Senate Bill No. 58–Committee on Human Resources and Facilities

Prefiled January 29, 1999

(On Behalf of Legislative Committee on Education)

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Requires achievement and proficiency examinations to be administered in public schools during spring semester. (BDR 34-973)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to education; requiring certain achievement and proficiency examinations to be administered in public schools during the spring semester; making related changes to the dates for submission of reports required for the program of accountability for public schools; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 385.347 is hereby amended to read as follows:

1-2 385.347 1. The board of trustees of each school district in this state,

1-3 in cooperation with associations recognized by the state board as

1-4 representing licensed personnel in education in the district, shall adopt a

1-5 program providing for the accountability of the school district to the

1-6 residents of the district and to the state board for the quality of the schools

1-7 and the educational achievement of the pupils in the district, including,

1-8 without limitation, pupils enrolled in charter schools in the school district.

1-9 2. The board of trustees of each school district shall, on or before

1-10 [March] October 31 of each year, report to the residents of the district

1-11 concerning:

1-12 (a) The educational goals and objectives of the school district.

1-13 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

1-14 district and the district as a whole, including, without limitation, each

1-15 charter school in the district. Unless otherwise directed by the department,

2-1 the board of trustees of the district shall base its report on the results of the

2-2 examinations administered pursuant to NRS 389.015 and shall compare the

2-3 results of those examinations for the [current] immediately preceding

2-4 school year with those of previous school years. The report must include,

2-5 for each school in the district, including, without limitation, each charter

2-6 school in the district, and each grade in which the examinations were

2-7 administered:

2-8 (1) The number of pupils who took the examinations;

2-9 (2) An explanation of instances in which a school was exempt from

2-10 administering or a pupil was exempt from taking an examination; and

2-11 (3) A record of attendance for the period in which the examinations

2-12 were administered, including an explanation of any difference in the

2-13 number of pupils who took the examinations and the number of pupils in

2-14 attendance in that period.

2-15 In addition, the board shall also report the results of other examinations of

2-16 pupil achievement administered to pupils in the school district in grades

2-17 other than 4, 8, 10 and 11. The results of these examinations for the

2-18 [current] immediately preceding school year must be compared with those

2-19 of previous school years.

2-20 (c) The ratio of pupils to teachers in kindergarten and at each grade level

2-21 for each elementary school in the district and the district as a whole,

2-22 including, without limitation, each charter school in the district, the average

2-23 class size for each required course of study for each secondary school in the

2-24 district and the district as a whole, including, without limitation, each

2-25 charter school in the district, and other data concerning licensed and

2-26 unlicensed employees of the school district.

2-27 (d) A comparison of the types of classes that each teacher has been

2-28 assigned to teach with the qualifications and licensure of the teacher, for

2-29 each school in the district and the district as a whole, including, without

2-30 limitation, each charter school in the district.

2-31 (e) The total expenditure per pupil for each school in the district and the

2-32 district as a whole, including, without limitation, each charter school in the

2-33 district.

2-34 (f) The curriculum used by the school district, including:

2-35 (1) Any special programs for pupils at an individual school; and

2-36 (2) The curriculum used by each charter school in the district.

2-37 (g) The annual rate of the attendance and truancy of pupils in all grades,

2-38 including, without limitation, the average daily attendance of pupils, for

2-39 each school in the district and the district as a whole, including, without

2-40 limitation, each charter school in the district.

2-41 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

2-42 inclusive, for each such grade, for each school in the district and for the

2-43 district as a whole.

3-1 (i) Records of attendance of teachers who provide instruction, for each

3-2 school in the district and the district as a whole, including, without

3-3 limitation, each charter school in the district.

3-4 (j) Efforts made by the school district and by each school in the district,

3-5 including, without limitation, each charter school in the district, to increase:

3-6 (1) Communication with the parents of pupils in the district; and

3-7 (2) The participation of parents in the educational process and

3-8 activities relating to the school district and each school, including, without

3-9 limitation, the existence of parent organizations and school advisory

3-10 committees.

3-11 (k) Records of incidents involving weapons or violence for each school

3-12 in the district, including, without limitation, each charter school in the

3-13 district.

