2001 REGULAR SESSION (71st) A AB127 360
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 385.351 is hereby amended to read as follows:
385.351 1. On or before April 15 of each year, the board of trustees of each school district shall submit the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Committee; and
(e) Bureau.
2. On or before April 15 of each year, the board of trustees of each school district shall submit the information prepared by the board of trustees pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.
3. On or before June 15 of each year, the board of trustees of each school district shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the district’s program of accountability. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based;
(II) The identification of any problems or factors at individual schools that are revealed by the review and analysis;
(III) If the board of trustees provides a program of distance education pursuant to sections 10 to 21, inclusive, of this act, the identification of any problems or factors of the program that are revealed by the review and analysis;
(IV) A summary of the efforts that the school district has made or intends to make in response to the deficiencies or in response to the recommendations identified in the report submitted to the district pursuant to paragraph (b) of subsection 1 of NRS 385.359; and
[(IV)] (V) A description of the progress that the school district has achieved, if any, as a result of the recommendations submitted pursuant to paragraph (b) of subsection 1 of NRS 385.359 in preceding years and any other analyses made in preceding years.
(2) A written procedure to improve the achievement of pupils who are enrolled in schools within the district [,] and who are enrolled in programs of distance education provided by the board of trustees of the school district, if applicable, including, but not limited to, a description of the efforts the district has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the board of trustees to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Committee; and
(5) Bureau.
4. The department shall maintain a record of the information that it receives from each school district pursuant to this section in such a manner as will allow the department to create for each school a yearly profile of information.
5. The board of trustees of each school district shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the school district adopted pursuant to NRS 354.598.”.
Amend sec. 2, page 3, by deleting line 36, and inserting:
“to sections 10 to 21, inclusive, of this act.”.
Amend the bill as a whole by adding a new section designated sec. 3.5, following sec. 3, to read as follows:
“Sec. 3.5. NRS 386.605 is hereby amended to read as follows:
386.605 1. On or before April 15 of each year, the governing body of each charter school shall submit the information concerning the charter school that is contained in the report required pursuant to subsection 2 of NRS 385.347 to the:
(a) Governor;
(b) State board;
(c) Department;
(d) Legislative committee on education created pursuant to NRS 218.5352; and
(e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.
2. On or before April 15 of each year, the governing body of each charter school shall submit the information prepared by the governing body that is contained in the report pursuant to paragraph (t) of subsection 2 of NRS 385.347 to the commission on educational technology created pursuant to NRS 388.790.
3. On or before June 15 of each year, the governing body of each charter school shall:
(a) Prepare:
(1) A separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:
(I) A review and analysis of the data upon which the report required pursuant to subsection 2 of NRS 385.347 is based and a review and analysis of any data that is more recent than the data upon which the report is based; [and]
(II) The identification of any problems or factors at the charter school that are revealed by the review and analysis [.] ; and
(III) If the governing body provides a program of distance education pursuant to sections 10 to 21, inclusive, of this act, the identification of any problems or factors of the program that are revealed by the review and analysis.
(2) A written procedure to improve the achievement of pupils who are enrolled in the charter school [,] and pupils who are enrolled in programs of distance education provided by the governing body, if applicable, including, but not limited to, a description of the efforts the governing body has made to correct any deficiencies identified in the written report required pursuant to subparagraph (1). The written procedure must describe sources of data that will be used by the governing body to evaluate the effectiveness of the written procedure.
(b) Submit copies of the written report and written procedure required pursuant to paragraph (a) to the:
(1) Governor;
(2) State board;
(3) Department;
(4) Legislative committee on education created pursuant to NRS 218.5352; and
(5) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.
4. The department shall maintain a record of the information that it receives from each charter school pursuant to this section in such a manner as will allow the department to create for each charter school a yearly profile of information.
5. The governing body of each charter school shall ensure that a copy of the written report and written procedure required pursuant to paragraph (a) of subsection 3 is included with the final budget of the charter school adopted by the governing body of the charter school pursuant to the regulations of the department.
6. The legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted by charter schools pursuant to this section, consult with the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.”.
Amend sec. 13, pages 11 and 12, by deleting lines 48 and 49 on page 11 and lines 1 through 9 on page 12.
Amend the bill as a whole by adding a new section designated sec. 17.5, following sec. 17, to read as follows:
“Sec. 17.5. 1. The board of trustees of a school district that provides a program of distance education shall, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, authorize the pupil to participate in a class offered through the program of distance education that is not available to the child at the charter school or participate in an extracurricular activity offered through the program of distance education if:
(a) The governing body of the charter school has granted permission pursuant to section 19 of this act;
(b) Space for the pupil in the class or extracurricular activity is available; and
(c) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.
