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

1-1 Section 1. 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

1-12 percentile of the national 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

2-7 examinations;

2-8 (b) Prepare a written plan to increase the number of pupils who take

2-9 the examinations administered pursuant to NRS 389.015; and

2-10 (c) On or before May 1 of the year in which the school receives notice

2-11 pursuant to NRS 385.369 that a designation will not be made for the

2-12 school, submit the written statement and plan to the:

2-13 (1) Governor;

2-14 (2) Department;

2-15 (3) Committee; and

2-16 (4) Bureau.

2-17 Sec. 3. 1. If the department does not designate a school pursuant

2-18 to NRS 385.363 and, in the immediately succeeding school year, less

2-19 than 90 percent of the pupils enrolled in the school who are required to

2-20 take the examinations administered pursuant to NRS 389.015 take the

2-21 examinations, the department shall designate the school as

2-22 demonstrating need for improvement and the provisions of NRS 385.373

2-23 apply.

2-24 2. If the department designates a school as demonstrating need for

2-25 improvement pursuant to subsection 1:

2-26 (a) The school shall, within the same school year, administer

2-27 examinations to the pupils in the school who are enrolled in a grade that

2-28 is required to take the examinations pursuant to NRS 389.015. The

2-29 examinations must be the same examinations that are administered to a

2-30 national reference group of pupils in the same grade. The school district

2-31 shall pay for all costs related to the administration of examinations

2-32 pursuant to this paragraph.

2-33 (b) The department or its designee shall monitor at the school the

2-34 administration of the examinations that are required pursuant to NRS

2-35 389.015 and ensure that all eligible pupils who are in attendance on the

2-36 day of the administration of the examinations are given an opportunity to

2-37 take the examinations until the school receives a designation as

2-38 demonstrating exemplary achievement, high achievement or adequate

2-39 achievement pursuant to NRS 385.365.

2-40 3. A school that is designated as demonstrating need for

2-41 improvement pursuant to subsection 1 is not eligible to receive money for

2-42 remedial programs made available by legislative appropriation for the

2-43 purposes of NRS 385.389.

3-1 4. If the department designates a school as demonstrating need for

3-2 improvement pursuant to subsection 1 for two or more consecutive years,

3-3 the provisions of NRS 385.375 and 385.378 apply.

3-4 Sec. 4. NRS 385.3455 is hereby amended to read as follows:

3-5 385.3455 As used in NRS 385.3455 to 385.391, inclusive, and

3-8 ascribed to them in those sections.

3-9 Sec. 5. NRS 385.347 is hereby amended to read as follows:

3-10 385.347 1. The board of trustees of each school district in this state,

3-43 including, without limitation, each charter school in the district, the average

4-1 class size for each required course of study for each secondary school in the

4-2 district and the district as a whole, including, without limitation, each

4-3 charter school in the district, and other data concerning licensed and

4-4 unlicensed employees of the school district.

4-5 (d) [A comparison of the types of classes that each teacher has] The

4-6 percentage of classes taught by teachers who have been assigned to teach

4-7 [with the qualifications and licensure of the teacher,] English,

4-8 mathematics, science or social studies but do not possess a license with

4-9 an endorsement to teach in that subject area, for each school in the

4-10 district and the district as a whole, including, without limitation, each

4-11 charter school in the district.

4-12 (e) The total expenditure per pupil for each school in the district and the

4-13 district as a whole, including, without limitation, each charter school in the

4-14 district.

4-15 (f) The curriculum used by the school district, including:

4-16 (1) Any special programs for pupils at an individual school; and

4-17 (2) The curriculum used by each charter school in the district.

4-18 (g) The annual rate of the attendance and truancy of pupils in all grades,

4-19 including, without limitation, the average daily attendance of pupils, for

4-20 each school in the district and the district as a whole, including, without

4-21 limitation, each charter school in the district.

4-22 (h) The annual rate of pupils who drop out of school in grades 9 to 12,

4-23 inclusive, for each such grade, for each school in the district and for the

4-24 district as a whole.

4-25 (i) Records of attendance of teachers who provide instruction, for each

4-26 school in the district and the district as a whole, including, without

4-27 limitation, each charter school in the district.

4-28 (j) Efforts made by the school district and by each school in the district,

4-29 including, without limitation, each charter school in the district, to increase:

4-30 (1) Communication with the parents of pupils in the district; and

4-31 (2) The participation of parents in the educational process and

4-32 activities relating to the school district and each school, including, without

4-33 limitation, the existence of parent organizations and school advisory

4-34 committees.

4-35 (k) Records of incidents involving weapons or violence for each school

4-36 in the district, including, without limitation, each charter school in the

4-37 district.

4-38 (l) Records of incidents involving the use or possession of alcoholic

4-39 beverages or controlled substances for each school in the district, including,

4-40 without limitation, each charter school in the district.

4-41 (m) Records of the suspension and expulsion of pupils required or

4-42 authorized pursuant to NRS 392.466 and 392.467.

5-1 (n) The number of pupils who are deemed habitual disciplinary

5-2 problems pursuant to NRS 392.4655, for each school in the district and

5-3 the district as a whole, including, without limitation, each charter school

5-4 in the district.

