Senate Bill No. 70–Committee on Finance

(On Behalf of Legislative Committee on Education)

February 1, 1999

____________

Referred to Committee on Finance

 

SUMMARY—Revises provisions governing program of accountability for public schools.

(BDR 34-248)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Contains Appropriation not

included in Executive Budget.

~

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 public schools; revising the provisions governing the program of accountability for public schools; making an appropriation to the department of education for remedial programs for certain 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. Chapter 385 of NRS is hereby amended by adding thereto

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

1-3 Sec. 2. 1. The department shall not designate a public school

1-4 pursuant to NRS 385.363 if:

1-5 (a) The number of pupils who took the examinations administered

1-6 pursuant to NRS 389.015 is less than 90 percent of the pupils who were

1-7 required to take the examinations and were not exempt pursuant to the

1-8 regulations of the department; and

1-9 (b) At least 60 percent of the pupils enrolled in that school who took

1-10 the examinations administered pursuant to NRS 389.015 received an

1-11 average score on those examinations that is at least equal to the 26th percentile of the national 1-12 reference group of pupils to which the

1-13 examinations were compared.

2-1 2. If the department does not designate a public school pursuant to

2-2 NRS 385.363, the board of trustees of the school district in which the

2-3 school is located shall:

2-4 (a) Prepare a written statement explaining why the number of pupils

2-5 who took the examinations administered pursuant to NRS 389.015 is less

2-6 than 90 percent of the pupils who were required to take the

examinations;

2-7 (b) Prepare a written plan to increase the number of pupils who take

the examinations administered pursuant to NRS 389.015; and

2-8 (c) On or before May 1 of the year in which the school receives notice

2-9 pursuant to NRS 385.369 that a designation will not be made for the

school, submit the written statement and plan to the:

2-10 (1) Governor;

(2) Department;

2-11 (3) Committee; and

2-12 (4) Bureau.

Sec. 3. 1. If the department does not designate a school pursuant

2-13 to NRS 385.363 and, in the immediately succeeding school year, at least

90 percent of the pupils enrolled in the school who are required to take

2-14 the examinations administered pursuant to NRS 389.015 do not take the

2-15 examinations, the department shall designate the school as

demonstrating need for improvement and the provisions of NRS 385.373

2-16 apply.

2. If the department designates a school as demonstrating need for

2-17 improvement pursuant to subsection 1:

2-18 (a) The school shall, in the immediately succeeding school semester,

administer examinations to the pupils in the school who are enrolled in a

2-19 grade that is required to take the examinations pursuant to NRS 389.015.

The examinations must be the same examinations that are administered

2-20 to a national reference group of pupils in the same grade. The school

2-21 shall pay for all costs related to the administration of examinations

pursuant to this paragraph.

2-22 (b) The department shall monitor at the school the administration of

the examinations that are required pursuant to NRS 389.015 until the

2-23 school receives a designation as demonstrating exemplary achievement,

2-24 high achievement or adequate achievement pursuant to NRS 385.365.

3. A school that is designated as demonstrating need for

2-25 improvement pursuant to subsection 1 is not eligible to receive money for

remedial programs made available by legislative appropriation for the

2-26 purposes of NRS 385.389.

2-27 4. If the department designates a school as demonstrating need for improvement pursuant to subsection 1 for two or more consecutive years,

2-28 the provisions of NRS 385.375 and 385.378 apply.

2-29 Sec. 4. NRS 385.3455 is hereby amended to read as follows:

2-30 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and

sections 2 and 3 of this act, unless the context otherwise requires, the

2-31 words and terms defined in NRS 385.346 and 385.3465 have the meanings

ascribed to them in those sections.

2-32 Sec. 5. NRS 385.347 is hereby amended to read as follows:

2-33 385.347 1. The board of trustees of each school district in this state,

in cooperation with associations recognized by the state board as

2-34 representing licensed personnel in education in the district, shall adopt a

program providing for the accountability of the school district to the

2-35 residents of the district and to the state board for the quality of the schools

2-36 and the educational achievement of the pupils in the district, including,

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

2-37 2. The board of trustees of each school district shall, on or before

March 31 of each year, report to the residents of the district concerning:

2-38 (a) The educational goals and objectives of the school district.

2-39 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the

district and the district as a whole, including, without limitation, each

2-40 charter school in the district.

Unless otherwise directed by the department, the board of trustees of the

2-41 district shall base its report on the results of the examinations administered

2-42 pursuant to NRS 389.015 and shall compare the results of those

examinations for the current school year with those of previous school

2-43 years. The report must include, for each school in the district, including,

without limitation, each charter school in the district, and each grade in

2-44 which the examinations were administered:

2-45 (1) The number of pupils who took the examinations;

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

2-46 administering or a pupil was exempt from taking an examination; and

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

2-47 were administered, including an explanation of any difference in the

2-48 number of pupils who took the examinations and the number of pupils [in

attendance in that period.] who are enrolled in the school.

2-49 In addition, the board shall also report the results of other examinations of

pupil achievement administered to pupils in the school district in grades

2-50 other than 4, 8, 10 and 11. The results of these examinations for the current

2-51 school year must be compared with those of previous school years.

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

2-52 for each elementary school in the district and the district as a whole,

including, without limitation, each charter school in the district, the average class size for each required 2-53 course of study for each secondary school in the

2-54 district and the district as a whole, including, without limitation, each

2-55 charter school in the district, and other data concerning licensed and

unlicensed employees of the school district.

