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 385 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2, 3 and 4 of this act.

1-3 Sec. 2. 1. The Nevada state board of education, consisting of nine

1-4 members, is hereby created.

1-5 2. The governor shall appoint five members to the state board as

1-6 follows:

1-7 (a) Three representatives of southern Nevada;

1-8 (b) One representative of northern Nevada; and

1-9 (c) One representative of rural Nevada.

1-10 3. The majority leader of the senate and the speaker of the assembly

1-11 shall each appoint two members to the state board.

1-12 4. After the initial terms, the members of the state board serve terms

1-13 of 4 years. A vacancy in the membership of the state board must be filled

1-14 in the same manner as the original appointment for the remainder of the

1-15 unexpired term.

1-16 Sec. 3. 1. There is hereby created the business and education

1-17 coalition of Nevada consisting of nine members.

1-18 2. The governor shall appoint four members to the coalition as

1-19 follows:

2-1 (a) Three representatives of private business or industry; and

2-2 (b) One superintendent of schools of a school district.

2-3 3. The majority leader of the senate shall appoint two members to the

2-4 coalition as follows:

2-5 (a) One senator; and

2-6 (b) One representative of a private business or industry.

2-7 4. The speaker of the assembly shall appoint two members to the

2-8 coalition as follows:

2-9 (a) One assemblyman; and

2-10 (b) One representative of a private business or industry.

2-11 5. The board of regents of the University of Nevada shall appoint one

2-12 member to the coalition who is a representative of higher education.

2-13 6. Members of the coalition serve terms of 2 years. A vacancy in the

2-14 membership of the coalition must be filled for the remainder of the

2-15 unexpired term in the same manner as the original appointment.

2-16 7. For each day or portion of a day during which a member of the

2-17 coalition who is a legislator attends a meeting of the coalition or is

2-18 otherwise engaged in the work of the coalition, except during a regular

2-19 or special session of the legislature, he is entitled to receive the:

2-20 (a) Compensation provided for a majority of the members of the

2-21 legislature during the first 60 days of the preceding session;

2-22 (b) Per diem allowance provided for state officers and employees

2-23 generally; and

2-24 (c) Travel expenses provided pursuant to NRS 218.2207.

2-25 8. A member of the coalition who is not a legislator is entitled to

2-26 receive the per diem allowance and travel expenses provided for state

2-27 officers and employees generally for each day or portion of a day during

2-28 which he attends a meeting of the coalition or is otherwise engaged in the

2-29 business of the coalition.

2-30 9. The coalition shall:

2-31 (a) Prepare a plan for improving the public schools in this state;

2-32 (b) Submit the plan and any recommendations for carrying out the

2-33 plan to the legislative committee on education, the governor and the state

2-34 board; and

2-35 (c) Provide a forum for the open discussion of methods to improve the

2-36 public schools in this state and develop compromises.

2-37 10. The legislative counsel bureau shall provide administrative

2-38 support to the coalition.

2-39 Sec. 4. 1. Each school district shall report for each school within

2-40 the school district that received a designation as demonstrating

2-41 inadequate achievement pursuant to NRS 385.367, if any, the amount of

2-42 money expended for the:

3-1 (a) Professional development of teachers to carry out the remedial

3-2 programs required pursuant to NRS 385.389; and

3-3 (b) Plan to improve the achievement of the school.

3-4 2. The report prepared pursuant to subsection 1 must be submitted to

3-5 the:

3-6 (a) Governor;

3-7 (b) State board;

3-8 (c) Committee; and

3-9 (d) Bureau.

3-10 Sec. 5. NRS 385.007 is hereby amended to read as follows:

3-11 385.007 As used in this Title, unless the context otherwise requires:

3-20 4. "State board" means the Nevada state board of education.

3-21 Sec. 6. NRS 385.110 is hereby amended to read as follows:

3-22 385.110 1. Except as otherwise provided in subsections 2 and 3, the

3-36 required for promotion to the next grade or graduation from high school.

3-37 Sec. 7. NRS 385.150 is hereby amended to read as follows:

3-38 385.150 1. The state board shall appoint the superintendent of

3-42 malfeasance in office or for other just cause.

4-1 2. A vacancy must be filled by the state board [shall fill any vacancy]

4-2 for the remainder of the unexpired term.

4-3 [2.] 3. The superintendent of public instruction is in the unclassified

4-4 service of the state.

4-5 Sec. 8. NRS 385.230 is hereby amended to read as follows:

4-6 385.230 1. The superintendent of public instruction shall report to

4-12 matters relating to education in this state.

4-13 Sec. 9. NRS 385.3455 is hereby amended to read as follows:

4-14 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and section

4-17 in those sections.

4-18 Sec. 10. NRS 385.363 is hereby amended to read as follows:

4-19 385.363 [The]

4-33 in a grade level that is tested pursuant to NRS 389.015.

4-34 Sec. 11. NRS 386.550 is hereby amended to read as follows:

4-35 386.550 A charter school shall:

4-43 5. Comply with the provisions of chapter 241 of NRS.

5-1 6. Schedule and provide annually at least as many days of instruction

5-2 as are required of other public schools located in the same school district as

5-3 the charter school is located.

5-4 7. Cooperate with the board of trustees of the school district in the

5-5 administration of the achievement and proficiency examinations

5-6 administered pursuant to NRS 389.015 and the examinations required

5-7 pursuant to section 24 of this act to the pupils who are enrolled in the

5-8 charter school.

