A.B. 318
Assembly Bill No. 318–Committee on Education
(On Behalf of Assemblyman Williams)
March 9, 2001
____________
Referred to Committee on Education
SUMMARY—Provides exemption for pupils from high school proficiency examination. (BDR 34‑1301)
FISCAL NOTE: Effect on Local Government: No.
~
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 boards of trustees of school districts and the governing bodies of charter schools to exempt pupils from taking the high school proficiency examination upon the request of a parent or guardian; requiring the state board of education to prescribe alternative criteria for the evaluation of pupils who are exempt from the examination for receipt of a high school diploma; 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. NRS 385.347 is hereby amended to read as follows:
1-2 385.347 1. The board of trustees of each school district in this state,
1-3 in cooperation with associations recognized by the state board as
1-4 representing licensed personnel in education in the district, shall adopt a
1-5 program providing for the accountability of the school district to the
1-6 residents of the district and to the state board for the quality of the schools
1-7 and the educational achievement of the pupils in the district, including,
1-8 without limitation, pupils enrolled in charter schools in the school district.
1-9 2. The board of trustees of each school district shall, on or before
1-10 March 31 of each year, report to the residents of the district concerning:
1-11 (a) The educational goals and objectives of the school district.
1-12 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the
1-13 district and the district as a whole, including, without limitation, each
1-14 charter school in the district.
1-15 Unless otherwise directed by the department, the board of trustees of the
1-16 district shall base its report on the results of the examinations administered
1-17 pursuant to NRS 389.015 and shall compare the results of those
1-18 examinations for the current school year with those of previous school
2-1 years. The report must include, for each school in the district, including,
2-2 without limitation, each charter school in the district, and each grade in
2-3 which the examinations were administered:
2-4 (1) The number of pupils who took the examinations;
2-5 (2) An explanation of instances in which a school was exempt from
2-6 administering or a pupil was exempt from taking an examination; and
2-7 (3) A record of attendance for the period in which the examinations
2-8 were administered, including an explanation of any difference in the
2-9 number of pupils who took the examinations and the number of pupils who
2-10 are enrolled in the school.
2-11 In addition, the board shall also report the results of other examinations of
2-12 pupil achievement administered to pupils in the school district in grades
2-13 other than 4, 8, 10 and 11. The results of these examinations for the current
2-14 school year must be compared with those of previous school years.
2-15 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-16 level for each elementary school in the district and the district as a whole,
2-17 including, without limitation, each charter school in the district, the
2-18 average class size for each required course of study for each secondary
2-19 school in the district and the district as a whole, including, without
2-20 limitation, each charter school in the district, and other data concerning
2-21 licensed and unlicensed employees of the school district.
2-22 (d) The percentage of classes taught by teachers who have been
2-23 assigned to teach English, mathematics, science or social studies but do not
2-24 possess a license with an endorsement to teach in that subject area, for each
2-25 school in the district and the district as a whole, including, without
2-26 limitation, each charter school in the district.
2-27 (e) The total expenditure per pupil for each school in the district and the
2-28 district as a whole, including, without limitation, each charter school in the
2-29 district.
2-30 (f) The curriculum used by the school district, including:
2-31 (1) Any special programs for pupils at an individual school; and
2-32 (2) The curriculum used by each charter school in the district.
2-33 (g) Records of the attendance and truancy of pupils in all grades,
2-34 including, without limitation, the average daily attendance of pupils, for
2-35 each school in the district and the district as a whole, including, without
2-36 limitation, each charter school in the district.
2-37 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
2-38 inclusive, for each such grade, for each school in the district and for the
2-39 district as a whole, excluding pupils who:
2-40 (1) Provide proof to the school district of successful completion of
2-41 the examinations of general educational development.
2-42 (2) Are enrolled in courses that are approved by the department as
2-43 meeting the requirements for an adult standard diploma.
2-44 (3) Withdraw from school to attend another school.
2-45 (i) Records of attendance of teachers who provide instruction, for each
2-46 school in the district and the district as a whole, including, without
2-47 limitation, each charter school in the district.
3-1 (j) Efforts made by the school district and by each school in the district,
3-2 including, without limitation, each charter school in the district, to
3-3 increase:
3-4 (1) Communication with the parents of pupils in the district; and
3-5 (2) The participation of parents in the educational process and
3-6 activities relating to the school district and each school, including, without
3-7 limitation, the existence of parent organizations and school advisory
3-8 committees.