2-56 (d) [A comparison of the types of classes that each teacher has] The

2-57 number of teachers who have been assigned to teach [with the

qualifications and licensure of the teacher,] English, mathematics, science

2-58 or social studies but do not possess a license with an endorsement to

teach in that subject area, for each school in the district and the district as

2-59 a whole, including, without limitation, each charter school in the district.

2-60 (e) The total expenditure per pupil for each school in the district and the

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

2-61 district.

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

2-62 (1) Any special programs for pupils at an individual school; and

2-63 (2) The curriculum used by each charter school in the district.

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

2-64 including, without limitation, the average daily attendance of pupils, for

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

2-65 limitation, each charter school in the district.

2-66 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

inclusive, for each such grade, for each school in the district and for the

2-67 district as a whole.

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

2-68 school in the district and the district as a whole, including, without

2-69 limitation, each charter school in the district.

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

2-70 including, without limitation, each charter school in the district, to increase:

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

2-71 (2) The participation of parents in the educational process and

2-72 activities relating to the school district and each school, including, without

limitation, the existence of parent organizations and school advisory

2-73 committees.

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

2-74 in the district, including, without limitation, each charter school in the

2-75 district.

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

2-76 beverages or controlled substances for each school in the district, including,

without limitation, each charter school in the district.

2-77 (m) Records of the suspension and expulsion of pupils required or

2-78 authorized pursuant to NRS 392.466 and 392.467.

(n) The number of pupils who are deemed habitual disciplinary

2-79 problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school

2-80 in the district.

(o) The number of pupils in each grade who are retained in the same

3-1 grade pursuant to NRS 392.125, for each school in the district and the

district as a whole, including, without limitation, each charter school in

3-2 the district.

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

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

3-4 district.

[(o)] (q) Each source of funding for the school district.

3-5 [(p)] (r) For each high school in the district, including, without

3-6 limitation, each charter school in the district, the percentage of pupils who

graduated from that high school or charter school in the immediately

3-7 preceding year and enrolled in remedial courses in reading, writing or

mathematics at a university or community college within the University and

3-8 Community College System of Nevada.

3-9 [(q)] (s) The technological facilities and equipment available at each

school, including, without limitation, each charter school, and the district’s

3-10 plan to incorporate educational technology at each school.

[(r)] (t) Such other information as is directed by the superintendent of

3-11 public instruction.

3-12 3. The superintendent of public instruction shall:

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

3-13 provide the forms to the respective school districts.

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

3-14 districts to ensure that the reports provide comparable information with

3-15 respect to each school in each district and among the districts.

(c) Consult with a representative of the:

3-16 (1) Nevada State Education Association;

(2) Nevada Association of School Boards;

3-17 (3) Nevada Association of School Administrators;

3-18 (4) Nevada Parent Teachers Association;

(5) Budget division of the department of administration; and

3-19 (6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations

3-20 submitted by the representatives with respect to the program.

3-21 4. The superintendent of public instruction may consult with

representatives of parent groups other than the Nevada Parent Teachers

3-22 Association concerning the program and consider any advice or

recommendations submitted by the representatives with respect to the

3-23 program.

3-24 5. On or before April 15 of each year, the board of trustees of each

school district shall submit to the advisory board to review school attendance created in the county 3-25 pursuant to NRS 392.126 the information

required in paragraph (g) of subsection 2.

4-1 Sec. 6. NRS 385.351 is hereby amended to read as follows:

385.351 1. On or before April 15 of each year, the board of trustees

4-2 of each school district shall submit the report required pursuant to

subsection 2 of NRS 385.347 to the:

4-3 (a) Governor;

4-4 (b) State board;

(c) Department;

4-5 (d) Committee; and

(e) Bureau.

4-6 2. On or before April 15 of each year, the board of trustees of each

4-7 school district shall submit the information prepared by the board of

trustees pursuant to paragraph [(q)] (s) of subsection 2 of NRS 385.347 to

4-8 the commission on educational technology created pursuant to NRS

388.790.

4-9 3. On or before June 15 of each year, the board of trustees of each

4-10 school district shall:

(a) Prepare:

4-11 (1) A separate written report summarizing the effectiveness of the

district’s program of accountability during the school year. The report must

4-12 include:

4-13 (I) A review and analysis of the data upon which the report

required pursuant to subsection 2 of NRS 385.347 is based; [and]

4-14 (II) The identification of any problems or factors at individual

schools that are revealed by the review and analysis [.] ;

4-15 (III) A summary of the efforts that the school district has made

4-16 or intends to make in response to the deficiencies or recommendations

identified in the report submitted to the district pursuant to paragraph (b)

4-17 of subsection 1 of NRS 385.359; and

(IV) A description of the progress that the school district has

4-18 achieved, if any, as a result of the recommendations submitted pursuant

4-19 to paragraph (b) of subsection 1 of NRS 385.359 in preceding years.

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

4-20 enrolled in schools within the district, including, but not limited to, a

description of the efforts the district has made to correct any deficiencies

4-21 identified in the written report required pursuant to subparagraph (1). The

4-22 written procedure must describe sources of data that will be used by the

board of trustees to evaluate the effectiveness of the written procedure.

4-23 (b) Submit copies of the written report and written procedure required

pursuant to paragraph (a) to the:

4-24 (1) Governor;

4-25 (2) State board;

(3) Department;

4-26 (4) Committee; and

4-27 (5) Bureau.

4-28 4. The department shall maintain a record of the information that it

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

4-29 as will allow the department to create for each school a yearly profile of

information.