3-14 (l) Records of incidents involving the use or possession of alcoholic

3-15 beverages or controlled substances for each school in the district, including,

3-16 without limitation, each charter school in the district.

3-17 (m) Records of the suspension and expulsion of pupils required or

3-18 authorized pursuant to NRS 392.466 and 392.467.

3-19 (n) The transiency rate of pupils for each school in the district and the

3-20 district as a whole, including, without limitation, each charter school in the

3-21 district.

3-22 (o) Each source of funding for the school district.

3-23 (p) For each high school in the district, including, without limitation,

3-24 each charter school in the district, the percentage of pupils who graduated

3-25 from that high school or charter school in the immediately preceding year

3-26 and enrolled in remedial courses in reading, writing or mathematics at a

3-27 university or community college within the University and Community

3-28 College System of Nevada.

3-29 (q) The technological facilities and equipment available at each school,

3-30 including, without limitation, each charter school, and the district’s plan to

3-31 incorporate educational technology at each school.

3-32 (r) Such other information as is directed by the superintendent of public

3-33 instruction.

3-34 3. The superintendent of public instruction shall:

3-35 (a) Prescribe forms for the reports required pursuant to subsection 2 and

3-36 provide the forms to the respective school districts.

3-37 (b) Provide statistical information and technical assistance to the school

3-38 districts to ensure that the reports provide comparable information with

3-39 respect to each school in each district and among the districts.

3-40 (c) Consult with a representative of the:

3-41 (1) Nevada State Education Association;

3-42 (2) Nevada Association of School Boards;

3-43 (3) Nevada Association of School Administrators;

4-1 (4) Nevada Parent Teachers Association;

4-2 (5) Budget division of the department of administration; and

4-3 (6) Legislative counsel bureau,

4-4 concerning the program and consider any advice or recommendations

4-5 submitted by the representatives with respect to the program.

4-6 4. On or before [April] November 15 of each year, the board of

4-7 trustees of each school district shall submit to the advisory board to review

4-8 school attendance created in the county pursuant to NRS 392.126 the

4-9 information required in paragraph (g) of subsection 2.

4-10 Sec. 2. NRS 385.351 is hereby amended to read as follows:

4-11 385.351 1. On or before [April] November 15 of each year, the

4-12 board of trustees of each school district shall submit the report required

4-13 pursuant to subsection 2 of NRS 385.347 to the:

4-14 (a) Governor;

4-15 (b) State board;

4-16 (c) Department;

4-17 (d) Committee; and

4-18 (e) Bureau.

4-19 2. On or before [April] November 15 of each year, the board of

4-20 trustees of each school district shall submit the information prepared by the

4-21 board of trustees pursuant to paragraph (q) of subsection 2 of NRS 385.347

4-22 to the commission on educational technology created pursuant to NRS

4-23 388.790.

4-24 3. On or before [June 15] December 31 of each year, the board of

4-25 trustees of each school district shall:

4-26 (a) Prepare:

4-27 (1) A separate written report summarizing the effectiveness of the

4-28 district’s program of accountability during the immediately preceding

4-29 school year. The report must include:

4-30 (I) A review and analysis of the data upon which the report

4-31 required pursuant to subsection 2 of NRS 385.347 is based; and

4-32 (II) The identification of any problems or factors at individual

4-33 schools that are revealed by the review and analysis.

4-34 (2) A written procedure to improve the achievement of pupils who are

4-35 enrolled in schools within the district, including, but not limited to, a

4-36 description of the efforts the district has made to correct any deficiencies

4-37 identified in the written report required pursuant to subparagraph (1). The

4-38 written procedure must describe sources of data that will be used by the

4-39 board of trustees to evaluate the effectiveness of the written procedure.

4-40 (b) Submit copies of the written report and written procedure required

4-41 pursuant to paragraph (a) to the:

4-42 (1) Governor;

4-43 (2) State board;

5-1 (3) Department;

5-2 (4) Committee; and

5-3 (5) Bureau.

5-4 4. The department shall maintain a record of the information that it

5-5 receives from each school district pursuant to this section in such a manner

5-6 as will allow the department to create for each school a yearly profile of

5-7 information.

