(REPRINTED WITH ADOPTED AMENDMENTS)
SECOND REPRINT 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.
~
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; requiring the department to establish certain additional procedures and programs relating to the examinations; requiring certain schools to provide for additional administration of the examinations under certain circumstances; 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 intentionally 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 1.2 to 6, inclusive, of this act.
1-3 Sec. 1.2. As used in sections 1.2 to 5.9, inclusive, of this act, unless
1-4 the context otherwise requires, the words and terms defined in sections 1.4,
1-5 1.6 and 1.8 of this act have the meanings ascribed to them in those
1-6 sections.
1-7 Sec. 1.4. “Irregularity in testing administration” means the failure
1-8 to administer an examination to pupils pursuant to NRS 389.015 or
1-9 389.550 in the manner intended by the person or entity that created the
1-10 examination.
1-11 Sec. 1.6. “Irregularity in testing security” means an act or omission
1-12 that tends to corrupt or impair the security of an examination
2-1 administered to pupils pursuant to NRS 389.015 or 389.550, including,
2-2 without limitation:
2-3 1. The failure to comply with security procedures adopted pursuant
2-4 to section 2 or 4 of this act;
2-5 2. The disclosure of questions or answers to questions on an
2-6 examination in a manner not otherwise approved by law; and
2-7 3. Other breaches in the security or confidentiality of the questions
2-8 or answers to questions on an examination.
2-9 Sec. 1.8. “School official” means:
2-10 1. A member of a board of trustees of a school district;
2-11 2. A member of a governing body of a charter school; or
2-12 3. A licensed or unlicensed person employed by the board of trustees
2-13 of a school district or the governing body of a charter school.
2-14 Sec. 2. 1. The department shall, by regulation or otherwise, adopt
2-15 and enforce a plan setting forth procedures to ensure the security of
2-16 examinations that are administered to pupils pursuant to NRS 389.015
2-17 and 389.550.
2-18 2. A plan adopted pursuant to subsection 1 must include, without
2-19 limitation:
2-20 (a) Procedures pursuant to which pupils, school officials and other
2-21 persons may, and are encouraged to, report irregularities in testing
2-22 administration and testing security.
2-23 (b) Procedures necessary to ensure the security of test materials and
2-24 the consistency of testing administration.
2-25 (c) Procedures that specifically set forth the action that must be taken
2-26 in response to a report of an irregularity in testing administration or
2-27 testing security and the actions that must be taken during an
2-28 investigation of such an irregularity. For each action that is required, the
2-29 procedures must identify:
2-30 (1) By category, the employees of the school district, charter school
2-31 or department, or any combination thereof, who are responsible for
2-32 taking the action; and
2-33 (2) Whether the school district, charter school or department, or
2-34 any combination thereof, is responsible for ensuring that the action is
2-35 carried out successfully.
2-36 (d) Objective criteria that set forth the conditions under which a
2-37 school, including, without limitation, a charter school or a school
2-38 district, or both, is required to file a plan for corrective action in response
2-39 to an irregularity in testing administration or testing security for the
2-40 purposes of section 5.3 of this act.
2-41 3. A copy of the plan adopted pursuant to this section and the
2-42 procedures set forth therein must be submitted on or before September 1
2-43 of each year to:
2-44 (a) The state board; and
2-45 (b) The legislative committee on education, created pursuant to NRS
2-46 218.5352.
2-47 Sec. 3. 1. If the department:
2-48 (a) Has reason to believe that a violation of the plan adopted pursuant
2-49 to section 2 of this act may have occurred;
3-1 (b) Has reason to believe that a violation of the plan adopted pursuant
3-2 to section 4 of this act may have occurred with respect to an examination
3-3 that is administered pursuant to NRS 389.015 or 389.550; or
3-4 (c) Receives a request pursuant to subparagraph (2) of paragraph (b)
3-5 of subsection 1 of section 5 of this act to investigate a potential violation
3-6 of the plan adopted pursuant to section 4 of this act with respect to an
3-7 examination that is administered pursuant to NRS 389.015 or
3-8 389.550,
3-9 the department shall investigate the matter as it deems appropriate.
3-10 2. If the department investigates a matter pursuant to subsection 1,
3-11 the department may issue a subpoena to compel the attendance or
3-12 testimony of a witness or the production of any relevant materials,
3-13 including, without limitation, books, papers, documents, records,
3-14 photographs, recordings, reports and tangible objects.
3-15 3. If a witness refuses to attend, testify or produce materials as
3-16 required by the subpoena, the department may report to the district court
3-17 by petition, setting forth that:
3-18 (a) Due notice has been given of the time and place of attendance or
3-19 testimony of the witness or the production of materials;
3-20 (b) The witness has been subpoenaed by the department pursuant to
3-21 this section; and
3-22 (c) The witness has failed or refused to attend, testify or produce
3-23 materials before the department as required by the subpoena, or has
3-24 refused to answer questions propounded to him,
3-25 and asking for an order of the court compelling the witness to attend,
3-26 testify or produce materials before the department.
3-27 4. Upon receipt of such a petition, the court shall enter an order
3-28 directing the witness to appear before the court at a time and place to be
3-29 fixed by the court in its order, the time to be not more than 10 days after
3-30 the date of the order, and then and there show cause why he has not
3-31 attended, testified or produced materials before the department. A
3-32 certified copy of the order must be served upon the witness.
3-33 5. If it appears to the court that the subpoena was regularly issued by
3-34 the department, the court shall enter an order that the witness appear
3-35 before the department at a time and place fixed in the order and testify or
3-36 produce materials, and that upon failure to obey the order the witness
3-37 must be dealt with as for contempt of court.
3-38 Sec. 4. 1. The board of trustees of each school district shall, for
3-39 each public school in the district, including, without limitation, charter
3-40 schools, adopt and enforce a plan setting forth procedures to ensure the
3-41 security of examinations.
