Assembly Bill No. 405–Assemblymen Angle, Gibbons, Beers, Brown, Carpenter, Cegavske, Claborn, Collins, Gustavson, Hettrick, Marvel, Nolan, Price, Tiffany and Von Tobel

 

March 16, 2001

____________

 

Joint Sponsors: Senators Rawson, Neal, Coffin,
Washington, O’Donnell and Shaffer

____________

 

Referred to Committee on Education

 

SUMMARY—Revises provisions governing literacy in public schools. (BDR 34‑652)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; requiring the boards of trustees of school districts and the governing bodies of charter schools to administer certain examinations in reading to pupils who are enrolled in certain grade levels; requiring the department of education to prepare a list of approved examinations to determine the reading level of certain pupils; revising the provisions governing the standards of content and performance established by the council to establish academic standards for public schools for English in the subject area of reading; revising the provisions governing the selection of textbooks by the state board of education; revising the provisions governing the approval of certain courses of study and training for teachers; 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 and 3 of this act.

1-3    Sec. 2.  1.  The legislature declares that:

1-4    (a) It is essential to the educational success of the children who are

1-5  enrolled in Nevada’s public schools that they learn to read with

1-6  proficiency at an early grade level;

1-7    (b) The intended goal of the legislature is that by the year 2004 and

1-8  each year thereafter, at least 90 percent of all children who are enrolled

2-1  in the third grade in public schools throughout this state will read at or

2-2  above the third-grade reading level; and

2-3    (c) An educational system that is enhanced by the inclusion of:

2-4       (1) Instruction in reading that is based upon scientifically based

2-5  reading research;

2-6       (2) Instruction in reading that uses a balanced approach, as

2-7  described in the report “Teaching Children to Read” of the National

2-8  Reading Panel issued in April 2000, which finds that a combination of

2-9  explicit and systematic instruction in phonemic awareness and phonics,

2-10  development of vocabulary, fluency in reading and strategies to develop

2-11  reading comprehension produces the maximum educational benefits for

2-12  pupils; and

2-13      (3) Examinations to determine the reading level of children who are

2-14  enrolled in certain grade levels in elementary school,

2-15  will greatly improve the reading level of children who are enrolled in

2-16  public elementary schools throughout this state.

2-17    2.  As used in this section:

2-18    (a) “Reading” has the meaning ascribed to it in 20 U.S.C. § 6661a(4).

2-19    (b) “Scientifically based reading research” has the meaning ascribed

2-20  to it in 20 U.S.C. § 6661a(5).

2-21    Sec. 3.  1.  In the spring semester of each school year:

2-22    (a) The board of trustees of each school district shall administer to all

2-23  pupils enrolled in public schools of the school district in grades 1, 2 and

2-24  3, an examination to determine the reading level of pupils enrolled in

2-25  those grades.

2-26    (b) The governing body of a charter school that provides instruction to

2-27  pupils enrolled in grades 1, 2 and 3 shall administer to all pupils enrolled

2-28  in those grades at the charter school an examination to determine the

2-29  reading level of those pupils.

2-30  The board of trustees of a school district or the governing body of a

2-31  charter school, as applicable, shall select the examination that is

2-32  administered for each grade level pursuant to this subsection from the

2-33  list of approved examinations prepared by the department pursuant to

2-34  subsection 2.

2-35    2.  On or before October 1 of each year, the department shall prepare

2-36  and publish a list of examinations to determine the reading level of

2-37  pupils enrolled in grades 1, 2 and 3 that have been approved by the

2-38  department for administration by the board of trustees of each school

2-39  district and the governing body of each charter school pursuant to

2-40  subsection 1. The examinations selected by the department must be

2-41  examinations that have been proven successful in determining the

2-42  achievement of pupils in phonics-based instruction. The list must contain

2-43  the name of each examination that is approved for each grade level, the

2-44  vendor, if any, of the examination and the entity from which the

2-45  examination may be obtained. In addition, the department shall include

2-46  on the list an identification of tests and quizzes that the department

2-47  recommends for use by school districts and charter schools pursuant to

2-48  subsection 5. On or before October 15 of each year, the department shall

3-1  transmit a copy of the list to the board of trustees of each school district

3-2  and the governing body of each charter school.

3-3    3.  The results of the examinations administered in the spring

3-4  semester pursuant to subsection 1 must be used by school districts and

3-5  charter schools to determine the reading level of pupils who take the

3-6  examinations.