5-8 5. The board of trustees of each school district shall ensure that a copy

5-9 of the written report and written procedure required pursuant to paragraph

5-10 (a) of subsection 3 is included with the final budget of the school district

5-11 adopted pursuant to NRS 354.598.

5-12 Sec. 3. NRS 385.363 is hereby amended to read as follows:

5-13 385.363 The department shall, on or before December [15] 1 of each

5-14 year:

5-15 1. Evaluate the information submitted by each school district pursuant

5-16 to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and

5-17 2. Based upon its evaluation and in accordance with the criteria set

5-18 forth in NRS 385.365 and 385.367, designate each public school within

5-19 each school district as:

5-20 (a) Demonstrating high achievement;

5-21 (b) Demonstrating adequate achievement; or

5-22 (c) Demonstrating inadequate achievement.

5-23 Sec. 4. NRS 386.605 is hereby amended to read as follows:

5-24 386.605 1. On or before [April] November 15 of each year, the

5-25 governing body of each charter school shall submit the report required

5-26 pursuant to subsection 2 of NRS 385.347 to the:

5-27 (a) Governor;

5-28 (b) State board;

5-29 (c) Department;

5-30 (d) Legislative committee on education created pursuant to NRS

5-31 218.5352; and

5-32 (e) Legislative bureau of educational accountability and program

5-33 evaluation created pursuant to NRS 218.5356.

5-34 2. On or before [April] November 15 of each year, the governing body

5-35 of each charter school shall submit the information prepared by the

5-36 governing body pursuant to paragraph (q) of subsection 2 of NRS 385.347

5-37 to the commission on educational technology created pursuant to NRS

5-38 388.790.

5-39 3. On or before [June 15] December 31 of each year, the governing

5-40 body of each charter school shall:

5-41 (a) Prepare:

6-1 (1) A separate written report summarizing the effectiveness of the

6-2 charter school’s program of accountability during the immediately

6-3 preceding school year. The report must include:

6-4 (I) A review and analysis of the data upon which the report

6-5 required pursuant to subsection 2 of NRS 385.347 is based; and

6-6 (II) The identification of any problems or factors at the charter

6-7 school that are revealed by the review and analysis.

6-8 (2) A written procedure to improve the achievement of pupils who are

6-9 enrolled in the charter school, including, but not limited to, a description of

6-10 the efforts the governing body has made to correct any deficiencies

6-11 identified in the written report required pursuant to subparagraph (1). The

6-12 written procedure must describe sources of data that will be used by the

6-13 governing body to evaluate the effectiveness of the written procedure.

6-14 (b) Submit copies of the written report and written procedure required

6-15 pursuant to paragraph (a) to the:

6-16 (1) Governor;

6-17 (2) State board;

6-18 (3) Department;

6-19 (4) Legislative committee on education created pursuant to NRS

6-20 218.5352; and

6-21 (5) Legislative bureau of educational accountability and program

6-22 evaluation created pursuant to NRS 218.5356.

6-23 4. The department shall maintain a record of the information that it

6-24 receives from each charter school pursuant to this section in such a manner

6-25 as will allow the department to create for each charter school a yearly

6-26 profile of information.

6-27 5. The governing body of each charter school shall ensure that a copy

6-28 of the written report and written procedure required pursuant to paragraph

6-29 (a) of subsection 3 is included with the final budget of the charter school

6-30 adopted pursuant to NRS 354.598.

6-31 6. The legislative bureau of educational accountability and program

6-32 evaluation created pursuant to NRS 218.5356 may authorize a person or

6-33 entity with whom it contracts pursuant to NRS 385.359 to review and

6-34 analyze information submitted by charter schools pursuant to this section,

6-35 consult with the governing bodies of charter schools and submit written

6-36 reports concerning charter schools pursuant to NRS 385.359.

6-37 Sec. 5. NRS 389.015 is hereby amended to read as follows:

6-38 389.015 1. The board of trustees of each school district shall

6-39 administer examinations in all public schools of the school district. The

6-40 governing body of a charter school shall administer the same examinations

6-41 in the charter school. The examinations administered by the board of

6-42 trustees and governing body must determine the achievement and

6-43 proficiency of pupils in:

7-1 (a) Reading;

7-2 (b) Writing;

7-3 (c) Mathematics; and

7-4 (d) Science.

