1. Senate Bill No. 466–Committee on Finance

CHAPTER........

AN ACT relating to education; revising provisions governing the council to establish

academic standards for public schools; requiring the administration and reporting of

examinations related to the standards established by the council; requiring the

department of education to administer the high school proficiency examination in

mathematics for certain pupils who failed the examination; requiring the department

of education to establish a task force to conduct a study of the high school

proficiency examination in mathematics; revising other provisions relating to

education; making appropriations; and providing other matters properly relating

thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.110 is hereby amended to read as follows:

  1. 385.110 1. Except as otherwise provided in subsections 2 and 3, the
  1. state board shall prescribe and cause to be enforced the courses of study for
  1. the public schools of this state. The courses of study prescribed and
  1. enforced by the state board must comply with the standards of content
  1. and performance established by the council to establish academic
  1. standards for public schools pursuant to section 8 of this act.
  1. 2. For those courses of study prescribed by the state board:
  1. (a) High schools may have modified courses of study, subject to the
  1. approval of the state board; and
  1. (b) Any high school offering courses normally accredited as being
  1. beyond the level of the 12th grade shall, before offering such courses, have
  1. them approved by the state board.

3. A charter school is not required to offer the courses of study

prescribed by the state board except for those courses of study which are

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

Sec. 2. NRS 385.150 is hereby amended to read as follows:

  1. 385.150 1. The state board shall appoint the superintendent of
  1. public instruction [shall be appointed by the state board of education] for a
  1. term of 3 years. The state board may remove the superintendent of public
  1. instruction from office for inefficiency, neglect of duty, malfeasance in
  1. office or for other just cause.
  1. 2. A vacancy must be filled by the state board [shall fill any vacancy]
  1. for the remainder of the unexpired term.

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

service of the state.

Sec. 3. NRS 385.230 is hereby amended to read as follows:

  1. 385.230 1. The superintendent of public instruction shall report to
  1. the governor biennially, on or before December 1, in the year immediately
  1. preceding a regular session of the legislature [.] concerning matters
  1. relating to education in this state.
  2. 2. The superintendent of public instruction shall report to the
  1. legislature during each regular session of the legislature concerning
  1. matters relating to education in this state.

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

  1. 386.550 A charter school shall:
  1. 1. Comply with all laws and regulations relating to discrimination and
  1. civil rights.
  1. 2. Remain nonsectarian, including, without limitation, in its
  1. educational programs, policies for admission and employment practices.
  1. 3. Refrain from charging tuition or fees, levying taxes or issuing bonds.
  1. 4. Comply with any plan for desegregation ordered by a court that is in
  1. effect in the school district in which the charter school is located.
  1. 5. Comply with the provisions of chapter 241 of NRS.
  1. 6. Schedule and provide annually at least as many days of instruction
  1. as are required of other public schools located in the same school district as
  1. the charter school is located.
  1. 7. Cooperate with the board of trustees of the school district in the
  1. administration of the achievement and proficiency examinations
  1. administered pursuant to NRS 389.015 and the examinations required
  1. pursuant to section 11 of this act to the pupils who are enrolled in the
  1. charter school.
  1. 8. Comply with applicable statutes and regulations governing the
  1. achievement and proficiency of pupils in this state.
  1. 9. Provide at least the courses of instruction that are required of pupils
  1. by statute or regulation for promotion to the next grade or graduation from
  1. a public high school and require the pupils who are enrolled in the charter
  1. school to take those courses of study. This subsection does not preclude a
  1. charter school from offering, or requiring the pupils who are enrolled in the
  1. charter school to take, other courses of study that are required by statute or
  1. regulation.
  1. 10. Provide instruction on acquired immune deficiency syndrome and
  1. the human reproductive system, related to communicable diseases and
  1. sexual responsibility in accordance with NRS 389.065.

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

school district in which the charter school is located.

Sec. 5. Chapter 389 of NRS is hereby amended by adding thereto the

provisions set forth as sections 6 to 13, inclusive, of this act.

Sec. 6. As used in sections 6 to 13, inclusive, of this act, "council"

means the council to establish academic standards for public schools.

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

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

of the council consists of:

  1. (a) Four members appointed by the governor in accordance with
  1. subsection 2;
  1. (b) Two members appointed by the majority leader of the senate in
  1. accordance with subsection 3; and
  2. (c) Two members appointed by the speaker of the assembly in
  1. accordance with subsection 3.
  1. 2. The governor shall ensure that:
  1. (a) Two of the members whom he appoints to the council are parents
  1. or legal guardians of pupils who attend public schools. These members
  1. must not otherwise be affiliated with the public school system of this
  1. state.
  1. (b) Two of the members whom he appoints to the council are licensed
  1. educational personnel.
  1. (c) Insofar as practicable, the members whom he appoints to the
  1. council reflect the ethnic and geographical diversity of this state.
  1. 3. The majority leader of the senate and the speaker of the assembly
  1. shall each ensure that:
  1. (a) One of the members whom he appoints to the council is a member
  1. of the house of the legislature to which he belongs.
  1. (b) The other member whom he appoints to the council is a
  1. representative of a private business or industry that may be affected by
  1. actions taken by the council.
  1. 4. Each member of the council must be a resident of this state.
  1. 5. After the initial terms, the term of each member of the council is 4
  1. years. The person who appoints a member to the council may remove
  1. that member if the member neglects his duty or commits malfeasance in
  1. office, or for other just cause. A vacancy in the membership of the
  1. council must be filled for the remainder of the unexpired term in the
  1. same manner as the original appointment.
  1. 6. The governor shall select a chairman from among the
  1. membership of the council in accordance with this subsection. The
  1. governor shall not select as chairman a member of the council who is
  1. affiliated with the public school system in this state, except that this
  1. subsection does not preclude the governor from selecting a parent or
  1. legal guardian of a pupil as chairman if the parent or legal guardian is
  1. not otherwise affiliated with the public school system in this state. Once
  1. selected by the governor, the chairman holds that office for 2 years.
  1. 7. For each day or portion of a day during which a member of the
  1. council who is a legislator attends a meeting of the council or is
  1. otherwise engaged in the work of the council, except during a regular or
  1. special session of the legislature, he is entitled to receive the:
  1. (a) Compensation provided for a majority of the members of the
  1. legislature during the first 60 days of the preceding session;
  1. (b) Per diem allowance provided for state officers and employees
  1. generally; and
  1. (c) Travel expenses provided pursuant to NRS 218.2207.
  1. The compensation, per diem allowances and travel expenses of the
  1. legislative members of the council must be paid from the legislative fund.
  2. 8. Members of the council who are not legislators serve without
  1. salary, but are entitled to receive the per diem allowance and travel
  1. expenses provided for state officers and employees generally.

Sec. 8. 1. The council shall:

(a) Establish standards of content and performance, including,

without limitation, a prescription of the resulting level of achievement,

for the grade levels set forth in subsection 2, based upon the content of

each course, that is expected of pupils for the following courses of study:

(1) English, including reading, composition and writing;

(2) Mathematics;

(3) Science;

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

geography, economics and government;

(5) The arts;

(6) Computer education and technology;

(7) Health; and

(8) Physical education.

(b) Establish a schedule for the periodic review and, if necessary,

revision of the standards of content and performance. The review must

include, without limitation, the review required pursuant to section 13 of

this act of the results of pupils on the examinations administered

pursuant to section 11 of this act.

(c) Assign priorities to the standards of content and performance

relative to importance and degree of emphasis and revise the standards,

if necessary, based upon the priorities.

2. The council shall establish standards of content and performance

for each grade level in kindergarten and grades 1 to 8, inclusive, for

English and mathematics. The council shall establish standards of

content and performance for the grade levels selected by the council for

the other courses of study prescribed in subsection 1.

3. The state board shall adopt the standards of content and

performance established by the council.

4. The council shall work in cooperation with the state board to

prescribe the examinations required by section 11 of this act.

Sec. 9. 1. The department shall provide:

(a) Administrative support;

(b) Equipment; and

(c) Office space,

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

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

if the assistance is necessary for the council to carry out its duties.

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

periodic review of the courses of study offered in the public schools of the

school district to determine whether the courses of study comply with the

standards of content and performance established by the council

pursuant to section 8 of this act and if revision of the courses of study is

necessary to ensure compliance.

Sec. 11. 1. The state board shall, in consultation with the council,

prescribe examinations that measure the achievement and proficiency of

pupils in selected grades in the standards of content established by the

council that are in addition to the examinations administered pursuant to

NRS 389.015. The state board shall, based upon the recommendations of

the council, select the grade levels of pupils that are required to take the

examinations and the standards that the examinations must measure.

2. The board of trustees of each school district and the governing

body of each charter school shall administer the examinations prescribed

by the state board. The examinations must be:

(a) Administered to pupils in each school district and each charter

school at the same time, as prescribed by the state board.

(b) Administered in each school in accordance with uniform

procedures adopted by the state board. The department shall monitor the

school districts and individual schools to ensure compliance with the

uniform procedures.

Sec. 12. 1. The state board shall adopt regulations that require the

board of trustees of each school district and the governing body of each

charter school to submit to the superintendent of public instruction, the

department and the council, in the form and manner prescribed by the

superintendent, the results of the examinations administered pursuant to

this section. The state board shall not include in the regulations any

provision that would violate the confidentiality of the test scores of an

individual pupil.