5-9 8. Comply with applicable statutes and regulations governing the

5-10 achievement and proficiency of pupils in this state.

5-11 9. Provide instruction in the core academic subjects set forth in

5-12 subsection 1 of section 22 of this act, as applicable for the grade levels of

5-13 pupils who are enrolled in the charter school, and provide at least the

5-14 courses of instruction that are required of pupils by statute or regulation for

5-15 promotion to the next grade or graduation from a public high school and

5-16 require the pupils who are enrolled in the charter school to take those

5-17 courses of study. This subsection does not preclude a charter school from

5-18 offering, or requiring the pupils who are enrolled in the charter school to

5-19 take, other courses of study that are required by statute or regulation.

5-20 10. Provide instruction on acquired immune deficiency syndrome and

5-21 the human reproductive system, related to communicable diseases and

5-22 sexual responsibility in accordance with NRS 389.065.

5-23 11. Adhere to the same transportation policy that is in effect in the

5-24 school district in which the charter school is located.

5-25 Sec. 12. Chapter 387 of NRS is hereby amended by adding thereto the

5-26 provisions set forth as sections 13 and 14 of this act.

5-27 Sec. 13. The department shall:

5-28 1. Conduct an annual financial audit of each school district;

5-29 2. In preparing the request for the state distributive school account

5-30 for inclusion in the biennial budget, consult with the superintendent of

5-31 schools of each school district, or a person designated by the

5-32 superintendent; and

5-33 3. Provide, in consultation with the budget division of the department

5-34 of administration and the fiscal analysis division of the legislative

5-35 counsel bureau, training to the financial officers of school districts in

5-36 matters relating to financial accountability.

5-37 Sec. 14. When administering money received from the Federal

5-38 Government, the superintendent of public instruction, the department or

5-39 the state board, as applicable, shall, to the extent practicable, administer

5-40 the money in a manner that is designed to attain the goals of the

5-41 legislature regarding educational reform in this state.

6-1 Sec. 15. NRS 387.303 is hereby amended to read as follows:

6-2 387.303 1. Not later than November 10 of each year, the board of

6-42 fiscal years.

7-1 [(i)] (j) The amount paid for extra duties, supervision of extracurricular

7-2 activities and supplemental pay and the number of employees receiving that

7-3 pay in the preceding and current fiscal years.

7-4 2. On or before November 25 of each year, the superintendent of

7-5 public instruction shall submit to the department of administration and the

7-6 fiscal analysis division of the legislative counsel bureau, in a format

7-7 approved by the director of the department of administration, a compilation

7-8 of the reports made by each school district pursuant to subsection 1.

7-9 3. The superintendent of public instruction shall, in the compilation

7-10 required by subsection 2, reconcile the revenues and expenditures of the

7-11 school districts with the apportionment received by those districts from the

7-12 state distributive school account for the preceding year.

7-13 Sec. 16. NRS 388.730 is hereby amended to read as follows:

7-14 388.730 1. There is hereby created as a special revenue fund, the

7-35 money may be so transferred.

7-36 Sec. 17. Chapter 389 of NRS is hereby amended by adding thereto the

7-37 provisions set forth as sections 18 to 28, inclusive, of this act.

7-38 Sec. 18. As used in sections 18 to 28, inclusive, of this act, "council"

7-39 means the council to establish academic standards for public schools.

7-40 Sec. 19. 1. The council to establish academic standards for public

7-41 schools, consisting of eight members, is hereby created. The membership

7-42 of the council consists of:

8-1 (a) Four members appointed by the governor in accordance with

8-2 subsection 2;

8-3 (b) Two members appointed by the majority leader of the senate in

8-4 accordance with subsection 3; and

8-5 (c) Two members appointed by the speaker of the assembly in

8-6 accordance with subsection 3.

8-7 2. The governor shall ensure that:

8-8 (a) Two of the members whom he appoints to the council are parents

8-9 or legal guardians of pupils who attend public schools. These members

8-10 must not otherwise be affiliated with the public school system of this

8-11 state.

8-12 (b) Two of the members whom he appoints to the council are licensed

8-13 educational personnel.

8-14 (c) Insofar as practicable, the members whom he appoints to the

8-15 council reflect the ethnic and geographical diversity of this state.

8-16 3. The majority leader of the senate and the speaker of the assembly

8-17 shall each ensure that:

8-18 (a) One of the members whom he appoints to the council is a member

8-19 of the house of the legislature to which he belongs.

8-20 (b) The other member whom he appoints to the council is a

8-21 representative of a private business or industry that may be affected by

8-22 actions taken by the council.

8-23 4. Each member of the council must be a resident of this state.

8-24 5. After the initial terms, the term of each member of the council is 4

8-25 years. The person or entity who appoints a member to the council may

8-26 remove that member if the member neglects his duty or commits

8-27 malfeasance in office, or for other just cause. A vacancy in the

8-28 membership of the council must be filled for the remainder of the

8-29 unexpired term in the same manner as the original appointment.

8-30 6. The governor shall select a chairman from among the

8-31 membership of the council in accordance with this subsection. The

8-32 governor shall not select as chairman a member of the council who is

8-33 otherwise affiliated with the public school system in this state. This

8-34 subsection does not preclude the governor from selecting a parent or

8-35 legal guardian of a pupil as chairman if the parent or legal guardian is

8-36 not otherwise affiliated with the public school system in this state. The

8-37 chairman holds the position for 2 years.