3-42 2. A plan adopted pursuant to subsection 1 must include, without
3-43 limitation:
3-44 (a) Procedures pursuant to which pupils, school officials and other
3-45 persons may, and are encouraged to, report irregularities in testing
3-46 administration and testing security.
3-47 (b) Procedures necessary to ensure the security of test materials and
3-48 the consistency of testing administration.
4-1 (c) With respect to secondary schools, procedures pursuant to which
4-2 the school district or charter school, as appropriate, will verify the
4-3 identity of pupils taking an examination.
4-4 (d) Procedures that specifically set forth the action that must be taken
4-5 in response to a report of an irregularity in testing administration or
4-6 testing security and the action that must be taken during an investigation
4-7 of such an irregularity. For each action that is required, the procedures
4-8 must identify, by category, the employees of the school district or charter
4-9 school who are responsible for taking the action and for ensuring that
4-10 the action is carried out successfully.
4-11 The procedures adopted pursuant to this subsection must be consistent,
4-12 to the extent applicable, with the procedures adopted by the department
4-13 pursuant to section 2 of this act.
4-14 3. A copy of each plan adopted pursuant to this section and the
4-15 procedures set forth therein must be submitted on or before September 1
4-16 of each year to:
4-17 (a) The state board; and
4-18 (b) The legislative committee on education, created pursuant to NRS
4-19 218.5352.
4-20 4. On or before September 30 of each school year, the board of
4-21 trustees of each school district and the governing body of each charter
4-22 school shall provide a written notice regarding the examinations to all
4-23 teachers and educational personnel employed by the school district or
4-24 governing body, all personnel employed by the school district or
4-25 governing body who are involved in the administration of the
4-26 examinations, all pupils who are required to take the examinations and
4-27 all parents and legal guardians of such pupils. The written notice must
4-28 be prepared in a format that is easily understood and must include,
4-29 without limitation, a description of the:
4-30 (a) Plan adopted pursuant to this section; and
4-31 (b) Action that may be taken against personnel and pupils for
4-32 violations of the plan or for other irregularities in testing administration
4-33 or testing security.
4-34 5. As used in this section:
4-35 (a) “Examination” means:
4-36 (1) Achievement and proficiency examinations that are
4-37 administered to pupils pursuant to NRS 389.015 or 389.550; and
4-38 (2) Any other examinations which measure the achievement and
4-39 proficiency of pupils and which are administered to pupils on a district-
4-40 wide basis.
4-41 (b) “Irregularity in testing administration” means the failure to
4-42 administer an examination in the manner intended by the person or
4-43 entity that created the examination.
4-44 (c) “Irregularity in testing security” means an act or omission that
4-45 tends to corrupt or impair the security of an examination, including,
4-46 without limitation:
4-47 (1) The failure to comply with security procedures adopted
4-48 pursuant to section 2 or 4 of this act;
5-1 (2) The disclosure of questions or answers to questions on an
5-2 examination in a manner not otherwise approved by law; and
5-3 (3) Other breaches in the security or confidentiality of the questions
5-4 or answers to questions on an examination.
5-5 Sec. 5. 1. If a school official has reason to believe that a violation
5-6 of the plan adopted pursuant to section 4 of this act may have occurred,
5-7 the school official shall immediately report the incident to the board of
5-8 trustees of the school district. If the board of trustees of a school district
5-9 has reason to believe that a violation of the plan adopted pursuant to
5-10 section 4 of this act may have occurred, the board of trustees shall:
5-11 (a) If the violation is with respect to an examination administered
5-12 pursuant to NRS 389.015 or 389.550, immediately report the incident to
5-13 the department orally or in writing followed by a comprehensive written
5-14 report within 14 school days after the incident occurred; and
5-15 (b) Cause to be commenced an investigation of the incident. The
5-16 board of trustees may carry out the requirements of this paragraph by:
5-17 (1) Investigating the incident as it deems appropriate, including,
5-18 without limitation, using the powers of subpoena set forth in this section.
5-19 (2) With respect to an examination that is administered pursuant to
5-20 NRS 389.015 or 389.550, requesting that the department investigate the
5-21 incident pursuant to section 3 of this act.
5-22 The fact that a board of trustees elects initially to carry out its own
5-23 investigation pursuant to subparagraph (1) of paragraph (b) does not
5-24 affect the ability of the board of trustees to request, at any time, that the
5-25 department investigate the incident as authorized pursuant to
5-26 subparagraph (2) of paragraph (b).
5-27 2. Except as otherwise provided in this subsection, if the board of
5-28 trustees of a school district proceeds in accordance with subparagraph
5-29 (1) of paragraph (b) of subsection 1, the board of trustees may issue a
5-30 subpoena to compel the attendance or testimony of a witness or the
5-31 production of any relevant materials, including, without limitation,
5-32 books, papers, documents, records, photographs, recordings, reports and
5-33 tangible objects. A board of trustees shall not issue a subpoena to compel
5-34 the attendance or testimony of a witness or the production of materials
5-35 unless the attendance, testimony or production sought to be compelled is
5-36 related directly to a violation or an alleged violation of the plan adopted
5-37 pursuant to section 4 of this act.
5-38 3. If a witness refuses to attend, testify or produce materials as
5-39 required by the subpoena, the board of trustees may report to the district
5-40 court by petition, setting forth that:
5-41 (a) Due notice has been given of the time and place of attendance or
5-42 testimony of the witness or the production of materials;
5-43 (b) The witness has been subpoenaed by the board of trustees
5-44 pursuant to this section; and
5-45 (c) The witness has failed or refused to attend, testify or produce
5-46 materials before the board of trustees as required by the subpoena, or has
5-47 refused to answer questions propounded to him,
5-48 and asking for an order of the court compelling the witness to attend,
5-49 testify or produce materials before the board of trustees.