  1. 2. The results of the examinations must be reported for each school,
  1. including, without limitation, each charter school, school district and this
  1. state, as follows:
  1. (a) The percentage of pupils who have demonstrated proficiency, as
  1. defined by the department, and took the examinations under regular
  1. testing conditions; and
  1. (b) The percentage of pupils who have demonstrated proficiency, as
  1. defined by the department, and took the examinations with modifications
  1. or accommodations approved by the private entity that created the
  1. examination or, if the department created the examination, the
  1. department, if such reporting does not violate the confidentiality of the
  1. test scores of any individual pupil.
  1. 3. The department shall adopt regulations prescribing the
  1. requirements for reporting the results of pupils who:
  1. (a) Took the examinations under conditions that were not approved by
  1. the private entity that created the examination or, if the department
  1. created the examination, by the department;
  1. (b) Are enrolled in special schools for children with disabilities;
  1. (c) Are enrolled in an alternative program for the education of pupils
  1. at risk of dropping out of high school; or
  2. (d) Are detained in a:
  1. (1) Youth training center;
  1. (2) Youth center;
  1. (3) Juvenile forestry camp;
  1. (4) Detention home;
  1. (5) Youth camp;
  1. (6) Juvenile correctional institution; or
  1. (7) Correctional institution.
  1. The results reported pursuant to this subsection must not be included in
  1. the percentage of pupils reported pursuant to subsection 2.
  1. 4. Not later than 10 days after the department receives the results of
  1. the examinations, the department shall transmit a copy of the results to
  1. the legislative bureau of educational accountability and program
  1. evaluation in a manner that does not violate the confidentiality of the test
  1. scores of any individual pupil.
  1. 5. On or before November 1 of each year, each school district and
  1. each charter school shall report to the department the following
  1. information for each examination administered in the public schools in
  1. the school district or 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
  1. used by the school district or charter school.
  1. On or before December 1 of each year, the department shall transmit to
  1. the budget division of the department of administration and the fiscal
  1. analysis division of the legislative counsel bureau the information
  1. submitted to the department pursuant to this subsection.
  1. 6. The superintendent of schools of each school district and the
  1. governing body of each charter school shall certify that the number of
  1. pupils who took the examinations is equal to the number of pupils who
  1. are enrolled in each school in the school district or in the charter school
  1. who are required to take the examinations, except for those pupils who
  1. are exempt from taking the examinations. A pupil may be exempt from
  1. taking the examinations if:
  1. (a) His primary language is not English and his proficiency in the
  1. English language is below the level that the state board determines is
  1. proficient, as measured by an assessment of proficiency in the English
  1. language prescribed by the state board pursuant to subsection 8; or
  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. 7. In addition to the information required by subsection 5, the
  1. superintendent of public instruction shall:
  2. (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
  1. examinations 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
  1. the examinations or absent from school on the day that the examinations
  1. were administered.

8. The state board shall prescribe an assessment of proficiency in the

English language for pupils whose primary language is not English to

determine which pupils are exempt from the examinations pursuant to

paragraph (a) of subsection 6.

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

examinations administered pursuant to section 11 of this act, including,

without limitation, for each school in a school district and each charter

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

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

by the pupils enrolled in the school from preceding school years.

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

council shall evaluate:

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

the council require revision; and

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

examinations, in achieving the standards of performance established by

the council.

3. The council shall report the results of the evaluation conducted

pursuant to subsection 2 to the state board and the legislative committee

on education.

Sec. 14. NRS 389.010 is hereby amended to read as follows:

  1. 389.010 Except as otherwise provided in NRS 389.170 and 389.180,
  1. boards of trustees of school districts in this state shall enforce in schools
  1. [the courses] :
  1. 1. The standards of content and performance established by the
  1. council to establish academic standards for public schools and the
  1. courses of study related to those standards; and

2. The courses of study prescribed and adopted by the state board.

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

  1. 390.005 As used in this chapter, unless the context requires otherwise:
  1. 1. "Basic textbook" or "textbook" means any medium or manual of
  1. instruction , including, without limitation, software for computers,
  1. containing a presentation of the principles of a subject and used as a basis
  1. of instruction.
  1. 2. "Supplemental textbook" means any medium or material ,
  1. including, without limitation, software for computers, used to reinforce or
  1. extend a basic program of instruction.

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

years have elapsed since its removal from the adopted list.

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

  1. 390.140 1. The state board shall make the final selection of all
  1. textbooks to be used in the public schools in this state, except for charter
  1. schools. If a textbook proposed for selection is in a subject area for which
  1. standards of content have been established by the council to establish
  1. academic standards for public schools pursuant to section 8 of this act,
  1. the state board shall not select the textbook unless the state board
  1. determines that the textbook adequately supports the standards for that
  1. subject area.

2. A textbook must not be selected by the state board pursuant to

subsection 1 for use in the public schools in classes in literature, history or

social sciences unless it accurately portrays the cultural and racial diversity

of our society, including lessons on the contributions made to our society

by men and women from various racial and ethnic backgrounds.

