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   and Facilities

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

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

1. body of each charter school shall certify that the results for each pupil have

1. been provided to the parent or legal guardian of the pupil:

1. (a) During a conference between the teacher of the pupil or administrator

1. of the school and the parent or legal guardian of the pupil; or

1. (b) By mailing the results of the examinations to the last known address

1. of the parent or legal guardian of the pupil.

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

1. adopted or other modifications or accommodations are made in the

1. administration of the examinations for a pupil who is enrolled in a program

1. of special education pursuant to NRS 388.440 to 388.520, inclusive, other

1. than a gifted and talented pupil, the different standards adopted or other

1. modifications or accommodations must be set forth in the pupil’s program

1. of special education developed in accordance with the Individuals with

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

1. prescribed by the state board.

1. 5. If a pupil fails to demonstrate at least adequate achievement on the

1. examination administered before the completion of grade 4, 8 or 10, he may

1. be promoted to the next higher grade, but the results of his examination

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

1. pupil is enrolled at a school that has been designated as demonstrating

1. inadequate achievement pursuant to NRS 385.367 the pupil must, in

1. accordance with the requirements set forth in this subsection, complete a

1. program of remedial study pursuant to NRS 385.389.

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

1. before the completion of grade 11, he must not be graduated until he is able,

1. through remedial study, to pass the proficiency examination, but he may be

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

1. age of 17 years.

1. 7. The state board shall prescribe standard examinations of achievement

1. and proficiency to be administered pursuant to subsection 1. The

1. examinations on reading, mathematics and science prescribed for grades 4,

1. 8 and 10 must be selected from examinations created by private entities and

1. administered to a national reference group, and must allow for a comparison

1. of the achievement and proficiency of pupils in grades 4, 8 and 10 in this

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

1. The questions contained in the examinations and the approved answers used

1. for grading them are confidential, and disclosure is unlawful except:
2. (a) To the extent necessary for administering and evaluating the

1. examinations.

1. superintendent of public instruction determines that the content of the

1. questions and answers is not being used in a current examination and

1. making the content available to the public poses no threat to the security of

1. the current examination process.

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

1. 389.017 1. The state board shall prescribe regulations requiring that

1. scores of any individual pupil;
2. (b) The average score of pupils for whom different standards of

1. achievement were not adopted or other modifications or accommodations

1. were not made; and

1. charter school shall report to the department the following information for

1. each examination administered in the public schools in the school district or

1. charter school:

1. (a) The examination administered;

1. (b) The grade level or levels of pupils to whom the examination was

1. administered;

1. (c) The costs incurred by the school district or charter school in

1. administering each examination; and

1. (d) The purpose, if any, for which the results of the examination are used

1. by the school district or charter school.

1. On or before December 1 of each year, the department shall transmit to the

1. budget division of the department of administration and the fiscal analysis

1. division of the legislative counsel bureau the information submitted to the

1. department pursuant to this subsection.

1. 4. The superintendent of schools of each school district and the

1. governing body of each charter school shall certify that the number of pupils

1. who took the examinations required pursuant to NRS 389.015 is equal to

1. the number of pupils who are enrolled in each school in the school district

1. or in the charter school who are required to take the examinations except for

1. those pupils who are exempt from taking the examinations. A pupil may be

1. exempt from taking the examinations if:

English language is below the average proficiency of pupils at the same

1. (b) He is enrolled in a program of special education pursuant to NRS

1. 388.440 to 388.520, inclusive, and his program of special education

1. specifies that he is exempt from taking the examinations.

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

1. superintendent of public instruction shall:

1. (a) Report the number of pupils who were not exempt from taking the

1. examinations but were absent from school on the day that the examinations

1. were administered; and

1. (b) Reconcile the number of pupils who were required to take the

1. examinations with the number of pupils who were exempt from taking the

1. examinations or absent from school on the day that the examinations were

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

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

1. which may have been adopted by the board.

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

1. 391.330 The state board may suspend or revoke the license of any

1. .
2. 2. Evident unfitness for service.

1. 3. Physical or mental incapacity which renders the teacher,

1. administrator or other licensed employee unfit for service.

1. 4. Conviction of a felony or crime involving moral turpitude.

1. 5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190,

1. 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a

1. county school district was the victim.

1. 6. Knowingly advocating the overthrow of the Federal Government or

1. of the State of Nevada by force, violence or unlawful means.

1. 7. Persistent defiance of or refusal to obey the regulations of the state

1. board, the commission or the superintendent of public instruction, defining

1. and governing the duties of teachers, administrators and other licensed

1. employees.

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

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