EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

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

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

1-13 them approved by the state board.

2-1 3. A charter school is not required to offer the courses of study

2-2 prescribed by the state board except for those courses of study which are

2-3 required for promotion to the next grade or graduation from high school.

2-4 Sec. 2. NRS 385.150 is hereby amended to read as follows:

2-5 385.150 1. The state board shall appoint the superintendent of

2-13 service of the state.

2-14 Sec. 3. NRS 385.230 is hereby amended to read as follows:

2-15 385.230 1. The superintendent of public instruction shall report to

2-21 matters relating to education in this state.

2-22 Sec. 4. NRS 386.550 is hereby amended to read as follows:

2-23 386.550 A charter school shall:

2-43 by statute or regulation for promotion to the next grade or graduation from

3-1 a public high school and require the pupils who are enrolled in the charter

3-2 school to take those courses of study. This subsection does not preclude a

3-3 charter school from offering, or requiring the pupils who are enrolled in the

3-4 charter school to take, other courses of study that are required by statute or

3-5 regulation.

3-6 10. Provide instruction on acquired immune deficiency syndrome and

3-7 the human reproductive system, related to communicable diseases and

3-8 sexual responsibility in accordance with NRS 389.065.

3-9 11. Adhere to the same transportation policy that is in effect in the

3-10 school district in which the charter school is located.

3-11 Sec. 5. Chapter 389 of NRS is hereby amended by adding thereto the

3-12 provisions set forth as sections 6 to 13, inclusive, of this act.

3-13 Sec. 6. As used in sections 6 to 13, inclusive, of this act, "council"

3-14 means the council to establish academic standards for public schools.

3-15 Sec. 7. 1. The council to establish academic standards for public

3-16 schools, consisting of eight members, is hereby created. The membership

3-43 that member if the member neglects his duty or commits malfeasance in

4-1 office, or for other just cause. A vacancy in the membership of the

4-2 council must be filled for the remainder of the unexpired term in the

4-3 same manner as the original appointment.

4-4 6. The governor shall select a chairman from among the

4-5 membership of the council in accordance with this subsection. The

4-6 governor shall not select as chairman a member of the council who is

4-7 affiliated with the public school system in this state, except that this

4-8 subsection does not preclude the governor from selecting a parent or

4-9 legal guardian of a pupil as chairman if the parent or legal guardian is

4-10 not otherwise affiliated with the public school system in this state. Once

4-11 selected by the governor, the chairman holds that office for 2 years.

4-12 7. For each day or portion of a day during which a member of the

4-13 council who is a legislator attends a meeting of the council or is

4-14 otherwise engaged in the work of the council, except during a regular or

4-15 special session of the legislature, he is entitled to receive the:

4-16 (a) Compensation provided for a majority of the members of the

4-17 legislature during the first 60 days of the preceding session;

4-18 (b) Per diem allowance provided for state officers and employees

4-19 generally; and

4-20 (c) Travel expenses provided pursuant to NRS 218.2207.

4-21 The compensation, per diem allowances and travel expenses of the

4-22 legislative members of the council must be paid from the legislative fund.

4-23 8. Members of the council who are not legislators serve without

4-24 salary, but are entitled to receive the per diem allowance and travel

4-25 expenses provided for state officers and employees generally.

4-26 Sec. 8. 1. The council shall:

4-27 (a) Establish standards of content and performance, including,

4-28 without limitation, a prescription of the resulting level of achievement,

4-29 for the grade levels set forth in subsection 2, based upon the content of

4-30 each course, that is expected of pupils for the following courses of study:

4-31 (1) English, including reading, composition and writing;

4-32 (2) Mathematics;

4-33 (3) Science;

4-34 (4) Social studies, which includes only the subjects of history,

4-35 geography, economics and government;

4-36 (5) The arts;

4-37 (6) Computer education and technology;

4-38 (7) Health; and

4-39 (8) Physical education.

4-40 (b) Establish a schedule for the periodic review and, if necessary,

4-41 revision of the standards of content and performance. The review must

4-42 include, without limitation, the review required pursuant to section 13 of

5-1 this act of the results of pupils on the examinations administered

5-2 pursuant to section 11 of this act.

5-3 (c) Assign priorities to the standards of content and performance

5-4 relative to importance and degree of emphasis and revise the standards,

5-5 if necessary, based upon the priorities.

5-6 2. The council shall establish standards of content and performance

5-7 for each grade level in kindergarten and grades 1 to 8, inclusive, for

5-8 English and mathematics. The council shall establish standards of

5-9 content and performance for the grade levels selected by the council for

5-10 the other courses of study prescribed in subsection 1.

5-11 3. The state board shall adopt the standards of content and

5-12 performance established by the council.