6-1 4. Upon receipt of such a petition, the court shall enter an order
6-2 directing the witness to appear before the court at a time and place to be
6-3 fixed by the court in its order, the time to be not more than 10 days after
6-4 the date of the order, and then and there show cause why he has not
6-5 attended, testified or produced materials before the board of trustees. A
6-6 certified copy of the order must be served upon the witness.
6-7 5. If it appears to the court that the subpoena was regularly issued by
6-8 the board of trustees, the court shall enter an order that the witness
6-9 appear before the board of trustees at a time and place fixed in the order
6-10 and testify or produce materials, and that upon failure to obey the order
6-11 the witness must be dealt with as for contempt of court.
6-12 Sec. 5.1. 1. Except as otherwise provided in subsection 8, if the
6-13 department determines:
6-14 (a) That at least one irregularity in testing administration occurred at
6-15 a school, including, without limitation, a charter school, during 1 school
6-16 year on the examinations administered pursuant to NRS 389.015,
6-17 excluding the high school proficiency examination;
6-18 (b) That in the immediately succeeding school year, at least one
6-19 additional irregularity in testing administration occurred at that school
6-20 on the examinations administered pursuant to NRS 389.015, excluding
6-21 the high school proficiency examination; and
6-22 (c) Based upon the criteria set forth in subsection 5, that the
6-23 irregularities described in paragraphs (a) and (b) warrant an additional
6-24 administration of the examinations,
6-25 the department shall notify the school and the school district in which the
6-26 school is located that the school is required to provide for an additional
6-27 administration of the examinations to pupils who are enrolled in a grade
6-28 that is required to take the examinations pursuant to NRS 389.015,
6-29 excluding the high school proficiency examination, or to the pupils the
6-30 department determines must take the additional administration pursuant
6-31 to subsection 6. The additional administration must occur in the same
6-32 school year in which the irregularity described in paragraph (b)
6-33 occurred. The school district shall pay for all costs related to the
6-34 administration of examinations pursuant to this subsection.
6-35 2. If the department determines that:
6-36 (a) At least one irregularity in testing administration occurred at a
6-37 school, including, without limitation, a charter school, during 1 school
6-38 year on the examinations administered pursuant to NRS 389.550;
6-39 (b) In the immediately succeeding school year, at least one additional
6-40 irregularity in testing administration occurred at that school on the
6-41 examinations administered pursuant to NRS 389.550; and
6-42 (c) Based upon the criteria set forth in subsection 5, that the
6-43 irregularities described in paragraphs (a) and (b) warrant an additional
6-44 administration of the examinations,
6-45 the department shall notify the school and the school district in which the
6-46 school is located that the school is required to provide for an additional
6-47 administration of the examinations to pupils who are enrolled in a grade
6-48 that is required to take the examinations pursuant to NRS 389.550 or to
6-49 the pupils the department determines must take the additional
7-1 administration pursuant to subsection 6. The additional administration
7-2 must occur in the same school year in which the irregularity described in
7-3 paragraph (b) occurred. The school district shall pay for all costs related
7-4 to the administration of examinations pursuant to this subsection.
7-5 3. If the department determines that:
7-6 (a) At least one irregularity in testing administration occurred at a
7-7 school, including, without limitation, a charter school, during 1 school
7-8 year on the examinations administered pursuant to NRS 389.015,
7-9 excluding the high school proficiency examination;
7-10 (b) In the immediately succeeding school year, at least one additional
7-11 irregularity in testing administration occurred at that school on the
7-12 examinations administered pursuant to NRS 389.550; and
7-13 (c) Based upon the criteria set forth in subsection 5, that the
7-14 irregularities described in paragraphs (a) and (b) warrant an additional
7-15 administration of the examinations,
7-16 the department shall notify the school and the school district in which the
7-17 school is located that the school is required to provide for an additional
7-18 administration of the examinations to pupils who are enrolled in a grade
7-19 that is required to take the examinations pursuant to NRS 389.550 or to
7-20 the pupils the department determines must take the additional
7-21 administration pursuant to subsection 6. The additional administration
7-22 must occur in the same school year in which the irregularity described in
7-23 paragraph (b) occurred. The school district shall pay for all costs related
7-24 to the administration of examinations pursuant to this subsection.
7-25 4. Except as otherwise provided in subsection 8, if the department
7-26 determines that:
7-27 (a) At least one irregularity in testing administration occurred at a
7-28 school, including, without limitation, a charter school, during 1 school
7-29 year on the examinations administered pursuant to NRS 389.550;
7-30 (b) In the immediately succeeding school year, at least one additional
7-31 irregularity in testing administration occurred at that school on the
7-32 examinations administered pursuant to NRS 389.015, excluding the high
7-33 school proficiency examination; and
7-34 (c) Based upon the criteria set forth in subsection 5, that the
7-35 irregularities described in paragraphs (a) and (b) warrant an additional
7-36 administration of the examinations,
7-37 the department shall notify the school and the school district in which the
7-38 school is located that the school is required to provide for an additional
7-39 administration of the examinations to pupils who are enrolled in a grade
7-40 that is required to take the examinations pursuant to NRS 389.015,
7-41 excluding the high school proficiency examination, or to the pupils the
7-42 department determines must take the additional administration pursuant
7-43 to subsection 6. The additional administration must occur in the same
7-44 school year in which the irregularity described in paragraph (b)
7-45 occurred. The school district shall pay for all costs related to the
7-46 administration of examinations pursuant to this subsection.
7-47 5. In determining whether to require a school to provide for an
7-48 additional administration of examinations pursuant to this section, the
7-49 department shall consider:
8-1 (a) The effect of each irregularity in testing administration, including,
8-2 without limitation, whether the irregularity required the scores of pupils
8-3 to be invalidated; and
8-4 (b) Whether sufficient time remains in the school year to provide for
8-5 an additional administration of examinations.
8-6 6. If the department determines pursuant to subsection 5 that a
8-7 school must provide for an additional administration of examinations,
8-8 the department may consider whether the most recent irregularity in
8-9 testing administration affected the test scores of a limited number of
8-10 pupils and require the school to provide an additional administration of
8-11 examinations pursuant to this section only to those pupils whose test
8-12 scores were affected by the most recent irregularity.