3-9 (k) Records of incidents involving weapons or violence for each school
3-10 in the district, including, without limitation, each charter school in the
3-11 district.
3-12 (l) Records of incidents involving the use or possession of alcoholic
3-13 beverages or controlled substances for each school in the district,
3-14 including, without limitation, each charter school in the district.
3-15 (m) Records of the suspension and expulsion of pupils required or
3-16 authorized pursuant to NRS 392.466 and 392.467.
3-17 (n) The number of pupils who are deemed habitual disciplinary
3-18 problems pursuant to NRS 392.4655, for each school in the district and the
3-19 district as a whole, including, without limitation, each charter school in the
3-20 district.
3-21 (o) The number of pupils in each grade who are retained in the same
3-22 grade pursuant to NRS 392.125, for each school in the district and the
3-23 district as a whole, including, without limitation, each charter school in the
3-24 district.
3-25 (p) The transiency rate of pupils for each school in the district and the
3-26 district as a whole, including, without limitation, each charter school in the
3-27 district. For the purposes of this paragraph, a pupil is not transient if he is
3-28 transferred to a different school within the school district as a result of a
3-29 change in the zone of attendance by the board of trustees of the school
3-30 district pursuant to NRS 388.040.
3-31 (q) Each source of funding for the school district.
3-32 (r) The amount and sources of money received for remedial education
3-33 for each school in the district and the district as a whole, including, without
3-34 limitation, each charter school in the district.
3-35 (s) For each high school in the district, including, without limitation,
3-36 each charter school in the district, the percentage of pupils who graduated
3-37 from that high school or charter school in the immediately preceding year
3-38 and enrolled in remedial courses in reading, writing or mathematics at a
3-39 university or community college within the University and Community
3-40 College System of Nevada.
3-41 (t) The technological facilities and equipment available at each school,
3-42 including, without limitation, each charter school, and the district’s plan to
3-43 incorporate educational technology at each school.
3-44 (u) For each school in the district and the district as a whole, including,
3-45 without limitation, each charter school in the district, the number and
3-46 percentage of pupils who graduate with:
3-47 (1) A standard high school diploma.
3-48 (2) An adjusted diploma.
3-49 (3) A certificate of attendance.
4-1 (v) For each school in the district and the district as a whole, including,
4-2 without limitation, each charter school in the district, the number and
4-3 percentage of pupils who did not receive a high school diploma because the
4-4 pupils failed to pass the high school proficiency examination[.] or failed to
4-5 satisfy the alternative criteria for receipt of a high school diploma
4-6 prescribed by the state board pursuant to subsection 10 of NRS 389.015.
4-7 (w) The number of habitual truants who are reported to a school police
4-8 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-9 2 of NRS 392.144 and the number of habitual truants who are referred to
4-10 an advisory board to review school attendance pursuant to paragraph (b) of
4-11 subsection 2 of NRS 392.144, for each school in the district and for the
4-12 district as a whole.
4-13 (x) Such other information as is directed by the superintendent of public
4-14 instruction.
4-15 3. The records of attendance maintained by a school for purposes of
4-16 paragraph (i) of subsection 2 must include the number of teachers who are
4-17 in attendance at school and the number of teachers who are absent from
4-18 school. A teacher shall be deemed in attendance if the teacher is excused
4-19 from being present in the classroom by the school in which he is employed
4-20 for one of the following reasons:
4-21 (a) Acquisition of knowledge or skills relating to the professional
4-22 development of the teacher; or
4-23 (b) Assignment of the teacher to perform duties for cocurricular or
4-24 extracurricular activities of pupils.
4-25 4. The superintendent of public instruction shall:
4-26 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-27 provide the forms to the respective school districts.
4-28 (b) Provide statistical information and technical assistance to the school
4-29 districts to ensure that the reports provide comparable information with
4-30 respect to each school in each district and among the districts.
4-31 (c) Consult with a representative of the:
4-32 (1) Nevada State Education Association;
4-33 (2) Nevada Association of School Boards;
4-34 (3) Nevada Association of School Administrators;
4-35 (4) Nevada Parent Teachers Association;
4-36 (5) Budget division of the department of administration; and
4-37 (6) Legislative counsel bureau,
4-38 concerning the program and consider any advice or recommendations
4-39 submitted by the representatives with respect to the program.