8-38 7. For each day or portion of a day during which a member of the

8-39 council who is a legislator attends a meeting of the council or is

8-40 otherwise engaged in the work of the council, except during a regular or

8-41 special session of the legislature, he is entitled to receive the:

8-42 (a) Compensation provided for a majority of the members of the

8-43 legislature during the first 60 days of the preceding session;

9-1 (b) Per diem allowance provided for state officers and employees

9-2 generally; and

9-3 (c) Travel expenses provided pursuant to NRS 218.2207.

9-4 The compensation, per diem allowances and travel expenses of the

9-5 legislative members of the council must be paid from the legislative fund.

9-6 8. Members of the council who are not legislators serve without

9-7 salary, but are entitled to receive the per diem allowance and travel

9-8 expenses provided for state officers and employees generally.

9-9 Sec. 20. The council shall:

9-10 1. Establish standards of content and performance, including,

9-11 without limitation, a prescription of the resulting level of achievement,

9-12 for each grade level in Kindergarten and grades 1 to 8, inclusive, and by

9-13 subject matter in high school, based upon the content of each course,

9-14 that is expected of pupils for the following courses of study:

9-15 (a) English, including reading, composition and writing;

9-16 (b) Mathematics;

9-17 (c) Science;

9-18 (d) Social studies, which includes only the subjects of history,

9-19 geography, economics and government;

9-20 (e) The arts;

9-21 (f) Computer education and technology;

9-22 (g) Health; and

9-23 (h) Physical education.

9-24 2. Establish a schedule for the periodic review and, if necessary,

9-25 revision of the standards of content and performance.

9-26 3. Prescribe, in consultation with the advisory committee on testing

9-27 created pursuant to section 27 of this act, examinations that measure the

9-28 achievement and proficiency of pupils in grades 3, 5 and 8 on the

9-29 standards of content established by the council pursuant to paragraphs

9-30 (a) to (d), inclusive, of subsection 1, other than the examinations

9-31 administered pursuant to NRS 389.015.

9-32 Sec. 21. 1. The department shall provide:

9-33 (a) Administrative support;

9-34 (b) Equipment; and

9-35 (c) Office space,

9-36 as is necessary for the council to carry out its duties.

9-37 2. The council may request assistance from any agency of this state

9-38 if such assistance is necessary for the council to carry out its duties.

9-39 Sec. 22. 1. The following subjects are designated as the core

9-40 academic subjects that must be taught, in accordance with the standards

9-41 of content and performance established for grade levels by the council, in

9-42 all public schools, the Caliente youth center and the Nevada youth

9-43 training center:

10-1 (a) English, including reading, composition and writing;

10-2 (b) Mathematics;

10-3 (c) Science; and

10-4 (d) Social studies, which includes only the subjects of history,

10-5 geography, economics and government.

10-6 2. Except as otherwise provided in this subsection, in addition to the

10-7 core academic subjects, the following subjects must be taught, in

10-8 accordance with the standards of content and performance established

10-9 for grade levels by the council and to the extent practicable, in all public

10-10 schools, the Caliente youth center and the Nevada youth training center:

10-11 (a) The arts;

10-12 (b) Computer education and technology;

10-13 (c) Health; and

10-14 (d) Physical education.

10-15 If the state board requires the completion of course work in a subject

10-16 area set forth in this subsection for graduation from high school or

10-17 promotion to the next grade, a public school shall offer the required

10-18 course work. Unless a subject is required for graduation from high

10-19 school or promotion to the next grade, a charter school is not required to

10-20 comply with this subsection.

10-21 3. The state board shall adopt regulations establishing courses of

10-22 study, and the grade levels to which the courses of study apply, for:

10-23 (a) The academic subjects set forth in subsections 1 and 2.

10-24 (b) Citizenship and physical training for pupils enrolled in high

10-25 school.

10-26 (c) Physiology, hygiene and cardiopulmonary resuscitation.

10-27 (d) The prevention of suicide.

10-28 (e) Instruction relating to child abuse.

10-29 (f) The economics of the American system of free enterprise.

10-30 (g) American Sign Language.

10-31 (h) Environmental education.

10-32 (i) Adult roles and responsibilities.

10-33 A course of study established for paragraph (a) may include one or more

10-34 of the subjects listed in paragraphs (b) to (i), inclusive.

10-35 4. The state board shall adopt regulations that require all public

10-36 schools to set aside appropriate time for patriotic observance.

10-37 Sec. 23. The board of trustees of each school district shall conduct a

10-38 periodic review of the courses of study offered in the public schools of the

10-39 school district to determine whether the courses of study comply with the

10-40 standards of content and performance established by the council

10-41 pursuant to section 20 of this act and if revision of the courses of study is

10-42 necessary to ensure compliance.

11-1 Sec. 24. 1. The board of trustees of each school district and the

11-2 governing body of each charter school shall administer the examinations

11-3 prescribed by the council pursuant to section 20 of this act. The

11-4 examinations must be:

11-5 (a) Administered to pupils in grades 3, 5 and 8 in each school district

11-6 and each charter school at the same time, as prescribed by the state

11-7 board.

11-8 (b) Administered in each school in accordance with uniform

11-9 procedures adopted by the state board. The department shall monitor the

11-10 school districts and individual schools to ensure compliance with the

11-11 uniform procedures.