Sec. 17. NRS 391.038 is hereby amended to read as follows:

  1. 391.038 1. The state board, in consultation with educational
  1. institutions in this state which offer courses of study and training for the
  1. education of teachers , the board of trustees of each school district in this
  1. state and other educational personnel, shall review and evaluate a course of
  1. study and training offered by an educational institution which is designed to
  1. provide the education required for:
  1. (a) The licensure of teachers or other educational personnel;
  1. (b) The renewal of licenses of teachers or other educational personnel;
  1. or
  1. (c) An endorsement in a field of specialization.
  1. If the course of study and training meets the requirements established by
  1. the state board, it must be approved by the state board. The state board
  1. shall not approve a course of study or training unless the course of study
  1. and training provides instruction, to the extent deemed necessary by the
  1. state board, in the standards of content and performance prescribed by
  1. the council to establish academic standards for public schools pursuant
  1. to section 8 of this act.
  1. 2. The state board may review and evaluate such courses of study and
  1. training itself or may recognize a course of study and training approved by
  1. a national agency for accreditation acceptable to the board.
  1. 3. The state board shall adopt regulations establishing fees for the
  1. review by the board of a course of study and training submitted to the board
  1. by an educational institution.
  1. 4. The state board, in consultation with educational institutions in this
  1. state which offer courses of study and training for the education of teachers
  1. and other educational personnel, and the Nevada Association of Colleges
  1. for Teacher Education and the Nevada Association of Teacher Educators,
  1. shall adopt regulations governing the approval by the state board of courses
  1. of study and training which are accredited by the National Council [of] for
  1. Accreditation of Teacher Education, and those which are not so accredited.
  2. 5. If the state board denies or withdraws its approval of a course of
  1. study or training, the educational institution is entitled to a hearing and
  1. judicial review of the decision of the state board.

Sec. 18. Section 45 of chapter 473, Statutes of Nevada 1997, at page

1780, is hereby amended to read as follows:

Sec. 45. 1. The council to establish academic standards for

public schools, created pursuant to section 43 of this act, shall

establish and submit to the state board of education [:

(a) On] , on or before September 1, 1998, standards of content

and performance, including, without limitation, a prescription of the

resulting level of achievement, based upon the content of each

course, that is expected of pupils for the following courses of study:

[(1)] (a) English, including reading, composition and writing.

[(2)] (b) Mathematics.

[(3)] (c) Science.

[(b) On or before September 1, 1999, standards of content and

performance, including, without limitation, a prescription of the

resulting level of achievement, based upon the content of each

course, that is expected of pupils for the following courses of study:

(1) Social studies.

(2) Computer education.

(3) Health and physical education.

(4) The arts.]

2. The council shall submit written recommendations to the

state board of education [:

(a) On] , on or before November 1, 1998, on the type of

examinations of achievement and proficiency to be administered

statewide that may be used to measure the achievement of pupils in

the standards of content and performance established by the council

pursuant to [paragraph (a) of] subsection 1. The recommendations

must include the grades in which the examinations should be

administered.

[(b) On or before November 1, 1999, on the type of

examinations of achievement and proficiency in social studies to be

administered statewide that may be used to measure the

achievement of pupils in the standards of content and performance

established by the council pursuant to subparagraph (1) of

paragraph (b) of subsection 1. The recommendations must include

the grades in which the examinations should be administered.]

3. In developing the standards and examinations pursuant to

subsections 1 and 2, the council shall:

(a) Hold at least eight meetings. The meetings must be held in at

least four different counties during the period commencing
August 1, 1997, and expiring July 31, 1999. At least four of these

meetings must be held to hear public testimony concerning the

proposed standards of content and performance and the

examinations of achievement and proficiency.

(b) Consult with licensed educational personnel in the various

school districts and with other persons who have knowledge and

experience concerning standards of content and performance or

examinations of achievement and proficiency in education.

(c) Review and consider any standards of content and

performance and any examinations of achievement and proficiency:

(1) Adopted by this state;

(2) Adopted by the Commonwealth of Virginia or any other

states;

(3) Adopted by the Federal Government; or

(4) Advocated in publications of entities, including, but not

limited to, the "Standards Primer: A Resource for Accelerating the

Pace of Reform," published in 1996 by the Education Leaders

Council.

4. The state board of education shall adopt [:

(a) On] , on or before January 1, 1999, the standards of content

and performance established by the council pursuant to [paragraph

(a) of] subsection 1, to take effect in the 1999-2000 school year.

[(b) Examinations of achievement and proficiency to be

administered statewide, commencing in the 1999-2000 school year,

to measure the achievement of pupils in the standards of content

and performance adopted by the state board of education pursuant

to paragraph (a). In adopting the examinations, the state board shall

consider the written recommendations submitted by the council

pursuant to subsection 2. The examinations must be scored by a

single private entity or the department of education.

(c) On or before January 1, 2000, the standards of content and

performance established by the council pursuant to paragraph (b) of

subsection 1, to take effect in the 2000-2001 school year.

