A.B. 214
Assembly Bill No. 214–Committee on Education
(On Behalf of Legislative Committee on Education)
February 22, 2001
____________
Referred to Committee on Education
SUMMARY—Establishes certain requirements pertaining to certain examinations administered in public schools and reporting of alleged irregularities concerning such examinations. (BDR 34‑836)
FISCAL NOTE: Effect on Local Government: Yes.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education; requiring the department of education and the board of trustees of each school district to adopt a plan setting forth procedures concerning the security of certain examinations; providing for the enforcement of those procedures; requiring the department of education to enforce certain provisions of certain contracts relating to the timely delivery of the results of examinations; prohibiting retaliatory action against an official of a school district or charter school who discloses information regarding irregularities in testing administration or testing security; providing that a teacher or administrator who willfully neglects or fails to observe and carry out the provisions of a plan for test security is subject to disciplinary action; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 389 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.
1-3 Sec. 2. 1. The department shall, by regulation or otherwise, adopt
1-4 and enforce a plan setting forth procedures to ensure the security of
1-5 examinations that are administered to pupils pursuant to NRS 389.015
1-6 and 389.550.
1-7 2. A plan adopted pursuant to subsection 1 must include, without
1-8 limitation:
1-9 (a) Procedures pursuant to which pupils, school officials and other
1-10 persons may, and are encouraged to, report irregularities in testing
1-11 administration and testing security; and
2-1 (b) Procedures necessary to ensure the security of test materials and
2-2 the consistency of testing administration.
2-3 3. A copy of the plan adopted pursuant to this section and the
2-4 procedures set forth therein must be submitted on or before September 1
2-5 of each year to:
2-6 (a) The state board; and
2-7 (b) The legislative committee on education, created pursuant to NRS
2-8 218.5352.
2-9 4. As used in this section:
2-10 (a) “Irregularity in testing administration” means the failure to
2-11 administer an examination administered to pupils pursuant to NRS
2-12 389.015 or 389.550 in the manner intended by the person or entity that
2-13 created the examination.
2-14 (b) “Irregularity in testing security” means an act or omission that
2-15 tends to corrupt or impair the security of an examination administered to
2-16 pupils pursuant to NRS 389.015 or 389.550, including, without
2-17 limitation:
2-18 (1) The failure to comply with security procedures adopted
2-19 pursuant to this section or section 4 of this act;
2-20 (2) The disclosure of questions or answers to questions on an
2-21 examination in a manner not otherwise approved by law; and
2-22 (3) Other breaches in the security or confidentiality of the questions
2-23 or answers to questions on an examination.
2-24 (c) “School official” means:
2-25 (1) A member of a board of trustees of a school district;
2-26 (2) A member of a governing body of a charter school; or
2-27 (3) A licensed or unlicensed person employed by the board of
2-28 trustees of a school district or the governing body of a charter school.
2-29 Sec. 3. 1. If the department:
2-30 (a) Has reason to believe that a violation of the plan adopted pursuant
2-31 to section 2 of this act may have occurred;
2-32 (b) Has reason to believe that a violation of the plan adopted pursuant
2-33 to section 4 of this act may have occurred; or
2-34 (c) Receives a request pursuant to subparagraph (2) of paragraph (b)
2-35 of subsection 1 of section 5 of this act to investigate a potential violation
2-36 of the plan adopted pursuant to section 4 of this act,
2-37 the department shall investigate the matter as it deems appropriate.
2-38 2. If the department investigates a matter pursuant to subsection 1,
2-39 the department may issue a subpoena to compel the attendance or
2-40 testimony of a witness or the production of any relevant materials,
2-41 including, but not limited to, books, papers, documents, records,
2-42 photographs, recordings, reports and tangible objects.