11-12 2. The state board shall adopt regulations that require the board of

11-13 trustees of each school district and the governing body of each charter

11-14 school to submit to the superintendent of public instruction, the

11-15 department, the council and the legislative bureau of educational

11-16 accountability and program evaluation, in the form and manner

11-17 prescribed by the superintendent, the results of the examinations

11-18 administered pursuant to this section. The state board shall not include

11-19 in the regulations any provision that would violate the confidentiality of

11-20 the test scores of an individual pupil.

11-21 3. The results of the examinations administered pursuant to this

11-22 section must be reported for each school, including, without limitation,

11-23 each charter school, school district and this state, as follows:

11-24 (a) The average score of pupils with disabilities for whom different

11-25 standards of achievement are adopted or other modifications or

11-26 accommodations are made, if such reporting does not violate the

11-27 confidentiality of the test scores of any individual pupil;

11-28 (b) The average score of pupils for whom different standards of

11-29 achievement were not adopted or other modifications or accommodations

11-30 were not made; and

11-31 (c) The average score of all pupils who were tested.

11-32 4. The superintendent of schools of each school district and the

11-33 governing body of each charter school shall certify that the number of

11-34 pupils who took the examinations is equal to the number of pupils who

11-35 are enrolled in each school in the school district or in the charter school

11-36 who are required to take the examinations except for those pupils who

11-37 are exempt from taking the examinations. A pupil may be exempt from

11-38 taking the examinations if:

11-39 (a) His primary language is not English and his proficiency in the

11-40 English language is below the average proficiency of pupils at the same

11-41 grade level as measured by an assessment of proficiency in the English

11-42 language prescribed by the state board pursuant to subsection 7 of NRS

11-43 389.017; or

12-1 (b) He is enrolled in a program of special education pursuant to NRS

12-2 388.440 to 388.520, inclusive, and his program of special education

12-3 specifies that he is exempt from taking the examinations.

12-4 Sec. 25. The board of trustees of each school district shall review the

12-5 results of pupils enrolled in public schools within the school district on

12-6 the examinations administered pursuant to section 24 of this act. Based

12-7 upon such a review, the board of trustees of each school district shall:

12-8 1. Identify the need, if any, for the acquisition of the knowledge and

12-9 skills required of teachers to teach pupils the subjects relating to the

12-10 standards of content and performance; and

12-11 2. Recommend programs for the acquisition of the knowledge and

12-12 skills identified pursuant to subsection 1.

12-13 Sec. 26. 1. The council shall review the results of pupils on the

12-14 examinations administered pursuant to section 24 of this act, including,

12-15 without limitation, for each school in a school district and each charter

12-16 school that is located within a school district, a review of the results for

12-17 the current school year and a comparison of the progress, if any, made

12-18 by the pupils enrolled in the school from preceding school years.

12-19 2. After the completion of the review pursuant to subsection 1, the

12-20 council shall, in cooperation with the advisory committee on testing

12-21 created pursuant to section 27 of this act, evaluate:

12-22 (a) Whether the standards of content and performance established by

12-23 the council require revision;

12-24 (b) The success of pupils, as measured by the results of the

12-25 examinations, in achieving the standards of performance prescribed by

12-26 the council; and

12-27 (c) Whether pupils who are enrolled in schools that are designated as

12-28 demonstrating high achievement or adequate achievement pursuant to

12-29 NRS 385.365 receive scores on the examinations administered pursuant

12-30 to section 24 of this act that are higher than the scores received by pupils

12-31 who are enrolled in schools that are designated as demonstrating

12-32 inadequate achievement pursuant to NRS 385.367.

12-33 3. The council shall report the results of the evaluation conducted

12-34 pursuant to subsection 2 to the legislative committee on education.

12-35 Sec. 27. 1. There is hereby created an advisory committee on

12-36 testing, consisting of 11 members, to advise the council on issues relating

12-37 to the testing of pupils.

12-38 2. The governor shall appoint five members to the advisory

12-39 committee as follows:

12-40 (a) Four representatives of school districts who are responsible for

12-41 overseeing the administration of the examinations given to pupils

12-42 pursuant to section 24 of this act within their respective school districts,

12-43 including, without limitation, testing directors and testing administrators.

13-1 At least one member appointed by the governor pursuant to this

13-2 paragraph must be employed by the board of trustees of a school district

13-3 in a county whose population is less than 100,000. Not more than two

13-4 members appointed by the governor pursuant to this paragraph may be

13-5 employed by the board of trustees of the same school district.

13-6 (b) One representative of the University and Community College

13-7 System of Nevada who possesses knowledge and experience in the

13-8 assessment of pupils who are enrolled in public schools, nominated for

13-9 appointment by the board of regents.

13-10 3. The majority leader of the senate and the speaker of the assembly

13-11 shall each appoint two members to the advisory committee as follows:

13-12 (a) One parent or legal guardian of a pupil who is enrolled in a public

13-13 school in this state; and

13-14 (b) One representative of a private business or industry.

13-15 4. The superintendent of public instruction shall appoint one

13-16 representative of the department who possesses knowledge and

13-17 experience in the assessment of pupils.

13-18 5. The chief of the budget division of the department of

13-19 administration shall appoint one representative of the budget division.

13-20 6. The advisory committee shall elect a chairman from among its

13-21 members.