5-5 (o) The number of pupils in each grade who are retained in the same

5-6 grade pursuant to NRS 392.125, for each school in the district and the

5-7 district as a whole, including, without limitation, each charter school in

5-8 the district.

5-9 (p) The transiency rate of pupils for each school in the district and the

5-10 district as a whole, including, without limitation, each charter school in the

5-11 district. For the purposes of this paragraph, a pupil is not transient if he

5-12 is transferred to a different school within the school district as a result of

5-13 a change in the zone of attendance by the board of trustees of the school

5-14 district pursuant to NRS 388.040.

5-15 [(o)] (q) Each source of funding for the school district.

5-16 [(p)] (r) The amount and sources of money received for remedial

5-17 education for each school in the district and the district as a whole,

5-18 including, without limitation, each charter school in the district.

5-19 (s) For each high school in the district, including, without limitation,

5-20 each charter school in the district, the percentage of pupils who graduated

5-21 from that high school or charter school in the immediately preceding year

5-22 and enrolled in remedial courses in reading, writing or mathematics at a

5-23 university or community college within the University and Community

5-24 College System of Nevada.

5-25 [(q)] (t) The technological facilities and equipment available at each

5-26 school, including, without limitation, each charter school, and the district’s

5-27 plan to incorporate educational technology at each school.

5-28 [(r)] (u) For each school in the district and the district as a whole,

5-29 including, without limitation, each charter school in the district, the

5-30 number and percentage of pupils who graduate with:

5-31 (1) A standard high school diploma.

5-32 (2) An adjusted diploma.

5-33 (3) A certificate of attendance.

5-34 (v) For each school in the district and the district as a whole,

5-35 including, without limitation, each charter school in the district, the

5-36 number and percentage of pupils who did not receive a high school

5-37 diploma because the pupils failed to pass the high school proficiency

5-38 examination.

5-39 (w) Such other information as is directed by the superintendent of public

5-40 instruction.

5-41 3. The records of attendance maintained by a school for purposes of

5-42 paragraph (i) of subsection 2 must include the number of teachers who

5-43 are in attendance at school and the number of teachers who are absent

6-1 from school. A teacher shall be deemed in attendance if the teacher is

6-2 excused from being present in the classroom by the school in which he is

6-3 employed for one of the following reasons:

6-4 (a) Acquisition of knowledge or skills relating to the professional

6-5 development of the teacher; or

6-6 (b) Assignment of the teacher to perform duties for cocurricular or

6-7 extracurricular activities of pupils.

6-8 4. The superintendent of public instruction shall:

6-9 (a) Prescribe forms for the reports required pursuant to subsection 2 and

6-10 provide the forms to the respective school districts.

6-11 (b) Provide statistical information and technical assistance to the school

6-12 districts to ensure that the reports provide comparable information with

6-13 respect to each school in each district and among the districts.

6-14 (c) Consult with a representative of the:

6-15 (1) Nevada State Education Association;

6-16 (2) Nevada Association of School Boards;

6-17 (3) Nevada Association of School Administrators;

6-18 (4) Nevada Parent Teachers Association;

6-19 (5) Budget division of the department of administration; and

6-20 (6) Legislative counsel bureau,

6-21 concerning the program and consider any advice or recommendations

6-22 submitted by the representatives with respect to the program.

6-23 [4.] 5. The superintendent of public instruction may consult with

6-24 representatives of parent groups other than the Nevada Parent Teachers

6-25 Association concerning the program and consider any advice or

6-26 recommendations submitted by the representatives with respect to the

6-27 program.

6-28 6. On or before April 15 of each year, the board of trustees of each

6-29 school district shall submit to the advisory board to review school

6-30 attendance created in the county pursuant to NRS 392.126 the information

6-31 required in paragraph (g) of subsection 2.

6-32 Sec. 6. NRS 385.351 is hereby amended to read as follows:

6-33 385.351 1. On or before April 15 of each year, the board of trustees

6-43 trustees pursuant to paragraph [(q)] (t) of subsection 2 of NRS 385.347 to

7-1 the commission on educational technology created pursuant to NRS

7-2 388.790.

7-3 3. On or before June 15 of each year, the board of trustees of each

7-4 school district shall:

7-5 (a) Prepare:

7-6 (1) A separate written report summarizing the effectiveness of the

7-7 district’s program of accountability . [during the school year.] The report

7-8 must include:

7-9 (I) A review and analysis of the data upon which the report

7-10 required pursuant to subsection 2 of NRS 385.347 is based [;] and a review

7-11 and analysis of any data that is more recent than the data upon which

7-12 the report is based;

7-13 (II) The identification of any problems or factors at individual

7-14 schools that are revealed by the review and analysis [.] ;

7-15 (III) A summary of the efforts that the school district has made

7-16 or intends to make in response to the deficiencies or in response to the

7-17 recommendations identified in the report submitted to the district

7-18 pursuant to paragraph (b) of subsection 1 of NRS 385.359; and

7-19 (IV) A description of the progress that the school district has

7-20 achieved, if any, as a result of the recommendations submitted pursuant

7-21 to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and

7-22 any other analyses made in preceding years.