7-5 2. The examinations required by subsection 1 must be:

7-6 (a) Administered before the completion of grades 4, 8, 10 and 11.

7-7 (b) Administered in each school district and each charter school at the

7-8 same time [.] during the spring semester. The time for the administration

7-9 of the examinations must be prescribed by the state board.

7-10 (c) Administered in each school in accordance with uniform procedures

7-11 adopted by the state board. The department shall monitor the compliance of

7-12 school districts and individual schools with the uniform procedures.

7-13 (d) Scored by the department or a single private entity that has

7-14 contracted with the state board to score the examinations. If a private entity

7-15 scores the examinations, it shall report the results of the examinations in the

7-16 form and by the date required by the department.

7-17 3. Not more than 14 working days after the results of the examinations

7-18 are reported to the department by a private entity that scored the

7-19 examinations or the department completes the scoring of the examinations,

7-20 the superintendent of public instruction shall certify that the results of the

7-21 examinations have been transmitted to each school district and each charter

7-22 school. Not more than 10 working days after a school district receives the

7-23 results of the examinations, the superintendent of [public instruction]

7-24 schools of the school district shall certify that the results of the

7-25 examinations have been transmitted to each school within the school

7-26 district. Not more than 10 working days after each school receives the

7-27 results of the examinations, the principal of each school and the governing

7-28 body of each charter school shall certify that the results for each pupil have

7-29 been provided to the parent or legal guardian of the pupil:

7-30 (a) During a conference between the teacher of the pupil or

7-31 administrator of the school and the parent or legal guardian of the pupil; or

7-32 (b) By mailing the results of the examinations to the last known address

7-33 of the parent or legal guardian of the pupil.

7-34 4. Different standards of proficiency may be adopted for pupils with

7-35 diagnosed learning disabilities. If different standards of proficiency are

7-36 adopted or other modifications or accommodations are made in the

7-37 administration of the examinations for a pupil who is enrolled in a program

7-38 of special education pursuant to NRS 388.440 to 388.520, inclusive, other

7-39 than a gifted and talented pupil, the different standards adopted or other

7-40 modifications or accommodations must be set forth in the pupil’s program

7-41 of special education developed in accordance with the Individuals with

7-42 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

7-43 prescribed by the state board.

8-1 5. If a pupil fails to demonstrate at least adequate achievement on the

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

8-3 may be promoted to the next higher grade, but the results of his

8-4 examination must be evaluated to determine what remedial study is

8-5 appropriate. If such a pupil is enrolled at a school that has been designated

8-6 as demonstrating inadequate achievement pursuant to NRS 385.367 the

8-7 pupil must, in accordance with the requirements set forth in this subsection,

8-8 complete a program of remedial study pursuant to NRS 385.389.

8-9 6. If a pupil fails to pass the proficiency examination administered

8-10 before the completion of grade 11, he must not be graduated until he is

8-11 able, through remedial study, to pass the proficiency examination, but he

8-12 may be given a certificate of attendance, in place of a diploma, if he has

8-13 reached the age of 17 years.

8-14 7. The state board shall prescribe standard examinations of

8-15 achievement and proficiency to be administered pursuant to subsection 1.

8-16 The examinations on reading, mathematics and science prescribed for

8-17 grades 4, 8 and 10 must be selected from examinations created by private

8-18 entities and administered to a national reference group, and must allow for

8-19 a comparison of the achievement and proficiency of pupils in grades 4, 8

8-20 and 10 in this state to that of a national reference group of pupils in grades

8-21 4, 8 and 10. The questions contained in the examinations and the approved

8-22 answers used for grading them are confidential, and disclosure is unlawful

8-23 except:

8-24 (a) To the extent necessary for administering and evaluating the

8-25 examinations.

8-26 (b) That a disclosure may be made to a state officer who is a member of

8-27 the executive or legislative branch to the extent that it is related to the

8-28 performance of that officer’s duties.

8-29 (c) That specific questions and answers may be disclosed if the

8-30 superintendent of public instruction determines that the content of the

8-31 questions and answers is not being used in a current examination and

8-32 making the content available to the public poses no threat to the security of

8-33 the current examination process.

8-34 Sec. 6. This act becomes effective on July 1, 1999.

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