2001 REGULAR SESSION (71st) A AB214 174
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 deleting sections 1 through 5 and adding new sections designated as sections 1 through 5.9, following the enacting clause, to read as follows:
“Section 1. Chapter 389 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 to 6, inclusive, of this act.
Sec. 1.2. As used in sections 1.2 to 5.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.4, 1.6 and 1.8 of this act have the meanings ascribed to them in those sections.
Sec. 1.4. “Irregularity in testing administration” means the failure to administer an examination to pupils pursuant to NRS 389.015 or 389.550 in the manner intended by the person or entity that created the examination.
Sec. 1.6. “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination administered to pupils pursuant to NRS 389.015 or 389.550, including, without limitation:
1. The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;
2. The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and
3. Other breaches in the security or confidentiality of the questions or answers to questions on an examination.
Sec. 1.8. “School official” means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of trustees of a school district or the governing body of a charter school.
Sec. 2. 1. The department shall, by regulation or otherwise, adopt and enforce a plan setting forth procedures to ensure the security of examinations that are administered to pupils pursuant to NRS 389.015 and 389.550.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the actions that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify:
(1) By category, the employees of the school district, charter school or department, or any combination thereof, who are responsible for taking the action; and
(2) Whether the school district, charter school or department, or any combination thereof, is responsible for ensuring that the action is carried out successfully.
(d) Objective criteria that set forth the conditions under which a school, including, without limitation, a charter school or a school district, or both, is required to file a plan for corrective action in response to an irregularity in testing administration or testing security for the purposes of section 5.3 of this act.
3. A copy of the plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:
(a) The state board; and
(b) The legislative committee on education, created pursuant to NRS 218.5352.
Sec. 3. 1. If the department:
(a) Has reason to believe that a violation of the plan adopted pursuant to section 2 of this act may have occurred;
(b) Has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred with respect to an examination that is administered pursuant to NRS 389.015 or 389.550; or
(c) Receives a request pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 5 of this act to investigate a potential violation of the plan adopted pursuant to section 4 of this act with respect to an examination that is administered pursuant to NRS 389.015 or 389.550,
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the department shall
investigate the matter as it deems appropriate.
2. If the department investigates a matter pursuant to subsection 1, the department may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects.
3. If a witness refuses to attend, testify or produce materials as required by the subpoena, the department may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the department pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials before the department as required by the subpoena, or has refused to answer questions propounded to him,
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and asking for an order of
the court compelling the witness to attend, testify or produce materials before
the department.
4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the department. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the department, the court shall enter an order that the witness appear before the department at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec. 4. 1. The board of trustees of each school district shall, for each public school in the district, including, without limitation, charter schools, adopt and enforce a plan setting forth procedures to ensure the security of examinations.
2. A plan adopted pursuant to subsection 1 must include, without limitation:
(a) Procedures pursuant to which pupils, school officials and other persons may, and are encouraged to, report irregularities in testing administration and testing security.
(b) Procedures necessary to ensure the security of test materials and the consistency of testing administration.
(c) With respect to secondary schools, procedures pursuant to which the school district or charter school, as appropriate, will verify the identity of pupils taking an examination.
(d) Procedures that specifically set forth the action that must be taken in response to a report of an irregularity in testing administration or testing security and the action that must be taken during an investigation of such an irregularity. For each action that is required, the procedures must identify, by category, the employees of the school district or charter school who are responsible for taking the action and for ensuring that the action is carried out successfully.
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The procedures adopted
pursuant to this subsection must be consistent, to the extent applicable, with
the procedures adopted by the department pursuant to section 2 of this act.
3. A copy of each plan adopted pursuant to this section and the procedures set forth therein must be submitted on or before September 1 of each year to:
(a) The state board; and
(b) The legislative committee on education, created pursuant to NRS 218.5352.