2-43 3. If a witness refuses to attend, testify or produce materials as
2-44 required by the subpoena, the department may report to the district court
2-45 by petition, setting forth that:
2-46 (a) Due notice has been given of the time and place of attendance or
2-47 testimony of the witness or the production of materials;
2-48 (b) The witness has been subpoenaed by the department pursuant to
2-49 this section; and
3-1 (c) The witness has failed or refused to attend, testify or produce
3-2 materials before the department as required by the subpoena, or has
3-3 refused to answer questions propounded to him,
3-4 and asking for an order of the court compelling the witness to attend,
3-5 testify or produce materials before the department.
3-6 4. Upon receipt of such a petition, the court shall enter an order
3-7 directing the witness to appear before the court at a time and place to be
3-8 fixed by the court in its order, the time to be not more than 10 days after
3-9 the date of the order, and then and there show cause why he has not
3-10 attended, testified or produced materials before the department. A
3-11 certified copy of the order must be served upon the witness.
3-12 5. If it appears to the court that the subpoena was regularly issued by
3-13 the department, the court shall enter an order that the witness appear
3-14 before the department at a time and place fixed in the order and testify or
3-15 produce materials, and that upon failure to obey the order the witness
3-16 must be dealt with as for contempt of court.
3-17 Sec. 4. 1. The board of trustees of each school district shall, for
3-18 each public school in the district, including, without limitation, charter
3-19 schools, adopt and enforce a plan setting forth procedures to ensure the
3-20 security of examinations.
3-21 2. A plan adopted pursuant to subsection 1 must include, without
3-22 limitation:
3-23 (a) Procedures pursuant to which pupils, school officials and other
3-24 persons may, and are encouraged to, report irregularities in testing
3-25 administration and testing security;
3-26 (b) Procedures necessary to ensure the security of test materials and
3-27 the consistency of testing administration; and
3-28 (c) With respect to secondary schools, procedures pursuant to which
3-29 the school district or charter school, as appropriate, will verify the
3-30 identity of pupils taking an examination.
3-31 The procedures adopted in accordance with paragraphs (a) and (b) must
3-32 be consistent, to the extent applicable, with the procedures adopted by the
3-33 department pursuant to section 2 of this act.
3-34 3. A copy of each plan adopted pursuant to this section and the
3-35 procedures set forth therein must be submitted on or before September 1
3-36 of each year to:
3-37 (a) The state board; and
3-38 (b) The legislative committee on education, created pursuant to NRS
3-39 218.5352.
3-40 4. As used in this section:
3-41 (a) “Examination” means:
3-42 (1) Achievement and proficiency examinations that are
3-43 administered to pupils pursuant to NRS 389.015 or 389.550; and
3-44 (2) Any other examinations which measure the achievement and
3-45 proficiency of pupils and which are administered to pupils on a district-
3-46 wide basis.
3-47 (b) “Irregularity in testing administration” means the failure to
3-48 administer an examination in the manner intended by the person or
3-49 entity that created the examination.
4-1 (c) “Irregularity in testing security” means an act or omission that
4-2 tends to corrupt or impair the security of an examination, including,
4-3 without limitation:
4-4 (1) The failure to comply with security procedures adopted
4-5 pursuant to section 2 or 4 of this act;
4-6 (2) The disclosure of questions or answers to questions on an
4-7 examination in a manner not otherwise approved by law; and
4-8 (3) Other breaches in the security or confidentiality of the questions
4-9 or answers to questions on an examination.
4-10 (d) “School official” means:
4-11 (1) A member of a board of trustees of a school district;
4-12 (2) A member of a governing body of a charter school; or
4-13 (3) A licensed or unlicensed person employed by the board of
4-14 trustees of a school district or the governing body of a charter school.
4-15 Sec. 5. 1. If the board of trustees of a school district has reason to
4-16 believe that a violation of its plan adopted pursuant to section 4 of this
4-17 act may have occurred, the board of trustees shall:
4-18 (a) Immediately report the incident to the department orally or in
4-19 writing followed by a comprehensive written report within 14 school days
4-20 after the incident occurred; and
4-21 (b) Cause to be commenced an investigation of the incident. The
4-22 board of trustees may carry out the requirements of this paragraph by:
4-23 (1) Investigating the incident as it deems appropriate, including,
4-24 without limitation, using the powers of subpoena set forth in this section.