5-13 4. The council shall work in cooperation with the state board to

5-14 prescribe the examinations required by section 11 of this act.

5-15 Sec. 9. 1. The department shall provide:

5-16 (a) Administrative support;

5-17 (b) Equipment; and

5-18 (c) Office space,

5-19 as is necessary for the council to carry out its duties.

5-20 2. The council may request assistance from any agency of this state

5-21 if the assistance is necessary for the council to carry out its duties.

5-22 Sec. 10. The board of trustees of each school district shall conduct a

5-23 periodic review of the courses of study offered in the public schools of the

5-24 school district to determine whether the courses of study comply with the

5-25 standards of content and performance established by the council

5-26 pursuant to section 8 of this act and if revision of the courses of study is

5-27 necessary to ensure compliance.

5-28 Sec. 11. 1. The state board shall, in consultation with the council,

5-29 prescribe examinations that measure the achievement and proficiency of

5-30 pupils in selected grades in the standards of content established by the

5-31 council that are in addition to the examinations administered pursuant to

5-32 NRS 389.015. The state board shall, based upon the recommendations of

5-33 the council, select the grade levels of pupils that are required to take the

5-34 examinations and the standards that the examinations must measure.

5-35 2. The board of trustees of each school district and the governing

5-36 body of each charter school shall administer the examinations prescribed

5-37 by the state board. The examinations must be:

5-38 (a) Administered to pupils in each school district and each charter

5-39 school at the same time, as prescribed by the state board.

5-40 (b) Administered in each school in accordance with uniform

5-41 procedures adopted by the state board. The department shall monitor the

5-42 school districts and individual schools to ensure compliance with the

5-43 uniform procedures.

6-1 Sec. 12. 1. The state board shall adopt regulations that require the

6-2 board of trustees of each school district and the governing body of each

6-3 charter school to submit to the superintendent of public instruction, the

6-4 department and the council, in the form and manner prescribed by the

6-5 superintendent, the results of the examinations administered pursuant to

6-6 this section. The state board shall not include in the regulations any

6-7 provision that would violate the confidentiality of the test scores of an

6-8 individual pupil.

6-9 2. The results of the examinations must be reported for each school,

6-10 including, without limitation, each charter school, school district and this

6-11 state, as follows:

6-12 (a) The percentage of pupils who have demonstrated proficiency, as

6-13 defined by the department, and took the examinations under regular

6-14 testing conditions; and

6-15 (b) The percentage of pupils who have demonstrated proficiency, as

6-16 defined by the department, and took the examinations with modifications

6-17 or accommodations approved by the private entity that created the

6-18 examination or, if the department created the examination, the

6-19 department, if such reporting does not violate the confidentiality of the

6-20 test scores of any individual pupil.

6-21 3. The department shall adopt regulations prescribing the

6-22 requirements for reporting the results of pupils who:

6-23 (a) Took the examinations under conditions that were not approved by

6-24 the private entity that created the examination or, if the department

6-25 created the examination, by the department;

6-26 (b) Are enrolled in special schools for children with disabilities;

6-27 (c) Are enrolled in an alternative program for the education of pupils

6-28 at risk of dropping out of high school; or

6-29 (d) Are detained in a:

6-30 (1) Youth training center;

6-31 (2) Youth center;

6-32 (3) Juvenile forestry camp;

6-33 (4) Detention home;

6-34 (5) Youth camp;

6-35 (6) Juvenile correctional institution; or

6-36 (7) Correctional institution.

6-37 The results reported pursuant to this subsection must not be included in

6-38 the percentage of pupils reported pursuant to subsection 2.

6-39 4. Not later than 10 days after the department receives the results of

6-40 the examinations, the department shall transmit a copy of the results to

6-41 the legislative bureau of educational accountability and program

6-42 evaluation in a manner that does not violate the confidentiality of the test

6-43 scores of any individual pupil.

7-1 5. On or before November 1 of each year, each school district and

7-2 each charter school shall report to the department the following

7-3 information for each examination administered in the public schools in

7-4 the school district or charter school:

7-5 (a) The examination administered;

7-6 (b) The grade level or levels of pupils to whom the examination was

7-7 administered;

7-8 (c) The costs incurred by the school district or charter school in

7-9 administering each examination; and

7-10 (d) The purpose, if any, for which the results of the examination are

7-11 used by the school district or charter school.

7-12 On or before December 1 of each year, the department shall transmit to

7-13 the budget division of the department of administration and the fiscal

7-14 analysis division of the legislative counsel bureau the information

7-15 submitted to the department pursuant to this subsection.