7-23 (2) A written procedure to improve the achievement of pupils who are

7-24 enrolled in schools within the district, including, but not limited to, a

7-25 description of the efforts the district has made to correct any deficiencies

7-26 identified in the written report required pursuant to subparagraph (1). The

7-27 written procedure must describe sources of data that will be used by the

7-28 board of trustees to evaluate the effectiveness of the written procedure.

7-29 (b) Submit copies of the written report and written procedure required

7-30 pursuant to paragraph (a) to the:

7-31 (1) Governor;

7-32 (2) State board;

7-33 (3) Department;

7-34 (4) Committee; and

7-35 (5) Bureau.

7-36 4. The department shall maintain a record of the information that it

7-37 receives from each school district pursuant to this section in such a manner

7-38 as will allow the department to create for each school a yearly profile of

7-39 information.

7-40 5. The board of trustees of each school district shall ensure that a copy

7-41 of the written report and written procedure required pursuant to paragraph

7-42 (a) of subsection 3 is included with the final budget of the school district

7-43 adopted pursuant to NRS 354.598.

8-1 Sec. 7. NRS 385.356 is hereby amended to read as follows:

8-2 385.356 The department shall maintain a record of the:

8-12 of pupils who take the examinations required pursuant to NRS 389.015.

8-13 Sec. 8. NRS 385.359 is hereby amended to read as follows:

8-14 385.359 1. The bureau shall contract with a person or entity to:

8-41 pursuant to NRS 385.351.

9-1 Sec. 9. NRS 385.363 is hereby amended to read as follows:

9-2 385.363 The department shall, on or before [December 15] April 1 of

9-15 (d) Demonstrating need for improvement.

9-16 3. The department shall adopt regulations that set forth the

9-17 conditions under which the department will not designate a public school

9-18 pursuant to this section because the school:

9-19 (a) Has too few pupils enrolled in a grade level that is tested pursuant

9-20 to NRS 389.015;

9-21 (b) Serves only pupils with disabilities;

9-22 (c) Operates only as an alternative program for the education of

9-23 pupils at risk of dropping out of high school; or

9-24 (d) Is operated within a:

9-25 (1) Youth training center;

9-26 (2) Youth center;

9-27 (3) Juvenile forestry camp;

9-28 (4) Detention home;

9-29 (5) Youth camp;

9-30 (6) Juvenile correctional institution; or

9-31 (7) Correctional institution.

9-32 Sec. 10. NRS 385.365 is hereby amended to read as follows:

9-33 385.365 1. The department shall designate a public school as

9-43 examinations were compared; and

10-1 (c) The average daily attendance of pupils who are enrolled in the

10-2 school [and the teachers who provide instruction at the school is more than]

10-3 is at least 95 percent.

10-4 2. The department shall designate a public school as demonstrating

10-5 high achievement if:

10-6 (a) The number of pupils who took the examinations administered

10-7 pursuant to NRS 389.015 is at least equal to 93 percent of the pupils who

10-8 were required to take the examinations and were not exempt pursuant to

10-9 the regulations of the department;

10-10 (b) At least 40 percent of the pupils enrolled in that school who took

10-11 the examinations administered pursuant to NRS 389.015 received an

10-12 average score on those examinations that is at least equal to the 76th

10-13 percentile of the national reference group of pupils to which the

10-14 examinations were compared; and

10-15 (c) The average daily attendance of pupils who are enrolled in the

10-16 school is at least 93 percent.

10-17 3. The department shall designate a public school as demonstrating

10-18 adequate achievement if:

10-19 (a) The number of pupils who took the examinations administered

10-20 pursuant to NRS 389.015 is at least equal to 90 percent of the pupils who

10-21 were required to take the examinations and were not exempt pursuant to the

10-22 regulations of the department;

10-23 (b) At least 60 percent of the pupils enrolled in that school who took the

10-24 examinations administered pursuant to NRS 389.015 received an average

10-25 score on those examinations that is at least equal to the 26th percentile of

10-26 the national reference group of pupils to which the examinations were

10-27 compared; and

10-28 (c) The average daily attendance of pupils who are enrolled in the

10-29 school [and the teachers who provide instruction at the school is more than]

10-30 is at least 90 percent.

10-31 Sec. 11. NRS 385.367 is hereby amended to read as follows:

10-32 385.367 The department shall designate a public school as

10-43 subsection 4 of NRS 385.351.

11-1 Sec. 12. NRS 385.369 is hereby amended to read as follows:

11-2 385.369 1. As soon as practicable after the department makes a

11-43 (2) Board of trustees of the school district.

12-1 Sec. 13. NRS 385.371 is hereby amended to read as follows:

12-2 385.371 If the department designates a school as demonstrating

12-15 (d) Bureau.

12-16 Sec. 14. NRS 385.373 is hereby amended to read as follows:

12-17 385.373 If the department designates a school as demonstrating

12-38 (e) Bureau.