13-22 7. The members of the advisory committee serve at the pleasure of

13-23 the appointing authority. A vacancy in the membership of the advisory

13-24 committee must be filled in the same manner as the original

13-25 appointment.

13-26 8. Each member of the advisory committee serves without

13-27 compensation, except that, for each day or portion of a day during which

13-28 a member attends a meeting of the advisory committee or is otherwise

13-29 engaged in the business of the advisory committee, he is entitled to

13-30 receive the per diem allowance and travel expenses provided for state

13-31 officers and employees generally.

13-32 9. The advisory committee shall provide reasonable advance notice

13-33 of all meetings of the advisory committee and a reasonable opportunity to

13-34 attend the meetings to representatives of the legislative bureau of

13-35 educational accountability and program evaluation.

13-36 Sec. 28. The advisory committee on testing created pursuant to

13-37 section 27 of this act shall advise the council on issues relating to the

13-38 testing of pupils and assist the council in conducting an evaluation

13-39 pursuant to section 26 of this act.

13-40 Sec. 29. NRS 389.010 is hereby amended to read as follows:

13-41 389.010 [Except as otherwise provided in NRS 389.170 and 389.180,]

13-43 schools [the courses] :

14-1 1. The standards of content and performance established by the

14-2 council to establish academic standards for public schools; and

14-3 2. Except as otherwise provided in NRS 389.180, the courses of study

14-4 prescribed and adopted by the state board.

14-5 Sec. 30. NRS 389.017 is hereby amended to read as follows:

14-6 389.017 1. The state board shall prescribe regulations requiring that

15-1 (d) The purpose, if any, for which the results of the examination are

15-2 used by the school district or charter school.

15-3 On or before December 1 of each year, the department shall transmit to the

15-4 budget division of the department of administration and the fiscal analysis

15-5 division of the legislative counsel bureau the information submitted to the

15-6 department pursuant to this subsection.

15-7 [4.] 5. The superintendent of schools of each school district and the

15-8 governing body of each charter school shall certify that the number of

15-9 pupils who took the examinations required pursuant to NRS 389.015 is

15-10 equal to the number of pupils who are enrolled in each school in the school

15-11 district or in the charter school who are required to take the examinations

15-12 except for those pupils who are exempt from taking the examinations. A

15-13 pupil may be exempt from taking the examinations if:

15-14 (a) His primary language is not English and his proficiency in the

15-15 English language is below the average proficiency of pupils at the same

15-16 grade level [;] as measured by an assessment of proficiency in the

15-17 English language prescribed by the state board; or

15-18 (b) He is enrolled in a program of special education pursuant to NRS

15-19 388.440 to 388.520, inclusive, and his program of special education

15-20 specifies that he is exempt from taking the examinations.

15-21 [5.] 6. In addition to the information required by subsection [3,] 4, the

15-22 superintendent of public instruction shall:

15-23 (a) Report the number of pupils who were not exempt from taking the

15-24 examinations but were absent from school on the day that the examinations

15-25 were administered; and

15-26 (b) Reconcile the number of pupils who were required to take the

15-27 examinations with the number of pupils who were exempt from taking the

15-28 examinations or absent from school on the day that the examinations were

15-29 administered.

15-30 7. The state board shall prescribe an assessment of proficiency in the

15-31 English language for pupils whose primary language is not English to

15-32 determine which pupils are exempt from the examinations pursuant to

15-33 paragraph (a) of subsection 5.

15-34 Sec. 31. NRS 390.005 is hereby amended to read as follows:

15-35 390.005 As used in this chapter, unless the context requires otherwise:

15-42 extend a basic program of instruction.

16-1 3. A basic or supplemental textbook becomes "unserviceable" when 4

16-2 years have elapsed since its removal from the adopted list.

16-3 Sec. 32. NRS 390.140 is hereby amended to read as follows:

16-4 390.140 1. The state board shall make the final selection of all

16-16 by men and women from various racial and ethnic backgrounds.

16-17 Sec. 33. Chapter 391 of NRS is hereby amended by adding thereto the

16-18 provisions set forth as sections 34 and 35 of this act.

16-19 Sec. 34. 1. An applicant for an endorsement to teach science or an

16-20 endorsement to teach mathematics must submit with his application a

16-21 complete set of transcripts of his academic record at colleges or other

16-22 educational institutions.

16-23 2. The superintendent of public instruction shall ensure that the

16-24 department:

16-25 (a) Reviews the transcripts submitted by each applicant for an

16-26 endorsement to teach science or mathematics; and

16-27 (b) Determines, in accordance with the regulations adopted by the

16-28 commission pursuant to subsection 4, whether the applicant must satisfy

16-29 additional conditions before he is eligible to renew his license with an

16-30 endorsement to teach science or mathematics, as applicable.

16-31 The review must include, without limitation, an identification of the level

16-32 of knowledge acquired by the teacher in the field of science or

16-33 mathematics, as applicable. If the department determines that the

16-34 applicant must satisfy additional conditions, the endorsement issued to

16-35 the applicant by the superintendent of public instruction must specifically

16-36 set forth in writing all such conditions on the endorsement. If the

16-37 department determines that the applicant is not required to satisfy

16-38 additional conditions before he is eligible to renew his license with an

16-39 endorsement to teach science or mathematics, the endorsement issued to

16-40 the applicant by the superintendent of public instruction must contain a

16-41 written statement to that effect.