4-30 5. The board of trustees of each school district shall ensure that a copy

4-31 of the written report and written procedure required pursuant to paragraph

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

4-32 adopted pursuant to NRS 354.598.

Sec. 7. NRS 385.356 is hereby amended to read as follows:

4-33 385.356 The department shall maintain a record of the:

4-34 1. Information that it receives from each school district pursuant to

NRS 385.351; and

4-35 2. Designation made for each school pursuant to NRS 385.363 [,] and

section 3 of this act,

4-36 in such a manner as will allow the department to evaluate the progress of

4-37 each school in improving the achievement of pupils who are enrolled in the

school on the examinations required pursuant to NRS 389.015, improving

4-38 the attendance of pupils who are enrolled in the school [and] , improving

the attendance of teachers who provide instruction at the school [.] and

4-39 increasing the number of pupils who take the examinations required

4-40 pursuant to NRS 389.015.

Sec. 8. NRS 385.359 is hereby amended to read as follows:

4-41 385.359 1. The bureau shall contract with a person or entity to:

(a) Review and analyze the information submitted to the bureau

4-42 pursuant to NRS 385.351 in accordance with standards prescribed by the

4-43 committee pursuant to subsection 2 of NRS 218.5354;

(b) [Consult] Submit a written report to and consult with each school

4-44 district regarding any methods by which the district may improve the

accuracy of the report required pursuant to subsection 2 of NRS 385.347

4-45 and the written report and written procedure required pursuant to NRS

4-46 385.351, and the purposes for which the reports and written procedure are

used; and

4-47 (c) Submit written reports and any recommendations to the committee

and the bureau concerning:

4-48 (1) The effectiveness of the provisions of NRS 385.3455 to 385.391,

4-49 inclusive, and sections 2 and 3 of this act, in improving the accountability

of the schools of this state;

4-50 (2) The status of each school that is designated as demonstrating

[inadequate achievement] need for improvement pursuant to NRS 385.367

4-51 [;] and section 3 of this act; and

4-52 (3) Any other matter related to the accountability of the public

schools of this state, as deemed necessary by the bureau.

2. The consultant with whom the bureau contracts to perform the duties

5-1 required pursuant to subsection 1:

5-2 (a) Must possess the experience and knowledge necessary to perform

those duties, as determined by the committee; and

5-3 (b) Shall complete those duties within 6 months after the bureau

provides to the consultant the report required pursuant to subsection 2 of

5-4 NRS 385.347 and the written report and written procedure required

5-5 pursuant to NRS 385.351.

Sec. 9. NRS 385.363 is hereby amended to read as follows:

5-6 385.363 The department shall, on or before [December 15] April 1 of

each year:

5-7 1. Evaluate the information submitted by each school district pursuant

5-8 to paragraphs (b) [, (g) and (i)] and (g) of subsection 2 of NRS 385.347;

and

5-9 2. [Based] Except as otherwise provided in section 2 of this act, based

upon its evaluation and in accordance with the criteria set forth in NRS

5-10 385.365 and 385.367, designate each public school within each school

5-11 district as:

(a) Demonstrating exemplary achievement;

5-12 (b) Demonstrating high achievement;

[(b)] (c) Demonstrating adequate achievement; or

5-13 [(c) Demonstrating inadequate achievement.]

5-14 (d) Demonstrating need for improvement.

Sec. 10. NRS 385.365 is hereby amended to read as follows:

5-15 385.365 1. The department shall designate a public school as

demonstrating [high] exemplary achievement if:

5-16 (a) The number of pupils who took the examinations administered

5-17 pursuant to NRS 389.015 is at least equal to 95 percent of the pupils who

were required to take the examinations and were not exempt pursuant to the

5-18 regulations of the department;

(b) At least 50 percent of the pupils enrolled in that school who took the

5-19 examinations administered pursuant to NRS 389.015 received an average

5-20 score on those examinations that is at least equal to the [75th] 76th

percentile of the national reference group of pupils to which the

5-21 examinations were compared; and

(c) The average daily attendance of pupils who are enrolled in the

5-22 school [and the teachers who provide instruction at the school is more than]

5-23 is at least 95 percent.

2. The department shall designate a public school as demonstrating

5-24 high achievement if:

(a) The number of pupils who took the examinations administered

5-25 pursuant to NRS 389.015 is at least equal to 93 percent of the pupils who

were required to take the examinations and were not exempt pursuant to

6-1 the regulations of the department;

(b) At least 40 percent of the pupils enrolled in that school who took

6-2 the examinations administered pursuant to NRS 389.015 received an

6-3 average score on those examinations that is at least equal to the 76th

percentile of the national reference group of pupils to which the

6-4 examinations were compared; and

(c) The average daily attendance of pupils who are enrolled in the

6-5 school is at least 93 percent.

6-6 3. The department shall designate a public school as demonstrating

adequate achievement if:

6-7 (a) The number of pupils who took the examinations administered

pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who

6-8 were required to take the examinations and were not exempt pursuant to the

6-9 regulations of the department;

(b) At least 60 percent of the pupils enrolled in that school who took the

6-10 examinations administered pursuant to NRS 389.015 received an average

score on those examinations that is at least equal to the 26th percentile of

6-11 the national reference group of pupils to which the examinations were

6-12 compared; and

(c) The average daily attendance of pupils who are enrolled in the

6-13 school [and the teachers who provide instruction at the school is more than]

is at least 90 percent.