4-25 (2) Requesting that the department investigate the incident
4-26 pursuant to section 3 of this act.
4-27 The fact that a board of trustees elects initially to carry out its own
4-28 investigation pursuant to subparagraph (1) of paragraph (b) does not
4-29 affect the ability of the board of trustees to request, at any time, that the
4-30 department investigate the incident as authorized pursuant to
4-31 subparagraph (2) of paragraph (b).
4-32 2. Except as otherwise provided in this subsection, if the board of
4-33 trustees of a school district proceeds in accordance with subparagraph
4-34 (1) of paragraph (b) of subsection 1, the board of trustees may issue a
4-35 subpoena to compel the attendance or testimony of a witness or the
4-36 production of any relevant materials, including, but not limited to, books,
4-37 papers, documents, records, photographs, recordings, reports and
4-38 tangible objects. A board of trustees shall not issue a subpoena to compel
4-39 the attendance or testimony of a witness or the production of materials
4-40 unless the attendance, testimony or production sought to be compelled is
4-41 related directly to a violation or an alleged violation of the plan adopted
4-42 pursuant to section 4 of this act.
4-43 3. If a witness refuses to attend, testify or produce materials as
4-44 required by the subpoena, the board of trustees may report to the district
4-45 court by petition, setting forth that:
4-46 (a) Due notice has been given of the time and place of attendance or
4-47 testimony of the witness or the production of materials;
4-48 (b) The witness has been subpoenaed by the board of trustees
4-49 pursuant to this section; and
5-1 (c) The witness has failed or refused to attend, testify or produce
5-2 materials before the board of trustees as required by the subpoena, or has
5-3 refused to answer questions propounded to him,
5-4 and asking for an order of the court compelling the witness to attend,
5-5 testify or produce materials before the board of trustees.
5-6 4. Upon receipt of such a petition, the court shall enter an order
5-7 directing the witness to appear before the court at a time and place to be
5-8 fixed by the court in its order, the time to be not more than 10 days after
5-9 the date of the order, and then and there show cause why he has not
5-10 attended, testified or produced materials before the board of trustees. A
5-11 certified copy of the order must be served upon the witness.
5-12 5. If it appears to the court that the subpoena was regularly issued by
5-13 the board of trustees, the court shall enter an order that the witness
5-14 appear before the board of trustees at a time and place fixed in the order
5-15 and testify or produce materials, and that upon failure to obey the order
5-16 the witness must be dealt with as for contempt of court.
5-17 Sec. 6. If the department enters into a contract with a person or
5-18 entity to score the results of an examination that is administered to pupils
5-19 pursuant to NRS 389.015 or 389.550 and the contract sets forth penalties
5-20 or sanctions in the event that the person or entity fails to deliver the
5-21 scored results to a school district or charter school on a timely basis, the
5-22 department shall ensure that any such penalties or sanctions are fully
5-23 enforced.
5-24 Sec. 7. NRS 389.015 is hereby amended to read as follows:
5-25 389.015 1. The board of trustees of each school district shall
5-26 administer examinations in all public schools of the school district. The
5-27 governing body of a charter school shall administer the same examinations
5-28 in the charter school. The examinations administered by the board of
5-29 trustees and governing body must determine the achievement and
5-30 proficiency of pupils in:
5-31 (a) Reading;
5-32 (b) Writing;
5-33 (c) Mathematics; and
5-34 (d) Science.
5-35 2. The examinations required by subsection 1 must be:
5-36 (a) Administered before the completion of grades 4, 8, 10 and 11.
5-37 (b) Administered in each school district and each charter school at the
5-38 same time. The time for the administration of the examinations must be
5-39 prescribed by the state board.
5-40 (c) Administered in each school in accordance with uniform procedures
5-41 adopted by the state board. The department shall monitor the compliance of
5-42 school districts and individual schools with the uniform procedures.
