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 a pupil with a disability is unable to take

2-30 an examination under regular testing conditions or with modifications

2-31 and accommodations that are approved by the publisher of the

2-32 examination, the pupil may take the examination with modifications and

2-33 accommodations approved by the state board pursuant to subsection 8.

2-34 The results of such an examination must not be reported pursuant to

2-35 subsection 2 of NRS 389.017. If different standards of proficiency are

2-36 adopted or other modifications or accommodations are made in the

2-37 administration of the examinations for a pupil who is enrolled in a program

2-38 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

2-39 than a gifted and talented pupil, the different standards adopted or other

2-40 modifications or accommodations must be set forth in the pupil’s program

2-41 of special education developed in accordance with the Individuals with

2-42 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

2-43 prescribed by the state board.

3-1 5. If a pupil fails to demonstrate at least adequate achievement on the

3-2 examination administered before the completion of grade 4, 8 or 10, he may

3-3 be promoted to the next higher grade, but the results of his examination

3-4 must be evaluated to determine what remedial study is appropriate. If such a

3-5 pupil is enrolled at a school that has been designated as demonstrating

3-6 inadequate achievement pursuant to NRS 385.367 the pupil must, in

3-7 accordance with the requirements set forth in this subsection, complete a

3-8 program of remedial study pursuant to NRS 385.389.

3-9 6. If a pupil fails to pass the proficiency examination administered

3-10 before the completion of grade 11, he must not be graduated until he is able,

3-11 through remedial study, to pass the proficiency examination, but he may be

3-12 given a certificate of attendance, in place of a diploma, if he has reached the

3-13 age of 17 years.

3-14 7. The state board shall prescribe standard examinations of achievement

3-15 and proficiency to be administered pursuant to subsection 1. The

3-16 examinations on reading, mathematics and science prescribed for grades 4,

3-17 8 and 10 must be selected from examinations created by private entities and

3-18 administered to a national reference group, and must allow for a comparison

3-19 of the achievement and proficiency of pupils in grades 4, 8 and 10 in this

3-20 state to that of a national reference group of pupils in grades 4, 8 and 10.

3-21 The questions contained in the examinations and the approved answers used

3-22 for grading them are confidential, and disclosure is unlawful except:

3-23 (a) To the extent necessary for administering and evaluating the

3-24 examinations.

3-25 (b) That a disclosure may be made to a [state] :

3-26 (1) State officer who is a member of the executive or legislative

3-27 branch to the extent that it is related to the performance of [that officer’s

3-28 duties.] his duties;

3-29 (2) Superintendent of schools of a school district to the extent that it

3-30 is related to the performance of his duties;

3-31 (3) Director of curriculum of a school district to the extent that it is

3-32 related to the performance of his duties; and

3-33 (4) Director of testing of a school district to the extent that it is

3-34 related to the performance of his duties.

3-35 (c) That specific questions and answers may be disclosed if the

3-36 superintendent of public instruction determines that the content of the

3-37 questions and answers is not being used in a current examination and

3-38 making the content available to the public poses no threat to the security of

3-39 the current examination process.

3-40 8. The state board shall prescribe, in accordance with the Individuals

3-41 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

3-42 modifications and accommodations that may be used in the

3-43 administration of an examination to a pupil with a disability who is

4-1 unable to take the examination under regular testing conditions or with

4-2 the modifications and accommodations approved by the publisher of the

4-3 examination.

4-4 Sec. 2. NRS 389.017 is hereby amended to read as follows:

4-5 389.017 1. The state board shall prescribe regulations requiring that

4-43 budget division of the department of administration and the fiscal analysis

5-1 division of the legislative counsel bureau the information submitted to the

5-2 department pursuant to this subsection.

5-3 4. The superintendent of schools of each school district and the

5-4 governing body of each charter school shall certify that the number of pupils

5-5 who took the examinations required pursuant to NRS 389.015 is equal to

5-6 the number of pupils who are enrolled in each school in the school district

5-7 or in the charter school who are required to take the examinations except for

5-8 those pupils who are exempt from taking the examinations. A pupil may be

5-9 exempt from taking the examinations if:

5-10 (a) His primary language is not English and his proficiency in the

5-11 English language is below the average proficiency of pupils at the same

5-12 grade level [;] as measured by an assessment of proficiency in the English

5-13 language prescribed by the state board; or

5-14 (b) He is enrolled in a program of special education pursuant to NRS

5-15 388.440 to 388.520, inclusive, and his program of special education

5-16 specifies that he is exempt from taking the examinations.

5-17 5. In addition to the information required by subsection 3, the

5-18 superintendent of public instruction shall:

5-19 (a) Report the number of pupils who were not exempt from taking the

5-20 examinations but were absent from school on the day that the examinations

5-21 were administered; and

5-22 (b) Reconcile the number of pupils who were required to take the

5-23 examinations with the number of pupils who were exempt from taking the

5-24 examinations or absent from school on the day that the examinations were

5-25 administered.

5-26 6. The state board shall prescribe an assessment of proficiency in the

5-27 English language for pupils whose primary language is not English to

5-28 determine which pupils are exempt from the examinations pursuant to

5-29 paragraph (a) of subsection 4.

5-30 Sec. 3. NRS 391.312 is hereby amended to read as follows:

5-31 391.312 1. A teacher may be suspended, dismissed or not reemployed

5-43 (i) Inadequate performance;

6-1 (j) Evident unfitness for service;

6-2 (k) Failure to comply with such reasonable requirements as a board may

6-3 prescribe;

6-4 (l) Failure to show normal improvement and evidence of professional

6-5 training and growth;

6-6 (m) Advocating overthrow of the Government of the United States or of

6-7 the State of Nevada by force, violence or other unlawful means, or the

6-8 advocating or teaching of communism with the intent to indoctrinate pupils

6-9 to subscribe to communistic philosophy;

6-10 (n) Any cause which constitutes grounds for the revocation of a teacher’s

6-11 license;

6-12 (o) Willful neglect or failure to observe and carry out the requirements of

6-13 this Title; [or]

6-14 (p) Dishonesty [.] ; or

6-15 (q) Breaches in the security or confidentiality of the questions and

6-16 answers of the achievement and proficiency examinations that are

6-17 administered pursuant to NRS 389.015.

6-18 2. In determining whether the professional performance of a licensed

6-19 employee is inadequate, consideration must be given to the regular and

6-20 special evaluation reports prepared in accordance with the policy of the

6-21 employing school district and to any written standards of performance

6-22 which may have been adopted by the board.

6-23 Sec. 4. NRS 391.330 is hereby amended to read as follows:

6-24 391.330 The state board may suspend or revoke the license of any

6-41 employees.

7-1 8. Breaches in the security or confidentiality of the questions and

7-2 answers of the achievement and proficiency examinations that are

7-3 administered pursuant to NRS 389.015.

7-4 Sec. 5. This act becomes effective on July 1, 1999.