(d) Examinations of achievement and proficiency in social

studies to be administered statewide, commencing in the 2000-2001

school year, to measure the achievement of pupils in social studies

in the standards of content and performance adopted by the state

board pursuant to paragraph (c). In adopting the examinations, the

state board shall consider the written recommendations submitted

by the council pursuant to subsection 2. The examinations must be

scored by a single private entity or the department of education.]

5. The state board of education shall [:

(a) On] , on or before February 1, 1999, submit a written report

to the council and to the director of the legislative counsel bureau

for transmission to the 70th session of the Nevada legislature. The

written report must include a description of the standards adopted

by the state board of education.

[(b) On or before February 1, 2001, submit a written report to

the council and to the director of the legislative counsel bureau for

transmission to the 71st session of the Nevada legislature. The

written report must include a description of the standards adopted

by the state board of education.]

6. In addition to the duties prescribed in subsections 1 and 2,

the council shall [:

(a) As] , as soon as practicable, but not later than April 1, 1999:

[(1)] (a) Submit to the governor, the senate standing

committee on finance and the assembly standing committee on ways

and means, written reports regarding the standards adopted by the

state board of education pursuant to [paragraph (a) of] subsection 4.

[(2)] (b) Submit to the director of the legislative counsel

bureau for transmission to the 70th session of the Nevada

legislature any recommendations for legislation that the council

deems are necessary to incorporate into the public schools the

standards that it established pursuant to [paragraph (a) of]

subsection 1.

[(b) As soon as practicable, but not later than April 1, 2001:

(1) Submit to the governor, the senate standing committee on

finance and the assembly standing committee on ways and means,

written reports regarding the standards adopted by the state board of

education pursuant to paragraph (c) of subsection 4.

(2) Submit to the director of the legislative counsel bureau for

transmission to the 71st session of the Nevada Legislature any

recommendations for legislation that the council deems are

necessary to incorporate into the public schools the standards that it

established pursuant to paragraphs (a) or (b) of subsection 1.]

7. The council shall, on or before June 30, 1999, [and on or

before June 30, 2001,] report to the legislative committee on

education, created pursuant to section 37 of this act, regarding the

standards [and examinations] adopted by the state board of

education pursuant to subsection 4.

[8. The council shall, on or before June 30, 2001, coordinate its

duties pursuant to this section with the legislative bureau of

educational accountability and program evaluation, created pursuant

to section 41 of this act, to enable the bureau to continue the duties

of the council of evaluating and reporting after June 30, 2001.]

Sec. 19. Section 64 of chapter 473, Statutes of Nevada 1997, at page

1788, is hereby amended to read as follows:

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

effective upon passage and approval.

2. Section 27 of this act becomes effective upon passage and

approval for purposes of appointing members to the commission on

educational technology, created pursuant to section 27 of this act,

and on July 1, 1997, for all other purposes.

3. Section 37 of this act becomes effective upon passage and

approval for purposes of appointing members to the legislative

committee on education, created pursuant to section 37 of this act,

and on July 1, 1997, for all other purposes.

4. Section 43 of this act becomes effective upon passage and

approval for purposes of appointing members to the council to

establish academic standards for public schools, created pursuant to

section 43 of this act, and on July 1, 1997, for all other purposes,

and expires by limitation on June 30, [2001.] 1999.

5. Sections 20 to 26, inclusive, 28 to 36, inclusive, 38 to 42,

inclusive, and 46 to 62, inclusive, of this act become effective on

July 1, 1997.

6. Sections 44 and 45 of this act become effective on July 1,

1997, and expire by limitation on June 30, 2003.

7. Sections 1 to 19, inclusive, of this act become effective on

January 1, 1998.

Sec. 20. Section 2 of Senate Bill No. 49 of this session is hereby

repealed.

Sec. 21. 1. The term of the president of the state board of education

or his designee on the council to establish academic standards for public

schools created pursuant to section 43 of chapter 473, Statutes of Nevada

1997, at page 1779, who is incumbent on June 30, 1999, expires on that

date.

2. The terms of all members appointed to the council to establish

academic standards for public schools created pursuant to section 43 of

chapter 473, Statutes of Nevada 1997, at page 1779, who are incumbent on

June 30, 1999, expire on that date.

3. Not later than July 1, 1999, appointments to the council to establish

academic standards for public schools pursuant to section 7 of this act must

be made as follows:

(a) Two members appointed by the governor must be appointed to terms

expiring on June 30, 2001.

(b) One member appointed by the majority leader of the senate and one

member appointed by the speaker of the assembly must be appointed to

terms expiring on June 30, 2002.

(c) One member appointed by the majority leader of the senate, one

member appointed by the speaker of the assembly and two
members appointed by the governor must be appointed to terms expiring on

June 30, 2003.

These appointments may include former members whose terms expired

pursuant to subsection 2.

