2001 REGULAR SESSION (71st) A SB165 230
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 sections 1 and 2 as sections 4 and 5 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. NRS 385.347 is hereby amended to read as follows:
385.347 1. The board of trustees of each school district in this state, in cooperation with associations recognized by the state board as representing licensed personnel in education in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the state board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district.
2. The board of trustees of each school district shall, on or before March 31 of each year, report to the residents of the district concerning:
(a) The educational goals and objectives of the school district.
(b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
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Unless otherwise directed by the department, the board of
trustees of the district shall base its report on the results of the
examinations administered pursuant to NRS 389.015 and shall compare the results
of those examinations for the current school year with those of previous school
years. The report must include, for each school in the district, including,
without limitation, each charter school in the district, and each grade in
which the examinations were administered:
(1) The number of pupils who took the examinations;
(2) An explanation of instances in which a school was exempt from administering or a pupil was exempt from taking an examination; and
(3) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.
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In addition, the board shall also report the results of other
examinations of pupil achievement administered to pupils in the school district
in grades other than 4, 8, 10 and 11. The results of these examinations for the
current school year must be compared with those of previous school years.
(c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, the average class size for each required course of study for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district, and other data concerning licensed and unlicensed employees of the school district.
(d) The percentage of classes taught by teachers who have been assigned to teach English, mathematics, science or social studies but do not possess a license with an endorsement to teach in that subject area, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(f) The curriculum used by the school district, including:
(1) Any special programs for pupils at an individual school; and
(2) The curriculum used by each charter school in the district.
(g) Records of the attendance and truancy of pupils in all grades, including, without limitation, the average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(h) The annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole, excluding pupils who:
(1) Provide proof to the school district of successful completion of the examinations of general educational development.
(2) Are enrolled in courses that are approved by the department as meeting the requirements for an adult standard diploma.
(3) Withdraw from school to attend another school.
(i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:
(1) Communication with the parents of pupils in the district; and
(2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.
(k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.
(l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.
(m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.
(q) Each source of funding for the school district.
(r) The amount and sources of money received for remedial education for each school in the district and the district as a whole, including, without limitation, each charter school in the district.
(s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university or community college within the University and Community College System of Nevada.
(t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.
(u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who graduate with:
(1) A standard high school diploma.
(2) An adjusted diploma.
(3) A certificate of attendance.
(v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.
(w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.
(x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.
(y) Such other information as is directed by the superintendent of public instruction.
3. The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:
(a) Acquisition of knowledge or skills relating to the professional development of the teacher; or
(b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.
4. The superintendent of public instruction shall:
(a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.
(b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts.
(c) Consult with a representative of the:
(1) Nevada State Education Association;
(2) Nevada Association of School Boards;
(3) Nevada Association of School Administrators;
(4) Nevada Parent Teachers Association;
(5) Budget division of the department of administration; and
(6) Legislative counsel bureau,
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concerning the program and consider any advice or
recommendations submitted by the representatives with respect to the program.
5. The superintendent of public instruction may consult with representatives of parent groups other than the Nevada Parent Teachers Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.
6. On or before April 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.
Sec. 2. 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] prepare a:
(a) Separate written report summarizing the effectiveness of the district’s program of accountability. The report must include:
[(I)] (1) 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)] (2) The identification of any problems or factors at individual schools that are revealed by the review and analysis;
[(III)] (3) 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)] (4) 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] ; and
(5) A summary of the efforts that the school district has made or intends to make to ensure that the teachers and other educational personnel employed by the school district receive training and other professional development in:
(I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;
(II) The assessment and measurement of pupil achievement and the effective methods to analyze the tests results and scores of pupils to improve the achievement and proficiency of pupils; and
(III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.