12-39 Sec. 15. NRS 385.375 is hereby amended to read as follows:

12-40 385.375 If the department designates a school as demonstrating

12-43 2 or more consecutive years:

13-1 1. The department shall:

13-2 (a) Continue the academic probation of the school;

13-3 (b) Prepare for that school a plan to [improve] :

13-4 (1) Improve the achievement of the school’s pupils as measured by

13-5 the examinations required pursuant to NRS 389.015; [and]

13-6 (2) If the school received a designation pursuant to section 3 of this

13-7 act, increase the number of pupils who take the examinations required

13-8 pursuant to NRS 389.015; and

13-9 (c) [Submit] On or before May 1 of the year in which the third or

13-10 subsequent designation was made pursuant to NRS 385.367 or the

13-11 second or subsequent designation was made pursuant to section 3 of this

13-12 act, submit the plan to the:

13-13 (1) Board of trustees of the school district in which the school is

13-14 located;

13-15 (2) Governor;

13-16 (3) State board;

13-17 (4) Committee; and

13-18 (5) Bureau.

13-19 A plan prepared and submitted by the department pursuant to this

13-20 subsection must contain specific information about the school, including,

13-21 but not limited to, information concerning the administrative operation of

13-22 the school, the curriculum of the school and the financial and other

13-23 resources of the school.

13-24 2. The board of trustees of the school district in which the school is

13-25 located shall, until such time as the school is designated as demonstrating

13-26 exemplary achievement, high achievement or adequate achievement

13-27 pursuant to NRS 385.365, make [at least four] two reports per year , one at

13-28 the end of each semester, to the department, the committee , the bureau

13-29 and the governor concerning the progress of the school in carrying out the

13-30 plan prepared pursuant to subsection 1.

13-31 Sec. 16. NRS 385.378 is hereby amended to read as follows:

13-32 385.378 1. Except as otherwise provided in [subsection 3,]

13-43 (b) [Two representatives] One representative of the private sector;

14-1 (c) Two parents or legal guardians of pupils who are enrolled in the

14-2 school; [and]

14-3 (d) One person who is a member of the board of trustees of a school

14-4 district; and

14-5 (e) Three persons who are licensed educational personnel at public

14-6 schools within this state. [Two of the persons] One person appointed

14-7 pursuant to this paragraph must be a classroom [teachers who provide]

14-8 teacher who provides instruction at [schools that are] a school that is not

14-9 located within the same school district as the school which is the subject of

14-10 the evaluation. One person appointed pursuant to this paragraph must be

14-11 an administrator at a school that is not located within the same school

14-12 district as the school which is the subject of the evaluation.

14-13 2. For each day or portion of a day during which a member of the panel

14-14 attends a meeting of the panel or is otherwise engaged in the work of the

14-15 panel, he is entitled to receive the per diem allowance and travel expenses

14-16 provided for state officers and employees generally. The school district in

14-17 which the school on academic probation is located shall pay the allowances

14-18 and expenses authorized pursuant to this subsection.

14-19 3. If a school receives two or more consecutive designations as

14-20 demonstrating [inadequate achievement,] need for improvement pursuant

14-21 to NRS 385.367, the school may submit to the department a request for a

14-22 waiver of the requirement for the establishment of a panel to supervise the

14-23 academic probation of the school. The department may grant such a waiver

14-24 if the yearly profile of information for the school maintained by the

14-25 department pursuant to subsection 4 of NRS 385.351 demonstrates to the

14-26 satisfaction of the department that the school has significantly improved in

14-27 each of the immediately preceding 3 years covered by the profile.

14-28 4. If a school receives two or more consecutive designations as

14-29 demonstrating need for improvement pursuant to section 3 of this act, the

14-30 school may submit to the department a request for a waiver of the

14-31 requirement for the establishment of a panel to supervise the academic

14-32 probation of the school. The department may grant such a waiver if the

14-33 yearly profile of information for the school maintained by the department

14-34 pursuant to subsection 4 of NRS 385.351 demonstrates to the satisfaction

14-35 of the department that the number of pupils enrolled in the school who

14-36 take the examinations required pursuant to NRS 389.015 has

14-37 significantly increased in each of the immediately preceding 2 years

14-38 covered by the profile.

14-39 5. If the department grants a waiver pursuant to subsection 3 [,] or 4, it

14-40 shall, on or before [February 15] June 1 of each year, prepare a list that

14-41 contains the name of each school for which the department has granted a

14-42 waiver and the justification of the department for granting the waiver. The

14-43 department shall submit the list to the:

15-1 (a) Governor;

15-2 (b) State board;

15-3 (c) Committee; and

15-4 (d) Bureau.

15-5 Sec. 17. NRS 385.381 is hereby amended to read as follows:

15-6 385.381 1. A panel established pursuant to NRS 385.378 shall:

15-43 legal guardian of a pupil who is enrolled in the school; and

16-1 (g) In accordance with its findings pursuant to this subsection, adopt

16-2 revisions to the most recent plan prepared by the department for the school

16-3 pursuant to NRS 385.373 or 385.375.