16-42 3. The superintendent of public instruction shall not renew a license

16-43 with an endorsement to teach science or mathematics if the holder of the

17-1 license has not satisfactorily completed the conditions for renewal set

17-2 forth on his endorsement, if any. This subsection does not prohibit the

17-3 superintendent of public instruction from renewing the license of a

17-4 licensee without an endorsement to teach science or mathematics if the

17-5 licensee otherwise qualifies for renewal of his license.

17-6 4. The commission shall adopt regulations that prescribe:

17-7 (a) The process for review of the transcripts of an applicant for an

17-8 endorsement to teach science and an endorsement to teach mathematics.

17-9 (b) The conditions that may be placed on an endorsement to teach

17-10 science and an endorsement to teach mathematics before the holder of

17-11 the license is eligible to renew his license. Such conditions may include,

17-12 without limitation, additional course work that must be completed by the

17-13 holder of the license.

17-14 Sec. 35. 1. The department shall prepare and maintain a list that

17-15 identifies programs for the professional development of teachers and

17-16 administrators that successfully incorporate the standards of content and

17-17 performance established by the council to establish academic standards

17-18 for public schools pursuant to section 20 of this act. The department

17-19 shall provide the list to the school districts for dissemination to teachers

17-20 and administrators.

17-21 2. The board of trustees of each school district shall prepare a report

17-22 each year that includes:

17-23 (a) The courses of study and training, including, without limitation,

17-24 college courses, that the licensed teachers within the district attended in

17-25 the immediately preceding year; and

17-26 (b) The courses of study and training that were offered by the school

17-27 district in the immediately preceding year.

17-28 3. The board of trustees of each school shall submit the annual

17-29 report prepared pursuant to subsection 2 to the:

17-30 (a) State board;

17-31 (b) Commission;

17-32 (c) Legislative committee on education; and

17-33 (d) Legislative bureau of educational accountability and program

17-34 evaluation.

17-35 Sec. 36. NRS 391.011 is hereby amended to read as follows:

17-36 391.011 1. The commission on professional standards in education,

17-43 (c) One who teaches in an elementary school.

18-1 (d) One who teaches special education.

18-2 3. The remaining members of the commission must include:] The

18-3 governor shall appoint five members to the commission as follows:

18-4 (a) Three teachers;

18-5 (b) One counselor or [psychologist employed by a school district.

18-6 (b) Two administrators of schools, at least one of whom must be a

18-7 principal of a school.] administrator; and

18-8 (c) The dean of the College of Education at one of the universities in the

18-9 University and Community College System of Nevada, or a representative

18-10 of one of the Colleges of Education nominated by such a dean for

18-11 appointment by the governor.

18-12 [(d) One member who is a representative of the general public.

18-13 4. The appointments of a counselor, the administrators and three of the

18-14 four teachers must be made from a list of names of at least three persons for

18-15 each position that is submitted to the governor:

18-16 (a) For the counselor and teachers, by an employee organization

18-17 representing the majority of counselors and the majority of teachers in the

18-18 State of Nevada who teach in the educational level from which the

18-19 appointment is being made; or

18-20 (b) For administrators, by an organization of administrators for schools

18-21 in which the majority of administrators of schools in this state have

18-22 membership.

18-23 5.] 3. The majority leader of the senate and the speaker of the

18-24 assembly shall each appoint two members to the commission as follows:

18-25 (a) One teacher; and

18-26 (b) One parent or legal guardian who is not employed by or otherwise

18-27 affiliated with the public school system or one representative of a private

18-28 business or industry who is not employed by or otherwise affiliated with

18-29 the public school system.

18-30 4. One member of the commission appointed by the governor who is a

18-31 teacher, administrator [, counselor or psychologist] or counselor must be

18-32 employed by a private school licensed pursuant to chapter 394 of NRS.

18-33 Sec. 37. NRS 391.013 is hereby amended to read as follows:

18-34 391.013 1. Except as otherwise provided for an initial term, the

18-40 appointment.

18-41 Sec. 38. NRS 391.038 is hereby amended to read as follows:

18-42 391.038 1. The state board, in consultation with educational

18-43 institutions in this state which offer courses of study and training for the

19-1 education of teachers , the board of trustees of each school district in this

19-2 state and other educational personnel, shall review and evaluate a course of

19-3 study and training offered by an educational institution which is designed to

19-4 provide the education required for:

19-5 (a) The licensure of teachers or other educational personnel;

19-6 (b) The renewal of licenses of teachers or other educational personnel;

19-7 or

19-8 (c) An endorsement in a field of specialization.

19-9 If the course of study and training meets the requirements established by

19-10 the state board, it must be approved by the state board. The state board

19-11 shall not approve a course of study or training unless the course of study

19-12 and training provides instruction, to the extent deemed necessary by the

19-13 state board, in the standards of content and performance prescribed by

19-14 the council to establish academic standards for public schools pursuant

19-15 to section 20 of this act.

19-16 2. The state board may review and evaluate such courses of study and

19-17 training itself or may recognize a course of study and training approved by

19-18 a national agency for accreditation acceptable to the board.

19-19 3. The state board shall adopt regulations establishing fees for the

19-20 review by the board of a course of study and training submitted to the board

19-21 by an educational institution.