6-14 Sec. 11. NRS 385.367 is hereby amended to read as follows:

6-15 385.367 The department shall designate a public school as

demonstrating [inadequate achievement] need for improvement if:

6-16 1. Less than 60 percent of the pupils enrolled in that school who took

the examinations administered pursuant to NRS 389.015 received an

6-17 average score on those examinations that is at least equal to the 26th

6-18 percentile of the national reference group of pupils to which the

examinations were compared; or

6-19 2. The average daily attendance of pupils who are enrolled in the

school [and the teachers who provide instruction at the school] is less than

6-20 90 percent for 3 or more consecutive years based upon the yearly profile of

6-21 information for the school maintained by the department pursuant to

subsection 4 of NRS 385.351.

6-22 Sec. 12. NRS 385.369 is hereby amended to read as follows:

385.369 1. As soon as practicable after the department makes a

6-23 designation pursuant to NRS 385.363 [,] or section 3 of this act, the

6-24 department shall provide written notice of the designation to the principal

of the particular school. [In addition,] If the department does not designate a public school for the 6-25 reasons set forth in section 2 of this act, the

department shall provide written notice [of each such designation] as soon

7-1 as practicable to the principal of the particular school that a designation

will not be made for the school.

7-2 2. For each public school that is designated pursuant to NRS

385.363 or section 3 of this act, the department shall provide written

7-3 notice of each such designation as follows:

7-4 [1.] (a) Designations for all of the schools of this state to the:

[(a) Governor;

7-5 (b) Committee;

(c) Bureau; and

7-6 (d) State board.

7-7 2.]

(1) Governor;

7-8 (2) Committee;

(3) Bureau; and

7-9 (4) State board.

7-10 (b) Designations for all of the schools within a school district to the:

[(a)] (1) Superintendent of schools of the school district; and

7-11 [(b)] (2) Board of trustees of the school district.

Each notice that the department provides pursuant to this [section]

7-12 subsection must include, for each school that the department designates as

7-13 demonstrating [inadequate achievement,] need for improvement, the

number of consecutive years, if any, in which the school has received that

7-14 designation.

3. If the department does not designate a public school for the

7-15 reasons set forth in section 2 of this act, the department shall provide

7-16 written notice of:

(a) The schools of this state that did not receive a designation and the

7-17 reasons therefor to the:

(1) Governor;

7-18 (2) Committee;

7-19 (3) Bureau; and

(4) State board.

7-20 (b) The schools within a school district that did not receive a

designation and the reasons therefor to the:

7-21 (1) Superintendent of schools of the school district; and

7-22 (2) Board of trustees of the school district.

Sec. 13. NRS 385.371 is hereby amended to read as follows:

7-23 385.371 If the department designates a school as demonstrating

[inadequate achievement] need for improvement pursuant to NRS 385.367 and the provisions of NRS 7-24 385.373 and 385.375 do not apply, the board of

7-25 trustees of the school district in which the school is located shall:

7-26 1. Prepare for that school a plan to improve the achievement of the

school’s pupils as measured by the examinations required pursuant to NRS

7-27 389.015.

7-28 2. On or before [February 15] May 1 of the year [immediately

succeeding the year] in which the designation was made, submit the plan to

7-29 the:

(a) Governor;

7-30 (b) Department;

7-31 (c) Committee; and

(d) Bureau.

7-32 Sec. 14. NRS 385.373 is hereby amended to read as follows:

385.373 If the department designates a school as demonstrating

7-33 [inadequate achievement] need for improvement pursuant to NRS 385.367

7-34 for 2 consecutive years [,] or pursuant to section 3 of this act for 1 year,

the department shall:

7-35 1. Place the school on academic probation.

2. Prepare for that school a plan to [improve] :

7-36 (a) Improve the achievement of the pupils who are enrolled in the

7-37 school as measured by the examinations required pursuant to NRS 389.015.

(b) If the school received a designation pursuant to section 3 of this

7-38 act, increase the number of pupils who take the examinations required

pursuant to NRS 389.015.

7-39 3. On or before [February 15] May 1 of the year [immediately

7-40 succeeding the year] in which the second designation was made [,]

pursuant to NRS 385.367 or the first designation was made pursuant to

7-41 section 3 of this act, submit the plan to the:

(a) Board of trustees of the school district in which the school is located;

7-42 (b) Governor;

7-43 (c) State board;

(d) Committee; and

7-44 (e) Bureau.

Sec. 15. NRS 385.375 is hereby amended to read as follows:

7-45 385.375 If the department designates a school as demonstrating

7-46 [inadequate achievement] need for improvement pursuant to NRS 385.367

for 3 or more consecutive years [:] or pursuant to section 3 of this act for

7-47 2 or more consecutive years:

1. The department shall:

7-48 (a) Continue the academic probation of the school;

7-49 (b) Prepare for that school a plan to [improve] :

(1) Improve the achievement of the school’s pupils as measured by

7-50 the examinations required pursuant to NRS 389.015; [and]

7-51 (2) If the school received a designation pursuant to section 3 of this

7-52 act, increase the number of pupils who take the examinations required

pursuant to NRS 389.015; and

7-53 (c) Submit the plan to the:

(1) Board of trustees of the school district in which the school is

7-54 located;

7-55 (2) Governor;

(3) State board;

7-56 (4) Committee; and

(5) Bureau.

7-57 A plan prepared and submitted by the department pursuant to this

7-58 subsection must contain specific information about the school, including,

but not limited to, information concerning the administrative operation of

7-59 the school, the curriculum of the school and the financial and other

resources of the school.