Sec. 22. 1. On or before January 15, 2000, the council to establish

academic standards for public schools created pursuant to section 7 of this

act shall establish standards of content and performance, including, without

limitation, a prescription of the resulting level of achievement, based upon

the content of each course, that is expected of pupils for the following

courses of study:

  1. (a) Social studies, which includes only the subjects of history,
  1. geography, economics and government.
  1. (b) Computer education and technology.
  1. (c) Health and physical education.
  1. (d) The arts.
  1. 2. On or before January 15, 2000, the council shall submit written
  1. recommendations to the state board of education on the type of
  1. examinations of achievement and proficiency in social studies to be
  1. administered statewide that may be used to measure the achievement and
  1. proficiency of pupils in the standards of content and performance
  1. established by the council pursuant to paragraph (a) of subsection 1. The
  1. recommendations must include the grades in which the examinations
  1. should be administered.
  1. 3. In developing the standards and examinations pursuant to section 8
  1. of this act, the council shall:

(a) Hold at least eight meetings. The meetings must be held in at least

four different counties during the period commencing July 1, 1999, and

expiring June 30, 2001. At least four of these meetings must be held to hear

public testimony concerning the proposed standards of content and

performance and the examinations of achievement and proficiency.

  1. (b) Consult with licensed educational personnel in the various school
  1. districts and with other persons who have knowledge and experience
  1. concerning standards of content and performance or examinations of
  1. achievement and proficiency in education.
  1. (c) Review and consider any standards of content and performance and
  1. any examinations of achievement and proficiency:
  1. (1) Adopted by this state;
  1. (2) Adopted by the Commonwealth of Virginia or any other states;
  1. (3) Adopted by the Federal Government; or

(4) Advocated in publications of entities, including, but not limited to,

the "Standards Primer: A Resource for Accelerating the Pace of Reform,"

published in 1996 by the Education Leaders Council.

4. The standards established by the council for:

(a) English, including reading, composition and writing;

(b) Mathematics; and

(c) Science,

must take effect in the public schools in this state commencing in the
1999-2000 school year.

5. The standards established by the council for:

(a) Social studies, which includes only the subjects of history,

geography, economics and government;

  1. (b) Computer education and technology;
  1. (c) Health and physical education; and

(d) The arts

,

must take effect in the public schools in this state commencing in the
2000-2001 school year.

6. The council shall, as soon as practicable, but not later than April 1,

2001:

(a) Submit to the governor, the senate standing committee on finance

and the assembly standing committee on ways and means, written reports

regarding the standards established by the council.

(b) Submit to the director of the legislative counsel bureau for

transmission to the 71st session of the Nevada Legislature any

recommendations for legislation that the council deems are necessary to

incorporate into the public schools the standards that it established.

7. The council shall, on or before June 30, 2001, report to the

legislative committee on education, regarding the standards and

examinations established by the council and adopted by the state board of

education.

Sec. 23. On or before February 28, 2000, the state board of education

shall adopt the standards of content and performance established by the

council to establish academic standards for public schools created pursuant

to section 7 of this act for the following courses of study:

1. Social studies, which includes only the subjects of history,

geography, economics and government.

2. Computer education and technology.

3. Health and physical education.

4. The arts.

The standards of content and performance must take effect commencing in

the 2000-2001 school year.

Sec. 24. 1. On or before December 1, 2000, the state board of

education shall, pursuant to the recommendations of the council to establish

academic standards for public schools, develop or purchase examinations

that measure the achievement and proficiency of pupils in grades 3 and 5

on the standards of content and performance established by the council for

English and mathematics. The examinations must be scored by a single

private entity or the department of education.

2. The examinations must be administered to all pupils who are

required to take the examinations commencing in the spring semester of

2001. In the first year that the examinations are administered, the results of

the examinations must be used solely to gather information and data

concerning the examinations.

Sec. 25. 1. On or before December 1, 2001, the state board of

education shall, pursuant to the recommendations of the council to establish

academic standards for public schools, develop or purchase examinations

that measure the achievement and proficiency of pupils in grades 3 and 5

on the standards of content and performance established by the council for

science and social studies. The examinations must be scored by a single

private entity or the department of education.

2. The examinations must be administered to all pupils who are

required to take the examinations commencing in the spring semester of

2002. In the first year that the examinations are administered, the results of

the examinations must be used solely to gather information and data

concerning the examinations.

  1. Sec. 26. Commencing in the 2001-2002 school year, the high school
  1. proficiency examination that, pursuant to NRS 389.015, pupils must pass to
  1. receive a standard high school diploma must measure the performance of
  1. pupils on the standards of content and performance in English, mathematics
  1. and science established by the council to establish academic standards for
  1. public schools created pursuant to section 7 of this act and adopted by the
  1. state board of education. The high school proficiency examination that
  1. measures the performance of pupils on those standards must first be
  1. administered to pupils enrolled in grade 11 in the 2001-2002 school year,
  1. who must pass the examination before the completion of grade 12 to
  1. graduate with a standard high school diploma in the 2002-2003 school
  1. year. Pupils who graduate from high school in the 2001-2002 school year
  1. are not required to pass the examination that measures the performance of
  1. pupils on the standards established by the council to establish academic
  1. standards for public schools and adopted by the state board of education,
  1. but must pass the examination that is administered to pupils in the
  1. immediately preceding school year.