8-13 7. The department shall provide as many notices pursuant to this
8-14 section during 1 school year as are applicable to the irregularities
8-15 occurring at a school. A school shall provide for additional
8-16 administrations of examinations pursuant to this section within 1 school
8-17 year as applicable to the irregularities occurring at the school.
8-18 8. If a school is required to provide an additional administration of
8-19 examinations pursuant to subsection 2 of NRS 385.368 for a school year,
8-20 the school is not required to provide for an additional administration
8-21 pursuant to subsection 1 or 4 in that school year. The department shall
8-22 ensure that the information required pursuant to paragraph (b) of
8-23 subsection 3 of section 5.9 of this act is included in its report for the
8-24 additional administration provided by such a school pursuant to
8-25 subsection 2 of NRS 385.368.
8-26 Sec. 5.3. 1. The department shall notify the principal of a school,
8-27 including, without limitation, a charter school, or the board of trustees of
8-28 a school district, as applicable, if the school or the school district is
8-29 required to file a plan for corrective action based upon the objective
8-30 criteria adopted by the department pursuant to paragraph (d) of
8-31 subsection 2 of section 2 of this act. Upon receipt of such notice, the
8-32 school or the school district, as applicable, shall file a plan for corrective
8-33 action with the department within the time prescribed by the department.
8-34 Such a plan must specify the time within which the corrective action will
8-35 be taken. The school or the school district, as applicable, shall commence
8-36 corrective action pursuant to the plan immediately after the date on
8-37 which the plan is filed.
8-38 2. The department shall establish procedures to document and
8-39 monitor whether appropriate corrective action is being taken and
8-40 whether that action is achieving the desired result. Such documentation
8-41 must be maintained and reported in accordance with section 5.9 of this
8-42 act.
8-43 3. The department may require a school or a school district to amend
8-44 its plan for corrective action if the department determines that such
8-45 amendment is necessary to ensure the security of test materials and the
8-46 consistency of testing administration in the school or school district, as
8-47 applicable.
8-48 Sec. 5.5. 1. The department shall establish a statewide program for
8-49 use by schools and school districts in their preparation for the
9-1 examinations that are administered pursuant to NRS 389.015, excluding
9-2 the high school proficiency examination. The program must:
9-3 (a) Be designed to ensure the consistency and uniformity of all
9-4 materials and other information used in the preparation for the
9-5 examinations; and
9-6 (b) Be designed to ensure that the actual examinations administered
9-7 pursuant to NRS 389.015 are not included within the materials and other
9-8 information used for preparation.
9-9 2. If a school, including, without limitation, a charter school, or a
9-10 school district provides preparation for the examinations that are
9-11 administered pursuant to NRS 389.015, excluding the high school
9-12 proficiency examination, the school or school district shall comply with
9-13 the program established pursuant to subsection 1. A school district may
9-14 use and provide additional materials and information if the materials
9-15 and information comply with the program established by the department.
9-16 A school, including, without limitation, a charter school, shall use only
9-17 those materials and information that have been approved or provided by
9-18 the department or the school district.
9-19 Sec. 5.7. 1. The department shall establish a program of education
9-20 and training regarding the administration and security of the
9-21 examinations administered pursuant to NRS 389.015 and 389.550. Upon
9-22 approval of the department, the board of trustees of a school district or
9-23 the governing body of a charter school may establish an expanded
9-24 program of education and training that includes additional education
9-25 and training if the expanded program complies with the program
9-26 established by the department.
9-27 2. The board of trustees of each school district and the governing
9-28 body of each charter school shall ensure that:
9-29 (a) All the teachers and other educational personnel who provide
9-30 instruction to pupils enrolled in a grade level that is required to be tested
9-31 pursuant to NRS 389.015 or 389.550, and all other personnel who are
9-32 involved with the administration of the examinations that are
9-33 administered pursuant to NRS 389.015 or 389.550, receive, on an annual
9-34 basis, the program of education and training established by the
9-35 department or the expanded program, if applicable; and
9-36 (b) The training and education is otherwise available for all personnel
9-37 who are not required to receive the training and education pursuant to
9-38 paragraph (a).
9-39 Sec. 5.9. 1. The department shall establish procedures for the
9-40 uniform documentation and maintenance by the department of
9-41 irregularities in testing administration and testing security reported to the
9-42 department pursuant to section 5 of this act and investigations of such
9-43 irregularities conducted by the department pursuant to section 3 of this
9-44 act. The procedures must include, without limitation:
9-45 (a) A method for assigning a unique identification number to each
9-46 incident of irregularity; and
9-47 (b) A method to ensure that the status of an irregularity is readily
9-48 accessible by the department.
10-1 2. In accordance with the procedures established pursuant to
10-2 subsection 1, the department shall prepare and maintain for each
10-3 irregularity in testing administration and each irregularity in testing
10-4 security, a written summary accompanying the report of the irregularity.
10-5 The written summary must include, without limitation:
10-6 (a) An evaluation of whether the procedures prescribed by the
10-7 department pursuant to paragraph (c) of subsection 2 of section 2 of this
10-8 act were followed in response to the irregularity;
10-9 (b) The corrective action, if any, taken in response to the irregularity
10-10 pursuant to section 5.3 of this act;
10-11 (c) An evaluation of whether the corrective action achieved the
10-12 desired result; and
10-13 (d) The current status and the outcome, if any, of an investigation
10-14 related to the irregularity.
10-15 3. The department shall prepare a written report that includes for
10-16 each school year:
10-17 (a) A summary of each irregularity in testing administration and
10-18 testing security reported to the department pursuant to section 5 of this
10-19 act and each investigation conducted pursuant to section 3 of this act.