7-60 2. The board of trustees of the school district in which the school is

7-61 located shall, until such time as the school is designated as demonstrating

exemplary achievement, high achievement or adequate achievement

7-62 pursuant to NRS 385.365, make at least four reports per year to the

department, the committee and the governor concerning the progress of the

7-63 school in carrying out the plan prepared pursuant to subsection 1.

7-64 Sec. 16. NRS 385.378 is hereby amended to read as follows:

385.378 1. Except as otherwise provided in [subsection 3,]

7-65 subsections 3 and 4, in addition to the requirements set forth in NRS

385.373 and 385.375, if a school receives two or more consecutive

7-66 designations as demonstrating [inadequate achievement,] need for

7-67 improvement pursuant to NRS 385.367 or section 3 of this act, the

department shall, on or before [January 15,] April 10, establish a panel to

7-68 supervise the academic probation of the school. A panel established

pursuant to this section consists of nine members appointed by the

7-69 superintendent of public instruction as follows:

7-70 (a) Two instructors or professors who provide instruction within the

University and Community College System of Nevada;

7-71 (b) Two representatives of the private sector;

(c) Two parents or legal guardians of pupils who are enrolled in the

7-72 school; and

7-73 (d) Three persons who are licensed educational personnel at public

schools within this state. Two of the persons appointed pursuant to this

7-74 paragraph must be classroom teachers who provide instruction at schools

that are not located within the same school district as the school which is

7-75 the subject of the evaluation.

7-76 2. For each day or portion of a day during which a member of the panel

attends a meeting of the panel or is otherwise engaged in the work of the

panel, he is entitled to receive the per diem allowance and travel expenses

8-1 provided for state officers and employees generally. The school district in

8-2 which the school on academic probation is located shall pay the allowances

and expenses authorized pursuant to this subsection.

8-3 3. If a school receives two or more consecutive designations as

demonstrating [inadequate achievement,] need for improvement pursuant

8-4 to NRS 385.367, the school may submit to the department a request for a

8-5 waiver of the requirement for the establishment of a panel to supervise the

academic probation of the school. The department may grant such a waiver

8-6 if the yearly profile of information for the school maintained by the

department pursuant to subsection 4 of NRS 385.351 demonstrates to the

8-7 satisfaction of the department that the school has significantly improved in

8-8 each of the immediately preceding 3 years covered by the profile.

4. If a school receives two or more consecutive designations as

8-9 demonstrating need for improvement pursuant to section 3 of this act, the

school may submit to the department a request for a waiver of the

8-10 requirement for the establishment of a panel to supervise the academic

8-11 probation of the school. The department may grant such a waiver if the

yearly profile of information for the school maintained by the department

8-12 pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction

of the department that the number of pupils enrolled in the school who

8-13 take the examinations required pursuant to NRS 389.015 has

8-14 significantly increased in each of the immediately preceding 2 years

covered by the profile.

8-15 5. If the department grants a waiver pursuant to subsection 3 [,] or 4, it

shall, on or before [February 15] May 1 of each year, prepare a list that

8-16 contains the name of each school for which the department has granted a

8-17 waiver and the justification of the department for granting the waiver. The

department shall submit the list to the:

8-18 (a) Governor;

(b) State board;

8-19 (c) Committee; and

8-20 (d) Bureau.

Sec. 17. NRS 385.381 is hereby amended to read as follows:

8-21 385.381 1. A panel established pursuant to NRS 385.378 shall:

(a) Review the most recent plan prepared by the department for the

8-22 school pursuant to NRS 385.373 or 385.375 or the plan prepared by the

8-23 board of trustees of the school district pursuant to NRS 385.371 [;] or

section 2 of this act;

8-24 (b) Identify and investigate the problems and factors at the school that contributed to the designation of the school as demonstrating [inadequate

8-25 achievement;] need for improvement;

(c) Hold a public meeting to discuss the actions that the school will need

9-1 to take to warrant receiving a designation of demonstrating exemplary

achievement, high achievement or adequate achievement;

9-2 (d) On or before [April 1,] November 1, prepare a written report that

9-3 includes an analysis of the problems and factors at the school which

contributed to the designation of the school as demonstrating [inadequate

9-4 achievement, including, but not limited to,] need for improvement,

including, without limitation, issues relating to:

9-5 (1) The financial resources of the school;

9-6 (2) The administrative and educational personnel of the school;

(3) The curriculum of the school;

9-7 (4) The facilities available at the school, including the availability and

accessibility of educational technology; and

9-8 (5) Any other factors that the panel believes contributed to the

9-9 designation of the school as demonstrating [inadequate achievement;] need

for improvement;

9-10 (e) Submit a copy of the written report to the:

(1) Principal of the school;

9-11 (2) Board of trustees of the school district in which the school is

9-12 located;

(3) Superintendent of schools of the school district in which the

9-13 school is located;

(4) Superintendent of public instruction;

9-14 (5) Governor;

9-15 (6) State board;

(7) Department;

9-16 (8) Committee; and

(9) Bureau;

9-17 (f) Make the written report available, upon request, to each parent or

9-18 legal guardian of a pupil who is enrolled in the school; and

(g) In accordance with its findings pursuant to this subsection, adopt

9-19 revisions to the most recent plan prepared by the department for the school

pursuant to NRS 385.373 or 385.375.

9-20 2. The department shall, not more than 1 month after receiving the

9-21 written report submitted by the panel:

(a) Amend the most recent plan prepared by the department for the

9-22 school pursuant to NRS 385.373 or 385.375. In amending the plan, the

department shall incorporate the revisions adopted by the panel pursuant to

9-23 paragraph (g) of subsection 1.

