Senate Bill No. 70–Committee on Finance

CHAPTER........

AN ACT relating to public schools; revising the provisions governing the program of

accountability for public schools; requiring a charter school to adopt a final budget

in accordance with the regulations of the department of education; revising

provisions governing the administration and reporting of the achievement and

proficiency examinations; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 385 of NRS is hereby amended by adding thereto

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

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

pursuant to NRS 385.363 if:

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

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

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

regulations of the department; and

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

the examinations administered pursuant to NRS 389.015 received an

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

percentile of the national reference group of pupils to which the

examinations were compared.

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

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

school is located shall:

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

who took the examinations administered pursuant to NRS 389.015 is less

than 90 percent of the pupils who were required to take the

examinations;

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

the examinations administered pursuant to NRS 389.015; and

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

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

school, submit the written statement and plan to the:

(1) Governor;

(2) Department;

(3) Committee; and

(4) Bureau.

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

to NRS 385.363 and, in the immediately succeeding school year, less

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

take the examinations administered pursuant to NRS 389.015 take the

examinations, the department shall designate the school asdemonstrating need for improvement and the provisions of NRS 385.373

apply.

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

improvement pursuant to subsection 1:

(a) The school shall, within the same school year, administer

examinations to the pupils in the school who are enrolled in a grade that

is required to take the examinations pursuant to NRS 389.015. The

examinations must be the same examinations that are administered to a

national reference group of pupils in the same grade. The school district

shall pay for all costs related to the administration of examinations

pursuant to this paragraph.

(b) The department or its designee shall monitor at the school the

administration of the examinations that are required pursuant to NRS

389.015 and ensure that all eligible pupils who are in attendance on the

day of the administration of the examinations are given an opportunity to

take the examinations until the school receives a designation as

demonstrating exemplary achievement, high achievement or adequate

achievement pursuant to NRS 385.365.

3. A school that is designated as demonstrating need for

improvement pursuant to subsection 1 is not eligible to receive money for

remedial programs made available by legislative appropriation for the

purposes of NRS 385.389.

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

improvement pursuant to subsection 1 for two or more consecutive years,

the provisions of NRS 385.375 and 385.378 apply.

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

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

words and terms defined in NRS 385.346 and 385.3465 have the meanings

ascribed to them in those sections.

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

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

in cooperation with associations recognized by the state board as

representing licensed personnel in education in the district, shall adopt a

program providing for the accountability of the school district to the

residents of the district and to the state board for the quality of the schools

and the educational achievement of the pupils in the district, including,

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

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:

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

(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

charter school in the district.

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

district shall base its report on the results of the examinations administeredpursuant to NRS 389.015 and shall compare the results of those

examinations for the current school year with those of previous school

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

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

which the examinations were administered:

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

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

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

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

were administered, including an explanation of any difference in the

number of pupils who took the examinations and the number of pupils [in

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

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

pupil achievement administered to pupils in the school district in grades

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

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

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 course of study for each secondary school in the

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

charter school in the district, and other data concerning licensed and

unlicensed employees of the school district.

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

percentage of classes taught by teachers who have been assigned to teach

[with the qualifications and licensure of the teacher,] English,

mathematics, science 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 a whole, including, without limitation, each

charter school in the district.

(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

district.

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

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

(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,

including, without limitation, the average daily attendance of pupils, for

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

limitation, each charter school in the district.

(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

district as a whole.

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

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

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

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

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

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

activities relating to the school district and each school, including, without

limitation, the existence of parent organizations and school advisory

committees.

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

in the district, including, without limitation, each charter school in the

district.

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

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

without limitation, each charter school in the district.

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

authorized pursuant to NRS 392.466 and 392.467.

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

problems pursuant to NRS 392.4655, for each school in the district and

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

in the district.

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

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

the district.

(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

district. For the purposes of this paragraph, a pupil is not transient if he

is transferred to a different school within the school district as a result of

a change in the zone of attendance by the board of trustees of the school

district pursuant to NRS 388.040.

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

[(p)] (r) The amount and sources of money received for remedial

education for each school in the district and the district as a whole,

including, without limitation, each charter school in the district.

(s) For each high school in the district, including, without limitation,

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

from that high school or charter school in the immediately preceding year

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

university or community college within the University and Community

College System of Nevada.