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If the board of trustees
of a school district authorizes a pupil to participate in a class or
extracurricular activity pursuant to this subsection, the board of trustees is
not required to provide transportation for the pupil to attend the class or
extracurricular activity.
2. The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity pursuant to subsection 1 if the board of trustees determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees so revokes its approval, neither the board of trustees nor the program of distance education is liable for any damages relating to the denial of services to the pupil.”.
Amend sec. 20, page 15, by deleting lines 23 through 30 and inserting:
“Sec. 20. 1. If a pupil is enrolled full time in a program of distance education provided by the board of trustees of a school district, the pupil shall be deemed enrolled in that school district for purposes of all the applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:”.
Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
“Sec. 20.5. 1. If the board of trustees of a school district provides a program of distance education, the board of trustees shall:
(a) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:
(1) Graduation requirements;
(2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(4) Discipline of pupils.
(b) Prepare a separate written report that contains the information required by subsection 2 of NRS 385.347, as applicable to the pupils who are enrolled in the program of distance education, and include the separate written report with the report that is made pursuant to NRS 385.347.
2. If the governing body of a charter school provides a program of distance education, the governing body shall:
(a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.
(b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:
(1) Graduation requirements;
(2) Accountability of public schools, as set forth in NRS 385.3455 to 385.391, inclusive;
(3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and
(4) Discipline of pupils.
(c) Prepare a separate written report that contains the information required by subsection 2 of NRS 385.347, as applicable to the pupils who are enrolled in the program of distance education, and submit the separate written report to the board of trustees of the school district in which the charter school is located for inclusion with the report made by the school district pursuant to NRS 385.347.”.
Amend the bill as a whole by adding a new section designated sec. 26.5, following sec. 26, to read as follows:
“Sec. 26.5. NRS 389.560 is hereby amended to read as follows:
389.560 1. The state board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school to submit to the superintendent of public instruction, the department and the council, in the form and manner prescribed by the superintendent, the results of the examinations administered pursuant to NRS 389.550. The state board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.
2. The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this state, as follows:
(a) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations under regular testing conditions; and
(b) The percentage of pupils who have demonstrated proficiency, as defined by the department, and took the examinations with modifications or accommodations approved by the private entity that created the examination or, if the department created the examination, the department, if such reporting does not violate the confidentiality of the test scores of any individual pupil.
3. The department shall adopt regulations prescribing the requirements for reporting the results of pupils who:
(a) Took the examinations under conditions that were not approved by the private entity that created the examination or, if the department created the examination, by the department;
(b) Are enrolled in special schools for children with disabilities;
(c) Are enrolled in an alternative program for the education of pupils at risk of dropping out of high school [;] including, without limitation, a program of distance education that is provided pursuant to sections 10 to 21, inclusive, of this act; or
(d) Are detained in a:
(1) Youth training center;
(2) Youth center;
(3) Juvenile forestry camp;
(4) Detention home;
(5) Youth camp;
(6) Juvenile correctional institution; or
(7) Correctional institution.
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The results reported pursuant to this subsection must not be
included in the percentage of pupils reported pursuant to subsection 2.
4. Not later than 10 days after the department receives the results of the examinations, the department shall transmit a copy of the results to the legislative bureau of educational accountability and program evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.
5. On or before November 1 of each year, each school district and each charter school shall report to the department the following information for each examination administered in the public schools in the school district or charter school:
(a) The examination administered;
(b) The grade level or levels of pupils to whom the examination was administered;
(c) The costs incurred by the school district or charter school in administering each examination; and
(d) The purpose, if any, for which the results of the examination are used by the school district or charter school.
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On or before December 1 of each year, the department shall
transmit to the budget division of the department of administration and the
fiscal analysis division of the legislative counsel bureau the information
submitted to the department pursuant to this subsection.
6. The superintendent of schools of each school district and the governing body of each charter school shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations, except for those pupils who are exempt from taking the examinations. A pupil may be exempt from taking the examinations if:
(a) His primary language is not English and his proficiency in the English language is below the level that the state board determines is proficient, as measured by an assessment of proficiency in the English language prescribed by the state board pursuant to subsection 8; or
(b) He is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, and his program of special education specifies that he is exempt from taking the examinations.
7. In addition to the information required by subsection 5, the superintendent of public instruction shall:
(a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and
(b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.
8. The state board shall prescribe an assessment of proficiency in the English language for pupils whose primary language is not English to determine which pupils are exempt from the examinations pursuant to paragraph (a) of subsection 6.”.
Amend sec. 32, page 25, line 13, by deleting “20” and inserting “20.5,”.
Amend the title of the bill, sixth line, after “governing” by inserting:
“the reports of accountability made by school districts and charter schools to include programs of distance education; revising provisions governing”.