9-24 (b) Submit to the panel a copy of an amended plan for the school which

demonstrates to the satisfaction of the panel that the department incorporated the revisions adopted by 9-25 the panel pursuant to paragraph (g)

of subsection 1.

10-1 3. The department shall submit to the panel a copy of the designation

that it gives to the school pursuant to NRS 385.363 or section 3 of this act

10-2 for the school year immediately succeeding the establishment of the panel.

If the school does not earn a designation as demonstrating exemplary

10-3 achievement, high achievement or adequate achievement for the school

10-4 year immediately succeeding the establishment of the panel, the panel shall

take such action pursuant to subsection 1 and NRS 385.383 as it deems

10-5 necessary to ensure that the school takes action to improve its designation.

Sec. 18. NRS 385.383 is hereby amended to read as follows:

10-6 385.383 If a panel established pursuant to NRS 385.378 determines

10-7 that a school has not earned a designation as demonstrating exemplary

achievement, high achievement or adequate achievement for the school

10-8 year immediately succeeding the establishment of the panel, the panel shall:

1. Hold an additional public meeting to discuss the actions which must

10-9 be taken to improve the achievement of pupils at the school.

10-10 2. On or before [April 1,] November 1, determine whether the

superintendent of public instruction shall appoint an administrator to

10-11 oversee the operation of the school pursuant to NRS 385.386.

Sec. 19. NRS 385.386 is hereby amended to read as follows:

10-12 385.386 1. If a panel established pursuant to NRS 385.378

10-13 determines that an administrator must be appointed to oversee the operation

of a school, the superintendent of public instruction shall, on or before

10-14 [May 1,] December 1, appoint a licensed administrator to do so. The

administrator must:

10-15 (a) Possess knowledge and experience concerning the administration of

10-16 public schools.

(b) Be appointed from a list of three qualified persons submitted to the

10-17 superintendent of public instruction by the panel.

2. An administrator appointed pursuant to this section:

10-18 (a) Shall:

10-19 (1) Establish and carry out a policy for the management of the school

to ensure that the plan prepared by the department pursuant to NRS

10-20 385.375 and revised by the panel pursuant to NRS 385.381 is followed.

This subparagraph does not prohibit the administrator from recommending

10-21 changes to the plan.

10-22 (2) On a quarterly basis, make reports to the department, the governor

and the committee regarding the progress of the school toward earning a

10-23 designation of demonstrating exemplary achievement, high achievement or

adequate achievement pursuant to NRS 385.365.

10-24 (b) May take any action not prohibited by law to ensure that [the] :

10-25 (1) The performance of the pupils of the school on the examinations

administered pursuant to NRS 389.015; and

(2) If the school received two or more consecutive designations

11-1 pursuant to section 3 of this act, the number of pupils who take the

11-2 examinations administered pursuant to NRS 389.015,

improves to such a level that the school is designated as demonstrating

11-3 exemplary achievement, high achievement or adequate achievement

pursuant to NRS 385.365.

11-4 (c) Serves at the pleasure of the superintendent of public instruction and

11-5 is entitled to receive such compensation as may be set by the

superintendent.

11-6 3. A school district that contains a school for which an administrator is

appointed pursuant to this section shall reimburse the department for any

11-7 expenses incurred by the department pursuant to subsection 2.

11-8 4. If a school for which an administrator is appointed pursuant to this

section receives a designation of demonstrating exemplary achievement,

11-9 high achievement or adequate achievement pursuant to NRS 385.365, the

superintendent of public instruction shall terminate the oversight of the

11-10 school by the administrator. After the superintendent terminates the

11-11 oversight of the school, the board of trustees of the school district in which

the school is located shall, on a quarterly basis and until such time as the

11-12 school receives two consecutive designations of demonstrating exemplary

achievement, high achievement or adequate achievement pursuant to NRS

11-13 385.365, make reports to the department, the committee and the governor

11-14 regarding actions taken at the school to maintain that designation.

Sec. 20. NRS 385.389 is hereby amended to read as follows:

11-15 385.389 1. The department shall adopt programs of remedial study

for each subject tested on the examinations administered pursuant to NRS

11-16 389.015. In adopting these programs of remedial study, the department

11-17 shall consider the recommendations submitted by the committee pursuant to

NRS 218.5354 and programs of remedial study that have proven to be

11-18 successful in improving the academic achievement of pupils.

2. A school that receives a designation as demonstrating [inadequate

11-19 achievement] need for improvement pursuant to NRS 385.367 shall adopt

11-20 a program of remedial study that has been adopted by the department

pursuant to subsection 1.

11-21 3. A school district that includes a school which receives a

designation of demonstrating need for improvement pursuant to NRS

11-22 385.367 shall ensure that each of [its] the pupils enrolled in the school

11-23 who [fails] failed to demonstrate at least adequate achievement on the

examinations administered pursuant to NRS 389.015 completes, in

11-24 accordance with the requirements set forth in subsection 5 of NRS 389.015,

[a program of] remedial study [adopted by the department.] that is

11-25 determined to be appropriate for the pupil.