5-43 (d) Administered in each school in accordance with the plan adopted
5-44 pursuant to section 2 of this act by the department and with the plan
5-45 adopted pursuant to section 4 of this act by the board of trustees of the
5-46 school district in which the examinations are administered. The
5-47 department shall monitor the compliance of school districts and
5-48 individual schools with:
5-49 (1) The plan adopted by the department; and
6-1 (2) The plan adopted by the board of trustees of the applicable
6-2 school district, to the extent that the plan adopted by the board of trustees
6-3 of the school district is consistent with the plan adopted by the
6-4 department.
6-5 (e) Scored by the department or a single private entity that has
6-6 contracted with the state board to score the examinations. If a private entity
6-7 scores the examinations, it shall report the results of the examinations in
6-8 the form and by the date required by the department.
6-9 3. Not more than 14 working days after the results of the examinations
6-10 are reported to the department by a private entity that scored the
6-11 examinations or the department completes the scoring of the examinations,
6-12 the superintendent of public instruction shall certify that the results of the
6-13 examinations have been transmitted to each school district and each charter
6-14 school. Not more than 10 working days after a school district receives the
6-15 results of the examinations, the superintendent of schools of each school
6-16 district shall certify that the results of the examinations have been
6-17 transmitted to each school within the school district. Except as otherwise
6-18 provided in this subsection, not more than 15 working days after each
6-19 school receives the results of the examinations, the principal of each school
6-20 and the governing body of each charter school shall certify that the results
6-21 for each pupil have been provided to the parent or legal guardian of the
6-22 pupil:
6-23 (a) During a conference between the teacher of the pupil or
6-24 administrator of the school and the parent or legal guardian of the pupil; or
6-25 (b) By mailing the results of the examinations to the last known address
6-26 of the parent or legal guardian of the pupil.
6-27 If a pupil fails the high school proficiency examination, the school shall
6-28 notify the pupil and the parents or legal guardian of the pupil as soon as
6-29 practicable but not later than 15 working days after the school receives the
6-30 results of the examination.
6-31 4. Different standards of proficiency may be adopted for pupils with
6-32 diagnosed learning disabilities. If a pupil with a disability is unable to take
6-33 an examination created by a private entity under regular testing conditions
6-34 or with modifications and accommodations that are approved by the private
6-35 entity, the pupil may take the examination with modifications and
6-36 accommodations that are approved by the state board pursuant to
6-37 subsection 8. If a pupil with a disability is unable to take an examination
6-38 created by the department under regular testing conditions or with
6-39 modifications and accommodations that are approved by the department,
6-40 the pupil may take the examination with modifications and
6-41 accommodations that are approved by the state board pursuant to
6-42 subsection 8. The results of an examination that is taken under conditions
6-43 that are not approved by a private entity or the department, as applicable,
6-44 must not be reported pursuant to subsection 2 of NRS 389.017. If different
6-45 standards of proficiency are adopted or other modifications or
6-46 accommodations are made in the administration of the examinations for a
6-47 pupil who is enrolled in a program of special education pursuant to NRS
6-48 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the
6-49 different standards adopted or other modifications or accommodations
7-1 must be set forth in the pupil’s program of special education developed in
7-2 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.
7-3 §§ 1400 et seq., and the standards prescribed by the state board. During the
7-4 administration of the high school proficiency examination, a pupil with a
7-5 disability may be given additional time to complete the examination if the
7-6 additional time is a modification or accommodation that is approved in the
7-7 pupil’s program of special education developed in accordance with the
7-8 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7-9 5. If a pupil fails to demonstrate at least adequate achievement on the
7-10 examination administered before the completion of grade 4, 8 or 10, he
7-11 may be promoted to the next higher grade, but the results of his
7-12 examination must be evaluated to determine what remedial study is
7-13 appropriate. If such a pupil is enrolled at a school that has been designated
7-14 as demonstrating need for improvement pursuant to NRS 385.367 , the
7-15 pupil must, in accordance with the requirements set forth in this subsection,
7-16 complete remedial study that is determined to be appropriate for the pupil.