Sec. 27. As used in sections 27 to 37, inclusive, of this act, unless the

context otherwise requires, the words and terms defined in sections 28, 29

and 30 of this act have the meanings ascribed to them in those sections.

Sec. 28. "Eligible pupil" means a pupil who was classified as a senior

in high school during the 1998-1999 school year and who fulfilled the

requirements for a standard high school diploma except that the pupil did

not receive a passing score on the high school proficiency examination in

mathematics.

Sec. 29. "High school proficiency examination" means the

examination that is first administered to pupils before the completion of

grade 11 pursuant to NRS 389.015, which pupils must pass to receive a

standard high school diploma.

Sec. 30. "Passing score" means the scaled score of 61 set by the state

board of education pursuant to paragraph (a) of subsection 2 of section 6 of

chapter 568, Statutes of Nevada 1997, at page 2772, for pupils to receive a

standard high school diploma in June 1999.

Sec. 31. 1. If a school district contains a public school in which an

eligible pupil was enrolled in the 1998-1999 school year, the school district

shall, during the summer months of 1999, provide remedial instruction in

mathematics.

2. The remedial instruction in mathematics required by subsection 1

must:

(a) Include an intensive program of instruction or tutoring in the basic

skills and principles of mathematics and in solving mathematical problems

that a pupil may have missed or been unable to master in the coursework he

completed in high school; and

(b) Provide instruction in mathematics at least at the level of proficiency

required for a pupil to receive a passing score on the high school

proficiency examination in mathematics.

3. A school district may approve additional programs of remedial

instruction or tutoring in mathematics offered by other organizations if the

programs meet the criteria set forth in subsection 2.

Sec. 32. In addition to the administration of the high school

proficiency examination scheduled in June 1999, the department of

education shall administer and score two additional high school proficiency

examinations in mathematics. One of the additional examinations must be

administered in July 1999, and the other additional examination must be

administered in August 1999. Only eligible pupils who participated in

remedial instruction pursuant to section 31 of this act may take the

additional examinations in July and August.

Sec. 33. 1. An eligible pupil may participate in the graduation

ceremony of his high school in 1999 and receive a certificate of attendance.

2. If an eligible pupil receives a passing score on the high school

proficiency examination that is regularly scheduled for June 1999, a

standard high school diploma must be awarded to the pupil to replace the

certificate of attendance.

3. If an eligible pupil participates in remedial instruction pursuant to

section 31 of this act, and subsequently receives a passing score on the high

school proficiency examination administered in July or August of 1999, a

standard high school diploma must be awarded to the pupil to replace the

certificate of attendance.

4. If an eligible pupil does not:

(a) Receive a passing score on the high school proficiency examination

in June 1999; and

(b) Participate in remedial instruction pursuant to section 31 of this act

and receive a passing score on one of the additional examinations

administered,

the pupil is not eligible to receive a standard high school diploma to replace

his certificate of attendance pursuant to sections 27 to 37, inclusive, of this

act.

Sec. 34. The provisions of sections 27 to 37, inclusive, of this act do

not preclude an eligible pupil from pursuing an adult high school diploma

or from continuing to retake the high school proficiency examination in

mathematics as a pupil enrolled in the adult high school diploma program.

Sec. 35. Each school district shall:

1. Review the coursework in mathematics taken by each pupil enrolled

in grade 11 who failed the high school proficiency examination in

mathematics in the 1998-1999 school year; and

2. Provide guidance to each pupil in the coursework and remedial

instruction necessary to assist the pupil in passing the high school

proficiency examination during the 1999-2000 school year.

Sec. 36. 1. The department of education shall establish a task force,

consisting of ten members, to conduct a study of the high school

proficiency examination in mathematics.

2. The superintendent of public instruction shall appoint the following

members to the task force:

(a) One director of testing of a school district;

(b) One teacher of mathematics in a public high school;

(c) One director of mathematics curriculum of a school district;

(d) One parent of a pupil enrolled in a public high school in this state;

(e) One representative of a private business or industry;

(f) One member of the council to establish academic standards for

public schools; and

(g) One member of the board of trustees of a school district.

3. The majority leader of the senate shall appoint one senator to the

task force.

4. The speaker of the assembly shall appoint one assemblyman to the

task force.

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

representative of the University and Community College System of Nevada

to the task force.

6. The task force shall elect a chairman from among its members.

7. The department of education shall provide:

(a) Administrative support to the task force; and

(b) All information that is necessary for the task force to carry out its

duties.