Sec. 21. NRS 385.391 is hereby amended to read as follows:

12-1 385.391 The department shall adopt:

1. Regulations to provide for the recognition of schools that receive a

12-2 designation as demonstrating exemplary achievement or high achievement

12-3 pursuant to [subsection 1 of] NRS 385.365;

2. Regulations which prescribe the factors that the department will

12-4 consider in determining whether to grant a waiver from the establishment of

a panel to supervise the academic probation of a school pursuant to NRS

12-5 385.378, including, without limitation, criteria for determining whether [a]

12-6 :

(a) A school has significantly improved [;] for the purpose of

12-7 subsection 3 of NRS 385.378; and

(b) The number of pupils enrolled in a school who take the

12-8 examinations required pursuant to NRS 389.015 has significantly

12-9 increased for the purpose of subsection 4 of NRS 385.378; and

3. Such regulations as it deems necessary to carry out the provisions of

12-10 this section and NRS 385.3455 to 385.386, inclusive, and sections 2 and 3

of this act, including, without limitation, uniform standards for the type and

12-11 format of data that must be submitted by the school districts and the time by

12-12 which such data must be submitted.

Sec. 22. NRS 386.605 is hereby amended to read as follows:

12-13 386.605 1. On or before April 15 of each year, the governing body of

each charter school shall submit the report required pursuant to subsection

12-14 2 of NRS 385.347 to the:

12-15 (a) Governor;

(b) State board;

12-16 (c) Department;

(d) Legislative committee on education created pursuant to NRS

12-17 218.5352; and

12-18 (e) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356.

12-19 2. On or before April 15 of each year, the governing body of each

charter school shall submit the information prepared by the governing body

12-20 pursuant to paragraph [(q)] (s) of subsection 2 of NRS 385.347 to the

12-21 commission on educational technology created pursuant to NRS 388.790.

3. On or before June 15 of each year, the governing body of each

12-22 charter school shall:

(a) Prepare:

12-23 (1) A separate written report summarizing the effectiveness of the

12-24 charter school’s program of accountability during the school year. The

report must include:

12-25 (I) A review and analysis of the data upon which the report

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

13-1 (II) The identification of any problems or factors at the charter

school that are revealed by the review and analysis.

13-2 (2) A written procedure to improve the achievement of pupils who are

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

13-3 the efforts the governing body has made to correct any deficiencies

13-4 identified in the written report required pursuant to subparagraph (1). The

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

13-5 governing body to evaluate the effectiveness of the written procedure.

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

13-6 pursuant to paragraph (a) to the:

13-7 (1) Governor;

(2) State board;

13-8 (3) Department;

(4) Legislative committee on education created pursuant to NRS

13-9 218.5352; and

13-10 (5) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356.

13-11 4. The department shall maintain a record of the information that it

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

13-12 as will allow the department to create for each charter school a yearly

13-13 profile of information.

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

13-14 of the written report and written procedure required pursuant to paragraph

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

13-15 adopted pursuant to NRS 354.598.

13-16 6. The legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356 may authorize a person or

13-17 entity with whom it contracts pursuant to NRS 385.359 to review and

analyze information submitted by charter schools pursuant to this section,

13-18 consult with the governing bodies of charter schools and submit written

13-19 reports concerning charter schools pursuant to NRS 385.359.

Sec. 23. NRS 389.015 is hereby amended to read as follows:

13-20 389.015 1. The board of trustees of each school district shall

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

13-21 governing body of a charter school shall administer the same examinations

13-22 in the charter school. The examinations administered by the board of

trustees and governing body must determine the achievement and

13-23 proficiency of pupils in:

(a) Reading;

13-24 (b) Writing;

13-25 (c) Mathematics; and

(d) Science.

13-26 2. The examinations required by subsection 1 must be:

13-27 (a) Administered before the completion of grades 4, 8, 10 and 11.

13-28 (b) Administered in each school district and each charter school at the

same time. The time for the administration of the examinations must be

13-29 prescribed by the state board.

(c) Administered in each school in accordance with uniform procedures

13-30 adopted by the state board. The department shall monitor the compliance of

13-31 school districts and individual schools with the uniform procedures.

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

13-32 contracted with the state board to score the examinations. If a private entity

scores the examinations, it shall report the results of the examinations in the

13-33 form and by the date required by the department.

13-34 3. Not more than 14 working days after the results of the examinations

are reported to the department by a private entity that scored the

13-35 examinations or the department completes the scoring of the examinations,

the superintendent of public instruction shall certify that the results of the

13-36 examinations have been transmitted to each school district and each charter

13-37 school. Not more than 10 working days after a school district receives the

results of the examinations, the superintendent of public instruction shall

13-38 certify that the results of the examinations have been transmitted to each

school within the school district. Not more than 10 working days after each

13-39 school receives the results of the examinations, the principal of each school

13-40 and the governing body of each charter school shall certify that the results

for each pupil have been provided to the parent or legal guardian of the

13-41 pupil:

(a) During a conference between the teacher of the pupil or

13-42 administrator of the school and the parent or legal guardian of the pupil; or

13-43 (b) By mailing the results of the examinations to the last known address

of the parent or legal guardian of the pupil.

13-44 4. Different standards of proficiency may be adopted for pupils with

diagnosed learning disabilities. If different standards of proficiency are

13-45 adopted or other modifications or accommodations are made in the

13-46 administration of the examinations for a pupil who is enrolled in a program

of special education pursuant to NRS 388.440 to 388.520, inclusive, other

13-47 than a gifted and talented pupil, the different standards adopted or other

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

13-48 of special education developed in accordance with the Individuals with

13-49 Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards

prescribed by the state board.

13-50 5. If a pupil fails to demonstrate at least adequate achievement on the

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

13-51 may be promoted to the next higher grade, but the results of his examination must be evaluated to 13-52 determine what remedial study is

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

as demonstrating [inadequate achievement] need for improvement pursuant

14-1 to NRS 385.367 the pupil must, in accordance with the requirements set

14-2 forth in this subsection, complete [a program of] remedial study [pursuant

to NRS 385.389.] that is determined to be appropriate for the pupil.