3-7    4.  The board of trustees of each school district and the governing

3-8  body of each charter school shall submit to the department the results of

3-9  the examinations administered in the spring semester pursuant to

3-10  subsection 1 in the form and manner prescribed by the superintendent of

3-11  public instruction. The results of the examinations administered in the

3-12  spring semester must be reported for each school in which the

3-13  examinations were administered. Not later than 10 days after the

3-14  department receives the results of the examinations administered in the

3-15  spring semester, the department shall transmit a copy of the results to the

3-16  legislative bureau of educational accountability and program evaluation.

3-17    5.  The board of trustees of a school district and the governing body

3-18  of a charter school that is required to administer the examinations in the

3-19  spring semester pursuant to subsection 1 may also administer to pupils

3-20  enrolled in grades 1, 2 and 3, tests or quizzes to be scored by individual

3-21  teachers that are aligned to the examinations administered in the spring

3-22  semester. The tests and quizzes may be administered throughout the

3-23  school year before the date of the administration of the examinations

3-24  administered in the spring semester to provide a preliminary indication

3-25  of the progress of pupils in reading. The results of the tests or quizzes

3-26  must be used to provide appropriate remediation in reading to each pupil

3-27  whose results indicate that he is reading below grade level.

3-28    Sec. 4.  NRS 389.520 is hereby amended to read as follows:

3-29    389.520  1.  The council shall:

3-30    (a) Establish standards of content and performance, including, without

3-31  limitation, a prescription of the resulting level of achievement, for the

3-32  grade levels set forth in subsection 2, based upon the content of each

3-33  course, that is expected of pupils for the following courses of study:

3-34      (1) English, including reading, composition and writing[;] , in

3-35  accordance with subsection 2;

3-36      (2) Mathematics;

3-37      (3) Science;

3-38      (4) Social studies, which includes only the subjects of history,

3-39  geography, economics and government;

3-40      (5) The arts;

3-41      (6) Computer education and technology;

3-42      (7) Health; and

3-43      (8) Physical education.

3-44    (b) Establish a schedule for the periodic review and, if necessary,

3-45  revision of the standards of content and performance. The review must

3-46  include, without limitation, the review required pursuant to NRS 389.570

3-47  of the results of pupils on the examinations administered pursuant to NRS

3-48  389.550.

4-1    (c) Assign priorities to the standards of content and performance

4-2  relative to importance and degree of emphasis and revise the standards, if

4-3  necessary, based upon the priorities.

4-4    2.  The council shall establish standards of content and performance for

4-5  each grade level in kindergarten and grades 1 to 8, inclusive, for English

4-6  and mathematics. The council shall establish standards of content and

4-7  performance for the grade levels selected by the council for the other

4-8  courses of study prescribed in subsection 1. The standards of content and

4-9  performance established for English in the subject area of reading must:

4-10    (a) For each grade level in kindergarten and grades 1 to 8, inclusive,

4-11  be supported by scientifically based reading research;

4-12    (b) For kindergarten and grades 1, 2 and 3, include direct, systematic,

4-13  intensive and explicit phonics; and

4-14    (c) If standards are established for any other grade for instruction in

4-15  reading, including, without limitation, remedial instruction in reading,

4-16  include direct, systematic, intensive and explicit phonics.

4-17    3.  The state board shall adopt the standards of content and

4-18  performance established by the council.

4-19    4.  The council shall work in cooperation with the state board to

4-20  prescribe the examinations required by NRS 389.550.

4-21    5.  As used in this section:

4-22    (a) “Direct, systematic, intensive and explicit phonics” means direct

4-23  instruction in:

4-24      (1) The awareness of phonemes by teaching each sound-spelling

4-25  correspondence explicitly;

4-26      (2) The application of phonemic decoding skills;

4-27      (3) Spelling patterns by teaching frequent, highly regular sound-

4-28  spelling relationships systematically;

4-29      (4) Recognition of words using letter-sound skills by teaching

4-30  pupils how to sound out words directly; and

4-31      (5) The intensive application of the subjects listed in subparagraphs

4-32  (1) to (4), inclusive, to provide pupils with the skills necessary to read

4-33  fluently and comprehend reading material.

4-34    (b) “Reading” has the meaning ascribed to it in 20 U.S.C. § 6661a(4).