[(q)] (t) The technological facilities and equipment available at each

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

plan to incorporate educational technology at each school.

[(r)] (u) For each school in the district and the district as a whole,

including, without limitation, each charter school in the district, the

number and percentage of pupils who graduate with:

(1) A standard high school diploma

. (2) An adjusted diploma.

(3) A certificate of attendance.

(v) For each school in the district and the district as a whole,

including, without limitation, each charter school in the district, the

number and percentage of pupils who did not receive a high school

diploma because the pupils failed to pass the high school proficiency

examination.

(w) Such other information as is directed by the superintendent of public

instruction.

3. The records of attendance maintained by a school for purposes of

paragraph (i) of subsection 2 must include the number of teachers who

are in attendance at school and the number of teachers who are absent

from school. A teacher shall be deemed in attendance if the teacher is

excused from being present in the classroom by the school in which he is

employed for one of the following reasons:

(a) Acquisition of knowledge or skills relating to the professional

development of the teacher; or

(b) Assignment of the teacher to perform duties for cocurricular or

extracurricular activities of pupils.

4. The superintendent of public instruction shall:

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

provide the forms to the respective school districts.

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

districts to ensure that the reports provide comparable information with

respect to each school in each district and among the districts.

(c) Consult with a representative of the:

(1) Nevada State Education Association;

(2) Nevada Association of School Boards;

(3) Nevada Association of School Administrators;

(4) Nevada Parent Teachers Association;

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

(6) Legislative counsel bureau,

concerning the program and consider any advice or recommendations

submitted by the representatives with respect to the program.

[4.] 5. The superintendent of public instruction may consult with

representatives of parent groups other than the Nevada Parent Teachers

Association concerning the program and consider any advice or

recommendations submitted by the representatives with respect to the

program.

6. 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 pursuant to NRS 392.126 the information

required in paragraph (g) of subsection 2.

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

of each school district shall submit the report required pursuant to

subsection 2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(c) Department;

(d) Committee; and

(e) Bureau.

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

school district shall submit the information prepared by the board of

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

the commission on educational technology created pursuant to NRS

388.790.

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

school district shall:

(a) Prepare:

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

district's program of accountability . [during the school year.] The report

must include:

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

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

and analysis of any data that is more recent than the data upon which

the report is based;

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

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

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

or intends to make in response to the deficiencies or in response to the

recommendations identified in the report submitted to the district

pursuant to paragraph (b) of subsection 1 of NRS 385.359; and

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

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

to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and

any other analyses made in preceding years.

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

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

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

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

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

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

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

pursuant to paragraph (a) to the:

(1) Governor;

(2) State board;

(3) Department;

(4) Committee; and

(5) Bureau.

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

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

information.

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

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

adopted pursuant to NRS 354.598.

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

385.356 The department shall maintain a record of the:

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

NRS 385.351; and

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

section 3 of this act,

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

each school in improving the achievement of pupils who are enrolled in the

school on the examinations required pursuant to NRS 389.015, improving

the attendance of pupils who are enrolled in the school and [the attendance

of teachers who provide instruction at the school.] increasing the number

of pupils who take the examinations required pursuant to NRS 389.015.

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

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

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

pursuant to NRS 385.351 in accordance with standards prescribed by the

committee pursuant to subsection 2 of NRS 218.5354;

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

district regarding any methods by which the district may improve the

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

and the written report and written procedure required pursuant to NRS

385.351, and the purposes for which the reports and written procedure are

used; and

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

and the bureau concerning:

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

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

of the schools of this state;

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

[inadequate achievement] need for improvement pursuant to NRS 385.367

[;] and section 3 of this act; and

(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

required pursuant to subsection 1: (a) Must possess the experience and knowledge necessary to perform

those duties, as determined by the committee; and

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

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

NRS 385.347 and the written report and written procedure required

pursuant to NRS 385.351.

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

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

each year:

1. Evaluate the information submitted by each school district pursuant

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

and

2. [Based] Except as otherwise provided in subsection 3 and section 2

of this act, based upon its evaluation and in accordance with the criteria set

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

each school district as:

(a) Demonstrating exemplary achievement;

(b) Demonstrating high achievement;

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

[(c) Demonstrating inadequate achievement.]

