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
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: 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 as1-4
representing licensed personnel in education in the district, shall adopt a1-5
program providing for the accountability of the school district to the1-6
residents of the district and to the state board for the quality of the schools1-7
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 before1-10
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 the1-14
district and the district as a whole, including, without limitation, each1-15
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 the2-2
examinations administered pursuant to NRS 389.015 and shall compare the2-3
results of those examinations for the2-4
school year with those of previous school years. The report must include,2-5
for each school in the district, including, without limitation, each charter2-6
school in the district, and each grade in which the examinations were2-7
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 from2-10
administering or a pupil was exempt from taking an examination; and2-11
(3) A record of attendance for the period in which the examinations2-12
were administered, including an explanation of any difference in the2-13
number of pupils who took the examinations and the number of pupils in2-14
attendance in that period.2-15
In addition, the board shall also report the results of other examinations of2-16
pupil achievement administered to pupils in the school district in grades2-17
other than 4, 8, 10 and 11. The results of these examinations for the2-18
2-19
of previous school years.2-20
(c) The ratio of pupils to teachers in kindergarten and at each grade level2-21
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 average2-23
class size for each required course of study for each secondary school in the2-24
district and the district as a whole, including, without limitation, each2-25
charter school in the district, and other data concerning licensed and2-26
unlicensed employees of the school district.2-27
(d) A comparison of the types of classes that each teacher has been2-28
assigned to teach with the qualifications and licensure of the teacher, for2-29
each school in the district and the district as a whole, including, without2-30
limitation, each charter school in the district.2-31
(e) The total expenditure per pupil for each school in the district and the2-32
district as a whole, including, without limitation, each charter school in the2-33
district.2-34
(f) The curriculum used by the school district, including:2-35
(1) Any special programs for pupils at an individual school; and2-36
(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, for2-39
each school in the district and the district as a whole, including, without2-40
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 the2-43
district as a whole.3-1
(i) Records of attendance of teachers who provide instruction, for each3-2
school in the district and the district as a whole, including, without3-3
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; and3-7
(2) The participation of parents in the educational process and3-8
activities relating to the school district and each school, including, without3-9
limitation, the existence of parent organizations and school advisory3-10
committees.3-11
(k) Records of incidents involving weapons or violence for each school3-12
in the district, including, without limitation, each charter school in the3-13
district.3-14
(l) Records of incidents involving the use or possession of alcoholic3-15
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 or3-18
authorized pursuant to NRS 392.466 and 392.467.3-19
(n) The transiency rate of pupils for each school in the district and the3-20
district as a whole, including, without limitation, each charter school in the3-21
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 graduated3-25
from that high school or charter school in the immediately preceding year3-26
and enrolled in remedial courses in reading, writing or mathematics at a3-27
university or community college within the University and Community3-28
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 to3-31
incorporate educational technology at each school.3-32
(r) Such other information as is directed by the superintendent of public3-33
instruction.3-34
3. The superintendent of public instruction shall:3-35
(a) Prescribe forms for the reports required pursuant to subsection 2 and3-36
provide the forms to the respective school districts.3-37
(b) Provide statistical information and technical assistance to the school3-38
districts to ensure that the reports provide comparable information with3-39
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; and4-3
(6) Legislative counsel bureau,4-4
concerning the program and consider any advice or recommendations4-5
submitted by the representatives with respect to the program.4-6
4. On or before4-7
trustees of each school district shall submit to the advisory board to review4-8
school attendance created in the county pursuant to NRS 392.126 the4-9
information required in paragraph (g) of subsection 2.4-10
Sec. 2. NRS 385.351 is hereby amended to read as follows: 385.351 1. On or before4-12
board of trustees of each school district shall submit the report required4-13