16-4 2. The department shall, not more than 1 month after receiving the

16-5 written report submitted by the panel:

16-6 (a) Amend the most recent plan prepared by the department for the

16-7 school pursuant to NRS 385.373 or 385.375. In amending the plan, the

16-8 department shall incorporate the revisions adopted by the panel pursuant to

16-9 paragraph (g) of subsection 1.

16-10 (b) Submit to the panel a copy of an amended plan for the school which

16-11 demonstrates to the satisfaction of the panel that the department

16-12 incorporated the revisions adopted by the panel pursuant to paragraph (g)

16-13 of subsection 1.

16-14 3. The department shall submit to the panel a copy of the designation

16-15 that it gives to the school pursuant to NRS 385.363 or section 3 of this act

16-16 for the school year immediately succeeding the establishment of the panel.

16-17 If the school does not earn a designation as demonstrating exemplary

16-18 achievement, high achievement or adequate achievement for the school

16-19 year immediately succeeding the establishment of the panel, the panel shall

16-20 take such action pursuant to subsection 1 and NRS 385.383 as it deems

16-21 necessary to ensure that the school takes action to improve its designation.

16-22 Sec. 18. NRS 385.383 is hereby amended to read as follows:

16-23 385.383 If a panel established pursuant to NRS 385.378 determines

16-31 oversee the operation of the school pursuant to NRS 385.386.

16-32 Sec. 19. NRS 385.386 is hereby amended to read as follows:

16-33 385.386 1. If a panel established pursuant to NRS 385.378

16-43 (a) Shall:

17-1 (1) Establish and carry out a policy for the management of the school

17-2 to ensure that the plan prepared by the department pursuant to NRS

17-3 385.375 and revised by the panel pursuant to NRS 385.381 is followed.

17-4 This subparagraph does not prohibit the administrator from recommending

17-5 changes to the plan.

17-6 (2) [On a quarterly basis, make] Make two reports , one at the end of

17-7 each semester, to the department, the governor , the bureau and the

17-8 committee regarding the progress of the school toward earning a

17-9 designation of demonstrating exemplary achievement, high achievement or

17-10 adequate achievement pursuant to NRS 385.365.

17-11 (b) May take any action not prohibited by law to ensure that [the] :

17-12 (1) The performance of the pupils of the school on the examinations

17-13 administered pursuant to NRS 389.015 ; and

17-14 (2) If the school received two or more consecutive designations

17-15 pursuant to section 3 of this act, the number of pupils who take the

17-16 examinations administered pursuant to NRS 389.015,

17-17 improves to such a level that the school is designated as demonstrating

17-18 exemplary achievement, high achievement or adequate achievement

17-19 pursuant to NRS 385.365.

17-20 (c) Serves at the pleasure of the superintendent of public instruction and

17-21 is entitled to receive such compensation as may be set by the

17-22 superintendent.

17-23 3. A school district that contains a school for which an administrator is

17-24 appointed pursuant to this section shall reimburse the department for any

17-25 expenses incurred by the department pursuant to subsection 2.

17-26 4. If a school for which an administrator is appointed pursuant to this

17-27 section receives a designation of demonstrating exemplary achievement,

17-28 high achievement or adequate achievement pursuant to NRS 385.365, the

17-29 superintendent of public instruction shall terminate the oversight of the

17-30 school by the administrator. After the superintendent terminates the

17-31 oversight of the school, the board of trustees of the school district in which

17-32 the school is located shall, [on a quarterly basis and] until such time as the

17-33 school receives two consecutive designations of demonstrating exemplary

17-34 achievement, high achievement or adequate achievement pursuant to NRS

17-35 385.365, make two reports , one at the end of each semester, to the

17-36 department, the committee , the bureau and the governor regarding actions

17-37 taken at the school to maintain that designation.

17-38 Sec. 20. NRS 385.389 is hereby amended to read as follows:

17-39 385.389 1. The department shall adopt programs of remedial study

17-42 shall consider the recommendations submitted by the committee pursuant to

18-1 NRS 218.5354 and programs of remedial study that have proven to be

18-2 successful in improving the academic achievement of pupils.

18-3 2. A school that receives a designation as demonstrating [inadequate

18-4 achievement] need for improvement pursuant to NRS 385.367 shall adopt

18-5 a program of remedial study that has been adopted by the department

18-6 pursuant to subsection 1.

18-7 3. A school district that includes a school which receives a

18-8 designation of demonstrating need for improvement pursuant to NRS

18-9 385.367 shall ensure that each of [its] the pupils enrolled in the school

18-10 who [fails] failed to demonstrate at least adequate achievement on the

18-11 examinations administered pursuant to NRS 389.015 completes, in

18-12 accordance with the requirements set forth in subsection 5 of NRS 389.015,

18-13 [a program of] remedial study [adopted by the department.] that is

18-14 determined to be appropriate for the pupil.

18-15 Sec. 21. NRS 385.391 is hereby amended to read as follows:

18-16 385.391 The department shall adopt:

18-34 which such data must be submitted.

18-35 Sec. 21.5. NRS 386.550 is hereby amended to read as follows:

18-36 386.550 A charter school shall:

18-43 effect in the school district in which the charter school is located.