(d) Demonstrating need for improvement.

3. The department shall adopt regulations that set forth the

conditions under which the department will not designate a public school

pursuant to this section because the school:

(a) Has too few pupils enrolled in a grade level that is tested pursuant

to NRS 389.015;

(b) Serves only pupils with disabilities;

(c) Operates only as an alternative program for the education of

pupils at risk of dropping out of high school; or

(d) Is operated within a:

(1) Youth training center;

(2) Youth center;

(3) Juvenile forestry camp;

(4) Detention home;

(5) Youth camp;

(6) Juvenile correctional institution; or

(7) Correctional institution.

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

385.365 1. The department shall designate a public school as

demonstrating [high] exemplary achievement if:

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

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

regulations of the department;

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

examinations administered pursuant to NRS 389.015 received an averagescore on those examinations that is at least equal to the [75th] 76th

percentile of the national reference group of pupils to which the

examinations were compared; and

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

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

is at least 95 percent.

2. The department shall designate a public school as demonstrating

high achievement if:

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

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

the regulations of the department;

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

the examinations administered pursuant to NRS 389.015 received an

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

percentile of the national reference group of pupils to which the

examinations were compared; and

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

school is at least 93 percent.

3. The department shall designate a public school as demonstrating

adequate achievement if:

(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

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

regulations of the department;

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

examinations administered pursuant to NRS 389.015 received an average

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

the national reference group of pupils to which the examinations were

compared; and

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

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

is at least 90 percent.

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

385.367 The department shall designate a public school as

demonstrating [inadequate achievement] need for improvement if:

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

the examinations administered pursuant to NRS 389.015 received an

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

percentile of the national reference group of pupils to which the

examinations were compared; or

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

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

information for the school maintained by the department pursuant to

subsection 4 of NRS 385.351.

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

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

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

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 reasons set forth in section 2 of this act, the

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

as practicable to the principal of the particular school that a designation

will not be made for the school.

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

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

notice of each such designation as follows:

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

[(a) Governor;

(b) Committee;

(c) Bureau; and

(d) State board.

2.]

(1) Governor;

(2) Committee;

(3) Bureau; and

(4) State board.

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

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

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

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

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

demonstrating [inadequate achievement,] need for improvement, the

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

designation.

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

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

written notice of:

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

reasons therefor to the:

(1) Governor;

(2) Committee;

(3) Bureau; and

(4) State board.

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

designation and the reasons therefor to the:

(1) Superintendent of schools of the school district; and

(2) Board of trustees of the school district.

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

385.371 If the department designates a school as demonstrating

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

trustees of the school district in which the school is located shall:

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

389.015.

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

the:

(a) Governor;

(b) Department;

(c) Committee; and

(d) Bureau.

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

385.373 If the department designates a school as demonstrating

[inadequate achievement] need for improvement pursuant to NRS 385.367

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

the department shall:

1. Place the school on academic probation.

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

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

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

act, increase the number of pupils who take the examinations required

pursuant to NRS 389.015 and ensure that all eligible pupils who are in

attendance on the day that the examinations are administered are given

an opportunity to take the examinations.

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

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

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

section 3 of this act, submit the plan to the:

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

(b) Governor;

(c) State board;

(d) Committee; and

(e) Bureau.

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

385.375 If the department designates a school as demonstrating

[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

2 or more consecutive years:

1. The department shall:

(a) Continue the academic probation of the school;

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

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

the examinations required pursuant to NRS 389.015; [and] (2) If the school received a designation pursuant to section 3 of this

act, increase the number of pupils who take the examinations required

pursuant to NRS 389.015; and

(c) [Submit] On or before May 1 of the year in which the third or

subsequent designation was made pursuant to NRS 385.367 or the

second or subsequent designation was made pursuant to section 3 of this

act, submit the plan to the:

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

located;

(2) Governor;

(3) State board;

(4) Committee; and

(5) Bureau.

A plan prepared and submitted by the department pursuant to this

subsection must contain specific information about the school, including,

but not limited to, information concerning the administrative operation of

the school, the curriculum of the school and the financial and other

resources of the school.

