommodations are approved by the

4-11 publisher of the examination; and

4-12 (2) Such reporting does not violate the confidentiality of the test

4-13 scores of any individual pupil;

4-14 (b) The average score of pupils for whom different standards of

4-15 achievement were not adopted or other modifications or accommodations

4-16 were not made; and

4-17 (c) The average score of all pupils who were tested [.] , except for pupils

4-18 with disabilities who took an examination with modifications or

4-19 accommodations that are not approved by the publisher of the

4-20 examination.

4-21 3. On or before November 1 of each year, each school district and each

4-22 charter school shall report to the department the following information for

4-23 each examination administered in the public schools in the school district or

4-24 charter school:

4-25 (a) The examination administered;

4-26 (b) The grade level or levels of pupils to whom the examination was

4-27 administered;

4-28 (c) The costs incurred by the school district or charter school in

4-29 administering each examination; and

4-30 (d) The purpose, if any, for which the results of the examination are used

4-31 by the school district or charter school.

4-32 On or before December 1 of each year, the department shall transmit to the

4-33 budget division of the department of administration and the fiscal analysis

4-34 division of the legislative counsel bureau the information submitted to the

4-35 department pursuant to this subsection.

4-36 4. The superintendent of schools of each school district and the

4-37 governing body of each charter school shall certify that the number of pupils

4-38 who took the examinations required pursuant to NRS 389.015 is equal to

4-39 the number of pupils who are enrolled in each school in the school district

4-40 or in the charter school who are required to take the examinations except for

4-41 those pupils who are exempt from taking the examinations. A pupil may be

4-42 exempt from taking the examinations if:

5-1 (a) His primary language is not English and his proficiency in the

5-2 English language is below the average proficiency of pupils at the same

5-3 grade level [;] as measured by an assessment of proficiency in the English

5-4 language prescribed by the state board; or

5-5 (b) He is enrolled in a program of special education pursuant to NRS

5-6 388.440 to 388.520, inclusive, and his program of special education

5-7 specifies that he is exempt from taking the examinations.

5-8 5. In addition to the information required by subsection 3, the

5-9 superintendent of public instruction shall:

5-10 (a) Report the number of pupils who were not exempt from taking the

5-11 examinations but were absent from school on the day that the examinations

5-12 were administered; and

5-13 (b) Reconcile the number of pupils who were required to take the

5-14 examinations with the number of pupils who were exempt from taking the

5-15 examinations or absent from school on the day that the examinations were

5-16 administered.

5-17 6. The state board shall prescribe an assessment of proficiency in the

5-18 English language for pupils whose primary language is not English to

5-19 determine which pupils are exempt from the examinations pursuant to

5-20 paragraph (a) of subsection 4.

5-21 Sec. 3. NRS 391.312 is hereby amended to read as follows:

5-22 391.312 1. A teacher may be suspended, dismissed or not reemployed

5-43 to subscribe to communistic philosophy;

6-1 (n) Any cause which constitutes grounds for the revocation of a teacher’s

6-2 license;

6-3 (o) Willful neglect or failure to observe and carry out the requirements of

6-4 this Title; [or]

6-5 (p) Dishonesty [.] ; or

6-6 (q) Breaches in the security or confidentiality of the questions and

6-7 answers of the achievement and proficiency examinations that are

6-8 administered pursuant to NRS 389.015.

6-9 2. In determining whether the professional performance of a licensed

6-10 employee is inadequate, consideration must be given to the regular and

6-11 special evaluation reports prepared in accordance with the policy of the

6-12 employing school district and to any written standards of performance

6-13 which may have been adopted by the board.

6-14 Sec. 4. NRS 391.330 is hereby amended to read as follows:

6-15 391.330 The state board may suspend or revoke the license of any

6-35 administered pursuant to NRS 389.015.

6-36 Sec. 5. This act becomes effective on July 1, 1999.