7-17 6. If a pupil fails to pass the proficiency examination administered
7-18 before the completion of grade 11, he must not be graduated until he is
7-19 able, through remedial study, to pass the proficiency examination, but he
7-20 may be given a certificate of attendance, in place of a diploma, if he has
7-21 reached the age of 17 years.
7-22 7. The state board shall prescribe standard examinations of
7-23 achievement and proficiency to be administered pursuant to subsection 1.
7-24 The examinations on reading, mathematics and science prescribed for
7-25 grades 4, 8 and 10 must be selected from examinations created by private
7-26 entities and administered to a national reference group, and must allow for
7-27 a comparison of the achievement and proficiency of pupils in grades 4, 8
7-28 and 10 in this state to that of a national reference group of pupils in grades
7-29 4, 8 and 10. The questions contained in the examinations and the approved
7-30 answers used for grading them are confidential, and disclosure is unlawful
7-31 except:
7-32 (a) To the extent necessary for administering and evaluating the
7-33 examinations.
7-34 (b) That a disclosure may be made to a:
7-35 (1) State officer who is a member of the executive or legislative
7-36 branch to the extent that it is necessary for the performance of his duties;
7-37 (2) Superintendent of schools of a school district to the extent that it
7-38 is necessary for the performance of his duties;
7-39 (3) Director of curriculum of a school district to the extent that it is
7-40 necessary for the performance of his duties; and
7-41 (4) Director of testing of a school district to the extent that it is
7-42 necessary for the performance of his duties.
7-43 (c) That specific questions and answers may be disclosed if the
7-44 superintendent of public instruction determines that the content of the
7-45 questions and answers is not being used in a current examination and
7-46 making the content available to the public poses no threat to the security of
7-47 the current examination process.
7-48 8. The state board shall prescribe, in accordance with the Individuals
7-49 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the
8-1 modifications and accommodations that may be used in the administration
8-2 of an examination to a pupil with a disability who is unable to take the
8-3 examination under regular testing conditions or with modifications and
8-4 accommodations that are approved by the private entity that created the
8-5 examination or, if the department created the examination, by the
8-6 department. These regulations may include, without limitation, authorizing
8-7 a pupil to complete an examination with additional time.
8-8 Sec. 8. NRS 389.550 is hereby amended to read as follows:
8-9 389.550 1. The state board shall, in consultation with the council,
8-10 prescribe examinations that measure the achievement and proficiency of
8-11 pupils in selected grades in the standards of content established by the
8-12 council that are in addition to the examinations administered pursuant to
8-13 NRS 389.015. The state board shall, based upon the recommendations of
8-14 the council, select the grade levels of pupils that are required to take the
8-15 examinations and the standards that the examinations must measure.
8-16 2. The board of trustees of each school district and the governing body
8-17 of each charter school shall administer the examinations prescribed by the
8-18 state board. The examinations must be:
8-19 (a) Administered to pupils in each school district and each charter
8-20 school at the same time, as prescribed by the state board.
8-21 (b) Administered in each school in accordance with uniform procedures
8-22 adopted by the state board. The department shall monitor the school
8-23 districts and individual schools to ensure compliance with the uniform
8-24 procedures.
8-25 (c) Administered in each school in accordance with the plan adopted
8-26 pursuant to section 2 of this act by the department and with the plan
8-27 adopted pursuant to section 4 of this act by the board of trustees of the
8-28 school district in which the examinations are administered. The
8-29 department shall monitor the compliance of school districts and
8-30 individual schools with:
8-31 (1) The plan adopted by the department; and
8-32 (2) The plan adopted by the board of trustees of the applicable
8-33 school district, to the extent that the plan adopted by the board of trustees
8-34 of the school district is consistent with the plan adopted by the
8-35 department.
8-36 Sec. 9. Chapter 391 of NRS is hereby amended by adding thereto the
8-37 provisions set forth as sections 10 to 22, inclusive, of this act.