14-3 6. If a pupil fails to pass the proficiency examination administered

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

14-4 able, through remedial study, to pass the proficiency examination, but he

14-5 may be given a certificate of attendance, in place of a diploma, if he has

reached the age of 17 years.

14-6 7. The state board shall prescribe standard examinations of

achievement and proficiency to be administered pursuant to subsection 1.

14-7 The examinations on reading, mathematics and science prescribed for

14-8 grades 4, 8 and 10 must be selected from examinations created by private

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

14-9 a comparison of the achievement and proficiency of pupils in grades 4, 8

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

14-10 4, 8 and 10. The questions contained in the examinations and the approved

14-11 answers used for grading them are confidential, and disclosure is unlawful

except:

14-12 (a) To the extent necessary for administering and evaluating the

examinations.

14-13 (b) That a disclosure may be made to a state officer who is a member of

14-14 the executive or legislative branch to the extent that it is related to the

performance of that officer’s duties.

14-15 (c) That specific questions and answers may be disclosed if the

superintendent of public instruction determines that the content of the

14-16 questions and answers is not being used in a current examination and

14-17 making the content available to the public poses no threat to the security of

the current examination process.

14-18 Sec. 24. NRS 392.128 is hereby amended to read as follows:

392.128 1. Each advisory board to review school attendance created

14-19 pursuant to NRS 392.126 shall:

14-20 (a) Review the records of the rate of attendance and truancy of pupils

submitted to the advisory board to review school attendance by the board

14-21 of trustees of the school district pursuant to subsection [4] 5 of NRS

385.347;

14-22 (b) Identify factors that contribute to the rate of truancy of pupils in the

14-23 school district;

(c) Establish programs to reduce the rate of truancy of pupils in the

14-24 school district;

(d) At least annually, evaluate the effectiveness of those programs;

15-1 (e) Establish a procedure for schools and school districts for the

reporting of the status of pupils as habitual truants and the issuance of

15-2 citations pursuant to NRS 392.142; and

(f) Inform the parents and legal guardians of the pupils who are enrolled

15-3 in the schools within the district of the policies and procedures adopted

15-4 pursuant to the provisions of this section.

2. An advisory board to review school attendance created in a county

15-5 pursuant to NRS 392.126 may use money appropriated by the legislature

and any other money made available to the advisory board for the use of

15-6 programs to reduce the truancy of pupils in the school district. The advisory

15-7 board to review school attendance shall, on a quarterly basis, provide to the

board of trustees of the school district an accounting of the money used by

15-8 the advisory board to review school attendance to reduce the rate of truancy

of pupils in the school district.

15-9 Sec. 25. 1. There is hereby appropriated from the state general fund

15-10 to the department of education the sum of $4,000,000 to be distributed

among certain schools that have been designated as demonstrating need for

15-11 improvement and certain schools that have been designated as

demonstrating adequate achievement.

15-12 2. A school that receives a designation as demonstrating need for

15-13 improvement pursuant to NRS 385.367 may submit to the department of

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

15-14 for an allocation from the appropriation. A school that receives a

designation as demonstrating adequate achievement may submit to the

15-15 department of education, for transmission to the state board of examiners,

15-16 an application for an allocation from the appropriation if at least 40 percent

of the pupils enrolled in the school received an average score at or below

15-17 the 25th percentile on three of the four subjects tested pursuant to NRS

389.015. The department of education shall, in consultation with the budget

15-18 division of the department of administration and the fiscal analysis division

15-19 of the legislative counsel bureau, develop a form for such applications.

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

15-20 shall review the application. The department of education shall transmit the

application to the state board of examiners with the recommendation of the

15-21 department concerning the allocation of money based upon each

15-22 application so received. The state board of examiners shall consider each

such application and, if it finds that an allocation should be made,

15-23 recommend the amount of the allocation to the interim finance committee.

The interim finance committee shall consider each such recommendation

15-24 but is not bound to follow the recommendation of the state board of examiners. In determining the 15-25 amount of the allocation, the state board of

examiners and the interim finance committee shall consider:

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

16-1 to demonstrate at least adequate achievement on the examinations

16-2 administered pursuant to NRS 389.015; and

(b) The need of the particular school.

16-3 4. A school that receives money pursuant to subsection 3 shall use the

money to:

16-4 (a) Pay the costs incurred by the school in providing the program of

16-5 remedial study required by NRS 385.389. The money must first be applied

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

16-6 poses the highest risk of failure.

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

16-7 other educational personnel to provide the program of remedial study,

16-8 instructional materials required for the remedial study, equipment necessary

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

16-9 costs attributable to the program of remedial study.

(c) Supplement and not replace the money the school would otherwise

16-10 expend for programs of remedial study.

16-11 5. A school that receives money pursuant to subsection 3 shall not use

the money to:

16-12 (a) Settle or arbitrate disputes or negotiate settlements between an

organization that represents licensed employees of the school district and

16-13 the school district.

16-14 (b) Adjust the schedules of salaries and benefits of the employees of the

school district.

16-15 6. Any remaining balance of the appropriation made by subsection 1

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

16-16 the state general fund as soon as all payments of money committed have

16-17 been made.

Sec. 26. 1. This section and section 25 of this act become effective

16-18 upon passage and approval.

2. Sections 1 to 24, inclusive, of this act become effective on July 1,

16-19 1999.

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