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

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

exemplary achievement, high achievement or adequate achievement

pursuant to NRS 385.365, make [at least four] two reports per year , one at

the end of each semester, to the department, the committee , the bureau

and the governor concerning the progress of the school in carrying out the

plan prepared pursuant to subsection 1.

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

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

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

designations as demonstrating [inadequate achievement,] need for

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

department shall, on or before [January 15,] August 1, establish a panel to

supervise the academic probation of the school. A panel established

pursuant to this section consists of nine members appointed by the

superintendent of public instruction as follows:

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

University and Community College System of Nevada;

(b) [Two representatives] One representative of the private sector;

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

school; [and]

(d) One person who is a member of the board of trustees of a school

district; and

(e) Three persons who are licensed educational personnel at public

schools within this state. [Two of the persons] One person appointed

pursuant to this paragraph must be a classroom [teachers who provide]

teacher who provides instruction at [schools that are] a school that is notlocated within the same school district as the school which is the subject of

the evaluation. One person appointed pursuant to this paragraph must be

an administrator at a school that is not located within the same school

district as the school which is the subject of the evaluation.

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

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

which the school on academic probation is located shall pay the allowances

and expenses authorized pursuant to this subsection.

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

demonstrating [inadequate achievement,] need for improvement pursuant

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

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

if the yearly profile of information for the school maintained by the

department pursuant to subsection 4 of NRS 385.351 demonstrates to the

satisfaction of the department that the school has significantly improved in

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

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

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

requirement for the establishment of a panel to supervise the academic

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

yearly profile of information for the school maintained by the department

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

take the examinations required pursuant to NRS 389.015 has

significantly increased in each of the immediately preceding 2 years

covered by the profile.

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

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

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

waiver and the justification of the department for granting the waiver. The

department shall submit the list to the:

(a) Governor;

(b) State board;

(c) Committee; and

(d) Bureau.

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

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

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

school pursuant to NRS 385.373 or 385.375 or the plan prepared by the

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

section 2 of this act; (b) Identify and investigate the problems and factors at the school that

contributed to the designation of the school as demonstrating [inadequate

achievement;] need for improvement;

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

to take to warrant receiving a designation of demonstrating exemplary

achievement, high achievement or adequate achievement;

(d) On or before [April 1,] December 1, prepare a written report that

includes an analysis of the problems and factors at the school which

contributed to the designation of the school as demonstrating [inadequate

achievement, including, but not limited to,] need for improvement,

including, without limitation, issues relating to:

(1) The financial resources of the school;

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

(3) The curriculum of the school;

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

accessibility of educational technology; and

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

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

for improvement;

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

(1) Principal of the school;

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

located;

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

school is located;

(4) Superintendent of public instruction;

(5) Governor;

(6) State board;

(7) Department;

(8) Committee; and

(9) Bureau;

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

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

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

revisions to the most recent plan prepared by the department for the school

pursuant to NRS 385.373 or 385.375.

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

written report submitted by the panel:

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

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

paragraph (g) of subsection 1.

(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 the panel pursuant to paragraph (g)

of subsection 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

for the school year immediately succeeding the establishment of the panel.

If the school does not earn a designation as demonstrating exemplary

achievement, high achievement or adequate achievement for the school

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

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

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

385.383 If a panel established pursuant to NRS 385.378 determines

that a school has not earned a designation as demonstrating exemplary

achievement, high achievement or adequate achievement for the school

year immediately succeeding the establishment of the panel, the panel shall:

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

be taken to improve the achievement of pupils at the school.

2. On or before [April 1,] December 1, determine whether the

superintendent of public instruction shall appoint an administrator to

oversee the operation of the school pursuant to NRS 385.386.

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

385.386 1. If a panel established pursuant to NRS 385.378

determines that an administrator must be appointed to oversee the operation

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

[May 1,] January 15, appoint a licensed administrator to do so. The

administrator must:

(a) Possess knowledge and experience concerning the administration of

public schools.

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

superintendent of public instruction by the panel.

2. An administrator appointed pursuant to this section:

(a) Shall:

(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

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

This subparagraph does not prohibit the administrator from recommending

changes to the plan.

(2) [On a quarterly basis, make] Make two reports , one at the end of

each semester, to the department, the governor , the bureau and the

committee regarding the progress of the school toward earning a

designation of demonstrating exemplary achievement, high achievement or

adequate achievement pursuant to NRS 385.365.