8-38 Sec. 10. As used in sections 10 to 22, inclusive, of this act, unless the
8-39 context otherwise requires, the words and terms defined in sections 11 to
8-40 15, inclusive, of this act have the meanings ascribed to them in those
8-41 sections.
8-42 Sec. 11. “Examination” means:
8-43 1. Achievement and proficiency examinations that are administered
8-44 to pupils pursuant to NRS 389.015 or 389.550; and
8-45 2. Any other examinations which measure the achievement and
8-46 proficiency of pupils and which are administered to pupils on a district-
8-47 wide basis.
9-1 Sec. 12. “Irregularity in testing administration” means the failure to
9-2 administer an examination in the manner intended by the person or
9-3 entity that created the examination.
9-4 Sec. 13. “Irregularity in testing security” means an act or omission
9-5 that tends to corrupt or impair the security of an examination, including,
9-6 without limitation:
9-7 1. The failure to comply with security procedures adopted pursuant
9-8 to section 2 or 4 of this act;
9-9 2. The disclosure of questions or answers to questions on an
9-10 examination in a manner not otherwise approved by law; and
9-11 3. Other breaches in the security or confidentiality of the questions
9-12 or answers to questions on an examination.
9-13 Sec. 14. “Reprisal or retaliatory action” includes, without limitation:
9-14 1. Frequent or undesirable changes in the location of an office;
9-15 2. Frequent or undesirable transfers or reassignments;
9-16 3. The issuance of letters of reprimand or evaluations of poor
9-17 performance;
9-18 4. A demotion;
9-19 5. A reduction in pay;
9-20 6. The denial of a promotion;
9-21 7. A suspension;
9-22 8. A dismissal;
9-23 9. A transfer; or
9-24 10. Frequent changes in working hours or workdays,
9-25 if such action is taken, in whole or in part, because the school official
9-26 disclosed information concerning irregularities in testing administration
9-27 or testing security.
9-28 Sec. 15. “School official” means:
9-29 1. A member of a board of trustees of a school district;
9-30 2. A member of a governing body of a charter school; or
9-31 3. A licensed or unlicensed person employed by the board of trustees
9-32 of a school district or the governing body of a charter school.
9-33 Sec. 16. It is hereby declared to be the policy of this state that a
9-34 school official is encouraged to disclose, to the extent not expressly
9-35 prohibited by law, irregularities in testing administration and testing
9-36 security, and it is the intent of the legislature to protect the rights of a
9-37 school official who makes such a disclosure.
9-38 Sec. 17. 1. A school official shall not directly or indirectly use or
9-39 attempt to use his official authority or influence to intimidate, threaten,
9-40 coerce, command, influence or attempt to intimidate, threaten, coerce,
9-41 command or influence another school official in an effort to interfere
9-42 with or prevent the disclosure of information concerning irregularities in
9-43 testing administration or testing security.
9-44 2. As used in this section, “official authority or influence” includes
9-45 taking, directing others to take, recommending, processing or approving
9-46 any personnel action such as an appointment, promotion, transfer,
9-47 assignment, reassignment, reinstatement, restoration, reemployment,
9-48 evaluation or other disciplinary action.
10-1 Sec. 18. 1. If any reprisal or retaliatory action is taken against a
10-2 school official who discloses information concerning irregularities in
10-3 testing administration or testing security within 2 years after the
10-4 information is disclosed, the school official may file a written appeal with
10-5 the state board for a hearing on the matter and determination of whether
10-6 the action taken was a reprisal or retaliatory action. The written appeal
10-7 must be accompanied by a statement that sets forth with particularity:
10-8 (a) The facts and circumstances pursuant to which the disclosure of
10-9 information concerning irregularities in testing administration or testing
10-10 security was made; and
10-11 (b) The reprisal or retaliatory action that is alleged to have been taken
10-12 against the school official.
10-13 The hearing must be conducted in accordance with the rules of
10-14 procedure adopted by the state board pursuant to subsection 4.