(b) Written procedure to improve the achievement of pupils who are enrolled in schools within the district, 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).] paragraph (a). 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]
4. On or before June 15 of each year, the board of trustees of each school district shall submit copies of the written report and written procedure required pursuant to [paragraph (a)] subsection 3 to the:
[(1) Governor;
(2)] (a) Governor;
(b) State board;
[(3) Department;
(4)] (c) Department;
(d) Committee; and
[(5)] (e) Bureau.
[4.] 5. 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.] 6. 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.
Sec. 3. NRS 385.367 is hereby amended to read as follows:
385.367 The department shall designate a public school as demonstrating need for improvement if:
1. Less than 60 percent of the pupils enrolled in that school who took the examinations administered pursuant to NRS 389.015 received an average score on those examinations that is at least equal to the 26th percentile of the national reference group of pupils to which the examinations were compared; or
2. The average daily attendance of pupils who are enrolled in the school is less than 90 percent for 3 or more consecutive years based upon the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 [.] or subsection 5 of NRS 386.605.
3. A school that is designated as demonstrating need for improvement based solely upon the provisions of subsection 2 is not eligible to receive money for remedial programs made available by legislative appropriation for the purposes of NRS 385.389.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 7 and adding a new section designated sec. 6, following sec. 2, to read as follows:
“Sec. 6. NRS 385.378 is hereby amended to read as follows:
385.378 1. Except as otherwise provided in subsections 3 and 4, in addition to the requirements set forth in NRS 385.373 and 385.375, if a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.367 or NRS 385.368, the department shall, on or before August 1, establish a panel to supervise the academic probation of the school. A panel established pursuant to this section consists of nine members appointed by the superintendent of public instruction as follows:
(a) Two instructors or professors who provide instruction within the University and Community College System of Nevada;
(b) One representative of the private sector;
(c) Two parents or legal guardians of pupils who are enrolled in the school;
(d) One person who is a member of the board of trustees of a school district; and
(e) Three persons who are licensed educational personnel at public schools within this state. One person appointed pursuant to this paragraph must be a classroom teacher who provides instruction at a school that is not located within the same school district as the school which is the subject of the evaluation. One person appointed pursuant to this paragraph must be an administrator at a school that is not located within the same school district as the school which is the subject of the evaluation.
2. For each day or portion of a day during which a member of the panel attends a meeting of the panel or is otherwise engaged in the work of the panel, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The school district in which the school on academic probation is located shall pay the allowances and expenses authorized pursuant to this subsection.
3. If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.367, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605 demonstrates to the satisfaction of the department that the school has significantly improved in each of the immediately preceding 3 years covered by the profile.
4. If a school receives two or more consecutive designations as demonstrating need for improvement pursuant to NRS 385.368, the school may submit to the department a request for a waiver of the requirement for the establishment of a panel to supervise the academic probation of the school. The department may grant such a waiver if the yearly profile of information for the school maintained by the department pursuant to subsection [4] 5 of NRS 385.351 or subsection 5 of NRS 386.605 demonstrates to the satisfaction of the department that the number of pupils enrolled in the school who take the examinations required pursuant to NRS 389.015 has significantly increased in each of the immediately preceding 2 years covered by the profile.
5. If the department grants a waiver pursuant to subsection 3 or 4, it shall, on or before June 1 of each year, prepare a list that contains the name of each school for which the department has granted a waiver and the justification of the department for granting the waiver. The department shall submit the list to the:
(a) Governor;
(b) State board;
(c) Committee; and
(d) Bureau.”.
Amend the bill as a whole by renumbering sec. 4 as sec. 9 and adding a new section designated sec. 8, following sec. 3, to read as follows:
“Sec. 8. NRS 385.389 is hereby amended to read as follows:
385.389 1. The department shall adopt programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In adopting these programs of remedial study, the department shall consider the recommendations submitted by the committee pursuant to NRS 218.5354 and programs of remedial study that have proven to be successful in improving the academic achievement of pupils.
2. A school that receives a designation as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 shall adopt a program of remedial study that has been adopted by the department pursuant to subsection 1.