4. On or before September 30 of each school year, the board of trustees of each school district and the governing body of each charter school shall provide a written notice regarding the examinations to all teachers and educational personnel employed by the school district or governing body, all personnel employed by the school district or governing body who are involved in the administration of the examinations, all pupils who are required to take the examinations and all parents and legal guardians of such pupils. The written notice must be prepared in a format that is easily understood and must include, without limitation, a description of the:
(a) Plan adopted pursuant to this section; and
(b) Action that may be taken against personnel and pupils for violations of the plan or for other irregularities in testing administration or testing security.
5. As used in this section:
(a) “Examination” means:
(1) Achievement and proficiency examinations that are administered to pupils pursuant to NRS 389.015 or 389.550; and
(2) Any other examinations which measure the achievement and proficiency of pupils and which are administered to pupils on a district-wide basis.
(b) “Irregularity in testing administration” means the failure to administer an examination in the manner intended by the person or entity that created the examination.
(c) “Irregularity in testing security” means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:
(1) The failure to comply with security procedures adopted pursuant to section 2 or 4 of this act;
(2) The disclosure of questions or answers to questions on an examination in a manner not otherwise approved by law; and
(3) Other breaches in the security or confidentiality of the questions or answers to questions on an examination.
Sec. 5. 1. If a school official has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the school official shall immediately report the incident to the board of trustees of the school district. If the board of trustees of a school district has reason to believe that a violation of the plan adopted pursuant to section 4 of this act may have occurred, the board of trustees shall:
(a) If the violation is with respect to an examination administered pursuant to NRS 389.015 or 389.550, immediately report the incident to the department orally or in writing followed by a comprehensive written report within 14 school days after the incident occurred; and
(b) Cause to be commenced an investigation of the incident. The board of trustees may carry out the requirements of this paragraph by:
(1) Investigating the incident as it deems appropriate, including, without limitation, using the powers of subpoena set forth in this section.
(2) With respect to an examination that is administered pursuant to NRS 389.015 or 389.550, requesting that the department investigate the incident pursuant to section 3 of this act.
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The fact that a board of
trustees elects initially to carry out its own investigation pursuant to
subparagraph (1) of paragraph (b) does not affect the ability of the board of
trustees to request, at any time, that the department investigate the incident
as authorized pursuant to subparagraph (2) of paragraph (b).
2. Except as otherwise provided in this subsection, if the board of trustees of a school district proceeds in accordance with subparagraph (1) of paragraph (b) of subsection 1, the board of trustees may issue a subpoena to compel the attendance or testimony of a witness or the production of any relevant materials, including, without limitation, books, papers, documents, records, photographs, recordings, reports and tangible objects. A board of trustees shall not issue a subpoena to compel the attendance or testimony of a witness or the production of materials unless the attendance, testimony or production sought to be compelled is related directly to a violation or an alleged violation of the plan adopted pursuant to section 4 of this act.
3. If a witness refuses to attend, testify or produce materials as required by the subpoena, the board of trustees may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the board of trustees pursuant to this section; and
(c) The witness has failed or refused to attend, testify or produce materials before the board of trustees as required by the subpoena, or has refused to answer questions propounded to him,
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and asking for an order of
the court compelling the witness to attend, testify or produce materials before
the board of trustees.
4. Upon receipt of such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not attended, testified or produced materials before the board of trustees. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the board of trustees, the court shall enter an order that the witness appear before the board of trustees at a time and place fixed in the order and testify or produce materials, and that upon failure to obey the order the witness must be dealt with as for contempt of court.
Sec.
5.1. 1. Except as
otherwise provided in subsection 6, if the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.015, including, without limitation, the high school proficiency examination; and
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination,
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the department
shall notify the school and the school district in which the school is located
that the school is required to provide for an additional administration of the
examinations to pupils who are enrolled in a grade that is required to take the
examinations pursuant to NRS 389.015, excluding the high school proficiency
examination. The additional administration must occur in the same school year
in which the irregularity described in paragraph (b) occurred. The school
district shall pay for all costs related to the administration of examinations
pursuant to this subsection.
2. If the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.550; and
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550,
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the department shall
notify the school and the school district in which the school is located that
the school is required to provide for an additional administration of the
examinations to pupils who are enrolled in a grade that is required to take the
examinations pursuant to NRS 389.550. The additional administration must occur
in the same school year in which the irregularity described in paragraph (b)
occurred. The school district shall pay for all costs related to the
administration of examinations pursuant to this subsection.