10-15 2. If the state board determines that the action taken was a reprisal
10-16 or retaliatory action, it may issue an order directing the proper person to
10-17 desist and refrain from engaging in such action.
10-18 3. The state board may not rule against the school official based on
10-19 the identity of the person or persons to whom the information concerning
10-20 irregularities in testing administration or testing security was disclosed.
10-21 4. The state board shall adopt rules of procedure for conducting a
10-22 hearing pursuant to this section.
10-23 Sec. 19. 1. During any stage of an investigation or hearing
10-24 concerning allegations of reprisal or retaliatory action, the state board
10-25 may issue a subpoena to compel the attendance or testimony of a witness
10-26 or the production of any relevant materials, including, but not limited to,
10-27 books, papers, documents, records, photographs, recordings, reports and
10-28 tangible objects.
10-29 2. If a witness refuses to attend, testify or produce materials as
10-30 required by the subpoena, the state board may report to the district court
10-31 by petition, setting forth that:
10-32 (a) Due notice has been given of the time and place of attendance or
10-33 testimony of the witness or the production of materials;
10-34 (b) The witness has been subpoenaed by the state board pursuant to
10-35 this section; and
10-36 (c) The witness has failed or refused to attend, testify or produce
10-37 materials as required by the subpoena before the state board, or has
10-38 refused to answer questions propounded to him,
10-39 and asking for an order of the court compelling the witness to attend,
10-40 testify or produce materials before the state board.
10-41 3. Upon receipt of such a petition, the court shall enter an order
10-42 directing the witness to appear before the court at a time and place to be
10-43 fixed by the court in its order, the time to be not more than 10 days after
10-44 the date of the order, and then and there show cause why he has not
10-45 attended, testified or produced materials before the state board. A
10-46 certified copy of the order must be served upon the witness.
10-47 4. If it appears to the court that the subpoena was regularly issued by
10-48 the state board, the court shall enter an order that the witness appear
10-49 before the state board at a time and place fixed in the order and testify or
11-1 produce materials, and that upon failure to obey the order the witness
11-2 must be dealt with as for contempt of court.
11-3 Sec. 20. 1. No school official may use the provisions of sections 10
11-4 to 22, inclusive, of this act to harass another school official.
11-5 2. A person who willfully discloses untruthful information
11-6 concerning irregularities in testing administration or testing security:
11-7 (a) Is guilty of a misdemeanor; and
11-8 (b) Is subject to appropriate disciplinary action.
11-9 Sec. 21. Each year, the department shall provide to the board of
11-10 trustees of each school district and to the governing body of each charter
11-11 school a written summary of sections 10 to 22, inclusive, of this act.
11-12 Upon receipt of the written summary, the board of trustees or governing
11-13 body, as appropriate, shall provide a copy of the written summary to all
11-14 other school officials within the school district or charter school.
11-15 Sec. 22. Except as otherwise provided in section 20 of this act, the
11-16 provisions of sections 10 to 22, inclusive, of this act are intended to be
11-17 directory and preventive rather than punitive. The provisions of sections
11-18 10 to 22, inclusive, of this act do not abrogate or decrease the effect of
11-19 any of the provisions of NRS that define crimes or prescribe punishments
11-20 with respect to the conduct of school officials.