10-20 (b) A summary for each school that was required to provide additional
10-21 administration of examinations pursuant to section 5.1 of this act. The
10-22 summary must include, without limitation:
10-23 (1) The identity of the school;
10-24 (2) The type of additional examinations that were administered
10-25 pursuant to section 5.1 of this act;
10-26 (3) The date on which those examinations were administered;
10-27 (4) A comparison of the results of pupils on the:
10-28 (I) Examinations in which an additional irregularity occurred in
10-29 the second school year described in section 5.1 of this act; and
10-30 (II) Additional examinations administered pursuant to section
10-31 5.1 of this act.
10-32 (c) Each written summary prepared by the department pursuant to
10-33 subsection 2.
10-34 (d) The current status of each irregularity that was reported for a
10-35 preceding school year which had not been resolved at the time that the
10-36 preceding report was filed.
10-37 (e) The current status and the outcome, if any, of an investigation
10-38 conducted by the department pursuant to section 3 of this act.
10-39 (f) An analysis of the irregularities and recommendations, if any, to
10-40 improve the security of the examinations and the consistency of testing
10-41 administration.
10-42 4. On or before September 1 of each year, the department shall
10-43 submit the report prepared pursuant to subsection 3 for the immediately
10-44 preceding school year to the legislative committee on education created
10-45 pursuant to NRS 218.5352 and the state board.
10-46 Sec. 6. If the department enters into a contract with a person or
10-47 entity to score the results of an examination that is administered to pupils
10-48 pursuant to NRS 389.015 or 389.550 and the contract sets forth penalties
10-49 or sanctions in the event that the person or entity fails to deliver the
11-1 scored results to a school district or charter school on a timely basis, the
11-2 department shall ensure that any such penalties or sanctions are fully
11-3 enforced.
11-4 Sec. 7. NRS 389.015 is hereby amended to read as follows:
11-5 389.015 1. The board of trustees of each school district shall
11-6 administer examinations in all public schools of the school district. The
11-7 governing body of a charter school shall administer the same examinations
11-8 in the charter school. The examinations administered by the board of
11-9 trustees and governing body must determine the achievement and
11-10 proficiency of pupils in:
11-11 (a) Reading;
11-12 (b) Writing;
11-13 (c) Mathematics; and
11-14 (d) Science.
11-15 2. The examinations required by subsection 1 must be:
11-16 (a) Administered before the completion of grades 4, 8, 10 and 11.
11-17 (b) Administered in each school district and each charter school at the
11-18 same time. The time for the administration of the examinations must be
11-19 prescribed by the state board.
11-20 (c) Administered in each school in accordance with uniform procedures
11-21 adopted by the state board. The department shall monitor the compliance of
11-22 school districts and individual schools with the uniform procedures.
11-23 (d) Administered in each school in accordance with the plan adopted
11-24 pursuant to section 2 of this act by the department and with the plan
11-25 adopted pursuant to section 4 of this act by the board of trustees of the
11-26 school district in which the examinations are administered. The
11-27 department shall monitor the compliance of school districts and
11-28 individual schools with:
11-29 (1) The plan adopted by the department; and
11-30 (2) The plan adopted by the board of trustees of the applicable
11-31 school district, to the extent that the plan adopted by the board of trustees
11-32 of the school district is consistent with the plan adopted by the
11-33 department.
11-34 (e) Scored by the department or a single private entity that has
11-35 contracted with the state board to score the examinations. If a private entity
11-36 scores the examinations, it shall report the results of the examinations in
11-37 the form and by the date required by the department.
11-38 3. Not more than 14 working days after the results of the examinations
11-39 are reported to the department by a private entity that scored the
11-40 examinations or the department completes the scoring of the examinations,
11-41 the superintendent of public instruction shall certify that the results of the
11-42 examinations have been transmitted to each school district and each charter
11-43 school. Not more than 10 working days after a school district receives the
11-44 results of the examinations, the superintendent of schools of each school
11-45 district shall certify that the results of the examinations have been
11-46 transmitted to each school within the school district. Except as otherwise
11-47 provided in this subsection, not more than 15 working days after each
11-48 school receives the results of the examinations, the principal of each school
11-49 and the governing body of each charter school shall certify that the results
12-1 for each pupil have been provided to the parent or legal guardian of the
12-2 pupil:
12-3 (a) During a conference between the teacher of the pupil or
12-4 administrator of the school and the parent or legal guardian of the pupil; or
12-5 (b) By mailing the results of the examinations to the last known address
12-6 of the parent or legal guardian of the pupil.
12-7 If a pupil fails the high school proficiency examination, the school shall
12-8 notify the pupil and the parents or legal guardian of the pupil as soon as
12-9 practicable but not later than 15 working days after the school receives the
12-10 results of the examination.
12-11 4. Different standards of proficiency may be adopted for pupils with
12-12 diagnosed learning disabilities. If a pupil with a disability is unable to take
12-13 an examination created by a private entity under regular testing conditions
12-14 or with modifications and accommodations that are approved by the private
12-15 entity, the pupil may take the examination with modifications and
12-16 accommodations that are approved by the state board pursuant to
12-17 subsection 8. If a pupil with a disability is unable to take an examination
12-18 created by the department under regular testing conditions or with
12-19 modifications and accommodations that are approved by the department,
12-20 the pupil may take the examination with modifications and
12-21 accommodations that are approved by the state board pursuant to
12-22 subsection 8. The results of an examination that is taken under conditions
12-23 that are not approved by a private entity or the department, as applicable,
12-24 must not be reported pursuant to subsection 2 of NRS 389.017. If different
12-25 standards of proficiency are adopted or other modifications or
12-26 accommodations are made in the administration of the examinations for a
12-27 pupil who is enrolled in a program of special education pursuant to NRS
12-28 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the
12-29 different standards adopted or other modifications or accommodations
12-30 must be set forth in the pupil’s program of special education developed in
12-31 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.