4-40 5. The superintendent of public instruction may consult with
4-41 representatives of parent groups other than the Nevada Parent Teachers
4-42 Association concerning the program and consider any advice or
4-43 recommendations submitted by the representatives with respect to the
4-44 program.
4-45 6. On or before April 15 of each year, the board of trustees of each
4-46 school district shall submit to each advisory board to review school
4-47 attendance created in the county pursuant to NRS 392.126 the information
4-48 required in paragraph (g) of subsection 2.
5-1 Sec. 2. NRS 385.389 is hereby amended to read as follows:
5-2 385.389 1. The department shall adopt programs of remedial study
5-3 for each subject tested on the examinations administered pursuant to NRS
5-4 389.015. In adopting these programs of remedial study, the department
5-5 shall consider the recommendations submitted by the committee pursuant
5-6 to NRS 218.5354 and programs of remedial study that have proven to be
5-7 successful in improving the academic achievement of pupils.
5-8 2. A school that receives a designation as demonstrating need for
5-9 improvement pursuant to NRS 385.367 shall adopt a program of remedial
5-10 study that has been adopted by the department pursuant to subsection 1.
5-11 3. A school district that includes a school which receives a designation
5-12 of demonstrating need for improvement pursuant to NRS 385.367 shall
5-13 ensure that each of the pupils enrolled in the school who failed to
5-14 demonstrate at least adequate achievement on the examinations
5-15 administered pursuant to NRS 389.015 completes, in accordance with the
5-16 requirements set forth in subsection [5] 6 of NRS 389.015, remedial study
5-17 that is determined to be appropriate for the pupil.
5-18 Sec. 3. NRS 389.015 is hereby amended to read as follows:
5-19 389.015 1. The board of trustees of each school district shall
5-20 administer examinations in all public schools of the school district. The
5-21 governing body of a charter school shall administer the same examinations
5-22 in the charter school. The examinations administered by the board of
5-23 trustees and governing body must determine the achievement and
5-24 proficiency of pupils in:
5-25 (a) Reading;
5-26 (b) Writing;
5-27 (c) Mathematics; and
5-28 (d) Science.
5-29 2. The examinations required by subsection 1 must be:
5-30 (a) Administered before the completion of grades 4, 8, 10 and 11.
5-31 (b) Administered in each school district and each charter school at the
5-32 same time. The time for the administration of the examinations must be
5-33 prescribed by the state board.
5-34 (c) Administered in each school in accordance with uniform procedures
5-35 adopted by the state board. The department shall monitor the compliance of
5-36 school districts and individual schools with the uniform procedures.
5-37 (d) Scored by the department or a single private entity that has
5-38 contracted with the state board to score the examinations. If a private entity
5-39 scores the examinations, it shall report the results of the examinations in
5-40 the form and by the date required by the department.
5-41 3. At least 21 school days before the commencement of the
5-42 administration of the high school proficiency examination, the board of
5-43 trustees of each school district and the governing body of each charter
5-44 school that provides instruction to pupils enrolled in a grade level that is
5-45 required to take the examination, shall provide written notice to the
5-46 parent or legal guardian of each pupil enrolled in a public high school of
5-47 the school district or the charter school, as applicable, who is required to
5-48 take the high school proficiency examination of the date scheduled for
5-49 the administration of the examination and the provisions of this
6-1 subsection. A parent or legal guardian of a pupil who would otherwise be
6-2 required to take the high school proficiency examination may submit a
6-3 written request to the board of trustees of the school district in which the
6-4 pupil is enrolled or the governing body of the charter school in which the
6-5 pupil is enrolled requesting that the board of trustees or the governing
6-6 body exempt the pupil from taking the high school proficiency
6-7 examination. The written request must be submitted at least 5 school
6-8 days before the commencement of the administration of the examination
6-9 and include a signed statement indicating that the parent or legal
6-10 guardian understands and accepts full responsibility for the
6-11 consequences that may result if his child does not take the examination,
6-12 including, without limitation, ineligibility for scholarships that may
6-13 require passing scores on the high school proficiency examination. Upon
6-14 receipt of a timely and properly signed request, the board of trustees or
6-15 the governing body shall exempt the pupil from taking the high school
6-16 proficiency examination. Such an exemption must be granted for all
6-17 subject areas tested on the high school proficiency examination and may
6-18 not be granted for a particular subject area tested on the examination. If
6-19 a parent or legal guardian subsequently requests that his child take the
6-20 high school proficiency examination when the examination is regularly
6-21 administered during the school year, the board of trustees or governing