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; and4-18
(e) Bureau.4-19
2. On or before4-20
trustees of each school district shall submit the information prepared by the4-21
board of trustees pursuant to paragraph (q) of subsection 2 of NRS 385.3474-22
to the commission on educational technology created pursuant to NRS4-23
388.790.4-24
3. On or before4-25
trustees of each school district shall:4-26
(a) Prepare:4-27
(1) A separate written report summarizing the effectiveness of the4-28
district’s program of accountability during the immediately preceding4-29
school year. The report must include:4-30
(I) A review and analysis of the data upon which the report4-31
required pursuant to subsection 2 of NRS 385.347 is based; and4-32
(II) The identification of any problems or factors at individual4-33
schools that are revealed by the review and analysis.4-34
(2) A written procedure to improve the achievement of pupils who are4-35
enrolled in schools within the district, including, but not limited to, a4-36
description of the efforts the district has made to correct any deficiencies4-37
identified in the written report required pursuant to subparagraph (1). The4-38
written procedure must describe sources of data that will be used by the4-39
board of trustees to evaluate the effectiveness of the written procedure.4-40
(b) Submit copies of the written report and written procedure required4-41
pursuant to paragraph (a) to the:4-42
(1) Governor;4-43
(2) State board;5-1
(3) Department;5-2
(4) Committee; and5-3
(5) Bureau.5-4
4. The department shall maintain a record of the information that it5-5
receives from each school district pursuant to this section in such a manner5-6
as will allow the department to create for each school a yearly profile of5-7
information.5-8
5. The board of trustees of each school district shall ensure that a copy5-9
of the written report and written procedure required pursuant to paragraph5-10
(a) of subsection 3 is included with the final budget of the school district5-11
adopted pursuant to NRS 354.598.5-12
Sec. 3. NRS 385.363 is hereby amended to read as follows: 385.363 The department shall, on or before December5-14
year:5-15
1. Evaluate the information submitted by each school district pursuant5-16
to paragraphs (b), (g) and (i) of subsection 2 of NRS 385.347; and5-17
2. Based upon its evaluation and in accordance with the criteria set5-18
forth in NRS 385.365 and 385.367, designate each public school within5-19
each school district as:5-20
(a) Demonstrating high achievement;5-21
(b) Demonstrating adequate achievement; or5-22
(c) Demonstrating inadequate achievement.5-23
Sec. 4. NRS 386.605 is hereby amended to read as follows: 386.605 1. On or before5-25
governing body of each charter school shall submit the report required5-26
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 NRS5-31
218.5352; and5-32
(e) Legislative bureau of educational accountability and program5-33
evaluation created pursuant to NRS 218.5356.5-34
2. On or before5-35
of each charter school shall submit the information prepared by the5-36
governing body pursuant to paragraph (q) of subsection 2 of NRS 385.3475-37
to the commission on educational technology created pursuant to NRS5-38
388.790.5-39
3. On or before5-40
body of each charter school shall:5-41
(a) Prepare:6-1
(1) A separate written report summarizing the effectiveness of the6-2
charter school’s program of accountability during the immediately6-3
preceding school year. The report must include:6-4
(I) A review and analysis of the data upon which the report6-5
required pursuant to subsection 2 of NRS 385.347 is based; and6-6
(II) The identification of any problems or factors at the charter6-7
school that are revealed by the review and analysis.6-8
(2) A written procedure to improve the achievement of pupils who are6-9
enrolled in the charter school, including, but not limited to, a description of6-10
the efforts the governing body has made to correct any deficiencies6-11
identified in the written report required pursuant to subparagraph (1). The6-12
written procedure must describe sources of data that will be used by the6-13
governing body to evaluate the effectiveness of the written procedure.6-14
(b) Submit copies of the written report and written procedure required6-15
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 NRS6-20
218.5352; and6-21
(5) Legislative bureau of educational accountability and program6-22
evaluation created pursuant to NRS 218.5356.6-23
4. The department shall maintain a record of the information that it6-24
receives from each charter school pursuant to this section in such a manner6-25
as will allow the department to create for each charter school a yearly6-26
profile of information.6-27
5. The governing body of each charter school shall ensure that a copy6-28
of the written report and written procedure required pursuant to paragraph6-29
(a) of subsection 3 is included with the final budget of the charter school6-30
adopted pursuant to NRS 354.598.6-31
6. The legislative bureau of educational accountability and program6-32
evaluation created pursuant to NRS 218.5356 may authorize a person or6-33
entity with whom it contracts pursuant to NRS 385.359 to review and6-34
analyze information submitted by charter schools pursuant to this section,6-35