12-32 §§ 1400 et seq., and the standards prescribed by the state board. During the
12-33 administration of the high school proficiency examination, a pupil with a
12-34 disability may be given additional time to complete the examination if the
12-35 additional time is a modification or accommodation that is approved in the
12-36 pupil’s program of special education developed in accordance with the
12-37 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
12-38 5. If a pupil fails to demonstrate at least adequate achievement on the
12-39 examination administered before the completion of grade 4, 8 or 10, he
12-40 may be promoted to the next higher grade, but the results of his
12-41 examination must be evaluated to determine what remedial study is
12-42 appropriate. If such a pupil is enrolled at a school that has been designated
12-43 as demonstrating need for improvement pursuant to NRS 385.367 , the
12-44 pupil must, in accordance with the requirements set forth in this subsection,
12-45 complete remedial study that is determined to be appropriate for the pupil.
12-46 6. If a pupil fails to pass the proficiency examination administered
12-47 before the completion of grade 11, he must not be graduated until he is
12-48 able, through remedial study, to pass the proficiency examination, but he
13-1 may be given a certificate of attendance, in place of a diploma, if he has
13-2 reached the age of 17 years.
13-3 7. The state board shall prescribe standard examinations of
13-4 achievement and proficiency to be administered pursuant to subsection 1.
13-5 The examinations on reading, mathematics and science prescribed for
13-6 grades 4, 8 and 10 must be selected from examinations created by private
13-7 entities and administered to a national reference group, and must allow for
13-8 a comparison of the achievement and proficiency of pupils in grades 4, 8
13-9 and 10 in this state to that of a national reference group of pupils in grades
13-10 4, 8 and 10. The questions contained in the examinations and the approved
13-11 answers used for grading them are confidential, and disclosure is unlawful
13-12 except:
13-13 (a) To the extent necessary for administering and evaluating the
13-14 examinations.
13-15 (b) That a disclosure may be made to a:
13-16 (1) State officer who is a member of the executive or legislative
13-17 branch to the extent that it is necessary for the performance of his duties;
13-18 (2) Superintendent of schools of a school district to the extent that it
13-19 is necessary for the performance of his duties;
13-20 (3) Director of curriculum of a school district to the extent that it is
13-21 necessary for the performance of his duties; and
13-22 (4) Director of testing of a school district to the extent that it is
13-23 necessary for the performance of his duties.
13-24 (c) That specific questions and answers may be disclosed if the
13-25 superintendent of public instruction determines that the content of the
13-26 questions and answers is not being used in a current examination and
13-27 making the content available to the public poses no threat to the security of
13-28 the current examination process.
13-29 8. The state board shall prescribe, in accordance with the Individuals
13-30 with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the
13-31 modifications and accommodations that may be used in the administration
13-32 of an examination to a pupil with a disability who is unable to take the
13-33 examination under regular testing conditions or with modifications and
13-34 accommodations that are approved by the private entity that created the
13-35 examination or, if the department created the examination, by the
13-36 department. These regulations may include, without limitation, authorizing
13-37 a pupil to complete an examination with additional time.
13-38 Sec. 8. NRS 389.550 is hereby amended to read as follows:
13-39 389.550 1. The state board shall, in consultation with the council,
13-40 prescribe examinations that measure the achievement and proficiency of
13-41 pupils in selected grades in the standards of content established by the
13-42 council that are in addition to the examinations administered pursuant to
13-43 NRS 389.015. The state board shall, based upon the recommendations of
13-44 the council, select the grade levels of pupils that are required to take the
13-45 examinations and the standards that the examinations must measure.
13-46 2. The board of trustees of each school district and the governing body
13-47 of each charter school shall administer the examinations prescribed by the
13-48 state board. The examinations must be:
14-1 (a) Administered to pupils in each school district and each charter
14-2 school at the same time, as prescribed by the state board.
14-3 (b) Administered in each school in accordance with uniform procedures
14-4 adopted by the state board. The department shall monitor the school
14-5 districts and individual schools to ensure compliance with the uniform
14-6 procedures.
14-7 (c) Administered in each school in accordance with the plan adopted
14-8 pursuant to section 2 of this act by the department and with the plan
14-9 adopted pursuant to section 4 of this act by the board of trustees of the
14-10 school district in which the examinations are administered. The
14-11 department shall monitor the compliance of school districts and
14-12 individual schools with:
14-13 (1) The plan adopted by the department; and
14-14 (2) The plan adopted by the board of trustees of the applicable
14-15 school district, to the extent that the plan adopted by the board of trustees
14-16 of the school district is consistent with the plan adopted by the
14-17 department.
14-18 Sec. 9. Chapter 391 of NRS is hereby amended by adding thereto the
14-19 provisions set forth as sections 10 to 22, inclusive, of this act.
14-20 Sec. 10. As used in sections 10 to 22, inclusive, of this act, unless the
14-21 context otherwise requires, the words and terms defined in sections 11 to
14-22 15, inclusive, of this act have the meanings ascribed to them in those
14-23 sections.
14-24 Sec. 11. “Examination” means:
14-25 1. Achievement and proficiency examinations that are administered
14-26 to pupils pursuant to NRS 389.015 or 389.550; and
14-27 2. Any other examinations which measure the achievement and
14-28 proficiency of pupils and which are administered to pupils on a district-
14-29 wide basis.
14-30 Sec. 12. “Irregularity in testing administration” means the failure to
14-31 administer an examination in the manner intended by the person or
14-32 entity that created the examination.
14-33 Sec. 13. “Irregularity in testing security” means an act or omission
14-34 that tends to corrupt or impair the security of an examination, including,
14-35 without limitation:
14-36 1. The failure to comply with security procedures adopted pursuant
14-37 to section 2 or 4 of this act;
14-38 2. The disclosure of questions or answers to questions on an
14-39 examination in a manner not otherwise approved by law; and
14-40 3. Other breaches in the security or confidentiality of the questions
14-41 or answers to questions on an examination.