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

(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

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

examinations administered pursuant to NRS 389.015,improves to such a level that the school is designated as demonstrating

exemplary achievement, high achievement or adequate achievement

pursuant to NRS 385.365.

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

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

superintendent.

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

appointed pursuant to this section shall reimburse the department for any

expenses incurred by the department pursuant to subsection 2.

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

section receives a designation of demonstrating exemplary achievement,

high achievement or adequate achievement pursuant to NRS 385.365, the

superintendent of public instruction shall terminate the oversight of the

school by the administrator. After the superintendent terminates the

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

school receives two consecutive designations of demonstrating exemplary

achievement, high achievement or adequate achievement pursuant to NRS

385.365, make two reports , one at the end of each semester, to the

department, the committee , the bureau and the governor regarding actions

taken at the school to maintain that designation.

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

385.389 1. The department shall adopt programs of remedial study

for each subject tested on the examinations administered pursuant to NRS

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

shall consider the recommendations submitted by the committee pursuant to

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

successful in improving the academic achievement of pupils.

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

achievement] need for improvement pursuant to NRS 385.367 shall adopt

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

pursuant to subsection 1.

3. A school district that includes a school which receives a

designation of demonstrating need for improvement pursuant to NRS

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

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

examinations administered pursuant to NRS 389.015 completes, in

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

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

determined to be appropriate for the pupil.

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

385.391 The department shall adopt:

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

designation as demonstrating exemplary achievement or high achievement

pursuant to [subsection 1 of] NRS 385.365; 2. Regulations which prescribe the factors that the department will

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

385.378, including, without limitation, criteria for determining whether

[a] :

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

subsection 3 of NRS 385.378; and

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

examinations required pursuant to NRS 389.015 has significantly

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

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

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

which such data must be submitted.

Sec. 21.5. NRS 386.550 is hereby amended to read as follows:

386.550 A charter school shall:

1. Comply with all laws and regulations relating to discrimination and

civil rights.

2. Remain nonsectarian, including, without limitation, in its

educational programs, policies for admission and employment practices.

3. Refrain from charging tuition or fees, levying taxes or issuing bonds.

4. Comply with any plan for desegregation ordered by a court that is in

effect in the school district in which the charter school is located.

5. Comply with the provisions of chapter 241 of NRS.

6. Schedule and provide annually at least as many days of instruction

as are required of other public schools located in the same school district as

the charter school is located.

7. Cooperate with the board of trustees of the school district in the

administration of the achievement and proficiency examinations

administered pursuant to NRS 389.015 to the pupils who are enrolled in the

charter school.

8. Comply with applicable statutes and regulations governing the

achievement and proficiency of pupils in this state.

9. Provide at least the courses of instruction that are required of pupils

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

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

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

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

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

regulation.

10. Provide instruction on acquired immune deficiency syndrome and

the human reproductive system, related to communicable diseases and

sexual responsibility in accordance with NRS 389.065.

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

school district in which the charter school is located. 12. Adopt a final budget in accordance with the regulations adopted

by the department. A charter school is not required to adopt a final

budget pursuant to NRS 354.598 or otherwise comply with the provisions

of chapter 354 of NRS.

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

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

2 of NRS 385.347 to the:

(a) Governor;

(b) State board;

(c) Department;

(d) Legislative committee on education created pursuant to NRS

218.5352; and

(e) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356.

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

pursuant to paragraph [(q)] (t) of subsection 2 of NRS 385.347 to the

commission on educational technology created pursuant to NRS 388.790.

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

charter school shall:

(a) Prepare:

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

charter school's program of accountability . [during the school year.] The

report must include:

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

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

and analysis of any data that is more recent than the data upon which

the report is based; and

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

school that are revealed by the review and analysis.

(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

the efforts the governing body has made to correct any deficiencies

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

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

governing body to evaluate the effectiveness of the written procedure.

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

pursuant to paragraph (a) to the:

(1) Governor;

(2) State board;

(3) Department;

(4) Legislative committee on education created pursuant to NRS

218.5352; and

(5) Legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356. 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

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

profile of information.

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

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

adopted [pursuant to NRS 354.598.] by the governing body of the charter

school.