11-21 Sec. 23. NRS 391.312 is hereby amended to read as follows:
11-22 391.312 1. A teacher may be suspended, dismissed or not
11-23 reemployed and an administrator may be demoted, suspended, dismissed or
11-24 not reemployed for the following reasons:
11-25 (a) Inefficiency;
11-26 (b) Immorality;
11-27 (c) Unprofessional conduct;
11-28 (d) Insubordination;
11-29 (e) Neglect of duty;
11-30 (f) Physical or mental incapacity;
11-31 (g) A justifiable decrease in the number of positions due to decreased
11-32 enrollment or district reorganization;
11-33 (h) Conviction of a felony or of a crime involving moral turpitude;
11-34 (i) Inadequate performance;
11-35 (j) Evident unfitness for service;
11-36 (k) Failure to comply with such reasonable requirements as a board may
11-37 prescribe;
11-38 (l) Failure to show normal improvement and evidence of professional
11-39 training and growth;
11-40 (m) Advocating overthrow of the Government of the United States or of
11-41 the State of Nevada by force, violence or other unlawful means, or the
11-42 advocating or teaching of communism with the intent to indoctrinate pupils
11-43 to subscribe to communistic philosophy;
11-44 (n) Any cause which constitutes grounds for the revocation of a
11-45 teacher’s license;
11-46 (o) Willful neglect or failure to observe and carry out the requirements
11-47 of this Title;
11-48 (p) Dishonesty;
12-1 (q) Breaches in the security or confidentiality of the questions and
12-2 answers of the achievement and proficiency examinations that are
12-3 administered pursuant to NRS 389.015; [or]
12-4 (r) Willful neglect or failure to observe and carry out the requirements
12-5 of a plan to ensure the security of examinations adopted pursuant to
12-6 section 2 or 4 of this act; or
12-7 (s) An intentional violation of NRS 388.5265 or 388.527.
12-8 2. In determining whether the professional performance of a licensed
12-9 employee is inadequate, consideration must be given to the regular and
12-10 special evaluation reports prepared in accordance with the policy of the
12-11 employing school district and to any written standards of performance
12-12 which may have been adopted by the board.
12-13 Sec. 24. NRS 391.330 is hereby amended to read as follows:
12-14 391.330 The state board may suspend or revoke the license of any
12-15 teacher, administrator or other licensed employee, after notice and an
12-16 opportunity for hearing have been provided pursuant to NRS 391.322 and
12-17 391.323, for:
12-18 1. Immoral or unprofessional conduct.
12-19 2. Evident unfitness for service.
12-20 3. Physical or mental incapacity which renders the teacher,
12-21 administrator or other licensed employee unfit for service.
12-22 4. Conviction of a felony or crime involving moral turpitude.
12-23 5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190,
12-24 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a
12-25 county school district was the victim.
12-26 6. Knowingly advocating the overthrow of the Federal Government or
12-27 of the State of Nevada by force, violence or unlawful means.
12-28 7. Persistent defiance of or refusal to obey the regulations of the state
12-29 board, the commission or the superintendent of public instruction, defining
12-30 and governing the duties of teachers, administrators and other licensed
12-31 employees.
12-32 8. Breaches in the security or confidentiality of the questions and
12-33 answers of the achievement and proficiency examinations that are
12-34 administered pursuant to NRS 389.015.
12-35 9. Willful neglect or failure to observe and carry out the
12-36 requirements of a plan to ensure the security of examinations adopted
12-37 pursuant to section 2 or 4 of this act.
12-38 10. An intentional violation of NRS 388.5265 or 388.527.
12-39 Sec. 25. 1. The department shall adopt a plan in accordance with the
12-40 provisions of section 2 of this act on or before August 15, 2001.
12-41 2. The board of trustees of each school district in this state shall adopt
12-42 a plan in accordance with the provisions of section 4 of this act on or
12-43 before September 15, 2001.
12-44 3. Upon the adoption of each initial plan, the plan must be submitted
12-45 as soon as practicable to the state board of education and the legislative
12-46 committee on education.
12-47 Sec. 26. 1. The provisions of section 20 of this act do not apply to
12-48 offenses committed before July 1, 2001.
13-1 2. The amendatory provisions of sections 23 and 24 of this act do not
13-2 apply to acts committed before July 1, 2001.
13-3 Sec. 27. 1. This section and section 25 of this act become effective
13-4 upon passage and approval.
13-5 2. Sections 2 and 4 of this act become effective upon passage and
13-6 approval for the purpose of adopting a plan and on July 1, 2001, for all
13-7 other purposes.
13-8 3. Sections 1, 3, 5 to 24, inclusive, and 26 of this act become effective
13-9 on July 1, 2001.
13-10 H