7-16 6. The superintendent of schools of each school district and the

7-17 governing body of each charter school shall certify that the number of

7-18 pupils who took the examinations is equal to the number of pupils who

7-19 are enrolled in each school in the school district or in the charter school

7-20 who are required to take the examinations, except for those pupils who

7-21 are exempt from taking the examinations. A pupil may be exempt from

7-22 taking the examinations if:

7-23 (a) His primary language is not English and his proficiency in the

7-24 English language is below the level that the state board determines is

7-25 proficient, as measured by an assessment of proficiency in the English

7-26 language prescribed by the state board pursuant to subsection 8; or

7-27 (b) He is enrolled in a program of special education pursuant to NRS

7-28 388.440 to 388.520, inclusive, and his program of special education

7-29 specifies that he is exempt from taking the examinations.

7-30 7. In addition to the information required by subsection 5, the

7-31 superintendent of public instruction shall:

7-32 (a) Report the number of pupils who were not exempt from taking the

7-33 examinations but were absent from school on the day that the

7-34 examinations were administered; and

7-35 (b) Reconcile the number of pupils who were required to take the

7-36 examinations with the number of pupils who were exempt from taking

7-37 the examinations or absent from school on the day that the examinations

7-38 were administered.

7-39 8. The state board shall prescribe an assessment of proficiency in the

7-40 English language for pupils whose primary language is not English to

7-41 determine which pupils are exempt from the examinations pursuant to

7-42 paragraph (a) of subsection 6.

8-1 Sec. 13. 1. The council shall review the results of pupils on the

8-2 examinations administered pursuant to section 11 of this act, including,

8-3 without limitation, for each school in a school district and each charter

8-4 school that is located within a school district, a review of the results for

8-5 the current school year and a comparison of the progress, if any, made

8-6 by the pupils enrolled in the school from preceding school years.

8-7 2. After the completion of the review pursuant to subsection 1, the

8-8 council shall evaluate:

8-9 (a) Whether the standards of content and performance established by

8-10 the council require revision; and

8-11 (b) The success of pupils, as measured by the results of the

8-12 examinations, in achieving the standards of performance established by

8-13 the council.

8-14 3. The council shall report the results of the evaluation conducted

8-15 pursuant to subsection 2 to the state board and the legislative committee

8-16 on education.

8-17 Sec. 14. NRS 389.010 is hereby amended to read as follows:

8-18 389.010 Except as otherwise provided in NRS 389.170 and 389.180,

8-24 2. The courses of study prescribed and adopted by the state board.

8-25 Sec. 15. NRS 390.005 is hereby amended to read as follows:

8-26 390.005 As used in this chapter, unless the context requires otherwise:

8-35 years have elapsed since its removal from the adopted list.

8-36 Sec. 16. NRS 390.140 is hereby amended to read as follows:

8-37 390.140 1. The state board shall make the final selection of all

8-42 the state board shall not select the textbook unless the state board

9-1 determines that the textbook adequately supports the standards for that

9-2 subject area.

9-3 2. A textbook must not be selected by the state board pursuant to

9-4 subsection 1 for use in the public schools in classes in literature, history or

9-5 social sciences unless it accurately portrays the cultural and racial diversity

9-6 of our society, including lessons on the contributions made to our society

9-7 by men and women from various racial and ethnic backgrounds.

9-8 Sec. 17. NRS 391.038 is hereby amended to read as follows:

9-9 391.038 1. The state board, in consultation with educational

9-41 judicial review of the decision of the state board.

10-1 Sec. 18. Section 45 of chapter 473, Statutes of Nevada 1997, at page

10-2 1780, is hereby amended to read as follows:

10-3 Sec. 45. 1. The council to establish academic standards for

10-42 meetings must be held to hear public testimony concerning the

11-1 proposed standards of content and performance and the

11-2 examinations of achievement and proficiency.

11-3 (b) Consult with licensed educational personnel in the various

11-4 school districts and with other persons who have knowledge and

11-5 experience concerning standards of content and performance or

11-6 examinations of achievement and proficiency in education.

11-7 (c) Review and consider any standards of content and

11-8 performance and any examinations of achievement and proficiency:

11-9 (1) Adopted by this state;

11-10 (2) Adopted by the Commonwealth of Virginia or any other

11-11 states;

11-12 (3) Adopted by the Federal Government; or

11-13 (4) Advocated in publications of entities, including, but not

11-14 limited to, the "Standards Primer: A Resource for Accelerating the

11-15 Pace of Reform," published in 1996 by the Education Leaders

11-16 Council.

11-17 4. The state board of education shall adopt [:

11-18 (a) On] , on or before January 1, 1999, the standards of content

11-19 and performance established by the council pursuant to [paragraph

11-20 (a) of] subsection 1, to take effect in the 1999-2000 school year.