6-22 body shall grant such a request. A pupil who is exempt pursuant to this
6-23 subsection:
6-24 (a) Must not receive a high school diploma unless he satisfies the
6-25 alternative criteria for evaluation prescribed by the state board pursuant
6-26 to subsection 10, except that he may receive a certificate of attendance in
6-27 place of a diploma if he has reached the age of 17 years;
6-28 (b) Is not exempt from satisfying other requirements for receipt of a
6-29 high school diploma, including, without limitation, the minimum days of
6-30 attendance prescribed by the board of trustees pursuant to NRS 392.122;
6-31 (c) Is not exempt from other examinations that are administered in
6-32 the public schools, including, without limitation, the examinations of
6-33 achievement and proficiency administered pursuant to NRS 389.550; and
6-34 (d) Must not be included in the count of pupils who are required to
6-35 take the achievement and proficiency examinations for purposes of the
6-36 accountability of public schools set forth in NRS 385.3455 to 385.391,
6-37 inclusive. However, he must be included in the count of pupils for all
6-38 other purposes of accountability, including, without limitation, the
6-39 average daily attendance of pupils.
6-40 4. Not more than 14 working days after the results of the examinations
6-41 are reported to the department by a private entity that scored the
6-42 examinations or the department completes the scoring of the examinations,
6-43 the superintendent of public instruction shall certify that the results of the
6-44 examinations have been transmitted to each school district and each charter
6-45 school. Not more than 10 working days after a school district receives the
6-46 results of the examinations, the superintendent of schools of each school
6-47 district shall certify that the results of the examinations have been
6-48 transmitted to each school within the school district. Except as otherwise
6-49 provided in this subsection, not more than 15 working days after each
7-1 school receives the results of the examinations, the principal of each school
7-2 and the governing body of each charter school shall certify that the results
7-3 for each pupil have been provided to the parent or legal guardian of the
7-4 pupil:
7-5 (a) During a conference between the teacher of the pupil or
7-6 administrator of the school and the parent or legal guardian of the pupil; or
7-7 (b) By mailing the results of the examinations to the last known address
7-8 of the parent or legal guardian of the pupil.
7-9 If a pupil fails the high school proficiency examination, the school shall
7-10 notify the pupil and the parents or legal guardian of the pupil as soon as
7-11 practicable but not later than 15 working days after the school receives the
7-12 results of the examination.
7-13 [4.] 5. Different standards of proficiency may be adopted for pupils
7-14 with diagnosed learning disabilities. If a pupil with a disability is unable to
7-15 take an examination created by a private entity under regular testing
7-16 conditions or with modifications and accommodations that are approved by
7-17 the private entity, the pupil may take the examination with modifications
7-18 and accommodations that are approved by the state board pursuant to
7-19 subsection [8.] 9. If a pupil with a disability is unable to take an
7-20 examination created by the department under regular testing conditions or
7-21 with modifications and accommodations that are approved by the
7-22 department, the pupil may take the examination with modifications and
7-23 accommodations that are approved by the state board pursuant to
7-24 subsection [8.] 9. The results of an examination that is taken under
7-25 conditions that are not approved by a private entity or the department, as
7-26 applicable, must not be reported pursuant to subsection 2 of NRS 389.017.
7-27 If different standards of proficiency are adopted or other modifications or
7-28 accommodations are made in the administration of the examinations for a
7-29 pupil who is enrolled in a program of special education pursuant to NRS
7-30 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the
7-31 different standards adopted or other modifications or accommodations
7-32 must be set forth in the pupil’s program of special education developed in
7-33 accordance with the Individuals with Disabilities Education Act, 20 U.S.C.
7-34 §§ 1400 et seq., and the standards prescribed by the state board. During the
7-35 administration of the high school proficiency examination, a pupil with a
7-36 disability may be given additional time to complete the examination if the
7-37 additional time is a modification or accommodation that is approved in the
7-38 pupil’s program of special education developed in accordance with the
7-39 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
7-40 [5.] 6. Ifa pupil fails to demonstrate at least adequate achievement on
7-41 the examination administered before the completion of grade 4, 8 or 10, he
7-42 may be promoted to the next higher grade, but the results of his
7-43 examination must be evaluated to determine what remedial study is
7-44 appropriate. If such a pupil is enrolled at a school that has been designated
7-45 as demonstrating need for improvement pursuant to NRS 385.367 the pupil
7-46 must, in accordance with the requirements set forth in this subsection,
7-47 complete remedial study that is determined to be appropriate for the pupil.