3. If the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination; and
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.550,
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the department shall
notify the school and the school district in which the school is located that
the school is required to provide for an additional administration of the
examinations to pupils who are enrolled in a grade that is required to take the
examinations pursuant to NRS 389.550. The additional administration must occur
in the same school year in which the irregularity described in paragraph (b)
occurred. The school district shall pay for all costs related to the
administration of examinations pursuant to this subsection.
4. Except as otherwise provided in subsection 6, if the department determines that:
(a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during one school year on the examinations administered pursuant to NRS 389.550; and
(b) In the immediately succeeding school year, at least one additional irregularity in testing administration occurred at that school on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination,
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the department shall
notify the school and the school district in which the school is located that
the school is required to provide for an additional administration of the
examinations to pupils who are enrolled in a grade that is required to take the
examinations pursuant to NRS 389.015, excluding the high school proficiency
examination. The additional administration must occur in the same school year
in which the irregularity described in paragraph (b) occurred. The school
district shall pay for all costs related to the administration of examinations
pursuant to this subsection.
5. The department shall provide as many notices pursuant to this section during one school year as are applicable to the irregularities occurring at a school. A school shall provide for additional administrations of examinations pursuant to this section within one school year as applicable to the irregularities occurring at the school.
6. If a school is required to provide an additional administration of examinations pursuant to subsection 2 of NRS 385.368 for a school year, the school is not required to provide for an additional administration pursuant to subsection 1 or 4 in that school year. The department shall ensure that the information required pursuant to paragraph (b) of subsection 3 of section 5.9 of this act is included in its report for the additional administration provided by such a school pursuant to subsection 2 of NRS 385.368.
Sec. 5.3. 1. The department shall notify the principal of a school, including, without limitation, a charter school, or the board of trustees of a school district, as applicable, if the school or the school district is required to file a plan for corrective action based upon the objective criteria adopted by the department pursuant to paragraph (d) of subsection 2 of section 2 of this act. Upon receipt of such notice, the school or the school district, as applicable, shall file a plan for corrective action with the department within the time prescribed by the department. Such a plan must specify the time within which the corrective action will be taken. The school or the school district, as applicable, shall commence corrective action pursuant to the plan immediately after the date on which the plan is filed.
2. The department shall establish procedures to document and monitor whether appropriate corrective action is being taken and whether that action is achieving the desired result. Such documentation must be maintained and reported in accordance with section 5.9 of this act.
3. The department may require a school or a school district to amend its plan for corrective action if the department determines that such amendment is necessary to ensure the security of test materials and the consistency of testing administration in the school or school district, as applicable.
Sec. 5.5. 1. The department shall establish a statewide program for use by schools and school districts in their preparation for the examinations that are administered pursuant to NRS 389.015 and 389.550. The program must:
(a) Be designed to ensure the consistency and uniformity of all materials and other information used in the preparation for the examinations;
(b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 and 389.550 are not included within the materials and other information used for preparation; and
(c) Prescribe a maximum amount of time during the school year that may be used for the preparation of the examinations.
2. If a school, including, without limitation, a charter school, or a school district provides preparation for the examinations that are administered pursuant to NRS 389.015 or 389.550, the school or school district shall comply with the program adopted pursuant to subsection 1. Such a school or school district shall not use materials or information in addition to those prescribed by the department.
Sec. 5.7. 1. The department shall establish a program of education and training regarding the administration and security of the examinations administered pursuant to NRS 389.015 and 389.550.
2. The board of trustees of each school district and the governing body of each charter school shall ensure that:
(a) All the teachers and other educational personnel who provide instruction to pupils enrolled in a grade level that is required to be tested pursuant to NRS 389.015 or 389.550, and all other personnel who are involved with the administration of the examinations that are administered pursuant to NRS 389.015 or 389.550, receive, on an annual basis, the education and training established by the department; and
(b) The training and education is otherwise available for all personnel who are not required to receive the training and education pursuant to paragraph (a).