19-22 4. The state board, in consultation with educational institutions in this

19-23 state which offer courses of study and training for the education of teachers

19-24 and other educational personnel, and the Nevada Association of Colleges

19-25 for Teacher Education and the Nevada Association of Teacher Educators,

19-26 shall adopt regulations governing the approval by the state board of courses

19-27 of study and training which are accredited by the National Council [of] for

19-28 Accreditation of Teacher Education, and those which are not so accredited.

19-29 5. If the state board denies or withdraws its approval of a course of

19-30 study or training, the educational institution is entitled to a hearing and

19-31 judicial review of the decision of the state board.

19-32 Sec. 39. NRS 391.100 is hereby amended to read as follows:

19-33 391.100 1. The board of trustees of a school district may employ a

19-43 the waiver applies only to allow that specific teacher to teach for that

20-1 specific school district in the subject area or grade level for which the

20-2 waiver is granted. The waiver is not transferable.

20-3 3. The board of trustees of a school district:

20-4 (a) May employ teacher aides and other auxiliary, nonprofessional

20-5 personnel to assist licensed personnel in the instruction or supervision of

20-6 children, either in the classroom or at any other place in the school or on

20-7 the grounds thereof; and

20-8 (b) Shall establish policies governing the duties and performance of

20-9 teacher aides.

20-10 [3.] 4. Each applicant for employment pursuant to this section, except a

20-11 teacher or [other] a person who is licensed by the superintendent of public

20-12 instruction, must, as a condition to employment, submit to the school

20-13 district a full set of his fingerprints and written permission authorizing the

20-14 school district to forward the fingerprints to the Federal Bureau of

20-15 Investigation and the central repository for Nevada records of criminal

20-16 history for their reports on the criminal history of the applicant.

20-17 [4.] 5. The board of trustees of a school district may employ or appoint

20-18 persons to serve as school police officers.

20-19 Sec. 40. NRS 391.160 is hereby amended to read as follows:

20-20 391.160 1. The salaries of teachers and other employees must be

20-43 work completed by the teacher unless the course work is related to the

21-1 field or subject area in which the teacher provides instruction or will

21-2 provide instruction for the year in which the additional salary is given.

21-3 4. In determining the salary of a teacher who is employed by a school

21-4 district after having been employed by another school district in this state,

21-5 the present employer shall, except as otherwise provided in subsection [3:]

21-6 5:

21-7 (a) Give the teacher the same credit for previous teaching service as he

21-8 was receiving from his former employer at the end of his former

21-9 employment; and

21-10 (b) Give him credit for his final year of service with his former

21-11 employer, if credit for that service is not included in credit given pursuant

21-12 to paragraph (a).

21-13 [3.] 5. This section does not:

21-14 (a) Require a school district to allow a teacher more credit for previous

21-15 teaching service than the maximum credit for teaching experience provided

21-16 for in the schedule of salaries established by it for its licensed personnel.

21-17 (b) Permit a school district to deny a teacher credit for his previous

21-18 teaching service on the ground that the service differs in kind from the

21-19 teaching experience for which credit is otherwise given by the school

21-20 district.

21-21 [4.] 6. As used in this section, "previous teaching service" means the

21-22 total of:

21-23 (a) Any period of teaching service for which a teacher received credit

21-24 from his former employer at the beginning of his former employment; and

21-25 (b) His period of teaching service in his former employment.

21-26 Sec. 41. NRS 391.230 is hereby amended to read as follows:

21-27 391.230 1. [Upon] Except as otherwise provided in this subsection,

21-40 the superintendent of the county school district.

21-41 Sec. 42. NRS 391.273 is hereby amended to read as follows:

21-42 391.273 1. Unless specifically exempted pursuant to subsection 4 [,]

21-43 and except as otherwise provided in this subsection, the unlicensed

22-1 personnel of a school district must be directly supervised by licensed

22-2 personnel in all duties which are instructional in nature. To the extent

22-3 practicable, the direct supervision must be such that the unlicensed

22-4 personnel are in the immediate location of the licensed personnel and are

22-5 readily available during such times when supervision is required. The

22-6 provisions of this section do not apply to a school district that has

22-7 obtained a waiver to employ an unlicensed teacher pursuant to

22-8 subsection 2 of NRS 391.100.

22-9 2. Unlicensed personnel who are exempted pursuant to subsection 4

22-10 must be under administrative supervision when performing duties which are

22-11 instructional in nature.

22-12 3. Unlicensed personnel may temporarily perform duties under

22-13 administrative supervision which are not primarily instructional in nature.

22-14 4. Upon application by a superintendent of schools, the superintendent

22-15 of public instruction may grant an exemption from the provisions of

22-16 subsection 1. The superintendent shall not grant an exemption unless:

22-17 (a) The duties are within the employee’s special expertise or training;

22-18 (b) The duties relate to the humanities or an elective course of study, or

22-19 are supplemental to the basic curriculum of a school;

22-20 (c) The performance of the duties does not result in the replacement of a

22-21 licensed employee or prevent the employment of a licensed person willing

22-22 to perform those duties;

22-23 (d) The secondary or combined school in which the duties will be

22-24 performed has less than 100 pupils enrolled and is at least 30 miles from a

22-25 school in which the duties are performed by licensed personnel; and

22-26 (e) The unlicensed employee submits his fingerprints for an

22-27 investigation pursuant to NRS 391.033.