11-21 [(b) Examinations of achievement and proficiency to be

11-22 administered statewide, commencing in the 1999-2000 school year,

11-23 to measure the achievement of pupils in the standards of content

11-24 and performance adopted by the state board of education pursuant

11-25 to paragraph (a). In adopting the examinations, the state board shall

11-26 consider the written recommendations submitted by the council

11-27 pursuant to subsection 2. The examinations must be scored by a

11-28 single private entity or the department of education.

11-29 (c) On or before January 1, 2000, the standards of content and

11-30 performance established by the council pursuant to paragraph (b) of

11-31 subsection 1, to take effect in the 2000-2001 school year.

11-32 (d) Examinations of achievement and proficiency in social

11-33 studies to be administered statewide, commencing in the 2000-2001

11-34 school year, to measure the achievement of pupils in social studies

11-35 in the standards of content and performance adopted by the state

11-36 board pursuant to paragraph (c). In adopting the examinations, the

11-37 state board shall consider the written recommendations submitted

11-38 by the council pursuant to subsection 2. The examinations must be

11-39 scored by a single private entity or the department of education.]

11-40 5. The state board of education shall [:

11-41 (a) On] , on or before February 1, 1999, submit a written report

11-42 to the council and to the director of the legislative counsel bureau

11-43 for transmission to the 70th session of the Nevada legislature. The

12-1 written report must include a description of the standards adopted

12-2 by the state board of education.

12-3 [(b) On or before February 1, 2001, submit a written report to

12-4 the council and to the director of the legislative counsel bureau for

12-5 transmission to the 71st session of the Nevada legislature. The

12-6 written report must include a description of the standards adopted

12-7 by the state board of education.]

12-8 6. In addition to the duties prescribed in subsections 1 and 2,

12-9 the council shall [:

12-10 (a) As] , as soon as practicable, but not later than April 1, 1999:

12-11 [(1)] (a) Submit to the governor, the senate standing

12-12 committee on finance and the assembly standing committee on ways

12-13 and means, written reports regarding the standards adopted by the

12-14 state board of education pursuant to [paragraph (a) of] subsection 4.

12-15 [(2)] (b) Submit to the director of the legislative counsel

12-16 bureau for transmission to the 70th session of the Nevada

12-17 legislature any recommendations for legislation that the council

12-18 deems are necessary to incorporate into the public schools the

12-19 standards that it established pursuant to [paragraph (a) of]

12-20 subsection 1.

12-21 [(b) As soon as practicable, but not later than April 1, 2001:

12-22 (1) Submit to the governor, the senate standing committee on

12-23 finance and the assembly standing committee on ways and means,

12-24 written reports regarding the standards adopted by the state board of

12-25 education pursuant to paragraph (c) of subsection 4.

12-26 (2) Submit to the director of the legislative counsel bureau for

12-27 transmission to the 71st session of the Nevada Legislature any

12-28 recommendations for legislation that the council deems are

12-29 necessary to incorporate into the public schools the standards that it

12-30 established pursuant to paragraphs (a) or (b) of subsection 1.]

12-31 7. The council shall, on or before June 30, 1999, [and on or

12-32 before June 30, 2001,] report to the legislative committee on

12-33 education, created pursuant to section 37 of this act, regarding the

12-34 standards [and examinations] adopted by the state board of

12-35 education pursuant to subsection 4.

12-36 [8. The council shall, on or before June 30, 2001, coordinate its

12-37 duties pursuant to this section with the legislative bureau of

12-38 educational accountability and program evaluation, created pursuant

12-39 to section 41 of this act, to enable the bureau to continue the duties

12-40 of the council of evaluating and reporting after June 30, 2001.]

13-1 Sec. 19. Section 64 of chapter 473, Statutes of Nevada 1997, at page

13-2 1788, is hereby amended to read as follows:

13-3 Sec. 64. 1. This section and section 63 of this act become

13-24 January 1, 1998.

13-25 Sec. 20. Section 2 of Senate Bill No. 49 of this session is hereby

13-26 repealed.

13-27 Sec. 21. 1. The term of the president of the state board of education

13-28 or his designee on the council to establish academic standards for public

13-29 schools created pursuant to section 43 of chapter 473, Statutes of Nevada

13-30 1997, at page 1779, who is incumbent on June 30, 1999, expires on that

13-31 date.

13-32 2. The terms of all members appointed to the council to establish

13-33 academic standards for public schools created pursuant to section 43 of

13-34 chapter 473, Statutes of Nevada 1997, at page 1779, who are incumbent on

13-35 June 30, 1999, expire on that date.