14-42 Sec. 14. “Reprisal or retaliatory action” includes, without limitation:
14-43 1. Frequent or undesirable changes in the location of an office;
14-44 2. Frequent or undesirable transfers or reassignments;
14-45 3. The issuance of letters of reprimand, letters of admonition or
14-46 evaluations of poor performance;
14-47 4. A demotion;
14-48 5. A reduction in pay;
14-49 6. The denial of a promotion;
15-1 7. A suspension;
15-2 8. A dismissal;
15-3 9. A transfer; or
15-4 10. Frequent changes in working hours or workdays,
15-5 if such action is taken, in whole or in part, because the school official
15-6 disclosed information concerning irregularities in testing administration
15-7 or testing security.
15-8 Sec. 15. “School official” means:
15-9 1. A member of a board of trustees of a school district;
15-10 2. A member of a governing body of a charter school; or
15-11 3. A licensed or unlicensed person employed by the board of trustees
15-12 of a school district or the governing body of a charter school.
15-13 Sec. 16. It is hereby declared to be the policy of this state that a
15-14 school official is encouraged to disclose, to the extent not expressly
15-15 prohibited by law, irregularities in testing administration and testing
15-16 security, and it is the intent of the legislature to protect the rights of a
15-17 school official who makes such a disclosure.
15-18 Sec. 17. 1. A school official shall not directly or indirectly use or
15-19 attempt to use his official authority or influence to intimidate, threaten,
15-20 coerce, command, influence or attempt to intimidate, threaten, coerce,
15-21 command or influence another school official in an effort to interfere
15-22 with or prevent the disclosure of information concerning irregularities in
15-23 testing administration or testing security.
15-24 2. As used in this section, “official authority or influence” includes
15-25 taking, directing others to take, recommending, processing or approving
15-26 any personnel action such as an appointment, promotion, transfer,
15-27 assignment, reassignment, reinstatement, restoration, reemployment,
15-28 evaluation or other disciplinary action.
15-29 Sec. 18. 1. If any reprisal or retaliatory action is taken against a
15-30 school official who discloses information concerning irregularities in
15-31 testing administration or testing security within 2 years after the
15-32 information is disclosed, the school official may file a written appeal with
15-33 the state board for a hearing on the matter and determination of whether
15-34 the action taken was a reprisal or retaliatory action. The written appeal
15-35 must be accompanied by a statement that sets forth with particularity:
15-36 (a) The facts and circumstances pursuant to which the disclosure of
15-37 information concerning irregularities in testing administration or testing
15-38 security was made; and
15-39 (b) The reprisal or retaliatory action that is alleged to have been taken
15-40 against the school official.
15-41 The hearing must be conducted in accordance with the rules of
15-42 procedure adopted by the state board pursuant to subsection 4.
15-43 2. If the state board determines that the action taken was a reprisal
15-44 or retaliatory action, it may issue an order directing the proper person to
15-45 desist and refrain from engaging in such action.
15-46 3. The state board may not rule against the school official based on
15-47 the identity of the person or persons to whom the information concerning
15-48 irregularities in testing administration or testing security was disclosed.
16-1 4. The state board shall adopt rules of procedure for conducting a
16-2 hearing pursuant to this section.
16-3 Sec. 19. 1. During any stage of an investigation or hearing
16-4 concerning allegations of reprisal or retaliatory action, the state board
16-5 may issue a subpoena to compel the attendance or testimony of a witness
16-6 or the production of any relevant materials, including, but not limited to,
16-7 books, papers, documents, records, photographs, recordings, reports and
16-8 tangible objects.
16-9 2. If a witness refuses to attend, testify or produce materials as
16-10 required by the subpoena, the state board may report to the district court
16-11 by petition, setting forth that:
16-12 (a) Due notice has been given of the time and place of attendance or
16-13 testimony of the witness or the production of materials;
16-14 (b) The witness has been subpoenaed by the state board pursuant to
16-15 this section; and
16-16 (c) The witness has failed or refused to attend, testify or produce
16-17 materials as required by the subpoena before the state board, or has
16-18 refused to answer questions propounded to him,
16-19 and asking for an order of the court compelling the witness to attend,
16-20 testify or produce materials before the state board.
16-21 3. Upon receipt of such a petition, the court shall enter an order
16-22 directing the witness to appear before the court at a time and place to be
16-23 fixed by the court in its order, the time to be not more than 10 days after
16-24 the date of the order, and then and there show cause why he has not
16-25 attended, testified or produced materials before the state board. A
16-26 certified copy of the order must be served upon the witness.
16-27 4. If it appears to the court that the subpoena was regularly issued by
16-28 the state board, the court shall enter an order that the witness appear
16-29 before the state board at a time and place fixed in the order and testify or
16-30 produce materials, and that upon failure to obey the order the witness
16-31 must be dealt with as for contempt of court.
16-32 Sec. 20. 1. No school official may use the provisions of sections 10
16-33 to 22, inclusive, of this act to harass another school official.
16-34 2. A person who willfully discloses untruthful information
16-35 concerning irregularities in testing administration or testing security:
16-36 (a) Is guilty of a misdemeanor; and
16-37 (b) Is subject to appropriate disciplinary action.
16-38 Sec. 21. Each year, the department shall provide to the board of
16-39 trustees of each school district and to the governing body of each charter
16-40 school a written summary of sections 10 to 22, inclusive, of this act.
16-41 Upon receipt of the written summary, the board of trustees or governing
16-42 body, as appropriate, shall provide a copy of the written summary to all
16-43 other school officials within the school district or charter school.
16-44 Sec. 22. Except as otherwise provided in section 20 of this act, the
16-45 provisions of sections 10 to 22, inclusive, of this act are intended to be
16-46 directory and preventive rather than punitive. The provisions of sections
16-47 10 to 22, inclusive, of this act do not abrogate or decrease the effect of
16-48 any of the provisions of NRS that define crimes or prescribe punishments
16-49 with respect to the conduct of school officials.