Sec. 5.9. 1. The department shall establish procedures for the uniform documentation and maintenance by the department of irregularities in testing administration and testing security reported to the department pursuant to section 5 of this act and investigations of such irregularities conducted by the department pursuant to section 3 of this act. The procedures must include, without limitation:
(a) A method for assigning a unique identification number to each incident of irregularity; and
(b) A method to ensure that the status of an irregularity is readily accessible by the department.
2. In accordance with the procedures established pursuant to subsection 1, the department shall prepare and maintain for each irregularity in testing administration and each irregularity in testing security, a written summary accompanying the report of the irregularity. The written summary must include, without limitation:
(a) An evaluation of whether the procedures prescribed by the department pursuant to paragraph (c) of subsection 2 of section 2 of this act were followed in response to the irregularity;
(b) The corrective action, if any, taken in response to the irregularity pursuant to section 5.3 of this act;
(c) An evaluation of whether the corrective action achieved the desired result; and
(d) The current status and the outcome, if any, of an investigation related to the irregularity.
3. The department shall prepare a written report that includes for each school year:
(a) A summary of each irregularity in testing administration and testing security reported to the department pursuant to section 5 of this act and each investigation conducted pursuant to section 3 of this act.
(b) A summary for each school that was required to provide additional administration of examinations pursuant to section 5.1 of this act. The summary must include, without limitation:
(1) The identity of the school;
(2) The type of additional examinations that were administered pursuant to section 5.1 of this act;
(3) The date on which those examinations were administered;
(4) A comparison of the results of pupils on the:
(I) Examinations in which an irregularity occurred in the first school year described in section 5.1 of this act;
(II) Examinations in which an additional irregularity occurred in the second school year described in section 5.1 of this act; and
(III) Additional examinations administered pursuant to section 5.1 of this act.
(c) Each written summary prepared by the department pursuant to subsection 2.
(d) The current status of each irregularity that was reported for a preceding school year which had not been resolved at the time that the preceding report was filed.
(e) The current status and the outcome, if any, of an investigation conducted by the department pursuant to section 3 of this act.
(f) An analysis of the irregularities and recommendations, if any, to improve the security of the examinations and the consistency of testing administration.
4. On or before September 1 of each year, the department shall submit the report prepared pursuant to subsection 3 for the immediately preceding school year to the legislative committee on education created pursuant to NRS 218.5352 and the state board.”.
Amend sec. 14, page 9, line 16, by deleting “reprimand” and inserting:
“reprimand, letters of admonition”.
Amend sec. 23, page 12, by deleting line 4 and inserting:
“(r) Intentional failure to observe and carry out the requirements”.
Amend sec. 24, page 12, by deleting line 35 and inserting:
“9. Intentional failure to observe and carry out the”.
Amend the bill as a whole by adding new sections designated sections 25.3 and 25.7, following sec. 25, to read as follows:
“Sec. 25.3. 1. On or before October 1, 2001, the department of education shall establish procedures for the uniform documentation and maintenance of irregularities in testing administration and testing security pursuant to section 5.9 of this act for use commencing with the 2001-2002 school year.
2. The report required pursuant to subsection 4 of section 5.9 of this act must first be submitted on or before September 1, 2002.
Sec. 25.7. On or before July 1, 2002, the department of education shall establish:
1. A statewide program for the preparation of examinations pursuant to section 5.5 of this act for use commencing with the 2002-2003 school year.
2. A program of education and training regarding the administration and security of examinations pursuant to section 5.7 of this act for use commencing with the 2002-2003 school year.”.
Amend sec. 27, page 13, by deleting lines 8 and 9 and inserting:
“3. Sections 1 to 1.8, inclusive, 3, 5, 5.1, 5.3, 5.9 to 24, inclusive, 25.3, 25.7 and 26 of this act become effective on July 1, 2001.
4. Sections 5.5 and 5.7 of this act become effective on July 1, 2001, for the purpose of establishing programs in accordance with those sections and on July 1, 2002, for all other purposes.”.
Amend the title of the bill to read as follows:
“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.”.