13-36 3. Not later than July 1, 1999, appointments to the council to establish

13-37 academic standards for public schools pursuant to section 7 of this act must

13-38 be made as follows:

13-39 (a) Two members appointed by the governor must be appointed to terms

13-40 expiring on June 30, 2001.

13-41 (b) One member appointed by the majority leader of the senate and one

13-42 member appointed by the speaker of the assembly must be appointed to

13-43 terms expiring on June 30, 2002.

14-1 (c) One member appointed by the majority leader of the senate, one

14-2 member appointed by the speaker of the assembly and two
14-3 members appointed by the governor must be appointed to terms expiring on

14-4 June 30, 2003.

14-5 These appointments may include former members whose terms expired

14-6 pursuant to subsection 2.

14-7 Sec. 22. 1. On or before January 15, 2000, the council to establish

14-8 academic standards for public schools created pursuant to section 7 of this

14-9 act shall establish standards of content and performance, including, without

14-10 limitation, a prescription of the resulting level of achievement, based upon

14-11 the content of each course, that is expected of pupils for the following

14-12 courses of study:

14-13 (a) Social studies, which includes only the subjects of history,

14-14 geography, economics and government.

14-15 (b) Computer education and technology.

14-16 (c) Health and physical education.

14-17 (d) The arts.

14-18 2. On or before January 15, 2000, the council shall submit written

14-19 recommendations to the state board of education on the type of

14-20 examinations of achievement and proficiency in social studies to be

14-21 administered statewide that may be used to measure the achievement and

14-22 proficiency of pupils in the standards of content and performance

14-23 established by the council pursuant to paragraph (a) of subsection 1. The

14-24 recommendations must include the grades in which the examinations

14-25 should be administered.

14-26 3. In developing the standards and examinations pursuant to section 8

14-27 of this act, the council shall:

14-28 (a) Hold at least eight meetings. The meetings must be held in at least

14-29 four different counties during the period commencing July 1, 1999, and

14-30 expiring June 30, 2001. At least four of these meetings must be held to hear

14-31 public testimony concerning the proposed standards of content and

14-32 performance and the examinations of achievement and proficiency.

14-33 (b) Consult with licensed educational personnel in the various school

14-34 districts and with other persons who have knowledge and experience

14-35 concerning standards of content and performance or examinations of

14-36 achievement and proficiency in education.

14-37 (c) Review and consider any standards of content and performance and

14-38 any examinations of achievement and proficiency:

14-39 (1) Adopted by this state;

14-40 (2) Adopted by the Commonwealth of Virginia or any other states;

14-41 (3) Adopted by the Federal Government; or

15-1 (4) Advocated in publications of entities, including, but not limited to,

15-2 the "Standards Primer: A Resource for Accelerating the Pace of Reform,"

15-3 published in 1996 by the Education Leaders Council.

15-4 4. The standards established by the council for:

15-5 (a) English, including reading, composition and writing;

15-6 (b) Mathematics; and

15-7 (c) Science,

15-8 must take effect in the public schools in this state commencing in the
15-9 1999-2000 school year.

15-10 5. The standards established by the council for:

15-11 (a) Social studies, which includes only the subjects of history,

15-12 geography, economics and government;

15-13 (b) Computer education and technology;

15-14 (c) Health and physical education; and

15-15 (d) The arts,

15-16 must take effect in the public schools in this state commencing in the
15-17 2000-2001 school year.

15-18 6. The council shall, as soon as practicable, but not later than April 1,

15-19 2001:

15-20 (a) Submit to the governor, the senate standing committee on finance

15-21 and the assembly standing committee on ways and means, written reports

15-22 regarding the standards established by the council.

15-23 (b) Submit to the director of the legislative counsel bureau for

15-24 transmission to the 71st session of the Nevada Legislature any

15-25 recommendations for legislation that the council deems are necessary to

15-26 incorporate into the public schools the standards that it established.

15-27 7. The council shall, on or before June 30, 2001, report to the

15-28 legislative committee on education, regarding the standards and

15-29 examinations established by the council and adopted by the state board of

15-30 education.

15-31 Sec. 23. On or before February 28, 2000, the state board of education

15-32 shall adopt the standards of content and performance established by the

15-33 council to establish academic standards for public schools created pursuant

15-34 to section 7 of this act for the following courses of study:

15-35 1. Social studies, which includes only the subjects of history,

15-36 geography, economics and government.

15-37 2. Computer education and technology.

15-38 3. Health and physical education.

15-39 4. The arts.

15-40 The standards of content and performance must take effect commencing in

15-41 the 2000-2001 school year.

16-1 Sec. 24. 1. On or before December 1, 2000, the state board of

16-2 education shall, pursuant to the recommendations of the council to establish

16-3 academic standards for public schools, develop or purchase examinations

16-4 that measure the achievement and proficiency of pupils in grades 3 and 5

16-5 on the standards of content and performance established by the council for

16-6 English and mathematics. The examinations must be scored by a single

16-7 private entity or the department of education.