6. The legislative bureau of educational accountability and program

evaluation created pursuant to NRS 218.5356 may authorize a person or

entity with whom it contracts pursuant to NRS 385.359 to review and

analyze information submitted by charter schools pursuant to this section,

consult with the governing bodies of charter schools and submit written

reports concerning charter schools pursuant to NRS 385.359.

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

389.015 1. The board of trustees of each school district shall

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

governing body of a charter school shall administer the same examinations

in the charter school. The examinations administered by the board of

trustees and governing body must determine the achievement and

proficiency of pupils in:

(a) Reading;

(b) Writing;

(c) Mathematics; and

(d) Science.

2. The examinations required by subsection 1 must be:

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

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

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

prescribed by the state board.

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

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

school districts and individual schools with the uniform procedures.

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

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

form and by the date required by the department.

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

examinations or the department completes the scoring of the examinations,

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

examinations have been transmitted to each school district and each charter

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

results of the examinations, the superintendent of [public instruction]

schools of each school district shall certify that the results of theexaminations have been transmitted to each school within the school

district. [Not] Except as otherwise provided in this subsection, not more

than [10] 15 working days after each school receives the results of the

examinations, the principal of each school 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 pupil:

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

administrator of the school and the parent or legal guardian of the pupil; or

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

of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school shall

notify the pupil and the parents or legal guardian of the pupil as soon as

practicable but not later than 15 working days after the school receives

the results of the examination.

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

diagnosed learning disabilities. If a pupil with a disability is unable to take

an examination created by a private entity under regular testing

conditions or with modifications and accommodations that are approved

by the private entity, the pupil may take the examination with

modifications and accommodations that are approved by the state board

pursuant to subsection 8. If a pupil with a disability is unable to take an

examination created by the department under regular testing conditions

or with modifications and accommodations that are approved by the

department, the pupil may take the examination with modifications and

accommodations that are approved by the state board pursuant to

subsection 8. The results of an examination that is taken under

conditions that are not approved by a private entity or the department, as

applicable, must not be reported pursuant to subsection 2 of NRS

389.017. If different standards of proficiency are adopted or other

modifications or accommodations are made in the 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 than a gifted and

talented pupil, the different standards adopted or other modifications or

accommodations must be set forth in the pupil's program of special

education developed in accordance with the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by

the state board. During the administration of the high school proficiency

examination, a pupil with a disability may be given additional time to

complete the examination if the additional time is a modification or

accommodation that is approved in the pupil's program of special

education developed in accordance with the Individuals with Disabilities

Education Act, 20 U.S.C. §§ 1400 et seq.

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

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

examination must be evaluated to determine what remedial study isappropriate. If such a pupil is enrolled at a school that has been designated

as demonstrating [inadequate achievement] need for improvement pursuant

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

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

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

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

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

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

reached the age of 17 years.

7. The state board shall prescribe standard examinations of

achievement and proficiency to be administered pursuant to subsection 1.

The examinations on reading, mathematics and science prescribed for

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

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

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

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

except:

(a) To the extent necessary for administering and evaluating the

examinations.

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

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

performance of that officer's duties.

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

superintendent of public instruction determines that the content of the

questions and answers is not being used in a current examination and

making the content available to the public poses no threat to the security of

the current examination process.

8. The state board shall prescribe, in accordance with the Individuals

with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

modifications and accommodations that may be used in the

administration of an examination to a pupil with a disability who is

unable to take the examination under regular testing conditions or with

modifications and accommodations that are approved by the private

entity that created the examination or, if the department created the

examination, by the department. These regulations may include, without

limitation, authorizing a pupil to complete an examination with

additional time.

Sec. 23.5. NRS 389.017 is hereby amended to read as follows:

389.017 1. The state board shall prescribe regulations requiring that

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

charter school submit to the superintendent of public instruction and the

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

results of achievement and proficiency examinations given in the 4th, 8th,10th and 11th grades to public school pupils of the district and charter

schools. The state board shall not include in the regulations any provision

which would violate the confidentiality of the test scores of any individual

pupil.