4-35    (c) “Scientifically based reading research” has the meaning ascribed

4-36  to it in 20 U.S.C. § 6661a(5).

4-37    Sec. 5.  NRS 390.140 is hereby amended to read as follows:

4-38    390.140  1.  The state board shall make the final selection of all

4-39  textbooks to be used in the public schools in this state, except for charter

4-40  schools. If a textbook proposed for selection is in a subject area for which

4-41  standards of content have been established by the council to establish

4-42  academic standards for public schools pursuant to NRS 389.520, the state

4-43  board shall not select the textbook unless the state board determines that

4-44  the textbook adequately supports the standards for that subject area. Each

4-45  textbook that is selected by the state board to provide instruction in

4-46  reading in kindergarten and grades 1 and 2, must be at least 80 percent

4-47  phonetically decodable. For each textbook that is approved by the state

4-48  board to provide instruction in reading in any grade level, the state board

5-1  shall provide an indication of the approximate percentage of decodable

5-2  words within the textbook that can be read phonetically.

5-3    2.  A textbook must not be selected by the state board pursuant to

5-4  subsection 1 for use in the public schools in classes in literature, history or

5-5  social sciences unless it accurately portrays the cultural and racial diversity

5-6  of our society, including lessons on the contributions made to our society

5-7  by men and women from various racial and ethnic backgrounds.

5-8    Sec. 6.  NRS 391.038 is hereby amended to read as follows:

5-9    391.038  1.  The state board, in consultation with educational

5-10  institutions in this state which offer courses of study and training for the

5-11  education of teachers, the board of trustees of each school district in this

5-12  state and other educational personnel, shall review and evaluate a course of

5-13  study and training offered by an educational institution which is designed

5-14  to provide the education required for:

5-15    (a) The licensure of teachers or other educational personnel;

5-16    (b) The renewal of licenses of teachers or other educational personnel;

5-17  or

5-18    (c) An endorsement in a field of specialization.

5-19  If the course of study and training meets the requirements established by

5-20  the state board, it must be approved by the state board.

5-21    2.  The state board shall not approve a course of study or training

5-22  unless the course of study and training provides instruction, to the extent

5-23  deemed necessary by the state board, in the standards of content and

5-24  performance prescribed by the council to establish academic standards for

5-25  public schools pursuant to NRS 389.520.

5-26    [2.] 3.  The state board may approve a course of study or training

5-27  that is designed to prepare persons to teach elementary education only if

5-28  the course of study or training includes, without limitation:

5-29    (a) Methods to teach basic reading skills based upon scientifically

5-30  based reading research, including, without limitation, the use of direct,

5-31  systematic, intensive and explicit phonics;

5-32    (b) The study of literature, oral and written language, and reading

5-33  comprehension;

5-34    (c) Diagnostic techniques that are designed to provide information to

5-35  teachers regarding the achievement of pupils in reading;

5-36    (d) Techniques that are designed to provide appropriate remediation

5-37  to pupils who are designated as below their grade level for reading; and

5-38    (e) Clinical practice in applying the items listed in paragraphs (a) to

5-39  (d), inclusive.

5-40    4.  The state board may review and evaluate such courses of study and

5-41  training itself or may recognize a course of study and training approved by

5-42  a national agency for accreditation acceptable to the board.

5-43    [3.] 5.  The state board shall adopt regulations establishing fees for the

5-44  review by the board of a course of study and training submitted to the

5-45  board by an educational institution.

5-46    [4.] 6.  The state board, in consultation with educational institutions in

5-47  this state which offer courses of study and training for the education of

5-48  teachers and other educational personnel, and the Nevada Association of

5-49  Colleges [for] of Teacher Education and the Nevada Association of

6-1  Teacher Educators, shall adopt regulations governing the approval by the

6-2  state board of courses of study and training which are accredited by the

6-3  National Council for Accreditation of Teacher Education, and those which

6-4  are not so accredited.

6-5    [5.] 7.  If the state board denies or withdraws its approval of a course

6-6  of study or training, the educational institution is entitled to a hearing and

6-7  judicial review of the decision of the state board.