consult with the governing bodies of charter schools and submit written6-36
reports concerning charter schools pursuant to NRS 385.359.6-37
Sec. 5. NRS 389.015 is hereby amended to read as follows: 389.015 1. The board of trustees of each school district shall6-39
administer examinations in all public schools of the school district. The6-40
governing body of a charter school shall administer the same examinations6-41
in the charter school. The examinations administered by the board of6-42
trustees and governing body must determine the achievement and6-43
proficiency of pupils in:7-1
(a) Reading;7-2
(b) Writing;7-3
(c) Mathematics; and7-4
(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 the7-8
same time7-9
of the examinations must be prescribed by the state board.7-10
(c) Administered in each school in accordance with uniform procedures7-11
adopted by the state board. The department shall monitor the compliance of7-12
school districts and individual schools with the uniform procedures.7-13
(d) Scored by the department or a single private entity that has7-14
contracted with the state board to score the examinations. If a private entity7-15
scores the examinations, it shall report the results of the examinations in the7-16
form and by the date required by the department.7-17
3. Not more than 14 working days after the results of the examinations7-18
are reported to the department by a private entity that scored the7-19
examinations or the department completes the scoring of the examinations,7-20
the superintendent of public instruction shall certify that the results of the7-21
examinations have been transmitted to each school district and each charter7-22
school. Not more than 10 working days after a school district receives the7-23
results of the examinations, the superintendent of7-24
schools of the school district shall certify that the results of the7-25
examinations have been transmitted to each school within the school7-26
district. Not more than 10 working days after each school receives the7-27
results of the examinations, the principal of each school and the governing7-28
body of each charter school shall certify that the results for each pupil have7-29
been provided to the parent or legal guardian of the pupil:7-30
(a) During a conference between the teacher of the pupil or7-31
administrator of the school and the parent or legal guardian of the pupil; or7-32
(b) By mailing the results of the examinations to the last known address7-33
of the parent or legal guardian of the pupil.7-34
4. Different standards of proficiency may be adopted for pupils with7-35
diagnosed learning disabilities. If different standards of proficiency are7-36
adopted or other modifications or accommodations are made in the7-37
administration of the examinations for a pupil who is enrolled in a program7-38
of special education pursuant to NRS 388.440 to 388.520, inclusive, other7-39
than a gifted and talented pupil, the different standards adopted or other7-40
modifications or accommodations must be set forth in the pupil’s program7-41
of special education developed in accordance with the Individuals with7-42
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards7-43
prescribed by the state board.8-1
5. If a pupil fails to demonstrate at least adequate achievement on the8-2
examination administered before the completion of grade 4, 8 or 10, he8-3
may be promoted to the next higher grade, but the results of his8-4
examination must be evaluated to determine what remedial study is8-5
appropriate. If such a pupil is enrolled at a school that has been designated8-6
as demonstrating inadequate achievement pursuant to NRS 385.367 the8-7
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 administered8-10
before the completion of grade 11, he must not be graduated until he is8-11
able, through remedial study, to pass the proficiency examination, but he8-12
may be given a certificate of attendance, in place of a diploma, if he has8-13
reached the age of 17 years.8-14
7. The state board shall prescribe standard examinations of8-15
achievement and proficiency to be administered pursuant to subsection 1.8-16
The examinations on reading, mathematics and science prescribed for8-17
grades 4, 8 and 10 must be selected from examinations created by private8-18
entities and administered to a national reference group, and must allow for8-19
a comparison of the achievement and proficiency of pupils in grades 4, 88-20
and 10 in this state to that of a national reference group of pupils in grades8-21
4, 8 and 10. The questions contained in the examinations and the approved8-22
answers used for grading them are confidential, and disclosure is unlawful8-23
except:8-24
(a) To the extent necessary for administering and evaluating the8-25
examinations.8-26
(b) That a disclosure may be made to a state officer who is a member of8-27
the executive or legislative branch to the extent that it is related to the8-28
performance of that officer’s duties.8-29
(c) That specific questions and answers may be disclosed if the8-30
superintendent of public instruction determines that the content of the8-31
questions and answers is not being used in a current examination and8-32
making the content available to the public poses no threat to the security of8-33
the current examination process.8-34
Sec. 6. This act becomes effective on July 1, 1999.~