7-48 [6. If]
8-1 7. Except as otherwise provided in subsection 3, if a pupil fails to pass
8-2 the proficiency examination administered before the completion of grade
8-3 11, he must not be graduated until he is able, through remedial study, to
8-4 pass the proficiency examination, but he may be given a certificate of
8-5 attendance, in place of a diploma, if he has reached the age of 17 years.
8-6 [7.] 8. The state board shall prescribe standard examinations of
8-7 achievement and proficiency to be administered pursuant to subsection 1.
8-8 The examinations on reading, mathematics and science prescribed for
8-9 grades 4, 8 and 10 must be selected from examinations created by private
8-10 entities and administered to a national reference group, and must allow for
8-11 a comparison of the achievement and proficiency of pupils in grades 4, 8
8-12 and 10 in this state to that of a national reference group of pupils in grades
8-13 4, 8 and 10. The questions contained in the examinations and the approved
8-14 answers used for grading them are confidential, and disclosure is unlawful
8-15 except:
8-16 (a) To the extent necessary for administering and evaluating the
8-17 examinations.
8-18 (b) That a disclosure may be made to a:
8-19 (1) State officer who is a member of the executive or legislative
8-20 branch to the extent that it is necessary for the performance of his duties;
8-21 (2) Superintendent of schools of a school district to the extent that it
8-22 is necessary for the performance of his duties;
8-23 (3) Director of curriculum of a school district to the extent that it is
8-24 necessary for the performance of his duties; and
8-25 (4) Director of testing of a school district to the extent that it is
8-26 necessary for the performance of his duties.
8-27 (c) That specific questions and answers may be disclosed if the
8-28 superintendent of public instruction determines that the content of the
8-29 questions and answers is not being used in a current examination and
8-30 making the content available to the public poses no threat to the security of
8-31 the current examination process.
8-32 [8.] 9. The state board shall prescribe, in accordance with the
8-33 Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the
8-34 modifications and accommodations that may be used in the administration
8-35 of an examination to a pupil with a disability who is unable to take the
8-36 examination under regular testing conditions or with modifications and
8-37 accommodations that are approved by the private entity that created the
8-38 examination or, if the department created the examination, by the
8-39 department. These regulations may include, without limitation, authorizing
8-40 a pupil to complete an examination with additional time.
8-41 10. The state board shall prescribe alternative criteria for the
8-42 evaluation of pupils who are exempt from taking the high school
8-43 proficiency examination pursuant to subsection 3. The criteria must set
8-44 forth standards that a pupil must satisfy to receive a high school diploma
8-45 that are commensurate with an evaluation of the academic skills of a
8-46 pupil based upon his results on the high school proficiency examination.
8-47 The criteria may include, without limitation, an evaluation of a portfolio
8-48 of a pupil’s work during the school year. The criteria must not require a
9-1 pupil to take another examination in place of the examination from
9-2 which he is exempt.
9-3 Sec. 4. NRS 389.017 is hereby amended to read as follows:
9-4 389.017 1. The state board shall prescribe regulations requiring that
9-5 each board of trustees of a school district and each governing body of a
9-6 charter school submit to the superintendent of public instruction and the
9-7 department, in the form and manner prescribed by the superintendent, the
9-8 results of achievement and proficiency examinations given in [the 4th, 8th,
9-9 10th and 11th] grades 4, 8, 10 and 11 to public school pupils of the district
9-10 and charter schools. The state board shall not include in the regulations any
9-11 provision which would violate the confidentiality of the test scores of any
9-12 individual pupil.
9-13 2. The results of examinations must be reported for each school,
9-14 including, without limitation, each charter school, school district and this
9-15 state as follows:
9-16 (a) The average score, as defined by the department, of pupils who took
9-17 the examinations under regular testing conditions; and
9-18 (b) The average score, as defined by the department, of pupils who took
9-19 the examinations with modifications or accommodations approved by the
9-20 private entity that created the examination or, if the department created the
9-21 examination, the department, if such reporting does not violate the
9-22 confidentiality of the test scores of any individual pupil.