16-8 2. The examinations must be administered to all pupils who are

16-9 required to take the examinations commencing in the spring semester of

16-10 2001. In the first year that the examinations are administered, the results of

16-11 the examinations must be used solely to gather information and data

16-12 concerning the examinations.

16-13 Sec. 25. 1. On or before December 1, 2001, the state board of

16-14 education shall, pursuant to the recommendations of the council to establish

16-15 academic standards for public schools, develop or purchase examinations

16-16 that measure the achievement and proficiency of pupils in grades 3 and 5

16-17 on the standards of content and performance established by the council for

16-18 science and social studies. The examinations must be scored by a single

16-19 private entity or the department of education.

16-20 2. The examinations must be administered to all pupils who are

16-21 required to take the examinations commencing in the spring semester of

16-22 2002. In the first year that the examinations are administered, the results of

16-23 the examinations must be used solely to gather information and data

16-24 concerning the examinations.

16-25 Sec. 26. Commencing in the 2001-2002 school year, the high school

16-26 proficiency examination that, pursuant to NRS 389.015, pupils must pass to

16-27 receive a standard high school diploma must measure the performance of

16-28 pupils on the standards of content and performance in English, mathematics

16-29 and science established by the council to establish academic standards for

16-30 public schools created pursuant to section 7 of this act and adopted by the

16-31 state board of education. The high school proficiency examination that

16-32 measures the performance of pupils on those standards must first be

16-33 administered to pupils enrolled in grade 11 in the 2001-2002 school year,

16-34 who must pass the examination before the completion of grade 12 to

16-35 graduate with a standard high school diploma in the 2002-2003 school

16-36 year. Pupils who graduate from high school in the 2001-2002 school year

16-37 are not required to pass the examination that measures the performance of

16-38 pupils on the standards established by the council to establish academic

16-39 standards for public schools and adopted by the state board of education,

16-40 but must pass the examination that is administered to pupils in the

16-41 immediately preceding school year.

17-1 Sec. 27. As used in sections 27 to 37, inclusive, of this act, unless the

17-2 context otherwise requires, the words and terms defined in sections 28, 29

17-3 and 30 of this act have the meanings ascribed to them in those sections.

17-4 Sec. 28. "Eligible pupil" means a pupil who was classified as a senior

17-5 in high school during the 1998-1999 school year and who fulfilled the

17-6 requirements for a standard high school diploma except that the pupil did

17-7 not receive a passing score on the high school proficiency examination in

17-8 mathematics.

17-9 Sec. 29. "High school proficiency examination" means the

17-10 examination that is first administered to pupils before the completion of

17-11 grade 11 pursuant to NRS 389.015, which pupils must pass to receive a

17-12 standard high school diploma.

17-13 Sec. 30. "Passing score" means the scaled score of 61 set by the state

17-14 board of education pursuant to paragraph (a) of subsection 2 of section 6 of

17-15 chapter 568, Statutes of Nevada 1997, at page 2772, for pupils to receive a

17-16 standard high school diploma in June 1999.

17-17 Sec. 31. 1. If a school district contains a public school in which an

17-18 eligible pupil was enrolled in the 1998-1999 school year, the school district

17-19 shall, during the summer months of 1999, provide remedial instruction in

17-20 mathematics.

17-21 2. The remedial instruction in mathematics required by subsection 1

17-22 must:

17-23 (a) Include an intensive program of instruction or tutoring in the basic

17-24 skills and principles of mathematics and in solving mathematical problems

17-25 that a pupil may have missed or been unable to master in the coursework he

17-26 completed in high school; and

17-27 (b) Provide instruction in mathematics at least at the level of proficiency

17-28 required for a pupil to receive a passing score on the high school

17-29 proficiency examination in mathematics.

17-30 3. A school district may approve additional programs of remedial

17-31 instruction or tutoring in mathematics offered by other organizations if the

17-32 programs meet the criteria set forth in subsection 2.

17-33 Sec. 32. In addition to the administration of the high school

17-34 proficiency examination scheduled in June 1999, the department of

17-35 education shall administer and score two additional high school proficiency

17-36 examinations in mathematics. One of the additional examinations must be

17-37 administered in July 1999, and the other additional examination must be

17-38 administered in August 1999. Only eligible pupils who participated in

17-39 remedial instruction pursuant to section 31 of this act may take the

17-40 additional examinations in July and August.

18-1 Sec. 33. 1. An eligible pupil may participate in the graduation

18-2 ceremony of his high school in 1999 and receive a certificate of attendance.