6-8    8.  As used in this section:

6-9    (a) “Direct, systematic, intensive and explicit phonics” means direct

6-10  instruction in:

6-11      (1) The awareness of phonemes by teaching each sound-spelling

6-12  correspondence explicitly;

6-13      (2) The application of phonemic decoding skills;

6-14      (3) Spelling patterns by teaching frequent, highly regular sound-

6-15  spelling relationships systematically;

6-16      (4) Recognition of words using letter-sound skills by teaching

6-17  pupils how to sound out words directly; and

6-18      (5) The intensive application of the subjects listed in subparagraphs

6-19  (1) to (4), inclusive, to provide pupils with the skills necessary to read

6-20  fluently and comprehend reading material.

6-21    (b) “Reading” has the meaning ascribed to it in 20 U.S.C. § 6661a(4).

6-22    (c) “Scientifically based reading research” has the meaning ascribed

6-23  to it in 20 U.S.C. § 6661a(5).

6-24    Sec. 7.  1.  A school district that operates a regional training program

6-25  for the professional development of teachers and administrators established

6-26  by the school district pursuant to section 16 of chapter 559, Statutes of

6-27  Nevada 1999, at page 2930, shall ensure that the training for teachers in

6-28  methods to teach basic reading skills, which is provided pursuant to

6-29  paragraph (d) of subsection 9 of that section, is based upon scientifically

6-30  based reading research and includes direct, systematic, intensive and

6-31  explicit phonics.

6-32    2.  As used in this section:

6-33    (a) “Direct, systematic, intensive and explicit phonics” means direct

6-34  instruction in:

6-35      (1) The awareness of phonemes by teaching each sound-spelling

6-36  correspondence explicitly;

6-37      (2) The application of phonemic decoding skills;

6-38      (3) Spelling patterns by teaching frequent, highly regular sound-

6-39  spelling relationships systematically;

6-40      (4) Recognition of words using letter-sound skills by teaching pupils

6-41  how to sound out words directly; and

6-42      (5) The intensive application of the subjects listed in subparagraphs

6-43  (1) to (4), inclusive, to provide pupils with the skills necessary to read

6-44  fluently and comprehend reading material.

6-45    (b) “Reading” has the meaning ascribed to it in 20 U.S.C. § 6661a(4).

6-46    (c) “Scientifically based reading research” has the meaning ascribed to

6-47  it in 20 U.S.C. § 6661a(5).

 

7-1    Sec. 8.  On or before January 1, 2002, the council to establish

7-2  academic standards for public schools shall review the standards of content

7-3  and performance for English in the subject area of reading established by

7-4  the council to determine whether the standards of content and performance

7-5  comply with the amendatory provisions of section 4 of this act. If the

7-6  council determines that the standards of content and performance for

7-7  English in the subject area of reading do not comply with the amendatory

7-8  provisions of section 4 of this act, the council shall take appropriate action

7-9  to ensure compliance on or before July 1, 2002.

7-10    Sec. 9.  1.  Commencing with the spring semester of 2002, each

7-11  board of trustees of a school district and each governing body of a charter

7-12  school shall administer the examinations required by section 3 of this act.

7-13    2.  Based upon the results of the examinations that are administered in

7-14  the spring semester of 2002, each school in which the examinations are

7-15  administered shall determine the actual number of pupils enrolled in the

7-16  third grade at the school who read at or above the third-grade reading level.

7-17  For purposes of this section, the percentage of pupils enrolled in the third

7-18  grade at a school who read at or above the third-grade reading level shall

7-19  be deemed the baseline for that school. Each school shall report its baseline

7-20  to the board of trustees of the school district or the governing body of the

7-21  charter school, as applicable. The board of trustees of each school district

7-22  and the governing body of each charter school shall transmit a report of the

7-23  baseline for each school to the department of education and the legislative

7-24  bureau of educational accountability and program evaluation.

7-25    3.  If the baseline for a school is less than 90 percent, the school shall:

7-26    (a) Determine whether the school is making satisfactory progress to

7-27  ensure that at least 90 percent of the pupils enrolled in third grade at the

7-28  school will read at or above grade level by the spring semester of 2004.

7-29    (b) Provide appropriate remediation in reading to pupils to ensure that at

7-30  least 90 percent of the pupils enrolled in third grade at the school will read

7-31  at or above grade level by the spring semester of 2004.

7-32    Sec. 10.  1.  This section and sections 1, 2, 3, and 5 to 9, inclusive, of

7-33  this act become effective on July 1, 2001.

7-34    2.  Section 4 of this act becomes effective on July 1, 2002.

 

7-35  H