17-1 Sec. 23. NRS 391.312 is hereby amended to read as follows:
17-2 391.312 1. A teacher may be suspended, dismissed or not
17-3 reemployed and an administrator may be demoted, suspended, dismissed or
17-4 not reemployed for the following reasons:
17-5 (a) Inefficiency;
17-6 (b) Immorality;
17-7 (c) Unprofessional conduct;
17-8 (d) Insubordination;
17-9 (e) Neglect of duty;
17-10 (f) Physical or mental incapacity;
17-11 (g) A justifiable decrease in the number of positions due to decreased
17-12 enrollment or district reorganization;
17-13 (h) Conviction of a felony or of a crime involving moral turpitude;
17-14 (i) Inadequate performance;
17-15 (j) Evident unfitness for service;
17-16 (k) Failure to comply with such reasonable requirements as a board may
17-17 prescribe;
17-18 (l) Failure to show normal improvement and evidence of professional
17-19 training and growth;
17-20 (m) Advocating overthrow of the Government of the United States or of
17-21 the State of Nevada by force, violence or other unlawful means, or the
17-22 advocating or teaching of communism with the intent to indoctrinate pupils
17-23 to subscribe to communistic philosophy;
17-24 (n) Any cause which constitutes grounds for the revocation of a
17-25 teacher’s license;
17-26 (o) Willful neglect or failure to observe and carry out the requirements
17-27 of this Title;
17-28 (p) Dishonesty;
17-29 (q) Breaches in the security or confidentiality of the questions and
17-30 answers of the achievement and proficiency examinations that are
17-31 administered pursuant to NRS 389.015; [or]
17-32 (r) Intentional failure to observe and carry out the requirements of a
17-33 plan to ensure the security of examinations adopted pursuant to section 2
17-34 or 4 of this act; or
17-35 (s) An intentional violation of NRS 388.5265 or 388.527.
17-36 2. In determining whether the professional performance of a licensed
17-37 employee is inadequate, consideration must be given to the regular and
17-38 special evaluation reports prepared in accordance with the policy of the
17-39 employing school district and to any written standards of performance
17-40 which may have been adopted by the board.
17-41 Sec. 24. NRS 391.330 is hereby amended to read as follows:
17-42 391.330 The state board may suspend or revoke the license of any
17-43 teacher, administrator or other licensed employee, after notice and an
17-44 opportunity for hearing have been provided pursuant to NRS 391.322 and
17-45 391.323, for:
17-46 1. Immoral or unprofessional conduct.
17-47 2. Evident unfitness for service.
17-48 3. Physical or mental incapacity which renders the teacher,
17-49 administrator or other licensed employee unfit for service.
18-1 4. Conviction of a felony or crime involving moral turpitude.
18-2 5. Conviction of a sex offense under NRS 200.366, 200.368, 201.190,
18-3 201.220, 201.230 or 207.260 in which a pupil enrolled in a school of a
18-4 county school district was the victim.
18-5 6. Knowingly advocating the overthrow of the Federal Government or
18-6 of the State of Nevada by force, violence or unlawful means.
18-7 7. Persistent defiance of or refusal to obey the regulations of the state
18-8 board, the commission or the superintendent of public instruction, defining
18-9 and governing the duties of teachers, administrators and other licensed
18-10 employees.
18-11 8. Breaches in the security or confidentiality of the questions and
18-12 answers of the achievement and proficiency examinations that are
18-13 administered pursuant to NRS 389.015.
18-14 9. Intentional failure to observe and carry out the requirements of a
18-15 plan to ensure the security of examinations adopted pursuant to section 2
18-16 or 4 of this act.
18-17 10. An intentional violation of NRS 388.5265 or 388.527.
18-18 Sec. 25. 1. The department shall adopt a plan in accordance with the
18-19 provisions of section 2 of this act on or before August 15, 2001.
18-20 2. The board of trustees of each school district in this state shall adopt
18-21 a plan in accordance with the provisions of section 4 of this act on or
18-22 before September 15, 2001.
18-23 3. Upon the adoption of each initial plan, the plan must be submitted
18-24 as soon as practicable to the state board of education and the legislative
18-25 committee on education.
18-26 Sec. 25.3. 1. On or before October 1, 2001, the department of
18-27 education shall establish procedures for the uniform documentation and
18-28 maintenance of irregularities in testing administration and testing security
18-29 pursuant to section 5.9 of this act for use commencing with the 2001-2002
18-30 school year.
18-31 2. The report required pursuant to subsection 4 of section 5.9 of this
18-32 act must first be submitted on or before September 1, 2002.
18-33 Sec. 25.7. On or before July 1, 2002, the department of education
18-34 shall establish:
18-35 1. A statewide program for the preparation of examinations pursuant to
18-36 section 5.5 of this act for use commencing with the 2002-2003 school year.
18-37 2. A program of education and training regarding the administration
18-38 and security of examinations pursuant to section 5.7 of this act for use
18-39 commencing with the 2002-2003 school year.
18-40 Sec. 26. 1. The provisions of section 20 of this act do not apply to
18-41 offenses committed before July 1, 2001.
18-42 2. The amendatory provisions of sections 23 and 24 of this act do not
18-43 apply to acts committed before July 1, 2001.
18-44 Sec. 27. 1. This section and section 25 of this act become effective
18-45 upon passage and approval.
18-46 2. Sections 2 and 4 of this act become effective upon passage and
18-47 approval for the purpose of adopting a plan and on July 1, 2001, for all
18-48 other purposes.
19-1 3. Sections 1 to 1.8, inclusive, 3, 5, 5.1, 5.3, 5.9 to 24, inclusive, 25.3,
19-2 25.7 and 26 of this act become effective on July 1, 2001.
19-3 4. Sections 5.5 and 5.7 of this act become effective on July 1, 2001, for
19-4 the purpose of establishing programs in accordance with those sections and
19-5 on July 1, 2002, for all other purposes.
19-6 H