18-3 2. If an eligible pupil receives a passing score on the high school

18-4 proficiency examination that is regularly scheduled for June 1999, a

18-5 standard high school diploma must be awarded to the pupil to replace the

18-6 certificate of attendance.

18-7 3. If an eligible pupil participates in remedial instruction pursuant to

18-8 section 31 of this act, and subsequently receives a passing score on the high

18-9 school proficiency examination administered in July or August of 1999, a

18-10 standard high school diploma must be awarded to the pupil to replace the

18-11 certificate of attendance.

18-12 4. If an eligible pupil does not:

18-13 (a) Receive a passing score on the high school proficiency examination

18-14 in June 1999; and

18-15 (b) Participate in remedial instruction pursuant to section 31 of this act

18-16 and receive a passing score on one of the additional examinations

18-17 administered,

18-18 the pupil is not eligible to receive a standard high school diploma to replace

18-19 his certificate of attendance pursuant to sections 27 to 37, inclusive, of this

18-20 act.

18-21 Sec. 34. The provisions of sections 27 to 37, inclusive, of this act do

18-22 not preclude an eligible pupil from pursuing an adult high school diploma

18-23 or from continuing to retake the high school proficiency examination in

18-24 mathematics as a pupil enrolled in the adult high school diploma program.

18-25 Sec. 35. Each school district shall:

18-26 1. Review the coursework in mathematics taken by each pupil enrolled

18-27 in grade 11 who failed the high school proficiency examination in

18-28 mathematics in the 1998-1999 school year; and

18-29 2. Provide guidance to each pupil in the coursework and remedial

18-30 instruction necessary to assist the pupil in passing the high school

18-31 proficiency examination during the 1999-2000 school year.

18-32 Sec. 36. 1. The department of education shall establish a task force,

18-33 consisting of ten members, to conduct a study of the high school

18-34 proficiency examination in mathematics.

18-35 2. The superintendent of public instruction shall appoint the following

18-36 members to the task force:

18-37 (a) One director of testing of a school district;

18-38 (b) One teacher of mathematics in a public high school;

18-39 (c) One director of mathematics curriculum of a school district;

18-40 (d) One parent of a pupil enrolled in a public high school in this state;

18-41 (e) One representative of a private business or industry;

18-42 (f) One member of the council to establish academic standards for

18-43 public schools; and

19-1 (g) One member of the board of trustees of a school district.

19-2 3. The majority leader of the senate shall appoint one senator to the

19-3 task force.

19-4 4. The speaker of the assembly shall appoint one assemblyman to the

19-5 task force.

19-6 5. The board of regents of the University of Nevada shall appoint one

19-7 representative of the University and Community College System of Nevada

19-8 to the task force.

19-9 6. The task force shall elect a chairman from among its members.

19-10 7. The department of education shall provide:

19-11 (a) Administrative support to the task force; and

19-12 (b) All information that is necessary for the task force to carry out its

19-13 duties.

19-14 8. For each day or portion of a day during which a member of the task

19-15 force who is a legislator attends a meeting of the task force or is otherwise

19-16 engaged in the business of the task force, except during a regular or special

19-17 session of the legislature, he is entitled to receive the:

19-18 (a) Compensation provided for a majority of the members of the

19-19 legislature during the first 60 days of the preceding session;

19-20 (b) Per diem allowance provided for state officers and employees

19-21 generally; and

19-22 (c) Travel expenses provided pursuant to NRS 218.2207.

19-23 The compensation, per diem allowances and travel expenses of the

19-24 legislative members of the task force must be paid from the legislative fund.

19-25 9. A member of the task force who is not a legislator is entitled to

19-26 receive the per diem allowance and travel expenses provided for state

19-27 officers and employees generally for each day or portion of a day during

19-28 which he attends a meeting of the task force or is otherwise engaged in the

19-29 business of the task force.

19-30 Sec. 37. 1. The task force created pursuant to section 36 of this act

19-31 shall:

19-32 (a) Compare the content of the high school proficiency examination in

19-33 mathematics with the course of study and curriculum offered in the public

19-34 schools in this state; and

19-35 (b) Review the current methods of reporting the results of the high

19-36 school proficiency examination to school districts and to parents of pupils

19-37 to determine whether alternative methods of reporting would improve the

19-38 ability of school districts and parents to assist pupils in areas of deficiency.

19-39 2. Notwithstanding the provisions of NRS 389.017 to the contrary, the

19-40 superintendent of public instruction shall disclose to the task force the

19-41 questions and answers on all forms of the high school proficiency

19-42 examination in mathematics to the extent the disclosure is necessary for the

20-1 task force to carry out its duties. The disclosure must be made in a manner

20-2 that does not violate the confidentiality of the examination.