3. A school district that includes a school which receives a designation of demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 shall ensure that each of the pupils enrolled in the school who failed to demonstrate at least adequate achievement on the examinations administered pursuant to NRS 389.015 completes, in accordance with the requirements set forth in subsection 5 of NRS 389.015, remedial study that is determined to be appropriate for the pupil.”.
Amend the bill as a whole by renumbering sections 5 through 7 as sections 11 through 13 and adding a new section designated sec. 10, following sec. 4, to read as follows:
“Sec. 10. 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] prepare a:
(a) Separate written report summarizing the effectiveness of the charter school’s program of accountability. The report must include:
[(I)] (1) 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)] (2) The identification of any problems or factors at the charter school that are revealed by the review and analysis [.
(2) A written] ; and
(3) A summary of the efforts that the governing body has made or intends to make to ensure that the teachers and other educational personnel employed by the governing body receive training and other professional development in:
(I) The standards of content and performance established by the council to establish academic standards for public schools pursuant to NRS 389.520;
(II) The assessment and measurement of pupil achievement and the effective methods to analyze the tests results and scores of pupils to improve the achievement and proficiency of pupils; and
(III) Specific content areas to enable the teachers and other educational personnel to provide a higher level of instruction in their respective fields of teaching.
(b) Written procedure to improve the achievement of pupils who are enrolled in the charter school, 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).] paragraph (a). 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]
4. On or before June 15 of each year, the governing body of each charter school shall submit copies of the written report and written procedure required pursuant to [paragraph (a)] subsection 3 to the:
[(1) Governor;
(2)] (a) Governor;
(b) State board;
[(3) Department;
(4)] (c) Department;
(d) Legislative committee on education created pursuant to NRS 218.5352; and
[(5)] (e) Legislative bureau of educational accountability and program evaluation created pursuant to NRS 218.5356.
[4.] 5. 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.] 6. 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.] 7. 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 the bill as a whole by renumbering sections 8 through 10 as sections 15 through 17 and adding a new section designated sec. 14, following sec. 7, to read as follows:
“Sec. 14. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools of the school district. The governing body of a charter school shall administer the same examinations in the charter school. The examinations administered by the board of trustees and governing body must determine the achievement and proficiency of pupils in:
(a) Reading;
(b) Writing;
(c) Mathematics; and
(d) Science.
2. The examinations required by subsection 1 must be:
(a) Administered before the completion of grades 4, 8, 10 and 11.
(b) Administered in each school district and each charter school at the same time. The time for the administration of the examinations must be prescribed by the state board.
(c) Administered in each school in accordance with uniform procedures adopted by the state board. The department shall monitor the compliance of school districts and individual schools with the uniform procedures.
(d) Scored by the department or a single private entity that has contracted with the state board to score the examinations. If a private entity scores the examinations, it shall report the results of the examinations in the form and by the date required by the department.
3. Not more than 14 working days after the results of the examinations are reported to the department by a private entity that scored the examinations or the department completes the scoring of the examinations, the superintendent of public instruction shall certify that the results of the examinations have been transmitted to each school district and each charter school. Not more than 10 working days after a school district receives the results of the examinations, the superintendent of schools of each school district shall certify that the results of the examinations have been transmitted to each school within the school district. Except as otherwise provided in this subsection, not more than 15 working days after each school receives the results of the examinations, the principal of each school and the governing body of each charter school shall certify that the results for each pupil have been provided to the parent or legal guardian of the pupil:
(a) During a conference between the teacher of the pupil or administrator of the school and the parent or legal guardian of the pupil; or
(b) By mailing the results of the examinations to the last known address of the parent or legal guardian of the pupil.
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If a pupil fails the high school proficiency examination, the
school shall notify the pupil and the parents or legal guardian of the pupil as
soon as practicable but not later than 15 working days after the school
receives the results of the examination.
4. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities. If a pupil with a disability is unable to take an examination created by a private entity under regular testing conditions or with modifications and accommodations that are approved by the private entity, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. If a pupil with a disability is unable to take an examination created by the department under regular testing conditions or with modifications and accommodations that are approved by the department, the pupil may take the examination with modifications and accommodations that are approved by the state board pursuant to subsection 8. The results of an examination that is taken under conditions that are not approved by a private entity or the department, as applicable, must not be reported pursuant to subsection 2 of NRS 389.017. If different standards of proficiency are adopted or other modifications or accommodations are made in the administration of the examinations for a pupil who is enrolled in a program of special education pursuant to NRS 388.440 to 388.520, inclusive, other than a gifted and talented pupil, the different standards adopted or other modifications or accommodations must be set forth in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the standards prescribed by the state board. During the administration of the high school proficiency examination, a pupil with a disability may be given additional time to complete the examination if the additional time is a modification or accommodation that is approved in the pupil’s program of special education developed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
5. If a pupil fails to demonstrate at least adequate achievement on the examination administered before the completion of grade 4, 8 or 10, he may be promoted to the next higher grade, but the results of his examination must be evaluated to determine what remedial study is appropriate. If such a pupil is enrolled at a school that has been designated as demonstrating need for improvement pursuant to subsection 1 of NRS 385.367 , the pupil must, in accordance with the requirements set forth in this subsection, complete remedial study that is determined to be appropriate for the pupil.
6. If a pupil fails to pass the proficiency examination administered before the completion of grade 11, he must not be graduated until he is able, through remedial study, to pass the proficiency examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
7. The state board shall prescribe standard examinations of achievement and proficiency to be administered pursuant to subsection 1. The examinations on reading, mathematics and science prescribed for grades 4, 8 and 10 must be selected from examinations created by private entities and administered to a national reference group, and must allow for a comparison of the achievement and proficiency of pupils in grades 4, 8 and 10 in this state to that of a national reference group of pupils in grades 4, 8 and 10. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a:
(1) State officer who is a member of the executive or legislative branch to the extent that it is necessary for the performance of his duties;
(2) Superintendent of schools of a school district to the extent that it is necessary for the performance of his duties;
(3) Director of curriculum of a school district to the extent that it is necessary for the performance of his duties; and
(4) Director of testing of a school district to the extent that it is necessary for the performance of his duties.
(c) That specific questions and answers may be disclosed if the superintendent of public instruction determines that the content of the questions and answers is not being used in a current examination and making the content available to the public poses no threat to the security of the current examination process.
8. The state board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., the modifications and accommodations that may be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions or with modifications and accommodations that are approved by the private entity that created the examination or, if the department created the examination, by the department. These regulations may include, without limitation, authorizing a pupil to complete an examination with additional time.”.
Amend sec. 9, page 12, by deleting lines 15 through 22 and inserting:
“government, including [but not limited to the essentials] , without limitation, the:
(a) Essentials of the :
(1) Constitution of the United States, [the constitution] including, without limitation, the Bill of Rights;
(2) Constitution of the State of Nevada [, the origin] ; and
(3) Declaration of Independence;
(b) Origin and history of the constitutions ; and [the study]
(c) Study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 must be given during at least 1 year of the elementary school grades and for a period of at least 1 year in all high schools.”.
Amend sec. 10, page 12, by deleting lines 24 through 28 and inserting:
“389.030 American history, including , without limitation, the history of the :
1. Constitution of the United States, including, without limitation, the Bill of Rights;
2. State of Nevada , including, without limitation, the Constitution of the State of Nevada; and
3. Declaration of Independence,
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must be taught in all of the public schools in the State of
Nevada for a period of at least 1 year.”.
Amend the bill as a whole by deleting sec. 11 and renumbering sections 12 and 13 as sections 18 and 19.
Amend the bill as a whole by deleting sections 14 and 15 and renumbering sec. 16 as sec. 20.