2. The results of examinations [administered to all pupils] must be

reported for each school, including, without limitation, each charter school,

school district and this state as follows:

(a) The average score , as defined by the department, of pupils [with

disabilities for whom different standards of achievement are adopted or

other] who took the examinations under regular testing conditions; and

(b) The average score, as defined by the department, of pupils who

took the examinations with modifications or accommodations [are made

if :

(1) The modifications or accommodations are] approved by the

[publisher of the examination; and

(2) Such] private entity that created the examination or, if

the department created the examination, the department, if such

reporting does not violate the confidentiality of the test scores of any

individual pupil . [;

(b) The average score of pupils for whom different standards of

achievement were not adopted or other modifications or accommodations

were not made; and

(c) The average score of all pupils who were tested, except for pupils

with disabilities who took an examination pursuant to subsection 4 of NRS

389.015 with modifications or accommodations that are not approved by

the publisher of the examination.]

3. The department shall adopt regulations prescribing the

requirements for reporting the scores of pupils who:

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

the private entity that created the examination or, if the department

created the examination, by the department;

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

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

at risk of dropping out of high school; or

(d) Are detained in a:

(1) Youth training center;

(2) Youth center;

(3) Juvenile forestry camp;

(4) Detention home;

(5) Youth camp;

(6) Juvenile correctional institution; or

(7) Correctional institution.

The scores reported pursuant to this subsection must not be included in

the average scores reported pursuant to subsection 2.

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

the achievement and proficiency examinations, the department shalltransmit a copy of the results of the examinations administered pursuant

to NRS 389.015 to the legislative bureau of educational accountability

and program evaluation in a manner that does not violate the

confidentiality of the test scores of any individual pupil.

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

charter school shall report to the department the following information for

each examination administered in the public schools in the school district

or charter school:

(a) The examination administered;

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

administered;

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

administering each examination; and

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

used by the school district or charter school.

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

budget division of the department of administration and the fiscal analysis

division of the legislative counsel bureau the information submitted to the

department pursuant to this subsection.

[4.] 6. The superintendent of schools of each school district and the

governing body of each charter school shall certify that the number of

pupils who took the examinations required pursuant to NRS 389.015 is

equal to the number of pupils who are enrolled in each school in the school

district or in the charter school who are required to take the examinations

except for those pupils who are exempt from taking the examinations. A

pupil may be exempt from taking the examinations if:

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

English language is below the [average proficiency of pupils at the same

grade] level that the state board determines is proficient, as measured by

an assessment of proficiency in the English language prescribed by the state

board [;] pursuant to subsection 8; or

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

388.440 to 388.520, inclusive, and his program of special education

specifies that he is exempt from taking the examinations.

[5.] 7. In addition to the information required by subsection [3,] 5, the

superintendent of public instruction shall:

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

examinations but were absent from school on the day that the examinations

were administered; and

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

examinations with the number of pupils who were exempt from taking the

examinations or absent from school on the day that the examinations were

administered.

[6.] 8. The state board shall prescribe an assessment of proficiency in

the English language for pupils whose primary language is not English todetermine which pupils are exempt from the examinations pursuant to

paragraph (a) of subsection [4.] 6.

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

392.128 1. Each advisory board to review school attendance created

pursuant to NRS 392.126 shall:

(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

of trustees of the school district pursuant to subsection [4] 6 of NRS

385.347;

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

school district;

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

school district;

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

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

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

citations pursuant to NRS 392.142; and

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

in the schools within the district of the policies and procedures adopted

pursuant to the provisions of this section.

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

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

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

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

the advisory board to review school attendance to reduce the rate of truancy

of pupils in the school district.

Sec. 25. Section 1 of Senate Bill No. 21 of this session is hereby

amended to read as follows:

Section 1. NRS 389.015 is hereby amended to read as follows:

389.015 1. The board of trustees of each school district shall

administer examinations in all public schools of the school district.

The governing body of a charter school shall administer the same

examinations in the charter school. The examinations administered

by the board of trustees and governing body must determine the

achievement and proficiency of pupils in:

(a) Reading;

(b) Writing;

(c) Mathematics; and

(d) Science.

2. The examinations required by subsection 1 must be:

(a) Administered before the completion of grades 4, 8, 10

and 11. (b) Administered in each school district and each charter school

at the same time. The time for the administration of the

examinations must be prescribed by the state board.

(c) Administered in each school in accordance with uniform

procedures adopted by the state board. The department shall

monitor the compliance of school districts and individual schools

with the uniform procedures.