20-3 3. The provisions of chapter 241 of NRS do not apply to a meeting or a

20-4 portion of a meeting of the task force to the extent that it is necessary for

20-5 the task force to maintain the confidentiality of the high school proficiency

20-6 examination in mathematics.

20-7 4. The task force shall submit a report of its findings and any

20-8 recommendations to the state board of education and the legislative

20-9 committee on education on or before December 1, 1999.

20-10 Sec. 38. 1. There is hereby appropriated from the state general fund

20-11 to the department of education the sum of $48,000 for the:

20-12 (a) Cost of preparing, printing, mailing and scoring the high school

20-13 proficiency examination in mathematics for the two additional

20-14 administrations of the examination required by section 32 of this act;

20-15 (b) Payment of the per diem allowances and travel expenses for the

20-16 members of the task force to study the high school proficiency examination

20-17 in mathematics pursuant to subsection 9 of section 36 of this act;

20-18 (c) Payroll costs of employees of the department of education for any

20-19 overtime incurred for the administration of the two additional examinations

20-20 required by section 32 of this act;

20-21 (d) Expenses for printing and postage for providing information on

20-22 testing and practice tests to the school districts; and

20-23 (e) Payment of consulting services for a test vendor who has experience

20-24 in statewide testing and high school proficiency examinations to assist the

20-25 task force.

20-26 2. Any remaining balance of the appropriation made by subsection 1

20-27 must not be committed for expenditure after June 30, 2001, and reverts to

20-28 the state general fund as soon as all payments of money committed have

20-29 been made.

20-30 Sec. 39. 1. There is hereby appropriated from the state general fund

20-31 to the department of education the sum of $300,000 for allocation to the

20-32 school districts to provide remedial instruction in mathematics pursuant to

20-33 section 31 of this act.

20-34 2. To receive an allocation from the appropriation made by subsection

20-35 1, a school district must submit a written plan for providing remedial

20-36 instruction in mathematics that meets the requirements of section 31 of this

20-37 act. The written plan must include:

20-38 (a) The estimated number of pupils that will participate in the program

20-39 of remedial instruction;

20-40 (b) The curriculum that will be taught;

20-41 (c) A detailed schedule of the coursework included in the remedial

20-42 instruction;

21-1 (d) The sources from which the matching money that is required by this

21-2 section will be obtained; and

21-3 (e) A budget for the program.

21-4 3. The superintendent of public instruction shall, in consultation with

21-5 the budget division of the department of administration and the legislative

21-6 bureau of educational accountability and program evaluation, review each

21-7 written plan. A written plan must be approved by the superintendent of

21-8 public instruction before an allocation from the appropriation is made.

21-9 4. Except as otherwise provided in this subsection, the superintendent

21-10 of public instruction shall not make an allocation to a school district unless

21-11 the school district matches the allocation equally with other money

21-12 available to the school district. The superintendent of public instruction

21-13 may reduce the amount of matching money that a school district is

21-14 otherwise required to provide if the school district demonstrates that it is

21-15 unable to provide that sum of money.

21-16 5. A school district that receives an allocation pursuant to this section

21-17 shall use the money to pay the expenses of teachers and other personnel

21-18 hired during the summer of 1999 to provide remedial instruction in

21-19 mathematics and to pay for the purchase of related instructional materials.

21-20 6. A school district that receives an allocation pursuant to this section

21-21 shall not use the money to replace the money the school district would

21-22 otherwise spend for programs of remedial study.

21-23 7. Any remaining balance of the appropriation made by subsection 1

21-24 must not be committed for expenditure after June 30, 2000, and reverts to

21-25 the state general fund as soon as all payments of money committed have

21-26 been made.

21-27 Sec. 40. 1. There is hereby appropriated from the state general fund

21-28 to the interim finance committee the sum of $300,000 to carry out a

21-29 financial analysis model program in each school district that is designed to

21-30 track educational expenditures to individual schools.

21-31 2. Any remaining balance of the appropriation made by subsection 1

21-32 must not be committed for expenditure after June 30, 2001, and reverts to

21-33 the state general fund as soon as all payments of money committed have

21-34 been made.

21-35 Sec. 41. 1. This section and sections 19, 20 and 21 and 27 to 40,

21-36 inclusive, of this act become effective upon passage and approval.

21-37 2. Section 7 of this act becomes effective upon passage and approval

21-38 for the purpose of appointing members to the council to establish academic

21-39 standards for public schools and on July 1, 1999, for all other purposes.

21-40 3. Sections 1 to 6, inclusive, 8 to 18, inclusive, and 22 to 26, inclusive,

21-41 of this act become effective on July 1, 1999.