19-1 5. Comply with the provisions of chapter 241 of NRS.

19-2 6. Schedule and provide annually at least as many days of instruction

19-3 as are required of other public schools located in the same school district as

19-4 the charter school is located.

19-5 7. Cooperate with the board of trustees of the school district in the

19-6 administration of the achievement and proficiency examinations

19-7 administered pursuant to NRS 389.015 to the pupils who are enrolled in the

19-8 charter school.

19-9 8. Comply with applicable statutes and regulations governing the

19-10 achievement and proficiency of pupils in this state.

19-11 9. Provide at least the courses of instruction that are required of pupils

19-12 by statute or regulation for promotion to the next grade or graduation from

19-13 a public high school and require the pupils who are enrolled in the charter

19-14 school to take those courses of study. This subsection does not preclude a

19-15 charter school from offering, or requiring the pupils who are enrolled in the

19-16 charter school to take, other courses of study that are required by statute or

19-17 regulation.

19-18 10. Provide instruction on acquired immune deficiency syndrome and

19-19 the human reproductive system, related to communicable diseases and

19-20 sexual responsibility in accordance with NRS 389.065.

19-21 11. Adhere to the same transportation policy that is in effect in the

19-22 school district in which the charter school is located.

19-23 12. Adopt a final budget in accordance with the regulations adopted

19-24 by the department. A charter school is not required to adopt a final

19-25 budget pursuant to NRS 354.598 or otherwise comply with the provisions

19-26 of chapter 354 of NRS.

19-27 Sec. 22. NRS 386.605 is hereby amended to read as follows:

19-28 386.605 1. On or before April 15 of each year, the governing body of

19-43 charter school shall:

20-1 (a) Prepare:

20-2 (1) A separate written report summarizing the effectiveness of the

20-3 charter school’s program of accountability . [during the school year.] The

20-4 report must include:

20-5 (I) A review and analysis of the data upon which the report

20-6 required pursuant to subsection 2 of NRS 385.347 is based [;] and a review

20-7 and analysis of any data that is more recent than the data upon which

20-8 the report is based; and

20-9 (II) The identification of any problems or factors at the charter

20-10 school that are revealed by the review and analysis.

20-11 (2) A written procedure to improve the achievement of pupils who are

20-12 enrolled in the charter school, including, but not limited to, a description of

20-13 the efforts the governing body has made to correct any deficiencies

20-14 identified in the written report required pursuant to subparagraph (1). The

20-15 written procedure must describe sources of data that will be used by the

20-16 governing body to evaluate the effectiveness of the written procedure.

20-17 (b) Submit copies of the written report and written procedure required

20-18 pursuant to paragraph (a) to the:

20-19 (1) Governor;

20-20 (2) State board;

20-21 (3) Department;

20-22 (4) Legislative committee on education created pursuant to NRS

20-23 218.5352; and

20-24 (5) Legislative bureau of educational accountability and program

20-25 evaluation created pursuant to NRS 218.5356.

20-26 4. The department shall maintain a record of the information that it

20-27 receives from each charter school pursuant to this section in such a manner

20-28 as will allow the department to create for each charter school a yearly

20-29 profile of information.

20-30 5. The governing body of each charter school shall ensure that a copy

20-31 of the written report and written procedure required pursuant to paragraph

20-32 (a) of subsection 3 is included with the final budget of the charter school

20-33 adopted [pursuant to NRS 354.598.] by the governing body of the charter

20-34 school.

20-35 6. The legislative bureau of educational accountability and program

20-36 evaluation created pursuant to NRS 218.5356 may authorize a person or

20-37 entity with whom it contracts pursuant to NRS 385.359 to review and

20-38 analyze information submitted by charter schools pursuant to this section,

20-39 consult with the governing bodies of charter schools and submit written

20-40 reports concerning charter schools pursuant to NRS 385.359.

20-41 Sec. 23. NRS 389.015 is hereby amended to read as follows:

20-42 389.015 1. The board of trustees of each school district shall

20-43 administer examinations in all public schools of the school district. The

21-1 governing body of a charter school shall administer the same examinations

21-2 in the charter school. The examinations administered by the board of

21-3 trustees and governing body must determine the achievement and

21-4 proficiency of pupils in:

21-5 (a) Reading;

21-6 (b) Writing;

21-7 (c) Mathematics; and

21-8 (d) Science.

21-9 2. The examinations required by subsection 1 must be:

21-10 (a) Administered before the completion of grades 4, 8, 10 and 11.

21-11 (b) Administered in each school district and each charter school at the

21-12 same time. The time for the administration of the examinations must be

21-13 prescribed by the state board.

21-14 (c) Administered in each school in accordance with uniform procedures

21-15 adopted by the state board. The department shall monitor the compliance of

21-16 school districts and individual schools with the uniform procedures.

21-17 (d) Scored by the department or a single private entity that has

21-18 contracted with the state board to score the examinations. If a private entity

21-19 scores the examinations, it shall report the results of the examinations in the

21-20 form and by the date required by the department.