8. For each day or portion of a day during which a member of the task

force who is a legislator attends a meeting of the task force or is otherwise

engaged in the business of the task force, except during a regular or special

session of the legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the members of the

legislature during the first 60 days of the preceding session;

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

generally; and

(c) Travel expenses provided pursuant to NRS 218.2207.

The compensation, per diem allowances and travel expenses of the

legislative members of the task force must be paid from the legislative fund.

9. A member of the task force who is not a legislator is entitled to

receive the per diem allowance and travel expenses provided for state

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

which he attends a meeting of the task force or is otherwise engaged in the

business of the task force.

Sec. 37. 1. The task force created pursuant to section 36 of this act

shall:

(a) Compare the content of the high school proficiency examination in

mathematics with the course of study and curriculum offered in the public

schools in this state; and

(b) Review the current methods of reporting the results of the high

school proficiency examination to school districts and to parents of pupils

to determine whether alternative methods of reporting would improve the

ability of school districts and parents to assist pupils in areas of deficiency.

2. Notwithstanding the provisions of NRS 389.017 to the contrary, the

superintendent of public instruction shall disclose to the task force the

questions and answers on all forms of the high school proficiency

examination in mathematics to the extent the disclosure is necessary for the

task force to carry out its duties. The disclosure must be made in a manner

that does not violate the confidentiality of the examination.

3. The provisions of chapter 241 of NRS do not apply to a meeting or a

portion of a meeting of the task force to the extent that it is necessary for

the task force to maintain the confidentiality of the high school proficiency

examination in mathematics.

4. The task force shall submit a report of its findings and any

recommendations to the state board of education and the legislative

committee on education on or before December 1, 1999.

Sec. 38. 1. There is hereby appropriated from the state general fund

to the department of education the sum of $48,000 for the:

(a) Cost of preparing, printing, mailing and scoring the high school

proficiency examination in mathematics for the two additional

administrations of the examination required by section 32 of this act;

(b) Payment of the per diem allowances and travel expenses for the

members of the task force to study the high school proficiency examination

in mathematics pursuant to subsection 9 of section 36 of this act;

(c) Payroll costs of employees of the department of education for any

overtime incurred for the administration of the two additional examinations

required by section 32 of this act;

(d) Expenses for printing and postage for providing information on

testing and practice tests to the school districts; and

(e) Payment of consulting services for a test vendor who has experience

in statewide testing and high school proficiency examinations to assist the

task force.

2. Any remaining balance of the appropriation made by subsection 1

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

the state general fund as soon as all payments of money committed have

been made.

Sec. 39. 1. There is hereby appropriated from the state general fund

to the department of education the sum of $300,000 for allocation to the

school districts to provide remedial instruction in mathematics pursuant to

section 31 of this act.

2. To receive an allocation from the appropriation made by subsection

1, a school district must submit a written plan for providing remedial

instruction in mathematics that meets the requirements of section 31 of this

act. The written plan must include:

(a) The estimated number of pupils that will participate in the program

of remedial instruction;

(b) The curriculum that will be taught;

(c) A detailed schedule of the coursework included in the remedial

instruction;

(d) The sources from which the matching money that is required by this

section will be obtained; and

(e) A budget for the program.

3. The superintendent of public instruction shall, in consultation with

the budget division of the department of administration and the legislative

bureau of educational accountability and program evaluation, review each

written plan. A written plan must be approved by the superintendent of

public instruction before an allocation from the appropriation is made.

4. Except as otherwise provided in this subsection, the superintendent

of public instruction shall not make an allocation to a school district unless

the school district matches the allocation equally with other money

available to the school district. The superintendent of public instruction

may reduce the amount of matching money that a school district is

otherwise required to provide if the school district demonstrates that it is

unable to provide that sum of money.

5. A school district that receives an allocation pursuant to this section

shall use the money to pay the expenses of teachers and other personnel

hired during the summer of 1999 to provide remedial instruction in

mathematics and to pay for the purchase of related instructional materials.

6. A school district that receives an allocation pursuant to this section

shall not use the money to replace the money the school district would

otherwise spend for programs of remedial study.

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

must not be committed for expenditure after June 30, 2000, and reverts to

the state general fund as soon as all payments of money committed have

been made.

Sec. 40. 1. There is hereby appropriated from the state general fund

to the interim finance committee the sum of $300,000 to carry out a

financial analysis model program in each school district that is designed to

track educational expenditures to individual schools.

2. Any remaining balance of the appropriation made by subsection 1

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

the state general fund as soon as all payments of money committed have

been made.

Sec. 41. 1. This section and sections 19, 20 and 21 and 27 to 40,

inclusive, of this act become effective upon passage and approval.

2. Section 7 of this act becomes effective upon passage and approval

for the purpose of appointing members to the council to establish academic

standards for public schools and on July 1, 1999, for all other purposes.

3. Sections 1 to 6, inclusive, 8 to 18, inclusive, and 22 to 26, inclusive,

of this act become effective on July 1, 1999.

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