2001 REGULAR SESSION (71st)                                                                       A AB214 R1 758

Amendment No. 758

 

 

 

     Amend sec 5.1, pages 6 and 7, by deleting lines 12 through 49 on page 6 and lines 1 through 44 on page 7, and inserting:

   “Sec. 5.1. 1.  Except as otherwise provided in subsection 8, if the department determines:

   (a) That at least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

   (b) That 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; and

   (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

FLUSH

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, or to the pupils the department determines must take the additional administration pursuant to subsection 6. 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 1 school year on the examinations administered pursuant to NRS 389.550;

   (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; and

   (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

FLUSH

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 or to the pupils the department determines must take the additional administration pursuant to subsection 6. 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 1 school year on the examinations administered pursuant to NRS 389.015, excluding the high school proficiency examination;

   (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; and

   (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

FLUSH

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 or to the pupils the department determines must take the additional administration pursuant to subsection 6. 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 8, if the department determines that:

   (a) At least one irregularity in testing administration occurred at a school, including, without limitation, a charter school, during 1 school year on the examinations administered pursuant to NRS 389.550;

   (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; and

   (c) Based upon the criteria set forth in subsection 5, that the irregularities described in paragraphs (a) and (b) warrant an additional administration of the examinations,

FLUSH

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, or to the pupils the department determines must take the additional administration pursuant to subsection 6. 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.  In determining whether to require a school to provide for an additional administration of examinations pursuant to this section, the department shall consider:

   (a) The effect of each irregularity in testing administration, including, without limitation, whether the irregularity required the scores of pupils to be invalidated; and

   (b) Whether sufficient time remains in the school year to provide for an additional administration of examinations.

   6.  If the department determines pursuant to subsection 5 that a school must provide for an additional administration of examinations, the department may consider whether the most recent irregularity in testing administration affected the test scores of a limited number of pupils and require the school to provide an additional administration of examinations pursuant to this section only to those pupils whose test scores were affected by the most recent irregularity.

   7.  The department shall provide as many notices pursuant to this section during 1 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 1 school year as applicable to the irregularities occurring at the school.

   8.  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.”.

   Amend sec. 5.5, page 8, by deleting lines 20 through 35 and inserting:

“examinations that are administered pursuant to NRS 389.015, excluding the high school proficiency examination. 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; and

   (b) Be designed to ensure that the actual examinations administered pursuant to NRS 389.015 are not included within the materials and other information used for preparation.

   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, excluding the high school proficiency examination, the school or school district shall comply with the program established pursuant to subsection 1. A school district may use and provide additional materials and information if the materials and information comply with the program established by the department. A school, including, without limitation, a charter school, shall use only those materials and information that have been approved or provided by the department or the school district.”.

   Amend sec. 5.7, page 8, line 38, after “389.550.” by inserting:

“Upon approval of the department, the board of trustees of a school district or the governing body of a charter school may establish an expanded program of education and training that includes additional education and training if the expanded program complies with the program established by the department.”.

   Amend sec. 5.7, page 8, by deleting line 46 and inserting:

“basis, the program of education and training established by the department or the expanded program, if applicable; and”.

     Amend sec. 5.9, page 9, by deleting lines 38 and 39.

     Amend sec. 5.9, page 9, line 40, by deleting “(II)” and inserting “(I)”.

     Amend sec. 5.9, page 9, line 42, by deleting “(III)” and inserting “(II)”.