21-21 3. Not more than 14 working days after the results of the examinations

21-22 are reported to the department by a private entity that scored the

21-23 examinations or the department completes the scoring of the examinations,

21-24 the superintendent of public instruction shall certify that the results of the

21-25 examinations have been transmitted to each school district and each charter

21-26 school. Not more than 10 working days after a school district receives the

21-27 results of the examinations, the superintendent of [public instruction]

21-28 schools of each school district shall certify that the results of the

21-29 examinations have been transmitted to each school within the school

21-30 district. [Not] Except as otherwise provided in this subsection, not more

21-31 than [10] 15 working days after each school receives the results of the

21-32 examinations, the principal of each school and the governing body of each

21-33 charter school shall certify that the results for each pupil have been

21-34 provided to the parent or legal guardian of the pupil:

21-35 (a) During a conference between the teacher of the pupil or

21-36 administrator of the school and the parent or legal guardian of the pupil; or

21-37 (b) By mailing the results of the examinations to the last known address

21-38 of the parent or legal guardian of the pupil.

21-39 If a pupil fails the high school proficiency examination, the school shall

21-40 notify the pupil and the parents or legal guardian of the pupil as soon as

21-41 practicable but not later than 15 working days after the school receives

21-42 the results of the examination.

22-1 4. Different standards of proficiency may be adopted for pupils with

22-2 diagnosed learning disabilities. If a pupil with a disability is unable to take

22-3 an examination created by a private entity under regular testing

22-4 conditions or with modifications and accommodations that are approved

22-5 by the private entity, the pupil may take the examination with

22-6 modifications and accommodations that are approved by the state board

22-7 pursuant to subsection 8. If a pupil with a disability is unable to take an

22-8 examination created by the department under regular testing conditions

22-9 or with modifications and accommodations that are approved by the

22-10 department, the pupil may take the examination with modifications and

22-11 accommodations that are approved by the state board pursuant to

22-12 subsection 8. The results of an examination that is taken under

22-13 conditions that are not approved by a private entity or the department, as

22-14 applicable, must not be reported pursuant to subsection 2 of NRS

22-15 389.017. If different standards of proficiency are adopted or other

22-16 modifications or accommodations are made in the administration of the

22-17 examinations for a pupil who is enrolled in a program of special education

22-18 pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and

22-19 talented pupil, the different standards adopted or other modifications or

22-20 accommodations must be set forth in the pupil’s program of special

22-21 education developed in accordance with the Individuals with Disabilities

22-22 Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by

22-23 the state board. During the administration of the high school proficiency

22-24 examination, a pupil with a disability may be given additional time to

22-25 complete the examination if the additional time is a modification or

22-26 accommodation that is approved in the pupil’s program of special

22-27 education developed in accordance with the Individuals with Disabilities

22-28 Education Act, 20 U.S.C. §§ 1400 et seq.

22-29 5. If a pupil fails to demonstrate at least adequate achievement on the

22-30 examination administered before the completion of grade 4, 8 or 10, he

22-31 may be promoted to the next higher grade, but the results of his

22-32 examination must be evaluated to determine what remedial study is

22-33 appropriate. If such a pupil is enrolled at a school that has been designated

22-34 as demonstrating [inadequate achievement] need for improvement pursuant

22-35 to NRS 385.367 the pupil must, in accordance with the requirements set

22-36 forth in this subsection, complete [a program of] remedial study [pursuant

22-37 to NRS 385.389.] that is determined to be appropriate for the pupil.

22-38 6. If a pupil fails to pass the proficiency examination administered

22-39 before the completion of grade 11, he must not be graduated until he is

22-40 able, through remedial study, to pass the proficiency examination, but he

22-41 may be given a certificate of attendance, in place of a diploma, if he has

22-42 reached the age of 17 years.

23-1 7. The state board shall prescribe standard examinations of

23-2 achievement and proficiency to be administered pursuant to subsection 1.

23-3 The examinations on reading, mathematics and science prescribed for

23-4 grades 4, 8 and 10 must be selected from examinations created by private

23-5 entities and administered to a national reference group, and must allow for

23-6 a comparison of the achievement and proficiency of pupils in grades 4, 8

23-7 and 10 in this state to that of a national reference group of pupils in grades

23-8 4, 8 and 10. The questions contained in the examinations and the approved

23-9 answers used for grading them are confidential, and disclosure is unlawful

23-10 except:

23-11 (a) To the extent necessary for administering and evaluating the

23-12 examinations.

23-13 (b) That a disclosure may be made to a state officer who is a member of

23-14 the executive or legislative branch to the extent that it is related to the

23-15 performance of that officer’s duties.

23-16 (c) That specific questions and answers may be disclosed if the

23-17 superintendent of public instruction determines that the content of the

23-18 questions and answers is not being used in a current examination and

23-19 making the content available to the public poses no threat to the security of

23-20 the current examination process.