22-28 5. The superintendent of public instruction shall file a record of all

22-29 exempt personnel with the clerk of the board of trustees of each local

22-30 school district, and advise the clerk of any changes therein. The record

22-31 must contain:

22-32 (a) The name of the exempt employee;

22-33 (b) The specific instructional duties he may perform;

22-34 (c) Any terms or conditions of the exemption deemed appropriate by the

22-35 superintendent of public instruction; and

22-36 (d) The date the exemption expires or a statement that the exemption is

22-37 valid as long as the employee remains in the same position at the same

22-38 school.

22-39 6. The superintendent of public instruction may adopt regulations

22-40 prescribing the procedure to apply for an exemption pursuant to this section

22-41 and the criteria for the granting of such exemptions.

23-1 7. Except in an emergency, it is unlawful for the board of trustees of a

23-2 school district to allow a person employed as a teacher’s aide to serve as a

23-3 teacher unless the person is a legally qualified teacher licensed by the

23-4 superintendent of public instruction. As used in this subsection,

23-5 "emergency" means an unforeseen circumstance which requires immediate

23-6 action and includes the fact that a licensed teacher or substitute teacher is

23-7 not immediately available.

23-8 8. If the superintendent of public instruction determines that the board

23-9 of trustees of a school district has violated the provisions of subsection 7,

23-10 he shall take such actions as are necessary to reduce the amount of money

23-11 received by the district pursuant to NRS 387.124 by an amount equal to the

23-12 product when the following numbers are multiplied together:

23-13 (a) The number of days on which the violation occurred;

23-14 (b) The number of pupils in the classroom taught by the teacher’s aide;

23-15 and

23-16 (c) The number of dollars of basic support apportioned to the district per

23-17 pupil per day pursuant to NRS 387.1233.

23-18 Sec. 43. Section 64 of chapter 473, Statutes of Nevada 1997, at page

23-19 1788, is hereby amended to read as follows:

23-20 Sec. 64. 1. This section and section 63 of this act become

23-41 January 1, 1998.

24-1 Sec. 44. 1. There is hereby appropriated from the state

24-2 general fund to the department of education the sum of $4,000,000

24-3 to be distributed among certain schools.

24-4 2. A school that receives a designation as demonstrating inadequate

24-5 achievement pursuant to NRS 385.367 may submit to the department of

24-6 education, for transmission to the state board of examiners, an application

24-7 for an allocation from the appropriation. A school that did not receive a

24-8 designation because the school had too few pupils enrolled in a grade level

24-9 that is tested pursuant to NRS 389.015 but the test scores of the pupils

24-10 indicate that the school would have received a designation of demonstrating

24-11 inadequate achievement, may submit to the department of education, for

24-12 transmission to the state board of examiners, an application for an

24-13 allocation from the appropriation. A school that receives a designation as

24-14 demonstrating adequate achievement may submit to the department of

24-15 education, for transmission to the state board of examiners, an application

24-16 for an allocation from the appropriation if at least 40 percent of the pupils

24-17 enrolled in the school received an average score at or below the 25th

24-18 percentile on three of the four subjects tested pursuant to NRS 389.015.

24-19 The department of education shall, in consultation with the budget division

24-20 of the department of administration and the legislative bureau of

24-21 educational accountability and program evaluation, develop a form for such

24-22 applications.

24-23 3. Upon receipt of such an application, the department of education

24-24 shall review the application. The department of education shall transmit the

24-25 application to the state board of examiners with the recommendation of the

24-26 department concerning the allocation of money based upon each

24-27 application and, if it finds that an allocation should be made, recommend

24-28 the amount of the allocation to the interim finance committee. The interim

24-29 finance committee shall consider each such recommendation but is not

24-30 bound to follow the recommendation of the state board of examiners. The

24-31 interim finance committee shall give preference to schools whose

24-32 applications:

24-33 (a) Propose to extend the school day or offer summer school,

24-34 intersession school or school on Saturdays for pupils to participate in the

24-35 remedial programs.

24-36 (b) Demonstrate that the school will integrate other sources of money

24-37 for remedial programs, including money that may be available from the

24-38 Federal Government.

24-39 4. In determining the amount of the allocation, the state board of

24-40 examiners and the interim finance committee shall consider:

24-41 (a) The total number of pupils who are enrolled in the school who failed

24-42 to demonstrate at least adequate achievement on the examinations

24-43 administered pursuant to NRS 389.015; and

25-1 (b) The need of the particular school.

25-2 5. A school that receives an allocation of money shall use the money

25-3 to:

25-4 (a) Pay the costs incurred by the school in providing the program of

25-5 remedial study required by NRS 385.389. The money must first be applied

25-6 to those pupils who the school determines are performing at a level which

25-7 poses the highest risk of failure.

25-8 (b) Pay for the salaries, training or other compensation of teachers and

25-9 other educational personnel to provide the program of remedial study,

25-10 instructional materials required for the remedial study, equipment necessary

25-11 to offer the program of remedial study and all other additional operating

25-12 costs attributable to the program of remedial study.

25-13 (c) Supplement and not replace the money that the school would

25-14 otherwise expend for programs of remedial study.

25-15 6. A school that receives an allocation of money shall not use the

25-16 money to:

25-17 (a) Settle or arbitrate disputes or negotiate settlements between an

25-18 organization that represents licensed employees of the school district and

25-19 the school district.

25-20 (b) Adjust the schedules of salaries and benefits of the employees of the

25-21 school district.

25-22 7. Any remaining balance of the appropriation made by subsection 1

25-23 must not be committed for expenditure after June 30, 2001, and reverts to