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

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 form and by the date required by the

department.

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 examinations or the department completes the scoring of

the examinations, the superintendent of public instruction shall

certify that the results of the examinations have been transmitted to

each school district and each charter school. Not more than 10

working days after a school district receives the results of the

examinations, the superintendent of schools of each school district

shall certify that the results of the examinations have been

transmitted to each school within the school district. Except as

otherwise provided in this subsection, not more than 15 working

days after each school receives the results of the examinations, the

principal of each school 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 pupil:

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

administrator of the school and the parent or legal guardian of the

pupil; or

(b) By mailing the results of the examinations to the last known

address of the parent or legal guardian of the pupil.

If a pupil fails the high school proficiency examination, the school

shall notify the pupil and the parents or legal guardian of the pupil

as soon as practicable but not later than 15 working days after the

school receives the results of the examination.

4. Different standards of proficiency may be adopted for pupils

with diagnosed learning disabilities. If a pupil with a disability is

unable to take an examination created by a private entity under

regular testing conditions or with modifications and

accommodations that are approved by the private entity, the pupil

may take the examination with modifications and accommodations

that are approved by the state board pursuant to subsection 8. If a

pupil with a disability is unable to take an examination created by

the department under regular testing conditions or with

modifications and accommodations that are approved by thedepartment, the pupil may take the examination with modifications

and accommodations that are approved by the state board pursuant

to subsection 8. The results of an examination that is taken under

conditions that are not approved by a private entity or the

department, as applicable, must not be reported pursuant to

subsection 2 of NRS 389.017. If different standards of proficiency

are adopted or other modifications or accommodations are made in

the 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 than a gifted and talented pupil, the

different standards adopted or other modifications or

accommodations must be set forth in the pupil's program of special

education developed in accordance with the Individuals with

Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the

standards prescribed by the state board. During the administration

of the high school proficiency examination, a pupil with a disability

may be given additional time to complete the examination if the

additional time is a modification or accommodation that is

approved in the pupil's program of special education developed in

accordance with the Individuals with Disabilities Education Act, 20

U.S.C. §§ 1400 et seq.

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 may be promoted to the next higher grade, but the

results of his examination must be evaluated to determine what

remedial study is appropriate. If such a pupil is enrolled at a school

that has been designated as demonstrating need for improvement

pursuant to NRS 385.367 the pupil must, in accordance with the

requirements set forth in this subsection, complete remedial study

that is determined to be appropriate for the pupil.

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 able, through remedial study, to pass the

proficiency examination, but he may be given a certificate of

attendance, in place of a diploma, if he has reached the age of 17

years.

7. The state board shall prescribe standard examinations of

achievement and proficiency to be administered pursuant to

subsection 1. The examinations on reading, mathematics and

science prescribed for 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 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 4, 8

and 10. The questions contained in the examinations and theapproved answers used for grading them are confidential, and

disclosure is unlawful except:

(a) To the extent necessary for administering and evaluating the

examinations.

(b) That a disclosure may be made to a [state] :

(1) State officer who is a member of the executive or

legislative branch to the extent that it is [related to] necessary for

the performance of [that officer's duties.] his duties;

(2) Superintendent of schools of a school district to the

extent that it is necessary for the performance of his duties;

(3) Director of curriculum of a school district to the extent

that it is necessary for the performance of his duties; and

(4) Director of testing of a school district to the extent that it

is necessary for the performance of his duties.

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

superintendent of public instruction determines that the content of

the questions and answers is not being used in a current examination

and making the content available to the public poses no threat to the

security of the current examination process.

8. The state board shall prescribe, in accordance with the

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et

seq., the modifications and accommodations that may be used in the

administration of an examination to a pupil with a disability who is

unable to take the examination under regular testing conditions or

with modifications and accommodations that are approved by the

private entity that created the examination or, if the department

created the examination, by the department. These regulations may

include, without limitation, authorizing a pupil to complete an

examination with additional time.

Sec. 26. 1. This section and section 23 of this act become effective

upon passage and approval.

2. Sections 1 to 22, inclusive, 24 and 25 of this act become effective on

July 1, 1999.

3. Section 23.5 of this act becomes effective at 12:01 a.m. on July 1,

1999.

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