23-21 8. The state board shall prescribe, in accordance with the Individuals

23-22 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the

23-23 modifications and accommodations that may be used in the

23-24 administration of an examination to a pupil with a disability who is

23-25 unable to take the examination under regular testing conditions or with

23-26 modifications and accommodations that are approved by the private

23-27 entity that created the examination or, if the department created the

23-28 examination, by the department. These regulations may include, without

23-29 limitation, authorizing a pupil to complete an examination with

23-30 additional time.

23-31 Sec. 23.5. NRS 389.017 is hereby amended to read as follows:

23-32 389.017 1. The state board shall prescribe regulations requiring that

23-43 school district and this state as follows:

24-1 (a) The average score , as defined by the department, of pupils [with

24-2 disabilities for whom different standards of achievement are adopted or

24-3 other] who took the examinations under regular testing conditions; and

24-4 (b) The average score, as defined by the department, of pupils who

24-5 took the examinations with modifications or accommodations [are made
24-6 if :

24-7 (1) The modifications or accommodations are] approved by the

24-8 [publisher of the examination; and

24-9 (2) Such] private entity that created the examination or, if
24-10 the department created the examination, the department, if such

24-11 reporting does not violate the confidentiality of the test scores of any

24-12 individual pupil . [;

24-13 (b) The average score of pupils for whom different standards of

24-14 achievement were not adopted or other modifications or accommodations

24-15 were not made; and

24-16 (c) The average score of all pupils who were tested, except for pupils

24-17 with disabilities who took an examination pursuant to subsection 4 of NRS

24-18 389.015 with modifications or accommodations that are not approved by

24-19 the publisher of the examination.]

24-20 3. The department shall adopt regulations prescribing the

24-21 requirements for reporting the scores of pupils who:

24-22 (a) Took the examinations under conditions that were not approved by

24-23 the private entity that created the examination or, if the department

24-24 created the examination, by the department;

24-25 (b) Are enrolled in special schools for children with disabilities;

24-26 (c) Are enrolled in an alternative program for the education of pupils

24-27 at risk of dropping out of high school; or

24-28 (d) Are detained in a:

24-29 (1) Youth training center;

24-30 (2) Youth center;

24-31 (3) Juvenile forestry camp;

24-32 (4) Detention home;

24-33 (5) Youth camp;

24-34 (6) Juvenile correctional institution; or

24-35 (7) Correctional institution.

24-36 The scores reported pursuant to this subsection must not be included in

24-37 the average scores reported pursuant to subsection 2.

24-38 4. Not later than 10 days after the department receives the results of

24-39 the achievement and proficiency examinations, the department shall

24-40 transmit a copy of the results of the examinations administered pursuant

24-41 to NRS 389.015 to the legislative bureau of educational accountability

24-42 and program evaluation in a manner that does not violate the

24-43 confidentiality of the test scores of any individual pupil.

25-1 5. On or before November 1 of each year, each school district and each

25-2 charter school shall report to the department the following information for

25-3 each examination administered in the public schools in the school district

25-4 or charter school:

25-5 (a) The examination administered;

25-6 (b) The grade level or levels of pupils to whom the examination was

25-7 administered;

25-8 (c) The costs incurred by the school district or charter school in

25-9 administering each examination; and

25-10 (d) The purpose, if any, for which the results of the examination are

25-11 used by the school district or charter school.

25-12 On or before December 1 of each year, the department shall transmit to the

25-13 budget division of the department of administration and the fiscal analysis

25-14 division of the legislative counsel bureau the information submitted to the

25-15 department pursuant to this subsection.

25-16 [4.] 6. The superintendent of schools of each school district and the

25-17 governing body of each charter school shall certify that the number of

25-18 pupils who took the examinations required pursuant to NRS 389.015 is

25-19 equal to the number of pupils who are enrolled in each school in the school

25-20 district or in the charter school who are required to take the examinations

25-21 except for those pupils who are exempt from taking the examinations. A

25-22 pupil may be exempt from taking the examinations if:

25-23 (a) His primary language is not English and his proficiency in the

25-24 English language is below the [average proficiency of pupils at the same

25-25 grade] level that the state board determines is proficient, as measured by

25-26 an assessment of proficiency in the English language prescribed by the state

25-27 board [;] pursuant to subsection 8; or

25-28 (b) He is enrolled in a program of special education pursuant to NRS

25-29 388.440 to 388.520, inclusive, and his program of special education

25-30 specifies that he is exempt from taking the examinations.

25-31 [5.] 7. In addition to the information required by subsection [3,] 5, the

25-32 superintendent of public instruction shall:

25-33 (a) Report the number of pupils who were not exempt from taking the

25-34 examinations but were absent from school on the day that the examinations

25-35 were administered; and

25-36 (b) Reconcile the number of pupils who were required to take the

25-37 examinations with the number of pupils who were exempt from taking the

25-38 examinations or absent from school on the day that the examinations were

25-39 administered.

25-40 [6.] 8. The state board shall prescribe an assessment of proficiency in

25-41 the English language for pupils whose primary language is not English to

25-42 determine which pupils are exempt from the examinations pursuant to

25-43 paragraph (a) of subsection [4.] 6.

26-1 Sec. 24. NRS 392.128 is hereby amended to read as follows:

26-2 392.128 1. Each advisory board to review school attendance created