9-23 3. The department shall adopt regulations prescribing the requirements
9-24 for reporting the scores of pupils who:
9-25 (a) Took the examinations under conditions that were not approved by
9-26 the private entity that created the examination or, if the department created
9-27 the examination, by the department;
9-28 (b) Are enrolled in special schools for children with disabilities;
9-29 (c) Are enrolled in an alternative program for the education of pupils at
9-30 risk of dropping out of high school; or
9-31 (d) Are detained in a:
9-32 (1) Youth training center;
9-33 (2) Youth center;
9-34 (3) Juvenile forestry camp;
9-35 (4) Detention home;
9-36 (5) Youth camp;
9-37 (6) Juvenile correctional institution; or
9-38 (7) Correctional institution.
9-39 The scores reported pursuant to this subsection must not be included in the
9-40 average scores reported pursuant to subsection 2.
9-41 4. Not later than 10 days after the department receives the results of
9-42 the achievement and proficiency examinations, the department shall
9-43 transmit a copy of the results of the examinations administered pursuant to
9-44 NRS 389.015 to the legislative bureau of educational accountability and
9-45 program evaluation in a manner that does not violate the confidentiality of
9-46 the test scores of any individual pupil.
9-47 5. On or before November 1 of each year, each school district and each
9-48 charter school shall report to the department the following information for
10-1 each examination administered in the public schools in the school district
10-2 or charter school:
10-3 (a) The examination administered;
10-4 (b) The grade level or levels of pupils to whom the examination was
10-5 administered;
10-6 (c) The costs incurred by the school district or charter school in
10-7 administering each examination; and
10-8 (d) The purpose, if any, for which the results of the examination are
10-9 used by the school district or charter school.
10-10 On or before December 1 of each year, the department shall transmit to the
10-11 budget division of the department of administration and the fiscal analysis
10-12 division of the legislative counsel bureau the information submitted to the
10-13 department pursuant to this subsection.
10-14 6. The superintendent of schools of each school district and the
10-15 governing body of each charter school shall certify that the number of
10-16 pupils who took the examinations required pursuant to NRS 389.015 is
10-17 equal to the number of pupils who are enrolled in each school in the school
10-18 district or in the charter school who are required to take the examinations
10-19 except for those pupils who are exempt from taking the examinations. A
10-20 pupil [may be] is exempt from taking the examinations if:
10-21 (a) His primary language is not English and his proficiency in the
10-22 English language is below the level that the state board determines is
10-23 proficient, as measured by an assessment of proficiency in the English
10-24 language prescribed by the state board pursuant to subsection 8; [or]
10-25 (b) He is enrolled in a program of special education pursuant to NRS
10-26 388.440 to 388.520, inclusive, and his program of special education
10-27 specifies that he is exempt from taking the examinations[.] ; or
10-28 (c) His parent or legal guardian has submitted a written request for an
10-29 exemption pursuant to subsection 3 of NRS 389.015.
10-30 7. In addition to the information required by subsection 5, the
10-31 superintendent of public instruction shall:
10-32 (a) Report the number of pupils who were not exempt from taking the
10-33 examinations but were absent from school on the day that the examinations
10-34 were administered; and
10-35 (b) Reconcile the number of pupils who were required to take the
10-36 examinations with the number of pupils who were exempt from taking the
10-37 examinations or absent from school on the day that the examinations were
10-38 administered.
10-39 8. The state board shall prescribe an assessment of proficiency in the
10-40 English language for pupils whose primary language is not English to
10-41 determine which pupils are exempt from the examinations pursuant to
10-42 paragraph (a) of subsection 6.
10-43 Sec. 5. The state board of education shall prescribe alternative criteria
10-44 for the evaluation of pupils who are exempt from taking the high school
10-45 proficiency examination in accordance with subsection 10 of section 3 of
10-46 this act on or before February 1, 2002, for applicability commencing with
10-47 the 2002-2003 school year.
10-48 Sec. 6. 1. This section and section 5 of this act become effective on
10-49 July 1, 2001.
11-1 2. Section 3 of this act becomes effective on July 1, 2001, for the
11-2 purpose of adopting regulations and on July 1, 2002, for all other purposes.
11-3 3. Sections 1, 2 and 4 of this act become effective on July 1, 2002.
11-4 H